E/1999/23 (Part I*)
E/CN.4/1999/167 (Part I*)
COMMISSION ON HUMAN RIGHTS
REPORT
ON THE FIFTY-FIFTH SESSION
(22
March - 30 April 1999)
PART
I
(for use by members of the
Economic and Social Council during its l999 substantive session)
_________
* The first and second parts will subsequently
be published in a single volume, as the Official Records of the Economic and
Social Council, Supplement No.3.
GE.99_13459 (E)
CONTENTS
Chapter Page
I. DRAFT
RESOLUTION AND DECISIONS RECOMMENDED FOR ADOPTION
BY THE
ECONOMIC AND SOCIAL COUNCIL ........................... 10
A. Draft resolution
Racism,
racial discrimination, xenophobia and related
intolerance
................................................ 10
B. Draft decisions
1. Situation of human rights in Afghanistan .............. 14
2. Situation of human rights in Burundi .................. 14
3. Situation of human rights in the Islamic
Republic
of
Iran ............................................... 15
4. Situation of human rights in Iraq...................... 15
5. Situation of human rights in the Sudan ................ 15
6. Situation of human rights in Myanmar .................. 16
7. Situation of human rights in the Federal
Republic of Yugoslavia (Serbia and Montenegro), the Republic of
Croatia
and Bosnia and Herzegovina .................... 16
8. Situation of human rights in Equatorial
Guinea and assistance in the field of human rights ............... 17
9. Situation of human rights in Rwanda ................... 17
10. Question of the realization in all countries
of the economic, social and cultural rights contained in
the
Universal Declaration of Human Rights and in
the
International Covenant on Economic, Social and
Cultural
Rights, and study of special problems
which
the developing countries face in their efforts
to
achieve these human rights ......................... 17
11. Human rights and extreme poverty .................... 18
12. Question of a draft optional protocol to the
Convention
against Torture and Other Cruel, Inhuman
or
Degrading Treatment or Punishment .................. 18
13. Right to freedom of opinion and expression ............ 18
14. Human rights of migrants .............................. 19
CONTENTS (continued)
Chapter Page
I. B. Draft decisions (continued)
15. Working Group of the Commission on Human
Rights
to
elaborate a draft declaration in accordance
with
paragraph 5 of General Assembly
resolution
49/214 of 23 December 1994 ................. 20
16. Working Group on Indigenous Populations of the
Sub_Commission on Prevention of Discrimination and Protection of Minorities and
the International
Decade
of the World's Indigenous People ............... 20
17. A permanent forum for indigenous people in the
United Nations
system ................................. 21
18. Strengthening of the Office of the United
Nations
High
Commissioner for Human Rights .................... 21
19. Situation of human rights in the Democratic
Republic
of
the Congo .......................................... 21
20. National institutions for the promotion and
protection
of human rights ............................ 22
21. Assistance to Somalia in the field of human
rights..... 22
22. Situation of human rights in Cambodia ................ 23
23. Situation of human rights in Haiti .................... 23
24. Rights of the child ................................... 23
25. Defamation of religions ............................... 24
26. Effects of structural adjustment policies on
the
full
enjoyment of human rights ........................ 25
27. Systematic rape, sexual slavery and
slavery-like
practices
during armed conflicts, including internal
armed
conflict ........................................ 25
28. The concept and practice of affirmative action......... 26
29. Dates of the fifty_sixth session of the
Commission
on
Human Rights........................................ 26
30. Organization of the work of the fifty_sixth
session
of
the Commission on Human Rights...................... 26
31. Rationalization of the work of the Commission
on
Human
Rights .......................................... 27
CONTENTS (continued)
Chapter Page
II. RESOLUTIONS
AND DECISIONS ADOPTED BY THE COMMISSION
AT
ITS FIFTY-FIFTH SESSION ..................................... 28
A. Resolutions
1999/1. Situation of human rights in Sierra Leone ........ 28
1999/2. Situation of human rights in Kosovo............... 29
1999/3. The use of mercenaries as a means of
violating
human
rights and impeding the exercise of the
right
of peoples to self_determination ........... 30
1999/4. Question of Western Sahara ....................... 33
1999/5. Question of the violation of human rights in
the
occupied Arab territories, including
Palestine
........................................ 35
1999/6. Human rights in the occupied Syrian Golan ........ 38
1999/7. Israeli settlements in the occupied Arab
territories
...................................... 40
1999/8. Human rights in Cuba ............................. 41
1999/9. Situation of human rights in Afghanistan ......... 43
1999/10. Situation of human rights in Burundi ............. 47
1999/11. Situation of human rights in Nigeria ............. 50
1999/12.
Human rights situation in southern
Lebanon and
west
Bekaa ....................................... 52
1999/13. Situation of human rights in the Islamic
Republic
of Iran ................................. 54
1999/14. Situation of human rights in Iraq ................ 57
1999/15. Situation of human rights in the Sudan ........... 60
1999/16. Cooperation with representatives of
United
Nations human rights bodies ............... 65
1999/17. Situation of human rights in Myanmar ............. 66
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1999/18. The situation of human rights in the Federal
Republic
of Yugoslavia (Serbia and Montenegro),
the
Republic of Croatia and Bosnia and
Herzegovina
...................................... 71
1999/19. Situation of human rights in Equatorial
Guinea
and
assistance in the field of human rights ...... 83
1999/20. Situation of human rights in Rwanda .............. 86
1999/21. Human rights and unilateral coercive measures
.... 90
1999/22. Effects on the full enjoyment of human rights
of
the economic adjustment policies arising
from
foreign debt and, in particular, on the
implementation
of the Declaration on the Right
to
Development ................................... 92
1999/23. Adverse effects of the illicit movement and
dumping
of toxic and dangerous products and
wastes
on the enjoyment of human rights .......... 96
1999/24. The right to food ................................ 99
1999/25. Question of the realization in all countries
of
the economic, social and cultural rights
contained
in the Universal Declaration of
Human
Rights and in the International Covenant
on
Economic, Social and Cultural Rights, and
study
of special problems which the developing
countries
face in their efforts to achieve
these
human rights ............................ 101
1999/26. Human rights and extreme poverty .............. ............................................... 105
1999/27. Human rights and terrorism..................... ............................................... 109
1999/28. Human rights and arbitrary deprivation of
nationality
................................... 112
1999/29. Hostage-taking ................................ ............................................... 113
1999/30. Question of a draft optional protocol to the
Convention
against Torture and Other Cruel,
Inhuman
or Degrading Treatment or Punishment .. 114
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1999/31. Independence and impartiality of the
judiciary,
jurors
and assessors and the independence of
lawyers
....................................... 116
1999/32. Torture and other cruel, inhuman or
degrading treatment or
punishment ................... ............................................... 118
1999/33. The right to restitution, compensation and
rehabilitation for victims of grave violations
of
human rights and fundamental freedoms ...... 123
1999/34. Impunity ...................................... 124
1999/35. Extrajudicial, summary or arbitrary
executions . 126 ...........................................
1999/36. Right to freedom of opinion and expression .... ............................................... 130
1999/37. Question of arbitrary detention ............... ............................................... 134
1999/38. Question of enforced or involuntary
disappearances
................................ 136
1999/39. Implementation of the Declaration on the
Elimination
of All Forms of Intolerance and
of
Discrimination Based on Religion or Belief . 139
1999/40. Traffic in women and girls .................... 142
1999/41. Integrating the human rights of women
throughout
the United Nations system .......... 146
1999/42. Elimination of violence against women ......... ............................................... 150
1999/43. Abduction of children from northern Uganda .... ............................................... 155
1999/44. Human rights of migrants ...................... 157
1999/45. International Convention on the Protection of
the
Rights of All Migrant Workers and Members
of
Their Families ............................. 160
1999/46. Contemporary forms of slavery ................. ............................................... 161
1999/47. Internally displaced persons .................. 163
1999/48. Rights of persons belonging to national or
ethnic,
religious and linguistic minorities ... 167
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1999/49. The protection of human rights in the context
of
human immunodeficiency virus (HIV) and
acquired
immune deficiency syndrome (AIDS)..... 169
1999/50. Working Group of the Commission on Human
Rights
to
elaborate a draft declaration in accordance
with
paragraph 5 of General Assembly
resolution
49/214 of 23 December 1994.......... 173
1999/51. Working Group on Indigenous Populations of
the Sub_Commission on Prevention of Discrimination
and
Protection of Minorities and the
International
Decade of the World's Indigenous
People
........................................ 174
1999/52. A permanent forum for indigenous people
in the United Nations
system .................. 178
1999/53. Forum on economic, social and cultural
rights:
the
Social Forum .............................. 180
1999/54. Strengthening of the Office of the
United
Nations High Commissioner for
Human
Rights .................................. 181
1999/55. Situation in occupied Palestine ............... 183
1999/56. Situation of human rights in the Democratic
Republic
of the Congo ......................... 185
1999/57. Promotion of the right to democracy ........... ............................................... 190
1999/58. Impunity of perpetrators of violations of
economic,
social and cultural rights .......... 192
1999/59. Globalization and its impact on the full
enjoyment
of all human rights ................. 193
1999/60. Development of public information activities
in
the field of human rights, including the
World
Public Information Campaign on
Human
Rights .................................. 194
1999/61. Question of the death penalty ................. 198
1999/62. Towards a culture of peace .................... ............................................... 201
1999/63. Human rights and bioethics .................... ............................................... 202
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1999/64. United Nations Decade for Human Rights
Education
..................................... 205
1999/65. Fundamental standards of humanity ............. ............................................... 208
1999/66. Implementation of the Declaration on the
Right
and
Responsibility of Individuals, Groups and
Organs
of Society to Promote and Protect
Universally
Recognized Human Rights and
Fundamental
Freedoms .......................... 209
1999/67. Convention on the Prevention and Punishment
of
the Crime of Genocide ...................... 210
1999/68. Enhancement of international cooperation in
the
field of human rights ..................... 211
1999/69. Regional cooperation for the promotion and
protection
of human rights in the Asian and
Pacific
region ................................ 212
1999/70. Composition of the staff of the Office of
the
United Nations High Commissioner for
Human
Rights .................................. 214
1999/71.
Regional arrangements for the promotion
and protection of human rights .................... ............................................... 216
1999/72.
National institutions for the promotion
and
protection
of human rights .................... 219
1999/73. Mainstreaming technical cooperation in all
areas
of human rights ......................... 223
1999/74. Assistance to States in strengthening the
rule
of law ................................... 226
1999/75. Assistance to Somalia in the field of
human
rights .................................. 228
1999/76. Situation of human rights in Cambodia ......... ............................................... 231
1999/77. Situation of human rights in Haiti ............ ............................................... 235
1999/78. Racism, racial discrimination, xenophobia and
related
intolerance ........................... 238
1999/79. The right to development ...................... ............................................... 249
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1999/80. Rights of the child ........................... ............................................... 254
1999/81. Work of the Sub_Commission on Prevention
of Discrimination and Protection of
Minorities ... ............................................... 273
1999/82. Defamation of religions ....................... ............................................... 276
B. Decisions
1999/101. Organization of work .......................... 278
1999/102. Question of assistance to Chad ................ ............................................... 281
1999/103. Question of human rights in Cyprus ............ 281
1999/104. Effects of structural adjustment policies on
the
full enjoyment of human rights ............ 282
1999/105. Systematic rape, sexual slavery and
slavery_like
practices during armed conflict,
including
internal armed conflict ............. 283
1999/106. Study on indigenous land rights ............... 283
1999/107. The concept and practice of affirmative
action
........................................ 283
1999/108. Drinking water supply and sanitation services . 284
1999/109. Human rights and the follow_up to the
guidelines
for the regulation of computerized
personal
data files ........................... 284
1999/110. Human rights and thematic procedures .......... ............................................... 284
1999/111. Postponement of consideration of draft
resolution
E/CN.4/1999/L.85 ................... 285
1999/112. Dates of the fifty_sixth session
of
the Commission ............................. 285
1999/113. Organization of the work of the fifty_sixth
session
of the Commission ..................... 285
I. DRAFT RESOLUTION AND DECISIONS RECOMMENDED
FOR
ADOPTION BY THE ECONOMIC AND
SOCIAL COUNCIL
A. Draft resolution
Racism,
racial discrimination, xenophobia and
related
intolerance
The Economic and Social Council,
Taking note of
Commission on Human Rights resolution 1999/78 of 28 April 1999,
1. Approves
the Commission's recommendation that the General Assembly, through the
Economic and Social Council, should request the Secretary_General to assign
high priority to the activities of the Programme of Action for the Third Decade
to Combat Racism and Racial Discrimination and to earmark adequate resources to
finance the activities of the Programme of Action;
2. Also
approves the Commission’s request to the United Nations High Commissioner
for Human Rights to undertake research and consultations on the use of the
Internet for purposes of incitement to racial hatred, racist propaganda and
xenophobia, to study ways of promoting international cooperation in this area,
and to draw up a programme of human rights education and exchanges over the
Internet on experience in the struggle against racism, xenophobia and anti‑Semitism;
3. Further
approves the Commission’s appeal to the High Commissioner to provide those
countries which were visited by the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance, at their
request, with advisory services and technical assistance to enable them to
implement fully the recommendations of the Special Rapporteur;
4. Endorses
the Commission’s decision, in accordance with General Assembly
resolution 52/111, which indicates that the Commission will act as the
Preparatory Committee for the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, so as that:
(a) The sessions
of the Preparatory Committee scheduled in 2000 and 2001 will be headed by the
same bureau composed of 10 members, i.e. two representatives per
regional group, in order to ensure continuity and the adequate representation
of all Member States of the United Nations;
(b) It will
recommend to the General Assembly, through the Economic and Social
Council, that the World Conference and the sessions of the Preparatory
Committee should be open to participation by:
(i) All
States members of the United Nations and specialized agencies;
(ii) All
regional organizations and commissions involved in the preparation of regional
meetings;
(iii) Representatives
of organizations which have received from the General Assembly a standing
invitation to participate as observers;
(iv) Specialized
agencies, secretariats of the regional commissions and all United Nations
bodies and programmes;
(v) Representatives
of all United Nations mechanisms in the field of human rights;
(vi) Other
interested governmental organizations, which shall be represented by observers;
(vii) Interested
non_governmental organizations to be represented by observers in accordance
with Economic and Social Council resolution 1996/31 of 25 July 1996;
5. Approves
the Commission’s recommendations to the General Assembly, through the
Economic and Social Council, that, if no offer is made to the United Nations
High Commissioner for Human Rights for hosting the World Conference by the end
of the first session of the Preparatory Committee to be held in the year 2000:
(a) The World
Conference should be held in Geneva;
(b) The World
Conference should be held in the year 2001, but after the session of the
Commission on Human Rights and before that of the General Assembly;
6. Also
approves the Commission’s requests to the High Commissioner:
(a) To prepare,
immediately following the fifty_fifth session of the Commission, the
questionnaires referred to in the report of the open-ended Working Group to
review and formulate proposals for the World Conference on Racism, Racial
Discrimination, Xenophobia and Related Intolerance (E/CN.4/1999/16 and Corr. 1
and 2) with a view, on the one hand, to reviewing progress made in the fight
against racism, racial discrimination, xenophobia and related intolerance,
particularly since the adoption of the Universal Declaration of Human Rights,
and, on the other, to reappraise the obstacles to further progress in the field
and ways to overcome them, and to send them as soon as possible to States,
specialized agencies, international governmental and non_governmental
organizations and national institutions;
(b) To review and
analyse the replies and submit a report to the first session of the Preparatory
Committee six weeks before the beginning of its work;
(c) To open an
Internet site on the preparations for the World Conference in close cooperation
with the Department of Public Information;
(d) In her
capacity as Secretary_General of the World Conference, to prepare and carry
out, in close cooperation with the Department of Public Information, an
effective world information campaign with a view to mobilization and support
for the objectives of the World Conference by all sectors of political,
economic, social and cultural life, as well as other interested sectors;
(e) To include, inter alia,
in her strategy for informing international public opinion and sensitizing it
to the objectives of the World Conference:
(i) The
appointment of renowned ambassadors from the entertainment, arts, culture,
sports and musical worlds and any other field who might mobilize the attention
of civil society;
(ii) An
invitation to the sports world to cooperate actively as a partner in the World
Conference;
(iii) Additional
private_sector funding through sponsoring;
(iv) The
need to ensure full coverage of preparatory activities and the World
Conference by the media by making full use of the services of
United Nations Information Centres;
(v) Sending
all Governments, international governmental organizations, non_governmental
organizations and national institutions information handbooks and pamphlets
that can be made available to the public and the media, as well as to
United Nations Information Centres;
(f) To set up a
voluntary fund designed specifically to cover all aspects of the preparatory
process for the World Conference and the participation of non_governmental
organizations, especially from developing countries, by requesting all
Governments, international organizations, non_governmental organizations and
private individuals to contribute to this Fund;
(g) To undertake
appropriate consultations with non_governmental organizations on the
possibility that they might hold a forum before and partly during the World
Conference and, insofar as possible, to provide them with technical assistance
for that purpose;
(h) To undertake a
study to be submitted to the first session of the Preparatory Committee on ways
of improving coordination between the Office of the United Nations High
Commissioner for Human Rights and all specialized agencies and international,
regional and subregional organizations in the field of action to combat racism,
racial discrimination, xenophobia and related intolerance;
(i) To help the
Special Rapporteur of the Commission on racism, racial discrimination,
xenophobia and related intolerance to carry out a study on preventive measures
relating to ethnic, racial, religious and xenophobically motivated conflicts
and to formulate recommendations intended for the first session of the
Preparatory Committee;
(j) To invite the
Special Rapporteur on religious intolerance to participate actively in the
preparatory process and in the World Conference by initiating studies on action
to combat incitement to hatred and religious intolerance;
(k) To review
progress made in the fight against racism, racial discrimination, xenophobia
and related intolerance, in particular since the adoption of the Universal
Declaration of Human Rights, and to reappraise the obstacles to further
progress in the field and ways to overcome them with a view to submitting her
conclusions to the Preparatory Committee;
(l) To organize an
international seminar of experts on the remedies available to the victims of
acts of racism, racial discrimination, xenophobia and related intolerance and
on good national practices in this field, which will be financed by voluntary
contributions, to encourage other activities, particularly seminars forming
part of the preparations for the World Conference, and to submit the
recommendations of these seminars to the Preparatory Committee;
(m) To draw up a
draft agenda for the first session of the Preparatory Committee;
7. Approves
the Commission’s appeals to the High Commissioner to help States and regional
organizations, on request, to convene national and regional meetings or to
undertake other initiatives, including at the expert level, to prepare for the
World Conference, and also to the specialized agencies and the
United Nations regional economic commissions, in coordination with the
High Commissioner, to contribute to the holding of regional preparatory
meetings;
8. Also
approves the Commission’s requests:
(a) To the
Secretary_General, the United Nations specialized agencies and the
regional economic commissions to provide financial and technical assistance for
the organization of the regional preparatory meetings planned in the context of
the World Conference, and stresses that such assistance should be supplemented
by voluntary contributions;
(b) To the
Sub_Commission on Prevention of Discrimination and Protection of Minorities to
undertake a study on ways of making United Nations activities and
mechanisms in the context of programmes aimed at combating racism, racial
discrimination, xenophobia and related intolerance more effective;
(c) To the
Secretary_General to submit a report to the Commission at its fifty_sixth
session on the implementation of Commission resolution 1999/78 under the agenda
item entitled “Racism, racial discrimination, xenophobia and all forms of
discrimination”;
9. Endorses
the Commission’s recommendations that the World Conference should adopt a
declaration and a programme of action to combat racism, racial discrimination,
xenophobia and related intolerance, that the particular situation of children
should receive special attention during the preparations for and during the
World Conference itself, especially in its outcome, and that the importance of
systematically adopting a gender-based approach throughout the preparations for
and in the outcome of the World Conference should be stressed.
[See
chap. II, sect. A, resolution 1999/78,
and
chap. VI.]
B. Draft decisions
1. Situation of human rights in Afghanistan
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/9 of 23 April 1999, approves the
Commission's recommendations to the Secretary-General:
(a) To implement
promptly, security conditions permitting, the decision to investigate
fully reports of mass killings of
prisoners of war and civilians, rape and other cruel
treatment in
Afghanistan;
(b) To ensure that
the deployment of the civilian affairs observers in Afghanistan takes
place as soon as possible, security conditions permitting, and that gender
issues are fully incorporated into their mission.
The Council also approves the Commission’s request to the
United Nations High Commissioner for Human Rights to ensure a human rights
presence in the context of the United Nations activities in Afghanistan in
order to provide advice and training in the field of human rights to all the
Afghan parties, as well as to the intergovernmental and non_governmental
organizations active in the field.
The Council endorses the Commission’s decision to extend
the mandate of the Special Rapporteur on the situation of human rights in
Afghanistan for one year, and to request the Special Rapporteur to report
on the situation of human rights in Afghanistan to the
General Assembly at its fifty_fourth session and to the Commission on
Human Rights at its fifty_sixth session.
[See
chap. II, sect. A, resolution 1999/9,
and
chap. IX.]
2. Situation of human rights in Burundi
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/10 of 23 April 1999, endorses the
Commission’s decision to extend the mandate of the Special Rapporteur on the
situation of human rights in Burundi by one year, and to request the Special
Rapporteur to submit an interim report on the human rights situation in
that country to the General Assembly at its fifty_fourth session, and
a report to the Commission at its fifty_sixth session, giving his work a
gender_specific dimension.
[See
chap. II, sect. A, resolution 1999/10,
and
chap. IX.]
3. Situation of human rights in the Islamic
Republic of Iran
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/13 of 23 April 1999,
endorses the Commission’s decision to extend the mandate of the Special
Representative on the situation of human rights in the Islamic Republic of
Iran, as contained in Commission resolution 1984/54 of 14 March 1984, for
a further year, and to request the Special Representative to submit an interim
report to the General Assembly at its fifty-fourth session and to report
to the Commission at its fifty-sixth session, and also to keep a gender
perspective in mind when seeking and analysing information.
[See
chap. II, sect. A, resolution 1999/13,
and
chap. IX.]
4. Situation of human rights in Iraq
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/14 of 23 April 1999, endorses the
Commission's decisions:
(a) To extend the
mandate of the Special Rapporteur on the situation of human rights in Iraq, as
contained in Commission resolution 1991/74 of 6 March 1991 and subsequent
resolutions, for a further year, to request the Special Rapporteur to submit an
interim report on the situation of human rights in Iraq to the General Assembly
at its fifty-fourth session and to report to the Commission at its
fifty_sixth session, and also to keep a gender perspective in mind when
seeking and analysing information;
(b) To request the
Secretary-General to continue to give all necessary assistance to the Special
Rapporteur to enable him to discharge his mandate fully, and to approve the
allocation of sufficient human and material resources for the sending of human
rights monitors to such locations as would facilitate improved information flow
and assessment and help in the independent verification of reports on the
situation of human rights in Iraq.
[See
chap. II, sect. A, resolution 1999/14,
and
chap. IX.]
5. Situation of human rights in the Sudan
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/15 of 23 April 1999, endorses the
Commission's decision to extend the mandate of the Special Rapporteur on the
situation of human rights in the Sudan for a further year, to request him to
submit an interim report to the General Assembly at its fifty_fourth session
and to report to the Commission at its fifty‑sixth session on the
situation of human rights in the Sudan, and to continue to keep a gender
perspective in mind in the reporting process.
[See
chap. II, sect. A, resolution 1999/15,
and
chap. IX.]
6. Situation of human rights in Myanmar
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/17 of 23 April 1999, endorses the
Commission's decision to extend the mandate of the Special Rapporteur on the
situation of human rights in Myanmar, as contained in Commission resolution
1992/58 of 3 March 1992, for a further year, to request the Special
Rapporteur to submit an interim report to the General Assembly at its
fifty-fourth session and to report to the Commission at its fifty-sixth session,
and to keep a gender perspective in mind when seeking and analysing
information.
[See
chap. II, sect. A, resolution 1999/17,
and
chap. IX.]
7. Situation of human rights in the Federal
Republic
of
Yugoslavia (Serbia and Montenegro), the Republic
of Croatia
and Bosnia and Herzegovina
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/18 of 23 April 1999,
endorses the Commission's
decision to renew for one year the mandate of the Special
Rapporteur on the situation of human rights in Bosnia and Herzegovina, Croatia
and the Federal Republic of Yugoslavia.
The Council approves the Commission’s requests that the
Special Rapporteur carry out missions to:
(a) Bosnia and Herzegovina, including the Republika Srpska; (b) the
Republic of Croatia, including Eastern Slavonia, Baranja and Western Sirmium;
(c) the Federal Republic of Yugoslavia (Serbia and Montenegro), including to
Kosovo, as well as to Sandjak and Vojvodina.
The Council also endorses the Commission’s decisions:
(a) To request the
Special Rapporteur to report to the Commission at its fifty‑sixth
session on the work carried out in fulfilment of his mandate, and to make
interim reports as appropriate about his work in support of the Kosovo
initiative of the United Nations High Commissioner for Human Rights, and to
present interim reports to the General Assembly at its fifty‑fourth
session;
(b) To request the
Secretary‑General to continue to make the Special Rapporteur's reports
available to the Security Council, to the Organization for Security and
Cooperation in Europe and to other international organizations concerned with
human rights and humanitarian questions;
(c) To urge the
Secretary‑General, within existing resources, to make all necessary
resources available for the Special Rapporteur to carry out his mandate
successfully and, in particular, to provide him with adequate staff based in
those territories to ensure effective continuous monitoring of the human rights
situation in the countries of the mandate and coordination with other
international organizations involved.
[See
chap. II, sect. A, resolution 1999/18,
and
chap. IX.]
8. Situation
of human rights in Equatorial Guinea
and assistance in the field of human
rights
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/19 of 23 April 1999, endorses the
Commission's decisions to appoint a special representative of the Commission
for one year to monitor the situation of human rights in Equatorial Guinea and
to report to the Commission at its fifty_sixth session, keeping in mind the
need to apply a gender perspective in the reporting process, including in
collecting information and making recommendations.
[See
chap. II, sect. A, resolution 1999/19,
and
chap. IX.]
9. Situation of human rights in Rwanda
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/20 of 23 April 1999,
endorses the Commission's decision to extend for a further year the mandate of
the Special Representative on the situation of human rights in Rwanda to make
recommendations on the situation of human rights in Rwanda, to facilitate the
establishment and effective and independent functioning of the National Human
Rights Commission and to make recommendations on situations in which technical
assistance to the Government of Rwanda in the field of human rights may be
appropriate.
The Council also approves the Commission's request to the
Special Representative to report to the General Assembly at its fifty_fourth
session and to the Commission at its fifty_sixth session, in accordance with
his mandate, and its request to the United Nations High Commissioner for Human
Rights to provide the Special Representative with such financial assistance as
he may require to discharge his mandate, keeping a gender perspective in mind
when seeking and analysing information.
[See
chap. II, sect. A, resolution 1999/20,
and
chap. IX.]
10. Question of the realization in all
countries of the
economic,
social and cultural rights contained in
the
Universal Declaration of Human Rights and in
the
International Covenant on Economic, Social and
Cultural Rights,
and study of special problems
which the
developing countries face in their
efforts to
achieve these human rights
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/25 of 26 April 1999,
endorses the Commission’s decision to request the United Nations High
Commissioner for Human Rights to consider the possibility of organizing, in
collaboration with relevant United Nations agencies and, in particular,
the United Nations Children's Fund and the United Nations
Educational, Scientific and Cultural Organization, a workshop to identify
progressive developmental benchmarks and indicators related to the
right to education which may inform the work of the
Committee on Economic, Social and Cultural Rights, the Committee on the Rights
of the Child and other human rights treaty bodies and human rights mechanisms,
United Nations specialized agencies, Funds and Programmes.
[See
chap. II, sect. A, resolution 1999/25,
and
chap. X.]
11. Human rights and extreme poverty
The Economic and Social Council, taking note
of Commission on Human Rights resolution 1999/26 of 26 April 1999,
approves the Commission’s request to the United Nations High Commissioner for
Human Rights to consider the possibility of holding a workshop with the
independent expert on human rights and extreme poverty and the experts from the
Sub-Commission on Prevention of Discrimination and Protection of Minorities in
1999 with a view to consultations also involving the relevant functional
commissions of the Council on the main elements of a possible draft declaration
on human rights and extreme poverty.
[See
chap. II, sect. A, resolution 1999/26,
and
chap. X.]
12. Question
of a draft optional protocol to the
Convention against Torture and Other
Cruel,
Inhuman or Degrading Treatment or
Punishment
The
Economic and Social Council, taking note of Commission on Human Rights
resolution 1999/30 of 26 April 1999, authorizes the open_ended Working Group of
the Commission on Human Rights to meet for a period of two weeks, prior to
the fifty_sixth session of the Commission, in order to continue or conclude the
elaboration of a draft optional protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
The
Council encourages the Chairman-Rapporteur of the Working Group to conduct
informal inter-sessional consultations with all interested parties in order to
facilitate the completion of a consolidated text.
[See
chap. II, sect. A, resolution 1999/30,
and
chap. XI.]
13. Right to freedom of opinion and expression
The
Economic and Social Council, taking note of Commission on Human Rights
resolution 1999/36 of 26 April 1999, endorses the Commission's
decisions to extend for a further three years the mandate of the Special
Rapporteur on the promotion and protection of the right to freedom of opinion
and
expression, and to request the Special Rapporteur to submit to the Commission
at its fifty-sixth session a report covering activities relating to his
mandate.
[See chap. II,
sect. A, resolution 1999/36,
and
chap. XI.]
14. Human rights of migrants
The
Economic and Social Council, taking note of Commission on Human Rights
resolution 1999/44 of 27 April 1999, endorses the Commission's
decision to appoint, for a three_year period, a special rapporteur on the
human rights of migrants to examine ways and means to overcome the obstacles
existing to the full and effective protection of the human rights of this
vulnerable group, including obstacles and difficulties for the return of
migrants who are non_documented or in an irregular situation, with the
following functions:
(a) To request and receive information from all
relevant sources, including migrants themselves, on violations of the human
rights of migrants and their families;
(b) To formulate appropriate recommendations to
prevent and remedy violations of the human rights of migrants, wherever they
may occur;
(c) To promote the effective application of
relevant international norms and standards on the issue;
(d) To recommend actions and measures applicable
at the national, regional and international levels to eliminate violations of
the human rights of migrants;
(e) To take into account a gender perspective
when requesting and analysing information, as well as to give special attention
to the occurrence of multiple discrimination and violence against migrant
women.
The
Council approves the Commission’s requests to the Special Rapporteur, in
carrying out his/her mandate, to give careful consideration to the various recommendations
of the Working Group of intergovernmental experts aimed at the promotion and
protection of the human rights of migrants, to take into consideration relevant
human rights instruments of the United Nations to promote and protect the
human rights of migrants, and in carrying out his/her mandate, to take into
account bilateral and regional negotiations which aim at addressing, inter
alia, the return and reinsertion of migrants who are non_documented or in
an irregular situation.
The Council also approves the Commission’s
recommendations to the Special Rapporteur, in carrying out this mandate and
within the framework of the Universal Declaration of Human Rights and all other
international instruments, to request, receive and exchange information on
violations of the human rights of migrants from Governments, treaty bodies,
specialized agencies, special rapporteurs for various human rights questions
and from intergovernmental organizations, other competent organizations of the
United Nations system and non_governmental organizations, including
migrants' organizations, and to respond effectively to such information, and to
contribute to the preparatory committee for the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, within the
framework of the objectives of the Conference, including by identifying major
issues to be considered by the World Conference.
The Council also approves the Commission’s requests to:
(a) The
Chairperson of the Commission, after consultations with the other members of
the Bureau, to appoint as Special Rapporteur an individual of recognized
international standing and experience in addressing the human rights of
migrants;
(b) The Special
Rapporteur to submit a report on his/her activities to the Commission at its
fifty_sixth session;
(c) The
Secretary_General to give the Special Rapporteur all necessary human and
financial assistance for the fulfilment of his/her mandate.
[See
chap. II, sect. A, resolution 1999/44,
and
chap. XIV.]
15. Working
Group of the Commission on Human Rights to
elaborate
a draft declaration in accordance with
paragraph
5 of General Assembly resolution 49/214
of
23 December 1994
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/50
of 27 April 1999, authorizes the open_ended inter_sessional
Working Group of the Commission on Human Rights established in accordance with
Commission resolution 1995/32 of 3 March 1995 to meet for a
period of 10 working days prior to the fifty_sixth session of the
Commission, the costs of the meeting to be met from within existing resources.
[See
chap. II, sect. A, resolution 1999/50,
and
chap. XV.]
16. Working
Group on Indigenous Populations of the Sub_Commission
on
Prevention of Discrimination and Protection of Minorities
and the
International Decade of the World's Indigenous People
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/51 of 27 April 1999, authorizes the
Working Group on Indigenous Populations of the Sub_Commission on Prevention of
Discrimination and Protection of Minorities to meet for five working days prior
to the fifty_first session of the Sub_Commission, and approves the Commission's
request to the Secretary_General to provide adequate resources and assistance
to the Working Group in the discharge of its tasks, including adequate
dissemination of information about the activities of the Working Group to
Governments, specialized agencies, non_governmental
organizations and organizations of indigenous people, in order to encourage the
widest possible participation in its work.
[See
chap. II, sect. A, resolution 1999/51,
and
chap. XV.]
17. A permanent forum for indigenous people
in the
United Nations
system
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/52 of 27 April 1999, endorses the
Commission's decisions to re‑establish the open‑ended inter‑sessional
ad hoc working group established in accordance with resolution 1998/20 to meet
for eight working days prior to the fifty‑sixth session of the Commission
on Human Rights, and to request the working group to submit, with a view to
completing its task, one or more concrete proposals on the establishment of a
permanent forum for indigenous people in the United Nations system for
consideration by the Commission at that session.
[See
chap. II, sect. A, resolution 1999/52,
and
chap. XV.]
18. Strengthening
of the Office of the United Nations
High
Commissioner for Human Rights
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/54 of 27 April 1999, endorses the
Commission’s recommendation that the Council and the General Assembly should
provide the Office of the United Nations High Commissioner for Human Rights
with the means and resources necessary to carry out its increased
responsibilities and that they should also provide increased resources for the
special rapporteurs.
[See
chap. II, sect. A, resolution 1999/54,
and
chap. IV.]
19. Situation
of human rights in the Democratic
Republic
of the Congo
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/56 of 27 April 1999, endorses the
Commission's decisions:
(a) To extend the
mandate of the Special Rapporteur on the situation of human rights in the
Democratic Republic of the Congo for a further year, to request him to report
to the Commission at its fifty_sixth session on the situation of human rights
in the Democratic Republic of the Congo and on the possibilities for the
international community to assist with local capacity_building, and to keep a
gender perspective in mind when seeking and analysing information;
(b) To request the
Special Rapporteur on the situation of human rights in the Democratic Republic
of the Congo and the Special Rapporteur on extrajudicial, summary or arbitrary
executions and a member of the Working Group on Enforced or Involuntary
Disappearances to carry out, immediately after the signing of a cease-fire
agreement or as soon as security considerations permit and, where appropriate,
in cooperation with the National Commission of Inquiry to investigate alleged
human rights violations and breaches of international humanitarian law in the Democratic
Republic of the Congo (formerly Zaire) between 1996 and 1997, a joint mission
to investigate all massacres carried out on the territory of the Democratic
Republic of the Congo, including those in the province of South Kivu and other
atrocities as referred to in the report of the Special Rapporteur on the
situation of human rights in the Democratic Republic of the Congo
(E/CN.4/1999/31), with a view to bringing to justice those responsible, and to
report to the General Assembly at its fifty_fourth session and to the
Commission at its fifty_sixth session.
[See
chap. II, sect. A, resolution 1999/56,
and
chap. IX.]
20. National institutions for the promotion
and
protection of human rights
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/72 of 28 April 1999, approves the
Commission’s requests to the Secretary_General:
(a) To continue to
provide, from within existing resources, the necessary assistance for holding
meetings of the Coordinating Committee of national institutions during the
sessions of the Commission on Human Rights, under the auspices of, and in
cooperation with, the Office of the United Nations High Commissioner for
Human Rights;
(b) To continue to
provide, from within existing resources
and the United Nations Voluntary Fund for Technical Cooperation in the Field of
Human Rights, the necessary assistance for regional meetings of national
institutions.
[See
chap. II, sect. A, resolution 1999/72,
and
chap. XVIII.]
21. Assistance
to Somalia in the field of human rights
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/75 of 28 April 1999, approves the
Commission’s requests to the Secretary_General to continue to provide the
Independent expert on human rights in
Somalia with all necessary assistance in carrying out her mandate and to
provide adequate resources, from within existing overall United Nations
resources, to fund the activities of the independent expert.
[See
chap. II, sect. A, resolution 1999/75,
and
chap. XIX.]
22. Situation of human rights in Cambodia
The Economic and Social Council, taking note of Commission
on Human Rights resolution 1998/76 of 28 April 1999, approves the Commission's
request to the Secretary_General, through his Special Representative for
human rights in Cambodia, in collaboration with the office in Cambodia of
the United Nations High Commissioner for Human Rights, to assist the Government
of Cambodia in ensuring the protection of the human rights of all people in
Cambodia and to ensure adequate resources for the continued functioning of the
operational presence in Cambodia of the Office of the High Commissioner and to
enable the Special Representative to continue to fulfil his tasks
expeditiously.
[See
chap. II, sect. A, resolution 1999/76,
and
chap. XIX.]
23. Situation of human rights in Haiti
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/77 of 28 April 1999, approves the
Commission's recommendation to the independent expert to report to the General
Assembly at its fifty‑fourth session and to the Commission at its fifty‑sixth
session on developments in the human rights situation in Haiti.
[See
chap. II, sect. A, resolution 1999/77,
and
chap. XIX.]
24. Rights of the child
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/80 of 28 April 1999, endorses the
Commission's decisions:
(a) With regard to
the Committee on the Rights of the Child, to request the Secretary-General to
ensure the provision of appropriate staff and facilities from the United
Nations regular budget for the effective and expeditious performance of the
functions of the Committee;
(b) With regard to
the draft optional protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflicts:
(i) To
invite the Chairperson of the Working Group on a draft optional protocol to the
Convention on the Rights of the Child on the involvement of children in armed
conflicts to continue broad informal consultations, with the aim of promoting
an early agreement on the optional protocol, and, if possible, to produce a
report thereon by the end of 1999, including recommendations on how to
finalize the formal negotiations;
(ii) To
request the Working Group to meet early in 2000 in order to make further
progress with the aim of finalizing its work before the tenth anniversary of
the entry into force of the Convention, and to report to the Commission at its
fifty_sixth session;
(iii) To
request the Secretary_General to give the necessary support to the Working
Group to meet for a maximum of two weeks;
(c) With regard to
the Special Representative of the Secretary_General on the question of the
impact of armed conflict on children, to request the Secretary_General to ensure
that the necessary support is made available expeditiously to the Special
Representative for the effective performance of his mandate;
(d) With regard to
the question of a draft optional protocol to the Convention on the Rights of
the Child on the sale of children, child prostitution and child pornography:
(i) To
invite the Chairperson of the Working Group on a draft optional protocol to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography to conduct broad informal consultations,
with the aim of promoting an early agreement on the optional protocol, and, if
possible, to produce a report thereon by the end of 1999, including
recommendations on how to finalize the formal negotiations;
(ii) To
request the Working Group to meet early in 2000 in order to make further
progress with the aim of finalizing its work before the tenth anniversary of
the entry into force of the Convention, and to report to the Commission at its
fifty_sixth session;
(iii) To
request the Secretary_General to give the necessary support to the Working
Group to meet for a maximum of two weeks.
The Council also endorses the Commission’s decision to
approve the recommendation of the Sub‑Commission on Prevention of
Discrimination and Protection of Minorities, contained
in its resolution 1998/16 of 21 August 1998, that the
mandate of Ms. Halima Embarek Warzazi as Special Rapporteur on
traditional practices affecting the health of women and the girl child be
extended to ensure the completion of her task as called for in Sub‑Commission
resolution 1996/19 of 29 August 1996.
[See
chap. II, sect. A, resolution 1999/80,
and
chap. XIII.]
25. Defamation of religions
The Economic and Social Council, taking note of
Commission on Human Rights resolution 1999/82 of 30 April 1999,
approves the Commission’s recommendation to the United Nations High
Commissioner for Human Rights, in the context of the preparations for the United
Nations Year of Dialogue among Civilizations, to consider the holding of
seminars to promote a dialogue among cultures, thus contributing to the
understanding of the universality of human rights.
[See chap. II, sect. A, resolution 1999/82,
and
chap. VI.]
26. Effects of structural adjustment policies
on the full
enjoyment of human rights
The Economic and Social Council, taking note of
Commission on Human Rights decision 1999/104 of 26 April 1999,
endorses the Commission’s decisions:
(a) To extend for
one year the mandate of the Independent
expert on structural adjustment policies to: (i) assist the Working Group on structural adjustment policies
and economic, social and cultural rights in the fulfilment of its mandate, in
particular by elaborating draft basic policy guidelines on structural
adjustment policies; and (ii) monitor new developments, including actions
and initiatives being taken by international financial institutions, other
United Nations bodies and intergovernmental and non_governmental organizations
with respect to structural adjustment policies and human rights, and to submit
a revised report to the Working Group at its third session;
(b) To authorize
the Working Group to meet for two weeks well in advance of, but at least four
weeks prior to, the fifty_sixth session of the Commission with the mandate
to: (i) consider the updated report of
the independent expert and comments received thereon; (ii) elaborate basic
policy guidelines on structural adjustment programmes and economic, social and
cultural rights which could serve as a basis for a continued dialogue between
human rights bodies and the international financial institutions; and
(iii) report to the Commission at its fifty_sixth session.
[See
chap. II, sect. B, decision 1999/104,
and
chap. X.]
27. Systematic
rape, sexual slavery and slavery-like
practices during armed
conflicts, including
internal
armed conflict
The Economic and Social Council, taking note of
Commission on Human Rights decision 1999/105 of 26 April 1999
and resolution 1998/18 of 21 August 1998 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, endorses the
Commission’s decision to approve the extension of the mandate of
Ms. Gay J. McDougall, as Special Rapporteur on systematic rape,
sexual slavery and slavery_like practices during armed
conflict, including internal armed conflict, for a further
year in order to enable her to submit an update on developments with respect to
her mandate at the fifty_first session of the Sub_Commission.
[See
chap. II, sect. B, decision 1999/105,
and
chap. XII.]
28. The concept and practice of affirmative action
The Economic and Social Council, taking note of
Commission on Human Rights decision 1999/107 of 27 April 1999
and resolution 1998/5 of 20 August 1998 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, endorses the Commission’s
decision to approve the appointment of Mr. Marc Bossuyt as Special
Rapporteur to undertake a study on the concept and practice of affirmative
action as described in
resolution 1998/5, which will pay specific attention to the
recommendations made by the Sub_Commission and the Commission so as to refine
further the focus and methods of the study.
[See
chap. II, sect. B, decision 1999/107,
and
chap. XVI.]
29. Dates of the fifty_sixth session of the
Commission
on Human Rights
The Economic and Social Council, taking note of
Commission on Human Rights decision 1998/112 of 28 April 1999, approves the
Commission’s recommendation, bearing in mind Council decision 1997/291 of
22 July 1997, that the fifty_sixth session of the Commission should
be scheduled to take place from 20 March to 28 April 2000.
[See
chap. II, sect. B, decision 1999/112,
and
chap. III.]
30. Organization of the work of the
fifty_sixth session
of the
Commission on Human Rights
The Economic and Social Council, taking note of
Commission on Human Rights decision 1999/113 of 28 April 1999, authorizes, if
possible from within existing financial resources, thirty fully serviced
additional meetings, including summary records, in accordance with
rules 29 and 31 of the rules of procedure of the functional commissions of
the Economic and Social Council, for the Commission's fifty_sixth session. The Council approves the Commission’s
request to the Chairperson of the fifty_sixth session of the Commission to make
every effort to organize the work of the session within the times normally
allotted, so that the additional meetings that the Council might authorize
would be utilized only if they proved to be absolutely necessary.
[See
chap. II, sect. B, decision 1999/113,
and
chap. III.]
31.
Rationalization of the work of the Commission on Human Rights
The Economic and Social Council, taking note of the
statement agreed on by consensus by the Commission on Human Rights, made by the Chairperson
of the Commission on 28 April 1999, endorses the Commission’s decisions
contained therein:
(a) To establish
an inter-sessional open-ended working group, under the agenda item entitled
“Rationalization of the work of the Commission”, on enhancing the effectiveness
of the mechanisms of the Commission to continue the comprehensive examination
of the report submitted by the Bureau as well as other contributions in this
connection;
(b) To authorize
the working group to meet for a total of up to 15 working days, prior
to the fifty-sixth session of the Commission;
(c) To request the
Chairperson of the working group to present a report to the fifty-sixth session
of the Commission, including recommendations for endorsement by the Commission.
The Council approves the recommendations of the
Commission that:
(a) The Council
include in its resumed organizational session consideration of any proposals
regarding special procedures or mandates adopted at the annual session of the
Commission;
(b) The title of
the Sub-Commission on Prevention of Discrimination and Protection of Minorities
be immediately changed to “Sub-Commission on the Promotion and Protection of
Human Rights”.
[See
chap. XX.]
II. RESOLUTIONS AND DECISIONS ADOPTED BY THE
COMMISSION
AT ITS FIFTY-FIFTH SESSION
A. Resolutions
1999/1. Situation of human rights in Sierra Leone
The Commission on Human Rights,
Having examined the material
relating to the human rights situation in Sierra Leone brought before it under
Economic and Social Council resolution 1503 (XLVIII) of
27 May 1970,
Noting the observations received
from the Government of Sierra Leone,
Recalling Security
Council resolution 1181 (1998) of 13 July 1998, by which it
established the United Nations Observer Mission in Sierra Leone whose
civilian staff would, inter alia, report on violations of international
humanitarian law and human rights in Sierra Leone and, in consultation
with the relevant United Nations agencies, assist the Government of
Sierra Leone in its efforts to address the country's human rights needs,
Alarmed by the reports of the
Secretary_General on the United Nations Observer Mission in Sierra Leone, which
disclose horrifying violations of human rights and international humanitarian
law,
Expressing concern regarding
the continuing human rights abuses committed in Sierra Leone as reported in
various reports submitted to the Commission on Human Rights,
Considering that the
procedure governed by Economic and Social Council resolution 1503 (XLVIII)
does not provide an appropriate forum to address the dramatic circumstances
facing this country,
Acting under paragraph 8 of
Economic and Social Council resolution 1503 (XLVIII),
1. Appeals
to all factions and forces in Sierra Leone to respect human rights and
abide by applicable international humanitarian law;
2. Reminds
all factions and forces in Sierra Leone that in any armed conflict, including
an armed conflict not of an international character, the taking of hostages,
wilful killing and torture or inhuman treatment of persons taking no active
part in the hostilities constitute grave breaches of international humanitarian
law, and that all countries are under the obligation to search for persons
alleged to have committed, or to have ordered to be committed, such grave
breaches and to bring such persons, regardless of their nationality, before
their own courts;
3. Decides
to discontinue consideration of the human rights situation in Sierra Leone
under Economic and Social Council resolution 1503 (XLVIII) and to take up
consideration of the matter under the public procedure provided for by
Commission resolution 8 (XXIII) of 16 March 1967 and Economic
and Social
Council resolution 1235 (XLII) of
6 June 1967, under the agenda item entitled “Question of the
violation of human rights and fundamental freedoms in any part of the world”,
at its fifty_sixth session;
4. Requests
the United Nations High Commissioner for Human Rights to apprise the
Commission at its fifty_sixth session of the reports of the Secretary_General
about violations of human rights and international humanitarian law in
Sierra Leone, including, to the extent possible, references contained in
reports submitted to the Commission on Human Rights;
5. Decides
that the present decision, adopted at the Commission's 16th meeting, on
6 April 1999, be made public as resolution 1999/1 of
the Commission's fifty_fifth session.
16th
meeting
6
April 1999
[Adopted
without a vote. See chap. IX.]
1999/2. Situation of human rights in Kosovo
The Commission on Human Rights,
Guided by the purposes and
principles of the Charter of the United Nations, the Universal Declaration
of Human Rights, the international covenants and conventions on human rights,
the Convention relating to the Status of Refugees, the Geneva Conventions of
12 August 1949 and the Additional Protocols thereto of 1977, as well as
other instruments of international humanitarian law,
Expressing deep concern at the
continued campaign of repression and the gross and systematic violations of the
human rights of the Kosovars following the revocation of autonomy by the
Serbian authorities,
Strongly condemning the policy
of ethnic cleansing against the Kosovars being perpetrated by the Belgrade and
Serbian authorities,
Condemning also the massive
military operations launched by the Serbian authorities against the unarmed
civilians in Kosovo, resulting in large_scale killings, systematic and planned
massacres, destruction of homes and property, and forced mass exoduses to
neighbouring countries, as well as internal displacement,
Alarmed by the reports of recent
enforced and involuntary disappearances of large numbers of Kosovars, as well
as by reports of detention and execution of several members of the Kosovar
political leadership,
Recognizing that the
people of Kosovo must be allowed to determine freely their own future as envisaged
in the provisions of the Rambouillet agreement,
1. Condemns
strongly the widespread and systematic practice of ethnic cleansing
perpetrated by the Belgrade and Serbian authorities against the Kosovars, and
the risk of destabilization of neighbouring countries;
2. Demands
an immediate halt to all repressive actions undertaken in Kosovo by the Serbian
authorities which have led to further ethnic cleansing in the region, massive
criminal violations of international human rights and humanitarian law
inflicted against the Kosovars, including summary executions, mass forced
exoduses, destruction of personal identity documents, records, homes and
property, as well as their agricultural capacity, with the aim of preventing
their return, and also demands the immediate and complete withdrawal of the
Belgrade army and the Serbian military and paramilitary forces from Kosovo;
3. Calls upon
the international community and the International Criminal Tribunal for the
former Yugoslavia to bring to justice the perpetrators of international war
crimes and crimes against humanity, in particular those responsible for acts of
ethnic cleansing and identity elimination in Kosovo;
4. Demands
that the Serbian authorities immediately sign and implement all aspects of the
Rambouillet agreement;
5. Welcomes
the decision of the United Nations High Commissioner for Human Rights, in view
of the gravity of the situation, to dispatch human rights monitors immediately
to the region to assess the human rights and humanitarian crisis caused by the
Serbian policy and practice of ethnic cleansing and to ensure compliance with
international human rights and international humanitarian law;
6. Appeals
to the international community, including the United Nations High
Commissioner for Refugees, to extend urgently humanitarian assistance to
refugees from Kosovo and the internally displaced, and in this context commends
the efforts being made by the High Commissioner;
7. Underscores
the right of all refugees and internally displaced persons to return to their
homes in safety and honour;
8. Requests
the United Nations High Commissioner for Human Rights to report to the
Commission urgently on the situation of human rights and the humanitarian
crisis relating to Kosovo and on the implementation of the provisions of the
present resolution.
30th
meeting
13
April 1999
[Adopted
by a roll_call vote of 44 votes to 1,
with
6 abstentions. See chap. IX.]
1999/3. The
use of mercenaries as a means of violating
human rights
and impeding the exercise of the
right of
peoples to self_determination
The Commission on Human Rights,
Noting General Assembly resolution
53/135 of 9 December 1998 and recalling its own resolution 1998/6 of 27 March
1998,
Recalling all of its
relevant resolutions, in which, inter alia, it condemned any State
that permitted or tolerated the recruitment, financing, training, assembly,
transit and use of mercenaries with the objective of overthrowing the
Governments of States Members of the United Nations, especially those of
developing countries, or of fighting against national liberation movements, and
recalling also the relevant resolutions of the General Assembly, the
Security Council, the Economic and Social Council and the Organization of
African Unity,
Reaffirming the purposes
and principles enshrined in the Charter of the United Nations concerning
the strict observance of the principles of sovereign equality, political
independence, territorial integrity of States, self_determination of peoples,
the non_use of force or threat of use of force in international relations and
non_interference in affairs within the domestic jurisdiction of States,
Reaffirming also that by
virtue of the principle of self_determination, as developed in the Declaration
on Principles of International Law concerning Friendly Relations among States
in accordance with the Charter of the United Nations, all peoples have the
right to determine freely, without external interference, their political
status and to pursue their economic, social and cultural development, and that
every State has the duty to respect this right in accordance with the
provisions of the Charter,
Recognizing that
mercenary activities are continuing to increase in many parts of the world and
are taking on new forms, permitting mercenaries to operate in a better
organized way, with increased pay, and that their numbers have grown and more
persons are prepared to become mercenaries,
Alarmed and concerned about the
danger which the activities of mercenaries constitute to peace and security in developing
countries, particularly in Africa and in small States,
Deeply concerned about the
loss of life, the substantial damage to property and the negative effects on
the policy and economies of affected countries resulting from mercenary
international criminal activities,
Convinced that,
notwithstanding the way in which mercenaries or mercenary_related activities
are used or the form they take to acquire some semblance of legitimacy, they
are a threat to peace, security and the self_determination of peoples and an
obstacle to the enjoyment of human rights by peoples,
1. Takes note
of the report of the Special Rapporteur on the use of mercenaries as a means of
violating human rights and impeding the exercise of the right of peoples to
self_determination (E/CN.4/1999/11);
2. Reaffirms
that the use of mercenaries and their recruitment, financing and training are
causes for grave concern to all States and violate the purposes and principles
enshrined in the Charter of the United Nations;
3. Recognizes
that armed conflicts, terrorism, arms trafficking and covert operations by
third Powers, inter alia, encourage the demand for mercenaries on
the global market;
4. Urges
all States to take the necessary steps and to exercise the utmost vigilance
against the menace posed by the activities of mercenaries and to take
legislative measures to ensure that their territories and other territories
under their control, as well as their nationals, are not used for the
recruitment, assembly, financing, training and transit of mercenaries for the
planning of activities designed to impede the right to self_determination, to
overthrow the Government of any State, or dismember or impair, totally or in
part, the territorial integrity or political unity of sovereign and independent
States conducting themselves in compliance with the right to self_determination
of peoples;
5. Calls upon
all States that have not yet done so to consider taking the necessary action to
sign or ratify the International Convention against the Recruitment, Use, Financing
and Training of Mercenaries;
6. Welcomes
the cooperation extended by those countries that have invited the Special
Rapporteur on the use of mercenaries as a means of violating human rights and
impeding the exercise of the right of peoples to self_determination;
7. Also
welcomes the adoption by some States of national legislation that restricts
the recruitment, assembly, financing, training and transit of mercenaries;
8. Requests
the Secretary_General to provide the Special Rapporteur with all the necessary
assistance;
9. Urges
all States to cooperate fully with the Special Rapporteur in the fulfilment of
his mandate;
10. Requests
the Office of the United Nations High Commissioner for Human Rights, as a
matter of priority, to publicize the adverse effects of mercenary activities on
the right of peoples to self_determination and, when requested and where
necessary, to render advisory services to States that are affected by the
activities of mercenaries;
11. Requests
the Secretary_General to invite Governments to make proposals towards a clearer
legal definition of mercenaries, and in this regard, requests the High
Commissioner for Human Rights to convene expert meetings, as requested in
General Assembly resolutions in the past, to study and update the
international legislation in force and to put forward recommendations for a
clearer legal definition of mercenaries that would make for more efficient
prevention and punishment of mercenary activities;
12. Requests
the Special Rapporteur to report, with specific recommendations, his findings
on the use of mercenaries to undermine the right to self_determination to the
Commission at its fifty_sixth session;
13. Decides
to consider at its fifty_sixth session the question of the use of mercenaries
as a means of violating human rights and impeding the
exercise of the right of peoples to self_determination
under the agenda item entitled “The right of peoples to self_determination and
its application to
peoples under colonial or alien domination or foreign
occupation”.
50th
meeting
23
April 1999
[Adopted
by a roll_call vote of 35 votes to 12,
with
6 abstentions. See chap. V.]
1999/4. Question of Western Sahara
The Commission on Human Rights,
Having considered in depth the
question of Western Sahara,
Reaffirming the
inalienable right of all peoples to self_determination and independence, in
accordance with the principles set forth in the Charter of the United Nations
and in General Assembly resolution 1514 (XV) of 14 December 1960,
containing the Declaration on the Granting of Independence to Colonial
Countries and Peoples,
Recalling General
Assembly resolution 52/75 of 10 December 1997,
Recalling also the agreement
in principle given on 30 August 1988 by the Kingdom of Morocco and
the Frente Popular para la Liberación de Saguia el_Hamra y de Río de Oro to the
proposals of the Secretary_General of the United Nations and the Chairman
of the Assembly of Heads of State and Government of the Organization of African
Unity in the context of their joint mission of good offices,
Recalling further Security
Council resolutions 658 (1990) of 27 June 1990 and 690 (1991) of 29
April 1991, by which the Council approved the settlement plan for Western
Sahara,
Recalling all the
Security Council, General Assembly and Commission on Human Rights resolutions
relating to the question of Western Sahara,
Reaffirming the
responsibility of the United Nations towards the people of Western Sahara,
as provided for in the settlement plan,
Noting with satisfaction the entry
into force of the ceasefire in accordance with the proposal of the
Secretary_General, and stressing the importance it attaches to the maintenance
of the ceasefire as an integral part of the settlement plan,
Also noting with satisfaction the
agreements reached by the two parties during their private direct talks aimed
at the implementation of the settlement plan, and stressing the importance it
attaches to a full, fair and faithful implementation of the settlement plan and
the agreements aimed at its implementation,
Further noting with satisfaction the
progress made in the implementation of the settlement plan since
December 1997,
Recalling that the
General Assembly has examined the relevant chapter of the report of the
Special Committee on the Situation with regard to the Implementation of the
Declaration on the Granting of Independence to Colonial Countries and Peoples
(A/52/23 [Part V], chap. IX), as well as the report of the
Secretary_General (A/53/368),
1. Takes note
of the report of the Secretary_General;
2. Again notes
with satisfaction the agreements reached between the Kingdom of Morocco and
the Frente Popular para la Liberación de Saguia el_Hamra y de Rio de Oro for
the implementation of the settlement plan during their private direct talks
under the auspices of Mr. James Baker III, the Personal Envoy of
the Secretary_General, and urges the parties to implement those agreements
fully and in good faith;
3. Commends
the Secretary_General and his Personal Envoy for their efforts in reaching
these agreements, as well as the two parties for the cooperation they have
shown, and urges them to continue this cooperation in order to facilitate the
speedy implementation of the settlement plan;
4. Urges
the two parties to continue their cooperation with the Secretary_General and
his Personal Envoy, as well as with his Special Representative, and to
refrain from undertaking anything that would undermine the implementation of
the settlement plan and the agreements reached for its implementation;
5. Notes with
satisfaction the progress achieved in connection with the implementation of
the settlement plan, and in this respect calls upon the two parties to
cooperate fully with the Secretary_General, his Personal Envoy and his
Special Representative in implementing the various phases of the settlement
plan;
6. Reaffirms
the responsibility of the United Nations towards the people of
Western Sahara, as provided for in the settlement plan;
7. Reiterates
its support for further efforts of the Secretary_General for the
organization and the supervision by the United Nations, in cooperation
with the Organization of African Unity, of a referendum for self_determination
of the people of Western Sahara that is impartial and free of all
constraints, in conformity with Security Council resolutions 658 (1990)
and 690 (1991), by which the Council approved the settlement plan for
Western Sahara;
8. Takes note
of Security Council resolutions 1131 (1997) of 29 September 1997
and 1198 (1998) of 18 September 1998;
9. Notes
that the General Assembly has requested the Special Committee on the
Situation with regard to the Implementation of the Declaration on the Granting
of Independence to Colonial Countries and Peoples to continue to consider the
situation in Western Sahara, bearing in mind the positive ongoing implementation
of the settlement plan, and to report thereon to the Assembly at its
fifty_fourth session;
10. Also notes
that the General Assembly has invited the Secretary_General to submit to
it, at its fifty_fourth session a report on the
implementation of the present resolution.
50th
meeting
23
April 1999
[Adopted
without a vote. See chap. V.]
1999/5. Question of the violation of human rights
in the
occupied
Arab territories, including Palestine
The Commission on Human Rights,
Guided by the purposes and
principles of the Charter of the United Nations, as well as by the
provisions of the Universal Declaration of Human Rights,
Guided also by the
provisions of the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights,
Taking into consideration the
provisions of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949, and the provisions of
Additional Protocol I thereto, and the Hague Convention IV of 1907,
Recalling the
resolutions of the Security Council, the General Assembly and the Commission on
Human Rights related to the applicability of the Geneva
Convention relative to the Protection of Civilian Persons
in Time of War to the Occupied Palestinian Territory, including East Jerusalem,
and other occupied Arab territories,
Recalling also the General
Assembly resolutions on Israeli violations of human rights in the Occupied
Palestinian Territory, including East Jerusalem, occupied since 1967,
Recalling further General
Assembly resolutions ES_10/3, ES_10/4, ES_10/5 and ES_10/6, in which the
Assembly reiterated its recommendation that the High Contracting Parties
to the Geneva Convention relative to the Protection of Civilian Persons in Time
of War convene a conference on measures to enforce the Convention in the
Occupied Palestinian Territory, including East Jerusalem, and to ensure
its respect in accordance with the provisions of common article 1 of the
four Geneva Conventions,
Recalling the
provisions of the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights in June 1993 (A/CONF.157/23),
Taking note of the
report (E/CN.4/1999/24) of the Special Rapporteur, Mr. Hannu Halinen,
regarding his mission undertaken in accordance with Commission
resolution 1993/2 A of 19 February 1993,
Taking note also of the
reports of the Special Committee to Investigate Israeli Practices Affecting the
Human Rights of the Palestinian People and Other Arabs of the Occupied
Territories submitted to the General Assembly since 1968, including the latest
(A/53/136 and Add.1),
Noting with great concern the
continued Israeli refusal to abide by the resolutions of the Security Council,
the General Assembly and the Commission on Human Rights calling upon Israel to
put an end to the violations of human rights and affirming the applicability of
the Geneva Convention relative to the Protection of Civilian Persons in Time of
War to the Occupied Palestinian Territory, including East Jerusalem, and other
Arab territories occupied by Israel since 1967,
Gravely concerned at the
stagnation of the peace process because of the contempt of the Government of
Israel for the principles on which that process was based, and its refusal to
carry out its commitments in line with the agreements it signed with the
Palestine Liberation Organization in Washington, Cairo, Hebron and Wye River,
Recalling all its
previous resolutions on the subject, including the latest, resolution 1998/1 of
27 March 1998,
1. Condemns
the continued violations of human rights in the Occupied Palestinian Territory,
including East Jerusalem, in particular the continuation of acts of wounding
and killing perpetrated by Israeli soldiers and settlers against Palestinians,
in addition to the detention of thousands of Palestinians without trial, the
continuation of the confiscation of Palestinian lands, the extension and the
establishment of Israeli settlements thereon, the confiscation of Palestinian
property and expropriation of their land, the demolition of Palestinian homes
and the uprooting of fruit trees, and calls upon Israel to cease these acts
immediately since they constitute grave violations of human rights and of the
principles of international law and they also constitute a major obstacle in
the way of the peace process;
2. Also
condemns the expropriation of Palestinian homes in Al_Amoud district in
Jerusalem, the revocation of identity cards of the citizens of the Palestinian
city of Jerusalem and forcing them to live outside their homes with the aim of
the Judaization of Jerusalem, and calls upon the Government of Israel to put an
end immediately to these practices;
3. Further
condemns the use of torture against Palestinians during interrogation,
which the Israeli High Court of Justice had legitimized, and calls upon the
Government of Israel to refrain immediately from the current interrogation
practices and to work on abolishing the above_mentioned legitimization;
4. Reaffirms that all the Israeli
settlements in the Palestinian territory occupied since 1967, including
East Jerusalem, are illegal, constitute a flagrant violation of the
provisions of the fourth Geneva Convention of 1949 and of the principles of
international law, and should be dismantled in order to achieve a just,
permanent and comprehensive peace in the region of the Middle East;
5. Also
reaffirms that the Geneva Convention relative to the Protection of Civilian
Persons in Time of War is applicable to the Palestinian territory and other
Arab territories occupied by Israel since 1967, including East Jerusalem, and
considers any change in the geographical and demographic status of the city of
East Jerusalem from its situation prior to the June 1967 war to be illegal and
void;
6. Further
reaffirms the great importance of the convening of a conference by the High
Contracting Parties to the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, in accordance with General Assembly
resolutions ES_10/3, ES_10/4, ES_10/5 and ES_10/6;
7. Calls
upon Israel to cease immediately its policy of enforcing collective
punishments, such as demolition of houses and closure of the Palestinian
territory, measures which constitute flagrant violations of international law
and international humanitarian law, endanger the lives of Palestinians and also
constitute a major obstacle in the way of peace;
8. Calls
once more upon Israel, the occupying Power, to desist from all forms of
violation of human rights in the Occupied Palestinian Territory, including East
Jerusalem, and other occupied Arab territories, and to respect the bases of
international law, the principles of international humanitarian law, its
international commitments and the agreements it signed with the Palestine
Liberation Organization;
9. Also
calls upon Israel to withdraw from the Palestinian territory, including
East Jerusalem, and the other Arab territories occupied since 1967, in
accordance with the relevant resolutions of the United Nations and the
Commission on Human Rights;
10. Requests
the Secretary_General to bring the present resolution to the attention of the
Government of Israel and all other Governments, the competent United Nations
organs, the specialized agencies, regional intergovernmental organizations and
international humanitarian organizations, to disseminate it on the widest
possible scale and to report on its implementation by the Government of Israel
to the Commission on Human Rights at its fifty_sixth session;
11. Also
requests the Secretary_General to provide the Commission on Human Rights
with all United Nations reports issued between sessions of the Commission that
deal with the conditions in which the citizens of the Palestinian and other
occupied Arab territories are living under the Israeli occupation;
12. Decides
to consider this question at its fifty_sixth session under
the same agenda item, as a matter of high priority.
50th
meeting
23
April 1999
[Adopted
by a roll_call vote of 31 votes to 1,
with
21 abstentions. See chap. VIII.]
1999/6. Human rights in the occupied Syrian Golan
The Commission on Human Rights,
Deeply concerned at the
suffering of the Syrian citizens in the occupied Syrian Golan due to the
violation of their fundamental and human rights since the Israeli military
occupation of 1967,
Recalling Security
Council resolution 497 (1981) of 17 December 1981,
Recalling also all relevant
General Assembly resolutions, including the latest, resolution 53/57 of 3
December 1998 in which the Assembly, inter alia, called upon Israel to
comply with Security Council resolution 497 (1981), to put an end to its
practices violating the rights of the Syrian citizens in the occupied Syrian
Golan and to put an end to its occupation of the occupied Syrian Golan,
Reaffirming once more the
illegality of Israel's decision of 14 December 1981 to impose its
laws, jurisdiction and administration on the occupied Syrian Golan, which has
resulted in the effective annexation of that territory,
Reaffirming the
principle of non_acquisition of territory by force in accordance with the
Charter of the United Nations and the principles of international law,
Taking note with deep concern of
the report of the Special Committee to Investigate Israeli Practices Affecting
the Human Rights of the Palestinian People and Other Arabs of the Occupied
Territories (A/53/136/Add.1) and, in this connection, deploring the Israeli
settlement in the occupied Arab territories and regretting Israel's constant
refusal to cooperate with and to receive the Special Committee,
Guided by the relevant provisions of
the Charter of the United Nations, international law and the Universal
Declaration of Human Rights, and reaffirming the applicability of the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of 12
August 1949, and the relevant provisions of the Hague Conventions of 1899 and
1907 to the occupied Syrian Golan,
Reaffirming the
importance of the peace process which started in Madrid on the basis of
Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of
22 October 1973 and 425 (1978) of 19 March 1978 and the principle of land for
peace, which aims at the establishment of a just and comprehensive peace in the
Middle East,
Expressing its concern about the
stoppage of the peace process on the Syrian and Lebanese tracks, and hoping
that the commitments and guarantees reached during the previous talks will be
respected in order that the talks may resume as soon as possible on both
tracks,
Reaffirming its previous
relevant resolutions, the most recent being resolution 1998/2 of 27 March 1998,
1. Calls
upon Israel, the occupying Power, to comply with the relevant resolutions
of the General Assembly and of the Security Council, particularly resolution
497 (1981), in which the Council, inter alia, decided that the Israeli
decision to impose its laws, jurisdiction and administration on the occupied
Syrian Golan is null and void and without international legal effect, and
demanded that Israel should rescind forthwith its decision;
2. Also
calls upon Israel to desist from changing the physical character,
demographic composition, institutional structure and legal status of the
occupied Syrian Golan, and emphasizes that the displaced persons of the
population of the occupied Syrian Golan must be allowed to return to their
homes and to recover their properties;
3. Further
calls upon Israel to desist from imposing Israeli citizenship and Israeli
identity cards on the Syrian citizens in the occupied Syrian Golan and to
desist from its repressive measures against them, and from all other practices
mentioned in the report of the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian People and Other Arabs
of the Occupied Territories;
4. Determines
that all legislative and administrative measures and actions taken or to be
taken by Israel, the occupying Power, that purport to alter the character and
legal status of the occupied Syrian Golan are null and void, constitute a
flagrant violation of international law and of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War and have no legal
effect;
5. Calls
once again upon Member States not to recognize any of the legislative or
administrative measures and actions referred to in the present resolution;
6. Requests
the Secretary General to bring the present resolution to the attention of all
Governments, the competent United Nations organs, the specialized agencies,
regional intergovernmental organizations and international humanitarian
organizations and to give it the widest possible publicity, and to report to
the Commission on Human Rights at its fifty_sixth session;
7. Decides
to include in the provisional agenda of its fifty_sixth session, as a
matter of high priority, the item entitled “Question of the violation of human
rights in the occupied Arab territories, including
Palestine”.
50th
meeting
23
April 1999
[Adopted
by a roll_call vote of 32 votes to 1,
with
20 abstentions. See chap. VIII.]
1999/7. Israeli settlements in the occupied Arab
territories
The Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights and fundamental
freedoms as stated in the Charter of the United Nations and as elaborated in
the Universal Declaration of Human Rights, the International Covenants on Human
Rights and other applicable instruments,
Mindful that Israel is a party to the
Geneva Convention relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949, which is applicable to Palestinian and all Arab
territories occupied by Israel since 1967, including East Jerusalem,
Recalling its previous
resolutions, most recently resolution 1998/3 of 27 March 1998, in which, inter
alia, it reaffirmed the illegality of the Israeli settlements in the
occupied territories,
1. Welcomes:
(a) The
Wye River Memorandum of 23 October 1998 and calls for the
full implementation of the Memorandum, as well as of the
Israeli_Palestinian Interim Agreement on the West Bank and the Gaza Strip of 28
September 1995 and other related agreements;
(b) The
report of the Special Rapporteur on the situation of human rights in the
Palestinian territories occupied since 1967 (E/CN.4/1999/24) and expresses its
regret at the lack of cooperation on the part of the Government of Israel with
the Special Rapporteur;
2. Expresses
its grave concern:
(a) At the
Israeli settlement activities and their increase since the signing of the
Wye River Memorandum, including the expansion of the settlements, the
installation of settlers in the occupied territories, the expropriation of
land, the demolition of houses, the confiscation of property, the expulsion of
local residents and the construction of bypass roads, which change the physical
character and demographic composition of the occupied territories, including
East Jerusalem and, since they are illegal, constitute a violation of the
Geneva Convention relative to the Protection of Civilian Persons in Time of War
and are a major obstacle to peace;
(b) At and
strongly condemns all acts of terrorism, whilst calling upon all parties not to
allow any acts of terrorism to affect the ongoing peace process negatively;
3. Urges
the Government of Israel:
(a) To
comply fully with the previous Commission resolutions on the subject, most
recently resolution 1998/3 of 27 March 1998;
(b) To
match its stated commitment to the peace process with concrete actions to
fulfil its obligations and cease completely its policy of expanding the
settlements and related activities in the occupied territories, including East
Jerusalem;
(c) To
forgo and prevent any new installation of settlers in the occupied territories;
4. Decides
to continue its consideration of this question at its
fifty_sixth session.
50th
meeting
23
April 1999
[Adopted
by a roll_call vote of 50 votes to 1,
with
2 abstentions. See chap. VIII.]
1999/8. Human rights in Cuba
The Commission on Human Rights,
Reaffirming the
obligation of all Member States to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations and in
the Universal Declaration of Human Rights,
Mindful that Cuba is a party to the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the Convention on the Rights
of the Child,
Reasserting the Commission's
obligation to promote and protect human rights on the basis of the universal
nature of the Declaration, in all countries of the world, independently from
other bilateral or regional issues affecting the country in question,
Expressing its concern at the
continued violation of human rights and fundamental freedoms in Cuba, such as
freedom of expression, association and assembly and rights associated with the
administration of justice, despite the expectations raised by some positive
steps taken by the Government of Cuba in the past few years,
Considering the urgent
need to adopt the necessary measures to ensure full respect for human rights in
Cuba and to contribute to developing a more pluralistic society and a more
efficient economy, and considering also the willingness of the international
community to assist therein,
1. Welcomes
the fact that the Government of Cuba has taken the first steps towards the
opening of society for religious institutions, and expects that Cuban citizens
will be granted the right to freedom of religion and belief;
2. Encourages
the Government of Cuba to continue to allow thematic special rapporteurs to
visit Cuba;
3. Expresses
the hope that positive steps will be taken with regard to all human rights
and fundamental freedoms;
4. Expresses
its concern about the adoption of the Law for the Protection of the
National Independence and Economy of Cuba, and regrets the other steps taken by
the Government of Cuba which are inconsistent with the Universal Declaration of
Human Rights and other relevant human rights instruments;
5. Calls
upon the Government of Cuba to ensure respect for human rights and
fundamental freedoms, including freedom of religion, and to provide the
appropriate framework to guarantee the rule of law through democratic
institutions and the independence of the judicial system;
6. Reiterates
its concern about the continued repression of members of the political
opposition and about the detention of dissidents, most recently of the four
members of the Grupo de Trabajo de la Disidencia Interna, and calls upon the
Government of Cuba to release all the persons detained or imprisoned for
peacefully expressing their political, religious and social views and for
exercising their rights to full and equal participation in public affairs;
7. Calls
upon the Government of Cuba to consider acceding to human rights
instruments to which it is not yet a party, in particular the International
Covenant on Economic, Social and Cultural Rights and the International Covenant
on Civil and Political Rights;
8. Invites
the Government of Cuba to afford the country full and open contact with the
democratic world, in order to ensure the enjoyment of all human rights for all
Cuban people by utilizing international cooperation, by allowing a freer flow
of people and ideas and by drawing on the experience and support of other
nations;
9. Calls
upon the Government of Cuba also to cooperate with other mechanisms of the
Commission;
10. Recommends
that the Government of Cuba take advantage of the technical cooperation
programmes available to Governments under the auspices of the Office of the
United Nations High Commissioner for Human Rights, designed to broaden the
scope and to speed up reforms in the field of human rights and fundamental
freedoms;
11. Decides
to consider this matter at its fifty_sixth session under
the same agenda item.
50th
meeting
23
April 1999
[Adopted
by a roll_call vote of 21 votes to 20,
with
12 abstentions. See chap. IX.]
1999/9. Situation of human rights in Afghanistan
The Commission on Human Rights,
Guided by the Charter of the
United Nations, the Universal Declaration of Human Rights, the
International Covenants on Human Rights and accepted humanitarian rules, as set
out in the Geneva Conventions of 12 August 1949 and the Additional Protocols
thereto of 1977,
Reaffirming that all
Member States have an obligation to promote and protect human rights and
fundamental freedoms and to fulfil the obligations they have freely undertaken
under the various international instruments,
Recalling that
Afghanistan is a party to the Convention on the Prevention and Punishment of
the Crime of Genocide, the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Rights of the Child and the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, and that it has
signed the Convention on the Elimination of All Forms of Discrimination against
Women,
Recalling also its previous
resolutions, the most recent being resolution 1998/70, the relevant
General Assembly resolutions, as well
as the relevant resolutions and presidential statements
of the Security Council, decisions of the Economic and Social Council and
resolutions of the Commission on the Status of Women,
Concerned that armed
confrontation persists in Afghanistan and by the ethnic nature of the conflict,
Deeply concerned about the
severe situation of women and girls in Afghanistan, in particular in all areas
under the control of the Taliban movement, as documented by the continued and
substantiated reports of grave violations of the human rights of women and
girls, including all forms of discrimination against them, such as the denial
of access to health care, to all levels and types of education, to employment
outside the home and, in repeated instances, to humanitarian aid, as well as
restrictions upon their freedom of movement,
Taking note with appreciation of
the agreement between the Taliban and the United Nations signed on 23
October 1998 on the security of United Nations personnel in Afghanistan
and calling for its full implementation,
Recalling that the
United Nations continues to play its central and impartial role in
international efforts towards a peaceful resolution of the Afghan conflict, and
encouraging all efforts at the national, regional and international levels
aimed at finding a solution to the continuing conflict through a broad_based
dialogue involving all concerned actors,
Taking into account the report
of the Special Adviser to the Secretary_General on Gender Issues and
Advancement of Women on her visit to Afghanistan in November 1997,
Expressing deep concern at the lack
of reconstruction in Afghanistan,
1. Takes
note with appreciation of the report of the Special Rapporteur on the
situation of human rights in Afghanistan and of the observations contained in
it (E/CN.4/1999/40);
2. Strongly
condemns the mass killings and systematic human rights violations against
civilians and prisoners of war;
3. Expresses
its gravest concern at numerous reports of mass killings in the area of
Mazar_i_Sharif and Bamian by the Taliban;
4. Notes
with deep concern:
(a) The
continuing pattern of human rights violations in Afghanistan;
(b) The
persisting armed hostilities in Afghanistan and the complex nature of the
conflict, including ethnic, religious and political aspects, which have
resulted in extensive human suffering, forced displacement, including on the
grounds of ethnicity, and which hinder the return of the internally displaced
to their homes;
(c) The
continued displacement of millions of Afghan refugees in Pakistan and the
Islamic Republic of Iran as well as in other countries;
5. Condemns:
(a) The
widespread violations and abuses of human rights and humanitarian law,
including the rights to life, liberty and security of person, freedom from
torture and from other forms of cruel, inhuman or degrading treatment or
punishment, freedom of opinion, expression, religion, association and movement;
(b) The
continuing grave violations of the human rights of women and girls, including
all forms of discrimination against them, in all areas of Afghanistan, particularly
in areas under the control of the Taliban;
(c) The
frequent practice of arbitrary arrest and detention and of summary trials,
which have resulted in summary executions, throughout the country;
6. Also
condemns the killing of Iranian diplomats and the correspondent of the
Islamic Republic of Iran News Agency by Taliban combatants, as well as the
attacks on and the killing of United Nations personnel in Taliban_held
territories of Afghanistan, and calls upon the Taliban to fulfil their stated commitment
to cooperate in urgent investigations of these heinous crimes, with a view to
bringing those responsible to justice;
7. Stresses
the extensive need for rehabilitation and reconstruction as well as the
necessity for national reconciliation and establishment of the rule of law,
good governance and democracy in Afghanistan;
8. Urges
all States to respect the sovereignty, independence, territorial integrity and
national unity of Afghanistan and to refrain from
interfering in its internal affairs, and to end
immediately the supply of arms, ammunition, military equipment, training or any
other military support, including providing any foreign military personnel, to
all parties to the conflict;
9. Urges
all the Afghan parties:
(a) To cease
hostilities immediately and to work and cooperate fully with the Special Envoy
of the Secretary_General and the United Nations Special Mission to
Afghanistan with a view to achieving a ceasefire, thus laying the foundation
for a comprehensive political solution leading to the voluntary return of
displaced persons to their homes in safety and dignity, the establishment of a
broad_based fully representative government and the full exercise of the right
of self_determination of the people of Afghanistan;
(b) To
reaffirm publicly their commitment to international human rights and principles
and to recognize, protect and promote all human rights and fundamental
freedoms;
(c) To
protect civilians, to halt the use of weapons against the civilian population,
to stop the laying of landmines, especially anti_personnel mines, and to
prohibit conscripting or enlisting children or using them to participate in
hostilities, in violation of international law, and ensure their reintegration
into society;
(d) To
provide efficient and effective remedies to the victims of grave violations and
abuses of human rights and of accepted humanitarian rules and to bring the
perpetrators to trial;
(e) To
fulfil their obligations and commitments regarding the safety of all personnel
of diplomatic missions, the United Nations and other international
organizations, as well as of their premises in Afghanistan, and to cooperate,
fully and without discrimination on grounds of gender, nationality or religion,
with the United Nations and associated bodies, as well as with other
humanitarian organizations, agencies and non_governmental organizations, in
order to facilitate full resumption of their cooperation;
(f) To
provide the International Committee of the Red Cross access to all prisoners;
(g) To
treat all suspects and convicted or detained persons in accordance with
relevant international instruments and to refrain from arbitrary detention,
including of civilian foreign nationals, and urges their captors to release
them, as well as non_criminal civilian prisoners;
10. Urges
all the Afghan parties, and in particular the Taliban, to bring to an end
without delay all violations of human rights of women and girls and to take
urgent measures to ensure:
(a) The
repeal of all legislative and other measures which
discriminate against women;
(b) The
effective participation of women in civil, cultural, economic, political and
social life throughout the country;
(c) Respect
for the right of women to work, and reintegration in their employment;
(d) The
right of women and girls to education without discrimination, the reopening of
schools and the admission of women and girls to all levels of education;
(e) Respect
for women's right to security of person, and to ensure that those responsible
for physical attacks on women are brought to justice;
(f) Respect
for women's freedom of movement and effective and equal access to facilities
necessary to protect their right to the highest attainable standard of physical
and mental health;
11. Invites:
(a) The
Secretary_General to implement promptly security conditions permitting the
decision to investigate fully reports of mass killings of prisoners of war and
civilians, rape and other cruel treatment in Afghanistan, and calls upon the
United Front and the Taliban to fulfil their stated commitment with respect to
such investigations;
(b) The
Secretary_General to ensure that the deployment of the civilian affairs
observers in Afghanistan takes place as soon as possible, security conditions
permitting, and that gender issues are fully incorporated into their mission;
(c) The
Secretary_General to exert efforts to ensure a gender perspective in the
selection of the staff of the United Nations Special Mission to
Afghanistan, in order to enhance the role of women in preventive diplomacy,
peacemaking and peacekeeping;
(d) The
Special Rapporteur to continue to pay attention to the human rights of women
and children and to apply a gender perspective in a similar manner in his
report to the Commission at its fifty_sixth session;
(e) The
United Nations to offer, once national reconciliation is achieved and upon
request of the governmental authorities, advisory services and technical
assistance concerning, inter alia, the drafting of a constitution,
which should embody internationally accepted human rights principles and
provide for the holding of direct elections;
12. Appeals
to Member States and to the international community:
(a) To
provide, on a non_discriminatory basis, humanitarian assistance to the people
of Afghanistan and to the Afghan refugees in the neighbouring countries;
(b) To
intensify the programme for the removal of millions of anti_personnel landmines
laid in Afghanistan;
(c) To
ensure that all United Nations_assisted programmes in Afghanistan are
formulated and coordinated in such a way as to promote and ensure the
participation of women in those programmes, and that women benefit equally with
men from such programmes;
(d) To
implement the recommendations of the inter_agency gender mission in Afghanistan
under the leadership of the Special Adviser to the Secretary_General on Gender
Issues and Advancement of Women;
(e) To
take urgent measures to prevent the demolition and the looting of cultural
artefacts and ensure that artefacts that have been illegally removed are
returned to Afghanistan;
13. Requests:
(a) The
Afghan parties to extend their full cooperation to the Special Rapporteur and
to facilitate his access to all sectors of society and to all parts of the
country;
(b) The
Secretary_General to give all necessary assistance to the Special Rapporteur
and to give due consideration to his recommendations in the formulation of
United Nations activities in Afghanistan;
(c) The
United Nations High Commissioner for Human Rights to ensure a human rights
presence in the context of the United Nations activities in Afghanistan in
order to provide advice and training in the field of human rights to all the
Afghan parties, as well as to the intergovernmental and non_governmental organizations
active in the field;
14. Decides:
(a) To
extend the mandate of the Special Rapporteur for one year, and requests the
Special Rapporteur to report on the situation of human rights in Afghanistan to
the General Assembly at its fifty_fourth session and to the Commission on
Human Rights at its fifty_sixth session;
(b) To
continue its consideration of the situation of human rights in Afghanistan, as
a matter of high priority, at its fifty_sixth session under
the same agenda item.
50th
meeting
23
April 1999
[Adopted
without a vote. See chap. IX.]
1999/10. Situation of human rights in Burundi
The Commission on Human Rights,
Mindful of the Charter of the United
Nations, the Universal Declaration of Human Rights and the international
covenants on human rights,
Reaffirming its
commitment to respect for the principles of the rule of law, which involve
democracy, pluralism and respect for human rights and fundamental freedoms,
Stressing that all
States have the duty to promote and protect human rights and to fulfil their
obligations under the various instruments to which they are parties,
Considering Security
Council resolution 1072 (1996) of 30 August 1996,
Recalling its
resolution 1998/82 of 24 April 1998,
Recalling also that the
primary responsibility for peace lies with the Government and people of
Burundi,
Acknowledging the efforts
made by the United Nations, the Organization of African Unity and the
European Union aimed at contributing to a peaceful settlement of the Burundian
crisis,
Acclaiming the decision
of the Government of Burundi to launch a comprehensive peace process and
initiate nationwide political negotiations open to all parties, and the
progress made in negotiations among the political forces, including the
signature of a political compact as part of the internal peace process,
Taking into account the efforts
made so far by the Burundian Government and other parties to the Arusha talks
to bring about lasting peace,
Considering that
effective action to prevent further violations of human rights and fundamental
freedoms is essential to the stability and reconstruction of Burundi and the
lasting restoration of the rule of law,
Recognizing the
important role of women in the reconciliation process and the search for peace,
and urging the Government of Burundi to ensure the equal participation of women
in Burundian society and to improve their living conditions,
1. Takes
note of the interim report by the Special Rapporteur on the situation of
human rights in Burundi to the General Assembly (A/53/490, annex) and his oral
presentation to the Commission on the human rights situation in Burundi;
2. Supports
the political compact between the Government of Burundi and the National
Assembly, and the dialogue among Burundians, including the armed factions,
taking place in the Arusha peace process;
3. Hails
the suspension by the neighbouring countries of their embargo on Burundi;
4. Encourages
the Government of Burundi to continue its actions aimed at associating all
sectors of Burundian society in the work of national reconciliation and at the
restoration of a safe, generally reassuring institutional order so as to bring
back democracy and peace in the interest of the Burundian population;
5. Takes
note of progress in security and public order but regrets that the security
situation in parts of the country remains unstable, forcing many people to
leave their homes;
6. Encourages
continued efforts to dismantle the regroupment camps and the return of
displaced persons to their villages as and when security conditions permit;
7. Takes
note of the efforts by the Government of Burundi to ensure that established
legal safeguards for human rights and international human rights standards are
fully respected;
8. Invites
the Government of Burundi to take more measures, including in the judicial
sphere, to put an end to impunity, in particular by bringing to trial those
responsible for violations of human rights and of international humanitarian
law, in accordance with relevant international principles, and urges the
Government to accelerate the specific procedures for inquiries in case of such
violations;
9. Exhorts
the Government of Burundi to make its judicial institutions more effective and
transparent, and to address the questions of the length of provisional
detention and conditions in detention;
10. Welcomes
the efforts of the Government of Burundi to ensure the safety of staff of the
United Nations and humanitarian organizations and that of individuals in
Burundi serving in the same cause;
11. Urges
all parties to the conflict to end the cycle of violence and killings,
especially blind violence against the civilian population;
12. Takes
note of the encouraging signs in the struggle against impunity and for the
promotion of human rights on the part of the Government of Burundi, but
expresses its deep concern at the violations of human rights and of
international humanitarian law, in particular reports of massacres, enforced or
involuntary disappearances, and arbitrary arrests and detention;
13. Supports
the continuation by the Office of the United Nations High Commissioner for
Human Rights of the programme of assistance for members of the armed forces and
the police in the field of human rights and legal assistance;
14. Adjures
the parties to the conflict to abstain rigorously from any action liable to
hamper operations by the International Committee of the Red Cross and
other humanitarian assistance to those affected by the war;
15. Also
adjures all parties to the conflict in Burundi to work constructively with
the international mediators in the search for a lasting peace;
16. Expresses
its appreciation of efforts by the mediators of the United Nations,
the Organization of African Unity and the European Union in the search for a
lasting solution to the problems of Burundi;
17. Encourages
the Organization of African Unity in its efforts, particularly through its
Mechanism for Conflict Prevention, Management and Resolution, to remain engaged
in preventing the further deterioration of the situation;
18. Reaffirms
that peace, development, human rights and humanitarian issues are
interdependent, and thus welcomes the call made by the Security Council in
resolution 1234 (1999) of 9 April 1999 for an international conference on
peace, security and stability in the Great Lakes region;
19. Commends
the human rights observer mission in Burundi for the activities it is
conducting in the field, welcomes the cooperation afforded to it by the
Government of Burundi, and calls for the strengthening of that observer mission
through voluntary contributions;
20. Condemns
the illegal sale and distribution of weapons and related materials which
disturb peace and security in the region;
21. Requests
States not to allow their territories to be used as bases for incursions or
attacks against another State, in violation of the principles of international
law, including the Charter of the United Nations;
22. Exhorts
States and international, governmental and non_governmental organizations to
cooperate with initiatives to put Burundi back on its feet, and to give the
Government of Burundi financial backing for such initiatives;
23. Urges
the international community to resume economic cooperation with Burundi and to
continue to provide humanitarian assistance needed by displaced persons and
returnees in Burundi, so that the peace process initiated in the country may
become a tangible sign of reconciliation;
24. Decides
to extend the Special Rapporteur's mandate by one year, and to request the
Special Rapporteur to submit an interim report on the
human rights situation in Burundi to the
General Assembly at its fifty_fourth session, and a report to the
Commission at its
fifty_sixth session, giving his work a
gender_specific dimension.
50th
meeting
23
April 1999
[Adopted
without a vote. See chap. IX.]
1999/11. Situation of human rights in Nigeria
The Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human
Rights and applicable human rights instruments,
Recalling that Nigeria
is a party to the International Covenants on Human Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Elimination of All Forms of Discrimination against Women and
the Convention on the Rights of the Child, as well as the African Charter on
Human and Peoples' Rights,
Recalling also previous
resolutions of the General Assembly and the Commission on Human Rights on
the subject, most recently Assembly resolution 53/161 of
9 December 1998 and Commission resolution 1998/64 of
21 April 1998,
1. Takes
note with appreciation of:
(a) The
report of the Special Rapporteur on the situation of human rights in Nigeria
(E/CN.4/1999/36), submitted following his visit to Nigeria at the invitation
and with the cooperation of the Government of Nigeria;
(b) The update
on the situation provided by the Special Rapporteur in his oral presentation to
the Commission at its fifty_fifth session;
(c) The
report of the Commission of Inquiry of the International Labour Organization
which visited Nigeria in August 1998 at the invitation of the Government
of Nigeria;
2. Welcomes
the profound changes that have taken place in Nigeria since the inception of
the administration of General Abdulsalami A. Abubakar as
described in the report and in the presentation by the Special Rapporteur;
3. Commends
the Government for the measures it has already taken to promote, protect and
enhance the enjoyment of human rights and fundamental freedoms in the country,
including:
(a) The
release of all political prisoners and detainees;
(b) Measures
to strengthen the judiciary and to enhance the rule of law;
(c) Prison
reform, including measures to alleviate overcrowding and to improve the living
conditions of prisoners, as well as the conditions of service of prison
personnel;
(d) The
repeal or amendment of decrees that had infringed on fair trial guarantees,
freedom of opinion and freedom of association, thereby enabling, inter alia,
the holding of elections to the various trade union executives;
(e) The
recent establishment of a presidential committee on development options in the
Niger delta;
and encourages the Government of Nigeria to make further
progress in these areas;
4. Commends
the successful holding of free and fair elections, on the basis of democratic
principles, a multiparty system and universal suffrage, to all tiers of
government in the country, in particular the office of President, representing
a significant step on the way to the installation of a democratically elected
administration on 29 May 1999;
5. Expresses
its full support and cooperation to the Government of Nigeria in its
efforts to consolidate national cohesion, strengthen the policy, develop the
economy and build a peaceful and stable Nigeria rooted in respect for human
rights, the rule of law, democracy and good governance, and reaffirms the vital
role of civil society in these efforts;
6. Calls
upon the Government of Nigeria to enhance the independence and
effectiveness of the National Human Rights Commission in accordance with the
Principles relating to the status of national institutions for the promotion
and protection of human rights, which are annexed to General Assembly
resolution 48/134 of 20 December 1993, including through the provision of adequate
resources;
7. Requests
the Office of the United Nations High Commissioner for Human Rights to
respond positively, as a matter of priority, to any requests from the
Government of Nigeria for technical assistance and advisory services and the
strengthening of national capacity in the field of human rights;
8. Decides
to conclude its consideration of the situation of human
rights in Nigeria.
51st
meeting
23
April 1999
[Adopted
without a vote. See chap. IX.]
1999/12. Human rights situation in southern
Lebanon and west Bekaa
The Commission on Human Rights,
Gravely concerned at the
persistent practices of the Israeli occupation forces in southern Lebanon and
west Bekaa, which constitute a violation of the principles of international law
regarding the protection of human rights, in particular the Universal
Declaration of Human Rights, as well as a grave violation of the relevant
provisions of international humanitarian law as contained in the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of 12
August 1949, and the Fourth Hague Convention of 1907,
Reiterating its deep
regret at the failure of Israel to implement Security Council
resolution 425 (1978) of 19 March 1978,
Reminding all parties
concerned to abide by the April 1996 Understanding,
Censuring the Israeli
attacks, in southern Lebanon and west Bekaa, which cause a large number of
deaths and injuries among civilians, displace families and destroy dwellings
and properties,
Reaffirming that the
continued occupation and practices of the Israeli forces constitute a violation
of the relevant resolutions of the Security Council and of the conventions
in force on this matter,
Hoping that the efforts made in
order to implement Security Council resolution 425 (1978) and to achieve
peace in the Middle East will put an end to the violations of human rights that
are being committed in the zone in southern Lebanon and west Bekaa occupied by
Israel and that the peace negotiations will be resumed with a view to reaching
a settlement of the Middle East conflict and achieving a just and comprehensive
peace in the region,
Gravely concerned at the
persistent detention by Israel of many Lebanese civilians, among whom are
minors, women and the elderly, in the detention centre of Khiyam, and at the
death of some detainees as a result of ill_treatment and torture,
Expressing its indignation at
the ruling handed down on 4 March 1998 by the Israeli Supreme Court permitting
the Israeli authorities to retain Lebanese detainees in Israeli prisons without
trial and to hold them as hostages and for bargaining purposes and to renew
their incommunicado detention, which constitutes a flagrant violation of the
principles of human rights,
Reaffirming its
resolution 1998/62 of 21 April 1998, and expressing its deep regret at the
failure of Israel to implement this resolution,
1. Deplores
the continued Israeli violations of human rights in the occupied zone in
southern Lebanon and west Bekaa, demonstrated in particular by the abduction
and arbitrary detention of civilians, the destruction of their dwellings, the
confiscation of their property, the expulsion from their land, the bombardment
of villages and civilian areas, and other practices violating human rights;
2. Calls
upon Israel to put an immediate end to such practices, in air raids and the
use of prohibited weapons, and to implement Security Council resolution 425
(1978) of 19 March 1978 requiring Israel's immediate, total and unconditional
withdrawal from all Lebanese territories and respect for the sovereignty,
independence and territorial integrity of Lebanon;
3. Also
calls upon the Government of Israel, the occupying Power of territories in
southern Lebanon and the western Bekaa, to comply with the Geneva Conventions
of 1949, in particular the Geneva Convention relative to the Protection of
Civilian Persons in Time of War;
4. Further
calls upon the Government of Israel, the occupying Power of territories in
southern Lebanon and west Bekaa, to refrain from holding the abducted Lebanese
citizens incarcerated in its prisons as hostages for bargaining purposes, and to
release them immediately as well as other persons arbitrarily detained in
prisons and detention centres in the occupied territories in Lebanon, in
violation of all the Geneva Conventions and other provisions of international
law;
5. Affirms
the obligation for Israel, the occupying Power of territories in southern
Lebanon and west Bekaa, to commit itself to allowing the International
Committee of the Red Cross and the families of the detainees to intensify their
visits, as well as to allowing other international humanitarian organizations
to visit the detainees and to verify their sanitary and humanitarian conditions
and, in particular, the circumstances which led to the death of some of them as
a result of ill_treatment or acts of torture;
6. Requests
the Secretary_General:
(a) To
bring the present resolution to the attention of the Government of Israel and
to invite it to provide information concerning the extent of its implementation
thereof;
(b) To
report to the General Assembly at its fifty_fourth session and to the
Commission on Human Rights at its fifty_sixth session on the results of his
efforts in this regard;
7. Decides
to continue its consideration of the situation of human
rights in southern Lebanon and west Bekaa at its
fifty_sixth session.
51st
meeting
23
April 1999
[Adopted
by a roll_call vote of 49 votes to 1,
with
3 abstentions. See chap. IX.]
1999/13. Situation of human rights in the Islamic
Republic of Iran
The Commission on Human Rights,
Guided by the Charter of the United
Nations, the Universal Declaration of Human Rights, the International Covenants
on Human Rights and other human rights instruments,
Reaffirming that all
States Members of the United Nations have an obligation to promote and
protect human rights and fundamental freedoms and to fulfil the obligations
they have undertaken under the various international instruments in this field,
Mindful that the Islamic Republic of
Iran is a party to the International Covenants on Human Rights,
Recalling previous
resolutions of the General Assembly and the Commission on Human Rights on the
subject, the most recent of which are Assembly resolution 53/158 of 9 December
1998 and Commission resolution 1998/80 of 22 April 1998,
1. Welcomes:
(a) The
report of the Special Representative of the Commission (E/CN.4/1999/32) which
notes that the Government's plans for a tolerant, diverse and law_abiding
society continue to unfold and that their full implementation could have a
major impact on human rights in the Islamic Republic of Iran;
(b) The
stated commitment made by the Government of the Islamic Republic of Iran to
promote respect for the rule of law, including the elimination of arbitrary
arrest and detention and to reform the legal and penitentiary system and bring
it into line with international human rights standards in this field;
(c) The
more open debate in the Islamic Republic of Iran on issues of governance and
human rights, as well as governmental efforts to make progress in the area of
freedom of expression, while remaining concerned at instances of arbitrary
closure of publications and cases of harassment and intimidation of journalists;
(d) The
efforts undertaken by the Government of the Islamic Republic of Iran to
investigate the recent wave of disappearances, suspicious deaths and killings
of intellectuals and political activists, and urges the Government to bring the
alleged perpetrators to justice;
(e) The
holding, on 26 February 1999, of the first local elections in the Islamic
Republic of Iran, which reflect an effort by the Government to make local
governance more transparent and more responsible;
(f) The
assurances given by the Government of the Islamic Republic of Iran that it has
no intention of taking any action whatsoever to threaten the life of Mr. Salman
Rushdie and those associated with his work or of encouraging or assisting
anyone to do so, and that it dissociates itself from any reward offered in this
regard and does not support it;
(g) The
invitation extended by the Government of the Islamic Republic of Iran to the
Working Group on Enforced or Involuntary Disappearances to visit Iran, which
will hopefully take place in the near future;
2. Notes
with interest:
(a) Positive
statements by the Government of the Islamic Republic of Iran about the need to
review laws and attitudes which discriminate against women, and the gradual
increase of the presence of women in public life in Iran;
(b) The
reported elimination of discrimination against Baha'i youth in enrolment in the
pre-university year at the high-school level, while remaining concerned that
their entry to universities continues to be refused;
(c) The
increasing focus of the Islamic Human Rights Commission on the human rights
situation in the Islamic Republic of Iran and expresses its hope that the
Commission will come into line with the 1993 Principles relating to the status
of national institutions for the promotion and protection of human rights,
which is annexed to General Assembly resolution 48/134 of
20 December 1993;
(d) The
beginnings of a public discussion in Iran on the appropriateness of the death
penalty for drug-related offences;
3. Expresses
its concern:
(a) At the
fact that no invitation has yet been extended by the Government of the Islamic
Republic of Iran to the Special Representative to visit the country, and calls
upon the Government to extend an invitation to him and resume its full
cooperation with the Special Representative in the discharge of his mandate;
(b) At the
continuing violations of human rights in the Islamic Republic of Iran, as
reported by the Special Representative, in particular the high number of
executions, cases of torture and cruel, inhuman or degrading treatment or
punishment, including sentences of stoning and public executions, the failure
to meet international standards in the administration of justice and the
absence of due process of law, and also at the apparent absence of respect for
internationally recognized legal safeguards and the use of national security
laws to deny the rights of the individual;
(c) At the
continued discrimination against religious minorities, in particular the
unabated and, in some instances, worsened pattern of persecution against the
Baha'is, including death sentences, executions, arrests and the closure of the
Baha'i Institute of Higher Education;
(d) At
the continued lack of full and equal enjoyment by women of their human rights
as reported by the Special Representative;
(e) At
continuing threats by the 15 Khordad Foundation to the life of Mr. Salman
Rushdie, including the increase in the bounty announced by the Foundation after
the assurances given by the Government of Iran in New York in September 1998;
4. Calls
upon the Government of the Islamic Republic of Iran:
(a) To
continue its positive efforts to consolidate respect for the rule of law, and
to abide by its freely undertaken obligations under the International Covenants
on Human Rights and under other international instruments on human rights;
(b) To
ensure that capital punishment will not be imposed for other than the most
serious crimes, not for apostasy or otherwise in disregard of the provisions of
the International Covenant on Civil and Political Rights and United Nations
safeguards, and to provide the Special Representative with relevant statistics
on this matter;
(c) To
implement fully the conclusions and recommendations of the Special Rapporteur
on religious intolerance relating to the Baha'is and other minority religious
groups until they are completely emancipated;
(d) To
take all necessary steps to end the use of torture and the practice of
amputation, stoning and other forms of cruel, inhuman and degrading punishment;
(e) To
take further measures to eliminate the continued discrimination in law and in
practice against women;
(f) To
make full use of technical cooperation programmes in the field of human rights,
and welcomes in this context the willingness of the Government to introduce
international human rights standards into the curricula of universities;
5. Decides:
(a) To
extend the mandate of the Special Representative, as contained in Commission
resolution 1984/54 of 14 March 1984, for a further year, and requests the
Special Representative to submit an interim report to the General Assembly
at its fifty-fourth session and to report to the Commission at its fifty-sixth
session, and also to keep a gender perspective in mind when seeking and
analysing information;
(b) To
request the Secretary-General to continue to give all necessary assistance to
the Special Representative to enable him to discharge his mandate fully;
(c) To
continue its examination of the situation of human rights in the Islamic
Republic of Iran, including the situation of the Baha'is and other
minority groups, at its fifty-sixth session under the
same agenda item.
51st
meeting
23
April 1999
[Adopted
by a roll_call vote of 23 votes to 16,
with
14 abstentions. See chap. IX.]
1999/14. Situation of human rights in Iraq
The Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations and as
elaborated in the Universal Declaration of Human Rights, the International
Covenants on Human Rights and other applicable human rights instruments,
Mindful that Iraq is a party to the
International Covenants on Human Rights, to other international human rights
instruments and to the Geneva Conventions of 12 August 1949 on the protection
of war victims,
Recalling:
(a) Previous
resolutions of the General Assembly and the Commission on Human Rights on the
subject, most recently Assembly resolution 53/157 of 9 December 1998 and
Commission resolution 1998/65 of 21 April 1998;
(b) Security
Council resolutions 686 (1991) of 2 March 1991, in which the Council called
upon Iraq to release all Kuwaitis and nationals of other States who might still
be held in detention; 687 (1991) of 3 April 1991; 688 (1991) of 5 April 1991, in which the Council demanded an
end to repression of the Iraqi civilian population and insisted that Iraq
cooperate with humanitarian organizations and that the human rights of all
Iraqi citizens be respected; 986 (1995) of 14 April 1995; 1111 (1997) of 4 June
1997; 1129 (1997) of 12 September 1997; 1143 (1997) of 4 December 1997;
1153 (1998) of 20 February 1998; 1175 (1998) of 19 June 1998 and 1210
(1998) of 24 November 1998, by which the Council authorized States to
permit imports of Iraqi oil in order to allow Iraq to purchase humanitarian
supplies;
(c) The
concluding observations of the Human Rights Committee (CCPR/C/79/Add.84), the
Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.28), the
Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.17) and the
Committee on the Rights of the Child (CRC/C/15/Add.94) on Iraq’s recent reports
to these treaty monitoring bodies,
1. Welcomes
the report of the Special Rapporteur on the situation of human rights in Iraq
(E/CN.4/1999/37) and the observations on the general situation, including with
regard to the communities in the northern and southern regions and also the
still missing persons, including prisoners of war, Kuwaiti nationals and third
country nationals, and the conclusions and recommendations contained in the
report, and notes his dismay that there has been no improvement in the
situation of human rights in the country;
2. Strongly
condemns:
(a) The
systematic, widespread and extremely grave violations of human rights and of
international humanitarian law by the Government of Iraq, resulting in an
all-pervasive repression and oppression sustained by broad_based discrimination
and widespread terror;
(b) Suppression
of freedom of thought, expression, information, association, assembly and
movement through fear of arrest, imprisonment and other sanctions, in
particular widespread and arbitrary application of the death penalty;
(c) Summary
and arbitrary executions, including political killings and the continued
so-called clean-out of prisons, as well as enforced or involuntary
disappearances, routinely practised arbitrary arrests and detention and
consistent and routine failure to respect due process and the rule of law, for
example the execution of delinquents for minor property offences and customs
violations;
(d) Widespread,
systematic torture and the enactment and implementation of decrees prescribing
cruel and inhuman punishment as a penalty for offences;
3. Calls
upon the Government of Iraq:
(a) To
abide by its freely undertaken obligations under international human rights
treaties and international humanitarian law to respect and ensure the rights of
all individuals, irrespective of their origin, ethnicity, gender or religion,
within its territory and subject to its jurisdiction;
(b) To
bring the actions of its military and security forces into conformity with the
standards of international law, in particular those of the International
Covenant on Civil and Political Rights;
(c) To
cooperate with United Nations human rights mechanisms, in particular by
receiving a return visit by the Special Rapporteur to Iraq and allowing the
stationing of human rights monitors throughout Iraq pursuant to the relevant
resolutions of the General Assembly and the Commission on Human Rights;
(d) To
establish independence of the judiciary and abrogate all laws granting impunity
to specified forces or persons killing or injuring individuals for any purpose
beyond the administration of justice under the rule of law as prescribed by
international standards;
(e) To
abrogate all decrees that prescribe cruel and inhuman punishment or treatment,
including mutilation, and to ensure that torture and cruel punishment and
treatment no longer occur;
(f) To
abrogate all laws and procedures, including Revolution Command Council Decree
No. 840 of 4 November 1986, that penalize free expression, and to ensure that
the genuine will of the people shall be the basis of authority of the State;
(g) To
cease immediately its continued repressive practices, including the practice of
forced deportation and relocation, against the Iraqi Kurds, Assyrians and
Turkmen, and against the population of the southern marsh areas, where drainage
projects have provoked environmental destruction and a deterioration of the
situation of the civilian population, and to ensure the personal integrity and
freedoms, including the full freedom of belief, of the Shi’a and their
religious establishment;
(h) To
cooperate with the Tripartite Commission to establish the whereabouts and
resolve the fate of the remaining several hundred missing persons, including
prisoners of war, Kuwaiti nationals and third country nationals, victims of the
illegal Iraqi occupation of Kuwait, to cooperate with the Working Group on
Enforced or Involuntary Disappearances for that purpose, and to pay
compensation to the families of those who died or disappeared in the custody of
the Iraqi authorities, through the mechanism established by the Security
Council in resolution 692 (1991) of 20 May 1991;
(i) To
release immediately all Kuwaitis and nationals of other States who may still be
held in detention and inform families about the whereabouts of arrested
persons, to provide information about death sentences imposed on prisoners of
war and civilian detainees, and to issue death certificates for deceased
prisoners of war and civilian detainees;
(j) To
cooperate fully with international aid agencies and non_governmental
organizations to provide humanitarian assistance and monitoring in the northern
and southern areas of the country;
(k) To
continue to cooperate in the implementation of Security Council resolutions 986
(1995), 1111 (1997), 1143 (1997), 1153 (1998) and 1210 (1998), to ensure fully
the equitable distribution, without discrimination, to the Iraqi population,
including in remote areas, of the humanitarian supplies purchased with the
proceeds of Iraqi oil, and to facilitate the work of United Nations
humanitarian personnel in Iraq by ensuring the free and unobstructed movement
of observers throughout the country;
(l) To
cooperate in the identification of minefields existing throughout Iraq with a
view to facilitating their marking and eventual clearing;
4. Decides:
(a) To
extend the mandate of the Special Rapporteur, as contained in Commission
resolution 1991/74 of 6 March 1991 and subsequent resolutions, for a further
year, and requests the Special Rapporteur to submit an interim report on the
situation of human rights in Iraq to the General Assembly at
its fifty-fourth session and to report to the Commission at its
fifty_sixth session, and also to keep a gender perspective in mind when
seeking and analysing information;
(b) To
request the Secretary-General to continue to give all necessary assistance to
the Special Rapporteur to enable him to discharge his mandate fully, and to
approve the allocation of sufficient human and material resources for the
sending of human rights monitors to such locations as would facilitate improved
information flow and assessment and help in the independent verification of
reports on the situation of human rights in Iraq;
(c) To
continue its consideration of the situation of human rights in
Iraq at its fifty-sixth session under the same agenda
item.
51st
meeting
23
April 1999
[Adopted
by a roll_call vote of 35 votes to none,
with
18 abstentions. See chap. IX.]
1999/15. Situation of human rights in the Sudan
The Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human
Rights and other applicable human rights instruments,
Mindful that the Sudan is a party to
the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the Convention on the Rights
of the Child and the African Charter on Human and Peoples' Rights,
Recalling previous
resolutions of the General Assembly and the Commission on Human Rights on the
situation of human rights in the Sudan,
most recently Commission resolution 1998/67 of 21
April 1998, as well as Assembly resolution 53/1 O of 17 December 1998 on
emergency assistance to the Sudan,
Welcoming the Peace
Agreement of 1997, the acceptance of the Declaration of Principles as a basis
for negotiations and the declaration of a comprehensive ceasefire on 5 April
1999, at the same time deeply concerned at the impact of the continuing
conflict in the Sudan between the Government of the Sudan and the Sudan
People's Liberation Movement/Army on the situation of human rights and at the
disregard by all parties to the conflict of relevant rules of international
humanitarian law,
Condemning the recent
murder of four Sudanese relief workers while in the custody of the Sudan
People's Liberation Army,
Aware of the urgent need for
implementing effective measures in the field of human rights and humanitarian
relief to protect the civilian population from the effects of armed conflict,
Expressing its firm belief that
progress towards a peaceful settlement of the conflict in southern Sudan within
the Inter_governmental Authority on Development peace initiative will greatly
contribute to the creation of a better environment for the respect of human
rights in the Sudan,
Pleased at the invitations extended
by the Government of the Sudan to the Special Rapporteur on the situation of
human rights in the Sudan, the Special Rapporteurs on religious intolerance and
on freedom of opinion and expression and the Working Group on Contemporary
Forms of Slavery,
1. Welcomes:
(a) The
report of the Special Rapporteur on the situation of human rights in the Sudan
(E/CN.4/1999/38);
(b) The
recent visit by the Special Rapporteur to the Sudan at the invitation of the
Government of the Sudan and the full cooperation extended by the Government of
the Sudan;
(c) The
expressed commitment of the Government of the Sudan to respect and promote
human rights and the rule of law and its expressed commitment to a process of
democratization with a view to establishing a representative and accountable
government, reflecting the aspirations of all people of the Sudan;
(d) The
stipulation of basic human rights and freedoms in the Constitution of the Sudan
which entered into force on 1 July 1998;
(e) The
establishment of the Constitutional Court;
(f) Reports
of recent improvements regarding the freedom of expression and association;
(g) Efforts
to implement the right to education;
(h) The
liberation of political detainees by the Government of the Sudan;
(i) The
efforts to address the problem of internally displaced persons;
(j) The
recent visit by the Special Representative of the Secretary‑General for
children and armed conflict and the cooperation extended by the Government of
the Sudan in this regard;
(k) The
commitment made by the Government of the Sudan to the Special Representative of
the Secretary‑General for children and armed conflict not to recruit
children under the age of 18 as soldiers;
2. Expresses
its deep concern:
(a) At the
impact of the current conflict on the situation of human rights and its adverse
effect on the civilian population, in particular women and children, and at
continuing serious violations of human rights, fundamental freedoms and
relevant provisions of international humanitarian law perpetrated by all
parties to the conflict, in particular:
(i) At
the occurrence of cases of extrajudicial, summary or arbitrary executions
resulting from armed conflicts between members of the armed forces and armed
insurgent groups within the country;
(ii) At
the occurrence, within the framework of the conflict in southern Sudan, of
cases of enforced or involuntary disappearance, the use of children as soldiers
and combatants, forced conscription, forced displacement, arbitrary detention,
torture and ill‑treatment of civilians;
(iii) At
the abduction of women and children to be subjected to forced labour or similar
conditions;
(iv) At
the use of weapons, including landmines, against the civilian population;
(b) At
violations of human rights in areas under the control of the Government of the
Sudan, in particular:
(i) At
the widespread occurrence of torture, and cases of arbitrary arrest and
detention without trial, in particular of political opponents;
(ii) At
cases of severe restrictions on the freedom of religion and peaceful assembly;
(iii) At
the widespread intimidation of the population by the security organs;
3. Urges
all parties to the continuing conflict in the Sudan:
(a) To
respect and protect human rights and fundamental freedoms, to respect fully
international humanitarian law, thereby facilitating the voluntary return,
repatriation and reintegration of refugees and internally displaced persons to
their homes, and to ensure that those responsible for violations of
international humanitarian law are brought to justice;
(b) To
stop immediately the use of weapons, including landmines, against the civilian
population, and in particular the Sudan People's Liberation Army, to abstain
from using civilian premises for military purposes;
(c) To
grant safe and unhindered access to international agencies and humanitarian
organizations in order to facilitate by all means the delivery of humanitarian
assistance to all civilians in need of protection and assistance, in particular
in Bahr‑el‑Ghazal and in the Nuba Mountains, and to continue to
cooperate with the Office for the Coordination of Humanitarian Affairs of the
United Nations and Operation Lifeline Sudan to deliver such assistance;
(d) In
particular the Sudan People's Liberation Army, to stop attacks on relief and
humanitarian workers, urges the Sudan People's Liberation Army to permit a
thorough investigation into the deaths of four Sudanese relief workers and
expects it to return the bodies to their families;
(e) To
continue to cooperate with the peace efforts of the Inter_governmental
Authority on Development;
(f) In
particular the Sudan People's Liberation Army, not to divert relief supplies,
including food, from their civilian recipients;
(g) Not to
use children under the age of 18 as soldiers, and urges the Sudan People's
Liberation Army to undertake a similar commitment to that made by the
Government of the Sudan to the Special Representative of the Secretary‑General
for children and armed conflict not to recruit children under the age of 18 as
soldiers, and to refrain from the practice of forced conscription;
4. Calls
upon the Government of the Sudan:
(a) To
comply fully with its obligations under international human rights
instruments to which the Sudan is a party and to promote and protect human
rights and fundamental freedoms, as well as to respect its obligations under
international humanitarian law;
(b) To
ensure the rule of law by bringing legislation more into line with the
Constitution and the practice of law enforcement more into line with
legislation;
(c) To
continue its efforts to bring its national legislation into conformity with
applicable international human rights instruments to which the Sudan is a party
and to ensure that all individuals in its territory and subject to its
jurisdiction enjoy fully the rights recognized in those instruments;
(d) To
take all effective measures to end all acts of torture and cruel, inhuman or
degrading treatment and ensure that all accused persons are held in ordinary
custody and receive prompt, just and fair trials under internationally
recognized standards, and investigate all reported acts of torture brought to
its attention;
(e) To
investigate reports of the abduction of women and children taking place in the
framework of the conflict in southern Sudan, bring to trial any persons
suspected of supporting or participating in such activities and facilitate the
safe return of affected children to their families as a matter of priority, and
to accept, inter alia, a multilateral investigation into the causes of
the abduction of women and children subjected to forced labour or similar
conditions, as well as ways and means to obtain the eradication of this
practice;
(f) To
stop immediately the indiscriminate aerial bombardment of civilian and
humanitarian targets, including hospitals, which runs counter to fundamental
principles of human rights and humanitarian law;
(g) To
ensure full respect for freedom of opinion, expression, thought, conscience and
religion, as well as freedom of association and assembly throughout the
territory of the Sudan;
(h) To
implement fully its commitment to the democratization process and the rule of
law and to create, in this context, conditions that would allow for a
democratization process that is genuine and wholly reflects the aspirations of
the people of the country and ensures their full participation;
(i) To
comply with the commitment made to the Special Representative of the Secretary‑General
for children and armed conflict not to recruit children under the age of 18 as
soldiers;
5. Encourages
the Government of the Sudan to continue to pursue its dialogue with the Office
of the United Nations High Commissioner for Human Rights with a view to
establishing a permanent representation of the High Commissioner in
Khartoum;
6. Calls
upon the international community to expand its support for activities aimed
at the improvement of respect for human rights and humanitarian law during the
conflict;
7. Decides:
(a) To
extend the mandate of the Special Rapporteur on the situation of human rights
in the Sudan for a further year and requests the Special Rapporteur to submit
an interim report to the General Assembly at its fifty‑fourth session and
to report to the Commission at its fifty‑sixth session on the
situation of human rights in the Sudan and to continue to keep a gender
perspective in mind in the reporting process;
(b) To
request the Secretary‑General to continue to give all necessary
assistance to the Special Rapporteur to enable him to discharge his mandate
fully;
(c) To
request the Office of the United Nations High Commissioner for Human Rights
urgently to take into consideration requests for assistance by the Government
of the Sudan, including with a view to the establishment of a permanent
representation of the High Commissioner for Human Rights in Khartoum as a
matter of priority;
8. Recommends
the following draft decision to the Economic and Social Council for adoption:
[For
the text, see chap. I, sect. B, draft decision 5.]
51st
meeting
23
April 1999
[Adopted
without a vote. See chap. IX.]
1999/16. Cooperation with
representatives of United Nations
human rights bodies
The Commission on Human Rights,
Reiterating its concern at
the continued reports of intimidation and reprisals against private individuals
and groups who seek to cooperate with the United Nations and representatives of
its human rights bodies,
Also concerned at
reports about incidents where private individuals have been hampered in their
efforts to avail themselves of procedures established under United Nations
auspices for the protection of human rights and fundamental freedoms,
Recalling its
resolution 1998/66 of 21 April 1998 and taking note of the report of the
Secretary-General on the question (E/CN.4/1999/27),
1. Urges
Governments to refrain from all acts of intimidation and reprisal against:
(a) Those
who seek to cooperate or have cooperated with representatives of United Nations
human rights bodies, or who have provided testimony or information to them;
(b) Those
who avail or have availed themselves of procedures established under United
Nations auspices for the protection of human rights and fundamental freedoms
and all those who have provided legal assistance to them for this purpose;
(c) Those
who submit or have submitted communications under procedures established by
human rights instruments;
(d) Those
who are relatives of victims of human rights violations;
2. Requests
all representatives of United Nations human rights bodies, as well as treaty
bodies monitoring the observance of human rights, to continue to take urgent
steps, in conformity with their mandates, to help prevent the hampering of
access to United Nations human rights procedures in any way;
3. Also
requests all representatives of United Nations human rights bodies, as well
as treaty bodies monitoring the observance of human rights, to continue to take
urgent steps, in conformity with their mandates, to help prevent the occurrence
of such intimidation and reprisals;
4. Further
requests such representatives and treaty bodies to continue to include in
their respective reports to the Commission on Human Rights, the Sub-Commission
on Prevention of Discrimination and Protection of Minorities or the General
Assembly a reference to allegations of intimidation or reprisal and of
hampering of access to United Nations human rights procedures, as well as an
account of action taken by them in this regard;
5. Requests
the Secretary-General to draw the attention of such representatives and treaty
bodies to the present resolution;
6. Invites
the Secretary-General to submit to the Commission at its fifty_sixth session a
report containing a compilation and analysis of any available information, from
all appropriate sources, on alleged reprisals against the persons referred to
in paragraph 1 above;
7. Decides
to consider the question again at its fifty_sixth session.
52nd
meeting
23
April 1999
[Adopted
without a vote. See chap. IX.]
1999/17. Situation of human rights in Myanmar
The Commission on Human Rights,
Reaffirming that
all Member States have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations and as
elaborated in the Universal Declaration of Human Rights, the International
Covenants on Human Rights and other applicable human rights instruments,
Gravely concerned at
the increasingly severe and systematic violations of human rights in Myanmar
and the failure of the Government of Myanmar to cooperate with the Special
Rapporteur,
Aware that the
Universal Declaration of Human Rights states that the will of the people shall
be the basis of the authority of government and therefore gravely concerned
that the Government of Myanmar still has not implemented its commitment to take
all necessary steps towards democracy in the light of the results of the
elections held in 1990,
Recalling the
observation made by the Special Rapporteur that the absence of respect for the
rights pertaining to democratic governance is at the root of all the major
violations of human rights in Myanmar,
Mindful that
Myanmar is a party to the Convention on the Rights of the Child, the Convention
on the Elimination of All Forms of Discrimination against Women, the Geneva
Conventions of 12 August 1949 on the protection of war victims, the
International Labour Organization’s Forced Labour Convention, 1930 (No.
29) and the Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87),
Recalling
previous resolutions of the General Assembly and the Commission on Human Rights
on the subject, most recently Assembly resolution 53/162 of 9 December
1998 and Commission resolution 1998/63 of 21 April 1998,
1. Welcomes:
(a) The
report of the Special Rapporteur (E/CN.4/1999/35) on the situation of human
rights in Myanmar and the report of the Secretary_General (E/CN.4/1999/29);
(b) The
accession by the Government of Myanmar to the Convention on the Elimination of
All Forms of Discrimination against Women and earlier to the Convention on the
Rights of the Child;
(c) The
pardoning and release on humanitarian grounds on 20 January of U Ohn Myint
and on 11 February of Ma Thida, but notes at the same time a
significant increase in the number of political prisoners during 1998;
(d) The
efforts currently being undertaken by the Special Envoy of the
Secretary-General for a visit to Myanmar;
2. Reaffirms
the need to provide adequate protection and assistance for persons fleeing from
Myanmar and, in this context, takes note with appreciation of the efforts of
the Government of Thailand in providing assistance and the expanded role played
by the Office of the United Nations High Commissioner for Refugees;
3. Expresses
its grave concern:
(a) At
the continued closure of many institutions of higher education for political
reasons for over two years;
(b) That
the composition and working procedures of the National Convention do not permit
either members of Parliament_elect or representatives of the ethnic minorities
to express their views freely, and is concerned that the National Convention is
not working towards national reconciliation;
(c) At
the widespread and systematic use of forced labour, as indicated in the report
of the Commission of Inquiry set up under article 26 of the Constitution of the
International Labour Organization and the failure of the Government so far to
implement the Commission's recommendation that it ensure the cessation by the
authorities, and in particular the military, of such practices;
(d) That
the Government of Myanmar refuses to cooperate with, and has not yet agreed to
a visit by, the Special Rapporteur;
4. Deplores:
(a) The
continuing violations of human rights in Myanmar, as reported by the Special
Rapporteur, including extrajudicial, summary or arbitrary executions
(particularly in areas of ethnic tension) and enforced disappearances, torture,
abuse of women and children by government agents, arbitrary seizures of land
and property, and the imposition of oppressive measures directed in particular
at ethnic and religious minorities, including systematic programmes of forced
relocation, destruction of crops and fields, and the widespread use of forced
labour, including for work on infrastructure projects and as porters for the
army;
(b) The
wide disrespect of the rule of law, including increasing numbers of arbitrary
and politically motivated arrests and detentions, detentions without trial,
sometimes without the knowledge of the families of detainees, and the abuse of
the judicial process, including trial of detainees
in secrecy without proper legal
representation, and the inhuman treatment of prisoners, leading to illness and
deaths in custody, as reported by the Special Rapporteur;
(c) The
violations of the rights of persons belonging to minorities, including the
systematic programmes of forced relocations directed against ethnic minorities,
notably in Karen, Karenni, Rakhine and Shan States and in Tennasserim Division,
resulting in displaced persons and flows of refugees to neighbouring countries,
thus creating problems for the countries concerned, and particularly the
condition of statelessness, the confiscation of land and the restrictions on
movement faced by returning Rohingya refugees, which have contributed to
movements out of the country;
(d) The
continuing violations of the rights of women, especially women who are
refugees, internally displaced women and women belonging to ethnic minorities
or the political opposition, in particular forced labour, sexual violence and
exploitation, including rape, as reported by the Special Rapporteur;
(e) The
continuing violations of the rights of children, in particular through the lack
of conformity of the existing legal framework with the Convention on the Rights
of the Child, through conscription of children into forced labour programmes,
through their military and sexual exploitation and through discrimination
against children belonging to ethnic and religious minority groups;
(f) The
escalation in the persecution of the democratic opposition, particularly
members and supporters of the National League for Democracy, as well as threats
of deportation, arrest and physical violence against Aung San Suu Kyi, and
the continued harassment, arrest and detention of National League for Democracy
and other democratic group activists, including elected representatives to the
Parliament, students, trade unionists and members of religious orders, for
peacefully exercising their rights to freedom of movement, expression, assembly
and association, the harsh long_term prison sentences imposed on National
League for Democracy supporters and at the Government's use of intimidatory
methods to force elected representatives and
National League for Democracy members to resign from their positions and
to dissolve their party offices;
(g) The
severe restrictions on the freedoms of opinion, expression, assembly and
association, the restrictions on citizens' access to information, including
censorship controls on all forms of domestic media and many international
publications, and the restrictions imposed on citizens wishing to travel within
the country and abroad, including the denial of passports on political grounds,
and gross interference in private life, family, home or correspondence;
5. Calls
upon the Government of Myanmar:
(a) To
establish a constructive dialogue with the United Nations system, including the
human rights mechanisms, for the effective promotion and protection of human
rights in the country;
(b) To
continue to cooperate with the Secretary_General or his representative and to
broaden this dialogue, including through providing access to any person deemed
appropriate by them, and to implement their recommendations;
(c) To
consider becoming a party to the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Convention on the Elimination of All Forms of
Racial Discrimination and the Convention relating to the Status of Refugees and
its Protocol;
6. Urges
the Government of Myanmar to cooperate fully, and without further delay, with
the Special Rapporteur, to allow him, without preconditions, to conduct a field
mission and to establish direct contacts with the Government and all other
relevant sectors of society, and thus to enable him fully to discharge his
mandate;
7. Strongly
urges the Government of Myanmar:
(a) To
implement fully the recommendations made by the Special Rapporteur;
(b) To
ensure full respect for human rights and fundamental freedoms, including
freedoms of expression, association, movement and assembly, the right to a fair
trial by an independent and impartial judiciary and the protection of the
rights of persons belonging to ethnic and religious minorities, and to put an
end to violations of the right to life and integrity of the human being, to the
practices of torture, abuse of women, forced labour and forced relocations and
to enforced disappearances and summary executions;
(c) To
take urgent and meaningful measures to ensure the establishment of democracy in
accordance with the will of the people as expressed in the democratic elections
held in 1990 and, to this end, to engage immediately and unconditionally in a
genuine and substantive dialogue with the leaders of political parties,
including Aung San Suu Kyi, and of ethnic minorities with the aim of achieving
national reconciliation and the restoration of democracy, and to ensure that
political parties and non-governmental organizations can function freely, and
in this context notes that the National League for Democracy has established a
committee to represent temporarily members of Parliament elected in 1990 who
are prevented by the authorities from exercising their democratic mandate
conferred on them by the people of Myanmar;
(d) To
take all appropriate measures to allow all citizens to participate freely in
the political process, in accordance with the principles of the Universal
Declaration of Human Rights, and to accelerate the process of transition to
democracy, in particular through the transfer of power to democratically
elected representatives;
(e) To
release immediately and unconditionally those detained for political reasons,
including those in “government guest houses”, and to ensure their physical
integrity and to permit them to participate in a meaningful process of national
reconciliation;
(f) Urgently
to improve conditions of detention and to allow the competent international
humanitarian organization to communicate freely and confidentially with
prisoners;
(g) To
ensure the safety and well-being of all political leaders, including Aung San
Suu Kyi, and to permit unrestricted communication with and physical access to
Aung San Suu Kyi and other political leaders;
(h) To
fulfil its obligations under the Convention on the Rights of the Child and
under the Convention on the Elimination of All Forms of Discrimination against
Women by bringing national legislation and practice into conformity with these
conventions;
(i) And
all other parties to the hostilities in Myanmar to respect fully their
obligations under international humanitarian law, including article 3 common to
the Geneva Conventions of 12 August 1949, to halt the use of weapons against
the civilian population, to protect all civilians, including children, women
and persons belonging to ethnic or religious minorities, from violations of
humanitarian law and to avail themselves of services offered by impartial
humanitarian bodies;
(j) To
fulfil its obligations as a State party to the Forced Labour Convention, 1930
(No. 29) and to the Freedom of Association and Protection of the Right to
Organize Convention, 1948 (No. 87) of the International Labour Organization and
to cooperate with the International Labour Organization, in particular by
implementing the conclusions of the Commission of Inquiry;
(k) To
cease the laying of landmines, in particular as a means of ensuring forced
relocation, and to desist from the forced conscription of civilians to serve as
human minesweepers, as indicated in the report of the Commission of Inquiry;
(l) To
end the enforced displacement of persons and other causes of refugee flows to
neighbouring countries and to create conditions conducive to their voluntary
return and full reintegration in safety and dignity, including returnees who
have not been granted rights of full citizenship, in close cooperation with the
international community, through the United Nations system and its
specialized agencies, governmental and intergovernmental organizations, as well
as non-governmental organizations;
(m) To
fulfil its obligations to end impunity of perpetrators of human rights violations,
including members of the military, and to investigate and prosecute alleged
violations committed by government agents in all circumstances;
8. Decides:
(a) To
extend the mandate of the Special Rapporteur, as contained in Commission
resolution 1992/58 of 3 March 1992, for a further year, and requests the
Special Rapporteur to submit an interim report to the General Assembly at
its fifty-fourth session and to report to the Commission at its fifty-sixth
session, and to keep a gender perspective in mind when seeking and analysing
information;
(b) To
request the Secretary_General to continue to give all necessary assistance to
the Special Rapporteur to enable him to discharge his mandate fully, and to
pursue all efforts to ensure that the Special Rapporteur is authorized to visit
Myanmar;
(c) To
request the Secretary_General to continue his discussions with the Government
on the situation of human rights and the restoration of democracy and with
anyone he may consider appropriate in order to assist in the implementation of
General Assembly resolution 53/162 and of the present resolution;
(d) To
request the United Nations High Commissioner for Human Rights to cooperate
with the Director_General of the International Labour Office with a view to
identifying ways in which their offices might usefully collaborate for the
improvement of the human rights situation in Myanmar;
(e) To
request the Secretary_General to bring the present resolution to the attention
of all relevant parts of the United Nations system;
(f) To
continue its consideration of this question at its
fifty_sixth session.
52nd
meeting
23
April 1999
[Adopted
without a vote. See chap. IX.]
1999/18. The situation of human rights in the Federal Republic of
Yugoslavia (Serbia and Montenegro), the Republic of Croatia
and Bosnia and Herzegovina
The Commission on Human Rights,
Recalling all
relevant resolutions on this subject, in particular its own resolution 1998/79
of 22 April 1998, as well as all relevant resolutions and statements of the
Security Council,
Expressing its full support for
the General Framework for Peace in Bosnia and Herzegovina (the “Framework
Agreement”) and the annexes thereto (together, the “Peace Agreement”) which, inter
alia, committed the parties in Bosnia and Herzegovina to respect fully
human rights, and for the Basic Agreement on the Region of Eastern Slavonia,
Baranja and Western Sirmium,
Reaffirming the
territorial integrity of all States in the region, within their internationally
recognized borders,
Taking note of
the reports of the Special Rapporteur of the Commission on Human Rights on the
situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, together, the
countries of the mandate,
Taking note also of
the final decision of 5 March 1999 of the arbitration tribunal on Brcko and
noting the obligation of the Federation and Republika Srpska entities of Bosnia
and Herzegovina to implement the award fully, including with respect to
enabling minority refugee returns in both entities,
Expressing its appreciation for
the ongoing important work of the Office of the United Nations High
Commissioner for Human Rights and its field operation in the region,
Shocked and horrified by
ongoing massacres and other brutal repressive measures committed by Serbian
security and paramilitary forces in Kosovo with the intent of ethnic cleansing,
in clear violation of international human rights standards and international
humanitarian law and resulting in the loss of lives and a massive humanitarian
tragedy affecting the entire region,
Mindful in
this context that development of early warning procedures to identify patterns
of gross and persistent violations of human rights in a systematic way could
contribute to conflict prevention and the full enjoyment of all human rights by
all,
I. Introduction
1. Stresses
once again the crucial role that progress in promoting and protecting human
rights has to play in the success of the Peace Agreement and underlines the
obligations of the parties under the Framework Agreement to secure for all
persons within their jurisdiction the highest level of international norms and
standards of human rights and fundamental freedoms;
2. Stresses
the need to focus international human rights efforts in the countries of the
mandate on the core problems of:
(a) Lack
of full respect for the human rights of all individuals, without any
distinction;
(b) Massive
forced expulsions and obstruction of return of refugees and displaced persons
to their homes in safety and in dignity, and return to them of property and
occupancy rights of which they were deprived;
(c) Lack
of resources for capacity_building in the areas of rule of law and
administration of justice, and lack of independence of the judiciary;
(d) Lack
of respect for the freedoms of expression and association and for the freedom
and independence of the media;
(e) Continuing
obstruction of the work of the International Criminal Tribunal for the Former
Yugoslavia;
(f) Missing
persons;
3. Appeals
once more to the international community to support such efforts in the
promotion and protection of human rights and insists that the parties act to
promote and protect democratic institutions of government, the rule of law and
effective administration of justice at all levels in their respective
countries, to further ensure freedom of expression and of the media, to allow
and encourage freedom of association, including with respect to political
parties, to provide appropriate protection and assistance to refugees and
displaced persons until they are able to return to their homes in safety and in
dignity and to foster a culture of respect for human rights;
4. Requests
the United Nations High Commissioner for Human Rights and the Secretary_General
to take concerted action with the assistance of the international community to
develop early_warning procedures in the field of human rights with a view to
identifying situations that could lead to conflict or humanitarian tragedy, and
requests the High Commissioner and the Secretary_General to report to the
Commission on Human Rights at its fifty_sixth session on their efforts;
II. Federal Republic of Yugoslavia (Serbia
and Montenegro)
5. Expresses
its grave concern at the ongoing serious violations of human rights and the
deteriorating human rights and humanitarian situation in the Federal Republic
of Yugoslavia (Serbia and Montenegro) caused by the repressive policies and
measures of the authorities of the Federal Republic of Yugoslavia (Serbia and
Montenegro) at all levels, including the highest leaders, and also of authorities
at all levels in Serbia;
6. Condemns
the continued repression of the independent media, the passage of the Serbian
Law on Public Information and, in particular, the slaying of Mr. Slavko
Curuvija, publisher and director of the Belgrade Dnevni Telegraf,
and also the forcible closing of independent newspapers and radio stations;
7. Regrets
that the Federal Republic of Yugoslavia (Serbia and Montenegro) has not
complied with the recommendations of the Personal Representative of the
Chairman-in-Office of the Organization for Security and Cooperation in Europe
regarding fostering democracy and the rule of law;
8. Also
regrets the express refusal of the Federal Republic of Yugoslavia (Serbia
and Montenegro) to allow a visit by the Special Rapporteur on extrajudicial,
summary or arbitrary executions;
9. Calls
upon authorities in the Federal Republic of Yugoslavia (Serbia and
Montenegro):
(a) To
comply with all previous resolutions of the Commission and with the
recommendations contained in the reports of the Special Rapporteur and to
cooperate with other relevant mechanisms of the Commission;
(b) To
comply fully with its obligation to cooperate with the International Criminal
Tribunal for the Former Yugoslavia;
(c) To
institutionalize democratic norms of governance, especially in regard to
respect for the principle of free and fair elections, the rule of law, the
administration of justice, the promotion and protection of free and independent
media and full respect for human rights and fundamental freedoms,
and calls upon the authorities in the
Federal Republic of Yugoslavia (Serbia and Montenegro) specifically to repeal
repressive laws on universities and the media;
(d) To
end torture and other cruel, inhuman or degrading treatment or punishment of
persons in detention, as documented in the reports of the Special Rapporteur
and other reports, and to bring those responsible to justice;
(e) To
repeal the 1989 Serbian Law on Special Conditions for Real Property
Transactions and the 1998 Serbian Law on Public Information and to apply all
other legislation without discrimination;
(f) To
respect the rights of all persons belonging to minority groups, especially in
the Sandjak and Vojvodina, including the Hungarian and Croatian national
minorities, and equally of persons belonging to the Muslim minority and to the
Bulgarian national minority, and to support the unconditional return of the
long-term missions of the Organization for Security and Cooperation in Europe,
as called for by the Security Council in its resolutions 855 (1993) of 9 August
1993 and 1160 (1998) of 31 March 1998;
10. Welcomes
positive developments in Montenegro with regard to the democratic process, in
particular to the freedom of the media and to the efforts to give shelter to
Kosovars;
11. Also
welcomes the selection by the Office of the United Nations High
Commissioner for Human Rights of nine organizations from civil society to
participate in the Assisting Communities Together Programme;
12. Calls
upon the international community:
(a) To
help the countries of the mandate establish appropriate safeguards to ensure
the security and fair treatment upon return of those who sought temporary
protection and asylum, including appropriate measures by Governments, such as
legal guarantees and follow-up mechanisms, to ensure the right of all those
persons to return to their homes in the Federal Republic of Yugoslavia (Serbia
and Montenegro) in safety and dignity;
(b) To
continue to support existing national democratic forces and non-governmental
organizations in their efforts to build a civil society and achieve multi-party
democracy in the Federal Republic of Yugoslavia (Serbia and Montenegro), and to
provide resources for capacity_building in the administration of justice;
III. Kosovo
13. Calls
upon the authorities of the Federal Republic of Yugoslavia (Serbia and
Montenegro), especially its President and the political leadership:
(a) To
ensure a verifiable stop to all military action and the immediate ending of
violence and repression against the civilian population of Kosovo;
(b) To
ensure the withdrawal from Kosovo of all military, Ministry of Interior police
and paramilitary forces;
(c) To
agree to the stationing of an international military peacekeeping presence;
(d) To
agree to the voluntary, unconditional return of all internally displaced
persons and refugees in safety and dignity and to provide unhindered access to
them by humanitarian aid organizations;
(e) To
work, on the basis of the Rambouillet agreements, on the establishment of a
political framework agreement for Kosovo, in conformity with international law
and the Charter of the United Nations;
14. Condemns
the grave, horrendous and ongoing war crimes and abuses of human rights in
Kosovo, especially the violent repression of non-violent expression of
political views, systematic terrorization of ethnic Albanians and others,
torture, deaths in detention, summary executions and illegal detention of
ethnic Albanian citizens, widespread destruction of homes, property and
villages, and systematic targeting of the civilian population of Kosovo by
Serbian forces, resulting in mass forced displacement, expulsion, rape and
harsh living conditions of the civilian population, as well as the harassment,
intimidation and closure of independent media outlets in Kosovo by the Serbian
authorities;
15. Also
condemns the escalation of the Serbian military offensive against the
civilian population of Kosovo in recent weeks, which has led to further ethnic
cleansing in the region, massacres and gross violations of international human
rights and international humanitarian law inflicted upon the Kosovars,
including destruction of personal identity documents, records, further
destruction of houses and property, as well as agricultural capacity, with the
aim of preventing their return, deplores the recent discovery of mass graves
and condemns harassment and obstruction of humanitarian aid delivery from any
quarter;
16. Underscores
the grave concern of Member States regarding ethnic cleansing, war crimes and
crimes against humanity;
17. Condemns
abuses by elements of the Kosovo Liberation Army, in particular killings in
violation of international humanitarian law, enforced disappearances and
abduction and detention of Serbian police, as well as Serb and Albanian
civilians;
18. Emphasizes
that those found responsible for serious violations of international
humanitarian law, other war crimes and crimes against humanity will be held accountable
by the international community and will not escape justice;
19. Insists
that the authorities of the Federal Republic of Yugoslavia (Serbia and
Montenegro) and the ethnic Albanian leadership in Kosovo condemn acts of
terrorism, refrain from all acts of violence, encourage the pursuit of
political ends through peaceful means, act with respect for the rights and
dignity of all persons belonging to minority groups and respect international
human rights standards and international humanitarian law;
20. Also
insists that the Government of the Federal Republic of Yugoslavia (Serbia
and Montenegro) implement a ceasefire, demilitarize the province and cooperate
with the implementation force as demanded by the Contact Group, respect the
democratic process and act immediately to make possible the establishment of
genuine democratic self-governance in Kosovo, especially by acceptance of a
settlement on the basis of the Rambouillet agreements, with representatives of
the ethnic Albanian community, and ensure that all the residents of the region
are guaranteed equal treatment and protection regardless of ethnic affiliation,
and calls upon all individuals or groups in Kosovo to resolve the crisis there
through peaceful means;
21. Insists
that the Government of the Federal Republic of Yugoslavia (Serbia and
Montenegro):
(a) Take
immediate action, in view of the escalating violence in Kosovo, to put an end
to the continuing repression of and prevent violence against the ethnic
Albanian population and other communities living in Kosovo, as well as to end
torture, beatings, brutality, warrantless searches, arbitrary detention, unfair
trials and arbitrary, unjustified evictions and dismissals, large_scale
demolition of houses and scorched earth tactics;
(b) Release
all political detainees, guarantee the right to voluntary return in safety and
dignity of all refugees and displaced persons to Kosovo and respect fully all
human rights and fundamental freedoms, including freedom of the press, including
for the Albanian_language media, freedom of expression or assembly, freedom of
movement and freedom from discrimination in the field of education and
information and, in particular, improve the situation of ethnic Albanian women
and children;
(c) Allow
the establishment of democratic institutions in Kosovo;
(d) Abide
by its international obligations under common article 3 of the Geneva
Conventions of 12 August 1949;
(e) Cooperate
with international humanitarian organizations in dealing with the issue of
missing persons in Kosovo and also ensure that non_governmental organizations
may operate freely without harassment or unduly burdensome requirements;
22. Welcomes
the recent initiative of the High Commissioner to investigate human rights
violations and atrocities committed in Kosovo, and requests that the Special
Rapporteur, the Personal Representative of the High Commissioner and the
Office of the United Nations High Commissioner for Human Rights investigative
teams cooperate to the extent appropriate with the international bodies charged
with bringing those responsible for these crimes to justice;
23. Calls
upon the authorities in Belgrade to work closely with and support the
mission to Kosovo of the personal representative of the Chairman_in-Office of
the Organization for Security and Cooperation in Europe;
24. Emphasizes
once again that improvement in the promotion and protection of human rights
and fundamental freedoms in Kosovo, as well as in
the rest of its territory, will
assist the Federal Republic of Yugoslavia (Serbia and Montenegro) in
establishing a full range of relations with the international community;
25. Expresses
grave concern over the overwhelming humanitarian crisis in Kosovo and the
forced expulsion of hundreds of thousands of Kosovar Albanians, which has
placed a massive burden on the surrounding countries, calls upon the
international community to take immediate efforts to relieve this burden,
expresses its appreciation to those countries that have offered assistance or
that have offered to accept refugees, commends the Office of the United Nations
High Commissioner for Refugees and other humanitarian organizations for their
response to this crisis and encourages the international community to
strengthen its actions, especially in the field of coordination of all
humanitarian efforts;
IV. Republic of Croatia
26. Welcomes
the cooperation of the Government of the Republic of Croatia with the Special
Rapporteur and takes note of the request of the Government of the Republic of
Croatia for technical cooperation and assistance programmes and of the positive
response thereto by the United Nations High Commissioner for Human Rights,
urges the Government and the Office of the United Nations High Commissioner for
Human Rights to conclude an agreement as soon as possible and looks forward to
the effects of those programmes on the situation of human rights and the rule
of law;
27. Calls
upon the Government of the Republic of Croatia to undertake greater efforts
to adhere to democratic principles including through legislation and
implementation of electoral reform and to continue its efforts to attain the
highest level of compliance with international norms and standards of human
rights and fundamental freedoms, in particular the rights of persons belonging
to minority groups, especially by:
(a) Full
and fair implementation of its Programme for the Return and Accommodation of
Displaced Persons, Refugees and Resettled Persons and its programme for the reconstruction of
war-affected settlements and its earlier Programme on the Establishment of
Confidence, Acceleration of Return and Normalization of Life in the
War_affected Areas and continuing cooperation with the United Nations High
Commissioner for Refugees, with the civilian police monitors in Croatia
mandated by the Organization for Security and Cooperation in Europe and with
other relevant organizations to that end, as well as by dialogue and
cooperation between the Government of the Republic of Croatia and the
Government of Bosnia and Herzegovina and through it with the Republika Srpska;
(b) Full
cooperation with and implementation of the recommendations of the international
organizations operating in the Republic of Croatia, in particular the Office of
the United Nations High Commissioner for Human Rights and the Organization for
Security and Cooperation in Europe operations in Eastern Slavonia, Baranja and
Western Sirmium and in former United Nations protected areas, especially by respecting
the human rights, including the property rights, of all and:
(i) Ending
incidents of harassment, looting and physical attacks against displaced Serbs
and other minorities, and speedily arresting those committing or instigating
such acts aimed at preventing the return of Croatian Serbs or others to their
homes and, in particular, fully investigating allegations of individual
involvement by Croatian police or members of the military, whether on or off
duty;
(ii) Ensuring
the non-discriminatory application of the amnesty law and by developing and
strengthening all possible measures for confidence_building, including by
providing regular information to the International Criminal Tribunal for the
Former Yugoslavia about domestic war crimes prosecutions;
(iii) Ending
any form of discrimination by Croatian authorities in the areas of property
rights, documentation of citizenship and identity, employment, education,
pension and health care, among others;
(c) Respecting
freedom of association and of the press, including by taking concrete steps to
allow for the establishment of independent media and full access by the
opposition to State electronic media channels and, in particular, by ceasing
harassment of free and independent media;
(d) Respecting
the right of non-governmental organizations to operate without restrictions,
and welcomes in this regard the establishment of a government office for
cooperation with non-governmental organizations and a continuation of this
dialogue;
(e) Undertaking
serious judicial reform and guaranteeing the independence of the judiciary;
(f) Within
the context of obligations undertaken with the Council of Europe and the
Organization for Security and Cooperation in Europe, pursuit of the equal
application of the law to all citizens, irrespective of ethnicity, religion or
political affiliation, the swift and complete implementation of judicial
decisions and implementation of the Convention for the Protection of Human
Rights and Fundamental Freedoms in all governmental practices;
(g) Continuing
to fulfil the rights and guarantees pledged in its letter of 13 January 1997
addressed to the President of the Security Council concerning the completion of
the peaceful reintegration of the region under the United Nations Transitional
Administration for Eastern Slavonia, Baranja and Western Sirmium into the Republic of Croatia (S/1997/27), inter
alia, the pledge to guarantee representation of Serbs at various levels of
local, regional and national government;
(h) Continuing
its cooperation with the Special Rapporteur and complying with all his
recommendations and cooperating also with the Croatian Ombudsman;
28. Endorses
the recommendations of the Special Rapporteur in his report (E/CN.4/1999/42,
paras. 72_78) in particular that:
(a) The
Government foster the return of Serbs to their former homes;
(b) The
judiciary be provided with adequate resources and court proceedings be open to
the public;
(c) Labour
rights cases be promptly and fairly resolved;
(d) Affirmative
measures be taken to improve the representation of women in decision‑making
positions;
(e) Due
attention be paid to the importance of free political debate in a democratic
society;
29. Calls
upon the international community:
(a) To
support the involvement of the High Commissioner for Human Rights in human
rights monitoring in the region of Eastern Slavonia, in close cooperation with
other international organizations and in close consultation with the Government
of the Republic of Croatia;
(b) To
continue to provide for an international presence, as recommended by the
Special Rapporteur, through support of initiatives advanced by the High
Commissioner for Human Rights, the Organization for Security and Cooperation in
Europe, the Council of Europe, the European Community Monitoring Mission and
other international organizations, including the programme of technical
cooperation envisaged by the Office of the United Nations
High Commissioner for Human Rights;
V. Bosnia and Herzegovina
30. Takes
note of the progress made in some areas of Bosnia and Herzegovina in
implementation of the Peace Agreement and improvement in respect for human
rights, and commends the High Representative in this regard;
31. Expresses
its serious concern about continuing human rights violations within Bosnia
and Herzegovina and continuing obstruction of the full implementation of the
human rights provisions of the Peace Agreement;
32. Emphasizes
once more that the primary responsibility for ensuring the progressive
achievement of democratic goals and building a tolerant, multi‑ethnic
society lies with the people of Bosnia and Herzegovina, in particular through
the central Government and the governments of both entities, as well as
through, inter alia, municipal and cantonal authorities, religious
communities, humanitarian organizations and non‑governmental
organizations;
33. Underlines
the obligation of the authorities of Bosnia and Herzegovina at all levels to
implement the arbitration decision for Brcko and the recommendations and
decisions of the High Representative and the decisions of the Commission on
Human Rights for Bosnia and Herzegovina and its two parts, the Office of the
Human Rights Ombudsman and the Human Rights Chamber, and the decisions of the
Commission on Real Property Claims of Displaced Persons;
34. Calls
upon all parties to cease obstruction of the work of the common
institutions of Bosnia and Herzegovina;
35. Condemns
in the strongest terms the intimidation and perpetration of violence
against minority refugees and internally displaced persons returning to their
homes, the destruction of their homes and all other acts designed to discourage
their voluntary return, and calls for the authorities to conduct vigorous
investigations to determine responsibility for such acts and to ensure that the
perpetrators are brought to justice;
36. Calls
upon, in this context, officials of Bosnia and Herzegovina, including those
of the Republika Srpska and the Federation, to cooperate with relevant
international humanitarian agencies and their neighbours to facilitate such
voluntary returns;
37. Endorses
the recommendations of the Special Rapporteur in his report (ibid., paras.
29_35), especially that:
(a) Authorities
and political leaders cease undermining efforts to ensure the right to return
and, to that end, that divisions along ethnic lines be eliminated, manipulation
of returnees and displaced persons be stopped and high priority given to the
situation of “floaters” in Banja Luka and other municipalities in the Republika
Srpska;
(b) Local
actors, including non_governmental organizations, should be more involved in
human rights work;
38. Emphasizes
the views of the General Assembly, contained in paragraphs 18 and 19 of its
resolution 53/163 of 9 December 1998, concerning the voluntary return of
refugees and internally displaced persons and on cooperation with the Office of
the High Representative, the Commission for Real Property Claims of Displaced
Persons and the Office of the United Nations High Commissioner for Refugees;
VI. International Criminal Tribunal for the
Former Yugoslavia
39. Calls
upon all States and, in particular, all parties to the Peace Agreement,
especially the Government of the Federal Republic of Yugoslavia (Serbia and
Montenegro), to meet their obligations to cooperate fully with the Tribunal,
noting that there is no valid constitutional or statutory reason for failure to
cooperate, and urges all States and the Secretary‑General to support the
Tribunal to the fullest extent possible, in particular by helping to ensure
that persons indicted by the Tribunal stand trial before it and by continuing
to make available to the Tribunal, as a matter of urgency, adequate resources
to aid in the fulfilment of its mandate;
40. Calls
upon all indicted persons to surrender voluntarily to the custody of the
Tribunal, as required by the Peace Agreement;
41. Welcomes
the decision by the Prime Minister of the Republika Srpska to allow the
Tribunal to open an office in Banja Luka and urges the government of the
Republika Srpska to fulfil its clear legal obligations, including full
cooperation with the Tribunal as it has promised;
42. Urges
all parties, including the Government of Croatia, to respect the “rules of the
road”, agreed in Rome on 18 February 1996, including through submission of
cases to the Prosecutor of the Tribunal under the “rules of the road”;
43. Urgently
calls once again upon the competent authorities in Bosnia and Herzegovina,
including those of the Federation and in particular in the Republika Srpska,
and the Governments of the Republic of Croatia and the Federal Republic of
Yugoslavia (Serbia and Montenegro) to apprehend and surrender for prosecution
all persons indicted by the Tribunal, as required by Security Council
resolution 827 (1993) of 25 May 1993 and the statement by the President of the
Security Council on 8 May 1996;
44. Notes
with dismay that the large majority of those indictees still at large,
including Radovan Karadzic, Ratko Mladic and Milan Martic, appear to be living
in the Republika Srpska or the Federal Republic of Yugoslavia (Serbia and
Montenegro) while Zeljko Raznatovic, known as “Arkan”, and the “Vukovar three”
are known to be present in the territory of the Federal Republic of Yugoslavia
(Serbia and Montenegro);
45. Stresses
the evidence that the most senior leaders of the Government of the Federal
Republic of Yugoslavia (Serbia and Montenegro) are responsible for the
continuing refusal of the Federal Republic of Yugoslavia (Serbia and
Montenegro) to meet its obligations to cooperate with the Tribunal and demands
that the authorities in the Federal Republic of Yugoslavia (Serbia and
Montenegro) comply with their obligation to cooperate with the Tribunal,
including with regard to events in Kosovo, on the basis of resolution 1160
(1998) of the Security Council and all its subsequent resolutions on the
subject, including 1207 (1998) of 17 November 1998, and commends the Office of
the Prosecutor of the Tribunal for its efforts to gather information relating
to the violence in Kosovo;
46. Demands,
in accordance with Security Council resolution 827 (1993) and the Statute of
the International Criminal Tribunal for the former Yugoslavia, that the
Federal Republic of Yugoslavia (Serbia and Montenegro) cooperate fully with the
International Criminal Tribunal for the former Yugoslavia and, in particular,
permit immediate access to all parts of the Federal Republic of Yugoslavia
(Serbia and Montenegro) including Kosovo, including by the prompt issuance of
requested visas to officials of the Tribunal to conduct investigations into
atrocities there and for any other purpose allowed under the Tribunal's
Statute;
47. Urges
all parties in the region to respect the primacy of the Tribunal in all cases
of war crimes, crimes against humanity, genocide and grave breaches of the
Geneva Conventions, and condemns the extra‑legal proceedings undertaken
by the Federal Republic of Yugoslavia (Serbia and Montenegro) against the
“Vukovar three”;
48. Calls
upon the international community to give the Tribunal every appropriate
help to bring into custody suspects indicted by it;
VII. Missing persons
49. Expresses
its satisfaction with the progress made in the exhumation of remains and
the identification of missing persons, particularly in Bosnia and Herzegovina,
but stresses that further progress and assistance of the international
community in all aspects, particularly with technical and financial resources,
is required;
50. Welcomes
the increased level of cooperation in the joint exhumation process in Bosnia
and Herzegovina with the Office of the High Representative and the
International Commission on Missing Persons in the Former Yugoslavia and urges
that the cooperation continue;
51. Insists
that the Federal Republic of Yugoslavia (Serbia and Montenegro) authorities and
Kosovar Albanians cooperate with international humanitarian organizations in
dealing with the issue of missing persons in Kosovo;
VIII. Special Rapporteur
52. Takes
note with appreciation of the report of the Special
Rapporteur (E/CN.4/1999/42);
53. Decides
to renew for one year the mandate of the Special Rapporteur on the situation of
human rights in Bosnia and Herzegovina,
Croatia and the Federal Republic of Yugoslavia;
54. Requests
the Special Rapporteur, in addition to the activities mandated in its
resolutions 1994/72 of 9 March 1994, 1996/71 of 23 April 1996 and 1997/57 of 15
April 1997:
(a) To
work vigorously in support of the initiative of the United Nations High
Commissioner for Human Rights to investigate human rights violations and
atrocities committed in Kosovo;
(b) To
pay particular attention to discrimination against persons belonging to ethnic
minorities and displaced persons, refugees and returnees who fall within his
mandate, with specific reference to their economic, social and cultural rights;
(c) To
address human rights issues that transcend the borders between the States
covered by his mandate and which can be addressed only through concerted action
in more than one country;
(d) To
work with the High Commissioner for Human Rights on behalf of the United
Nations in dealing with the question of missing persons and to include in his
report to the Commission information about activities concerning missing
persons in the former Yugoslavia;
55. Requests
that the Special Rapporteur carry out missions to:
(a) Bosnia
and Herzegovina, including the Republika Srpska;
(b) The
Republic of Croatia, including Eastern Slavonia, Baranja and Western Sirmium;
(c) The
Federal Republic of Yugoslavia (Serbia and Montenegro), including to Kosovo, as
well as to Sandjak and Vojvodina;
56. Requests
the Special Rapporteur to report to the Commission at its fifty‑sixth
session on the work carried out in fulfilment of his mandate, and to make
interim reports as appropriate about his work in support of the Kosovo
initiative of the High Commissioner, and to present interim reports to the
General Assembly at its fifty‑fourth session;
57. Requests
the Secretary‑General to continue to make the Special Rapporteur's
reports available to the Security Council, to the Organization for Security and
Cooperation in Europe and to other international organizations concerned with
human rights and humanitarian questions;
58. Urges
the Secretary‑General, within existing resources, to make all necessary
resources available for the Special Rapporteur to carry out his mandate
successfully and, in particular, to provide him with adequate staff based in
those territories to ensure effective continuous monitoring of the human rights
situation in the countries of the mandate and coordination with
other international organizations
involved.
52nd
meeting
23
April 1999
[Adopted
by a roll_call vote of 46 votes to 1,
with
6 abstentions. See chap. IX.]
1999/19. Situation of human rights in Equatorial Guinea
and assistance in the field of human rights
The Commission on Human Rights,
Recalling its
resolution 1998/71 of 21 April 1998,
Guided by the principles embodied in
the Charter of the United Nations, the Universal Declaration of Human
Rights and the International Covenants on Human Rights,
Reaffirming that all
States have an obligation to promote and protect human rights and fundamental
freedoms and to fulfil the obligations they have undertaken under the various
international instruments in this field,
Considering that, since
the adoption by the Economic and Social Council of its decision 1993/277 on 28
July 1993 and the appointment of Mr. Alejandro Artucio as Special
Rapporteur of the Commission on Human Rights, the Government of Equatorial
Guinea has benefited from the advisory services of the Office of the United
Nations High Commissioner for Human Rights and that the Special Rapporteur has
visited the country nine times, as indicated in his reports (E/CN.4/1996/67 and
Add.1, E/CN.4/1997/54, E/CN.4/1998/73 and Add.1 and E/CN.4/1999/41),
Noting that Equatorial Guinea is a
party to the International Covenant on Economic, Social and Cultural Rights,
the International Covenant on Civil and Political Rights and the Optional
Protocols thereto, the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the Child,
Welcoming the
political will on the part of the Government of Equatorial Guinea to continue
to make progress in the situation of human rights and fundamental freedoms and
its pledge to take definitive steps in this direction, as a priority in its
programme of good governance,
Noting the continuing existence of
deficiencies and conditions that lead to violations and abuses of human rights,
Noting also that the
Government and the opposition political parties had renewed their dialogue
after the April 1997 agreements and that the participation of the latter in the
national political life has to be enlarged, so that the transition process to
democracy can succeed,
Noting with interest the efforts
of the Government of Equatorial Guinea to establish, in cooperation with
international non_governmental organizations, a centre for the promotion of
human rights and democracy to strengthen the national capacity to promote human
rights,
Recalling that
international cooperation in the field of human rights is one of the purposes
of the Charter of the United Nations, and welcoming the stated willingness of
the Government of Equatorial Guinea to continue to cooperate with the Office of
the United Nations High Commissioner for Human Rights,
1. Expresses
its gratitude to the Special Rapporteur and welcomes his report
(E/CN.4/1999/41), as well as the understanding, assistance and cordiality which
the authorities of Equatorial Guinea have extended to him in the discharge of
his mandate;
2. Encourages
the Government of Equatorial Guinea to ensure the independence and
effectiveness of the national commission on human rights, in accordance with
the Principles relating to the status of national institutions for the
promotion and protection of human rights, and to authorize the public
registration and freedom of activity of non_governmental organizations in the
fields of human rights and social affairs;
3. Recognizes
that the elections held on 6 March 1999 were organized and conducted in a
peaceful and calm atmosphere but takes note with concern that some flaws and
irregularities were observed during the electoral process, and therefore calls
upon the Government of Equatorial Guinea to continue the dialogue with all
political parties and to ensure the independence and effectiveness of the
national electoral commission, so as to guarantee fair, transparent and
democratic conditions in the future;
4. Encourages
the Government of Equatorial Guinea to strengthen its efforts to improve the
conditions of prisoners and detainees, in accordance with the recommendations
of the Special Rapporteur;
5. Also
encourages the Government of Equatorial Guinea to pursue the efforts which
it has already undertaken to integrate women effectively into the process of
socio_economic, cultural and political development of the country;
6. Further
encourages the Government of Equatorial Guinea to promote the necessary
conditions for the full enjoyment of economic, social and cultural rights,
including the rights of the child;
7. Recommends
that the Government of Equatorial Guinea ratify the basic international human
rights instruments, in particular the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment and the International
Convention on the Elimination of All Forms of Racial Discrimination;
8. Encourages
the Government of Equatorial Guinea to strengthen further its efforts to
promote and protect human rights and fundamental freedoms as set out in its
programme of priorities in the fields of democracy, human rights and governance
and, in particular:
(a) To
strengthen its efforts to improve both the functioning of the judiciary and the
training of judges, prosecutors, lawyers, police and security forces, in order
to guarantee an independent and effective administration of justice, and to
limit military courts strictly to trying military offences committed by
military personnel;
(b) To
publish regularly laws, decrees and other governmental acts;
(c) To
reiterate its instructions to the forces of law and order not to order or make
arbitrary arrests and to respect the right of individuals to security, physical
integrity and freedom;
(d) To
take the necessary measures to avoid acts of torture and cruel, inhuman or
degrading treatment or punishment;
(e) To
strengthen its efforts to investigate and impose criminal and disciplinary
penalties on those responsible for violations of human rights;
9. Encourages
the Government of Equatorial Guinea and the Office of the United Nations High
Commissioner for Human Rights, in conjunction and with the support of the
United Nations Development Programme, to elaborate a comprehensive programme of
technical assistance in the field of human rights, in particular with a view to
enhancing the administration of justice and the capacity of the civil society,
and calls upon the international community to make contributions to the
relevant fund for this purpose;
10. Decides
to appoint a special representative of the Commission for one year and requests
him to monitor the situation of human rights in Equatorial Guinea and to report
to the Commission at its fifty_sixth session, keeping in mind the need to apply
a gender perspective in the reporting process, including in collecting
information and making recommendations;
11. Requests
the Special Representative to include in his/her report recommendations on the
implementation of the programme of technical assistance, with particular
emphasis on human rights, the administration of justice and the legislative
reforms and the strengthening of the capacity of non_governmental
organizations, as well as other groups of the civil society;
12. Requests
the Secretary_General to give the Special Representative all necessary
assistance to enable him/her to discharge the mandate fully;
13. Decides
to continue its examination of the situation of human rights in Equatorial
Guinea at its fifty_sixth session;
14. Recommends
the following draft decision to the Economic and Social Council for adoption:
[For
the text, see chap. I, sect. B, draft decision 8.]
52nd
meeting
23
April 1999
[Adopted
without a vote. See chap. IX.]
1999/20. Situation of human rights in Rwanda
The Commission on Human Rights,
Guided by the Charter of the United
Nations, the Universal Declaration of Human Rights, the Convention on the
Prevention and Punishment of the Crime of Genocide and other applicable human
rights and humanitarian law standards,
Recalling its
resolution 1998/69 of 21 April 1998 and relevant previous resolutions and
noting General Assembly resolution 53/156 of 9 December 1998,
Reaffirming that the
promotion and protection of human rights are necessary for sustaining the
process of national reconstruction and reconciliation in Rwanda,
Taking into account the regional
dimension of the human rights issues in the Great Lakes region, while
underlining the primary responsibility of States for the promotion and
protection of human rights,
Noting with satisfaction the commitment
of the Government of Rwanda to promote and protect respect for human rights and
fundamental freedoms, as well as to eliminate impunity, the progress made
towards the development of a State governed on the basis of the rule of law,
and efforts undertaken to consolidate peace and stability and promote unity and
reconciliation,
Welcoming the progress
made by the Government of Rwanda in rebuilding the country's system of
administration of justice and the efforts made to address the problem of the
very large number of detainees awaiting trial,
1. Takes
note with appreciation of the report of the Special Representative of
the Commission on Human Rights on the situation of human rights in Rwanda
(E/CN.4/1999/33), the report of the United Nations High Commissioner
for Human Rights on the activities of the Human Rights Field
Operation in Rwanda (A/53/367, annex) and the report of
the United Nations High Commissioner for Human Rights pursuant to
paragraph 5 of General Assembly resolution 48/141 of 20 December 1993
(E/CN.4/1999/9);
2. Commends
the Government of Rwanda for the cooperation and assistance extended to the
Special Representative;
3. Welcomes
the continuing efforts of the Government of Rwanda to build a State based on
the rule of law and the guarantee of respect for human rights and fundamental
freedoms in accordance with the Universal Declaration
of Human Rights and other relevant international human
rights instruments;
4. Reiterates
its strong condemnation of the crime of genocide and the crimes against
humanity which were committed in Rwanda in 1994;
5. Reaffirms
that all persons who committed or authorized acts of genocide or other grave
violations of human rights and international humanitarian law are individually
responsible and accountable for those violations;
6. Expresses
concern that most of the perpetrators of the genocide and other gross
violations of human rights continue to evade justice;
7. Reiterates
its request that all States cooperate fully with the Government of Rwanda
and the International Tribunal for Rwanda in ensuring that all those
responsible for the crime of genocide, crimes against humanity and other grave
violations of human rights are brought to justice in accordance with
international principles of due process;
8. Notes
the efforts which the International Tribunal for Rwanda has made to improve its
performance and encourages further measures to enhance its efficiency;
9. Expresses
its concern over the effectiveness of the witness protection programme of
the International Tribunal for Rwanda and calls for the improvement of the
witness protection programme as a matter of urgency;
10. Notes
the indications of improvement in the human rights situation in Rwanda since
the last session of the Commission, expresses concern at continued violations
of human rights and international humanitarian law and urges the Government of
Rwanda to continue to investigate and prosecute such violations;
11. Recognizes
that the promotion and protection of human rights for all are essential for
achieving stability and security in the Great Lakes region;
12. Reiterates
its sympathy and solidarity with genocide survivors, commends the Government
of Rwanda for establishing a fund to assist them, commends those Governments
that have contributed to the fund and again urges the international community
to contribute generously;
13. Takes
note with great concern of:
(a) The
report of the International Commission of Inquiry (Rwanda) on the sale, supply
and shipment of arms and related material in the Great Lakes region of Central
Africa (S/1998/1096, annex);
(b) The
report of the Investigative Team of the Secretary_General (S/1998/581, annex)
and calls upon the Government of Rwanda to respond to this report;
14. Condemns
the illegal sale and distribution of arms and all other forms of assistance to
former members of the Rwandan armed forces, Interahamwe and other insurgent
groups which have a negative impact on human rights and undermine peace and
stability in Rwanda and the region;
15. Notes
that the Government of Rwanda is regrouping scattered rural populations in the
country, including in the north_west, and urges the Government of Rwanda to
respect human rights principles and to do its utmost to minimize any elements
of coercion in the implementation of the resettlement programme;
16. Reiterates
its concern at the conditions of detention in many communal detention centres
and some prisons in Rwanda, calls on the Government of Rwanda to continue in
its efforts to ensure that persons in detention are treated in a manner which
respects their human rights and emphasizes the need for greater attention and
resources to be directed to this problem, and again urges the international
community to assist the Government of Rwanda in this area;
17. Encourages
the continuing efforts of the Government of Rwanda to reduce the prison
population by releasing minors, elderly prisoners, prisoners suffering from
terminal illnesses and suspects with incomplete files who were detained for
their alleged involvement in genocide and other abuses of human rights, and
reaffirms the urgent need to complete a dossier for every detainee with a view
to identifying those who should be released immediately, early or
conditionally;
18. Encourages
the Government of Rwanda in its campaign of sensitization aimed at promoting
the rule of law, respect for human rights and reconciliation;
19. Welcomes
the continuation of domestic trials of those suspected of genocide and crimes
against humanity and the improvements that have been made in the trial process,
and encourages the Government of Rwanda, with the support of the international
community, to strengthen the capacity of the independent judicial system;
20. Urges
the Government of Rwanda and invites the International Tribunal for Rwanda to give utmost priority
to the prosecution and punishment of crimes of sexual violence committed
against women, in line with the recommendations of the Special Rapporteur on
violence against women, its causes and consequences, and welcomes the decision
of the International Tribunal for Rwanda to give a broad definition to acts of
sexual violence;
21. Welcomes
and encourages the deliberations now ongoing in Rwanda to determine new
mechanisms to handle the large caseload of detainees awaiting trial on genocide
and related charges in a more expeditious manner and in conformity with the law
and international human rights standards;
22. Reiterates
its appeal to the international community to provide financial and technical
assistance to the Government of Rwanda within a mutually agreed framework of
cooperation to help strengthen the protection of genocide survivors and
witnesses and the administration of justice, including with regard to adequate
access to legal representation, to prosecute those responsible for genocide and
other violations of human rights and to promote the rule of law in Rwanda, and
notes with appreciation assistance already provided by some members of the
donor community;
23. Welcomes
the proposal of the Government of Rwanda to ensure greater legal access of
women to their husbands' and parents' property, in particular through the
proposed Law on Matrimonial Property and Succession;
24. Commends
the Government of Rwanda on its continued efforts to improve the situation of
children and encourages it to continue further with these efforts, guided by a
concern for the best interests of children, as specified in the Convention on
the Rights of the Child;
25. Regrets
that no agreement could be reached on a new mandate for the Human Rights Field
Operation in Rwanda, which consequently led to the withdrawal of the Field
Operation from the country on 28 July 1998, leaving Rwanda with no
external independent human rights monitoring capacity, and encourages the
Government of Rwanda to seek the cooperation of Governments, the United Nations
High Commissioner for Human Rights and non_governmental organizations to
provide, within a mutually agreed framework of cooperation, financial and
technical support necessary for the reconstruction of human rights
infrastructure generally and the effective functioning of the National Human
Rights Commission in particular;
26. Welcomes
the adoption by the National Assembly of Rwanda of a bill creating the National
Human Rights Commission as provided for in the Basic Law of Rwanda and urges
the Government of Rwanda to take speedy and appropriate action to enable the
Commission to begin functioning independently and effectively, in accordance
with recognized international norms;
27. Encourages
the members of the National Human Rights Commission to organize as soon as
possible, with the assistance of the Special Representative, a round_table
meeting aimed at assisting the National Human Rights Commission to develop a
plan of action for the promotion and better protection of human rights in
Rwanda, urges the Government of Rwanda to work with the Special Representative
to facilitate this meeting and calls on the United Nations High
Commissioner for Human Rights and on the international community to provide all
necessary assistance within a mutually agreed upon framework of cooperation;
28. Encourages
the Government of Rwanda to provide its full support to the mandate of the
National Human Rights Commission to enable it to monitor human rights in the
country effectively and independently, in accordance with internationally
recognized norms;
29. Urges
the Government of Rwanda to work with interested Governments and the
United Nations High Commissioner for Human Rights to facilitate the
development of a national human rights monitoring capacity, including the
training of national human rights monitors;
30. Welcomes
the commitment of the Government of Rwanda to promoting national unity and
reconciliation, encourages the Government of Rwanda to continue its efforts in
that field, commends the establishment of the National Commission for Unity and
Reconciliation and urges that international support be provided to enable the
Commission to achieve its objectives;
31. Recommends
that the international community continue to provide development assistance for
the reconstruction and long_term stability of Rwanda;
32. Commends
the Special Representative for his work, decides to extend his mandate for a
further year, requests him to report to the General Assembly at its
fifty_fourth session and to the Commission on Human Rights at its fifty_sixth
session, in accordance with his mandate, and requests the High Commissioner for
Human Rights to provide him with such financial assistance as he may require;
33. Calls
for close regular consultation between the Special Representative and the
Government of Rwanda, the National Human Rights Commission, and all relevant
national institutions, regarding the functioning of the National Human Rights
Commission;
34. Recommends
the following draft decision to the Economic and Social Council for adoption:
[For
the text, see chap. I, sect. B, draft decision 9. ]
52nd
meeting
23
April 1999
[Adopted
without a vote. See chap. IX.]
1999/21.
Human rights and unilateral coercive measures
The Commission on Human Rights,
Recalling the purposes
and the principles of the Charter of the United Nations,
Reaffirming the
pertinent principles and provisions contained in the Charter of Economic Rights
and Duties of States proclaimed by the General Assembly in its resolution
3281 (XXIX) of 12 December 1974, in particular article 32 which declares that
no State may use or encourage the use of economic, political or any other type
of measures to coerce another State in order to obtain from it the
subordination of the exercise of its sovereign rights,
Recalling its
resolution 1998/11 of 9 April 1998 and noting General Assembly resolution
53/141 of 9 December 1998,
Taking note with interest of
the report of the Secretary_General on human rights and unilateral coercive
measures (E/CN.4/1999/44 and Add.1_2),
Recognizing and reiterating the
universal, indivisible, interdependent and interrelated character of all human
rights and, in this regard, reaffirming the right to development as an integral
part of all human rights,
Expressing its concern about the
negative impact of unilateral coercive measures in the field of international
relations, trade, investment and cooperation,
Recalling that the
World Conference on Human Rights called upon States to refrain from any
unilateral measure not in accordance with international law and the Charter of
the United Nations that creates obstacles to trade relations among States and
impedes the full realization of all human rights,
Deeply concerned that,
despite the recommendations adopted on this issue by the General Assembly and
United Nations conferences and contrary to general international law and the
Charter of the United Nations, unilateral coercive measures continue to be
promulgated and implemented with all their negative implications for the
social_humanitarian activities of developing countries, including their
extraterritorial effects, thereby creating additional obstacles to the full
enjoyment of all human rights by peoples and individuals,
1. Urges
all States to refrain from adopting or implementing unilateral measures not in
accordance with international law and the Charter of the United Nations, in
particular those of a coercive nature with extraterritorial effects, which
create obstacles to trade relations among States, thus impeding the full
realization of the rights set forth in the Universal Declaration of Human
Rights and other international human rights instruments, in particular the
right of individuals and peoples to development;
2. Rejects
the application of such measures as tools for political or economic pressure
against any country, particularly against developing countries, because of
their negative effects on the realization of all human rights of vast sectors
of their populations, inter alia children, women, the elderly, disabled
and ill people;
3. Reaffirms,
in this context, the right of all peoples to self_determination, by virtue of
which they freely determine their political status and freely pursue their
economic, social and cultural development;
4. Also
reaffirms that essential goods such as food and medicines should not be
used as tools for political coercion, and that under no circumstances should
people be deprived of their own means of substance and development;
5. Underlines
that unilateral coercive measures are one of the major obstacles to the
implementation of the Declaration on the Right to Development and, in this
regard, calls upon all States to avoid the unilateral imposition of economic
coercive measures and the extraterritorial application of domestic laws which
run counter to the principles of free trade and hamper the development of
developing countries, as recognized by the Intergovernmental Group of Experts
on the Right to Development in its most recent report;
6. Invites
the new open_ended working group on the right to development, which will meet
after the fifty_fifth session of the Commission on Human Rights, to give due
consideration to the question of human rights and the negative impact of
unilateral coercive measures;
7. Invites
all Special Rapporteurs and existing thematic mechanisms of the Commission in
the field of economic, social and cultural rights to pay due attention, within
the scope of their respective mandates, to the negative impact and consequences
of unilateral coercive measures;
8. Decides
to give due consideration to the negative impact of unilateral coercive
measures in its task concerning the implementation of the right to development;
9. Requests:
(a) The
United Nations High Commissioner for Human Rights, in discharging her functions
in relation to the promotion, realization and protection of the right to
development, to pay due attention and give urgent consideration to the present
resolution;
(b) The
Secretary_General to bring the present resolution to the attention of all
Member States and seek their views and information on the implications and
negative effects of unilateral coercive measures on their populations, and to
submit a report thereon to the Commission on Human Rights at its fifty_sixth
session;
10. Decides
to examine this question, on a priority basis, at its
fifty_sixth session under the same agenda item.
52nd
meeting
23
April 1999
[Adopted
by a roll-call vote of 37 votes to 10,
with
6 abstentions. See chap. X.]
1999/22. Effects on the full enjoyment of human
rights of the
economic adjustment policies arising from foreign
debt and, in particular, on the implementation of
the Declaration on the Right to Development
The Commission on Human Rights,
Recalling that the
purpose of the Universal Declaration of Human Rights is the full promotion and
protection of human rights and fundamental freedoms,
Reaffirming the
Declaration on the Right to Development, adopted by the General Assembly in its
resolution 41/128 of 4 December 1986, and the
resolutions and decisions adopted by the United Nations
in connection with the problem of the foreign debt of the developing countries,
particularly Commission resolution 1998/24 of 17 April 1998,
Bearing in mind that the
absolute amounts attained by the foreign debt and debt service of the
developing nations indicate the persistent seriousness of this situation, that
the latest episodes of financial crisis in Asia and other regions have caused
this situation to deteriorate further, and that the foreign debt burden is
becoming increasingly unbearable for a considerable number of developing
countries,
Aware that the serious problem of
the foreign debt burden remains one of the most critical factors adversely
affecting economic, social, scientific and technical development and living
standards in many developing countries, with serious effects of a social
nature,
Noting the inter_institutional
meeting of the United Nations High Commissioner for Human Rights with the Secretary_General
of the United Nations Conference on Trade and Development, the heads of the
International Labour Organization, the World Health Organization and the World
Trade Organization, representatives of the International Monetary Fund and the
World Bank, other United Nations specialized agencies and the special
rapporteurs or experts of the Commission dealing with foreign debt related
issues;
Stressing that the
economic globalization process creates new challenges, risks and uncertainties
for the implementation and consolidation of development strategies,
Expressing its concern that,
despite repeated rescheduling of debt, developing countries continue to pay out
more each year than the actual amount they receive in official development
assistance,
Acknowledging that, in
spite of the fact that debt reduction schemes have helped reduce debt, many
highly indebted poor countries are still left with the bulk of their debt,
Considering that the
measures for alleviating the debt problem, of both official and private origin,
have not achieved an effective, equitable, development_oriented and durable
solution to the outstanding debt and debt service of a large number of
developing countries, especially the poorest and heavily indebted countries,
Bearing in mind the
relationship between the heavy foreign debt burden and the considerable
increase in poverty which is apparent at the world level and is especially
large in Africa,
Recognizing that foreign
debt constitutes one of the main obstacles preventing the developing countries
from fully enjoying their right to development,
1. Stresses
that structural adjustment policies have serious implications for the ability
of the developing countries to abide by the
Declaration on the Right to Development and to formulate
national development policies that aim to improve the economic, social and
cultural rights of their citizens;
2. Also
stresses the importance of continuing to implement immediate, effective and
durable actions for alleviating the burdens of debt and debt_service of the
developing countries with debt problems, in the framework of the realization of
economic, social and cultural rights;
3. Affirms
that the permanent solution to the foreign debt problem lies in the
establishment of a just and equitable international economic order which
guarantees the developing countries, inter alia, better market
conditions and commodity prices, stabilization of exchange rates and interest
rates, easier access to financial and capital markets, adequate flows of new
financial resources and easier access to the technology of the developed
countries;
4. Stresses
the need for the economic programmes arising from foreign debt to take account of the specific characteristics,
conditions and needs of the debtor countries and the need to incorporate the
social dimension of development;
5. Affirms
that the exercise of the basic rights of the people of debtor countries to
food, housing, clothing, employment, education, health services and a healthy
environment cannot be subordinated to the implementation of structural
adjustment policies and economic reforms arising from the debt;
6. Emphasizes
the important need for initiatives on foreign debt, in particular in the debt
initiative for the heavily indebted poor countries and the decision of the
Paris Club to go beyond the Naples terms, to be implemented completely and
flexibly, and at the same time notes with concern the rigidity of the
eligibility criteria approved by the international creditor community in the
context of those initiatives, which is becoming a source of greater concern in
the light of the latest symptoms of the international financial crisis;
7. Also
emphasizes the need for new financial flows to debtor developing countries
from all sources, in addition to debt relief measures that include debt
cancellation, and urges creditor countries and the international financial institutions
to increase concessional financial
assistance on favourable terms, as a means of supporting
the implementation of the economic reforms, combating poverty, and achieving
sustained economic growth and sustainable development;
8. Requests
the Special Rapporteur on the effects of foreign debt on the full enjoyment of
economic, social and cultural rights to present an analytical report to the
Commission, on an annual basis, on the implementation of the present
resolution, paying particular attention to:
(a) The
negative effects of the foreign debt and the policies adopted to face it on the
full enjoyment of economic, social and cultural rights in developing countries;
(b) Measures
taken by Governments, the private sector and international financial
institutions to alleviate such effects in developing countries, especially the
poorest and heavily indebted countries;
9. Requests
the Secretary_General to provide the Special Rapporteur with all necessary
assistance, in particular the staff and resources required to perform his
functions;
10. Urges
Governments, international organizations, international financial institutions,
non_governmental organizations and the private sector to cooperate fully with
the Special Rapporteur in the discharge of his mandate;
11. Calls
upon Governments, international organizations, international financial
institutions, non_governmental organizations, as well as the private sector, to
take appropriate measures and action for the implementation of the commitments,
agreements and decisions of the major United Nations conferences and summits
organized since the beginning of the 1990s on developments related to the
question of external debt;
12. Also
calls upon Governments, international financial institutions and the
private sector to consider the possibility of cancelling or reducing
significantly the debt of the heavily_indebted poor countries, giving priority
to countries emerging from devastating civil wars or that have been devastated
by natural disasters;
13. Recognizes
that there is a need for more transparency, participation by all States and
consideration of the relevant resolutions of the Commission on Human Rights in
the deliberations and activities of international and regional financial
institutions;
14. Considers
that, in order to find a durable solution to the debt problem, there is a need
for a political dialogue between creditor and debtor countries within the
United Nations system, based on the principle of shared interests and
responsibilities;
15. Reiterates
its request to the United Nations High Commissioner for Human Rights to pay
particular attention to the problem of the debt burden of developing countries,
in particular of the least developed countries, and especially the social
impact of the measures arising from the foreign debt;
16. Decides
to continue its consideration of this matter at its
fifty_sixth session under the appropriate agenda item.
52nd
meeting
23
April 1999
[Adopted
by a roll_call vote of 30 votes to 15,
with
8 abstentions. See chap. X]
1999/23. Adverse effects of
the illicit movement and dumping
of toxic and dangerous products and wastes on the
enjoyment
of human rights
The Commission on Human Rights,
Guided by the Charter of the United
Nations, the Universal Declaration of Human Rights, the International Covenants
on Human Rights and the Vienna Declaration and Programme of Action,
particularly on the question of the human rights to life, health and a sound
environment for every individual,
Recalling its earlier
resolutions on the subject and, in particular, its resolution 1998/12 of 9
April 1998, General Assembly resolution 46/126 of 17 December 1991 and
Economic and Social Council decision 1995/288 of 25 July 1995,
Recalling also General
Assembly resolutions 42/183 of 11 December 1987, 43/212 of 20 December 1988,
44/226 of 22 December 1989 and 45/13 of 7 November 1990,
Recalling further debates at
the regional level, specifically resolution 1153 (XLVIII) of 25 May 1988
of the Council of Ministers of the Organization of African Unity, declaring
that the dumping of toxic wastes in the continent was a crime against Africa
and the African people,
Affirming that the
illicit movement and dumping of toxic and dangerous substances and wastes
constitute a serious threat to the human rights to life and health of
individuals, particularly in developing countries that do not have the
technologies to process them,
Reaffirming that the
international community must treat all human rights in a fair and equal manner,
on the same footing and with the same emphasis,
Reaffirming also General
Assembly resolution 50/174 of 22 December 1995 on strengthening of United
Nations action in the field of human rights through the promotion of
international cooperation and the importance of non_selectivity, impartiality
and objectivity,
Mindful of the call by the World
Conference on Human Rights on all States to adopt and vigorously implement
existing conventions relating to the dumping of toxic and dangerous products
and wastes and to cooperate in the prevention of illicit dumping,
Aware of the increasing rate of
illicit movement and dumping by transnational corporations and other
enterprises from industrialized countries of hazardous and other wastes in
African and other developing countries that do not have the national capacity
to deal with them in an environmentally sound manner, which constitutes a
serious threat to the human rights to life, good health and a sound environment
for everyone,
Aware also that many
developing countries do not have the national capacities and technologies to process
such wastes in order to eradicate or diminish their adverse effects on the
human rights to life and health,
1. Takes
note of the progress report of the Special Rapporteur (E/CN.4/1999/46) and,
in particular, her conclusions and recommendations contained therein;
2. Welcomes
the report of the Special Rapporteur on her mission to Latin America
(E/CN.4/1999/46/Add.1) and expresses its appreciation to the Governments of
Paraguay, Brazil, Costa Rica and Mexico for the cooperation extended to the
Special Rapporteur during her visits to those countries;
3. Categorically
condemns the dumping of toxic and dangerous products and wastes in
developing countries, which adversely affects the human rights to life and
health of individuals in those countries;
4. Reaffirms
that illicit traffic and dumping of toxic and dangerous products and wastes
constitute a serious threat to the human rights to life, health and a sound
environment for every individual;
5. Once
again urges all Governments to take legislative and other appropriate
measures with a view to preventing illegal international trafficking in toxic
and hazardous products and wastes;
6. Invites
the United Nations Environment Programme, the secretariat for the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal, the Commission on Sustainable Development, the International
Register of Potentially Toxic Chemicals, the Food and Agriculture Organization
of the United Nations, the International Labour Organization, the World Health
Organization and the Organization of African Unity and other regional
organizations to continue to intensify their coordination and international
cooperation and technical assistance on environmentally sound management of
toxic chemicals and hazardous wastes, including the question of their
transboundary movement;
7. Welcomes
the ongoing cooperation between the secretariat for the Basel Convention and:
(a) The
International Criminal Police Organization, in the monitoring and prevention of
cases of illegal trafficking through the exchange of information; and
(b) The
World Customs Organization, in the training of customs officers and the
harmonization of classification systems for effective control at customs border
posts;
8. Expresses
its appreciation to the relevant United Nations agencies, in particular the
United Nations Environment Programme and the secretariat for the Basel
Convention, for the support extended to the Special Rapporteur, and urges them
and the international community to continue to give her the necessary support
to enable her to discharge her mandate;
9. Urges
the international community and the relevant United Nations bodies, in
particular the United Nations Environment Programme and the secretariat for the
Basel Convention, to continue to give appropriate support to the developing
countries, upon their request, in their efforts to implement the provisions of
existing international and regional instruments controlling the transboundary
movement and dumping of toxic and dangerous products and wastes in order to
protect and promote the human rights to life and good health of all;
10. Urges
the Special Rapporteur to continue to undertake, in consultation with the
relevant United Nations bodies and organizations and secretariats of relevant
international conventions, a global multidisciplinary and comprehensive study
of existing problems of and solutions to illicit traffic in and dumping of
toxic and dangerous products and wastes, in particular in developing countries,
with a view to making concrete recommendations and proposals on adequate
measures to control, reduce and eradicate these phenomena;
11. Reiterates
its request to the Special Rapporteur to continue to consult all relevant
United Nations bodies, organizations and secretariats, in particular UNEP
Chemicals of the United Nations Environment Programme, the Food and Agriculture
Organization of the United Nations and the secretariat for the Basel Convention
and to take duly into account the progress made in other forums and to identify
loopholes;
12. Also
reiterates its request to the Special Rapporteur, in accordance with her
mandate, to continue to include in her reports to the Commission comprehensive
information on persons killed, maimed or otherwise injured in the developing
countries through the illicit movement and dumping of toxic and dangerous products
and wastes;
13. Encourages
the Special Rapporteur, in accordance with her mandate and with the support and
assistance of the Office of the United Nations High Commissioner for Human
Rights, to continue to provide Governments with an appropriate opportunity to
respond to allegations transmitted to her and reflected in her report, and to
have their observations reflected in the report to the Commission;
14. Urges
the Secretary_General to continue to make all necessary resources available for
the Special Rapporteur to carry out her mandate successfully and, in
particular, to provide her with adequate financial and human resources,
including administrative support;
15. Decides
to continue consideration of the question of the adverse effects of the illicit
movement and dumping of toxic and dangerous products and wastes on the
enjoyment of human rights at its fifty_sixth session under
the same agenda item.
54th
meeting
26
April 1999
[Adopted
by a roll_call vote of 36 votes to 16,
with
1 abstention. See chap. X.]
1999/24. The right to food
The Commission on Human Rights,
Recalling the
Universal Declaration of Human Rights, which provides that everyone has the
right to a standard of living adequate for his health and well_being, including
food,
Recalling also the
provisions of the International Covenant on Economic, Social and Cultural
Rights in which the fundamental right of every person to be free from hunger is
recognized,
Recalling further the
Universal Declaration on the Eradication of Hunger and Malnutrition,
Bearing in mind the Rome
Declaration on World Food Security and the Plan of Action of the World Food
Summit, held in Rome from 13 to 17 November 1996,
Recalling all its
previous resolutions in this regard, in particular resolution 1998/23 of 17
April 1998,
Recognizing that the
problem of hunger and food insecurity have global dimensions and that they are
likely to persist and even to increase dramatically in some regions, unless
urgent, determined and concerted action is taken, given the anticipated
increase in the world's population and the stress on natural resources,
Reaffirming that a
peaceful, stable and enabling political, social and economic environment, both
at a national and an international level, is the essential foundation which
will enable States to give adequate priority to food security and poverty
eradication,
Reiterating, as did the
Rome Declaration, that food should not be used as an instrument of political or
economic pressure, and reaffirming in this regard the importance of
international cooperation and solidarity, as well as the necessity of refraining
from unilateral measures not in accordance with international law and the
Charter of the United Nations, which endanger food security,
Convinced that each
State must adopt a strategy consistent with its resources and capacities to
achieve its individual goals in implementing the recommendations contained in
the Rome Declaration and Plan of Action and, at the same time, cooperate
regionally and internationally in order to organize collective solutions to
global issues of food security in a world of increasingly interlinked
institutions, societies and economies, where coordinated efforts and shared
responsibilities are essential,
Noting the view expressed by the
Committee on Economic, Social and Cultural Rights in its statement on
globalization and economic, social and cultural rights adopted on 11 May 1998,
in which the Committee argued that while much energy and many resources had
been expended by Governments in promoting the trends and policies that were
associated with globalization,
insufficient efforts were being made to devise new or
complementary approaches which could enhance the compatibility of those trends
and policies with full respect for economic, social and cultural rights,
1. Reaffirms
that hunger constitutes an outrage and a violation of human dignity and,
therefore, requires the adoption of urgent measures at the national, regional
and international levels for its elimination;
2. Also
reaffirms the right of everyone to have access to safe and nutritious food,
consistent with the right to adequate food and the fundamental right of
everyone to be free from hunger so as to be able fully to develop and maintain
their physical and mental capacities;
3. Considers
intolerable that more than 800 million people, especially women and children,
throughout the world, and particularly in developing countries, do not have
enough food to meet their basic nutritional needs, which infringes their
fundamental human rights and at the same time can generate additional pressures
upon the environment in ecologically weak areas;
4. Stresses
the need to make efforts to mobilize and optimize the allocation and
utilization of technical and financial resources from all sources, including
external debt relief for developing countries, to reinforce national actions to
implement sustainable food security policies;
5. Welcomes
the convening of a follow_up consultation on the right to adequate food by the
Office of the High Commissioner for Human Rights at the headquarters of the
Food and Agriculture Organization of the United Nations on 18 and 19 November
1998 as requested by the Commission in resolution 1998/23, as a concrete and
practical response to objective 7.4 of the World Food Summit Plan of Action, in
order better to define the rights relating to food in article 11 of the
International Covenant on Economic, Social and Cultural Rights and to propose
ways to implement and realize those rights as a means of achieving the
commitments of the World Food Summit;
6. Takes
note with interest of the reference in the report of the United Nations
High Commissioner for Human Rights (E/CN.4/1999/45) to proposals, based on the
International Covenant on Economic, Social and Cultural Rights and other
relevant international human rights standards, for the definition of the
content and means of implementation of the rights related to food;
7. Invites
once again the Committee on Economic, Social and Cultural Rights to draft
and adopt a general comment as a contribution to the clarification of the
content of the rights related to food in article 11 of the International
Covenant on Economic, Social and Cultural Rights;
8. Requests
the High Commissioner to transmit the present resolution to Governments, relevant
specialized agencies and programmes, treaty bodies, as well as non_governmental
organizations, and invites them to present comments and suggestions for the
elaboration of the content and means of implementation of the rights related to
food, taking into account the outcome of the follow_up consultation held in
Rome on 18 and 19 November 1998;
9. Requests
the High Commissioner to report on the implementation of the present resolution
to the Commission at its fifty_sixth session.
54th
meeting
26
April 1999
[Adopted
without a vote. See chap. X.]
1999/25. Question of the realization in all
countries of the economic,
social
and cultural rights contained in the Universal
Declaration
of Human Rights and in the International Covenant
on
Economic, Social and Cultural Rights, and study of special
problems
which the developing countries face in their efforts
to
achieve these human rights
The Commission on Human Rights,
Guided by the principles relating to
economic, social and cultural rights enshrined in the Universal Declaration of
Human Rights and the International Covenant on Economic, Social and Cultural
Rights,
Recalling its
resolution 1998/33 of 17 April 1998 on the realization of economic, social and
cultural rights in general, by which it decided, as part of its efforts to
impart a higher visibility to economic, social and cultural rights, to appoint,
for a period of three years, a special rapporteur whose mandate will focus on
the right to education,
Considering that to
ensure the fulfilment of economic, social and cultural rights additional
approaches should be examined, including the development of indicators and the
identification of progressive developmental benchmarks to promote and measure
progress in the realization of the rights set forth in the International
Covenant on Economic, Social and Cultural Rights,
1. Welcomes:
(a) The
preliminary report of the Special Rapporteur on the right to education
(E/CN.4/1999/49) and the general approach she has adopted in discharging her
mandate, in particular by analysing the nature and scope of the right to
education, the obligations of States in this regard, and further identifying
with a view to eliminating obstacles, including financial ones, to the
realization of the right to education, with special priority given to primary
education;
(b) All
relevant reports of the United Nations High Commissioner for Human Rights on
economic, social and cultural rights and activities of intergovernmental and
non_governmental organizations in that regard;
(c) The
publication by the United Nations Children's Fund of its report The State of
the World's Children 1999 devoted to the right to education;
(d) The
work, with special emphasis on the visibility, promotion and protection of
economic, social and cultural rights, carried out in the framework of the
follow_up to relevant United Nations conferences, such as the World Summit for
Children (1990), the United Nations Conference on Environment and Development
(1992), the World Conference on Human Rights (1993), the International
Conference on Population and Development (1994), the World Summit for Social
Development (1995), the Fourth World Conference on Women (1995), the
United Nations Conference on Human Settlements (1996) and the World Food
Summit (1996);
2. Notes
with interest:
(a) The
note by the Secretariat pursuant to Commission resolution 1998/33
(E/CN.4/1999/112 and Add.1);
(b) All
resolutions of the Sub_Commission on Prevention of Discrimination and
Protection of Minorities on the realization of economic,
social and cultural rights, in particular its resolution
1998/11 of 20 August 1998 on the realization of the right to education,
including education in human rights;
(c) The
work carried out by the Committee on Economic, Social and Cultural Rights, in
particular the day of general discussion devoted to the right to education on
30 November 1998;
(d) The
proposals adopted by the Committee on Economic, Social and Cultural Rights at
its last sessions to enhance the central role played by the Committee in the
promotion and protection of economic, social and cultural rights, namely (i)
aiming at the adoption and implementation of a programme of action for the
Committee and (ii) recommending to the Commission the appointment of a special
rapporteur on economic, social and cultural rights;
(e) The
work of the Committee on the Rights of the Child in the promotion of the right
to education, guided by the principles of the best interest of the child,
non_discrimination and participation;
(f) The
recommendations adopted by the open_ended Working Group on structural
adjustment programmes and economic, social and cultural rights;
(g) The Hanoi
meeting on the 20/20 initiative and its emphasis on investment in social
development, including the prioritization of basic education, as a means to
ensure the right to education for all without discrimination of any kind;
3. Reaffirms:
(a) That,
in accordance with the Universal Declaration of Human Rights, the ideal of free
human beings enjoying freedom from fear and want can be achieved only if
conditions are created whereby everyone may enjoy their economic, social and
cultural rights, as well as their civil and political rights;
(b) The
inextricable link between full respect for the rights contained in the
International Covenant on Economic, Social and Cultural Rights and the process
of development, the central purpose of which is the realization of the
potentialities of the human person with the effective participation of all
members of society in relevant decision_making processes as agents and
beneficiaries of development, as well as with a fair distribution of its benefits;
(c) That
all persons in all countries are entitled to the realization of their economic,
social and cultural rights, which are indispensable to their dignity and the
free development of their personality;
(d) The
universality, indivisibility, interdependence and interrelationship of all
human rights and fundamental freedoms and that promoting and protecting one
category of rights should therefore never exempt or excuse States from the
promotion and protection of other rights;
(e) The
importance of international cooperation for the promotion and protection of all
human rights, including economic, social and cultural rights;
(f) That
the realization of all human rights and fundamental freedoms, and particularly
economic, social and cultural rights, is a dynamic process and that, as is
evident in today's world, a great deal remains to be accomplished;
4. Calls
upon all States:
(a) To
give full effect to the universality of economic, social and cultural rights;
(b) To
consider signing and ratifying, and the States parties to implement, the
International Covenant on Economic, Social and Cultural Rights;
(c) To
guarantee that economic, social and cultural rights will be exercised without
discrimination of any kind;
(d) To
secure progressively, through national development policies and with
international assistance and cooperation, full realization of economic, social
and cultural rights, giving particular attention to the individuals, most often
women and children, especially girls, and communities living in extreme poverty
and therefore most vulnerable and disadvantaged;
(e) To
consider in this context, as appropriate, the desirability of drawing up
national action plans identifying steps to improve the situation of human
rights in general with specific benchmarks designed to give effect to minimum
essential levels of enjoyment of economic, social and cultural rights;
(f) To
promote the effective and wide participation of representatives of civil
society in decision_making processes related to the promotion and protection of
economic, social and cultural rights;
5. Calls
upon States parties to the International Covenant on Economic, Social and
Cultural Rights:
(a) To
submit their reports to the Committee on Economic, Social and Cultural Rights
in a regular and timely manner;
(b) To
promote a concerted national effort to ensure the participation of representatives
of all sectors of civil society in the process of preparation of their periodic
reports to the Committee on Economic, Social and Cultural Rights and in the
implementation of the recommendations of the Committee;
(c) To
withdraw reservations incompatible with the object and purpose of the Covenant
and to consider reviewing other reservations with a view to withdrawing them;
6. Decides:
(a) To
request the Special Rapporteur on the right to education to submit a report to
the Commission at its fifty_sixth session;
(b) To
request the United Nations High Commissioner for Human Rights to consider the
possibility of organizing, in collaboration with relevant United Nations
agencies and, in particular, the United Nations Children's Fund and the United
Nations Educational, Scientific and Cultural Organization, a workshop to
identify progressive developmental benchmarks and indicators related to the right
to education which may inform the work of the Committee on Economic, Social and
Cultural Rights, the Committee on the Rights of the Child and other human
rights treaty bodies and human rights mechanisms, United Nations
specialized agencies, Funds and Programmes;
(c) To
invite the United Nations Children's Fund and the United Nations
Educational, Scientific and Cultural Organization to continue to develop a
regular dialogue with the Special Rapporteur and to submit to the Commission on
Human Rights information pertaining to their activities in promoting primary
education, with specific reference to women and children,
particularly girls;
(d) To
request the High Commissioner to urge all States to submit their comments on
the report by the Committee on Economic, Social and Cultural Rights to the
Commission on a draft optional protocol for the consideration of communications
in relation to the Covenant (E/CN.4/1997/105, annex) and, taking into account
the comments received, to report to the Commission at its fifty_sixth session
on options relating to the proposal for a draft optional protocol;
(e) To
support the efforts carried out by the High Commissioner to implement the
proposed programme of action designed to enhance the ability of the Committee
on Economic, Social and Cultural Rights to assist interested Governments in
their reporting obligations and its capacity to process and follow up the
examination of States parties' reports and, accordingly, to request States
parties to the International Covenant on Economic, Social and Cultural Rights
to make voluntary financial contributions to ensure the adequate implementation
of that programme of action;
7. Requests
the Secretary_General to provide the Special Rapporteur on the right to
education with all the assistance necessary for the execution of the mandate;
8. Also
requests the Secretary_General to submit to the Commission at its
fifty_sixth session a report on the implementation of the present resolution.
54th
meeting
26
April 1999
[Adopted
without a vote. See chap. X.]
1999/26. Human rights and extreme poverty
The Commission on Human Rights,
Recalling that, in
accordance with the Universal Declaration of Human Rights, the International
Covenants on Human Rights recognize that the ideal of free human beings
enjoying freedom from fear and want can be achieved only if conditions are
created whereby everyone may enjoy his economic, social and cultural rights, as
well as his civil and political rights,
Recalling in particular that article
25 of the Universal Declaration of Human Rights stipulates that everyone has
the right to a standard of living adequate for the health and well_being of
himself and of his family, including
food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control,
Recalling also that the
eradication of widespread poverty, including its most persistent forms, and the
full enjoyment of economic, social and cultural rights and civil and political
rights remain interrelated goals,
Deeply concerned that, 51
years after the adoption of the Universal Declaration of Human Rights, extreme
poverty continues to spread in all countries of the world, regardless of their
economic, social and cultural situation, and that its extent and
manifestations, such as hunger, disease, lack of adequate shelter, illiteracy
and hopelessness are particularly severe in developing countries,
Bearing in mind the relevant
provisions of the Vienna Declaration and Programme of Action adopted by the World
Conference on Human Rights (A/CONF.157/23),
Recalling in particular that the
World Conference on Human Rights reaffirms that least developed countries
committed to the process of democratization and economic reforms, many of which
are in Africa, should be supported by the international community in order to
succeed in their transition to democracy and economic development,
Recalling its
resolution 1998/25 of 17 April 1998, in which it was decided, inter alia,
to appoint for a period of two years, an independent expert on the question of
human rights and extreme poverty,
Noting that the report of the United
Nations High Commissioner for Human Rights on the follow_up of the World
Conference on Human Rights (E/CN.4/1999/9) considers that the consequence of
this decision will be not only to improve the information needed in the
decision_making process of United Nations organs and institutions, but also to
focus the attention of the international community on this fundamental question,
Recalling General
Assembly resolution 50/107 of 20 December 1995, in which the Assembly
proclaimed the United Nations Decade for the Eradication of Poverty
(1997_2006), as well as Assembly resolution 53/146 of 9 December 1998 on human
rights and extreme poverty, in which it recalls that the mandate of the
independent expert will be, inter alia, to continue to take into account
the efforts of the poorest people themselves and the conditions in which they
can convey their experiences,
Welcoming the Declaration
of the Microcredit Summit, held in Washington, D.C., in 1997, which
launched a global campaign to reach 100 million of the world's poorest
families, especially women, with credit for self_employment by the year 2005;
Stressing that, in the
Copenhagen Declaration on Social Development and the Programme of Action of the
World Summit for Social Development, Governments committed themselves to
endeavouring to ensure that all men and women, especially those living in
poverty, could exercise the rights, utilize the resources and share the
responsibilities that would enable them to lead satisfying lives and to
contribute to the well_being of their families, their communities and humankind
and committed themselves to the goal of eradicating poverty throughout the
world through national actions and international cooperation, as an ethical,
social, political and economic imperative of humankind,
Recalling the report
of the Secretary-General on women's real enjoyment of their human rights, in
particular those relating to the elimination of poverty, economic development
and economic resources (E/CN.4/1998/22_E/CN.6/1998/11),
Noting with satisfaction the progress
report submitted by the independent expert in accordance with Commission
resolution 1998/25 (E/CN.4/1999/48),
1. Reaffirms
that:
(a) Extreme
poverty and exclusion from society constitute a violation of human dignity and
that urgent national and international action is therefore required to
eliminate them;
(b) The
right to life includes within it existence in human dignity with the minimum
necessities of life;
(c) It is
essential for States to foster participation by the poorest people in the
decision_making process in the societies in which they live, in the realization
of human rights and in efforts to combat extreme poverty and for people living
in poverty and vulnerable groups to be empowered to organize themselves and to
participate in all aspects of political, economic and social life, particularly
the planning and implementation of policies that affect them, thus enabling
them to become genuine partners in development;
(d) The
existence of widespread absolute poverty inhibits the full and effective
enjoyment of human rights and renders democracy and popular participation
fragile;
(e) For
peace and stability to endure, national action and international action and
cooperation are required to promote a better life for all in larger freedom, a
critical element of which is the eradication of poverty;
2. Recalls
that:
(a) The
Copenhagen Declaration on Social Development and Programme of Action of the
World Summit on Social Development provide the substantive framework for
eradicating poverty by setting specific targets, drawing up plans and
implementing programmes;
(b) To
ensure the protection of the rights of all individuals, non_discrimination
towards the poorest and the full exercise of all human rights and fundamental
freedoms, a better understanding is needed of what is endured by people living
in poverty, including women and children, and thought must be given to the
subject, drawing on the experience and ideas of the poorest themselves and of
those committed to working alongside them;
(c) In its
resolution 1997/11 of 3 April 1997, it requested the United Nations High
Commissioner for Human Rights to give high priority to the question of human
rights and extreme poverty, to ensure better cooperation between the
institutions and bodies involved, regularly to inform the General Assembly
of the evolution of the question and submit specific information on this
question at events such as the evaluation of the World Conference on Human
Rights planned for 1998, the special session of the General Assembly devoted to
conclusions of the World Summit for Social Development, scheduled for 2000, and
the evaluation, at the halfway point in 2002 and the end_point in 2007, of the
first United Nations Decade for the Eradication of Poverty;
3. Welcomes
the observations contained in the report submitted by the independent expert on
extreme poverty (E/CN.4/1999/48), according to which the lack of political
commitment, not financial resources, is the real obstacle to the eradication of
poverty;
4. Notes
with interest:
(a) That,
in her report of 11 September 1998 to the General Assembly on the mid_term
evaluation of the Vienna Declaration and Programme of Action (A/53/372, annex), the United Nations High
Commissioner for Human Rights proposes that the Second and Third Committees of
the General Assembly should work jointly to implement the right to development
by focusing on the elimination of poverty, with particular emphasis placed on
basic security, which is necessary to enable individuals and families to enjoy
fundamental rights and assume basic responsibilities;
(b) That,
on 16 October 1998, on the occasion of the International Day for the
Eradication of Poverty, the first step towards joint work by the Second and
Third Committees of the General Assembly was taken in the form of the panel
presided by the Chairmen of the two Committees on “Poverty, human rights and
development”, the theme chosen by the General Assembly for 1998 in the
context of the United Nations Decade for the Eradication of Poverty;
5. Calls
upon:
(a) The
General Assembly, specialized agencies, United Nations bodies and
intergovernmental organizations to take into account the contradiction between
the existence of situations of extreme poverty and exclusion from society,
which must be overcome, and the duty to guarantee full enjoyment of human
rights;
(b) States
and intergovernmental and non-governmental organizations to continue to take
into account, in the activities to be undertaken within the framework of the
United Nations Decade for the Eradication of Poverty, the links between human
rights and extreme poverty, as well as efforts to empower people living in
poverty to participate in decision_making processes on policies that affect
them;
(c) The
United Nations to strengthen poverty eradication as a priority throughout the
United Nations system;
6. Invites:
(a) The
treaty bodies monitoring the application of human rights instruments,
especially the Committee on Economic, Social and Cultural Rights, the Committee
on the Rights of the Child, the Committee on the Elimination of Discrimination
against Women and the Committee on the Elimination of Racial Discrimination, to
take into account, when considering the reports of States parties, the question
of extreme poverty and human rights;
(b) The
independent expert to continue her reflection, in accordance with her mandate,
with a view, in particular:
(i) To
report on her activities to the Commission on Human Rights at its fifty_sixth
session, underlining in particular the best practices observed during her
visits and making this report available to the Commission for Social
Development and the Commission on the Status of Women, as appropriate, for
their sessions during the same year;
(ii) To contribute to the General Assembly's
evaluation in 2000 of the World Summit for Social Development by making her
final report and conclusions available to the preparatory committee for the
special session of the General Assembly devoted to that evaluation, taking
into account, as requested by the General Assembly, the efforts of the poorest
people themselves and the conditions in which they can convey their
experiences;
7. Requests the United Nations High
Commissioner for Human Rights to consider the possibility of holding a workshop
with the independent expert and the experts from the Sub-Commission on
Prevention of Discrimination and Protection of Minorities in 1999 with a view to
consultations also involving the relevant functional commissions of the
Economic and Social Council on the main elements of a possible draft
declaration on human rights and extreme poverty;
8. Decides to consider this question at
its fifty_sixth session under
the same agenda item.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. X.]
1999/27. Human rights and terrorism
The
Commission on Human Rights,
Guided by
the Charter of the United Nations, the Universal Declaration of Human Rights,
the Declaration on Principles of International Law concerning Friendly
Relations and Cooperation among States in accordance with the Charter of the
United Nations and the International Covenants on Human Rights,
Recalling the
Declaration on the Occasion of the Fiftieth Anniversary of the United Nations,
adopted by the General Assembly in its resolution 50/6 of 24 October 1995,
Recalling
also the Vienna Declaration and Programme of Action
(A/CONF.157/23), adopted by the World Conference on Human Rights, held at
Vienna from 14 to 25 June 1993,
Recalling
further General Assembly resolutions 46/51 of 9 December 1991,
49/60 of 9 December 1994, 50/53 of 11 December 1995, 50/186 of
22 December 1995, 51/210 of 17 December 1996 and 52/133 of 12
December 1997, as well as its own resolution 1998/47 of 17 April 1998,
Noting
resolution 1998/29 of 26 August 1998 of the Sub_Commission on Prevention of
Discrimination and Protection of Minorities, requesting its Special Rapporteur
on human rights and terrorism to submit a preliminary report based on her
working paper (E/CN.4/Sub.2/1997/28) to the Sub_Commission at its fifty_first
session, a progress report at its fifty_second session and a final report at
its fifty_third session,
Regretting that
the negative impact of terrorism, in all its dimensions, on human rights
continues to remain alarming, despite national and international efforts to
combat it,
Convinced that
terrorism, in all its forms and manifestations, wherever and by whomever
committed, can never be justified in any instance, including as a means to
promote and protect human rights,
Conscious of
the increasing importance of the role played by the United Nations in combating
terrorism,
Bearing in
mind that the most essential and basic human right is the
right to life,
Bearing in
mind also that terrorism in many cases poses a severe challenge to
democracy, civil society and the rule of law,
Bearing in
mind further that terrorism creates an environment that destroys the
freedom from fear of the people,
Profoundly
deploring the high number of innocent persons, including women,
children and the elderly, killed, massacred and maimed by terrorists in
indiscriminate and random acts of violence and terror, which cannot be
justified under any circumstances,
Noting with
great concern that many terrorist groups are connected with other
criminal organizations engaged in the illegal traffic in arms and illicit drug
trafficking at the national and international levels, as well as the consequent
commission of serious crimes such as murder, extortion, kidnapping, assault,
taking of hostages, robbery, money laundering and rape,
Mindful of
the need to protect the human rights of and guarantees for the individual in
accordance with the relevant human rights instruments and standards,
particularly the right to life,
Reiterating that
all States have an obligation to promote and protect human rights and
fundamental freedoms, and that everyone should strive to secure their universal
and effective recognition and observance,
Recognizing the
need to improve international cooperation on criminal matters and national
measures so as to address impunity which can contribute to the continued
occurrence of terrorism,
Stressing the
need further to strengthen international cooperation between States,
international organizations and agencies, regional organizations and
arrangements and the United Nations in order to prevent, combat and eliminate
terrorism in all its forms and manifestations, wherever and by whomever
committed, and inviting interested non_governmental organizations to join
States in condemning terrorism,
Reaffirming that
all measures to counter terrorism must be in strict conformity with
international law, including international human rights standards,
Seriously
concerned at the gross violations of human rights perpetrated by
terrorist groups,
1. Reiterates the unequivocal condemnation
of all acts, methods and practices of terrorism, regardless of their
motivation, in all their forms and manifestations, wherever and by whomever
committed, as acts aimed at the destruction of human rights, fundamental
freedoms and democracy, threatening the territorial integrity and security of
States, destabilizing legitimately constituted Governments, undermining
pluralistic civil society and the rule of law and having adverse consequences
for the economic and social development of the State;
2. Condemns the violations of the right
to live free from fear and of the right to life, liberty and security;
3. Expresses its solidarity with the
victims of terrorism;
4. Condemns incitement of ethnic hatred,
violence and terrorism;
5. Calls upon States to take all
necessary and effective measures, in strict conformity with international law,
including international human rights standards, to prevent, combat and
eliminate terrorism in all its forms and manifestations, wherever and by
whomever committed;
6. Urges the international community to
enhance cooperation at the regional and international levels in the fight
against terrorism in all its forms and manifestations, in accordance with
relevant international instruments, including those relating to human rights,
with the aim of its eradication;
7. Calls upon States, in particular
within their respective national frameworks and in conformity with their
international commitments in the field of human rights, to enhance their
cooperation with a view to bringing terrorists to justice;
8. Requests, in this context, the
Special Rapporteur of the Sub_Commission on Prevention of Discrimination and
Protection of Minorities, in her forthcoming preliminary report on human rights
and terrorism, to give attention to the question of impunity;
9. Urges all relevant human rights
mechanisms and procedures, as appropriate, to address the consequences of the
acts, methods and practices of terrorist groups in their forthcoming reports to
the Commission;
10. Requests the Secretary_General to
continue to collect information, including a compilation of studies and
publications, on the implications of terrorism, as well as on the effects of
the fight against terrorism, on the full enjoyment of human rights from all relevant
sources, including Governments, specialized agencies, intergovernmental
organizations, non_governmental organizations and academic institutions, and to
make it available to the concerned special rapporteurs and working groups of
the Commission on Human Rights for their consideration;
11. Decides to continue consideration of
the question at its
fifty_sixth session as a
matter of priority.
55th
meeting
26
April 1999
[Adopted
by a roll_call vote of 27 votes to none,
with
26 abstentions. See chap. XI.]
1999/28. Human rights and arbitrary deprivation of
nationality
The
Commission on Human Rights,
Recalling its
resolutions on human rights and arbitrary deprivation of nationality,
Reaffirming
article 15 of the Universal Declaration of Human Rights, in accordance with
which everyone has the right to a nationality and no one shall be arbitrarily
deprived of his nationality,
Recalling the
provisions of other international human rights instruments, including article
5, paragraph (d) (iii), of the International Convention on the Elimination of
All Forms of Racial Discrimination, article 24, paragraph 3, of the
International Covenant on Civil and Political Rights and articles 7 and 8 of
the Convention on the Rights of the Child,
Stressing that
all human rights are universal, indivisible, interdependent and interrelated
and that the international community must treat human rights globally in a fair
and equal manner, on the same footing, and with the same emphasis, as
reaffirmed in the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights in June 1993 (A/CONF.157/23),
Expressing
its deep concern at the arbitrary deprivation of persons or
groups of persons of their nationality, especially on racial, national, ethnic,
religious or gender grounds,
Recalling that
depriving a person of his or her nationality may lead to statelessness,
Mindful of
the endorsement by the General Assembly, in its resolution 41/70 of 3
December 1986, of the call upon all States to promote human rights and
fundamental freedoms and to refrain from denying these to individuals in their
populations because of nationality, ethnicity, race, religion or language,
1. Reaffirms the importance of the right
to a nationality of every human person as an inalienable human right;
2. Recognizes that arbitrary deprivation
of nationality on racial, national, ethnic, religious or gender grounds is a
violation of human rights and fundamental freedoms;
3. Calls upon all States to refrain from
taking measures and from enacting legislation that discriminate against persons
or groups of persons on grounds of race, colour, gender, religion, or national
or ethnic origin by nullifying or impairing the exercise, on an equal footing,
of their right to a nationality, especially if this renders a person stateless,
and to repeal such legislation if it already exists;
4. Notes that full social integration of
an individual might be impeded as a result of arbitrary deprivation of
nationality;
5. Takes note of the report of the
Secretary_General (E/CN.4/1999/56
and Add.1_2) and thanks those
Governments which provided information for the report;
6. Urges the appropriate mechanisms of
the Commission on Human Rights and the pertinent United Nations treaty bodies
to continue to collect information on this question from all relevant sources
and to take account of such information, together with any recommendations
thereon, in their reports;
7. Requests the Secretary_General to
continue to collect information on this question from all relevant sources and
to make it available to the Commission on Human Rights for its consideration;
8. Decides to remain seized of this
matter.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/29. Hostage_taking
The
Commission on Human Rights,
Recalling the
Universal Declaration of Human Rights, which guarantees the right to life,
liberty and security of person, freedom from torture or degrading treatment,
freedom of movement and protection from arbitrary detention,
Taking into
account the International Convention against the Taking of
Hostages, adopted by the General Assembly in its resolution 34/146 of
17 December 1979, which also recognizes that everyone has the right to
life, liberty and security of person and that the taking of hostages is an
offence of grave concern to the international community, as well as the
Convention on the Prevention and Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents, adopted by the General Assembly
in its resolution 3166 (XXVIII) of 14 December 1973,
Bearing in
mind the relevant Security Council resolutions condemning all
cases of hostage_taking,
Recalling its
previous resolutions on the subject, in particular its resolution 1992/23 of 28
February 1992, in which it condemned the taking of any person as a hostage,
Concerned
that, despite the efforts of the international community, acts of
hostage_taking in different forms and manifestations, including, inter alia,
those committed by terrorists and armed groups, continue to take place and even
have increased in many regions of the world,
Appealing for
the humanitarian action of humanitarian organizations, in particular of the
International Committee of the Red Cross and its delegates, to be respected, in
accordance with the Geneva Conventions of 12 August 1949 and the Additional
Protocols of 1977 thereto,
Recognizing that
hostage_taking calls for resolute, firm and concerted efforts on the part of
the international community in order, in strict conformity with international
human rights standards, to bring such abhorrent practices to an end,
1. Reaffirms that hostage_taking,
wherever and by whomever committed, is an illegal act aimed at the destruction
of human rights and is, under any circumstances, unjustifiable;
2. Condemns all acts of hostage_taking,
anywhere in the world;
3. Demands that all hostages be released
immediately and without any
preconditions;
4. Calls upon States to take all
necessary measures, in accordance with relevant provisions of international law
and international human rights standards, to prevent, combat and punish acts of
hostage_taking, including by strengthening international cooperation in this
field;
5. Urges all thematic special
rapporteurs and working groups to continue to address, as appropriate, the
consequences of hostage_taking in their forthcoming reports to the Commission;
6. Decides to remain seized of this
matter.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/30. Question of a draft optional protocol to
the Convention
against
Torture and Other Cruel, Inhuman or Degrading
Treatment
or Punishment
The
Commission on Human Rights,
Recalling its
resolution 1992/43 of 3 March 1992, by which it established an open_ended
working group to elaborate a draft optional protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, using as
a basis for its discussions the draft text proposed by the Government of Costa
Rica at the forty-seventh session of the Commission (E/CN.4/1991/66), and
decided to consider the question at its forty-ninth session,
Recalling
also the subsequent resolutions on the subject, in particular
resolution 1998/35 of 30 July 1998 of the Economic and Social Council, in which
the Council authorized the Working Group to meet in order to continue its work,
Recalling
further that the World Conference on Human Rights firmly
declared that efforts to eradicate torture should, first and foremost, be
concentrated on prevention and called for the early adoption of an optional
protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, which is intended to establish a preventive
system of regular visits to places of detention,
1. Takes notes of the report of the
Working Group on the draft optional protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (E/CN.4/1999/59);
2. Requests the Working Group, in order
to continue its work, to meet prior to the fifty_sixth session of the
Commission for a period of two weeks, with a view to completing expeditiously a
final and substantive text, and to report to the Commission at its fifty_sixth
session;
3. Requests the Secretary_General to
transmit the report of the Working Group to all Governments, the specialized
agencies, the chairpersons of the human rights treaty bodies and
intergovernmental and non_governmental organizations, and to invite them to
submit their comments to the Working Group;
4. Also requests the Secretary_General
to invite Governments, the specialized agencies and relevant intergovernmental
and non_governmental organizations, as well as the Chairperson of the Committee
against Torture and the Special Rapporteur on the question of torture to
participate if needed, in the activities of the Working Group;
5. Further requests the
Secretary_General to extend all necessary facilities to the Working Group
for its meeting prior to the fifty_sixth session of the Commission;
6. Encourages the Chairman_Rapporteur of
the Working Group to conduct informal inter_sessional consultations with all
interested parties in order to facilitate the completion of a consolidated
text;
7. Decides to examine the report of the
Working Group at its fifty_sixth session under the same sub_item;
8. Recommends the following draft
decision to the Economic and Social Council for adoption:
[For
the text, see chap. I, sect. B, draft decision 12.]
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/31. Independence and impartiality of the
judiciary, jurors
and
assessors and the independence of lawyers
The
Commission on Human Rights,
Guided by
articles 7, 8, 10 and 11 of the Universal Declaration of Human Rights and
articles 2, 14 and 26 of the International Covenant on Civil and Political
Rights, and bearing in mind the Vienna Declaration and Programme of Action
(A/CONF.157/23), in particular Part I, paragraph 27, and Part II, paragraphs
88, 90 and 95, thereof,
Convinced that
an independent and impartial judiciary and an independent legal profession are
essential prerequisites for the protection of human rights and for ensuring
that there is no discrimination in the administration of justice,
Recalling its
resolution 1994/41 of 4 March 1994, in which it requested the Chairman of the
Commission to appoint, for a period of three years, a special rapporteur on the
independence and impartiality of the judiciary, jurors and assessors and the
independence of lawyers, and its resolution 1997/23 of 11 April 1997, in
which it decided to extend the mandate of the Special Rapporteur for a
further period of three years,
Recalling
also its resolution 1995/36 of 3 March 1995, in which it
endorsed the decision of the Special Rapporteur to use, beginning in 1995, the
short title “Special Rapporteur on the independence of judges and lawyers”,
Recalling
further General Assembly resolution 40/32 of 29 November 1985,
as well as Assembly resolution 40/146 of 13 December 1985, in which the
Assembly endorsed the Basic Principles on the Independence of the Judiciary,
adopted by the Seventh United Nations Congress on the Prevention of Crime
and the Treatment of Offenders, and Assembly resolution 40/146 of
13 December 1985,
Recalling
General Assembly resolution 45/166 of 18 December 1990, in which the Assembly
welcomed the Basic Principles on the Role of Lawyers and the Guidelines on the
Role of Prosecutors, adopted by the Eighth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, and invited Governments to
respect them and to take them into account within the framework of their
national legislation and practice,
Recalling
also the recommendations adopted by the Ninth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders regarding,
among other things, the invitation addressed to Member States to ensure the
independence and impartiality of the judiciary and the proper functioning of
prosecutorial and legal services in the field of penal justice and police
affairs, taking into account the Basic Principles on the Independence of the
Judiciary,
Recalling
further the Statement of Principles on the Independence of the
Judiciary adopted in Beijing in August 1995 by the Sixth Conference of Chief
Justices of Asia and the Pacific, and the Cairo Declaration, adopted in
November 1995 by the Third Conference of Francophone Ministers of Justice,
Acknowledging the
importance for the Special Rapporteur of being able to cooperate closely, in
the framework of his mandate, with the Office of the United Nations High
Commissioner for Human Rights in the field of advisory services and technical
cooperation, which could contribute to guaranteeing the independence of judges
and lawyers,
Recognizing the
importance of the role of non_governmental organizations, bar associations and
professional associations of judges in the defence of the principles of the
independence of lawyers and judges,
Noting
with concern the increasingly frequent attacks on their independence
suffered by judges, lawyers and court officers, and aware of the close link
between the weakening of safeguards for judges, lawyers and court officers and
the frequency and gravity of violations of human rights,
1. Takes note of the report of the
Special Rapporteur on the independence of judges and lawyers on the activities
relating to his mandate (E/CN.4/1999/60);
2. Also takes note of the cooperative
working methods that the Special Rapporteur has adopted to draw up his report
and implement his mandate, as described in Commission resolution 1994/41;
3. Welcomes the numerous exchanges the
Special Rapporteur has had with several intergovernmental and international
organizations and United Nations bodies, and encourages him to continue
along this path;
4. Notes with appreciation the
determination of the Special Rapporteur to achieve as wide dissemination as
possible of information about existing standards relating to the independence
and impartiality of the judiciary and the independence of the legal profession
in conjunction with the publications and promotional activities of the Office
of the United Nations High Commissioner for Human Rights;
5. Invites the High Commissioner to
continue to provide technical assistance to train judges and lawyers and to
associate the Special Rapporteur in the elaboration of a manual on
the training of judges and lawyers in the field of human rights;
6. Urges all Governments to assist the
Special Rapporteur in the discharge of his mandate and to transmit to him all
the information requested;
7. Encourages Governments that face
difficulties in guaranteeing the independence of judges and lawyers, or that
are determined to take measures to implement these principles further, to
consult and to consider the services of the Special Rapporteur, for instance by
inviting him to their country if the Government concerned deems it necessary;
8. Requests the Special Rapporteur to
submit a report on the activities relating to his mandate to the
Commission at its fifty_sixth session and decides to consider this
question at that session;
9. Requests the Secretary_General,
within the limits of the United Nations regular budget, to provide the
Special Rapporteur with any
assistance
needed for the discharge of his mandate.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/32.
Torture and other cruel, inhuman or degrading
treatment or punishment
The Commission on Human Rights,
Reaffirming that no one
should be subjected to torture or to cruel, inhuman or degrading treatment or
punishment, that such actions constitute a criminal attempt to destroy a fellow
human being physically and mentally, which can never be justified under any
circumstances, by any ideology or by any overriding interest, and convinced
that a society that tolerates torture can never claim to respect human rights,
Recalling that freedom
from torture and cruel, inhuman or degrading treatment or punishment is a non‑derogable
right and that the prohibition of torture is explicitly affirmed in article 5
of the Universal Declaration of Human Rights, article 7 of the International
Covenant on Civil and Political Rights, the Declaration on the Protection of
All Persons from Being Subjected to Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, as well as in the
relevant provisions of other international human rights instruments such as the
Convention on the Rights of the Child, the Vienna Declaration and
Programme of Action, the Declaration on the Elimination of All Forms of
Violence against Women, the four Geneva Conventions of 1949 for the protection
of war victims, and in the outcome of the United Nations Diplomatic Conference
of Plenipotentiaries on the Establishment of an International Criminal Court,
Recalling also the
definition of torture contained in article 1 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Appalled at the
widespread occurrence of torture and other cruel, inhuman or degrading
treatment or punishment,
Recalling all relevant
resolutions of the General Assembly, the Economic and Social Council and the
Commission on Human Rights, in particular Assembly resolution 51/86 of 12
December 1996 and Commission resolution 1998/38 of 17 April 1998 and
General Assembly resolution 53/139 of 9 December 1998,
Mindful of the proclamation by the
General Assembly, in its resolution 52/149 of 12 December 1997, of 26 June
as United Nations International Day in Support of Victims of Torture,
1. Calls upon
all Governments to implement fully the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment;
2. Urges
all Governments to promote the speedy and full implementation of the Vienna
Declaration and Programme of Action (A/CONF.157/23), in particular Part II,
section B.5, relating to freedom from torture, in which it is stated that
States should abrogate legislation leading to impunity for those responsible
for grave violations of human rights such as torture and prosecute such
violations, thereby providing a firm basis for the rule of law;
3. Reminds
Governments that corporal punishment, including of children, can amount to
cruel, inhuman or degrading punishment or even to torture;
4. Stresses in
particular that all allegations of torture or cruel, inhuman or degrading
treatment or punishment should be promptly and impartially examined by the
competent national authority, that those who encourage, order, tolerate or
perpetrate such acts must be held responsible and severely punished, including
the officials in charge of the place of detention where the prohibited act is
found to have taken place, and that national legal systems should ensure that
the victims of such acts obtain redress and are awarded fair and adequate
compensation and receive appropriate socio‑medical rehabilitation;
5. Reminds
all States that prolonged incommunicado detention may facilitate the
perpetration of torture and can in itself constitute a form of cruel, inhuman
or degrading treatment;
6. Calls upon
all Governments, the United Nations High Commissioner for Human Rights and
United Nations bodies and agencies, as well as relevant intergovernmental and
non-governmental organizations, to commemorate on 26 June the United
Nations International Day in Support of Victims of Torture;
7. Takes note
of the report of the Secretary‑General on the status of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(E/CN.4/1999/54);
8. Urges
all States to become parties to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment as a matter of priority;
9. Invites
all States ratifying or acceding to the Convention and those States parties
that have not yet done so to make the declaration provided for in articles 21
and 22 of the Convention and to avoid making, or consider the possibility of
withdrawing, reservations to article 20;
10. Urges
States parties to notify the Secretary‑General of their acceptance of the
amendments to articles 17 and 18 of the Convention as soon as possible;
11. Also urges
all States parties to comply strictly with their obligations in accordance with
article 19 of the Convention, including their reporting obligations, and, in
particular, those States parties whose reports are long overdue to submit their
reports forthwith, and invites States parties to incorporate a gender
perspective, and information concerning children and juveniles in the reports
they submit to the Committee;
12. Stresses
that, under article 4 of the Convention, acts of torture must be made an
offence under domestic criminal law and that acts of torture during armed
conflict are considered a grave breach of the Geneva Conventions of 1949, with
the perpetrators liable to prosecution and punishment;
13. Emphasizes
the obligation of States parties under article 10 of the Convention to ensure
education and training for personnel who may be involved in the custody,
interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment, and calls upon the United Nations High Commissioner
for Human Rights, in conformity with her mandate established in General
Assembly resolution 48/141 of 20 December 1993, to provide, at the request of
Governments, advisory services in this regard, as well as technical assistance
in the development, production and distribution of appropriate teaching
material for this purpose;
14. Stresses
in this context that States must not punish personnel referred to in the
preceding paragraph for not obeying orders to commit acts amounting to torture
or other cruel, inhuman or degrading treatment or punishment;
15. Welcomes
the report of the Committee against Torture on its nineteenth and twentieth
sessions (A/53/44);
16. Also
welcomes the work of the Committee against Torture and its practice of
formulating concluding observations after the consideration of reports, as well
as its practice of carrying out inquiries into cases where there are
indications of the systematic practice of torture within the jurisdiction of
States parties;
17. Urges
States parties to take fully into account, in implementing the provisions of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, the conclusions and recommendations made by the Committee
against Torture at the end of its consideration of their reports;
18. Requests
the Secretary‑General to continue to submit to the Commission an annual
report on the status of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment;
19. Commends
the Special Rapporteur for his work as reflected in his report (E/CN.4/1999/61
and Add.1);
20. Notes
the recommendations of the Special Rapporteur contained in his report, as well
as the recommendations made in previous years, and encourages him to continue
to include amongst his recommendations proposals on the prevention and
investigation of torture, taking into account information received on training
manuals, training activities and specialized devices aimed at facilitating the
practice of torture;
21. Approves
the methods of work employed by the Special Rapporteur as set out in a previous
report (E/CN.4/1997/4, annex), in particular with regard to urgent appeals,
encourages him to continue to respond effectively to
credible and reliable information that comes before him
and invites him to continue to seek the views and comments of all concerned,
including Governments, in the elaboration of his report;
22. Invites
the Special Rapporteur to continue to examine questions concerning torture and
other cruel, inhuman or degrading treatment or punishment directed against
women and conditions conducive to such torture, to make appropriate
recommendations concerning the prevention and redress of gender‑specific
forms of torture, including through rape or any other form of sexual violence,
and to exchange views with the Special Rapporteur on violence against women,
its causes and consequences, with a view to enhancing further their
effectiveness and mutual cooperation;
23. Also
invites the Special Rapporteur to continue to consider questions relating
to the torture of children and conditions conducive to such torture and other
cruel, inhuman or degrading treatment or punishment and to make appropriate recommendations
concerning the prevention of such torture;
24. Calls upon
all Governments to cooperate with and assist the Special Rapporteur on the
question of torture in the performance of his task, to supply all necessary
information requested by him and to react appropriately and expeditiously to
his urgent appeals;
25. Urges
those Governments that have not yet responded to communications transmitted to
them by the Special Rapporteur to answer without further delay;
26. Calls upon
all Governments to give serious consideration to the Special Rapporteur's
requests to visit their countries and urges them to enter into a constructive
dialogue with the Special Rapporteur with respect to the follow_up to his
recommendations, so as to enable him to fulfil his mandate even more
effectively;
27. Requests
the Special Rapporteur to continue to consider inclusion of information in his
report on the follow‑up by Governments to his recommendations, visits and
communications, including both improvements and problems encountered;
28. Considers
it desirable that the Special Rapporteur continue to exchange views with
the relevant human rights mechanisms and bodies, especially the Committee
against Torture and the Office of the United Nations High Commissioner for
Human Rights, in particular with a view to enhancing further their
effectiveness and mutual cooperation, while avoiding unnecessary duplication
with other special procedures, and that he should pursue cooperation with
relevant United Nations programmes, notably that on crime prevention and
criminal justice;
29. Invites
the Special Rapporteur to present an interim report to the
General Assembly at its fifty-fourth session on the overall trends and
developments with regard to his mandate and a full report to the Commission at
its fifty‑sixth session, including all replies sent by Governments that
are received in any of the official languages of the United Nations;
30. Takes note
of the reports of the Secretary‑General on the United Nations
Voluntary Fund for Victims of Torture (A/53/283 and E/CN.4/1999/55);
31. Expresses
its appreciation to the Board of Trustees of the United Nations
Voluntary Fund for Victims of Torture for the work it has accomplished, and to
those Governments, organizations and individuals that have contributed to the
Fund and encourage them to continue to do so;
32. Appeals
to all Governments, organizations and individuals to contribute annually to the
Fund, if possible with a substantial increase in the contributions in order to
take into consideration the ever‑increasing demand for assistance, and
takes note of the request of the Board of Trustees that such contributions be
paid before the Board's annual meeting in May;
33. Stresses in
particular the increasing need for assistance to rehabilitation services
for victims of torture;
34. Requests
the Secretary‑General to continue to include the Fund on an annual basis
among the programmes for which funds are pledged at the United Nations
Pledging Conference for Development Activities;
35. Renews
its request to the Secretary‑General to transmit to all Governments the
appeals of the Commission for contributions to the Fund;
36. Calls upon
the Board of Trustees of the Fund to report to the Commission at its fifty‑sixth
session and present an updated assessment of the global need for international
funding of rehabilitation services for victims of torture;
37. Requests
the Secretary‑General to continue to keep the Commission informed of the
operations of the Fund on an annual basis;
38. Urges
States parties whose arrears predate the provision made by the Secretary‑General
for funding the Committee against Torture from the regular budget to fulfil
their obligations forthwith;
39. Requests
the Secretary‑General to ensure, within the overall budgetary framework
of the United Nations, the provision of an adequate and stable level of
staffing, as well as the necessary technical facilities for the United Nations
bodies and mechanisms dealing with torture, in order to ensure their effective
performance;
40. Decides
to continue to consider these questions at its
fifty‑sixth session, as a matter of priority.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/33. The
right to restitution, compensation and rehabilitation
for
victims of grave violations of human rights and
fundamental
freedoms
The Commission on Human Rights,
Guided by the Charter of the United
Nations, the Universal Declaration of Human Rights, the International Covenants
on Human Rights, other relevant human rights instruments and the Vienna
Declaration and Programme of Action,
Reaffirming that,
pursuant to internationally proclaimed human rights principles, victims of
grave violations of human rights should receive, in appropriate cases,
restitution, compensation and rehabilitation,
Reiterating the
importance of addressing the question of restitution, compensation and
rehabilitation for victims of grave violations of human
rights and fundamental freedoms in a systematic and
thorough way at the national and international levels,
Recalling its
resolution 1996/35 of 19 April 1996, in which it regarded the basic principles
and guidelines on the right to redress of victims of
grave violations of human rights and international
humanitarian law, proposed
by the former Special Rapporteur of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, Mr. Theo van Boven,
as a useful basis for giving priority attention to the question of restitution,
compensation and rehabilitation,
Taking note with appreciation of
the Secretary_General's note (E/CN.4/1999/53) submitted in compliance with
Commission resolution 1998/43 of 17 April 1998,
Also taking note with appreciation of
the report of the independent expert appointed by the Commission (E/CN.4/1999/65),
Noting with satisfaction the positive
experience of countries that have established policies and adopted legislation
on restitution, compensation and rehabilitation for victims of grave violations
of human rights;
1. Calls upon
the international community to give due attention to the right to restitution,
compensation and rehabilitation for victims of grave violations of human
rights;
2. Requests
the Secretary_General to invite States and intergovernmental and
non_governmental organizations to collaborate with the independent expert
appointed by the Commission and assist him in the performance of his task;
3. Requests
the independent expert to complete his work and submit to the Commission at its
fifty_sixth session, in accordance with the instructions issued by the
Commission in its resolution 1998/43, a revised version of the basic
principles and guidelines prepared by Mr. Theo van Boven
(E/CN.4/1997/104, annex), taking into account the views and comments of States
and of intergovernmental and non_governmental organizations;
4. Decides
to continue its consideration of this matter at its fifty_sixth session under
the agenda sub_item entitled “Independence of the
judiciary, administration of justice, impunity”.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/34. Impunity
The Commission on Human Rights,
Guided by the Charter of the United
Nations, the Universal Declaration of Human Rights, the International Covenants
on Human Rights and other relevant human rights instruments, and the Vienna
Declaration and Programme of Action,
Recalling the
universality, interdependence and indivisibility of civil, political, economic,
social and cultural rights,
Recalling also its
resolutions 1998/53 of 17 April 1998 and 1994/44 of 4 March 1994, and
taking note of resolutions 1998/13 of 20 August 1998 and
1997/28 of 28 August 1997 of the Sub‑Commission on
Prevention of Discrimination and Protection of Minorities, as well as section
II.E, paragraph 91, of the Vienna Declaration and Programme of Action
(A/CONF.157/23),
Convinced that the
practice and expectation of impunity for violations of international human
rights or humanitarian law encourage such violations and are among the
fundamental obstacles to the observance of international human rights and
humanitarian law and the full implementation of international human rights and
humanitarian law instruments,
Convinced also that
exposing violations of human rights, holding their perpetrators and their
accomplices and collaborators accountable, obtaining justice for their victims,
as well as preserving historical records of such violations and restoring the
dignity of victims through acknowledgment and commemoration of their suffering,
will guide future societies and are integral to the promotion and
implementation of all human rights and fundamental freedoms and to the prevention
of future violations,
Recognizing that
accountability of perpetrators of grave human rights violations is one of the
central elements of any effective remedy for victims of human rights violations
and a key factor in ensuring a fair and equitable justice system and,
ultimately, reconciliation and stability within a State,
Welcoming the
establishment, by a number of States where serious human rights violations have
occurred in the past, of mechanisms to expose such violations, including
commissions of inquiry or commissions for achieving truth and reconciliation,
Expressing satisfaction at the
completion of the mandate of General Assembly resolution 52/160 of 15
December 1997 by the adoption on 17 July 1998 of the Rome Statute of the
International Criminal Court (A/CONF.183/9), while acknowledging the work of
the International Criminal Tribunals for the Former Yugoslavia and for
Rwanda, as measures in the fight against impunity,
Conscious that the
phenomenon of impunity affects all spheres of society,
Convinced of the need
for Governments to combat impunity by addressing past or ongoing abuses, taking
measures aimed at preventing the recurrence of such violations,
1. Emphasizes
the importance of combating impunity to the prevention of violations of
international human rights and humanitarian law and urges States to give
necessary attention to the question of impunity for violations of international
human rights and humanitarian law, including those perpetrated against women,
and to take appropriate measures to address this important issue;
2. Recognizes
that, for the victims of human rights violations, public knowledge of their
suffering and the truth about perpetrators of these violations are essential
steps towards rehabilitation and reconciliation, and urges States to intensify
their efforts to provide victims of human rights violations with a fair and
equitable process through which these violations can be investigated and made
public and to encourage victims to participate in such a process;
3. Welcomes
in this regard the publication in some States of the reports of commissions of
truth and reconciliation established by those countries to address human rights
violations that have occurred there in the past and encourages other States
where serious human rights violations have occurred in the past to establish
appropriate mechanisms to expose such violations;
4. Emphasizes
the importance of taking all necessary and possible steps to hold accountable
perpetrators of violations of international human rights and humanitarian law,
and urges States to take action in accordance with due process of law;
5. Calls upon
States to cooperate with the Preparatory Commission that is engaged in drafting
the rules of procedure and evidence of the International Criminal Court and in
clarifying details of its operation, and to consider signing and ratifying the
Statute establishing the Court;
6. Calls upon
States and the United Nations High Commissioner for Human Rights to consider
providing to States, upon their request, concrete and practical assistance and
cooperation in seeking to achieve the goals set out in the present resolution;
7. Recalls
the report submitted by Mr. Louis Joinet pursuant to Sub‑Commission
decision 1996/119 of 29 August 1996 (E/CN.4/Sub.2/1997/20/Rev.1) and the
Set of principles for the protection and promotion of human rights through
action to combat impunity, annexed to the report, thanks those States that
submitted comments on the report pursuant to resolution 1998/53 and invites all
other States, international organizations and non‑governmental
organizations to provide the Secretary_General with their views and comments on
the report;
8. Requests
the Secretary‑General to again invite States to provide information on
any legislative, administrative or other steps they have taken to combat
impunity for human rights violations in their territory and to provide
information on remedies available to the victims of such violations;
9. Also
requests the Secretary‑General to collect the information and
comments received pursuant to the present resolution and to submit a report to
the Commission at its fifty-sixth session;
10. Invites
the special rapporteurs and other mechanisms of the Commission to continue to
give due consideration to the issue of impunity in the discharge of their
mandates;
11. Decides
to continue its consideration of this matter at its fifty‑sixth session
under the agenda item entitled “Promotion and protection
of human rights”.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/35. Extrajudicial, summary or arbitrary
executions
The Commission on Human Rights,
Recalling the
Universal Declaration of Human Rights, which guarantees the right to life,
liberty and security of person, and the relevant provisions of the International
Covenant on Civil and Political Rights,
Having regard to the legal
framework of the mandate of the Special Rapporteur on extrajudicial, summary or
arbitrary executions, including the provisions contained in Commission
resolution 1992/72 of 5 March 1992 and General Assembly resolution 47/136 of 18
December 1992,
Mindful of General Assembly
resolutions on the subject of extrajudicial, summary or arbitrary executions,
of which the latest is resolution 53/147 of
9 December 1998 in which the Assembly requested the Special Rapporteur
to submit to it at its fifty_fifth session an interim report on the situation
worldwide in regard to extrajudicial, summary or arbitrary executions and her
recommendations for more effective action to combat that phenomenon,
Recalling Economic and
Social Council resolution 1984/50 of 25 May 1984 and the Safeguards
guaranteeing protection of the rights of those facing the death penalty,
annexed thereto, and Council resolution 1989/64 of 24 May 1989 on their
implementation, as well as the Declaration of Basic Principles of Justice
for Victims of Crime and Abuse of Power, adopted by the General Assembly
in its resolution 40/34 of 29 November 1985,
Deeply alarmed at the
persistence, on a large scale, of extrajudicial, summary or arbitrary
executions in all parts of the world,
Dismayed that in a
number of countries impunity, the negation of justice, continues to prevail and
often remains the main cause of the continued occurrence of extrajudicial,
summary or arbitrary executions in those countries,
Acknowledging the historic
significance of the adoption of the Rome Statute of the International
Criminal Court (A/CONF.183/9),
Convinced of the need
for effective action to combat and to eliminate the abhorrent practice of
extrajudicial, summary or arbitrary executions, which represent a flagrant
violation of the fundamental right to life,
1. Strongly
condemns once again all the extrajudicial, summary or arbitrary executions
that continue to take place throughout the world;
2. Demands
that all Governments ensure that the practice of extrajudicial, summary or
arbitrary executions is brought to an end and that they take effective action
to combat and eliminate the phenomenon in all its forms;
3. Notes
that impunity continues to be a major cause of the perpetuation of violations
of human rights, including extrajudicial, summary or arbitrary executions;
4. Reiterates
the obligation of all Governments to conduct exhaustive and impartial
investigations into all suspected cases of extrajudicial, summary or arbitrary
executions, to identify and bring to justice those responsible, to grant
adequate compensation to the victims or their families and to adopt all
necessary measures to prevent the recurrence of such executions;
5. Calls upon
the Governments of all States in which the death penalty has not been abolished
to comply with their obligations under relevant provisions of international
human rights instruments, keeping in mind the safeguards and guarantees set out
in Economic and Social Council resolutions 1984/50 and 1989/64;
6. Urges
Governments to undertake all necessary and possible measures to prevent loss of
life during situations of public demonstrations, internal and communal
violence, disturbances, tension and public emergency or armed conflicts, and to
ensure that the police and security forces receive thorough training in human
rights matters, in particular with regard to restrictions on the use of force
and firearms in the discharge of their functions;
7. Appeals
to all Governments to ensure that all persons deprived of their liberty are
treated with humanity and with respect for the inherent dignity of the human
person and that conditions in places of detention conform to the Standard
Minimum Rules for the Treatment of Prisoners and, where applicable, to the
Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of
1977 in relation to the treatment of prisoners in armed conflicts, as well as
to other pertinent international instruments;
8. Takes note
of the report of the Special Rapporteur (E/CN.4/1999/39 and Add.1), including
the attention given therein to, and the recommendations on, various aspects and
situations of violations of the right to life by extrajudicial, summary or
arbitrary executions;
9. Expresses
its appreciation to those Governments that have invited the Special
Rapporteur to visit their countries, asks them to examine carefully the
recommendations made by the Special Rapporteur, invites them to report to the
Special Rapporteur on actions taken on those recommendations, and requests
other Governments, including those mentioned in the report of the Special
Rapporteur, to cooperate in a similar way;
10. Commends
the important role the Special Rapporteur has played towards the elimination of
extrajudicial, summary or arbitrary executions and encourages the Special
Rapporteur to continue, within the framework of the mandate, to collect
information from all concerned and to seek the views and comments of
Governments in order to be able to respond effectively to reliable information
that comes before the Special Rapporteur and to follow up on
communications and country visits;
11. Requests
the Special Rapporteur, in carrying out her mandate:
(a) To continue to
examine situations of extrajudicial, summary or arbitrary executions and to
submit her findings on an annual basis, together with conclusions and
recommendations, to the Commission, as well as such other reports as the
Special Rapporteur deems necessary in order to keep the Commission informed
about serious situations of extrajudicial, summary or arbitrary executions that
warrant its immediate attention;
(b) To respond
effectively to information which comes before her, in particular when an
extrajudicial, summary or arbitrary execution is imminent or seriously
threatened or when such an execution has occurred;
(c) To enhance
further her dialogue with Governments, as well as to follow up recommendations
made in reports after visits to particular countries;
(d) To continue to
pay special attention to extrajudicial, summary or arbitrary executions of
children and to allegations concerning violations of the right to life in the
context of violence against participants in demonstrations and other peaceful
public manifestations or against persons belonging to minorities;
(e) To pay special
attention to extrajudicial, summary or arbitrary executions where the victims
are individuals carrying out peaceful activities in defence of human rights and
fundamental freedoms;
(f) To continue
monitoring the implementation of existing international standards on safeguards
and restrictions relating to the imposition of capital punishment, bearing in
mind the comments made by the Human Rights Committee in its interpretation of
article 6 of the International Covenant on Civil and Political Rights, as well
as the Second Optional Protocol thereto;
(g) To apply a
gender perspective in her work;
12. Urges
the Special Rapporteur to draw to the attention of the United Nations High
Commissioner for Human Rights such situations of extrajudicial, summary or
arbitrary executions as are of particularly serious concern to her or where
early action might prevent further deterioration;
13. Welcomes
the cooperation established between the Special Rapporteur and other United
Nations mechanisms and procedures relating to human rights and encourages the
Special Rapporteur to continue efforts in this regard;
14. Strongly
urges all Governments:
(a) To cooperate
with and assist the Special Rapporteur so that her mandate may be carried out
effectively, including, where appropriate, by issuing invitations to the
Special Rapporteur when she so requests, in keeping with the usual terms of
reference for missions by special rapporteurs of the Commission on Human
Rights;
(b) To respond to
the communications transmitted to them by the Special Rapporteur;
15. Expresses
its concern that a number of Governments mentioned in the report of the
Special Rapporteur have not replied to specific allegations and reports of
extrajudicial, summary or arbitrary executions transmitted to them by the
Special Rapporteur;
16. Encourages
Governments, United Nations bodies and organs, the specialized agencies and
intergovernmental and non-governmental organizations, as appropriate, to
initiate, coordinate or support programmes designed to train and educate
military forces, law enforcement officers and government officials, as well as
members of United Nations peacekeeping or observer missions, on human rights
and humanitarian law issues connected with their work, and appeals to the
international community to support endeavours to that end;
17. Requests
the Secretary-General to provide the Special Rapporteur with an adequate and
stable level of human, financial and material resources in order to enable her
to continue to carry out her mandate effectively, including through country
visits;
18. Also
requests the Secretary-General to continue to use his best endeavours in
cases where the minimum standard of legal safeguards provided for in articles
6, 9, 14 and 15 of the International Covenant on Civil and Political Rights appears
not to be respected;
19. Further
requests the Secretary-General to continue, in close collaboration with the
United Nations High Commissioner for Human Rights, in conformity with the
High Commissioner's mandate established by the General Assembly in its
resolution 48/141 of 20 December 1993, to ensure that personnel specialized in
human rights and humanitarian law issues form part of
United Nations missions, where appropriate, in order to
deal with serious human rights violations, such as extrajudicial, summary or
arbitrary executions;
20. Decides
to consider the question of extrajudicial, summary or arbitrary executions as a
matter of priority at its fifty-sixth session under
the same agenda item.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/36. Right to freedom of opinion and
expression
The Commission on Human Rights,
Guided by the Universal Declaration
of Human Rights, which affirms the right to freedom of opinion and expression,
Mindful of the International Covenant
on Civil and Political Rights, which reaffirms, in article 19, the right of
everyone to hold opinions without
interference, as well as the right to freedom of
expression, including the
freedom to seek, receive and impart information and ideas
of all kinds,
regardless of frontiers, either orally, in writing or in
print, in the form of art or through any other media of their choice,
Mindful also that the
International Covenant on Civil and Political Rights also states that the
exercise of the right to freedom of expression carries with it special duties
and responsibilities and may therefore be subject to certain restrictions, but
that these should be only such as are provided by law and are necessary for the
respect of the rights and reputations of others, or for the protection of
national security or public order (ordre public) or of public health or
morals, and that any propaganda for war or any advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or
violence shall be prohibited by law,
Recalling the
Johannesburg Principles on National Security, Freedom of Expression and Access to
Information adopted by a group of experts meeting in South Africa on 1 October
1995 (E/CN.4/1996/39, annex),
Mindful of the need to ensure that
unjustified invocation of national security to restrict the right to freedom of
expression and information does not take place,
Noting that restrictions on the
exercise of the right to freedom of opinion and expression could indicate a
deterioration in the protection, respect for and enjoyment of other human
rights and freedoms,
Considering that the
effective promotion and protection of the human rights of persons who exercise
the right to freedom of opinion and expression are of fundamental importance to
the safeguarding of human dignity,
Reaffirming that
education is an integral component of the full and effective participation of
persons in a free society, in particular for the full enjoyment of the right to
freedom of opinion and expression, and that the eradication of illiteracy is
very important to the achievement of these goals and to the development of the
human person,
Deeply concerned at numerous
reports of detention, as well as discrimination, threats and acts of violence
and harassment, including persecution and intimidation, against professionals
in the field of information,
Taking note of the need
to raise awareness about all aspects of the interrelationship between the use
and availability of new media of communication, including modern
telecommunications technology, and the right to freedom of expression and
information, and of the efforts made in this regard in a number of international
and regional forums, and mindful of provisions of relevant instruments,
Deeply concerned that for
women there exists a gap between the right to freedom of opinion and
expression, the right to information and the effective enjoyment of those rights,
and that this gap contributes to inadequate action by Governments in the
integration of the human rights of women into the mainstream of their human
rights activities,
1. Reaffirms
its commitment to the principles contained in the International Covenant on
Civil and Political Rights;
2. Welcomes
the report of the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression (E/CN.4/1999/64 and Add.1_2);
3. Expresses
its concern at the extensive occurrence of detention, long‑term
detention and extrajudicial killing, persecution and harassment, including
through the abuse of legal provisions on criminal libel, of threats and acts of
violence and of discrimination directed at persons who exercise the right to
freedom of opinion and expression, including the right to seek, receive and
impart information, and the intrinsically linked rights to freedom of thought,
conscience and religion, peaceful assembly and association and the right to
take part in the conduct of public affairs, as well as at persons who seek to
promote the rights affirmed in the Universal Declaration of Human Rights and
the International Covenant on Civil and Political Rights and seek to educate
others about them or who defend those rights and freedoms, including legal
professionals and others who represent persons exercising those rights;
4. Also
expresses its concern at the number of cases in which the violations
referred to in paragraph 3 of the present resolution are facilitated and
aggravated by several factors such as abuse of states of emergency, exercise of
the powers specific to states of emergency without formal declaration, and too
vague a definition of offences against State security;
5. Calls
for further progress towards release of persons detained for exercising the
rights and freedoms referred to in paragraph 3 of the present resolution,
bearing in mind that each individual is entitled to the full enjoyment of all
human rights and fundamental freedoms;
6. Urges
Governments to implement effective measures to eliminate the atmosphere of fear
which often prevents women who have been victims of violence, either in
domestic or community settings or as a result of armed conflict, from
communicating freely on their own behalf or through intermediaries;
7. Invites
once again the working groups, representatives and special rapporteurs of
the Commission on Human Rights to pay attention, within the framework of their
mandates, to the situation of persons detained, subjected to violence, ill‑treated
or discriminated against for having exercised the right to freedom of opinion
and expression as affirmed in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and other relevant human
rights instruments;
8. Appeals
to all States:
(a) To ensure
respect and support for the rights of all persons who exercise the right to
freedom of opinion and expression, including the right to seek, receive and
impart information, the rights to freedom of thought, conscience and religion,
peaceful assembly and association and the right to take part in the conduct of
public affairs, or who seek to promote and defend these rights and freedoms,
and, where any persons have been detained, subjected to violence or threats of
violence or to harassment, including persecution and intimidation, even after
their release from detention, for exercising these rights as laid down in the
Universal Declaration of Human Rights, the International Covenant on Civil and Political
Rights and other relevant human rights instruments, to take the appropriate
steps to ensure the immediate cessation of these acts and to create conditions
under which these acts may be less liable to occur;
(b) To ensure that
persons seeking to exercise these rights and freedoms are not discriminated
against, particularly in such areas as employment, housing and social services,
and in this context to pay particular attention to the situation of women;
(c) To cooperate
with and assist the Special Rapporteur in the performance of his tasks and to
provide all information necessary in order to permit him fully to carry out his
mandate;
9. Invites
the Special Rapporteur, within the framework of his mandate:
(a) To draw the
attention of the United Nations High Commissioner for Human Rights to those
situations and cases regarding freedom of opinion and expression which are of
particularly serious concern to the Special Rapporteur, and encourages the High
Commissioner, within her mandate, to take into account reports in this regard
in the context of her activities to promote and protect human rights, with a
view to preventing the occurrence and recurrence of human rights violations;
(b) In cooperation
with the Special Rapporteur on violence against women, its causes and
consequences, to continue to pay particular attention to the situation of women
and the relationship between the effective promotion and protection of the
right to freedom of opinion and expression and incidents of discrimination
based on sex, creating obstacles for women with regard to their right to seek,
receive and impart information, and to consider how these obstacles impede the
ability of women to make informed choices in areas of particular importance to
them, as well as in areas related to the general decision‑making
processes in the societies in which they live;
(c) With a view to
promoting greater efficiency and effectiveness, as well as enhancing his access
to the information necessary for him to fulfil his duties, to continue his
efforts to cooperate with other special rapporteurs, special representatives,
independent experts, working groups, other United Nations mechanisms and
procedures in the field of human rights, specialized agencies, including the United
Nations Educational, Scientific and Cultural Organization, and regional
intergovernmental organizations, and further to develop and extend his network
of relevant non‑governmental organizations, particularly at the local
level, with a view to ensuring that he has the full benefit of all pertinent
information from such non‑governmental organizations;
(d) To develop
further his commentary on the freedom to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, and to expand on his
observations and recommendations arising from communications;
(e) To continue to
provide his views, when appropriate, on the advantages and challenges of new
information technologies, including the Internet, for the exercise of the right
to freedom of opinion and expression, including the right to seek, receive and
impart information and the relevance of a wide diversity of sources;
(f) To continue to
seek the views and comments of the Governments and others concerned in the
elaboration of his report, as well as to continue to carry out his work with
discretion and independence;
10. Expresses
once again its concern at the inadequate resources, both human and
material, provided to the Special Rapporteur, particularly in the light of the
information contained in his latest report, and accordingly reiterates its
request to the Secretary‑General to provide the assistance necessary to
the Special Rapporteur to fulfil his mandate effectively, in particular by
placing adequate human and material resources at his disposal;
11. Decides
to extend the mandate of the Special Rapporteur for a further three years;
12. Requests
the Special Rapporteur to submit to the Commission at its fifty‑sixth
session a report covering activities relating to his mandate and
decides to continue its consideration of this question at
that session.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/37. Question of arbitrary detention
The Commission on Human Rights,
Reaffirming articles 3,
9, 10 and 29, as well as other relevant provisions, of the Universal
Declaration of Human Rights,
Recalling articles 9,
10, 11 and 14 to 22 of the International Covenant on Civil and Political
Rights,
Bearing in mind that, in
accordance with Commission resolution 1991/42 of 5 March 1991, the task of
the Working Group on Arbitrary Detention is to investigate cases of detention
imposed arbitrarily or otherwise inconsistently with the relevant international
standards set forth in the Universal Declaration of Human Rights or in the
relevant international legal instruments accepted by the States concerned,
Reaffirming its
resolution 1998/41 of 17 April 1998,
1. Takes note:
(a) Of the report
of the Working Group on Arbitrary Detention (E/CN.4/1999/63 and Add.1-4);
(b) Of
the work of the Working Group on Arbitrary Detention and underlines the
positive initiatives it has taken to strengthen cooperation and dialogue with
States and the establishment of cooperation with all those concerned by the
cases submitted to it for consideration, in accordance with its mandate;
(c) Of the
importance that the Working Group attaches to coordination with other
mechanisms of the Commission, with other competent United Nations bodies
and with treaty bodies, as well as to the strengthening of the role of the
United Nations High Commissioner for Human Rights in such
coordination, and encourages the Working Group to take all necessary measures to
avoid duplication with those mechanisms, in particular regarding the treatment
of the communications it receives and field visits;
2. Also takes
note of the criteria defined by the Working Group in its evaluation of the
situation of immigrants and asylum_seekers, in accordance with the request made
by the Commission in its resolution 1998/41, and encourages it to continue its
work in this area;
3. Requests
the Governments concerned to take account of the Working Group's views and,
where necessary, to take appropriate steps to remedy the situation of persons
arbitrarily deprived of their liberty and to inform the Working Group of the
steps they have taken;
4. Encourages
the Governments concerned:
(a) To pay
attention to the recommendations of the Working Group concerning persons
mentioned in its report who have been detained for a number of years;
(b) To take
appropriate measures in order to ensure that their legislation in these fields
is in conformity with the relevant international standards and the relevant
international legal instruments applicable to the States concerned and not to
extend states of emergency beyond what is strictly required by the situation or
to limit their effects;
5. Encourages
all Governments to invite the Working Group to visit their countries so that it
may carry out its mandate even more effectively;
6. Requests
the Governments concerned to give the necessary attention to the “urgent
appeals” addressed to them by the Working Group on a strictly humanitarian
basis and without prejudging its possible final conclusions;
7. Expresses
its profound thanks to the Governments which have extended their
cooperation to the Working Group and responded to its requests for information
and invites all Governments concerned to demonstrate the same spirit of
cooperation;
8. Takes note
with satisfaction of the fact that the Working Group has been informed of
the release of some of the individuals whose situation has been brought to its
attention, while deploring the many cases which have not yet been resolved;
9. Requests
the Secretary_General:
(a) To extend his
assistance to Governments expressing the wish to receive it, as well as to
special rapporteurs and working groups, with a view to ensuring the promotion
and observance of the guarantees relating to states of emergency that are laid
down in the relevant international instruments;
(b) To ensure that
the Working Group receives all necessary assistance, particularly with regard
to the staffing and resources needed to continue to discharge its mandate,
especially in respect of field missions;
10. Requests
the Working Group to submit to it, at its fifty_sixth session, a report on
its activities and on the implementation of the present resolution and to
include any suggestions and recommendations which would enable it to carry out
its task in the best possible way and to continue its consultations to that end
in the framework of its terms of reference;
11. Decides
to continue its consideration of this question at its fifty_sixth session under
the relevant agenda item.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/38. Question of enforced or involuntary
disappearances
The Commission on Human Rights,
Recalling its
resolution 20 (XXXVI) of 29 February 1980, in which it decided to establish a
working group consisting of five of its members, to serve as experts in their
individual capacity, to examine questions relevant to enforced or involuntary
disappearances, its resolution 1995/75 of 8 March 1995 on
cooperation with representatives of United Nations human rights organs, and its
resolution 1998/40 of 17 April 1998,
Recalling also General
Assembly resolution 47/133 of 18 December 1992, by which the Assembly adopted
the Declaration on the Protection of All Persons from Enforced Disappearance as
a body of principles for all States, and Assembly resolutions 51/94 of 12
December 1996 and 53/150 of 9 December 1998,
Deeply concerned, in
particular, by the increase in enforced or involuntary disappearances in
various regions of the world and by the growing number of reports concerning
harassment, ill‑treatment and intimidation of witnesses of disappearances
or relatives of persons who have disappeared,
Emphasizing that
impunity is simultaneously one of the underlying causes of enforced disappearances
and one of the major obstacles to the elucidation of cases thereof,
1. Takes note
of the report submitted by the Working Group on Enforced or Involuntary
Disappearances pursuant to Commission resolution 1998/40 (E/CN.4/1999/62
and Add.1_2);
2. Welcomes
the work of the Working Group and encourages it, in the execution of its
mandate:
(a) To continue to
promote communication between families of disappeared persons and the
Governments concerned with a view to ensuring that sufficiently documented and
clearly identified individual cases are investigated and to ascertain whether
such information falls under its mandate and contains the required elements;
(b) To continue to
observe, in its humanitarian task, United Nations standards and practices regarding
the handling of communications and the consideration of government replies;
(c) To continue to
consider the question of impunity in the light of the relevant provisions of
the Declaration on the Protection of All Persons from Enforced Disappearance
and of the final reports submitted by the Special Rapporteur appointed by the
Sub‑Commission on Prevention of Discrimination and Protection of
Minorities;
(d) To continue to
pay particular attention to cases of children subjected to enforced
disappearance and children of disappeared persons and to cooperate closely with
the Governments concerned in searching for and identifying these children;
(e) To pay
particular attention to cases transmitted to it that refer to ill-treatment, serious
threatening or intimidation of witnesses of enforced or involuntary
disappearances or relatives of disappeared persons;
(f) To pay
particular attention to cases of disappearance of persons working for the
promotion and protection of human rights and fundamental freedoms, wherever
they occur, and to make appropriate recommendations for preventing such
disappearances and improving the protection of such persons;
(g) To continue to
apply a gender perspective in its reporting process, including in information
collection and the formulation of recommendations;
(h) To provide
appropriate assistance in the implementation by States of the Declaration and
of the existing international rules;
(i) To continue
its deliberations on its working methods and to include these aspects in its
report to the Commission at its fifty_sixth session;
3. Deplores the fact that some
Governments have never provided substantive replies concerning the cases of
enforced disappearances in their countries or acted on the recommendations
concerning them made in the reports of the Working Group;
4. Urges
the Governments concerned:
(a) To cooperate with
the Working Group and help it to carry out its mandate effectively, in
particular by inviting it freely to visit their countries;
(b) To intensify
their cooperation with the Working Group on any action taken pursuant to
recommendations addressed to them by the Working Group;
(c) To take steps
to protect witnesses of enforced or involuntary disappearances and the lawyers
and families of disappeared persons against any intimidation or ill‑treatment
to which they might be subjected;
(d) That have long
had many unresolved cases of disappearances, to continue their efforts to shed
light on the fate of the individuals concerned and to set in train with the
families of those individuals appropriate settlement machinery;
(e) To make
provision in their legal systems for machinery for victims of enforced or
involuntary disappearances or their families to seek fair and adequate
reparation;
5. Reminds
Governments:
(a) That all acts
of enforced or involuntary disappearance are crimes punishable by appropriate
penalties which should take due account of their extreme seriousness under
penal law;
(b) Of the need to
ensure that their competent authorities proceed immediately to conduct
impartial inquiries in all circumstances where there is reason to believe that
an enforced disappearance has occurred in territory under their jurisdiction;
(c) That, if such
belief is borne out, all the perpetrators of enforced or involuntary
disappearances must be prosecuted;
(d) That impunity
is simultaneously one of the underlying causes of enforced disappearances and
one of the major obstacles to the elucidation of cases thereof;
6. Expresses:
(a) Its thanks to
the many Governments that have cooperated with the Working Group and replied to
its requests for information and to the Governments that have invited the
Working Group to visit their countries, asks them to give all necessary
attention to the Working Group's recommendations and invites them to inform the
Working Group of any action they take on those recommendations;
(b) Its commendation of the efforts by
Governments which investigate, or develop appropriate mechanisms to
investigate, any cases of enforced disappearance which are brought to their
attention and encourages all the Governments concerned to expand their efforts
in this area;
7. Invites
States to take legislative, administrative, legal and other steps, including
when a state of emergency has been declared, to take action at the national and
regional levels and in cooperation with the United Nations, if appropriate
through technical assistance, and to provide the Working Group with concrete
information on the measures taken and the obstacles encountered in preventing
enforced, involuntary or arbitrary disappearances and in giving effect to the
principles set forth in the Declaration on the Protection of All Persons from
Enforced Disappearance;
8. Takes note
of the assistance provided to the Working Group by non_governmental
organizations and their activities in support of the implementation of the
Declaration and invites those organizations to continue their cooperation;
9. Takes note
of the draft International Convention on the Protection of All Persons from
Enforced Disappearance (E/CN.4/Sub.2/1998/19, annex) transmitted by the
Sub_Commission in its resolution 1998/25 of 26 August 1998, and
requests the Secretary_General to renew the invitation to States, international
organizations and non_governmental organizations to submit their views and
comments on this matter;
10. Requests
the Working Group to report on its activities to the Commission at its fifty‑sixth
session;
11. Requests
the Secretary‑General:
(a) To ensure that
the Working Group receives all the assistance and resources it requires to
perform its function, including, inter alia, support for the
principles of the Declaration on the Protection of All Persons from Enforced Disappearance,
to carry out and follow up missions, to hold sessions in countries that would
be prepared to receive it and to update the database on cases of enforced
disappearance;
(b) To keep the
Working Group and the Commission regularly informed of the steps he takes for
the wide dissemination and promotion of the Declaration;
12. Decides
to consider this matter at its fifty‑sixth session under
the same agenda item.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/39. Implementation of the Declaration on the
Elimination
of
All Forms of Intolerance and of Discrimination
Based
on Religion or Belief
The Commission on Human Rights,
Recalling that all
States have pledged themselves, under the Charter of the United Nations, to
promote and encourage universal respect for and observance of human rights and
fundamental freedoms for all without distinction as to race, sex, language or
religion,
Recalling also General
Assembly resolution 36/55 of 25 November 1981, by which it proclaimed the
Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief,
Recalling further article 18
of the International C
ovenant on Civil and Political Rights, article 18 of the
Universal Declaration of Human Rights and other relevant international
provisions,
Reaffirming the call by
the World Conference on Human Rights upon all Governments to take all
appropriate measures in compliance with their international obligations and
with due regard to their respective legal systems to counter intolerance and
related violence based on religion or belief, including practices of
discrimination against women and the desecration of religious sites,
recognizing that every individual has the right to freedom of thought,
conscience, expression and religion,
Alarmed that serious incidents of
intolerance and discrimination on the grounds of religion or belief, including
acts of violence, intimidation and coercion motivated by religious intolerance,
occur in many parts of the world and threaten the enjoyment of human rights and
fundamental freedoms,
Deeply concerned at the
increase in violence and discrimination against religious minorities, including
restrictive legislation and arbitrary application of legislative and other
measures,
Emphasizing that the
right to freedom of thought, conscience, religion and belief is far-reaching
and profound, and that it encompasses freedom of thought on all matters,
personal conviction and the commitment to religion or belief, whether
manifested individually or in community with others,
1. Welcomes
the report of the Special Rapporteur on religious intolerance (E/CN.4/1999/58
and Add.1_2);
2. Condemns
all forms of intolerance and of discrimination based on religion or belief;
3. Encourages
the efforts made by the United Nations High Commissioner for Human Rights to
coordinate in the field of human rights the activities of relevant United
Nations organs, bodies and mechanisms dealing with all forms of intolerance and
of discrimination based on religion or belief;
4. Urges
States:
(a) To ensure that
their constitutional and legislative systems provide adequate and effective
guarantees of freedom of thought, conscience, religion and belief to all
without discrimination, inter alia by the provision of effective
remedies in cases where the right to freedom of religion or belief, including
the freedom to change one’s religion or belief, is violated;
(b) To ensure, in
particular, that no one within their jurisdiction is deprived of the right to
life or the right to liberty and security of person because of religion or
belief, or is subjected to torture or arbitrary arrest or detention on that
account;
(c) In conformity
with international standards of human rights, to take all necessary action to
combat hatred, intolerance and acts of violence, intimidation and coercion
motivated by intolerance based on religion or belief, with particular regard to
religious minorities, and also including practices which violate the human
rights of women and discriminate against women;
(d) To recognize
the right of all persons to worship or assemble in connection with a religion
or belief and to establish and maintain places for these purposes;
(e) To ensure
that, in the course of their official duties, members of law enforcement
bodies, civil servants, educators and other public officials respect different
religions and beliefs and do not discriminate on the grounds of religion or
belief;
(f) To exert
utmost efforts, in accordance with their national legislation and in conformity
with international human rights standards, to ensure that religious places,
sites and shrines are fully respected and protected;
(g) To promote and
encourage, through education and other means, understanding, tolerance and
respect in matters relating to freedom of religion or belief;
5. Emphasizes
that, as underlined by the Human Rights Committee, restrictions on the freedom
to manifest religion or belief are permitted only if limitations are prescribed
by law, are necessary to protect public safety, order, health or morals, or the
fundamental rights and freedoms of others, and are applied in a manner that
does not vitiate the right to freedom of thought, conscience and religion;
6. Encourages
the continuing efforts of the Special Rapporteur to examine incidents and
governmental actions in all parts of the world that are incompatible with the
provisions of the Declaration and to recommend remedial measures as
appropriate;
7. Invites
the Special Rapporteur to contribute effectively to the preparatory process for
the World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance to be held in 2001 by forwarding to the High Commissioner
his recommendations on religious intolerance which have a bearing on the World
Conference;
8. Stresses
the need for the Special Rapporteur to apply a gender perspective, inter
alia through the identification of gender-specific abuses, in the reporting
process, including in information collection and in recommendations;
9. Calls upon
all Governments to cooperate fully with the Special Rapporteur on religious
intolerance, to respond favourably to requests from the Special Rapporteur to
visit their countries and to give serious consideration to inviting the Special
Rapporteur to visit so as to enable him to fulfil his mandate even more
effectively;
10. Welcomes
the work of the Special Rapporteur and reiterates the need for him to be able
to respond effectively to credible and reliable information that comes before
him, and invites him to continue to seek the views and comments of Governments
concerned in the elaboration of his report, as well as to continue to carry out
his work with discretion, objectivity and independence;
11. Notes
the request of the Special Rapporteur to change his title from Special
Rapporteur on religious intolerance to Special Rapporteur on freedom of
religion or belief, and decides to consider, at its fifty_sixth session,
changing the title;
12. Recognizes
that the exercise of tolerance and non-discrimination by all actors in society
is necessary for the full realization of the aims of the Declaration;
13. Welcomes
and encourages the continuing efforts of non-governmental organizations and
religious bodies and groups to promote the implementation of the Declaration;
14. Considers
it desirable to enhance the promotional and public information activities
of the United Nations in matters relating to freedom of religion or belief and
to continue the widest possible dissemination of the text of the Declaration,
in as many different languages as possible, by United Nations information
centres, as well as by other interested bodies;
15. Requests
the Secretary-General to continue to provide all necessary assistance to the
Special Rapporteur to enable him to carry out his mandate, to submit an
interim report to the General Assembly at its fifty_fourth session and to
report to the Commission at its fifty_sixth session;
16. Decides
to continue its consideration of the question at its
fifty_sixth session under the same agenda item.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XI.]
1999/40. Traffic in women and girls
The Commission on Human Rights,
Recalling all previous
resolutions on the problem of the traffic in women and girls adopted by the
General Assembly and the Commission on Human Rights, as well as the Convention
for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others,
Reaffirming the
provisions adopted by the World Conference on Human Rights, the International
Conference on Population and Development, the World Summit for Social
Development, the Fourth World Conference on Women and the Ninth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders pertaining
to the traffic in women and children,
Stressing once again the urgent
need to eliminate all forms of sexual violence and trafficking, including for
prostitution, which are violations of the human rights of women and girls and
are incompatible with the dignity and worth of the human person, through the
adoption of effective measures nationally, regionally and internationally,
Welcoming the
inclusion of gender‑related crimes in the Rome Statute of the
International Criminal Court (A/CONF.183/9), adopted on 17 July 1998 by the
United Nations Diplomatic Conference of Plenipotentiaries on the Establishment
of an International Criminal Court,
Taking note of General
Assembly resolution 53/111 of 9 December 1998 in which the Assembly decided to
establish an open‑ended intergovernmental ad hoc committee for the
purpose of elaborating a comprehensive international convention against
transnational organized crime, including if necessary the elaboration of an
international instrument addressing trafficking in women and children,
Welcoming the work
plan of the Office of the United Nations High Commissioner for Human Rights
that will give priority attention in 1999 to the issue of the traffic in women
and girls, particularly for purposes of sexual exploitation,
Acknowledging the report
of the Special Rapporteur on the sale of children, child prostitution and child
pornography (E/CN.4/1999/71 and Add.1), particularly the special focus on the
sale and trafficking of children,
Welcoming bilateral
and regional cooperation mechanisms and initiatives to address the problem of
trafficking in women and girls, and taking note of the draft convention on
preventing and combating trafficking in women and children for the purposes of
prostitution of the South Asian Association for Regional Cooperation, as well
as the establishment of the Association of Southeast Asian Nations Center for
Combating Transnational Organized Crime,
Recognizing that global
efforts, including international cooperation and technical assistance
programmes, to eradicate trafficking in women and girls demand strong political
commitment by and the active cooperation of all Governments of countries of
origin, transit and destination,
Underlining the importance
of systematic data collection in determining the extent and nature of the
problem of trafficking in women and girls and the need for countries to
establish or upgrade data banks to be able to understand better the magnitude
of trafficking and the situation of victims,
Stressing the need for
a global approach to eradicate trafficking in women and children and the
importance, in this regard, of systematic data collection and comprehensive
studies, including on the modus operandi of trafficking syndicates,
Acknowledging the work
done by intergovernmental and non‑governmental organizations in compiling
information on the scale and complexity of the problem of trafficking, in
providing shelter for trafficked women and children, and in effecting their
voluntary repatriation to their countries of origin,
Noting with concern the
increasing number of women and girl children from developing countries and from
some economies in transition who are being trafficked to developed countries,
as well as within and between regions and States, and acknowledging that the
problem of trafficking also includes the victimizing of young boys,
Gravely concerned at the
increasing activities of transnational criminal organizations and others that
profit from international trafficking in women and children without regard to
dangerous and inhumane conditions and in flagrant violation of domestic
laws and international standards,
Deeply concerned about the
unabated use of new information technologies, including the Internet, for
purposes of prostitution, child pornography, paedophilia, trafficking in women
as brides and sex tourism,
1. Takes note
with appreciation of the note by the Secretary‑General
(E/CN.4/1999/66) drawing the attention of the Commission to his report to the
General Assembly on trafficking in women and girls (A/53/409);
2. Welcomes
national, regional and international efforts to implement the recommendations
of the World Congress against Commercial Sexual Exploitation of Children, and
calls upon Governments to take further measures in that regard;
3. Calls upon
Governments of countries of origin, transit and destination and appropriate
regional and international organizations to implement the Platform for Action
of the Fourth World Conference on Women (A/CONF.177/20, chap. I, annex II)
and the Vienna Declaration and Programme of Action of the World Conference
on Human Rights (A/CONF.157/23);
4. Urges
Governments to take appropriate measures to address the root factors, including
external factors, that encourage trafficking in women and girls for
prostitution and other forms of commercialized sex, forced marriages and forced
labour, so as to eliminate trafficking in women, including by strengthening
existing legislation with a view to providing better protection of the rights
of women and girls and to punishing perpetrators, through both criminal and
civil measures;
5. Invites
Governments to take steps to ensure for victims of trafficking the respect of
all their human rights and fundamental freedoms;
6. Calls upon
Governments to criminalize trafficking in women and girls in all its forms, to
condemn and penalize all the offenders involved, including intermediaries,
whether their offence was committed in their own or in a foreign country, while
ensuring that the victims of those practices are not penalized, and to penalize
persons in authority found guilty of sexually assaulting victims of trafficking
in their custody;
7. Encourages
Governments to conclude bilateral, subregional, regional and international
agreements to address the problem of trafficking in women and girls;
8. Also
encourages Governments in elaborating the draft convention against
organized transnational crime, including the draft protocol to prevent,
suppress and punish trafficking in women and children, to include fully a human
rights perspective and to take into account work being done in other
international forums, particularly the Commission on Human Rights Working Group
on an optional protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography;
9. Invites
Governments to encourage Internet service providers to adopt or strengthen self‑regulatory
measures to promote the responsible use of the Internet with a view to
assisting in the elimination of trafficking in women and girls;
10. Encourages
Governments, in cooperation with non‑governmental organizations, to
undertake campaigns aimed at clarifying opportunities, limitations and rights
in the event of migration so as to enable women to make informed decisions and
to prevent them from becoming victims of trafficking;
11. Invites
Governments, with the support of the United Nations, to formulate manuals for
the training of personnel who receive and/or hold in temporary custody victims
of gender‑based violence, including trafficking, taking into account
current research and data on traumatic stress and gender‑sensitive
counselling techniques, with a view to sensitizing them to the special needs of
the victims;
12. Encourages
relevant United Nations bodies and organizations, including the United Nations
International Research and Training Institute for the Advancement of Women, the
United Nations Development Fund for Women, the United Nations Children’s Fund,
the International Labour Organization and the United Nations Educational,
Scientific and Cultural Organization, as well as the International Organization
for Migration, to contribute to the preparation of guidelines for the use of
Governments in the elaboration of their training manuals and in the preparation
of educational and information programmes, in cooperation with relevant
intergovernmental and non‑governmental organizations;
13. Encourages
the Office of the United Nations High Commissioner for Human Rights to continue
to include the issue of traffic in women and girls in its programme of work
under its advisory, training and information activities, with a view to
providing assistance to Governments, upon their request, in instituting
preventive measures against trafficking through education and appropriate
information campaigns;
14. Calls upon
concerned Governments to allocate resources to provide comprehensive programmes
designed to heal and rehabilitate into society victims of trafficking,
including through job training, legal assistance and health care and by
taking measures to cooperate with non‑governmental organizations to
provide for the social, medical and psychological care of the victims;
15. Invites
relevant intergovernmental and non‑governmental organizations to provide
advisory services to Governments, upon their request, in planning and
setting up rehabilitation programmes for victims of trafficking and in training
personnel who will be directly involved in the implementation of those
programmes;
16. Encourages
Governments to strengthen cooperation to combat trafficking and rehabilitate
victims, including through, inter alia:
(a) Technical
cooperation to developing countries requesting assistance;
(b) Sharing of
experience, best practices and lessons learned;
(c) Consultation
mechanisms, such as the regional consultation process organized in cooperation
with the International Organization for Migration;
17. Invites
the Special Rapporteur on violence against women, its causes and consequences,
and the Special Rapporteur on the sale of children, child prostitution and
child pornography and the Working Group on Contemporary Forms of Slavery of the
Sub‑Commission on Prevention of Discrimination and Protection of
Minorities to continue addressing, within their respective mandates, the
problem of trafficking in women and girls as a priority concern and to
recommend, in their reports, measures to combat such phenomena;
18. Encourages
the Inter‑Agency Committee on Women and Gender Equality to continue to
address the issue as part of the integrated follow‑up to the Fourth World
Conference on Women;
19. Requests
the Secretary_General to provide the Commission, at its fifty‑sixth
session, with a report on activities of United Nations bodies and other
international organizations pertaining to the problem of trafficking in women
and girls;
20. Decides
to continue its consideration of this question at its
fifty‑sixth session under the appropriate agenda
item.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XII.]
1999/41. Integrating
the human rights of women
throughout
the United Nations system
The Commission on Human Rights,
Reaffirming that the
equal rights of women and men are enshrined in the Charter of the United
Nations, the Universal Declaration of Human Rights, the Convention on the
Elimination of All Forms of Discrimination against Women and other
international human rights instruments,
Recalling all previous
resolutions on this subject,
Recalling
also that, in the Vienna Declaration and Programme of Action
(A/CONF.157/23), the World Conference on Human Rights affirmed that the
human rights of women and of the girl child are an inalienable, integral
and indivisible part of universal human rights and called for action to
integrate the equal status and human rights of women into the mainstream of
United Nations system_wide activity,
Emphasizing that
all entities of the United Nations system should further mainstream a gender
perspective at all levels,
Bearing
in mind that the Fourth World Conference on Women, in the
Beijing Platform for Action (A/CONF.177/20, chap. I, annex II), called upon all
relevant organs, bodies and agencies of the United Nations system, all human
rights bodies of the United Nations system, as well as the United Nations
High Commissioner for Human Rights and the United Nations
High Commissioner for Refugees, to give full, equal and sustained
attention to the human rights of women in the exercise of their respective
mandates,
Mindful of
the twentieth anniversary, in 1999, of the Convention on the Elimination of All
Forms of Discrimination against Women,
Emphasizing the
pivotal role of the Commission on the Status of Women in promoting equality
between women and men, and welcoming its agreed conclusions on the human rights
of women and on the other critical areas of concern of the Platform for Action,
Acknowledging the
need to integrate further the human rights of women and a gender perspective
into all aspects of the work of the Commission on Human Rights,
Acknowledging,
furthermore, the need for a comprehensive and integrated approach to the
promotion and protection of the human rights of women, which includes the
integration of the human rights of women into the mainstream of
United Nations activities system_wide,
Reaffirming the
important role women's groups and non_governmental organizations play in
promoting and protecting the human rights of women,
1. Welcomes the report of the
Secretary_General (E/CN.4/1999/67 and Add.1);
2. Welcomes the adoption by the
Commission on the Status of Women at its forty_third session of the text of the
draft optional protocol to the Convention on the Elimination of All Forms of
Discrimination against Women and urges the early adoption of the Optional
Protocol by the General Assembly;
3. Encourages the continued commitment
of the United Nations High Commissioner for Human Rights to
integrating the human rights of women throughout the United Nations system and,
in this regard, welcomes efforts by the High Commissioner to finalize the
mission statement on gender and the human rights of women;
4. Also welcomes agreed conclusions
1998/2 of 28 July 1998 adopted by the Economic and Social Council at its 1998
coordination segment on coordination of the policies and activities of the
specialized agencies and other bodies of the United Nations system related to
the coordinated follow_up to and implementation of the Vienna Declaration and
Programme of Action, in particular section IV on the equal status and human
rights of women;
5. Emphasizes that the goal of
mainstreaming a gender perspective is to achieve gender equality and that this
includes ensuring that all United Nations activities integrate the human
rights of women, and to this end calls upon all relevant actors to implement
the agreed conclusions 1997/2 of the Economic and Social Council on
mainstreaming the gender perspective as well as the agreed conclusions 1998/2
on follow_up to and implementation of the Vienna Declaration and Programme of
Action;
6. Urges the relevant organs, bodies and
agencies of the United Nations system, including all human rights bodies,
the United Nations High Commissioner for Human Rights and the United Nations
High Commissioner for Refugees to bear in mind, in the recruitment of staff, inter
alia, the need for expertise in women's and girls' enjoyment of human
rights;
7. Emphasizes the need for further
activities in the United Nations system to strengthen expertise concerning
the equal status and human rights of women through, inter alia, the
provision of training on the human rights of women and on gender mainstreaming,
including through gender impact analysis, to all United Nations personnel
and officials at Headquarters and in the field, especially in field operations;
8. Recognizes that gender mainstreaming
will strongly benefit from the enhanced and full participation of women,
including at the higher levels of decision_making in the United Nations system,
and in this regard strongly encourages Member States to promote gender balance
by, inter alia, regularly nominating more women candidates for election
to the human rights treaty bodies and for appointment to United Nations bodies,
the specialized agencies and other organs;
9. Encourages United Nations bodies and
agencies to increase cooperation with other organizations in developing
activities to address, within their respective mandates, violations of the
human rights of women and to promote the full enjoyment of all human rights and
fundamental freedoms by women, including by developing activities with other
organizations;
10. Welcomes the cooperation and
coordination between the Division for the Advancement of Women and the Office
of the High Commissioner for Human Rights aimed at mainstreaming women's
human rights, such as the joint work plan (E/CN.6/1999/2), and requests that
this plan continue to reflect all aspects of work under way and identify where
obstacles/impediments exist and areas for further collaboration, and that it be
made available to the Commission on Human Rights at its fifty_sixth
session and to the Commission on the Status of Women at its forty_fourth
session;
11. Calls for further strengthening of
cooperation and coordination between the Commission on Human Rights and the
Commission on the Status of Women and between the Office of the High
Commissioner for Human Rights and the Division for the Advancement of Women in
order to promote more effectively women's human rights;
12. Draws the attention of the special
rapporteurs/representatives, other human rights mechanisms of the Commission on
Human Rights, as well as the human rights treaty bodies, to the comprehensive
review and appraisal of the Beijing Platform for Action, which will take place
at a special session of the General Assembly in June 2000, encourages
them to contribute to the review process and encourages the Commission on the
Status of Women, acting as the preparatory committee for the special
session, to invite, as appropriate, the mechanisms and the chairpersons of the
treaty bodies to participate in the special session;
13. Requests all human rights treaty
bodies, special procedures and other human rights mechanisms of the Commission
on Human Rights and the Sub_Commission on Prevention of Discrimination and
Protection of Minorities regularly and systematically to take a gender
perspective into account in the implementation of their mandates, and to
include in their reports information on and qualitative analysis of human
rights of women and girls, and encourages the strengthening of cooperation and
coordination in this regard;
14. Recalls the paper prepared for the
meeting of special rapporteurs/representatives, independent experts and
chairpersons of working groups of the special procedures of the Commission on
Human Rights and of the advisory services programme held from 28 to 30 May 1996
(E/CN.4/1997/3, annex) and the description therein of gender_specific analysis
and reporting as an examination of the effects of gender on the form which a
human rights violation takes, the circumstances in which a particular violation
occurs, the consequences for the victim and the availability and accessibility
of remedies, and urges the implementation of the recommendations pertaining to
working methods and reporting methodology, including sources of information and
gender_specific analysis in conclusions and recommendations;
15. Draws attention to the need to develop
practical strategies to implement the recommendations contained in the report
of the expert group meeting on the development of guidelines for the
integration of a gender perspective into human rights activities and programmes
(E/CN.4/1996/105, annex) and, in this regard, welcomes the organization of
another such meeting in 1999 to evaluate measures taken and any obstacles to
implementation of the guidelines, including assessing possible new strategies
to implement them;
16. Takes note with appreciation of the
request made by the Economic and Social Council in its agreed conclusions
1998/2 that the Commission make explicit the integration of a gender
perspective when establishing or renewing human rights mandates;
17. Encourages the use of gender-inclusive
language in the formulation, interpretation and application of human rights
instruments, as well as in reports, resolutions and/or decisions of the
Commission, the Sub_Commission and the various human rights mechanisms, and
requests the Office of the United Nations High Commissioner for Human Rights to
utilize gender_inclusive language in the preparation of all of its
communications, reports and publications;
18. Encourages the efforts of the treaty
bodies to monitor more effectively the human rights of women in their
activities, and reaffirms that it is the responsibility of all treaty bodies,
in their work, to integrate a gender perspective, bearing in mind the need:
(a) To develop gender_sensitive guidelines to be
used in the review of States parties' reports;
(b) To develop, as a matter of priority, a common
strategy towards mainstreaming the human rights of women into their work, so
that each body, within its mandate, monitors the human rights of women;
(c) To incorporate a gender analysis and
regularly exchange information in the development of general comments and
recommendations, with a view to the preparation of general comments which
reflect a gender perspective;
(d) To incorporate a gender perspective in
concluding observations so that the concluding observations of each treaty body
delineate the strengths and weaknesses of each State party insofar as enjoyment
by women of the rights guaranteed by a particular treaty is concerned;
19. Welcomes the submission of reports by
specialized agencies, at the invitation of the Committee on the Elimination of
Discrimination against Women, on the implementation of the Convention in areas
falling within the scope of their activities and the contribution of
non_governmental organizations to the work of the Committee;
20. Encourages all entities of the
United Nations system to pay systematic, increased and sustained attention
to the recommendations of the Committee, in order to ensure that its concluding
observations and general recommendations are better utilized in their
respective work;
21. Urges all States that have not yet
ratified or acceded to the Convention on the Elimination of All Forms of
Discrimination against Women to do so as soon as possible so that universal
ratification of the Convention can be achieved by the year 2000, and encourages
early signature and ratification of the Optional Protocol to the Convention
once it is adopted by the General Assembly;
22. Urges States to limit the extent of
any reservations to the Convention on the Elimination of All Forms of
Discrimination against Women, to formulate any such reservations as precisely
and as narrowly as possible, to ensure that no reservations are incompatible
with the object and purpose of the Convention or otherwise incompatible with
international treaty law and regularly to review them with a view to
withdrawing them, and withdraw reservations that are contrary to the object and
purpose of the Convention or which are otherwise incompatible with
international treaty law;
23. Urges States that have ratified or
acceded to the Convention to take action to implement the Convention fully and
to take account of the recommendations of the Committee on the Elimination of
Discrimination against Women in this regard;
24. Requests the Secretary_General to
report, at its fifty_sixth session, on the implementation of the present
resolution;
25. Expresses its determination to
integrate a gender perspective into all agenda items of the Commission;
26. Decides to continue its consideration
of the question at its
fifty_sixth
session.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XII.]
1999/42. Elimination of violence against women
The
Commission on Human Rights,
Reaffirming that
discrimination on the basis of sex is contrary to the Charter of the United
Nations, the Universal Declaration of Human Rights, the Convention on the
Elimination of All Forms of Discrimination against Women and other
international human rights instruments, and that its elimination is an integral
part of efforts towards the elimination of violence against women,
Recalling its
resolutions 1994/45 of 4 March 1994, in which it decided to appoint a special
rapporteur on violence against women, its causes and consequences, and 1997/44
of 11 April 1997, in which that mandate was renewed,
Welcoming the
adoption by the General Assembly, in its resolution 48/104 of 20 December 1993,
of the Declaration on the Elimination of Violence against Women, which
recognizes that violence against women both violates and impairs or nullifies
the enjoyment by women of human rights and fundamental freedoms, and expresses
concern about the long‑standing failure to protect and promote these
rights and freedoms in relation to violence against women,
Stressing that
the implementation of the Convention on the Elimination of All Forms of
Discrimination against Women will contribute to the elimination of violence
against women and that the implementation of the Declaration on the Elimination
of Violence against Women strengthens and complements this process, and
welcoming the Beijing Declaration and Platform for Action of the Fourth World
Conference on Women (A/CONF.177/20, chap. I) and follow‑up action such as
the agreed conclusions adopted by the Commission on the Status of Women on
violence against women and on the other critical areas of concern identified in
the Platform for Action,
Recalling that
the Vienna Declaration and Programme of Action adopted by the World Conference
on Human Rights (A/CONF.157/23) affirmed that gender‑based violence and
all forms of sexual harassment and exploitation, including those resulting from
cultural prejudice and international trafficking, are incompatible with the
dignity and worth of the human person, and must be eliminated,
Concerned that
violence against women in the family occurs within the context of de jure
and de facto discrimination against women and the lower status accorded to
women in the family, the workplace, the community and society, and is
exacerbated by the obstacles women often face in seeking remedies from the
State,
Reaffirming that
traditional or customary practices affecting the health of women and girls
constitute a definite form of violence against them and a serious violation of
their human rights,
Deeply
concerned that some groups of women, such as women belonging to
minority groups, indigenous women, refugee women, migrant women, women living
in rural or remote communities, destitute women, women in institutions or in
detention, the girl child, women with disabilities, elderly women and women in
situations of armed conflict, are especially targeted and vulnerable to
violence,
Reiterating that
acts of sexual violence in situations of armed conflict constitute grave
breaches of international humanitarian law,
Noting
with appreciation the Special Rapporteur's participation at the
twentieth session of the Committee on the Elimination of Discrimination against
Women,
Bearing
in mind that the Vienna Declaration and Programme of Action
calls for action to integrate the equal status and human rights of women into
the mainstream of United Nations system-wide activity, stresses the importance
of working towards the elimination of violence against women in public and
private life, and urges the eradication of all forms of discrimination against
women,
1. Welcomes the report of the Special
Rapporteur on violence against women, its causes and consequences
(E/CN.4/1999/68 and Add.1-4), and encourages her in her future work;
2. Commends the Special Rapporteur for
her analysis of violence in the family, violence in the community and violence
as perpetrated and/or condoned by the State;
3. Condemns all acts of gender‑based
violence against women and in this regard calls, in accordance with the
Declaration on the Elimination of Violence against Women, for the elimination
of all forms of gender‑based violence in the family, within the general
community and where perpetrated or condoned by the State, and emphasizes the
duty of Governments to refrain from engaging in violence against women and to
exercise due diligence to prevent, investigate and, in accordance with national
legislation, punish acts of violence against women and to take appropriate and
effective action concerning acts of violence against women, whether those acts are
perpetrated by the State, by private persons or by armed groups or warring
factions, and to provide access to just and effective remedies and specialized,
including medical, assistance to victims;
4. Strongly condemns physical, sexual
and psychological violence occurring in the family, which encompasses, but is
not limited to, battering, sexual abuse of female children in the household,
dowry-related violence, marital rape, female genital mutilation and other
traditional practices harmful to women, non-spousal violence and violence
related to exploitation;
5. Also condemns all violations of the
human rights of women in situations of armed conflict, recognizes them to be
violations of international human rights and humanitarian law and calls for an
effective response to violations of this kind;
6. Welcomes the inclusion of
gender-related crimes in the Rome Statute of the International Criminal Court
(A/CONF.183/9), which affirms that rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization and any other forms of sexual violence
constitute, in defined circumstances, a crime against humanity and a war crime;
7. Requests all Governments to cooperate
with and assist the Special Rapporteur in the performance of the tasks and
duties mandated, to supply all information requested and to respond to the
Special Rapporteur's visits and communications;
8. Welcomes the efforts of the Special
Rapporteur to seek information from Governments concerning specific cases of
alleged violence in order to identify and investigate situations of violence
against women, its causes and consequences, in particular, where appropriate,
by sending joint urgent appeals and communications with other special
rapporteurs;
9. Also welcomes the efforts of those
special rapporteurs, special representatives and independent experts who have
considered the issue of violence against women and encourages any other
relevant United Nations mechanisms to give consideration to this issue in the
implementation of their mandates;
10. Requests human rights treaty bodies,
other special rapporteurs responsible for various human rights questions,
United Nations bodies and organs, specialized agencies and intergovernmental
and non‑governmental organizations, including women's organizations, to
cooperate with and assist the Special Rapporteur in the performance of her
mandated tasks and duties, and in particular to respond to her requests for
information on violence against women, its causes and consequences;
11. Recalls the report of the Special
Rapporteur to the Commission at its fifty-second session (E/CN.4/1996/53 and
Add.2) which, inter alia, contained general and specific recommendations
to guide State action with respect to violence against women in the family, and
invites States to give due regard to those recommendations;
12. Stresses the conclusions and
recommendations of the Special Rapporteur that States have an affirmative duty
to promote and protect the human rights of women and must exercise due
diligence to prevent all forms of violence against women, and calls upon
States:
(a) To apply international human rights norms and
to ratify and/or implement fully international human rights instruments that
relate to violence against women;
(b) To include in reports submitted in accordance
with the provisions of relevant United Nations human rights instruments gender‑disaggregated
data and, whenever possible, information pertaining to violence against women
and measures taken to implement the Declaration on the Elimination of Violence
against Women and the Beijing Platform for Action;
(c) To condemn violence against women and not
invoke custom, tradition or practices in the name of religion to avoid their
obligations to eliminate such violence;
(d) To enact and, where necessary, reinforce or
amend penal, civil, labour and administrative sanctions in domestic legislation
to punish and redress the wrongs done to women and girls subjected to any form
of violence, whether in the home, the workplace, the community or society, in
custody or in situations of armed conflict, and to ensure that they conform
with relevant international human rights instruments and humanitarian law;
(e) In this context, to take action to
investigate and punish persons who perpetrate acts of violence against women;
(f) To consider undertaking comprehensive,
objective and easily accessible information campaigns about violence against
women;
(g) To establish and/or strengthen, at the
national level, collaborative relationships with relevant non-governmental and
community-based organizations, and with public and private sector institutions,
aimed at the development and effective implementation of provisions and
policies relating to violence against women, including in the area of support
services to respond to the needs of women and girl survivors of violence and to
assist them in their full recovery and reintegration into society;
(h) To create, improve or develop, as
appropriate, and fund training programmes, taking into account, inter alia,
gender-disaggregated data on the causes and effects of violence against women,
for judicial, legal, medical, social, educational, police, correctional
service, military, peacekeeping and immigration personnel, in order to avoid
the abuse of power leading to violence against women and to sensitize such
personnel to the nature of gender‑based acts and threats of violence so
that fair treatment of female victims can be ensured;
(i) To sensitize all persons, men and women, to
the causes and effects of violence against women and to highlight men's role in
its prevention and elimination, to encourage and support men's initiatives to
complement the efforts of women's organizations in this regard, and to
encourage behavioural change by perpetrators of violence against women;
13. Reminds Governments that their
obligations under the Convention on the Elimination of All Forms of
Discrimination against Women must be implemented fully with regard to violence
against women, taking into account General Recommendation No. 19, adopted by
the Committee on the Elimination of Discrimination against Women at its
eleventh session, and calls upon those States which are still not parties to
the Convention to work actively towards ratification of or accession to it so
that universal ratification can be achieved by the year 2000;
14. Calls upon States to eradicate
traditional or customary practices affecting the health of women and girls
through, in addition to national legislation and policies prohibiting such
practices, appropriate measures against those responsible and the promotion of
awareness, education and training;
15. Welcomes the Global Campaign to end
violence against women;
16. Requests Governments to support
initiatives of women's organizations and non‑governmental organizations
all over the world to raise awareness of the issue of violence against women
and to contribute to its elimination;
17. Renews its request to the Secretary‑General
to continue to provide the Special Rapporteur with all necessary assistance, in
particular the staff and resources required to perform all mandated functions,
especially in carrying out and following up on missions undertaken either
separately or jointly with other special rapporteurs and working groups, and
adequate assistance for periodic consultations with the Committee on the
Elimination of Discrimination against Women and all other treaty bodies;
18. Invites the Special Rapporteur to
continue to cooperate with other special rapporteurs, special representatives,
independent experts and chairpersons of the working groups of the special
procedures of the Commission, including, where appropriate, undertaking joint
missions and writing joint reports;
19. Requests the Secretary‑General
to ensure that the reports of the Special Rapporteur are brought to the
attention of the Commission on the Status of Women at its forty‑fourth
session, as well as to the attention of the Committee on the Elimination of
Discrimination against Women;
20. Decides to continue consideration of
the question as a matter of
high
priority at its fifty-sixth session.
55th
meeting
26
April 1999
[Adopted
without a vote. See chap. XII.]
1999/43. Abduction of children from northern Uganda
The
Commission on Human Rights,
Recalling its
resolution 1998/75 of 22 April 1998,
Recalling the
principles set out in the Universal Declaration of Human Rights, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others, the Convention on the Rights of the
Child and the International Covenant on Civil and Political Rights,
Recalling
also the findings and recommendations presented in the final
report of the expert appointed by the Secretary-General on the impact of armed
conflict on children (see A/51/306 and Add.1),
Recalling
further the Vienna Declaration and Programme of Action adopted
by the World Conference on Human Rights in 1993 (A/CONF.157/23), which
expressed concern about violations of human rights during armed conflicts
affecting the civilian population, especially women, children, the elderly and
the disabled,
Recalling the
obligation of States parties to respect and strictly observe international
humanitarian law in accordance with the Geneva Conventions of 12 August 1949
for the protection of war victims, the Additional Protocols thereto of 1977 and
other principles of international law,
Acknowledging the
concern expressed in the concluding observations of the Committee on the Rights
of the Child (CRC/C/15/Add.80) about the abduction, killing and torture of
children, as well as the recruitment of children as child soldiers, in northern
Uganda,
Recognizing the
urgent need for the adoption of effective measures, nationally, regionally and
internationally, to protect the civilian population, especially women and
children, in northern Uganda from the effects of armed conflict,
Expressing
profound concern at the continuing abduction, torture, detention,
rape, enslavement and forced recruitment of children from northern Uganda,
1. Takes note of the report of the
Secretary-General (E/CN.4/1999/69 and Corr.1);
2. Also takes note of the findings and
recommendations contained in the reports issued in 1997 by United Nations
bodies and organizations and non_governmental organizations on the abduction of
children from northern Uganda;
3. Concurs with the comments of the
Committee on the Rights of the Child on the involvement of children in the
conflict in northern Uganda, in particular the recommendation on measures to
stop the killing and abduction of children and the use of children as child
soldiers;
4. Condemns in the strongest terms all
parties involved in the abduction, torture, killing, rape, enslavement and
forcible recruitment of children in northern Uganda, particularly by the Lord's
Resistance Army;
5. Demands the immediate cessation of
all abductions and attacks on all civilian populations, in particular women and
children, in northern Uganda by the Lord's Resistance Army;
6. Calls for the immediate and
unconditional release and safe return of all abducted children currently held
by the Lord's Resistance Army;
7. Requests the United Nations Voluntary
Fund for Victims of Torture, established by the General Assembly by its
resolution 36/151 of 16 December 1981, to provide assistance to the
victims and their families suffering from the effects of torture inflicted by
the Lord's Resistance Army;
8. Urges all Member States,
international organizations, humanitarian bodies and all other concerned
parties with any influence on the Lord's Resistance Army to exert all possible
pressure on it to release, immediately and unconditionally, all children from
northern Uganda;
9. Demands that all parties external to
the conflict in northern Uganda supporting, directly or indirectly, the
continuing abduction and detention of children by the Lord's Resistance Army
cease immediately all such assistance and collaboration;
10. Calls upon Member States to undertake
to respect and ensure respect for the rules of international humanitarian law
applicable to them in armed conflicts which are relevant to the child;
11. Requests once again the Special
Representative of the Secretary_General on the impact of armed conflict on
children, the United Nations Children's Fund, the Office of the United
Nations High Commissioner for Refugees, the Office of the United Nations
High Commissioner for Human Rights and all relevant organizations,
agencies and bodies of the United Nations system to address this situation as a
matter of priority;
12. Requests the Secretary-General to
report on the implementation of the present resolution to the Commission
on Human Rights at its fifty_sixth session;
13. Decides to continue its consideration
of this question at its
fifty-sixth
session under the same agenda item.
55th
meeting
26
April 1999
[Adopted
by a roll_call vote of 28 votes to 1,
with
24 abstentions. See chap. XIII.]
1999/44. Human rights of migrants
The
Commission on Human Rights,
Considering that
the Universal Declaration of Human Rights proclaims that all human beings are
born free and equal in dignity and rights and that everyone is entitled to all
the rights and freedoms set out therein, without distinction of any kind, in
particular as to race, colour or national origin,
Reaffirming that
every State party to the International Covenant on Civil and Political Rights must
ensure to all individuals within its territory and subject to its jurisdiction
the rights recognized in that Covenant,
Reaffirming
also that every State party to the International Covenant on
Economic, Social and Cultural Rights must undertake to guarantee that the
rights enunciated in that Covenant will be exercised without discrimination of
any kind, including on the basis of national origin,
Taking
note of the large and increasing number of migrants in the
world,
Deeply
concerned at the manifestations of racism, xenophobia and other
forms of discrimination and inhuman and degrading treatment against migrants in
different parts of the world,
Bearing
in mind the situation of vulnerability in which migrants
frequently find themselves, owing, among other things, to their absence from
their State of origin and to the difficulties they encounter because of
differences of language, custom and culture, as well as the economic and social
difficulties and obstacles for the return of migrants who are non_documented or
in an irregular situation to their States of origin,
Bearing
also in mind the need for a focused and consistent approach towards
migrants as a specific vulnerable group, particularly women and children
migrants,
Encouraged by
the increasing interest of the international community in the effective and
full protection of the human rights of all migrants,
Recalling its
resolutions 1998/16 of 9 April 1998 and 1997/15 of 3 April 1997
and its decision to reconvene the Working Group of intergovernmental experts on
the human rights of migrants with the mandate to gather all relevant
information on the obstacles existing to the effective and full protection of
the human rights of migrants and to elaborate recommendations on strengthening
the promotion, protection and implementation of the human rights of migrants,
Having
examined the report of the Working Group of intergovernmental
experts on the human rights of migrants (E/CN.4/1999/80),
Taking
note with appreciation of the recommendations of the
Working Group,
Resolved to
ensure respect for the human rights and fundamental freedoms of all migrants,
1. Acknowledges that the principles and
standards embodied in the Universal Declaration of Human Rights apply to
everyone, including migrants;
2. Requests States, in conformity with
their respective constitutional systems, the Universal Declaration of Human
Rights and the international instruments to which they are party, which may
include the International Covenants on Human Rights, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child and
other applicable international human rights instruments, effectively to promote
and protect the human rights of all migrants;
3. Decides to appoint, for a three_year
period, a special rapporteur on the human rights of migrants to examine ways
and means to overcome the obstacles existing to the full and effective
protection of the human rights of this vulnerable group, including obstacles
and difficulties for the return of migrants who are non_documented or in an
irregular situation, with the following functions:
(a) To request and receive information from all
relevant sources, including migrants themselves, on violations of the human
rights of migrants and their families;
(b) To formulate appropriate recommendations to
prevent and remedy violations of the human rights of migrants, wherever they
may occur;
(c) To promote the effective application of
relevant international norms and standards on the issue;
(d) To recommend actions and measures applicable
at the national, regional and international levels to eliminate violations of
the human rights of migrants;
(e) To take into account a gender perspective
when requesting and analysing information, as well as to give special attention
to the occurrence of multiple discrimination and violence against migrant
women;
4. Requests the Special Rapporteur, in
carrying out his/her mandate, to give careful consideration to the various
recommendations of the Working Group of intergovernmental experts aimed at the
promotion and protection of the human rights of migrants, and to take into
consideration relevant human rights instruments of the United Nations to
promote and protect the human rights of migrants;
5. Invites the Special Rapporteur, in
carrying out this mandate and within the framework of the Universal Declaration
of Human Rights and all other international instruments, to request, receive
and exchange information on violations of the human rights of migrants from
Governments, treaty bodies, specialized agencies, special rapporteurs for
various human rights questions and from intergovernmental organizations, other
competent organizations of the United Nations system and non_governmental
organizations, including migrants' organizations, and to respond effectively to
such information;
6. Requests the Special Rapporteur, in
carrying out his/her mandate, to take into account bilateral and regional
negotiations which aim at addressing, inter alia, the return and
reinsertion of migrants who are non_documented or in an irregular situation;
7. Requests the Chairman of the
Commission, after consultations with the other members of the Bureau, to
appoint as Special Rapporteur an individual of recognized international
standing and experience in addressing the human rights of migrants;
8. Requests all Governments to cooperate
fully with the Special Rapporteur in the performance of the tasks and duties
mandated and to furnish all information requested, including by reacting
promptly to his/her urgent appeals;
9. Encourages Governments to give
serious consideration to inviting the Special Rapporteur to visit their
countries so as to enable him/her to fulfil the mandate effectively;
10. Invites the Special Rapporteur to
contribute to the preparatory committee for the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, within the
framework of the objectives of the Conference, including by identifying major
issues to be considered by the Conference;
11. Requests the Special Rapporteur to
submit a report on his/her activities to the Commission at its fifty_sixth
session;
12. Requests the Secretary_General to give
the Special Rapporteur all necessary human and financial assistance for the
fulfilment of his/her mandate;
13. Decides to examine this question
further, as a matter of priority, at its fifty_sixth session under the same
agenda item.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XIV.]
1999/45. International Convention on the Protection
of
the
Rights of All Migrant Workers and Members
of
Their Families
The Commission on Human Rights,
Reaffirming once more
the permanent validity of the principles and standards embodied in the
principal instruments regarding the international protection of human rights,
in particular the Universal Declaration of Human Rights, the International
Covenants on Human Rights, the International Convention on the Elimination of
All Forms of Racial Discrimination, the Convention on the Elimination of All
Forms of Discrimination against Women and the Convention on the Rights of the
Child,
Bearing in mind the
principles and standards established within the framework of the International
Labour Organization and the importance of the task carried out in connection
with migrant workers and their families in other specialized agencies and in
various United Nations bodies,
Concerned at the
situation of migrant workers and members of their families and at the marked
increase in migratory movements that has occurred, especially in certain parts
of the world,
Underlining the
importance of the creation of conditions to foster greater harmony and
tolerance between migrant workers and the rest of the society of the State in
which they reside, with the aim of eliminating the growing manifestations of
racism and xenophobia taking place in segments of many societies and
perpetrated by individuals or groups against migrant workers,
Recalling General
Assembly resolution 45/158 of 18 December 1990, by which the Assembly adopted
and opened for signature, ratification and accession to the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families, contained in the annex to the resolution,
Considering that the
Vienna Declaration and Programme of Action adopted by the World Conference on
Human Rights (A/CONF.157/23) urges all States to guarantee the protection of
all migrant workers and their families and invites them to consider the
possibility of signing and ratifying the Convention at the earliest possible
time,
1. Expresses
its deep concern at the growing manifestations of racism, xenophobia and
other forms of discrimination and inhuman and degrading treatment against
migrant workers in different parts of the world;
2. Urges
countries of destination to review and adopt, as appropriate, measures to
prevent the excessive use of force and to ensure that their police forces and
competent migration authorities comply with the basic standards relating to the
decent treatment of migrant workers and their families, inter alia
through the organization of training courses on human rights;
3. Takes
note of the report of the Secretary_General on the status of the
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families (E/CN.4/1999/77), and welcomes the fact that some
additional Member States have recently signed, ratified or acceded to the
Convention;
4. Calls
upon all Member States to consider the possibility of signing and ratifying
or acceding to the Convention as a matter of priority, and expresses the hope
that this international instrument will enter into force at an early date;
5. Requests
the Secretary_General to provide all facilities and assistance necessary for
the active promotion of the Convention, through the World Public Information
Campaign for Human Rights and the programme of advisory services in the field
of human rights;
6. Welcomes
the launching of the global campaign for entry into force of the Convention,
and invites organizations and agencies of the United Nations system, as
well as intergovernmental and non_governmental organizations, to continue and
intensify their efforts with a view to disseminating information on and
promoting the Conventions;
7. Requests
the Secretary_General to submit to the Commission at its fifty_sixth session a
report on the status of the Convention and on the efforts made by the Secretariat
to promote the Convention and the protection of the rights of migrant workers;
8. Decides
to include in the provisional agenda of its fifty_sixth session the item
entitled “Specific groups and individuals:
migrant workers”.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XIV.]
1999/46. Contemporary forms of slavery
The Commission on Human Rights,
Gravely concerned at modern
manifestations of slavery, the slave trade and slavery_like practices,
Recalling its previous
resolutions on the subject, especially resolution 1997/20 of 11 April
1997, and taking note of relevant resolutions
of the Sub_Commission on Prevention of Discrimination and
Protection of Minorities on the subject, including 1997/22 of 27 August 1997
and 1998/19 of 21 August 1998,
Bearing in mind that no one
shall be held in slavery or servitude, as provided in the Slavery Convention of
1926, the Supplementary Convention on the Abolition of Slavery, the Slave Trade
and Institutions and Practices Similar to Slavery of 1956 and the Convention
for the Suppression of the Traffic in Persons and the Exploitation of the
Prostitution of Others of 1949, as well as other provisions in the Universal
Declaration of Human Rights, the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights
prohibiting slavery or servitude,
Acknowledging that the
Internet can be a valuable medium of communication but noting the necessity of
paying particular attention to the use of the Internet to promote sexual
exploitation and trafficking,
Reaffirming the
necessity of examining the problem of allegations regarding the removal of
organs and tissues of children and adults for commercial purposes, taking
special account of information from the specialized agencies, in particular the
Task Force on Organ Transplantation of the Advisory Committee on Health
Research of the World Health Organization,
1. Welcomes
the work of the Working Group on Contemporary Forms of Slavery and takes note
of its recommendations made at its 1997 and 1998 sessions;
2. Expresses
its grave concern at manifestations of contemporary forms of slavery, inter
alia, those reported to and by the Working Group;
3. Notes
that the Secretary_General has not yet received any information about the
reliability of allegations regarding the removal of organs and tissues of
children and adults and, in order to enable the Commission to examine this
question, again requests the Secretary-General to seek information among
relevant specialized agencies, working closely in particular with the Advisory
Committee on Health Research of the World Health Organization and the
International Criminal Police Organization, and to include an analysis of the
information received in an updated report to be submitted to the Commission at
its fifty-sixth session;
4. Calls
upon States:
(a) To
consider, in accordance with relevant provisions of international human rights
instruments, as a matter of priority, reviewing, amending and enforcing
existing laws or enacting new laws, with a view to preventing the use of, inter
alia, the Internet for trafficking and sexual exploitation of women and
children, as well as new levels of cooperation among Governments in this
regard;
(b) To
take appropriate action for the protection of particularly vulnerable groups,
such as children and migrant women, against exploitation of the prostitution of
others and other slavery–like practices, including the possible establishment
of national bodies to achieve this objective;
(c) To
consider developing national plans of action taking account, inter alia,
of the Programme of Action for the Prevention of the Traffic in Persons
and the Exploitation of the Prostitution of Others (E/CN.4/Sub.2/1995/28/Add.1)
adopted by the Commission in its resolution 1996/61 of 23 April 1996;
(d) To
consider ratifying, if they have not yet done so, the pertinent international
instruments relating to slavery, the slave trade and slavery_like practices;
5. Once
again requests the Secretary-General:
(a) To
designate the United Nations High Commissioner for Human Rights as the focal
point for the coordination of activities and dissemination of information in
the United Nations system on the suppression of contemporary forms of slavery;
(b) To
give effect to his decision to reassign to the Working Group
a Professional staff member of the Office of the United Nations
High Commissioner for Human Rights, as was the case in the past, to work
on a permanent basis to ensure continuity of the implementation of the
resolutions of the Sub_Commission and the Commission and close coordination
within and outside the Office on issues relating to contemporary forms of
slavery;
(c) To
transmit to Governments an appeal for contributions to the United Nations
Voluntary Trust Fund on Contemporary Forms of Slavery;
6. Decides
to consider this question at its fifty-sixth session.
56th
meeting
27
April 1999
[Adopted
by a roll_call vote of 36 votes to none,
with
17 abstentions. See chap. XIV.]
1999/47. Internally displaced persons
The Commission on Human Rights,
Deeply disturbed by the
alarmingly high numbers of internally displaced persons throughout the world
who receive inadequate protection and assistance, and conscious of the serious
problem this is creating for the international community,
Conscious of the human
rights and humanitarian dimensions of the problem of internally displaced
persons and the responsibilities this poses for States and the international
community to explore methods and means better to address their protection and
assistance needs,
Recalling its previous
relevant resolutions, in particular resolution 1998/50 of 17 April 1998,
and those of the General Assembly, as well as the Vienna Declaration and
Programme of Action (A/CONF.157/23), regarding the need to develop global
strategies to address the problem of
internal displacement,
Recalling in particular Economic and
Social Council agreed conclusions 1998/1 of 17 July 1998 on special
economic, humanitarian and disaster relief assistance, in which the Council
noted with satisfaction the designation of the Emergency Relief Coordinator as
the focal point for inter_agency coordination of humanitarian assistance to
internally displaced persons and also noted the adoption by the Inter-Agency
Standing Committee of the Guiding Principles on Internal Displacement
(E/CN.4/1998/53/Add.2, annex),
Recalling also that the
Economic and Social Council in its agreed conclusions 1998/2 of 28 July 1998 on
the coordinated follow-up to and implementation of the Vienna Declaration and
Programme of Action commended the efforts of the Representative of the
Secretary-General to promote a comprehensive strategy that focuses on
prevention, as well as better protection, assistance and development for
internally displaced persons,
Noting Sub-Commission on Prevention
of Discrimination and Protection of Minorities resolution 1998/26 of 26 August
1998 on housing and property restitution in the context of the return of
refugees and internally displaced persons and encouraging it to continue its
work on this matter,
Deploring practices of
forced displacement, in particular “ethnic cleansing”, and the negative impact
they constitute for the enjoyment of fundamental human rights by large groups
of populations,
Recalling the relevant
norms of international human rights instruments, international humanitarian law
and refugee law, and recognizing that the protection of internally displaced
persons has been strengthened by identifying, reaffirming and consolidating
specific rights for their protection, in particular through the Guiding
Principles on Internal Displacement,
Noting the work of the
Representative of the Secretary_General on internally displaced persons in
developing a legal framework, in particular the compilation and analysis of
legal norms and the development of guiding principles; analysing institutional
arrangements; undertaking dialogue with Governments; and issuing a series of
reports on particular country situations together with proposals for remedial
measures,
Welcoming the
cooperation established between the Representative of the Secretary_General and
the United Nations as well as other international and regional organizations,
in particular the participation of the Representative of the Secretary-General
in the meetings of the Inter-Agency Standing Committee and its subsidiary
bodies, and encouraging further strengthening of this collaboration in order to
promote better assistance, protection and development strategies for internally
displaced persons,
1. Takes
note with appreciation of the report of the Representative of the
Secretary_General on internally displaced persons (E/CN.4/1999/79 and Add.1_2);
2. Expresses
its appreciation to the Representative of the Secretary_General for the
activities undertaken so far, despite the limited resources available to him,
and for the catalytic role he continues to play to raise the level of
consciousness about the plight of internally displaced persons;
3. Also
expresses its appreciation to those Governments and intergovernmental and
non_governmental organizations which have provided assistance and protection to
internally displaced persons and have supported the work of the Representative
of the Secretary_General, urges them to continue to do so and calls upon others
to provide support for the Representative;
4. Encourages
the Representative of the Secretary_General through continuous dialogue with
Governments and all intergovernmental and non_governmental organizations
concerned to continue his analysis of the causes of internal displacement, the
needs of those displaced, measures of prevention and ways to strengthen
protection, assistance and solutions for the internally displaced, taking into
account specific situations;
5. Welcomes
the fact that the Representative of the Secretary_General has made use of the
Guiding Principles in his dialogue with Governments and intergovernmental and
non_governmental organizations, in particular in the framework of the seminars
on displacement held in 1998 under the auspices of the Organization of African
Unity, and requests him to continue his efforts in that regard;
6. Notes
with appreciation that United Nations agencies, regional and
non_governmental organizations are making use of the Guiding Principles in
their work and encourages the further dissemination and application of the Guiding
Principles;
7. Welcomes
the specific attention paid by the Representative of the Secretary_General to
the special assistance, protection and development needs of internally
displaced women and children and encourages him to continue to draw attention
to these needs;
8. Thanks
Governments which have invited the Representative of the Secretary_General to
visit their countries and encourages them to follow up on his recommendations
and suggestions and to make available information on measures taken thereon;
9. Calls
upon all Governments to facilitate the activities of the Representative of
the Secretary_General, in particular those Governments with situations of
internal displacement which have not yet extended invitations or responded
positively to requests for information from the Representative;
10. Commends
the Representative of the Secretary_General for his efforts to promote a
comprehensive strategy that focuses on prevention, as well as better
protection, assistance and development for internally displaced persons;
11. Welcomes
the development of frameworks of cooperation to address the needs of internally
displaced persons, in particular the designation of the Emergency Relief
Coordinator as the focal point for inter-agency coordination of humanitarian
assistance to internally displaced persons, the appointment of an adviser on
internally displaced persons within the Office for the Coordination of
Humanitarian Affairs and the designation of focal points on internally displaced
persons within some of the other international organizations, and encourages
the Representative of the Secretary_General, the United Nations High
Commissioner for Human Rights, the United Nations High Commissioner for
Refugees, the Emergency Relief Coordinator and the Office for the Coordination
of Humanitarian Affairs, the United Nations Development Programme, the United
Nations Children's Fund, the World Food Programme, the World Health
Organization, the International Organization for Migration, the International
Committee of the Red Cross and all other relevant humanitarian assistance and
development organizations further to enhance their collaboration;
12. Urges
these organizations, especially through the Inter_Agency Standing Committee, to
continue to focus on problems relating to protection, assistance and solutions
for internally displaced persons;
13. Welcomes
the efforts to establish a global information system on internally displaced
persons, as advocated by the Representative of the Secretary-General, and
encourages the members of the Inter-Agency Standing Committee to continue to
collaborate in these efforts;
14. Also
welcomes the initiatives undertaken by regional organizations, such as the
Organization of African Unity, the Organization of American States and the
Organization for Security and Cooperation in Europe, to address the assistance,
protection and development needs of internally displaced persons and encourages
them to strengthen their activities and their cooperation with the Representative
of the Secretary_General;
15. Further
welcomes the attention paid by relevant special rapporteurs, working
groups, experts and treaty bodies to issues of internal displacement, and calls
upon them to continue to seek information on situations which have already
created or could create internal displacement and to include relevant
information and recommendations thereon in their reports and make them
available to the Representative of the Secretary_General;
16. Calls
upon the United Nations High Commissioner for Human Rights to develop
projects, in cooperation with Governments, relevant international organizations
and the Representative of the Secretary_General, to promote the human rights of
internally displaced persons, as part of the programme of advisory services and
technical cooperation, and to include in her report to the Commission
information on their implementation;
17. Requests
the Secretary_General to provide his Representative, from within existing
resources, with all necessary assistance to carry out his mandate
effectively, and encourages the Representative of the Secretary_General to
continue to seek the contribution of local, national and regional institutions;
18. Requests
the Representative of the Secretary-General to continue to report on his
activities to the General Assembly and to the Commission on Human Rights;
19. Decides
to continue its consideration of the question of internal displacement at its
fifty_sixth session.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XIV.]
1999/48. Rights of persons belonging to national
or ethnic,
religious and linguistic minorities
The Commission on Human Rights,
Recalling General
Assembly resolution 47/135 of 18 December 1992, as well as subsequent
resolutions of the Assembly on the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities,
Considering that the
promotion and protection of the rights of persons belonging to national or
ethnic, religious and linguistic minorities contribute to political and social
stability and peace and enrich the cultural heritage of society as a whole,
Affirming that
effective measures and the creation of favourable conditions for the promotion
and protection of the rights of persons belonging to national or ethnic,
religious and linguistic minorities, ensuring effective non‑discrimination
and equality for all, contribute to the prevention and peaceful solution of
human rights problems and situations involving minorities,
Acknowledging that
national or ethnic, religious and linguistic minorities contribute to the
diversity of societies and that minority rights promote tolerance within societies,
and recognizing that promoting a culture of tolerance through human rights
education shall be advanced by all States,
Concerned at the
growing frequency and severity of disputes and conflicts regarding minorities
in many countries, and their often tragic consequences, and that persons
belonging to minorities are particularly vulnerable to displacement through, inter
alia, population transfers, refugee flows and forced relocation,
Also concerned at instances
of victimization or marginalization of persons belonging to minorities in
situations of political or economic instability,
Recalling its
resolution 1995/24 of 3 March 1995 authorizing the SubCommission on Prevention
of Discrimination and Protection of Minorities to establish an intersessional
working group consisting of five of its members,
to meet each year for five working days in order to
promote the rights of persons belonging to minorities, and Economic and Social
Council decision 1998/246 of 30 July 1998 extending the mandate of the
Working Group,
Taking note of Sub‑Commission
resolution 1998/24 of 26 August 1998,
Acknowledging that the
United Nations has an increasingly important role to play regarding the
protection of minorities by, inter alia, taking due account of and
giving effect to the Declaration,
1. Takes
note of the report of the SecretaryGeneral on the rights of persons
belonging to national or ethnic, religious and linguistic minorities
(E/CN.4/1999/113) and of the report of the Working Group on Minorities on its
fourth session (E/CN.4/Sub.2/1998/18), in particular the conclusions and
recommendations contained therein;
2. Reaffirms
the obligation of States to ensure that persons belonging to national or
ethnic, religious and linguistic minorities may exercise fully and effectively
all human rights and fundamental freedoms without any discrimination and in
full equality before the law in accordance with the Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities;
3. Urges
States and the international community to promote and protect the rights of
persons belonging to national or ethnic, religious and linguistic minorities,
as set out in the Declaration, including through the facilitation of their
participation in all aspects of the political, economic, social, religious and
cultural life of society and in the economic progress and development of the
country;
4. Also
urges States to take, as appropriate, all the necessary constitutional,
legislative, administrative and other measures to promote and give effect to
the Declaration;
5. Recommends that the human rights
treaty bodies, when considering reports submitted by States parties, give
particular attention to the implementation of articles relating to the rights
of persons belonging to national or ethnic, religious and linguistic
minorities;
6. Calls
upon special representatives, special rapporteurs and working groups of the
Commission to continue to give attention, within their respective mandates, to
situations involving minorities;
7. Calls
upon the SecretaryGeneral to make available, at the request of Governments
concerned, qualified expertise on minority issues, including the prevention and
resolution of disputes, to assist in existing or potential situations involving
minorities, and to include in his report to its fifty_sixth session information
on relevant projects and activities in this regard;
8. Calls
upon the United Nations High Commissioner for Human Rights to continue to
promote, within her mandate, the implementation of the Declaration and to
engage in a dialogue with Governments concerned for that purpose;
9. Invites
the High Commissioner to continue her efforts to improve the coordination and
cooperation of United Nations programmes and agencies active in the field of
the promotion and protection of the rights of persons belonging to national or
ethnic, religious and linguistic minorities and invites the United Nations
programmes and agencies to provide relevant information to her on their
activities and programmes in the field of minority protection;
10. Takes
note of the recommendations of the expert seminar on the role of the media
in protecting minorities, held in conjunction with the fourth session of
the Working Group on Minorities (E/CN.4/Sub.2/1998/18, annex I);
11. Requests
the Working Group, within its mandate, to contribute to, and participate in,
the preparations for the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance;
12. Requests
the SecretaryGeneral to provide the Working Group, from within existing
resources, with all the necessary services and facilities to fulfil its
mandate;
13. Calls
upon States, intergovernmental organizations, United Nations bodies
and nongovernmental organizations to participate actively in the work of the
Working Group, including through written contributions;
14. Also
calls upon States to facilitate the effective participation of
representatives of non‑governmental organizations and persons belonging
to minorities in the work of the Working Group on Minorities and invites the
High Commissioner for Human Rights to seek voluntary contributions in this
regard;
15. Requests
the SecretaryGeneral to report to the Commission at its fiftysixth session on
the implementation of the present resolution;
16. Decides
to continue its consideration of this question at its fiftysixth session under
the same agenda item.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XIV.]
1999/49. The protection of human rights in the
context of
human
immunodeficiency virus (HIV) and acquired
immune
deficiency syndrome (AIDS)
The Commission on Human Rights,
Recalling its
resolution 1997/33 of 11 April 1997 and other relevant resolutions and
decisions adopted by organizations of the United Nations system, as well as by
other competent forums,
Welcoming the fact
that many positive steps in implementing its previous resolutions have been
taken, including the enactment of legislation in some
countries to promote human rights in the context of
HIV/AIDS and to prohibit discrimination against persons infected or presumed to
be infected and members of vulnerable groups,
Encouraging the
continuation of national, regional and international consultations in the field
of HIV/AIDS and human rights,
Noting with concern that in 1998
virtually every country in the world had new cases of HIV infection and that,
according to estimates by the Joint United Nations Programme on HIV/AIDS
(UNAIDS) and the World Health Organization, in 1998 the number of people living
with HIV increased to 33.4 million, the number of people newly infected
with HIV was 5.8 million and the number of people who died from AIDS was 2.5
million,
Noting with particular concern
that, according to estimates by UNAIDS and the World Health Organization, more
than 95 per cent of all people infected with HIV live in the developing world,
which has also experienced 95 per cent of all deaths to date from AIDS,
that this is largely due to the absence of access - in conditions of poverty,
underdevelopment, conflict and other problems - to appropriate measures for
prevention, treatment and care, and that implementation of effective strategies
for prevention, treatment and care is critically needed,
Noting the devastating economic
impact of HIV/AIDS, including increased mortality and morbidity among the
working_age population, losses in family income, greater numbers of orphans and
higher health and social costs,
Emphasizing, in view of
the increasing challenges presented by HIV/AIDS, the need for intensified
efforts to ensure universal respect for and observance of human rights and
fundamental freedoms for all, to reduce vulnerability to HIV/AIDS and to
prevent HIV/AIDS-related discrimination and stigma,
Concerned that lack of
full enjoyment of human rights by persons suffering from economic, social or
legal disadvantage heightens the vulnerability of such persons to the risk of
HIV infection and to its impact, if infected,
Also concerned that, in
many countries, many people infected and affected by HIV, as well as those
presumed to be infected, continue to be discriminated against in law, policy
and practice,
Welcoming the
significant role of UNAIDS in cooperation with relevant bodies of the United Nations
system, in particular the Office of the United Nations High Commissioner
for Human Rights, and of national and international non-governmental
organizations, in particular organizations of people living with HIV/AIDS, in
promoting and protecting human rights in the context of HIV/AIDS, including
fighting discrimination against people living with HIV/AIDS, and in the full
range of prevention, treatment and care activities,
Reiterating that
discrimination on the basis of HIV or AIDS status, actual or presumed, is
prohibited by existing international human rights
standards, and that the term “or other status” in
non-discrimination provisions in international human rights texts should be
interpreted to cover health status, including HIV/AIDS,
Welcoming the report
of the Secretary-General on the protection of human rights in the context of
the human immunodeficiency virus (HIV) and acquired immune deficiency syndrome
(AIDS) (E/CN.4/1999/76), which provides an overview of the opinions of
Governments, specialized agencies and international and non-governmental
organizations on the Guidelines recommended by the experts participating in the
Second International Consultation on HIV/AIDS and Human Rights (E/CN.4/1997/37,
annex I), their dissemination and implementation, and which addresses the issue
of technical cooperation for the promotion and protection of human rights in
the context of HIV/AIDS,
1. Invites
States, United Nations organs, programmes and specialized agencies and international
and non-governmental organizations to continue to take all necessary steps to
ensure the respect, protection and fulfilment of HIV-related human rights as
contained in the Guidelines on HIV/AIDS and Human Rights and to contribute to
international cooperation in the context of HIV/AIDS-related human rights, inter
alia through the sharing of knowledge, experience and achievements
concerning HIV-related issues;
2. Invites
States to strengthen national mechanisms for protecting HIV/AIDS-related human
rights and to take all necessary measures to eliminate stigmatization of and
discrimination against those infected and affected by HIV/AIDS, especially for
women, children and vulnerable groups, so that infected persons who reveal
their HIV status, those presumed to be infected and other affected persons are
protected from violence, stigmatization and other negative consequences;
3. Invites
States, United Nations organs, programmes and specialized agencies and
international and non-governmental organizations to assist developing
countries, in particular the least developed countries and those in Africa, in
their efforts to prevent the spread of the epidemic and alleviate and control
the detrimental impact of HIV/AIDS on the human rights of their populations;
4. Urges
States to ensure that their laws, policies and practices respect human rights
in the context of HIV/AIDS, prohibit HIV/AIDS-related discrimination, promote
effective programmes for the prevention of HIV/AIDS, including through
education and awareness-raising campaigns and improved access to high-quality
goods and services for preventing transmission of the virus, and promote
effective programmes for the care and support of persons infected and affected
by HIV, including through improved and equitable access to safe and effective
medication for the treatment of HIV infection and HIV/AIDS-related
illnesses;
5. Requests States to establish
coordinated, participatory, transparent and accountable national policies and
programmes for HIV/AIDS response and to translate national policies to district
level and local action, involving in all phases of development
and implementation non_governmental and community_based organizations and
people living with HIV/AIDS;
6. Also
requests States to develop and support services, including legal aid where
appropriate, to educate people infected and affected by HIV/AIDS about their
rights and to assist them in realizing their rights;
7. Further
requests States to take all the necessary steps, including appropriate
education, training and media programmes, to combat discrimination, prejudice
and stigma, and to ensure the full enjoyment of civil, political, economic,
social and cultural rights by people infected and affected by HIV/AIDS;
8. Requests
States, in consultation with the relevant national professional bodies, to
ensure that codes of professional conduct, responsibility and practice respect
human rights and dignity in the context of HIV/AIDS, including access to care
for people infected and affected by HIV/AIDS;
9. Also
requests States to develop and support appropriate mechanisms to monitor
and enforce HIV/AIDS-related human rights;
10. Invites
the human rights treaty bodies, when considering reports submitted by States
parties, to give particular attention to HIV/AIDS-related rights and invites
States to include appropriate HIV/AIDS-related information in the reports they
submit to the relevant treaty bodies;
11. Requests
all special representatives, special rapporteurs and working groups of the
Commission, inter alia the special rapporteurs on the right to
education, on the promotion and protection of freedom of opinion and
expression, on violence against women, its causes and consequences, and on the
sale of children, child prostitution and child pornography, to integrate the
protection of HIV-related human rights within their respective mandates;
12. Requests
the Secretary-General to invite the United Nations organs and programmes, as
well as the specialized agencies and Member States, to integrate HIV-related
human rights into their policies, programmes and activities, including those
involving regional intergovernmental human rights and other bodies, and to
involve non-governmental and community_based organizations in all phases of
development and implementation, to help ensure a system-wide approach,
stressing the coordinating and catalytic role of UNAIDS;
13. Also
requests the Secretary-General to solicit comments from Governments, United
Nations organs, programmes and specialized agencies and international and
non-governmental organizations on the steps they have taken to promote and
implement, where applicable, the Guidelines on HIV/AIDS and human rights and
the present resolution, and to submit, in consultation with interested
parties, a progress report for consideration at its fifty_seventh session.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XIV.]
1999/50. Working
Group of the Commission on Human Rights to
elaborate
a draft declaration in accordance with
paragraph 5
of General Assembly resolution 49/214
of
23 December 1994
The Commission on Human Rights,
Bearing in mind General
Assembly resolution 47/75 of 14 December 1992 and Part II, paragraph 28, of the
Vienna Declaration and Programme of
Action (A/CONF.157/23),
Reaffirming its
resolution 1995/32 of 3 March 1995, in which it established an open_ended
inter_sessional Working Group with the sole purpose of elaborating a draft
declaration, considering the draft contained in the annex to resolution 1994/45
of 26 August 1994 of the Sub_Commission on Prevention of Discrimination and
Protection of Minorities, entitled “Draft United Nations declaration on the
rights of indigenous peoples”, for consideration and adoption by the General
Assembly within the International Decade of the World's Indigenous People,
Reaffirming in particular that
the invitation contained in that resolution was addressed to organizations of
indigenous people seeking authorization to participate in the Working Group,
Recognizing that
organizations of indigenous people have special knowledge and understanding of
the current situation of the world's indigenous people and their human rights
needs,
Recalling General
Assembly resolution 49/214 of 23 December 1994, in which the Assembly
encouraged the Commission to consider the draft declaration with the
participation of representatives of indigenous people, on the basis of and in
accordance with appropriate procedures to be determined
by the Commission,
Welcoming the progress
made in the process of drafting a declaration on the rights of indigenous
people, and emphasizing the importance and special nature of such a draft
declaration as an instrument specifically for promoting the rights of
indigenous people,
Recalling the need for
the Working Group to consider all aspects of the draft declaration, including
its scope of application,
1. Takes
note of the report of the Working Group (E/CN.4/1999/82) and welcomes the
continuation and positive nature of the deliberations of the Working Group,
particularly the measures taken to ensure effective input by organizations of
indigenous people;
2. Expresses
its appreciation for the work of the Economic and Social Council in
considering applications from organizations of indigenous people to participate
in the Working Group under the procedures set out in the annex to Commission
resolution 1995/32;
3. Welcomes
the decisions of the Council approving the participation of organizations of
indigenous people in the work of the Working Group, and urges the Council to
process all pending applications as soon as possible, taking strictly into
account the procedures set out in the annex to Commission
resolution 1995/32;
4. Recommends
that the Working Group meet for 10 working days prior to the fifty_sixth
session of the Commission, the cost of the meeting to be met from within
existing resources;
5. Encourages
organizations of indigenous people which are not already registered to
participate in the Working Group and which wish to do so to apply for
authorization in accordance with the procedures set out in the annex to
Commission resolution 1995/32;
6. Requests
the Working Group to submit a progress report for consideration by the
Commission at its fifty_sixth session under the agenda item entitled
“Indigenous issues”;
7. Recommends
the following draft decision to the Economic and Social Council for adoption:
[For
the text, see chap. I, sect. B, draft decision 15.]
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XV.]
1999/51. Working Group on Indigenous Populations of
the
Sub_Commission
on Prevention of Discrimination
and
Protection of Minorities and the
International
Decade of the World's Indigenous
People
The Commission on Human Rights,
Recalling its previous
resolutions on the Working Group on Indigenous Populations of the
Sub_Commission on Prevention of Discrimination and Protection of Minorities and
the International Decade of the World's Indigenous People, in particular
resolution 1997/32 of 11 April 1997,
Recalling also Economic and
Social Council resolution 1982/34 of 7 May 1982, in which the Council
authorized the Sub_Commission to establish annually a working group on
indigenous populations with the mandate to review developments pertaining to
the promotion and protection of the human rights and fundamental freedoms of
indigenous people, giving special attention to the evolution of standards
concerning the rights of indigenous people,
Affirming its
recognition of the value and diversity of the cultures and forms of
social organization of indigenous people, and that the development of
indigenous people within their countries will contribute to the socio_economic,
cultural and environmental advancement of all the countries of the world,
Recalling that the
goal of the International Decade of the World's Indigenous People is to
strengthen international cooperation for the solution of problems faced by
indigenous people in such areas as human rights, the environment, development,
education and health, and that the theme of the Decade is “Indigenous
people: partnership in action”,
Recognizing the
importance of consultation and cooperation with indigenous people in planning
and implementing the programme of activities for the Decade, the need for
adequate financial support from the international community, including support
from within the United Nations and the specialized agencies, and the need for
adequate coordination and communication channels,
Mindful of the decision by the
General Assembly in its resolution 49/214 of 23 December 1994 to observe the
International Day of the World's Indigenous People on 9 August every year,
I.
Report of the Working Group on Indigenous
Populations of
the
Sub-Commission on Prevention of Discrimination and
Protection
of Minorities
1. Takes
note of the report of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities on its fiftieth session
(E/CN.4/1999/4-E/CN.4/Sub.2/1998/45) and of the report of the Working Group on
its sixteenth session (E/CN.4/Sub.2/1998/16);
2. Urges
the Working Group to continue its comprehensive review of developments and of
the diverse situations and aspirations of the world's indigenous people, and
welcomes its proposal to highlight specific themes of the International Decade
of the World's Indigenous People at its future sessions, noting that at its
seventeenth session the Working Group will focus on the theme of “Indigenous
peoples and their relationship to land”;
3. Invites
the Working Group to take into account in its deliberations on developments
pertaining to the promotion and protection of the human rights of indigenous
people the work, within the framework of their respective mandates, of all
thematic special rapporteurs, special representatives, independent experts,
working groups and expert seminars as it pertains to the situation of
indigenous people;
4. Recommends
that the Economic and Social Council authorize the Working Group to meet for
five working days prior to the fifty_first session of the Sub-Commission;
5. Invites
the Working Group to continue its consideration of ways in which the expertise
of indigenous people can contribute to the work of the Working Group, and
encourages initiatives by Governments, organizations of indigenous people and
non-governmental organizations to ensure the full participation of indigenous
people in the activities related to the tasks of the Working Group;
6. Requests
the Secretary-General:
(a) To provide
adequate resources and assistance to the Working Group in the discharge of its
tasks, including adequate dissemination of information about the activities of
the Working Group to Governments, specialized agencies, non-governmental
organizations and organizations of indigenous people, in order to encourage the
widest possible participation in its work;
(b) To
transmit the reports of the Working Group to Governments, organizations of
indigenous people and intergovernmental and non-governmental organizations, as
soon as possible, for specific comments and suggestions;
7. Appeals
to all Governments, organizations and individuals in a position to do so to
consider contributing to the United Nations Voluntary Fund for Indigenous
Populations;
II.
International
Decade of the World's Indigenous People
8. Takes
note of the report of the United Nations High Commissioner for Human Rights
on the implementation of the programme of activities for the International
Decade of the World's Indigenous People (E/CN.4/1999/81);
9. Invites
the Working Group on Indigenous Populations to continue its review of
activities undertaken during the Decade, and encourages Governments and
intergovernmental and non-governmental organizations to provide information on
the implementation of the goals of the Decade, in accordance with paragraph 16
of the annex to General Assembly resolution 50/157 of 21 December 1995;
10. Welcomes
the affirmation by the General Assembly that a major objective of the Decade is
the adoption of a declaration on the rights of indigenous people and its
recognition that among the important objectives of the Decade is the
consideration of the establishment of a permanent forum for indigenous people
in the United Nations system;
11. Welcomes
the invitation from the Government of Costa Rica to host a workshop for
research and higher education institutions focusing on indigenous issues in
education, taking into account the United Nations Decade for Human Rights
Education and the priority given to education and language at the sixteenth
session of the Working Group on Indigenous Populations, and recognizing the importance
of strengthening the capacity of indigenous people to develop their own
solutions to their problems, as recommended by the Commission in its resolution
1998/13 of 9 April 1998;
12. Requests
the United Nations High Commissioner for Human Rights, in her capacity as
coordinator of the Decade, to submit an updated annual report reviewing
activities within the United Nations system under the programme of activities
for the Decade to the Commission on Human Rights at its
fifty_sixth session under the agenda item entitled “Indigenous issues”, in
accordance with the request by the General Assembly to the Secretary-General;
13. Also
requests the High Commissioner, in her capacity as coordinator of the
Decade:
(a) To
submit to the General Assembly at its fifty_fourth session, in accordance with
General Assembly resolution 50/157, a mid-term report reviewing the
implementation of the programme of activities for the Decade, including
identification of obstacles to the achievement of the goals of the Decade and
recommendations for solutions to overcome those obstacles, and to submit a
preliminary report on this matter to the Economic and Social Council at its
1999 substantive session;
(b) To
take into account the views of Member States, specialized agencies,
organizations of indigenous people and other interested bodies in the
preparation of such a report;
14. Invites
the Working Group to submit its views on the activities of the Decade to the
High Commissioner;
15. Emphasizes
the important role of international cooperation in promoting the goals and
activities of the Decade and the rights, well-being and sustainable development
of indigenous people;
16. Encourages
Governments to support the Decade by contributing to the Voluntary Fund for the
International Decade of the World's Indigenous People;
17. Also
encourages Governments, as appropriate, recognizing the importance of
action at the national level for the implementation of the goals and activities
of the Decade, to support the Decade, in consultation with indigenous people,
by:
(a) Preparing
relevant programmes, plans and reports in relation to the Decade and
establishing national committees or other mechanisms involving indigenous
people to ensure that the objectives and activities of the Decade are planned
and implemented on the basis of full partnership with indigenous people;
(b) Seeking
means of giving indigenous people greater responsibility for their own affairs
and an effective voice in decisions on matters which affect them;
(c) Identifying
resources for activities designed to implement the goals of the Decade;
18. Appeals
to intergovernmental and non-governmental organizations to support the Decade
by identifying resources for activities designed to implement the goals of the
Decade, in cooperation with indigenous people;
19. Encourages
Governments to consider contributing, as appropriate, in support of the
achievement of the goals of the Decade, to the Fund for the Development of
Indigenous Peoples of Latin America and the Caribbean;
20. Requests
the High Commissioner to ensure that the indigenous people’s unit in the Office
of the High Commissioner is adequately staffed and resourced to enable the
effective implementation of the activities of the Decade;
21. Recommends
that the High Commissioner, when developing programmes within the framework of
the International Decade of the World's Indigenous People and the United
Nations Decade for Human Rights Education, give due regard to the development
of human rights training for indigenous people;
22. Encourages
the High Commissioner for Human Rights to cooperate with the Department of
Public Information in preparing and disseminating information on the
International Decade of the World's Indigenous People, taking due care to
portray accurately the information regarding indigenous people;
23. Invites
the United Nations financial and development institutions, operational
programmes and specialized agencies, in accordance with the existing procedure
of their governing bodies:
(a) To
give increased priority and resources to improving the conditions of indigenous
people, with particular emphasis on the needs of these people in developing
countries, including through the preparation of specific programmes of action
for the implementation of the goals of the Decade, within their areas of
competence;
(b) To
launch special projects, through appropriate channels and in collaboration with
indigenous people, for strengthening their community-level initiatives, and to
facilitate the exchange of information and expertise among indigenous people
and other relevant experts;
(c) To
designate focal points or other mechanisms for coordination with the High
Commissioner for Human Rights of activities relating to the Decade;
24. Decides
to consider the International Decade of the World's Indigenous People at its
fifty-sixth session under the agenda item entitled “Indigenous issues”.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XV.]
1999/52. A permanent forum for indigenous people
in
the United Nations system
The Commission on Human Rights,
Recalling the
recommendations pertaining to indigenous people included in the Vienna
Declaration and Programme of Action adopted by the World Conference on Human
Rights (A/CONF.157/23), in particular the recommendation
that the establishment of a permanent forum for
indigenous people in the United Nations system should be considered in the
framework of the International Decade of the World’s Indigenous People,
Noting the holding of two United
Nations workshops on the subject matter, in Copenhagen from 26 to 28 June 1995
and in Santiago from 30 June to 2 July 1997, as well as a series of indigenous
peoples’ conferences on a permanent forum in 1997, 1998 and 1999,
Recognizing the growing
interest and concern for indigenous issues in organizations and departments of
the United Nations system, as documented in the report of the Secretary‑General
on the review of the existing mechanisms, procedures and programmes within the
United Nations concerning indigenous people (A/51/493), and noting the need to
ensure coordination and regular exchange of information among the concerned and
interested parties – Governments, the United Nations and indigenous people – on
an ongoing basis,
Bearing in mind its
resolutions 1994/28 of 4 March 1994, 1995/30 of 3 March 1995, 1996/41 of
19 April 1996, 1997/30 of 11 April 1997 and 1998/20 of 9 April 1998, as well as
General Assembly resolutions 49/214 of 23 December 1994, 50/157 of 21
December 1995, 51/78 of 12 December 1996, 52/108 of 12 December 1997, and
53/129 and 53/130 of 9 December 1998,
1. Notes
that the General Assembly, in its resolution 53/129, reaffirmed among the
objectives of the International Decade of the World's Indigenous People the
consideration of the establishment of a permanent forum for indigenous people
in the United Nations system, and urged Governments to participate actively in
the open‑ended inter‑sessional ad hoc working group on a permanent
forum for indigenous people established by the Commission in resolution
1998/20;
2. Welcomes
the report of the Ad Hoc Working Group on a permanent forum for indigenous
people (E/CN.4/1999/83) which met for five working days in Geneva from 15 to 19
February 1999 to elaborate and consider further proposals for the possible
establishment of a permanent forum for indigenous people within the United
Nations system;
3. Takes
note of the constructive debate and dialogue which took place during the
session of the Working Group, indicating a trend towards possible consensus
with regard to the various aspects of the subject matter;
4. Decides
to re‑establish the open‑ended inter‑sessional ad hoc working
group established in accordance with resolution 1998/20 to meet for eight
working days prior to the fifty‑sixth session of the Commission, and
requests the Working Group to submit, with a view to completing its task, one
or more concrete proposals on the establishment of a permanent forum for
consideration by the Commission at that session;
5. Invites
the Chairman‑Rapporteur of the Working Group to submit a working paper to
Member States and other participants in the ad hoc Working Group containing
suggestions and possible alternatives on all aspects of this matter, based on
the result of the debate of the previous session and further informal
consultations, in preparation for the next session of the ad hoc Working Group;
6. Urges
Governments, United Nations organizations and bodies, specialized agencies,
organizations representing indigenous people and the Working Group on
Indigenous Populations of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities to consider this issue further and to express
their views in preparation for the next meeting, and requests the Secretary_General
to transmit the report of the Ad Hoc Working Group on a permanent forum for
indigenous people to Governments, United Nations organizations and bodies,
specialized agencies, organizations representing indigenous people and the
Working Group on Indigenous Populations and to invite their comments in time
for circulation prior to the next session of the Ad Hoc Working Group on a
permanent forum for indigenous people;
7. Requests
the Ad Hoc Working Group on a permanent forum for indigenous people to take
into account in its work any comments received from Governments, United Nations
organizations and bodies, specialized agencies, organizations representing
indigenous people and the Working Group on Indigenous Populations, as well as
such ideas as the United Nations High Commissioner for Human Rights, in
her role as Coordinator for the Decade, may wish to present to the Ad Hoc
Working Group on a permanent forum for indigenous people;
8. Decides
to continue its consideration of this matter at its fifty_sixth session under
the same agenda item.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XV.]
1999/53. Forum on economic, social and cultural
rights:
the Social
Forum
The Commission on Human Rights,
Taking note of
Sub_Commission on Prevention of Discrimination and Protection of Minorities
resolution 1998/14 of 20 August 1998,
Bearing in mind the
fundamental role of the Sub-Commission in the defence of human rights and its
specific mandate in the prevention of situations relating to the full enjoyment
of those rights,
Decides that the Sub_Commission
should further review, in the light of the ongoing discussions by the
Commission on its working methods, the establishment of a forum on economic,
social and cultural rights, to be called the Social Forum, to meet during its
annual sessions with the following objectives:
(a) To
exchange information on the enjoyment of economic, social and cultural rights
and its relationship to the process of globalization;
(b) To follow
up on the relationship between income distribution, the feminization of poverty
and human rights at both the international and national levels;
(c) To
follow up on situations of poverty and destitution in the world;
(d) To analyse
and discuss possible guidelines on violations of economic, social and cultural
rights;
(e) To
propose legal standards and initiatives, guidelines and other recommendations
to be considered by the Commission, the open_ended Working Group on the right
to development established by the Commission at its fifty_fourth session, the
Committee on Economic, Social and Cultural Rights, the specialized
agencies and other entities of the United Nations system.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. XVI.]
1999/54. Strengthening of the Office of the United
Nations
High
Commissioner for Human Rights
The Commission on Human Rights,
Recalling all relevant
resolutions of the General Assembly and the Centre for Human Rights, in
particular Assembly resolution 48/141 of 20 December 1993 and Commission
resolutions 1997/76 of 18 April 1997 and 1998/83 of 24 April 1998,
Underscoring the
importance of the Office of the United Nations High Commissioner for
Human Rights for all States,
Reaffirming the
universal support for the creation of the post of High Commissioner for
Human Rights and affirming, in order to promote and protect human rights, the
need for continuing support by all States for the Office of the
United Nations High Commissioner for Human Rights,
Reaffirming also that all
human rights are universal, indivisible, interdependent and interrelated and
that the international community must treat human rights globally in a fair and
equal manner, on the same footing and with the same emphasis,
Recalling that the
mandate of the United Nations High Commissioner for Human Rights includes
promotion and protection of the effective enjoyment by all of all civil,
cultural, economic, political and social rights,
Recalling also that the
mandate of the High Commissioner for Human Rights confers on her a central role
in the realization of the right to development,
Recalling further that the
Vienna Declaration and Programme of Action adopted at the World Conference on
Human Rights (A/CONF.157/23) recognized the necessity for an adaptation and
strengthening of United Nations human rights machinery in accordance with
current and future needs in the promotion and protection of human rights,
Recognizing the need for
further and continued support and consideration of the programmes and
activities of the Office of the High Commissioner,
1. Welcomes
the report of the High Commissioner for Human Rights (E/CN.4/1999/9);
2. Supports
fully the Secretary_General and the High Commissioner in their efforts to
strengthen the human rights activities of the United Nations;
3. Reaffirms
the importance of ensuring universality, objectivity and non_selectivity in the
consideration of human rights issues, and requests the High Commissioner to
continue to ensure that the fulfilment of her mandate and the activities of her
Office are guided by these principles;
4. Encourages
the High Commissioner, within her mandate as set out in General Assembly
resolution 48/141, to continue to play an active role in promoting and
protecting all human rights, including in the prevention of human rights violations
throughout the world;
5. Reiterates
the need to ensure that all necessary financial, material and personnel
resources are provided from the regular budget of the United Nations
without delay to the United Nations human rights programme to enable the
Office of the High Commissioner to carry out its mandates efficiently,
effectively and expeditiously;
6. Welcomes
the increased voluntary contributions to the Office of the High Commissioner,
in particular those from developing countries;
7. Reaffirms
that the tasks of the High Commissioner include the promotion and protection of
the realization of the right to development and that the Office of the High
Commissioner should provide adequate resources and staff for its follow_up;
8. Calls
upon the High Commissioner to continue to emphasize the promotion and
protection of economic, social and cultural rights in the activities of her
Office and in that regard encourages the High Commissioner to continue to
strengthen her relationship with the appropriate bodies, funds and specialized
organizations of the United Nations;
9. Recommends
that the Economic and Social Council and the General Assembly provide the
Office of the High Commissioner with ways and means commensurate to its
increasing tasks, as well as more resources for special rapporteurs;
10. Invites
all Governments considering voluntary contributions to the Office of the High
Commissioner to consider providing unearmarked contributions to the extent
possible with a view to treating all human rights in a fair and equal manner;
11. Calls
upon the High Commissioner to continue to provide to States, through
informal briefings as well as in her report to the Commission, information on
voluntary contributions, including their share in the overall budget of the
human rights programme and their allocation;
12. Declares
that advisory services and technical cooperation provided at the request of
Governments with a view to developing national capacities in the field of human
rights constitute one of the most efficient and effective means of promoting
and protecting all human rights and democracy;
13. Emphasizes
the need for an increase in the allocation of resources from within the United
Nations regular budget for advisory services and technical cooperation in the
field of human rights;
14. Notes
with interest the increase in the number of human rights field presences
throughout the world and encourages the High Commissioner to consider their
further improvement in cooperation with other relevant components of the
United Nations system;
15. Welcomes
the open_ended informal briefings provided by the Office of the United Nations
High Commissioner for Human Rights and takes note with appreciation of these
opportunities to discuss openly all aspects of the work of the Office while
reiterating the need to analyse the effectiveness of field presences, and
requests the High Commissioner to submit a separate report containing a
comprehensive assessment of field presences to the Commission at its
fifty_sixth session;
16. Invites
the High Commissioner to continue to provide information on cooperation with
other United Nations bodies and with Governments and invites her to make
available information concerning agreements with States and other
United Nations bodies and their implementation, in an open and transparent
manner, as appropriate;
17. Calls
upon the Office of the United Nations High Commissioner for Human Rights to
seek ways and means by which voluntary funds can be used to provide support to
all mechanisms of the Commission;
18. Invites
the High Commissioner to submit information pursuant to the present resolution
in her annual report to the Commission;
19. Decides
to consider the implementation of the present resolution at its fifty_sixth
session under the relevant agenda item.
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. IV.]
1999/55. Situation in occupied Palestine
The Commission on Human Rights,
Guided by the purposes and
principles of the Charter of the United Nations, in particular the
provisions of Articles 1 and 55 thereof, which affirm the right of peoples to
self_determination, and scrupulous respect of the principle of refraining in
international relations from the threat or use of force, as specified in the
Declaration on Principles of International Law concerning Friendly Relations
and Cooperation among States
in Accordance with the Charter of the United Nations,
adopted by the General Assembly in its resolution 2625 (XXV) of 24 October
1970,
Guided also by the
provisions of article 1 of the International Covenant on Economic, Social and
Cultural Rights and article 1 of the International Covenant on Civil and
Political Rights, which affirm that all peoples have the right of self_determination,
Guided further by the
provisions of the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights in June 1993 (A/CONF.157/23), and in
particular Part I, paragraphs 2 and 3, relating to the right of self_determination
of all peoples and especially those subject to foreign occupation,
Recalling General
Assembly resolutions 181 A and B (II) of 29 November 1947 and 194
(III) of 11 December 1948, as well as all other resolutions which confirm and
define the inalienable rights of the Palestinian people, particularly their
right to self_determination,
Recalling also its previous
resolutions in this regard, the latest of which is its resolution 1998/4 of 27
March 1998,
Reaffirming the right of
the Palestinian people to self_determination in accordance with the provisions
of the Charter of the United Nations, the relevant United Nations resolutions
and declarations, and the provisions of international covenants and instruments
relating to the right to self_determination as an international principle and
as a right of all peoples in the world, as it is a jus cogens in
international law,
1. Reaffirms
the continuing and unqualified Palestinian right to self_determination,
including the option of a State, and looks forward to the early fulfilment of
this right;
2. Requests
the Secretary_General to transmit the present resolution to the Government of
Israel and all other Governments, to distribute it on the widest possible scale
and to make available to the Commission on Human Rights, prior to the convening
of its fifty_sixth session, all information pertaining to the implementation of
the present resolution by the Government of Israel;
3. Decides
to include in the provisional agenda of its fifty_sixth session the item
entitled “The right of peoples to self_determination and its application to
peoples under colonial or alien domination or foreign occupation” and to
consider the situation in occupied Palestine under that agenda item, as a
matter of high priority.
56th
meeting
27
April 1999
[Adopted
by a roll_call vote of 44 votes to 1,
with
8 abstentions. See chap. V.]
1999/56. Situation of human rights in the Democratic
Republic
of the Congo
The Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human
Rights and other applicable human rights instruments,
Mindful that the Democratic Republic
of the Congo is a party to the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights, the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on
the Rights of the Child, as well as to the African
Charter on Human and Peoples' Rights,
Noting General Assembly resolution
53/160 of 9 December 1998 and recalling resolution 1998/61 of 21 April 1998,
previous resolutions of the General Assembly and the Commission on the subject,
as well as Security Council resolution 1234 (1999) of 9 April 1999,
Concerned at all
violations of human rights and international humanitarian law in the territory
of the Democratic Republic of the Congo, including acts of and incitement to
ethnic hatred and violence by all parties to the conflict,
Taking into account the regional
dimension of the human rights issues and stressing the importance of technical
cooperation with a view to strengthening regional cooperation for the promotion
and protection of human rights,
1. Welcomes:
(a) The
report of the Special Rapporteur on the situation of human rights in the
Democratic Republic of the Congo (E/CN.4/1999/31) and of the update he provided
in his oral presentation to the Commission on Human Rights;
(b) The
recent visit of the Special Rapporteur to the Democratic Republic of the Congo
at the invitation of the Government and the cooperation of the Government of
the Democratic Republic of the Congo in this regard;
(c) The
activities of the Human Rights Field Office in the Democratic Republic of the
Congo;
(d) Commitments
of the Government of the Democratic Republic of the Congo to a process of
democratization, leading, through the creation of democratic institutions and
the holding of elections, to the creation of a State based on the rule of law
and respect for human rights;
(e) The
intention of the Government of the Democratic Republic of the Congo to hold an
all‑inclusive national debate as a precursor to elections, and encourages
further progress in this respect;
(f) The
recognition by the authorities that massacres were committed against refugees
and internally displaced persons in 1996 and 1997;
(g) The
appointment of the Minister for Human Rights within the Government of the
Democratic Republic of the Congo, and expresses the hope that this appointment will
contribute to an improvement of the human rights situation;
(h) The
release of a number of prisoners whose arrest was irregular or politically
motivated, and certain improvements in the penitentiary system;
(i) The
decision of the Government of the Democratic Republic of the Congo to establish
a national commission of inquiry to investigate alleged human rights violations
and breaches of international humanitarian law in the Democratic Republic of
the Congo (formerly Zaire) between 1996 and 1997 and the mandate of that
commission to cooperate with the United Nations in this regard;
(j) The
announcement by the Government of its intention to ratify Additional Protocol
II to the Geneva Conventions of 12 August 1949, and international human rights
treaties;
(k) The
setting up of human rights education programmes for members of the military and
the police, and the beginning of distribution of the Universal Declaration of
Human Rights in national languages;
2. Expresses
its concern:
(a) At the
adverse impact of the continuing conflict on the situation of human rights and
its severe consequences for the security and well‑being of the civilian
population throughout the territory of the Democratic Republic of the Congo;
(b) At the
preoccupying situation of human rights in the Democratic Republic of the Congo,
particularly in the eastern parts of the country, and the continuing violations
of human rights and international humanitarian law committed throughout the
territory of the Democratic Republic of the Congo, often with impunity, in
particular:
(i) The
perpetration of massacres in the course of the conflicts, including more
recently, in 1998, those in Kasika, Makobola, Kamituga, Kavumu, Kilungutwe,
Kasanga, Kazima, Mboko, Kabare, Mwenga and Libenge;
(ii) The
occurrence of cases of summary or arbitrary executions, disappearances,
torture, beatings, arbitrary arrest and detention without trial, including of
journalists, opposition politicians and human rights defenders;
(iii) Reports
of sexual violence against women and children and the forcible recruitment and use of children as soldiers and
combatants;
(iv) The
trial of civilians and the imposition of the death penalty by the Military
Court;
(v) The situation
of human rights defenders;
(c) At the
large numbers of refugees and displaced persons in the Democratic Republic of
the Congo who disappeared between 1994 and 1997, as well as in 1998, and at
serious allegations of killings and other human rights abuses in this
connection;
(d) At the
proliferation and the illicit distribution, circulation and trafficking of arms
in the region and their negative impact on human rights;
3. Affirms
that all persons who commit or authorize violations of human rights or
international humanitarian law are individually responsible and accountable for
those violations and that the international community will exert every effort
to bring those responsible to justice;
4. Recognizes
that promotion and protection of human rights for all are essential for
achieving stability and security in the region and will contribute to the
creation of the necessary environment for cooperation among States in the
region;
5. Takes
note with great concern of the report of the International Commission of
Inquiry (Rwanda) on the sale, supply and shipment of arms and related material
in the Great Lakes region of Central Africa (S/1998/1096, annex), and of the
report of the Investigative Team of the Secretary‑General charged with
investigating serious violations of human rights and international humanitarian
law in the Democratic Republic of the Congo (S/1998/581, annex);
6. Urges
all parties to the continuing conflict in the Democratic Republic of the
Congo:
(a) To
work towards a rapid and peaceful settlement of the conflict and, in
particular, to sign immediately a ceasefire agreement allowing the orderly
withdrawal of all foreign forces and the re_establishment of the authority of
the Government of the Democratic Republic of the Congo throughout its
territory, and stresses, in the context of a lasting peaceful settlement, the
need for the engagement of all Congolese in an all_inclusive process of
political dialogue with a view to achieving national reconciliation and the
holding, at an early date, of democratic, free and fair elections;
(b) To
protect human rights and to respect international humanitarian law, in
particular, as applicable to them, the Geneva Conventions of 12 August 1949
and the Additional Protocols thereto of 1977 and the Convention on the
Prevention and Punishment of the Crime of Genocide, in particular to respect
the rights of women and children and immediately stop the use of children as
soldiers, and to ensure the safety of all civilians;
7. Welcomes
the appointment by the Secretary_General of his Special Envoy for the
Democratic Republic of the Congo Peace Process;
8. Calls
upon the Government of the Democratic Republic of the Congo:
(a) To
comply with its obligations under international human rights instruments to
which the Democratic Republic of the Congo is a party and to promote and
protect human rights and fundamental freedoms;
(b) To fulfil its responsibility to protect the
human rights of the population on its territory, as well as to take a leading
part in efforts to prevent conditions that might lead to further flows of
internally displaced persons and refugees within the Democratic Republic of the
Congo and across the border;
(c) To
fulfil its commitment to reform and restore the judicial system, and
particularly to reform military justice in conformity with the provisions of
the International Covenant on Civil and Political Rights;
(d) To
implement fully its commitment to the democratization process and the rule of
law and to create, in this context, conditions that would allow for a
democratization process that is genuine and all_inclusive and that fully
reflects the aspirations of the people of the country;
(e) To
prepare for the holding of free and fair elections, drawing, where appropriate,
on assistance from the international community, and to allow without delay the
full restoration of political party activity to provide a meaningful choice for
the people of the Democratic Republic of the Congo;
(f) To
remove remaining administrative restrictions on the activities of political
parties, in furtherance of its recent move to lift the ban on the activities of
political parties;
(g) To
remove the restrictions that still affect the work of non_governmental
organizations;
(h) To
ensure further full respect for freedom of opinion and expression, including
freedom of the press in relation to all types of mass media, as well as freedom
of association and assembly, throughout the territory of the Democratic
Republic of the Congo;
(i) To
work closely and strengthen further its cooperation with the Human Rights Field
Office in the Democratic Republic of the Congo;
(j) To
cooperate fully with the International Tribunal for Rwanda in ensuring that all
those responsible for the crime of genocide, crimes against humanity and other
grave violations of human rights are brought to justice in accordance with
international principles of due process;
(k) To
promote human rights awareness, including by strengthening cooperation with
civil society including human rights non_governmental organizations;
(l) To
follow up on the interim report on the alleged massacres of a large number of
refugees and displaced persons in the Democratic Republic of the Congo
(formerly Zaire) between 1994 and 1997 submitted to the Secretary_General on 15
October 1998, to submit a further report as soon as possible to the
Secretary_General on the progress of its investigations and to cooperate fully
with the Secretary_General and the United Nations High Commissioner for
Human Rights in addressing the allegations in question;
9. Decides:
(a) To
extend the mandate of the Special Rapporteur on the situation of human rights
in the Democratic Republic of the Congo for a further year, to request the
Special Rapporteur to submit an interim report to the General Assembly at
its fifty_fourth session and to report to the Commission at its fifty_sixth session
on the situation of human rights in the Democratic Republic of the Congo
and on the possibilities for the international community to assist with local
capacity_building, and also to request the Special Rapporteur to continue to
keep a gender perspective in mind when seeking and analysing information;
(b) To
request the Special Rapporteurs on the situation of human rights in the
Democratic Republic of the Congo and on extrajudicial, summary or arbitrary
executions and a member of the Working Group on Enforced or Involuntary
Disappearances to carry out, immediately after the signing of a ceasefire
agreement or as soon as security considerations permit and, where appropriate,
in cooperation with the National Commission of Inquiry to investigate alleged
human rights violations and breaches of international humanitarian law in the
Democratic Republic of the Congo (formerly Zaire) between 1996 and 1997, a
joint mission to investigate all massacres carried out on the territory of the
Democratic Republic of the Congo, including those in the province of South Kivu
and other atrocities as referred to in the report of the Special Rapporteur on
the situation of human rights in the Democratic Republic of the Congo, with a
view to bringing to justice those responsible, and to report to the General
Assembly at its fifty_fourth session and to the Commission at its fifty_sixth
session;
(c) To
request the Secretary_General to give all necessary assistance to the Special
Rapporteur and to the joint mission, to enable them to discharge their mandates
fully;
(d) To
request the High Commissioner for Human Rights to provide appropriate technical
expertise to enable the joint mission to fulfil its mandate;
(e) To
request the international community to support the Human Rights Field Office in
the Democratic Republic of the Congo in order, in particular:
(i) To
strengthen its involvement in programmes of technical cooperation, advisory
services and human rights advocacy programmes, including supporting efforts by
the Government of the Democratic Republic of the Congo towards strengthening
the judicial system;
(ii) To
strengthen its support for, and to continue and expand cooperation with, human
rights non_governmental organizations in the Democratic Republic of the Congo;
and to facilitate the activities of the joint mission,
including through funding;
10. Recommends
the following draft decision to the Economic and Social Council for adoption:
[For
the text, see chap. I, sect. B, draft decision 19.]
56th
meeting
27
April 1999
[Adopted
without a vote. See chap. IX.]
1999/57. Promotion of the right to democracy
The Commission on Human Rights,
Bearing in mind the
indissoluble links between the principles enshrined in the Universal
Declaration of Human Rights and the foundation of any democratic society,
Recalling that all
peoples have the right of self_determination, by virtue of which they freely
determine their political status and freely pursue their economic, social and
cultural development,
Recognizing that
democracy, development and respect for all human rights and fundamental
freedoms are interdependent and mutually reinforcing, and that democracy is based
on the freely expressed will of the people to determine their own political,
economic, social and cultural systems and their full participation in all
aspects of their lives,
Recognizing also the rich and
diverse nature of the community of the world's democracies,
Recalling the large
body of international law and instruments, including its resolutions and those
of the General Assembly, which confirm the right to full participation and the
other fundamental democratic rights and freedoms inherent in any democratic
society,
Resolved, on the eve
of a new century and millennium, to take all measures within its power to
secure for all people the fundamental democratic rights and freedoms to which
they are entitled,
1. Affirms
that democracy fosters the full realization of all human rights, and vice
versa;
2. Also
affirms that the rights of democratic governance include, inter alia,
the following:
(a) The
rights to freedom of opinion and expression, of thought, conscience and religion,
and of peaceful association and assembly;
(b) The
right to freedom to seek, receive and impart information and ideas through any
media;
(c) The
rule of law, including legal protection of citizens' rights, interests and
personal security, and fairness in the administration of justice and
independence of the judiciary;
(d) The
right of universal and equal suffrage, as well as free voting procedures and
periodic and free elections;
(e) The
right of political participation, including equal opportunity for all citizens
to become candidates;
(f) Transparent
and accountable government institutions;
(g) The
right of citizens to choose their governmental system through constitutional or
other democratic means;
(h) The
right to equal access to public service in one's own country;
3. Notes
that the realization of all human rights _ civil, cultural, economic, political
and social, including the right to development _ are indispensable to human
dignity and the full development of human potential and are also integral to
democratic society;
4. Urges
the continuation and expansion of activities carried out by the United Nations
system, other intergovernmental and non-governmental organizations and Member
States to promote and consolidate democracy within the framework of
international cooperation and to build a democratic political culture through
the observance of human rights, mobilization of civil society and other
appropriate measures in support of democratic governance;
5. Requests
the Office of the United Nations High Commissioner for Human Rights, in
continuing and expanding its programmes and projects of technical cooperation
to promote democracy and the rule of law, and in the context of the High
Commissioner’s activities in the promotion of human rights, to give priority
assistance to such programmes and to promote democracy-related activities
throughout the United Nations system;
6. Requests
human rights treaty bodies, the Office of the United Nations High
Commissioner for Human Rights and human rights mechanisms of the Commission on
Human Rights and the Sub-Commission on Prevention of Discrimination and
Protection of Minorities to pay due attention, within their mandates, to those
elements of democratic governance outlined in paragraph 2 of the present
resolution;
7. Requests
the High Commissioner, in her report to the Commission at its fifty-sixth
session, to reflect progress on the implementation of the present resolution;
8. Requests
the Secretary-General to bring the present resolution to the attention of
Member States, the competent United Nations organs and intergovernmental and
non-governmental organizations and to disseminate it on the widest possible
basis;
9. Decides
to continue consideration of the matter at its fifty_sixth session under
the same agenda item.
57th
meeting
27
April 1999
[Adopted
by a roll_call vote of 51 votes to none,
with
2 abstentions. See. chap. XI.]
1999/58. Impunity of
perpetrators of violations of economic, social and cultural rights
The Commission on Human Rights,
Recalling that, under
the Charter of the United Nations, one of the purposes of the United Nations is
to achieve international cooperation in solving international problems of an
economic, social, cultural or humanitarian character, and in promoting and
encouraging respect for human rights for all,
Recalling also the
Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights, as well as the other relevant human rights instruments, in
particular the Vienna Declaration and Programme of Action adopted by the World
Conference on Human Rights in June 1993 (A/CONF.157/23),
Recalling further the
universality, interdependence and indivisibility of civil, political, economic,
social and cultural rights,
Mindful that in paragraph 91 of
section II.E of the Vienna Declaration and Programme of Action, the World
Conference on Human Rights supported the efforts of the Commission and the
Sub-Commission on Prevention of Discrimination and Protection of Minorities to
strengthen measures to prevent impunity of perpetrators of violations of human
rights,
Mindful also that, in
paragraph 10 of section I of the Vienna Declaration and Programme of Action,
the World Conference on Human Rights reaffirmed the right to development as a
universal and inalienable right and an integral part of all fundamental human
rights,
1. Notes
resolutions 1997/20 of 27 August 1997 and 1998/13 of 20 August 1998 of the
Sub-Commission;
2. Takes
note of the final report submitted by Mr. El Hadji Guissé pursuant to
Sub-Commission resolution 1996/24 of 29 August 1996 on the question of impunity
of perpetrators of violations of economic, social and cultural rights
(E/CN.4/Sub.2/1997/8) and requests the Secretary-General to
disseminate it widely and to invite States,
intergovernmental organizations and non_governmental organizations to provide
him with their views and comments thereon;
3. Emphasizes
the importance of combating impunity for the prevention of violations of
international human rights law;
4. Invites
States to pay attention as appropriate to the question of impunity of
violations of human rights and to take suitable measures to address this
important issue;
5. Requests
the Secretary-General to collect the information and comments received pursuant
to the present resolution and to submit a report thereon to the Commission at
its fifty_sixth session;
6. Invites
the special rapporteurs and other mechanisms of the Commission to give due
consideration to the implementation of the present resolution;
7. Decides
to continue its consideration of this matter at its fifty_sixth session under
the same agenda item.
58th
meeting
28
April 1999
[Adopted
by a roll-call vote of 21 votes to 9,
with
22 abstentions. See chap. XVII.]
1999/59. Globalization and its impact on the full
enjoyment
of all human rights
The Commission on Human Rights,
Guided by the purposes and
principles of the Charter of the United Nations and expressing in
particular the need to achieve international cooperation in promoting and
encouraging respect for human rights and fundamental freedoms for all without
distinction,
Recalling the
Universal Declaration of Human Rights, as well as the Vienna Declaration and
Programme of Action adopted by the World Conference on Human Rights in June
1993 (A/CONF.157/23),
Recalling also the
International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights,
Recognizing that all
human rights are universal, indivisible, interdependent and interrelated and
that the international community must treat human rights globally in a fair and
equal manner, on the same footing, and with the same emphasis,
Realizing that
globalization affects all countries differently and makes them more
susceptible to external developments, positive and negative, including in the
field of human rights,
Realizing also that
globalization is not merely an economic process but also has social, political,
environmental, cultural and legal dimensions which have an impact on the full
enjoyment of all human rights,
Recognizing that
multilateral mechanisms have a unique role to play in meeting the challenges
and opportunities presented by globalization,
Noting that human beings strive for
a world respectful of cultures, identities and human rights and in that regard
work to ensure that all activities, including those affected by globalization,
are consistent with these aims,
1. Recognizes
that, while globalization, by its impact on, inter alia, the role
of the State, may affect human rights, the promotion and protection of all
human rights is first and foremost the responsibility of the State;
2. Underlines,
therefore, the need to analyse the consequences of globalization on the full
enjoyment of all human rights;
3. Requests
all the treaty bodies, special rapporteurs/ representatives, independent
experts and working groups of the Commission, within their mandates and where
appropriate, to take into consideration the issue of the impact of
globalization on the full enjoyment of all human rights in their reports;
4. Requests
the Sub_Commission on Prevention of Discrimination and Protection of Minorities
to undertake a study, based on the reports of the treaty bodies, special
rapporteurs, independent experts and working groups of the Commission on the
issue of globalization and its impact on the full enjoyment of all human
rights, for the consideration of the Commission at its fifty_seventh session;
5. Decides
to consider this issue again in the future when appropriate.
58th
meeting
28
April 1999
[Adopted
by a roll_call vote of 30 votes to 2,
with
20 abstentions. See chap. XVII.]
1999/60. Development of
public information activities in the field of human rights, including the World
Public Information Campaign on Human Rights
The Commission on Human Rights,
Reaffirming that
activities to improve public knowledge in the field of human rights are
essential to the fulfilment of the purposes and principles of the United
Nations set out in Article 1, paragraph 3, of the Charter of the United
Nations, and that carefully designed programmes of teaching, education and
information are essential to the achievement of lasting respect for human
rights and fundamental freedoms,
Recalling General
Assembly resolution 43/128 of 8 December 1988, by which the Assembly launched
the World Public Information Campaign on Human Rights, and other Assembly
resolutions and its own resolutions on this subject,
Recalling also General
Assembly resolution 49/184 of 23 December 1994, by which the Assembly
proclaimed the 10_year period beginning on 1 January 1995 the United
Nations Decade for Human Rights Education, and its own resolutions on this
subject,
Bearing in mind General
Assembly resolution 926 (X) of 14 December 1955, in which the Assembly
established the United Nations programme of advisory services in the field of
human rights with a view to supporting, inter alia, national capacities
for human rights education and public information,
Mindful that the United Nations High
Commissioner for Human Rights, according to her mandate as established by
General Assembly resolution 48/141 of 20 December 1993, is responsible, inter
alia, for the provision of advisory services and technical cooperation at the
request of States, as well as for the coordination of United Nations education
and public information programmes in the field of human rights,
Recognizing the
significant effect of United Nations initiatives on public information
activities in the field of human rights, in particular those undertaken by the
High Commissioner,
Recognizing also the role of
the Department of Public Information of the Secretariat, in the context of the
Joint United Nations Information Committee, in developing system-wide public
information strategies on human rights,
Taking note of the
valuable role that non‑governmental organizations can play in this
endeavour,
Believing that the
World Campaign is a valuable complement to the activities of the United Nations
aimed at the further promotion and protection of human rights and fundamental
freedoms, and recalling the importance attached by the World Conference on
Human Rights to strengthening the World Campaign,
Taking note with appreciation of
the increased efforts undertaken by the Office of the United Nations High
Commissioner for Human Rights to disseminate human rights information through
its Website (http://www.unhchr.ch) and its publications and external relations
programmes,
Welcoming the
initiative of the Department of Public Information to disseminate human rights
information through the United Nations project “CyberSchoolBus”, an Internet‑based
educational service that provides an interactive Website for secondary schools,
Considering that the
commemoration of the fiftieth anniversary of the Universal Declaration of Human
Rights in 1998 constituted an invaluable opportunity for all members of the
international community to enhance human rights education and information
activities throughout the world,
1. Takes
note with appreciation of the report of the Secretary‑General on the
development of public information activities in the field of human rights,
including the World Public Information Campaign on Human Rights
(E/CN.4/1999/86);
2. Appreciates
the measures taken by the Department of Public Information, in particular the
United Nations Information Centres, and the Office of the United Nations High
Commissioner for Human Rights to ensure the further production and effective
dissemination of human rights information materials in regional and local
languages, in close cooperation with regional, national and local
organizations, as well as with Governments, in particular as a component of the
technical assistance projects in the field of human rights;
3. Urges
the Office of the High Commissioner and the Department of Public Information to
cooperate closely in the realization of the multimedia information programmes
in the field of human rights and to develop strategies to strengthen the role
of the mass media in the furtherance of human rights education and public
information;
4. Encourages
the Office of the High Commissioner to continue the development, in the
framework of its programme of advisory services and technical cooperation in the
field of human rights, of human rights education and training materials, such
as targeted training manuals for professional audiences, given the close link
and complementarity between human rights education and public information;
5. Also
encourages the Office of the High Commissioner to establish a guideline on
gender inclusivity in all the official languages of the United Nations,
for use in the preparation of all its communications, reports and publications;
6. Further
encourages the Office of the High Commissioner to make available in a
timely fashion on its Website United Nations documents and publications, as
well as databases for the promotion of human rights, in the official languages
of the United Nations, and encourages the efforts of the Department of Public
Information with respect to computer‑accessible information on human
rights;
7. Urges
the Department of Public Information, in cooperation with the Office of the
High Commissioner, to continue to utilize fully and effectively United Nations
Information Centres for the purpose of disseminating, within their designated
areas of activity, basic information and reference materials on human rights
and fundamental freedoms, in the official languages of the United Nations and
other national languages;
8. Also
urges the Department of Public Information to produce, in cooperation with
the Office of the High Commissioner, information material, in
particular audio‑visual material, on all aspects of
human rights in connection with the World Public Information Campaign on Human
Rights and the United Nations Decade for Human Rights Education;
9. Requests
the Secretary‑General to take advantage as much as possible of the
collaboration of other international and regional intergovernmental
organizations and of non‑governmental organizations in
the implementation of the World Campaign and in the activities
relating to the Decade;
10. Calls
upon Governments, in accordance with their national conditions, to accord
priority, in particular among their parliamentary assemblies, to the
dissemination in their relevant national and local languages of the Universal
Declaration of Human Rights, the International Covenants on Human Rights and
other human rights instruments, human rights materials and training manuals, as
well as reports of States parties under the human rights treaties, and to
provide training, education and information in those languages on the practical
ways in which national and international institutions and procedures may be
utilized to ensure the effective implementation of those instruments;
11. Urges
all Member States to develop a comprehensive, effective and sustainable
national plan of action for human rights education and public information, as an
integral part of a broad national plan of action for human rights and
complementary to other national plans already defined, such as those relating
to women, minorities and indigenous peoples, in accordance with the Guidelines
for national plans of action for human rights education (A/52/469/Add.1 and
Corr.1) and the Plan of Action for the United Nations Decade for Human Rights
Education (A/51/506/Add.1, appendix);
12. Encourages
Governments to consider, within the national plans or other regional plans
mentioned in the preceding paragraph, the establishment of public access to
human rights resource and training centres capable of engaging in research,
gender‑sensitive training of trainers, preparation, collection,
translation and dissemination of human rights education and training materials,
organization of courses, conferences, workshops and public information
campaigns and assistance in the implementation of internationally sponsored
technical cooperation projects for human rights education and public
information;
13. Also
encourages Governments, where such national public access human rights
resource and training centres already exist, to strengthen their capacity to
support human rights education and public information programmes at the
international, regional, national and local levels;
14. Encourages
the Office of the High Commissioner, through its programme of advisory services
and technical cooperation in the field of human rights, and other international
and regional intergovernmental organizations, to give priority and continue to
support, inter alia, national capacities for human rights education and
public information;
15. Urges
Governments and intergovernmental and non‑governmental organizations to
continue, in the context of the Decade and of the World Campaign, the human
rights education and public information work undertaken on the occasion of the
commemoration of the fiftieth anniversary of the Universal Declaration of Human
Rights, such as the development of materials, the elaboration of programmes and
the establishment of networks;
16. Encourages
Governments to contribute to the further development of the Website of the
Office of the High Commissioner, in particular with respect to the
dissemination of human rights education materials and tools, and to continue
and expand the publications and external relations programmes of the Office;
17. Calls
upon the High Commissioner to coordinate and harmonize human rights
information strategies within the United Nations system, in close cooperation
with all relevant United Nations agencies and bodies, and recognizes the role
of the Department of Public Information in developing system-wide public
information campaigns on human rights issues;
18. Requests
the Secretary‑General to make available adequate resources from within
the regular budget of the United Nations in order to allow the Office of the
High Commissioner and the Department of Public Information to implement fully
their respective programmes;
19. Also
requests the Secretary‑General to submit to the Commission, at its
fifty‑seventh session, a report on public information activities, with
special emphasis on activities relating to the World Campaign;
20. Decides
to continue its consideration of this question at its fifty‑seventh
session under the same agenda item, in connection with the question of the
United Nations Decade for Human Rights Education (1995‑2004).
58th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVII.]
1999/61. Question of the death penalty
The Commission on Human Rights,
Recalling article 3 of
the Universal Declaration of Human Rights, which affirms the right of everyone
to life, article 6 of the International Covenant on Civil and Political Rights
and articles 6 and 37 (a) of the Convention on the Rights of the Child,
Recalling also General
Assembly resolutions 2857 (XXVI) of 20 December 1971 and 32/61 of 8
December 1977 on capital punishment, as well as resolution 44/128 of 15
December 1989, in which the Assembly adopted and opened for signature,
ratification and accession the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty,
Recalling further Economic and
Social Council resolutions 1574 (L) of 20 May 1971, 1745 (LIV) of 16
May 1973, 1930 (LVIII) of 6 May 1975, 1984/50 of 25 May 1984, 1985/33 of 29 May
1985, 1989/64 of 24 May 1989, 1990/29 of 24 May 1990, 1990/51 of 24
July 1990 and 1996/15 of 23 July 1996,
Recalling its
resolution 1998/8 of 3 April 1998 in which it expressed its conviction that
abolition of the death penalty contributes to the enhancement of human dignity
and to the progressive development of human rights,
Welcoming the
exclusion of capital punishment from the penalties that the International
Criminal Tribunal for the Former Yugoslavia, the International Tribunal for
Rwanda and the International Criminal Court are authorized to impose,
Commending those
countries which have recently abolished the death penalty,
Welcoming the fact
that many countries, while still keeping the death penalty in their penal
legislation, are applying a moratorium on executions,
Referring to the
report of the Special Rapporteur on extrajudicial, summary or arbitrary
executions (E/CN.4/1999/39 and Add.1), with respect to the Safeguards
guaranteeing protection of the rights of those facing the death penalty, set
out in the annex to Economic and Social Council resolution 1984/50 of 25
May 1984,
Deeply concerned that several
countries impose the death penalty in disregard of the limitations provided for
in the International Covenant on Civil and Political Rights and the Convention
on the Rights of the Child,
Concerned also that several
countries, in imposing the death penalty, do not take into account the
Safeguards guaranteeing protection of the rights of those facing the death
penalty,
1. Welcomes
the report of the Secretary‑General containing information on changes in
law and practice concerning the death penalty worldwide (E/CN.4/1999/52 and
Corr.1 and Add.1) and further positive developments reflected in that report;
2. Calls
upon all States parties to the International Covenant on Civil and
Political Rights that have not yet done so to consider acceding to or ratifying
the Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty;
3. Urges
all States that still maintain the death penalty:
(a) To
comply fully with their obligations under the International Covenant on Civil
and Political Rights and the Convention on the Rights of the Child, notably not
to impose the death penalty for any but the most serious crimes and only
pursuant to a final judgement rendered by an independent and impartial
competent court, not to impose it for crimes committed by persons below 18
years of age, to exclude pregnant women from capital punishment and to ensure
the right to a fair trial and the right to seek pardon or commutation of
sentence;
(b) To
ensure that the notion of “most serious crimes” does not go beyond intentional
crimes with lethal or extremely grave consequences and that the death penalty
is not imposed for non‑violent financial crimes or for non_violent
religious practice or expression of conscience;
(c) Not to
enter any new reservations under article 6 of the International Covenant
on Civil and Political Rights which may be contrary to the object and the
purpose of the Covenant and to withdraw any such existing reservations, given
that article 6 of the Covenant enshrines the minimum rules for the protection
of the right to life and the generally accepted standards in this area;
(d) To
observe the Safeguards guaranteeing protection of the rights of those facing
the death penalty, set out in the annex to Economic and Social Council
resolution 1984/50, and to comply fully with their international obligations,
in particular with those under the Vienna Convention on Consular Relations;
(e) Not to
impose the death penalty on a person suffering from any form of mental disorder
or to execute any such person;
(f) Not to
execute any person as long as any related legal procedure, at international or
at national level, is pending;
4. Calls
upon all States that still maintain the death penalty:
(a) Progressively
to restrict the number of offences for which the death penalty may be imposed;
(b) To
establish a moratorium on executions, with a view to completely abolishing the
death penalty;
(c) To
make available to the public information with regard to the imposition of the
death penalty;
5. Requests
States that have received a request for extradition on a capital charge to
reserve explicitly the right to refuse extradition in the absence of effective
assurances from relevant authorities of the requesting State that capital
punishment will not be carried out;
6. Requests
the Secretary‑General to submit his sixth quinquennial report on capital
punishment and implementation of the Safeguards guaranteeing protection of the
rights of those facing the death penalty, due in 2000 in accordance with
Economic and Social Council resolution 1995/57 of 28 July 1995, to
the Commission at its fifty_sixth session;
7. Decides
to continue consideration of the matter at its fifty‑sixth
session under the same agenda item.
58th
meeting
28
April 1999
[Adopted
by a roll_call vote of 30 votes to 11,
with
12 abstentions. See chap. XVII.]
1999/62. Towards a culture of peace
The Commission on Human Rights,
Recalling General
Assembly resolutions 50/173 of 22 December 1995, 51/101 of 12 December 1996 and
52/13 of 20 November 1997 on a culture of peace, resolution 51/104 of
12 December 1996 on the United Nations Decade for Human Rights
Education and public information activities in the field of human rights; 52/15
of 20 November 1997, in which the Assembly proclaimed the year 2000 as the
International Year for the Culture of Peace; and 53/25 of 10 November 1998
on the International Decade for a Culture of Peace and Non_Violence for the
Children of the World (2001_2010),
Also recalling its
resolution 1998/54, entitled “Towards a culture of peace”, of 17 April 1998,
Taking note of the
report presented to the General Assembly by the Secretary_General in
coordination with the Director_General of the United Nations Educational,
Scientific and Cultural Organization (A/53/370, annex), which contains a draft
declaration and programme of action on a culture of peace,
Bearing in mind the preamble
of the Charter of the United Nations and guided by the purposes and
principles contained therein,
Reaffirming that, since
wars begin in the minds of men and women, it is in the minds of men and women
that the defences of peace must be constructed,
Taking into account that a
culture of peace actively fosters non_violence and respect for human rights,
strengthens solidarity among peoples and dialogue between cultures, and
promotes democratic participation and the right to development of women and men
on an equal footing,
Recognizing that culture
is an integral whole and a basis for the intellectual development of all human
beings, and affirming the need for access, on an equal basis, by children, men
and women, including the elderly, to the science of knowledge, in particular to
an education for peace, to the enjoyment of the beautiful legacy of mankind,
for the full development of individuals as human beings,
Underlining, at the dawn
of the new millennium, the need to develop effective policies for the full
enjoyment of all human rights and fundamental freedoms by all people, thereby
encouraging them to contribute actively to the further development of a culture
of peace,
1. Recognizes
the contributions made by United Nations entities, including the United
Nations High Commissioner for Human Rights, and by international organizations
to the Secretary_General's report on a culture of peace, in particular, those
elements pertaining to the activities to foster the respect of human rights;
2. Encourages
the General Assembly to conclude its deliberations on the adoption of a
declaration and programme of action on a culture of peace;
3. Takes
note with appreciation of initiatives of civil society, in coordination
with United Nations entities, to observe the year 2000 as the International
Year for the Culture of Peace;
4. Reiterates
its invitation to States to promote a culture of peace based on the
purposes and principles established in the Charter of the United Nations,
respect for all human rights, democracy, education for peace, promotion of
sustainable development, tolerance, respect for pluralism, positive acceptance
of multiculturalism, the wider participation of women, and equal opportunities
for all, as an integral approach to preventing violence in its diverse
manifestations;
5. Requests
the Office of the United Nations High Commissioner for Human Rights to
prepare a report, taking into consideration the comments and views of all
Governments, intergovernmental and non_governmental organizations, on the
contribution of the promotion and protection of human rights to the further
development of a culture of peace, and to present this report to the Commission
at its fifty_sixth session;
6. Decides
to continue considering the question of a culture of peace at its fifty_sixth
session, giving due attention to the fact that the year 2000 has been
proclaimed, by the General Assembly, as the International Year for the Culture
of Peace.
58th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVII.]
1999/63. Human rights and bioethics
The Commission on Human Rights,
Recalling that,
according to the Universal Declaration of Human Rights, recognition of the
inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world,
Recalling also the ideal of
free human beings enjoying freedom from fear and want, as recognized by the
Universal Declaration of Human Rights and the International Covenants on Human
Rights,
Seeking to preserve the dignity and
integrity of the human being,
Recalling the right of
everyone, as recognized by the International Covenant on Economic, Social and
Cultural Rights, to enjoy the benefits of scientific progress and its
applications,
Convinced, in
accordance with the International Covenant on Economic, Social and Cultural
Rights, of the benefits to be derived from the encouragement and development of
international contacts and cooperation in the scientific field,
Recalling the
provisions of the International Covenant on Civil and Political Rights, whereby
no one shall be subjected without his free consent to medical or scientific
experimentation,
Recalling also the
Principles of Medical Ethics concerning the role of health personnel,
particularly physicians, in the protection of prisoners and detainees against
torture and other cruel, inhuman or degrading treatment or punishment, adopted
by the General Assembly in its resolution 37/194 of 18 December 1982,
Emphasizing that, under
the Convention on the Rights of the Child, States are obliged to protect
children against any form of violence,
Aware that the rapid development of
the life sciences opens up tremendous prospects for the improvement of the
health of individuals and mankind as a whole, but also that certain practices
may pose dangers to the integrity and dignity of the individual,
Seeking therefore to ensure that
scientific progress benefits individuals and develops in a manner respectful of
fundamental human rights,
Referring to the
Universal Declaration on the Human Genome and Human Rights adopted on 11
November 1997 by the General Conference of the United Nations Educational,
Scientific and Cultural Organization and to General Assembly resolution 53/152
of 9 December 1998 endorsing the Declaration,
Referring also to
resolution 29 C/17 on implementation of the Declaration adopted by the United
Nations Educational, Scientific and Cultural Organization, and recalling that
in accordance with that resolution Member States are urged to keep the
Director_General regularly informed of all measures they have taken to
implement the principles set forth in the Declaration,
Recalling that article
1 of the Declaration states the principle that the human genome underlies the fundamental
unity of all members of the human family, as well as the recognition of their
inherent dignity and diversity,
Recalling also that article
10 of the Declaration affirms that no research or research applications
concerning the human genome, in particular in the fields of biology, genetics
and medicine, should prevail over respect for the human rights, fundamental
freedoms and human dignity of individuals or, where applicable, of groups of
people,
Recalling further the decision
taken on 7 May 1998 whereby the Executive Board of the United Nations
Educational, Scientific and Cultural Organization established the International
Bioethics Committee, with the functions of reflecting on the ethical and legal
issues raised by research in the life sciences, making recommendations to the
General Conference and giving advice concerning the follow_up to the
Declaration by identifying practices that could be contrary to human dignity,
Recalling lastly its
resolutions 1991/45 of 5 March 1991, 1993/91 of 10 March 1993 and 1997/71
of 16 April 1997,
Referring to
resolution 1997/42 of 28 August 1997 of the Sub_Commission on Prevention of
Discrimination and Protection of Minorities regarding this question,
Recalling the adoption
by the Council of Ministers of the Council of Europe, on 4 April 1997, of the
Convention for the Protection of Human Rights and Dignity of the Human Being
with regard to the Application of Biology and Medicine,
Convinced of the need
to develop a life sciences ethic at the national and international levels, and
recognizing the need to develop international rules and cooperation in order to
ensure that mankind as a whole benefits from the use of the life sciences and
to prevent them from being used for any purpose other than the good of mankind,
1. Takes
note with satisfaction of the report of the Secretary_General
(E/CN.4/1999/90);
2. Invites
the United Nations Educational, Scientific and Cultural Organization, the World
Health Organization, the Office of the High Commissioner for Human Rights, and
the other United Nations bodies and specialized agencies concerned to report to
the Secretary_General on the activities conducted in their respective areas to
ensure that the principles set forth in the Universal Declaration on the Human
Genome and Human Rights are taken into account;
3. Invites
the Secretary_General to draw up proposals, on the basis of these contributions
and for consideration by the General Assembly at its fifty_fourth session,
concerning ways of ensuring the proper coordination of bioethics activities
throughout the United Nations system;
4. Invites
the High Commissioner to pay all due attention to this question within her area
of competence;
5. Draws
the attention of Governments to the importance of research on the human
genome and its applications for the improvement of the health of individuals
and mankind as a whole, to the need to safeguard the rights of the individual
and his dignity, as well as his identity and unity, and to the need to protect
the confidentiality of genetic data concerning a named person;
6. Invites
Governments to consider establishing independent, multidisciplinary and
pluralist committees of ethics to assess, notably in conjunction with the
International Bioethics Committee of the United Nations Educational, Scientific
and Cultural Organization, the ethical, social and human questions raised by
the biomedical research undergone by human beings and, in particular, research
relating to the human genome and its applications, and also invites them to
inform the Secretary_General of the establishment of any such bodies, with a
view to promoting exchanges of experience between such institutions;
7. Requests
the Sub_Commission on Prevention of Discrimination and Protection of Minorities
to consider what contribution it can make to the
reflections of the International Bioethics Committee on
the follow_up to the Universal Declaration on the Human Genome and Human Rights
and to report on this matter to the Commission at its fifty_seventh session.
8. Requests
the Secretary-General to submit a report based on these contributions for
consideration by the Commission at its fifty_seventh session.
58th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVII.]
1999/64. United Nations Decade for Human Rights
Education
The Commission on Human Rights,
Guided by the Charter of the United
Nations and the Universal Declaration of Human Rights,
Reaffirming article 26
of the Universal Declaration of Human Rights, in accordance with which
education shall be directed to the full development of the human personality
and to the strengthening of respect for human rights and fundamental freedoms,
Recalling the provisions
of other international human rights instruments, including article 13 of the
International Covenant on Economic, Social and Cultural Rights and article 28
of the Convention on the Rights of the Child, which reflect the aims of the
aforementioned article,
Taking into account its
resolution 1993/56 of 9 March 1993, in which the Commission recommended that
knowledge of human rights, both in its theoretical dimension and in its
practical application, should be established as a priority in education policies,
Believing that every
woman, man and child, to realize their full human potential, must be made aware
of all their human rights, civil, cultural, economic, political and social,
Believing also that human
rights education constitutes an important vehicle for the elimination of
gender_based discrimination and ensuring equal opportunities through the
promotion and protection of the human rights of women,
Convinced that human
rights education should involve more than the provision of information and should
constitute a comprehensive lifelong process by which people at all levels of
development and in all societies learn respect for the dignity of others and
the means and methods of ensuring that respect in all societies,
Convinced also that human
rights education and information contribute to a concept of development
consistent with the dignity of women and men of all ages which takes into
account particularly vulnerable segments of society such as children, youth,
older persons, indigenous people, minorities, rural and urban poor, migrant
workers, refugees, persons with human immunodeficiency virus/acquired immune
deficiency syndrome infection and disabled persons,
Bearing in mind the Vienna
Declaration and Programme of Action adopted by the World Conference on Human
Rights in June 1993 (A/CONF.157/23), in particular Part II, paragraphs 78 to
82, thereof,
Recalling the
responsibility of the United Nations High Commissioner for Human Rights to
coordinate relevant United Nations education and public information programmes
in the field of human rights,
Recalling also General
Assembly resolution 49/184 of 23 December 1994, in which the Assembly
proclaimed the 10_year period beginning on 1 January 1995 the United
Nations Decade for Human Rights Education, welcomed the Plan of Action for
the Decade (A/51/506/Add.1, appendix) and requested the High Commissioner to
coordinate the implementation of the Plan of Action,
Noting General Assembly resolution
53/153 of 9 December 1998, in which the Assembly urged all Governments to
contribute further to the implementation of the Plan of Action, in particular
by establishing, in accordance with national conditions, broadly representative
national committees for human rights education responsible for the development
of comprehensive, effective and sustainable national plans of action for human
rights education and information,
Welcoming the
initiative of the Office of the United Nations High Commissioner for Human
Rights to develop the project “Assisting Communities Together”, supported by
voluntary funds and designed to provide small grants to grass‑roots and
local organizations carrying out practical human rights activities,
Taking note with appreciation of
the increased efforts undertaken
so far by the Office of the High Commissioner to
disseminate human rights information through its Website
(http://www.unhchr.ch),
Welcoming the
initiative of the Department of Public Information of the Secretariat to launch
the United Nations project “CyberSchoolBus”, an Internet‑based
educational service that provides an interactive Website for secondary schools,
Considering that the
commemoration of the fiftieth anniversary of the Universal Declaration of Human
Rights in 1998 constituted an invaluable opportunity for all members of the
international community to enhance human rights education and information
activities throughout the world,
1. Takes
note with appreciation of the report of the Secretary_General on the
implementation of the Plan of Action for the United Nations Decade for
Human Rights Education (E/CN.4/1999/87);
2. Welcomes
the steps taken by Governments and intergovernmental and non_governmental
organizations to implement the Plan of Action as indicated in the report of the
Secretary_General;
3. Urges
all Governments to contribute further to the implementation of the Plan of
Action, in particular by establishing, in accordance with national conditions,
broadly representative national committees for human rights education
responsible for the development of comprehensive, effective and sustainable
national plans of action for human rights education and information, in
accordance with the guidelines for national plans of action for human rights
education (A/52/469/Add.1 and Corr.1);
4. Urges
Governments to encourage, support and involve national and local
non_governmental and community_based organizations in the implementation of
their national plans of action;
5. Requests
the High Commissioner to accelerate the implementation of the Plan of Action
and, in particular, to encourage and facilitate the establishment of national
plans of action for human rights education in Member States in accordance with
national conditions;
6. Encourages
the Office of the High Commissioner to continue to support national capacities
for human rights education and information through its technical cooperation
programme in the field of human rights, including the organization of training
courses and the development of targeted training materials for professional
audiences, as well as the dissemination of human rights information materials
as a component of technical cooperation projects;
7. Also
encourages the Office of the High Commissioner to further develop its
Website, in particular with respect to the dissemination of human rights
education materials and tools;
8. Requests
the High Commissioner to continue implementation of the “Assisting Communities
Together” project and to consider other appropriate ways and means to support
human rights education activities, including those undertaken by
non_governmental organizations;
9. Encourages Governments to support
further through voluntary contributions the education and public information
efforts undertaken by the Office of the High Commissioner in the framework
of the Decade;
10. Requests
human rights treaty monitoring bodies to consider adopting a general comment on
human rights education and to place emphasis, when examining reports of States
parties, on the obligations of States parties in the area of human rights
education and information, and to reflect this emphasis in their concluding
observations;
11. Invites
the specialized agencies, especially the United Nations Economic, Social and
Cultural Organization, and relevant United Nations programmes and funds to
contribute, within their respective spheres of competence, to the implementation
of the Plan of Action and to cooperate closely with the Office of the High
Commissioner in that regard;
12. Urges
the relevant organs, bodies and agencies of the United Nations system, all
human rights bodies of the United Nations system, as well as the Office of the
High Commissioner for Human Rights and the Office of the United Nations High
Commissioner for Refugees, to provide training in the human rights of women for
all United Nations personnel and officials;
13. Calls
upon international, regional and national non_governmental organizations
and intergovernmental organizations, in particular those concerned with women,
labour, development, food, housing, education, health care and the environment,
as well as all other social justice groups, human rights advocates, educators,
religious organizations and the media, to undertake specific activities of
formal, non_formal and informal education, including cultural events, alone and
in cooperation with the Office of the United Nations High Commissioner for
Human Rights, in implementing the Plan of Action;
14. Urges
Governments and intergovernmental and non‑governmental organizations to
continue in the context of the Decade the human rights education and public
information work undertaken on the occasion of the commemoration of the
fiftieth anniversary of the Universal Declaration of Human Rights, such as the
development of materials, the elaboration of programmes and the establishment
of networks;
15. Requests
the Secretary-General, through the United Nations High Commissioner for
Human Rights, to submit to the Commission a report on the implementation of the
present resolution at its fifty-sixth session;
16. Decides
to continue consideration of the question of human rights education at its
fifty_sixth session under the same agenda item.
58th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVII.]
1999/65. Fundamental standards of humanity
The Commission on Human Rights,
Gravely concerned at the large
number of situations where internal violence causes extensive suffering and
undermines the protection of human rights,
Conscious of the
desirability of continuing to study the principles governing the behaviour of
all persons, groups and public authorities,
Emphasizing, in this
regard, the need to identify and implement measures to prevent violations of
human rights and international humanitarian law, in particular violations of
the right to life and integrity of the individual,
Recalling its
resolution 1998/29 of 17 April 1998,
1. Recognizes
the desirability of identifying fundamental standards of humanity applicable in
all situations in a manner consistent with international law, including the
Charter of the United Nations;
2. Also
recognizes in this regard the vital importance of the existence in each
country of appropriate national legislation for dealing with such situations in
a manner consistent with the rule of law;
3. Welcomes
the report of the Secretary_General on fundamental standards of humanity
(E/CN.4/1999/92) and invites Governments, United Nations bodies, the human
rights treaty bodies, mechanisms of the Commission on Human Rights and
intergovernmental organizations, as well as regional organizations, the
International Committee of the Red Cross and non_governmental organizations, to
provide comments on this report and on the previous analytical report of the
Secretary_General (E/CN.4/1998/87 and Add.1);
4. Requests
the Secretary_General to continue to study and consult on this issue and to
submit a report, entitled “Fundamental standards of humanity”, to the
Commission at its fifty_sixth session, taking into account comments received
and relevant new developments.
58th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVII.]
1999/66. Implementation of
the Declaration on the Right and
Responsibility of Individuals, Groups and Organs of
Society
to Promote and Protect Universally Recognized
Human
Rights and Fundamental Freedoms
The Commission on Human Rights,
Welcoming General
Assembly resolution 53/144 of 9 December 1998 by which the Assembly adopted the
Declaration on the Right and Responsibility of Individuals, Groups and Organs
of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms,
Emphasizing the
important role that individuals, non-governmental organizations and groups have
to play in the promotion and protection of human rights and fundamental
freedoms,
1. Calls
upon all States to promote and give effect to the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms, and to report on activities they have
undertaken in this regard;
2. Urges
all treaty bodies and special representatives, special rapporteurs and working
groups of the Commission and the Sub_Commission on Prevention of Discrimination
and Protection of Minorities to give due regard to the Declaration within their
mandates, and requests the Secretary-General to submit a report thereon to the
Commission at its fifty_sixth session;
3. Requests
the Secretary-General to consider appropriate ways for the effective promotion
and implementation of the Declaration and to submit a
report to the Commission at its fifty_sixth session with
proposals thereon and, in preparing his report, to seek the views of
Governments, specialized agencies and relevant intergovernmental and
non-governmental organizations.
58th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVII.]
1999/67. Convention
on the Prevention and Punishment
of
the Crime of Genocide
The Commission on Human Rights,
Guided by the principles of the
Charter of the United Nations, the Universal Declaration of Human Rights, the
Convention on the Prevention and Punishment of the Crime of Genocide, as well
as other relevant international human rights instruments,
Recalling that the
General Assembly, in its resolution 96 (I) of 11 December 1946,
declared genocide to be a crime under international law, contrary to the spirit
and aims of the United Nations,
Welcoming General
Assembly resolution 53/43 of 2 December 1998 on the fiftieth anniversary of the
Convention on the Prevention and Punishment of the Crime of Genocide and
recalling its own resolution 1998/10 of 3 April 1998 on the same subject,
Stressing the
significance of the adoption on 17 July 1998 of the Rome Statute of the
International Criminal Court (A/CONF.183/9),
Mindful of the suffering that
genocide has caused to mankind and that the danger of the repetition of
genocide has not completely disappeared,
Convinced that the
United Nations High Commissioner for Human Rights and the Commission can
contribute to preventing situations in which the crime of genocide could be
committed,
1. Stresses
the importance of and the need to implement the Convention on the Prevention
and Punishment of the Crime of Genocide;
2. Decides
to examine the matter at its fifty_seventh session.
58th
meeting
28
April 1999
[Adopted
by a roll_call vote of 48 votes to none,
with
5 abstentions. See chap. XVII.]
1999/68. Enhancement
of international cooperation
in
the field of human rights
The Commission on Human Rights,
Reaffirming its
commitment to promoting international cooperation, as set forth in the Charter
of the United Nations, in particular Article 1, paragraph 3, as well as
relevant provisions of the Vienna Declaration and Programme of Action adopted
by the World Conference on Human Rights in June 1993 (A/CONF.157/23), to
enhance genuine cooperation among States in the field of human rights,
Recalling its
resolution 1998/81 of 24 April 1998 and General Assembly resolution 53/154 of 9
December 1998 relating to the enhancement of international cooperation in the
field of human rights,
Reaffirming that
dialogue among religions, cultures and civilizations, including in the field of
human rights, could contribute greatly to the enhancement of international
cooperation in this field,
Recognizing
that the enhancement of international cooperation in the field of human rights
is essential for the full achievement of the purposes of the
United Nations, including the effective promotion and protection of all
human rights,
Reaffirming the
importance of ensuring the universality, objectivity and non_selectivity of the
consideration of human rights issues, and underlining the importance of mutual
understanding, dialogue and genuine cooperation on human rights issues,
Taking note of the
adoption of resolution 1998/28 of 26 August 1998 of the Sub_Commission on
Prevention of Discrimination and Protection of Minorities, entitled “Promotion
of dialogue on human rights issues”,
1. Calls
upon States, intergovernmental organizations and specialized agencies to
continue to carry out constructive dialogue and consultations for the
enhancement of understanding and the promotion and protection of all human
rights and fundamental freedoms, and encourages non_governmental organizations
to contribute actively to this endeavour;
2. Invites
States and all relevant United Nations human rights mechanisms and procedures
to pay continued attention to the importance of mutual cooperation,
understanding and dialogue in ensuring the promotion and protection of human
rights;
3. Requests
the United Nations High Commissioner for Human Rights to submit a report on
ways and means of enhancing international cooperation in the field of human
rights to the Commission at its fifty_seventh session;
4. Decides
to continue its consideration of this question at its fifty_sixth session.
58th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVII.]
1999/69. Regional cooperation for the promotion
and protection
of
human rights in the Asian and Pacific region
The Commission on Human Rights,
Recalling its
resolution 1998/44 of 17 April 1998,
Recognizing that
regional cooperation can play an important role in promoting universal respect
for, and observance of, human rights and fundamental freedoms,
Recognizing also the valuable
contribution that independent national institutions and non-governmental
organizations can make in the field of human rights in the Asian and Pacific
region,
Reaffirming that all
human rights are universal, indivisible, interdependent and interrelated, that
the international community must treat human rights globally in a fair and
equal manner, on the same footing and with
the same emphasis, and that, while the significance of
national and regional particularities and various historical, cultural and
religious backgrounds must be borne in mind, it is the duty of States,
regardless of their political, economic and cultural systems, to promote and
protect all human rights and fundamental freedoms,
Welcoming the
convening of the Seventh Workshop on Regional Arrangements for the Promotion
and Protection of Human Rights in the Asian and Pacific Region, held in New
Delhi from 16 to 18 February 1999,
1. Welcomes
the report of the Secretary-General (E/CN.4/1999/94) and the progress achieved
in the implementation of Commission resolution 1998/44;
2. Endorses
the conclusions of the seventh workshop and its decisions regarding the next
steps to be taken to facilitate the process of regional cooperation in the
Asian and Pacific region;
3. Reaffirms that developing and
strengthening national capacities for the promotion and protection of human
rights in accordance with national conditions provides the strongest foundation
for effective and enduring regional cooperation in the field of human rights in
the Asian and Pacific region;
4. Supports
the call of the seventh workshop for the mainstreaming and effective
coordination of technical cooperation activities in all areas of human rights
as an essential element for promotional approaches that build capacity and
ensure effective solutions;
5. Recognizes
the importance of an inclusive, step-by-step, practical and building_block
approach towards enhancing regional cooperation for the promotion and
protection of human rights in accordance with the pace and priorities to be set
by the Governments of the Asian and Pacific region by consensus;
6. Also
recognizes that the continuing process of regional cooperation and its
practical results are essential to discussions on possible regional arrangements;
7. Welcomes
the in-depth discussions held during the seventh workshop on the effective
realization of the right to development and of economic, social and cultural
rights;
8. Also
welcomes the discussions held during the seventh workshop on the three
other areas under the framework of regional cooperation: national plans of action for the protection
of human rights and strengthening of national capacities, human rights education, and national
institutions for the promotion and protection of human rights;
9. Commends
the contribution of the Government of India, as the host of the seventh
workshop, to the promotion and protection of human rights in the Asian and
Pacific region;
10. Welcomes
the establishment of independent national institutions in countries of the
Asian and Pacific region and their important contribution to the process of
regional cooperation, inter alia, through the work of the Asia_Pacific
Forum of National Human Rights Institutions;
11. Notes
the contribution of independent national institutions and representatives of non-governmental
organizations to the seventh workshop;
12. Welcomes
the decision of the United Nations High Commissioner for Human Rights to
allocate funding for the implementation of the regional projects foreseen
within the Framework for Regional Technical Cooperation in the Asian and
Pacific Region adopted at the sixth workshop held in Tehran from 28 February to
2 March 1998 (E/CN.4/1998/50, annex II);
13. Calls
upon the Office of the United Nations High Commissioner for Human
Rights to develop and implement the project proposals made at the seventh
workshop in the four areas identified under the regional framework;
14. Welcomes
the indication by the Governments of Thailand, Japan and the Republic of Korea
that they would each host a regional inter-sessional workshop on one of the
four areas agreed upon in Tehran;
15. Encourages
all Governments in the Asian and Pacific region to consider making use of the
facilities offered by the United Nations, under the programme of advisory and
technical cooperation in the field of human rights, to further strengthen
national human rights capacities, and in this regard calls upon the High
Commissioner to give adequate attention to the programme;
16. Requests
the Secretary_General to submit to the Commission at its fifty_sixth session a
report containing the conclusions of the Eighth Workshop on Regional
Arrangements for the Promotion and Protection of Human Rights in the Asian and
Pacific Region and information on the progress achieved in the implementation
of the present resolution;
17. Decides
to continue its consideration of the question at its fifty_sixth session under
the same agenda item.
58th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVIII.]
1999/70. Composition of the staff of the Office of
the
United Nations High Commissioner for
Human
Rights
The Commission on Human Rights,
Recalling that, in its
report to the Special Commission of the Economic and Social Council
(E/CN.4/1988/85 and Corr.1), the Commission on Human Rights reaffirmed that the
paramount consideration for employing staff at every level was the need for the
highest standards of efficiency, competence and integrity and was convinced
that this objective was compatible with the principle of equitable geographical
distribution and took into account Article 101, paragraph 3, of the Charter of
the United Nations,
Recalling also Part II,
paragraphs 11 and 17, of the Vienna Declaration and Programme of Action
(A/CONF.157/23), in which the World Conference on Human Rights requested the
Secretary-General and the General Assembly to provide sufficient human,
financial and other resources to the Centre for Human Rights to enable it
effectively, efficiently and expeditiously to carry out its activities, while
recognizing the necessity for restructuring United Nations human rights machinery,
in accordance with its real needs,
Taking into account the need to
pay particular attention to the recruitment of personnel for the Office of the
United Nations High Commissioner for Human Rights from developing
countries, thus improving the present staff composition, based on a more
equitable geographical distribution,
Noting with concern that the
report of the United Nations High Commissioner for Human Rights submitted
pursuant to resolution 1998/46 of 17 April 1998 (E/CN.4/1999/97) concerning
the geographical composition and the functions of the Office staff clearly
reflects that one region is unequivocally over_represented in the staff
composition,
Expressing its concern again over
the under_representation of the developing countries on the staff of the Office
of the High Commissioner, particularly bearing in mind the criteria of
equitable geographical distribution,
1. Takes
note of the report of the High Commissioner on the composition of the staff
of the Office of the High Commissioner
(E/CN.4/1999/97);
2. Reiterates
its support of the statement of the High Commissioner to the Third
Committee at the fifty_second session of the General Assembly, in which she
expressed her willingness to ensure a good geographical balance and a sense of
bringing together North and South in a joint commitment to human rights, in the
process of filling key senior positions in the Office as well as the post of
Deputy High Commissioner;
3. Reaffirms
that Article 101, paragraph 3, of the Charter of the United Nations should
guide the Secretary-General in his policy for recruiting the staff of the
Organization, mindful of the criteria of equitable geographical distribution;
4. Considers
that it is necessary, in the process of restructuring the Office of the
United Nations High Commissioner for Human Rights, to take urgent,
concrete and immediate action to change the currently prevailing geographical
distribution of staff of the Office in favour of a more equitable distribution
of posts, in accordance with Article 101 of the Charter, particularly by
recruiting personnel from developing countries, including to key posts;
5. Requests
the Secretary-General to take the necessary measures to ensure that particular
attention is paid to recruiting personnel from developing countries for the
existing vacancies and for other additional posts in the Office of the High
Commissioner to ensure an equitable geographical distribution, giving
particular priority in this regard to recruitment for high-level and
Professional posts and to the recruitment of women;
6. Requests
once again the Secretary-General, in signing agreements with countries as a
result of which Junior Professional Officers are provided to the Office of the
High Commissioner, to urge those countries to ensure the allocation of
additional financial resources to guarantee that personnel from developing
countries are able to work as Junior Professional Officers, with a view to
conforming with the principle of equitable geographical distribution;
furthermore, a permanent mechanism must be established, by virtue of which
every Junior Professional Officer from a donor country who joins the Office
will be matched by another Junior Professional Officer from a developing
country;
7. Emphasizes
the importance of openly advertising all posts, including ad hoc appointments
for field operations, including the dissemination of detailed job descriptions
among all States prior to filling those posts;
8. Requests
the High Commissioner to ensure that Junior Professional Officers are not given
sensitive political assignments where their impartiality may be questioned;
9. Reaffirms
the importance of ensuring universality, objectivity and non-selectivity in the
consideration of human rights issues, and requests the High Commissioner to
continue ensuring that the fulfilment of her mandate and that of the Office is
guided by these principles;
10. Stresses
that the staff of the Office of the High Commissioner need to continue
maintaining their neutrality and fully respecting the independence of the work
of all mechanisms of the Commission and the treaty bodies, while providing
support to their functioning;
11. Requests
the High Commissioner to submit a comprehensive report on the implementation of
the present resolution to the Commission at its fifty_sixth session, which
should include:
(a) The
composition of the staff of the Office, organized by the five
United Nations regional groups established by the General Assembly
(African States, Asian States, Latin America and Caribbean States, Western
Europe and Other States and Eastern Europe States) and reflecting, inter
alia, grade, nationality and gender, including with regard to non-regular
staff;
(b) Measures
adopted to improve the current situation and their results;
(c) Recommendations
to improve the current situation;
12. Decides
to consider this matter under the same agenda item at its fifty-sixth session.
58th
meeting
28
April 1999
[Adopted
by a roll_call vote of 34 votes to 16,
with
3 abstentions. See chap. XVIII.]
1999/71. Regional
arrangements for the promotion
and
protection of human rights
The Commission on Human Rights,
Recalling the Vienna
Declaration and Programme of Action adopted by the World Conference on Human
Rights in June 1993 (A/CONF.157/23), which reiterated, inter alia, the
need to consider the possibility of establishing regional and subregional
arrangements for the promotion and protection of human rights where they do not
already exist,
Recalling also General
Assembly resolution 32/127 of 16 December 1977 and all subsequent resolutions
of the Assembly concerning regional arrangements for the promotion and
protection of human rights, most recently resolution 53/148 of 9 December 1998,
Recalling further Commission
resolution 1997/34 of 11 April 1997,
Reaffirming that
regional arrangements play a fundamental role in promoting and protecting human
rights and should reinforce universal human rights standards, as contained in
international human rights instruments, and their protection,
Recalling that the
World Conference recommended that more resources should be made available for
the strengthening or the establishment of regional arrangements for the
promotion and protection of human rights under the programme of technical
cooperation in the field of human rights of the Office of the United Nations
High Commissioner for Human Rights,
Supporting the efforts
made by the United Nations, the specialized agencies and regional
intergovernmental organizations in order to promote and protect human rights at
the regional level, and the conclusion of regional arrangements in the field of
human rights,
Noting the expansion of the
technical cooperation programme of the High Commissioner, extended upon the
request of the concerned Member States, and the crucial importance of sharing
information and experiences and developing and strengthening national capacities
for the promotion and protection of human rights,
Considering that the
cooperation between the United Nations and regional arrangements in the field
of human rights continues to be both substantive and mutually supportive and
possibilities exist for increased cooperation,
1. Takes
note of the report of the Secretary-General (E/CN.4/1999/93);
2. Welcomes
the continuing cooperation and assistance of the Office of the United Nations
High Commissioner for Human Rights in the further strengthening of the existing
regional arrangements and regional machinery for the promotion and protection
of human rights, in particular through technical cooperation which is aimed at
national capacity_building, public information and education, with a view to
exchanging information and experience in the field of human rights;
3. Also
welcomes, in that respect, the close cooperation of the Office of the High
Commissioner in the organization of regional and subregional training courses
and workshops in the field of human rights, high_level government expert
meetings and regional conferences of national human rights institutions, aimed
at creating greater understanding of the promotion and protection of human
rights issues in the regions, improving procedures and examining the various
systems for the promotion and protection of universally accepted human rights
standards and at identifying obstacles to ratification of the principal
international human rights treaties and strategies to overcome them;
4. Stresses
the importance of the programme of technical cooperation in the field of human
rights and renews its appeal to all Governments to consider making use of the
possibilities offered by the United Nations, under this programme, of
organizing workshops or training courses at the national level for government
personnel and relevant professional groups on the application of international
human rights standards and the experience of relevant international bodies, and
notes with satisfaction, in that respect, the establishment of technical
cooperation projects with Governments of all regions;
5. Welcomes
the growing exchanges between the United Nations and the bodies created by the
United Nations in accordance with the treaties dealing with human rights, on
the one hand, and regional intergovernmental organizations, such as the Council
of Europe, the Organization for Security and Cooperation in Europe, the
Inter_American Commission on Human Rights and the African Commission on Human
and Peoples' Rights, on the other hand;
6. Reiterates
the recommendation of the World Conference on Human Rights that human rights
officers be assigned if and when necessary to regional offices of the United
Nations for the purpose of disseminating information and offering training and
other technical assistance in the field of human rights upon the request of the
concerned Member States, and in this regard calls upon the Office of the High
Commissioner to also disseminate information regarding regional arrangements
which exist in different parts of the world;
7. Welcomes
in this regard the appointment by the Office of the High Commissioner of a
regional programme adviser, based in Pretoria, within the framework of its
programme of technical cooperation, who is facilitating the promotion and
protection of human rights, democracy and the rule of law through projects and
activities and by providing on_site support and advice, upon request, to
Governments and the Southern African Development Community;
8. Takes
note with appreciation of the decision made by the United Nations High
Commissioner for Human Rights to make available, at the request of Member
States, the services of a regional human rights adviser as a regional project
officer in connection with the implementation of technical cooperation in the
Asian and Pacific region, in accordance with the Framework for Technical
Cooperation in the Asian and Pacific Region established at the Sixth Workshop
on Regional Arrangements for the Promotion and Protection of Human Rights in
the Asian and Pacific Region, held in Tehran from 28 February to 2 March 1998
(E/CN.4/1998/50, annex II);
9. Requests
the Secretary_General, as foreseen in programme 19, Human rights, of the
medium-term plan for the period 1998-2001, to continue to strengthen exchanges
between the United Nations and regional intergovernmental organizations dealing
with human rights and to make available adequate resources from within the
regular budget of technical cooperation to these activities of the Office of
the High Commissioner to promote regional arrangements;
10. Welcomes
the adoption by the Assembly of Heads of State and Government of the
Organization of African Unity of the Protocol to the Charter on Human and
Peoples' Rights on the establishment of an African Court of Human and Peoples'
Rights, as well as the assistance provided by the Office of the High Commissioner
for the elaboration of this Protocol;
11. Invites
States in areas where regional arrangements in the field of human rights do not
yet exist to consider concluding agreements with a view to the establishment
within their respective regions of suitable regional machinery for the
promotion and protection of human rights;
12. Requests
the Office of the High Commissioner to continue to pay special attention to the
most appropriate ways of assisting, at their request, countries of the
different regions under the programme of technical cooperation and to make,
where necessary, relevant recommendations;
13. Invites
the Secretary_General, in the report he will present to the General Assembly at
its fifty-fifth session, to provide information about the progress made since
the adoption of the Vienna Declaration and Programme of Action on reinforcing
the exchange of information and extending collaboration between the organs of
the United Nations dealing with human rights and regional organizations in the
field of the promotion and protection of human rights;
14. Requests
the Secretary_General to submit to it at its fifty_seventh session a report on
the state of regional arrangements for the promotion and protection of human
rights, to formulate concrete proposals and recommendations on ways and means
to strengthen cooperation between the United Nations and regional
arrangements in the field of human rights and to include therein the results of
action taken in pursuance of the present resolution;
15. Decides
to consider this question further at its
fifty_seventh session.
59th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVIII.]
1999/72. National
institutions for the promotion and
protection
of human rights
The Commission on Human Rights,
Recalling relevant
resolutions of the General Assembly and its own resolutions concerning national
institutions for the promotion and protection of human rights, notably Assembly
resolutions 48/134 of 20 December 1993 and 52/128 of 12 December 1997 and
Commission resolutions 1992/54 of 3 March 1992 and 1998/55 of 17
April 1998,
Welcoming the rapidly
growing interest worldwide in the creation and strengthening of independent,
pluralistic national institutions for the promotion and protection of human
rights,
Convinced of the
important role such national institutions play in promoting and protecting
human rights and fundamental freedoms and in developing and enhancing public
awareness of those rights and freedoms,
Expressing its appreciation in
this context of the active role that national institutions played in the
celebrations marking the fiftieth anniversary of the Universal Declaration of
Human Rights at the national and local levels,
Recognizing that it is
the prerogative of each State to choose, for the establishment of a national
institution, the legal framework that is best suited to its particular needs
and circumstances to ensure that human rights are promoted and protected at the
national level in accordance with international human rights standards,
Recalling the Vienna
Declaration and Programme of Action adopted by the World Conference on Human
Rights in June 1993 (A/CONF.157/23), in which was reaffirmed the important and
constructive role played by national human rights institutions and their role
in remedying human rights violations and in the dissemination of human rights
information and education concerning human rights,
Recalling also the Platform
for Action adopted by the Fourth World Conference on Women (A/CONF.177/20,
chap. I, annex II), in which Governments were urged to create or strengthen independent
national institutions for the promotion and protection of human rights,
including the human rights of women,
Welcoming the
strengthening of international cooperation among national human rights
institutions, including through the meeting of the Coordinating Committee
created by national institutions, held in Paris in December 1998 in association
with celebrations marking the fiftieth anniversary of the Universal Declaration
of Human Rights,
Welcoming also the
strengthening of regional cooperation among national human rights institutions,
including through the third Annual Meeting of the Asia_Pacific Forum of
National Human Rights Institutions, held in Jakarta in September 1998, the
Second Conference of African National Institutions for the Promotion and
Protection of Human Rights, held in Durban, South Africa, in
June/July 1998, and the first meeting of Mediterranean National
Institutions for the Promotion and Protection of Human Rights, held in
Marrakesh, Morocco, in April 1998,
Noting the importance of an
appropriate form of participation by national institutions in relevant United
Nations meetings dealing with human rights, and noting that a number of
national institutions have for some time taken a constructive part in such
meetings as part of the delegations of Member States,
1. Reaffirms
the importance of the development of effective, independent, pluralistic
national institutions for the promotion and protection of human rights in
conformity with the Principles relating to the status of national institutions
for the promotion and protection of human rights, annexed to General Assembly
resolution 48/134 of 20 December 1993;
2. Encourages
Member States to establish or, where they already exist, to strengthen such
institutions, as outlined in the Vienna Declaration and Programme of Action;
3. Welcomes
the support for the creation and development of further independent national
institutions for the promotion and protection of human rights and fundamental
freedoms as outlined in article 14, paragraph 3, of the Declaration on the
Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms adopted by the General Assembly in resolution 53/144 of
9 December 1998;
4. Also
welcomes the decisions announced recently by a growing number of States to
establish, or to consider establishing, national institutions for the promotion
and protection of human rights, including the trend towards establishment of
such institutions in developed countries;
5. Endorses
the view of the Committee on Economic, Social and Cultural Rights expressed
in General Comment No. 10 (1998) (E/1999/22_E/C.12/1998/26, annex V) that
national human rights institutions have a potentially crucial role to play in
promoting and ensuring the indivisibility and interdependence of all human
rights;
6. Calls
upon States, in this context, to ensure that all human rights are
appropriately reflected in the mandates of national human rights institutions
when they are established;
7. Reaffirms
the role of national institutions, where they exist, as appropriate agencies, inter
alia, for the dissemination of human rights materials and other public
information activities during the United Nations Decade for Human Rights
Education (1995-2004);
8. Commends
the United Nations High Commissioner for Human Rights for the priority accorded
to the establishment and strengthening of national human rights institutions,
including through technical cooperation, and calls upon the Office of the
United Nations High Commissioner for Human Rights to strengthen its
coordinating role in this field;
9. Welcomes
the initiative of the High Commissioner to consolidate and strengthen the work
of her Office in the area of national human rights institutions, including
through the allocation of resources, and calls for the continued allocation of
the resources necessary for this work;
10. Expresses
its appreciation to those Governments which have contributed additional
resources for the purpose of the establishment and strengthening of national
human rights institutions and invites other Governments to do likewise;
11. Welcomes
the important work of the Coordinating Committee of national institutions, in
close cooperation with the Office of the High Commissioner, to assist
Governments and national institutions, when requested, to follow up on relevant
resolutions and recommendations concerning the strengthening of national
institutions;
12. Requests
the Secretary-General to continue to provide, from within existing resources,
the necessary assistance for holding meetings of the Coordinating Committee
during the sessions of the Commission, under the auspices of, and in
cooperation with, the Office of the High Commissioner;
13. Also
requests the Secretary-General to continue to provide, from within existing
resources and the United Nations Voluntary Fund for Technical Cooperation in
the Field of Human Rights, the necessary assistance for regional meetings of
national institutions;
14. Considers
it important for national institutions which conform with the Principles relating
to the status of national institutions for the promotion and protection of
human rights to be able to participate in an appropriate manner in their own
right in meetings of the Commission on Human Rights and its subsidiary bodies;
15. Notes
the section of the report of the Secretary-General (E/CN.4/1999/95) concerning
participation by national institutions in United Nations meetings dealing
with human rights, and considers that the arrangement at the Commission which
allows national institutions to address the Commission from a special section
of the floor set aside specifically for this purpose, behind the nameplate
“National Institutions”, should be continued;
16. Welcomes
the decisions to hold the fifth international workshop on national institutions;
the fourth Annual Meeting of the Asia-Pacific Forum of National Human Rights
Institutions; the Third Conference of African National Institutions for the
Promotion and Protection of Human Rights; and the third regional meeting of
European national institutions within the next year;
17. Invites
Governments and intergovernmental organizations to contribute to the United
Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights
for the purpose of financing, where necessary, attendance by representatives of
national institutions;
18. Recognizes
the important and constructive role that non_governmental organizations can
play, in cooperation with national institutions, for the better promotion and
protection of human rights and, in this context, welcomes the initiative of the
Asia_Pacific Forum of National Human Rights Institutions to hold a workshop on
cooperation between non_governmental organizations and national human rights
institutions in Sri Lanka in June/July 1999;
19. Requests
the Secretary-General to report to the Commission at its fifty-sixth session on
the implementation of the present resolution;
20. Decides
to continue its consideration of this question at its
fifty-sixth session.
59th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVIII.]
1999/73. Mainstreaming
technical cooperation
in
all areas of human rights
The Commission on Human Rights,
Recalling:
(a) That
one of the principal purposes of the United Nations is to achieve
international cooperation in promoting and encouraging respect for human
rights;
(b) General
Assembly resolution 926 (X) of 14 December 1955, in which the Assembly
established the United Nations programme of advisory services in the field of
human rights, and Economic and Social Council decision 1987/147 of 29 May 1987,
pursuant to which the Secretary_General established the
United Nations Voluntary Fund for Technical
Cooperation in the Field of Human Rights, as well as Commission resolution
1998/57 of 17 April 1998,
Recalling also that the
Vienna Declaration and Programme of Action adopted by the World Conference on
Human Rights in June 1993 (A/CONF.157/23), inter alia:
(a) Calls
upon the Office of the United Nations High Commissioner for Human Rights to
assume a larger role in the promotion of human rights through cooperation with
Member States and by an enhanced programme of advisory services in the field of
human rights;
(b) Calls
for a substantial expansion of existing voluntary funds for the above purpose;
and
(c) Recommends
that a comprehensive programme be established within the United Nations in
order to help States in the task of building and strengthening adequate
national structures which have a direct impact on the overall observance of
human rights and the maintenance of the rule of law;
Mindful that the mandate of the United
Nations High Commissioner for Human Rights includes responsibilities, inter
alia, for:
(a) The
provision of advisory services and technical and financial assistance at the
request of States;
(b) Enhancing
international cooperation for the promotion and protection of all human rights;
(c) Coordination
of human rights promotion and protection activities throughout the United
Nations system; and
(d) Coordination
of relevant United Nations education and public information programmes in the
field of human rights;
Acknowledging the urgent
need for further strengthening the provision of advisory services and
technical cooperation by the Office of the High Commissioner,
1. Declares
that advisory services and technical cooperation provided at the request of
Governments with a view to developing national capacities in the field of human
rights constitute one of the most efficient and effective means of promoting
and protecting all human rights, democracy and the rule of law;
2. Reaffirms
that developing and strengthening national capacities for the promotion and
protection of human rights in accordance with national conditions provides the
strongest foundation for effective and enduring international cooperation in
the field of human rights;
3. Emphasizes
the need for mainstreaming technical cooperation activities in all areas of
human rights as an essential element of promotional approaches that build
capacity and ensure effective solutions;
4. Reaffirms
that monitoring operations undertaken in the field, in response to grave and
massive violations of human rights, must progressively shift to a programme for
enhancing national capacities and institutions for the promotion and protection
of human rights through advisory services and technical cooperation if
interventions in the field are to produce lasting results;
5. Calls
upon the High Commissioner to include, as an integral part of all
monitoring and preventive field operations, “exit strategies” based on the
delivery of advisory services and technical cooperation and the building of
national capacities;
6. Affirms
the need for technical cooperation programmes to be grounded in national
developmental objectives of the countries concerned and to be aimed at
supporting the achievement of national development goals, programmes and
policies, in keeping with international human rights standards, utilizing, to
the maximum extent possible, national expertise in human rights;
7. Calls
upon the Office of the High Commissioner to offer advisory services to all
countries irrespective of their economic status, keeping in mind the fact that
human rights violations occur in all societies and in all parts of the world;
8. Welcomes
the remarkable increase in the number of requests for advisory services and
technical cooperation in the field of human rights as an expression of the
growing commitment of States to promote and protect human rights;
9. Calls
upon the High Commissioner to take urgent measures to develop to the
fullest extent the potential of advisory services and technical cooperation for
the promotion and protection of all human rights and to accord these activities
the highest priority;
10. Requests
the High Commissioner to examine ways and means by which the visibility and
distinct identity of technical cooperation activities can be enhanced, thereby
encouraging States in need of assistance in this field to consider making use
of advisory services and technical cooperation in order to achieve the full
enjoyment of all human rights;
11. Reaffirms
the need to utilize, to the maximum extent possible, appropriate expertise
available in developing countries for the implementation of technical
cooperation projects in a manner that takes advantage of the positive potential
of national and regional circumstances;
12. Calls
upon the Office of the High Commissioner to prepare and submit to the
Commission at its fifty_sixth session a compendium of institutions and resource
centres in developing countries specializing in human rights_related activities
with a view to promoting South_South cooperation;
13. Also
calls upon the Office of the High Commissioner to make available to the
Commission on Human Rights on an annual basis details of the persons included
on its roster of experts available for technical cooperation activities, to
advertise widely in the media, especially in developing countries, its need for
such experts and to invite all States to nominate experts for inclusion on the
roster;
14. Further
calls upon the Office of the High Commissioner to elaborate, in close
consultation with States, policy guidelines in the field of technical
cooperation aimed at the building of national capacities and institutions;
15. Invites
relevant United Nations treaty bodies, special rapporteurs and representatives,
as well as working groups, to include in their recommendations proposals for
specific projects to be realized under the programme of advisory services and
technical cooperation in the field of human rights with a view to contributing
to practical change in the human rights situation at the grass_roots level;
16. Invites
the Office of the High Commissioner to institutionalize measures for the
systematic follow_up of recommendations made by special rapporteurs and
independent experts on the provision of advisory services and technical
cooperation and for identifying the resources required for the implementation
of those recommendations;
17. Reaffirms
that effective advisory services and technical cooperation in the field of
human rights require the Office of the High Commissioner to play a leadership
role and to coordinate activities of United Nations bodies and all
specialized agencies active in this field;
18. Urges
the Office of the High Commissioner to improve its coordination with United
Nations development agencies, within their respective mandates, and to provide
advice relating to their activities through advocacy and dissemination of
information regarding the critical role that social and economic development
and poverty eradication play in any strategy to promote and realize all human
rights;
19. Calls
upon the Office of the High Commissioner, in cooperation with the United
Nations Development Programme, to undertake an information campaign aimed at
publicizing the importance of development for the promotion of human rights;
20. Calls
upon the High Commissioner to include information on the implementation of
the present resolution in her analytical report to the Commission at its
fifty_sixth session on the progress and concrete achievements made, as well as
obstacles encountered, in the implementation of the programme of advisory
services and technical cooperation in the field of human rights;
21. Decides
to continue consideration of this subject at its
fifty_seventh session.
59th
meeting
28
April 1999
[Adopted
by a roll_call vote of 27 votes to 19,
with 7
abstentions. See chap. XIX.]
1999/74. Assistance to States in strengthening the
rule of law
The Commission on Human Rights,
Recalling that, by
adopting the Universal Declaration of Human Rights, Member States have pledged
themselves to achieve, in cooperation with the United Nations, the promotion of
universal respect for and observance of human rights and fundamental freedoms,
Firmly convinced that, as
stressed in the Universal Declaration of Human Rights, the rule of law is an
essential factor in the protection of human rights and should continue to
attract the attention of the international community,
Convinced that through
their own national legal and judicial systems States must provide appropriate
civil, criminal and administrative remedies for violations of human rights,
Recognizing the
importance of the role that can be played by the Office of the United Nations
High Commissioner for Human Rights in supporting national efforts to strengthen
the institutions of the rule of law,
Bearing in mind that, in its
resolution 48/141 of 20 December 1993, the General Assembly entrusted the
United Nations High Commissioner for Human Rights with, inter alia,
providing, including through other appropriate institutions, advisory services
and technical and financial assistance in the field of human rights, enhancing
international cooperation for the promotion and protection of all human rights and
coordinating human rights activities throughout the United Nations system,
Recalling the
recommendation of the World Conference on Human Rights, held at Vienna in 1993,
that a comprehensive programme be established within the United Nations and
under the coordination of the High Commissioner with a view to helping States
in the task of building and strengthening adequate national structures that
have a direct impact on the overall observance of human rights and the
maintenance of the rule of law,
Recalling also its
resolution 1997/48, of 11 April 1997 and noting General Assembly resolution 53/142 of 9 December 1998,
1. Notes
with satisfaction the report of the Secretary-General to the General
Assembly (A/53/309);
2. Takes
note with appreciation of the increasing number of Member States
seeking assistance in strengthening and consolidating the rule of law and of
the proposals contained in the report of the Secretary-General for
strengthening the programme of advisory services and technical cooperation of
the Office of the High Commissioner in order to comply fully with the
recommendations of the World Conference on Human Rights concerning assistance
to States in strengthening their institutions which uphold the rule of law;
3. Praises
the efforts made by the Office of the High Commissioner to accomplish its
ever-increasing tasks with the limited financial and personnel resources at its
disposal;
4. Expresses
its deep concern at the scarcity of means at the disposal of the Office of
the High Commissioner for the fulfilment of its tasks;
5. Notes
that the programme of advisory services and technical cooperation does not have sufficient funds to provide any
substantial financial assistance to national projects that have a direct impact
on the realization of human rights and the maintenance of the rule of law in
countries that are committed to those ends, but which face economic hardship;
6. Welcomes
the deepening of the ongoing cooperation between the Office of the High Commissioner
and other relevant bodies and programmes of the United Nations system, with a
view to enhancing system-wide coordination of assistance in human rights,
democracy and the rule of law, and, in this context, takes note of the
cooperation between the United Nations Development Programme and the Office of
the High Commissioner in providing technical assistance at the request of
States in the promotion of the rule of law;
7. Affirms
that the United Nations High Commissioner for Human Rights remains the focal
point for coordinating system-wide attention for human rights, democracy and
the rule of law;
8. Welcomes
the consultations and contacts initiated by the High Commissioner with
relevant bodies and programmes of the United Nations system aimed at the
enhancement of inter-agency coordination and cooperation in providing
assistance for the strengthening of the rule of law;
9. Encourages
the High Commissioner to pursue those consultations and to continue the
dialogue between her Office and other organs and agencies of the United Nations
system, taking into account the need to explore new synergies with a view to
obtaining increased financial assistance for human rights and the rule of law;
10. Also
encourages the High Commissioner to continue to explore the possibility of
further contact with and support from financial institutions, acting within
their mandates, with a view to obtaining technical and financial means to
strengthen the capacity of the Office of the High Commissioner to provide
assistance to national projects aimed at the realization of human rights and
the maintenance of the rule of law;
11. Requests
the High Commissioner to continue to accord high priority to the technical
cooperation activities undertaken by her Office with regard to the rule of law;
12. Expresses
its appreciation of the efforts made by the High Commissioner to
undertake an analysis of the technical cooperation provided by the United
Nations in the field of human rights with the aim of formulating
recommendations for inter-agency coordination, funding and allocation of
responsibilities in order to improve efficiency and complementarity of action
concerning, inter alia, assistance to States in strengthening the rule
of law;
13. Decides
to continue its consideration of the question of assistance to States in
strengthening the rule of law at its fifty_seventh session in the light of
the report to be submitted by the Secretary-General to the General Assembly at
its fifty-fifth session pursuant to Assembly resolution 53/142 and any relevant
information that may be provided by the High Commissioner on this matter.
59th
meeting
28
April 1999
[Adopted
without a vote. See chap. XIX.]
1999/75. Assistance to Somalia in the field of
human rights
The Commission on Human Rights,
Guided by the Charter of the United
Nations, the Universal Declaration of Human Rights, the African Charter on
Human and Peoples' Rights and other relevant human rights instruments,
Recalling its
resolution 1998/59 of 17 April 1998, in which it invited the independent
expert, inter alia, to study ways and means of how best to implement, at
the earliest possible date, a programme of advisory services for Somalia
through the contributions of agencies and programmes of the
United Nations,
Noting with concern that the
persisting lack of a central authority and the ongoing armed conflict in
Somalia have exacerbated the grave situation of human rights in the country,
Recognizing that the
people of Somalia have the principal responsibility for their national
reconciliation process and that they are the ones to decide freely on their
political, economic and social systems,
Considering, as stated
by the independent expert, that the people of Somalia should not be abandoned
by the international community and that human rights should be placed on the
agenda of talks regarding the future of Somalia,
1. Welcomes:
(a) The
report of the independent expert (E/CN.4/1999/103) and, in particular, her
conclusions and recommendations;
(b) The
efforts made by the United Nations, the Organization of African Unity, the
League of Arab States, the European Union, the Organization of the Islamic
Conference and the Movement of Non‑Aligned Countries and in particular
the coordinated approach promoted by the countries of the Inter_governmental
Authority on Development and the Inter_governmental Authority Partners’ Forum
in favour of peace, national reconciliation, unity and reconstruction of the
State in Somalia and expresses its wish that human rights issues be integrated
in that context;
(c) The
integration of human rights issues by a number of United Nations agencies
in their programmes, as reported by the independent expert;
2. Takes
note with concern of the addendum to the report of the independent expert
(E/CN.4/1999/103/Add.1), which contains a preliminary assessment of mass graves
in the vicinity of Hargeisa, in north_west Somalia;
3. Expresses
deep concern at reports of arbitrary and summary executions, torture and
other cruel, inhuman or degrading treatment or punishment and violence, in
particular against women and children, and at the absence of an effective
judicial system, essential to ensure the right to a fair trial in accordance
with international standards;
4. Condemns:
(a) The
widespread violations and abuses of human rights and humanitarian law, in
particular against minorities, women and children;
(b) Any
violation of international law on armed conflicts, including acts of violence
such as hostage‑taking and abduction, particularly of humanitarian relief
workers;
5. Strongly
urges all parties in Somalia:
(a) To
respect human rights and international humanitarian law pertaining to internal
armed conflict;
(b) To
support, as recommended by the independent expert, the re_establishment of the
rule of law throughout the country, in particular by applying internationally
accepted criminal justice standards;
(c) To
protect United Nations personnel, humanitarian relief workers and
representatives of non‑governmental organizations and of the
international media, and guarantee all persons involved in humanitarian action
safe and unhindered access to civilians in need of protection and humanitarian
assistance;
6. Calls
upon:
(a) All
parties to the conflict in Somalia to work towards a peaceful solution to the
crisis;
(b) Subregional,
regional and international organizations and concerned countries to continue
and intensify the coordinated efforts aimed at facilitating the national
reconciliation process in Somalia, aware of the fact that the peaceful coexistence
of all parties and groups is an important foundation for the respect of human
rights;
(c) Individual
donor countries, international organizations and non_governmental organizations
further to incorporate human rights principles and objectives in the
humanitarian and development work they carry out in Somalia and to cooperate
with the independent expert;
7. Commends
the work carried out by the independent expert, particularly in assessing the
means necessary to establish a programme of advisory services and technical
assistance through, inter alia, the contribution of agencies and
programmes of the United Nations in the field, as well as of the non‑governmental
sector, and requests her to report on the human rights situation in
Somalia to the Commission at its fifty‑sixth session;
8. Welcomes
the decision of the United Nations High Commissioner for Human Rights to
appoint a human rights officer in the framework of the office of the
United Nations Resident Humanitarian Coordinator for Somalia, and stresses
the importance of implementing that decision;
9. Requests
the Secretary_General to continue to provide the independent expert with all
necessary assistance in carrying out her mandate and to provide adequate
resources, from within existing overall United Nations resources, to fund the
activities of the independent expert and the High Commissioner for the
implementation of advisory services and technical assistance;
10. Invites
Governments and organizations in a position to do so to respond positively to
requests by the Secretary‑General for assistance in the implementation of
the present resolution;
11. Decides
to continue consideration of the question at its
fifty_sixth session under the same agenda item.
59th
meeting
28
April 1999
[Adopted
without a vote. See chap. XIX.]
1999/76. Situation of human rights in Cambodia
The Commission on Human Rights,
Guided by the purposes and
principles embodied in the Charter of the United Nations, the Universal
Declaration of Human Rights and the International Covenants on Human Rights,
Recalling the
Agreement on a Comprehensive Political Settlement of the Cambodia Conflict
signed in Paris on 23 October 1991, including Part III relating to human
rights,
Recalling also its
resolution 1998/60 of 17 April 1998, General Assembly
resolution 53/145 of 9 December 1998 and previous relevant resolutions,
Recognizing that the
tragic history of Cambodia requires special measures to assure the protection
of the human rights of all people in Cambodia and the non_return to the
policies and practices of the past, as stipulated in the Agreement signed in
Paris in 1991,
Desiring that the
international community continue to respond positively to assist efforts to
investigate Cambodia's tragic history, including responsibility for past
international crimes, such as acts of genocide and crimes against humanity,
Aware of the legitimate concern of
the Government and people of Cambodia in the pursuit of internationally
accepted principles of justice and of national reconciliation,
Recognizing that
accountability of individual perpetrators of grave human rights violations is
one of the central elements of any effective remedy for victims of human rights
and a key factor in ensuring a fair and equitable justice system and,
ultimately, reconciliation and stability within a State,
Welcoming the
continuing role of the United Nations High Commissioner for Human Rights in the
promotion and protection of human rights in Cambodia,
1. Requests
the Secretary_General, through his Special Representative for human rights in
Cambodia, in collaboration with the office in Cambodia of the United Nations
High Commissioner for Human Rights, to assist the Government of Cambodia in
ensuring the protection of the human rights of all people in Cambodia and to
ensure adequate resources for the continued functioning of the operational
presence in Cambodia of the Office of the United Nations High Commissioner for
Human Rights and to enable the Special Representative to continue to fulfil his
tasks expeditiously;
2. Welcomes
the report of the Secretary_General (E/CN.4/1999/100) concerning the role of
the Office of the High Commissioner in assisting the Government and people of
Cambodia in the important work of promoting and protecting human rights in
Cambodia and encourages the Government of Cambodia to continue to cooperate
with the Office, and requests the Government of Cambodia and the United Nations
High Commissioner for Human Rights to enter into discussion with a view to
renewing the memorandum of understanding on the programme including technical
assistance of the office in Cambodia;
3. Also
welcomes the report of the Special Representative on the situation of human
rights in Cambodia (E/CN.4/1999/101), and notes in particular his concerns
about the problem of impunity, the independence of the judiciary and the
establishment of the rule of law, and the need for the reform of the police and
the military;
4. Urges
the Government of Cambodia to undertake further necessary measures to develop
an independent, impartial and effective judicial system, including the early
adoptions of the draft statute on magistrates, a penal code and a code on
criminal procedures, as well as the reform of the administration of justice,
and appeals to the international community to assist the Government of Cambodia
to this end;
5. Commends
the efforts by the Government of Cambodia for the review of and the resolve to
downsize the police and the military, urges further appropriate measures by the
Government of Cambodia to carry out effective reform aiming towards smaller,
depoliticized and impartial police and military forces, and invites the
international community to assist the Government of Cambodia to this end;
6. Encourages
the Government of Cambodia to continue to work with non_governmental
organizations in efforts to strengthen and uphold human rights in Cambodia, in
recognition of the vital and valuable role played by non_governmental
organizations in the development of civil society in Cambodia;
7. Notes
with interest the activities undertaken by the governmental Cambodian Human
Rights Committee and the National Assembly Commission on Human Rights and
Reception of Complaints, encourages them to base their work on the
international human rights standards, welcomes efforts to establish an
independent national human rights commission, which should be based on the
international standards, and requests the Office of the High Commissioner to
provide advice and technical assistance for these goals;
8. Welcomes
the decisions by the Government of Cambodia to register a number of labour
unions, notes with interest the enactment of the new labour law that recognizes
labour rights and the new International Labour Organization Programme to
improve the implementation of the labour law in the Cambodian textiles and apparel
industry, and calls upon the Government of Cambodia to continue to ensure
labour rights;
9. Expresses
grave concern about numerous instances of violations of human rights,
including extrajudicial executions, torture, illegal arrest and detention, and
violence in relation to political activities, as detailed in the reports of the
Special Representative, and calls upon the Government of Cambodia to
investigate urgently and prosecute, in accordance with due process of law and
international human rights standards, all those who have perpetrated these
human rights violations;
10. Also
expresses grave concern at the situation of impunity in Cambodia and
stresses that addressing the continuing problem of impunity, including the
repeal of article 51 of the 1994 Law on Civil Servants and
bringing to justice those responsible for human rights
violations, together with ensuring security of the person and the rights of
association, assembly and expression, remains a matter of critical and urgent
priority;
11. Stresses
the importance of the upcoming communal elections being conducted in a free and
fair manner, and urges the Government of Cambodia to prepare for the communal
elections accordingly;
12. Reaffirms
that the most serious human rights violations in Cambodia in recent history
have been committed by the Khmer Rouge, notes with interest the final collapse
of the Khmer Rouge which has paved the way for the investigation and
prosecution of their leaders, but notes with concern that no Khmer Rouge leader
so far has been brought to account for his crimes;
13. Takes
note with appreciation of the report submitted by the Group of Experts
appointed by the Secretary_General, in response to the request by the Cambodian
authorities for assistance in responding to past serious violations of
Cambodian and international law by the Khmer Rouge (A/53/850_S/1999/231,
annex), evaluating the existing evidence and proposing further measures as a
means of bringing about national reconciliation, strengthening democracy and
addressing the issue of individual accountability;
14. Strongly
appeals to the Government of Cambodia to take all necessary measures to
ensure that those who are most responsible for the most serious violations of
human rights are brought to account in accordance with the international
standards of justice, fairness and due process of law, bearing in mind the
report of the Group of Experts and the Secretary_General's letters to the
President of the General Assembly and the President of the Security Council
dated 15 March 1999 (A/53/850_S/1999/231), and encourages the Government of
Cambodia and the international community to continue to cooperate for this purpose;
15. Welcomes
the recent adoption of a five_year action plan by the Government of Cambodia,
in particular by the Ministry of Women's Affairs and Veterans, as well as other
measures taken by the Government of Cambodia to improve the status of women, and
urges the Government of Cambodia to continue to take appropriate measures,
including seeking technical assistance, to eliminate discrimination against
women, including in the political and public life of the country, to combat
violence against women in all its forms, and to take all steps to meet its
obligations as a party to the Convention on the Elimination of All Forms of
Discrimination against Women;
16. Commends
the efforts of the Government of Cambodia, together with non_governmental
organizations and the local authorities, to improve the quality of and access
to education, and calls for further measures to be taken in order to ensure the
right of Cambodian children to education, especially at the primary level, in
accordance with the Convention on the Rights of the Child;
17. Notes
with serious concern the health status of children and the prevalence of
child labour, child prostitution and trafficking in Cambodia, calls on the
Government of Cambodia to ensure adequate health and safety conditions for
children, to combat child prostitution and trafficking and to
outlaw the worst forms of child labour and, in this
context, invites the International Labour Organization to continue to extend
necessary assistance;
18. Also
notes with serious concern the prison conditions in Cambodia, commends the
continued international assistance to improve the material conditions of
detention and calls upon the Government of Cambodia to take necessary measures
to improve the prison conditions, especially to provide the minimum standard of
food and health care;
19. Condemns
the use of racist rhetoric and acts of violence against ethnic minorities,
especially Cambodians of Vietnamese ethnicity, urges an end to racial violence
and vilification, urges the Government of Cambodia to take all steps to meet
its obligations as a party to the International Convention on the Elimination
of All Forms of Racial Discrimination and encourages the international
community to provide the technical assistance for this purpose;
20. Welcomes
the recent actions by the Government of Cambodia to combat illicit logging,
which seriously threatens the full enjoyment of economic, social and cultural
rights by many Cambodians including indigenous people, and calls upon the Government
of Cambodia to take further appropriate measures to protect those affected in
the context of forestry management and land law;
21. Commends
the efforts of the Government of Cambodia, the Government of Thailand and the
Office of the United Nations High Commissioner for Refugees in regard to the
successful completion of the voluntary repatriation of Cambodian refugees from
Thailand, and encourages the Government of Cambodia to further pursue its
measures towards the reintegration and rehabilitation of the returnees;
22. Notes
with appreciation the use by the Secretary_General of the United Nations
Trust Fund for a Human Rights Education Programme in Cambodia to finance the
programme of activities of the office in Cambodia of the United Nations
High Commissioner for Human Rights as defined in resolutions of the
General Assembly and the Commission on Human Rights, and invites
Governments, intergovernmental and non-governmental organizations, foundations
and individuals to consider contributing funds to the Trust Fund;
23. Expresses
grave concern at the devastating consequences and destabilizing effects of
the use of anti_personnel landmines on Cambodian society, welcomes the efforts
of the Government of Cambodia to continue its work and support for the removal
of these mines, including the work of the Cambodian Mine Action Centre,
commends donor countries for their contributions and assistance to the Centre
and urges the Government of Cambodia to give priority to banning all
anti_personnel landmines;
24. Requests
the Secretary_General to report to the Commission at its fifty_sixth
session on the role and achievement of the Office of the High Commissioner in
assisting the Government and people of Cambodia in the promotion and protection
of human rights and on the recommendations made by the Special Representative
on matters within his mandate;
25. Decides
to continue its consideration of the situation of human rights in Cambodia at
its fifty_sixth session under the agenda item entitled “Advisory services and
technical cooperation in the field of human rights”.
59th
meeting
28
April 1999
[Adopted
without a vote. See chap. XIX.]
1999/77.
Situation of human rights in Haiti
The Commission on Human Rights,
Guided by the principles embodied in
the Charter of the United Nations, the Universal Declaration of Human Rights
and the International Covenants on Human Rights and other international human
rights instruments, including the Convention on the Elimination of All Forms of
Discrimination against Women,
Reaffirming that all
Member States have the obligation to promote human rights and to fulfil the obligations
they have undertaken under the various international instruments in this field,
Recalling its
resolution 1998/58 of 17 April 1998 and General Assembly resolution 53/159 of 9
December 1998,
Having in mind the report
of the Secretary‑General on the situation of democracy and human rights
in Haiti (A/53/564), and his report on the technical cooperation programme in
Haiti (A/53/530),
Recognizing the
important contributions of the International Civilian Mission to Haiti whose
mandate has been extended until 31 December 1999, the United Nations Support
Mission in Haiti, the National Commission for Truth and Justice, the United
Nations Transition Mission in Haiti, terminated on 30 November 1997,
and the United Nations Civilian Police Mission in Haiti, whose mandate has been
extended until 30 November 1999, to the task of restoring and strengthening
democracy in Haiti and of establishing a climate of freedom and tolerance
conducive to respect for human rights in that country,
Recognizing also the interdependence
and the mutual reinforcement between democracy, development and respect for
human rights and fundamental freedoms and the commitment of the international
community to supporting, strengthening and promoting this principle,
Expressing its concern over the
lack of a functioning legislature and over the lack of fully independent local
governments,
Noting with interest that the
Supreme Court has been seized of the question of the status of parliamentarians
and local government authorities and will pronounce itself shortly on this
matter, which has been pending since 11 January 1999,
Also noting with interest the
establishment, following consultations among the political leadership in Haiti
of a new Government, having as its principal expressed goal the holding of
early, free and fair elections,
Welcoming the
Government's stated determination that it and its servants will remain
politically neutral throughout the electoral process,
Welcoming also the naming
of a new provisional electoral council,
Welcoming further the
improvements effected in the human rights situation in Haiti since the
restoration of its democratic regime and noting the declarations by the Haitian
authorities to the effect that the Government of that country remains
committed to upholding human rights,
Indicating its concern at the
security problems faced by Haitian society, some of which are due to the
difficult social and economic conditions of that society, and which both
account for and result from the limitations of the judicial and police systems,
as indicated in the reports of the independent expert,
Reiterating its satisfaction at
the invitation to visit the country addressed by the Government of Haiti to the
Special Rapporteur on violence against women, its causes and consequences,
1. Thanks
the Secretary_General, his Special Representative for Haiti and the independent
expert of the Commission on the situation of human rights in Haiti for their
unremitting efforts on behalf of the consolidation of democratic institutions
in Haiti and respect for human rights in that country;
2. Notes
with gratitude the report on the situation of human rights in Haiti
submitted to the General Assembly by the independent expert of the Commission,
Mr. Adama Dieng (A/53/355), and the recommendations contained therein
and welcomes, in particular, his analysis of and attention to the issues
affecting the enjoyment by women in Haiti of their human rights, in particular
violence against women;
3. Invites
the Government of Haiti to ratify the International Covenant on Economic,
Social and Cultural Rights, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and the Optional Protocols to the
International Covenant on Civil and Political Rights;
4. Reaffirms
the importance, for the realization of a genuine and effective process of
transition and national reconciliation, of the investigations undertaken by the
National Commission for Truth and Justice, and once again urges the Government
of Haiti to institute legal proceedings against the perpetrators of human
rights violations identified by the Commission for Truth and Justice and to
create effective facilities for support to the victims, particularly women,
children and members of their families;
5. Strongly
supports the intention that the people of Haiti be able to express their
political will through free and fair elections, in conditions of security, as
soon as possible, and in this connection invites the Government of Haiti to
pursue its consultations with political parties and civil society, in a spirit
of political pluralism, with a view to democratically filling the institutional
void which has existed since 11 January 1999;
6. Expresses
its concern at the lack of substantive progress on reform of the judicial
system and urges the new Government to proceed with the programme of action
worked out at the Law and Justice Reform Seminar of 6 July 1998, as a
means of strengthening the promotion and protection of human rights and
encouraging broad participation in the elections;
7. Urges
the Government of Haiti to improve the overall conditions in prisons, inter
alia medical care;
8. Calls
upon the Government of Haiti, in collaboration with the international
community and women's groups, to put in place measures to address violence
against women, including the development of training programmes for judicial
and legal personnel, and the incorporation of the human rights of women in all
levels of the education system;
9. Also
calls upon the Government of Haiti to continue structural reforms in the
police and justice sectors, to investigate politically motivated crimes
properly and prosecute perpetrators of such crimes in accordance with Haitian
law, and to take vigorous action to eliminate any continuing human rights
violations, including illegal arrests and detentions;
10. Commends
the Haitian National Police for its professional and apolitical behaviour
during the political crisis, and encourages continuation of such behaviour
during the electoral process;
11. Draws
attention to the need for the Haitian National Police to continue receiving
technical training to enable it to perform its functions efficiently, within a
framework of respect for human rights;
12. Commends
the United Nations Civilian Police Mission in Haiti for its successful
mentoring of the Haitian National Police and underscores the importance of
developing a suitable replacement when the mandate of the Mission expires on 30
November 1999;
13. Welcomes
the report of the Secretary_General on the programme of technical cooperation
in Haiti, which the Office of the United Nations High Commissioner for
Human Rights is conducting for the purpose of strengthening institutional
capacity in that field and especially in the areas of legislative reform,
training of justice administration personnel and human rights education, and
requests the Secretary_General to submit a further report on the implementation
of the programme to the Commission at its fifty‑sixth session;
14. Commends
the efforts of the United Nations/Organization of American States
International Civilian Mission in Haiti in monitoring human rights and
promoting democratic reform and assisting the Haitian authorities in the field
of institution‑building, as well as the United Nations Development
Programme for technical assistance to the Haitian National Police;
15. Invites
the United Nations High Commissioner for Human Rights to contribute to the
strengthening of the Office of Protection of the Citizen, through a programme
of technical cooperation;
16. Invites
the international community, including the Bretton Woods institutions, to
continue their involvement in the reconstruction and development of Haiti,
having regard to the continuing fragility of the country's political, economic
and social situation;
17. Reiterates
once again its invitation to the Special Rapporteur on violence against
women, its causes and consequences, to consider favourably the invitation by
the Government of Haiti to visit the country;
18. Invites
the independent expert to report to the General Assembly at its fifty‑fourth
session and to the Commission on Human Rights at its fifty‑sixth session
on developments in the human rights situation in Haiti;
19. Decides
to continue its consideration of this question at its fifty‑sixth session
under the agenda item entitled “Advisory services and technical cooperation in
the field of human rights”.
59th
meeting
28
April 1999
[Adopted
without a vote. See chap. XIX.]
1999/78. Racism,
racial discrimination, xenophobia
and
related intolerance
The Commission on Human Rights,
Reaffirming the
Universal Declaration of Human Rights, the Charter of the United Nations, the
International Covenants on Human Rights and the International Convention on the
Elimination of All Forms of Racial Discrimination,
Reaffirming also its firm
determination and its commitment to eradicate totally and unconditionally
racism in all its forms and racial discrimination, and its conviction that
racism and racial discrimination constitute a total negation of the purposes
and principles of the Charter of the United Nations and the Universal
Declaration of Human Rights,
Recalling General
Assembly resolution 52/111 of 12 December 1997 in which the Assembly decided to
convene a world conference against racism, racial discrimination, xenophobia
and related intolerance, to be held not later than 2001,
Recalling that, in
resolution 52/111, the General Assembly decided that the Commission on Human
Rights would serve as preparatory committee for the World Conference,
Taking note of General
Assembly resolution 53/132 of 9 December 1998, in which the Assembly requested
the Commission to submit, through the Economic
and Social Council, before the conclusion of the
fifty-third session of the Assembly, a substantive proposal for the date and
place of the World Conference,
Reaffirming its
resolution 1998/26 of 17 April 1998, in which it recommended that the
activities of the Programme of Action for the Third Decade to Combat Racism and
Racial Discrimination should be focused on the preparatory process for the
World Conference,
Recalling the
recommendations of the two World Conferences to Combat Racism and Racial
Discrimination, held in Geneva in 1978 and 1983,
Bearing in mind the Vienna
Declaration and Programme of Action adopted by the World Conference on Human
Rights in June 1993 (A/CONF.157/23), which call for the speedy and
comprehensive elimination of all forms of racism, racial discrimination,
xenophobia and related intolerance,
Deeply concerned that,
despite continuing efforts, contemporary forms of racism, racial discrimination,
any form of discrimination against, inter alia, Blacks, Arabs and
Muslims, xenophobia, Negrophobia, anti‑Semitism and related intolerance
persist and are even growing in magnitude, incessantly adopting new forms,
including tendencies to establish policies based on racial, religious, ethnic,
cultural and national superiority or exclusivity,
Particularly alarmed at the rise
of racist and xenophobic ideas in political circles, in the sphere of public
opinion and in society at large,
Conscious of the fundamental
difference between, on the one hand, racism and racial discrimination as an
institutionalized governmental policy or resulting from official doctrines of
racial superiority or exclusivity and, on the other hand, other manifestations
of racism, racial discrimination, xenophobia and related intolerance taking
place in segments of many societies and perpetrated by individuals or groups,
some of which are directed against migrant workers and their families,
Reaffirming, in this
regard, the responsibility of Governments for safeguarding and protecting the
rights of individuals residing in their territory against crimes perpetrated by
racist or xenophobic individuals or groups,
Noting with concern that racism,
racial discrimination, xenophobia and related intolerance may be aggravated by,
inter alia, inequitable distribution of wealth, marginalization and
social exclusion,
Deeply concerned about the
fact that the phenomenon of racism and racial discrimination against migrant
workers continues to increase despite efforts undertaken by the international
community to improve the protection of the human rights of migrant workers and
members of their families,
Taking note with satisfaction of
the report of the Working Group of Intergovernmental Experts on the Human
Rights of Migrants (E/CN.4/1999/80),
Noting with grave concern
that, despite the efforts of the international community, the principal
objectives of the two Decades for Action to Combat Racism and Racial
Discrimination have not been attained and that millions of human beings
continue to this day to be victims of varied forms of racism and racial
discrimination,
Noting also with grave concern
that, despite the efforts undertaken by the international community at various
levels, racism, racial discrimination, xenophobia and related forms of
intolerance, ethnic antagonism and acts of violence are showing signs of
increase,
Deeply concerned that those
advocating racism and racial discrimination misuse new communication
technologies, including the Internet, to disseminate their repugnant views,
Aware that racism, being one of the
exclusionist phenomena plaguing many societies, requires resolute action and
cooperation for its eradication,
Recalling General
Assembly resolution 48/91 of 20 December 1993, in which the Assembly proclaimed
the Third Decade to Combat Racism and Racial Discrimination, beginning in 1993,
and adopted the Programme of Action proposed for the Decade,
Having examined the report
of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance (E/CN.4/1999/15 and Add.1),
Observing that the
manifestations of contemporary forms of racism, racial discrimination,
xenophobia and related intolerance bode ill for the international community,
that racist propaganda and incitement to racial hatred are spreading and that
racism is taking increasingly violent forms,
Stressing the need to
recognize that acts of violence motivated by racial discrimination and
xenophobia are crimes punishable by law,
Also stressing the
importance of urgently eliminating growing and violent trends of racism and
racial discrimination, and conscious that any form of impunity for crimes
motivated by racist and xenophobic attitudes plays a role in weakening the rule
of law and democracy and tends to encourage the recurrence of such crimes, and
requires resolute action and cooperation for its eradication,
I
General
1. Expresses
its profound concern at and unequivocal condemnation of all forms of racism
and racial discrimination, including related acts of racially motivated
violence, xenophobia and related intolerance, as well as all propaganda
activities and organizations which attempt to justify or promote racism, racial
discrimination, xenophobia and related intolerance in any form;
2. Declares
that racism and racial discrimination are among the most serious violations of
human rights in the contemporary world and must be combated by all available
means;
3. Underlines
the importance of effective action to create conditions that foster greater
harmony and tolerance within societies;
4. Expresses
its deep concern at and condemnation of manifestations of racism, racial
discrimination, xenophobia and related intolerance against migrant workers and
members of their families and other vulnerable groups in many societies;
5. Calls
upon all States to review and, where necessary, revise their immigration
policies which are inconsistent with international human rights instruments
with a view to eliminating all discriminatory policies and practices against
migrants;
6. Condemns
all forms of racial discrimination and xenophobia as regards access to
employment, vocational training, housing, schooling, health services and social
services, as well as services intended for use by the public;
7. Categorically
condemns any role played by some print, audio‑visual or electronic
media in inciting acts of violence motivated by racial hatred;
8. Urges
Governments to take all necessary measures against incitement to racial hatred,
including through print, audio_visual and electronic media;
9. Calls
upon all States, where appropriate, to strengthen their national
legislation and institutions for the promotion of racial harmony and notes the
conclusions and recommendations of the Special Rapporteur on contemporary forms
of racism, racial discrimination, xenophobia and related intolerance in this
regard, including those on the importance of integration of vulnerable groups
in mainstream societies;
10. Invites
all States, in their efforts aimed at promoting racial harmony, to involve, or,
as necessary, to establish, national institutions and other appropriate
organizations;
11. Welcomes
the active role played by non‑governmental organizations in combating
racism and assisting individual victims of racist acts;
12. Invites
all Governments to take measures, where possible, to provide assistance and
rehabilitation to victims of acts of racism, racial discrimination, xenophobia
and related intolerance;
13. Encourages
the mass media to promote ideas of tolerance and understanding among peoples
and between different cultures;
14. Takes
note with interest of general recommendation XV (42) of 17 March
1993 of the Committee on the Elimination of Racial Discrimination on article 4
of the International Convention on the Elimination of All Forms of Racial
Discrimination, in which the Committee concluded that the prohibition of the
dissemination of all ideas based on racial superiority or racial hatred is
compatible with the right to freedom of opinion and expression as embodied in
article 19 of the Universal Declaration of Human Rights and recalled in
article 5 of the Convention;
II
Implementation of the Programme of Action for the
Third
Decade to Combat Racism and Racial
Discrimination and
coordination
of activities
15. Regrets
the continued lack of interest, support and financial resources for the Third
Decade and the Programme of Action, and that very few of the activities planned
for the period 1994‑1998 were carried out;
16. Recognizes
the laudable and generous efforts by donors that have made contributions to the
Trust Fund for the Programme for the Decade to Combat Racism and Racial
Discrimination, but feels that these financial contributions have proved
inadequate and that the General Assembly should consider all ways and means of
financing the Programme of Action, including through the United Nations
regular budget;
17. Recommends
that the General Assembly, through the Economic and Social Council, should
request the Secretary_General to assign high priority to the activities of the
Programme of Action and to earmark adequate resources to finance the activities
of the Programme;
18. Warmly
calls upon all Governments, United Nations bodies, the specialized agencies
and intergovernmental organizations, as well as interested non‑governmental
organizations, to contribute fully to the effective implementation of the
Programme of Action for the Third Decade to Combat Racism and Racial
Discrimination;
19. Strongly
appeals to all Governments, intergovernmental and non_governmental
organizations and individuals in a position to do so to contribute generously
to the Trust Fund, and, to this end, requests the Secretary_General to continue
to undertake appropriate contacts and initiatives to encourage contributions;
20. Welcomes
the establishment of the racism project team in the Office of the
United Nations High Commissioner for Human Rights with a view to
coordinating all activities of the Third Decade;
21. Affirms
its determination to combat violence stemming from intolerance on the basis of
ethnicity, which it considers to be as particularly serious a problem as
violence based on racism, racial discrimination, xenophobia and related
intolerance;
22. Requests
all States to encourage the reporting of all acts motivated by racism, racial
discrimination, xenophobia or ethnic reasons in order to facilitate the
necessary inquiries and bring the persons who commit such acts to trial;
23. Recommends
that States give priority to education as a principal means of preventing and
eradicating racism and racial discrimination and of creating awareness of the
principles of human rights, particularly among young people, and to the
training of law enforcement personnel, inter alia, through the promotion
of tolerance and respect for cultural diversity;
24. Calls
upon all Member States to consider signing and ratifying or acceding to the
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families as a matter of priority;
III
Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance and
follow‑up
to his visits
25. Takes
note with satisfaction of the report of the Special Rapporteur
(E/CN.4/1999/15 and Add.1);
26. Expresses
its full support and appreciation for the work of the Special Rapporteur
and for its continuation;
27. Requests
the Special Rapporteur to continue his exchange of views with Member States and
relevant mechanisms and treaty bodies within the United Nations system in
order to enhance further their effectiveness and mutual cooperation;
28. Calls
upon all Governments, intergovernmental organizations and other relevant
organizations of the United Nations system, as well as non‑governmental
organizations, to supply information to the Special Rapporteur;
29. Urges
all Governments to cooperate fully with the Special Rapporteur with a view to
enabling him to fulfil his mandate to examine incidents of contemporary forms
of racism, racial discrimination, any form of discrimination against, inter
alia, Blacks, Arabs and Muslims, xenophobia, Negrophobia, anti‑Semitism
and related intolerance;
30. Requests
the Special Rapporteur to make the fullest use of all appropriate sources of
information, including country visits and evaluation of the mass media, and to
elicit responses from Governments with regard to allegations;
31. Commends
those States that have so far invited and received the Special Rapporteur;
32. Invites
the Governments of the States so far visited to consider ways to implement the
recommendations contained in the reports of the Special Rapporteur and requests
the Special Rapporteur to include in his report to the Commission at its fifty‑sixth
session, under the same agenda item, information on the measures taken to
implement those recommendations, and to undertake follow‑up visits, if
necessary;
33. Notes
with concern the increase in the use of new communications technologies, in
particular the Internet, to disseminate racist ideas and incite racial hatred;
34. Notes
that the use of such technologies can contribute to combating racism, racial
discrimination, xenophobia and related intolerance, for example through the
creation of Internet sites to disseminate anti_racist and anti_xenophobic
messages;
35. Requests
the United Nations High Commissioner for Human Rights to undertake research and
consultations on the use of the Internet for purposes of incitement to racial
hatred, racist propaganda and xenophobia, to study ways of promoting
international cooperation in this area, and to draw up a programme of human
rights education and exchanges over the Internet on experience in the struggle
against racism, xenophobia and anti‑Semitism;
36. Urges
the High Commissioner to provide those countries which were visited by the
Special Rapporteur, at their request, with advisory services and technical
assistance to enable them to implement fully the recommendations of the Special
Rapporteur;
IV
International
Convention on the Elimination of
All
Forms of Racial Discrimination
37. Appeals
to those States that have not yet done so to consider ratifying or acceding to
the relevant international instruments, particularly the International
Convention on the Elimination of All Forms of Racial Discrimination and the
Convention against Discrimination in Education, and calls upon the States
that have done so to implement them;
38. Recommends
that the issue of universal ratification of the International Convention on the
Elimination of All Forms of Racial Discrimination as well as the reservations
thereto and the question of recognition of the competence of the Committee on
the Elimination of Racial Discrimination to receive individual complaints be
considered at the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance;
39. Calls
upon States parties that have not submitted initial or periodic reports in
accordance with article 9 of the Convention to do so;
40. Urges
States to limit the extent of any reservations they lodge to
the International Convention on the Elimination of All Forms of Racial
Discrimination and to formulate any reservation as precisely and as narrowly as
possible, while ensuring that no reservation is incompatible with the object
and purpose of the Convention or otherwise contrary to international law;
41. Calls
upon States parties to the Convention, as appropriate, to adopt immediately
positive measures aimed at the elimination of all forms of racial
discrimination, xenophobia and related intolerance;
42. Requests
the States parties to the Convention that have not yet done so to consider the
possibility of making the declaration provided for in article 14 of the
Convention;
43. Invites
the States parties to ratify the amendment to article 8 of the Convention
on the Financing of the Committee on the Elimination of Racial Discrimination;
V
World
Conference against Racism, Racial Discrimination,
Xenophobia
and Related Intolerance
44. Takes
note of the report of the United Nations High Commissioner for Human Rights
on racism, racial discrimination, xenophobia and all forms of discrimination
relating, in particular, to the objectives of the World Conference
(E/CN.4/1999/12);
45. Takes
note with satisfaction of the report of the sessional open_ended Working
Group (E/CN.4/1999/16 and Corr.1 and 2), which it established by its resolution
1998/26 to review and formulate proposals to be submitted to it for possible
forwarding to the first session of the Preparatory Committee of the World
Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance;
46. Decides
to submit this report to the first session of the Preparatory Committee of the
World Conference, bearing in mind that some of the provisions which it
contains might be amended or supplemented;
47. Also
decides, in accordance with General Assembly resolution 52/111,
which indicates that the Commission on Human Rights will act as the Preparatory
Committee:
(a) That
the sessions of the Preparatory Committee scheduled in 2000 and 2001 will be
headed by the same bureau composed of 10 members, i.e. 2 representatives
per regional group, in order to ensure continuity and the adequate
representation of all Member States of the United Nations;
(b) To
recommend to the General Assembly, through the Economic and Social Council,
that the World Conference and the sessions of the Preparatory Committee should
be open to participation by:
(i) All
States members of the United Nations and specialized agencies;
(ii) All
regional organizations and commissions involved in the preparation of regional
meetings;
(iii) Representatives
of organizations which have received from the General Assembly a standing
invitation to participate as observers;
(iv) Specialized
agencies, secretariats of the regional commissions and all United Nations
bodies and programmes;
(v) Representatives
of all United Nations mechanisms in the field of human rights;
(vi) Other
interested governmental organizations, which shall be represented by observers;
(vii) Interested
non_governmental organizations to be represented by observers in accordance
with Economic and Social Council resolution 1996/31 of 25 July 1996;
48. Recommends
to the General Assembly, through the Economic and Social Council, that, if
no offer is made to the High Commissioner for hosting the World Conference by
the end of the first session of the Preparatory Committee to be held in the
year 2000:
(a) That
the World Conference should be held in Geneva;
(b) That
the World Conference should be held in the year 2001, but after the session of
the Commission on Human Rights and before that of the General Assembly;
49. Requests
the High Commissioner:
(a) To
prepare, immediately following the fifty_fifth session of the Commission, the
questionnaires referred to in the report of the Working Group with a view, on
the one hand, to reviewing progress made in the fight against racism, racial
discrimination, xenophobia and related intolerance, particularly since the
adoption of the Universal Declaration of Human Rights, and, on the other, to
reappraise the obstacles to further progress in the field and ways to overcome
them, and to send them as soon as possible to States, specialized agencies,
international governmental and non_governmental organizations and national
institutions;
(b) To
review and analyse the replies and submit a report to the first session of the
Preparatory Committee six weeks before the beginning of its work;
(c) To
open an Internet site on the preparations for the World Conference in close
cooperation with the Department of Public Information;
50. Also
requests the High Commissioner, in her capacity as Secretary_General of the
World Conference, to prepare and carry out, in close cooperation with the
Department of Public Information, an effective world information campaign with
a view to mobilization and support for the objectives of the World Conference
by all sectors of political, economic, social and cultural life, as well as
other interested sectors;
51. Further
requests the High Commissioner to include, inter alia, in her
strategy for informing international public opinion and sensitizing it to the
objectives of the World Conference:
(a) The
appointment of renowned ambassadors from the entertainment, arts, culture,
sports and musical worlds and any other field who might mobilize the attention
of civil society;
(b) An
invitation to the sports world to cooperate actively as a partner in the World
Conference;
(c) Additional
private_sector funding through sponsoring;
(d) The
need to ensure full coverage of preparatory activities and the World
Conference by the media by making full use of the services of
United Nations Information Centres;
(e) Sending
all Governments, international governmental organizations, non_governmental
organizations and national institutions information handbooks and pamphlets
that can be made available to the public and the media, as well as to United
Nations Information Centres;
52. Urges
all States, United Nations bodies, international, regional and subregional
governmental organizations, non_governmental organizations and any interested
body to support the High Commissioner and the Department of Public Information
and give them full and complete cooperation for the coordination of information
activities;
53. Requests
the High Commissioner to set up a voluntary fund designed specifically to cover
all aspects of the preparatory process for the World Conference and the
participation of non_governmental organizations, especially from developing
countries, and requests all Governments, international organizations, non_governmental
organizations and private individuals to contribute to this Fund;
54. Also
requests the High Commissioner to undertake appropriate consultations with
non_governmental organizations on the possibility that they might hold a forum
before and partly during the World Conference and, insofar as possible, to
provide them with technical assistance for that purpose;
55. Calls
upon the High Commissioner to help States and regional organizations, on
request, to convene national and regional meetings or to undertake other
initiatives, including at the expert level, to prepare for the World
Conference, and also urges the specialized agencies and the United Nations
regional economic commissions, in coordination with the High Commissioner, to
contribute to the holding of regional preparatory meetings;
56. Requests
the Secretary_General, the United Nations specialized agencies and the regional
economic commissions to provide financial and technical assistance for the
organization of the regional preparatory meetings planned in the context of the
World Conference and stresses that such assistance should be supplemented by
voluntary contributions;
57. Recommends
that the regional preparatory processes should include the campaign for
information and sensitization of public opinion to the objectives of the World
Conference on their agenda;
58. Requests
the regional preparatory processes to identify trends, priorities and obstacles
at the national and regional levels, to formulate specific recommendations for
the action to be carried out in future to combat racism, racial discrimination,
xenophobia and related intolerance and to submit to the Preparatory Committee,
by its 2001 session at the latest, the conclusions of these regional
preparatory processes;
59. Calls
upon the regional preparatory meetings to present to the Preparatory
Committee, through the High Commissioner, reports on the results of their
deliberations, with concrete and pragmatic recommendations aimed at combating
racism, racial discrimination, xenophobia and related intolerance, which will
be duly reflected in the texts of the draft final documents of the World
Conference to be prepared by the Committee;
60. Invites
Governments to promote the participation of national institutions and local
non_governmental organizations in the preparations and in regional meetings and
to organize debates in national parliaments on the objectives of the World
Conference;
61. Invites
United Nations bodies and mechanisms dealing with the question of racism,
racial discrimination, xenophobia and related intolerance, the Committee on the
Elimination of Racial Discrimination, the Sub_Commission on Prevention of
Discrimination and Protection of Minorities and the Special Rapporteurs
concerned to participate actively in the preparatory process with a view to
ensuring the success of the World Conference and to coordinate their activities
in this regard with the assistance of the High Commissioner;
62. Requests
the Sub_Commission to undertake a study on ways of making United Nations
activities and mechanisms in the context of programmes aimed at combating
racism, racial discrimination, xenophobia and related intolerance more
effective;
63. Requests
the High Commissioner:
(a) To
undertake a study to be submitted to the first session of the Preparatory
Committee on ways of improving coordination between the Office of the United
Nations High Commissioner for Human Rights and all specialized agencies and
international, regional and subregional organizations in the field of action to
combat racism, racial discrimination, xenophobia and related intolerance;
(b) To
help the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance to carry out a study on
preventive measures relating to ethnic, racial, religious and xenophobically
motivated conflicts and to formulate recommendations intended for the first
session of the Preparatory Committee;
(c) To
invite the Special Rapporteur on religious intolerance to participate actively
in the preparatory process and in the World Conference by initiating studies on
action to combat incitement to hatred and religious intolerance;
64. Takes
note of decision 9 (53) of the Committee on the Elimination of Racial
Discrimination of 21 August 1998 containing preliminary ideas on the World
Conference and of the six studies submitted to the Working Group set up to
formulate recommendations for the first session of the Preparatory Committee
(E/CN.4/1999/WG.1/BP.6 to BP.11);
65. Requests
the High Commissioner:
(a) To
review progress made in the fight against racism, racial discrimination,
xenophobia and related intolerance, in particular since the adoption of the
Universal Declaration of Human Rights, and to reappraise the obstacles to
further progress in the field and ways to overcome them with a view to
submitting her conclusions to the Preparatory Committee;
(b) To
organize an international seminar of experts on the remedies available to the
victims of acts of racism, racial discrimination, xenophobia and related
intolerance and on good national practices in this field, which will be
financed by voluntary contributions, to encourage other activities,
particularly seminars forming part of the preparations for the World
Conference, and to submit the recommendations of these seminars to the
Preparatory Committee;
66. Recommends
that the World Conference should adopt a declaration and a programme of action
to combat racism, racial discrimination, xenophobia and related intolerance;
67. Stresses
the importance of systematically adopting a gender_based approach throughout
the preparations for and in the outcome of the World Conference;
68. Recommends
that the particular situation of children should receive special attention
during the preparations for and during the World Conference itself, especially
in its outcome;
69. Requests
the High Commissioner to draw up a draft agenda for the first session of the
Preparatory Committee;
70. Requests
the Secretary_General to submit a report to the Commission at its fifty_sixth
session on the implementation of the present resolution under the agenda item
entitled “Racism, racial discrimination, xenophobia and all forms of
discrimination”;
71. Decides
to continue its consideration of this question at its
fifty_sixth session under the same agenda item.
59th
meeting
28
April 1999
[Adopted
without a vote. See chap. VI.]
1999/79. The right to development
The Commission on Human Rights,
Guided by the Charter of the United
Nations, expressing in particular the determination to promote social progress
and better standards of life in larger freedom as well as to employ
international mechanisms for the promotion of the economic and social
advancement of all peoples,
Recalling that the
Declaration on the Right to Development adopted by the General Assembly in its
resolution 41/128 of 4 December 1986 confirmed
that the right to development is an inalienable human right and that
equality of opportunity for development is a prerogative both of nations and of
individuals, who make up nations,
Noting that the World Conference on
Human Rights reaffirmed the right to development as a universal and inalienable
right and an integral part of all fundamental human rights,
Recognizing that the
Declaration on the Right to Development constitutes an integral link between
the Universal Declaration of Human Rights and the Vienna Declaration and
Programme of Action (A/CONF.157/23) through its elaboration of a holistic
vision integrating economic, social and cultural rights with civil and
political rights,
Expressing its concern, on the
occasion of the fiftieth anniversary of the Universal Declaration of Human
Rights, that the unacceptable situation of absolute poverty, hunger, disease,
lack of adequate shelter, illiteracy and hopelessness remains the lot of over
1 billion people,
Emphasizing that the
promotion, protection and realization of the right to development are an
integral part of the promotion and protection of all human rights,
Noting that the human person is the
central subject of development and that development policy should therefore
make the human being the main participant and beneficiary of development,
Stressing the
importance of creating an economic, political, social, cultural and legal
environment that will enable people to achieve social development,
Affirming the need to
apply a gender perspective in the implementation of the right to development, inter
alia by ensuring that women play an active role in the development process,
Emphasizing that the
empowerment of women and their full participation on a basis of equality in all
spheres of society is fundamental for development,
Underlining the fact
that realization of the right to development requires effective development
policies at the national level, as well as equitable economic relations and a
favourable economic environment at the international level,
Welcoming in this
regard the adoption by the General Assembly of the Agenda for Development,
annexed to its resolution 51/240 of 20 June 1997, which declares that
development is one of the main priorities of the United Nations and which
aims at invigorating a renewed and strengthened partnership for development,
based on the imperatives of mutual benefits and genuine interdependence,
Noting with concern that the
Declaration on the Right to Development is insufficiently disseminated and
should be taken into account, as appropriate, in bilateral and multilateral
cooperation programmes, national development strategies and policies, and
activities of international organizations,
Recalling the need for
coordination and cooperation throughout the
United Nations system for a more effective promotion and
realization of the right to development,
Underlining the
important role of the United Nations High Commissioner for Human Rights in the
promotion and protection of the right to development, as mandated in paragraph
4 (c) of General Assembly resolution 48/141 of 20 December 1993,
Recalling its resolution
1998/72 of 22 April 1998 and noting General Assembly resolution 53/155 of
9 December 1998,
Taking note with interest of
the report of the Intergovernmental Group of Experts (E/CN.4/1998/29),
including the proposed strategy contained therein, and welcoming in particular
the recommendation that a follow_up mechanism be established to ensure
promotion and implementation of the Declaration on the Right to Development,
1. Reaffirms
the importance of the right to development for every human person and all
peoples in all countries, in particular the developing countries, as an
integral part of their fundamental human rights as well as the potential
contribution its realization could make to the full enjoyment of human rights
and fundamental freedoms;
2. Recognizes
that the fiftieth anniversary of the Universal Declaration of Human Rights
provides an important opportunity to place all human rights _ and, in this
context, the right to development in particular _ at the top of the global
agenda;
3. Reiterates
that:
(a) The
essence of the right to development is the principle that the human person is
the central subject of development and that the right to life includes within
it existence in human dignity with the minimum necessities of life;
(b) The
existence of widespread absolute poverty inhibits the full and effective
enjoyment of human rights and renders democracy and popular participation
fragile;
(c) For
peace and stability to endure, national action and international action and
cooperation are required to promote a better life for all in larger freedom, a
critical element of which is the eradication of poverty;
4. Reaffirms
that democracy, development and respect for human rights and fundamental
freedoms, including the right to development, are interdependent and mutually
reinforcing, and in this context affirms that:
(a) Development
experiences of countries reflect differences with regard to both progress and
setbacks, and that the development spectrum has a wide range, not only between
countries but also within countries;
(b) A
number of developing countries have experienced rapid economic growth in the
recent past and have become dynamic partners in the international economy;
(c) At the
same time, the gap between developed and developing countries remains
unacceptably wide and developing countries continue to face difficulties in
participating in the globalization process, and many risk being marginalized
and effectively excluded from its benefits;
(d) Democracy,
which is spreading everywhere, has raised development expectations everywhere,
that their non_fulfilment risks rekindling non_democratic forces, and that
structural reforms that do not take social realities into account could
destabilize democratization processes;
(e) Effective
popular participation is an essential component of successful and lasting
development;
(f) Democracy,
respect for all human rights and fundamental freedoms, including the right to
development, transparent and accountable governance and administration in all
sectors of society, and effective participation by civil society are an
essential part of the necessary foundations for the realization of social- and
people-centred sustainable development;
(g) The
participation of developing countries in the international economic
decision-making process needs to be broadened and strengthened;
5. Urges
all States to eliminate all obstacles to development at all levels, by pursuing
the promotion and protection of economic, social, cultural, civil and political
rights and by implementing comprehensive development programmes at the national
level, integrating these rights into development activities, and by promoting
effective international cooperation;
6. Reaffirms
that all human rights are universal, indivisible, interdependent and
interrelated and that the universality, objectivity, impartiality and
non-selectivity of the consideration of human rights issues must be ensured;
7. Affirms
that international cooperation is acknowledged more than ever as a necessity
deriving from recognized mutual interest, and therefore that such cooperation
should be strengthened in order to support the efforts of developing countries
to solve their social and economic problems and to fulfil their obligations to
promote and protect all human rights;
8. Welcomes
the intention of the Secretary_General to give high priority to the right to
development and urges all States to promote further the right to development as
a vital element in a balanced human rights programme;
9. Also
welcomes the high priority assigned by the High Commissioner to activities
relating to the right to development, and urges the Office of the High
Commissioner to continue implementing Commission resolution 1998/72;
10. Further
welcomes the decision by the Economic and Social Council to authorize the establishment by the
Commission of a follow-up mechanism, consisting of an open-ended working group
and an independent expert with a mandate to present to the working group at
each of its sessions a study on the current state of progress in the
implementation of the right to development, as provided in Commission
resolution 1998/72;
11. Invites
the High Commissioner to present a report to the Commission each year for the
duration of the mechanism, to provide interim reports to the working group and
to make those reports available to the independent expert, in each case
covering:
(a) The
activities of her Office relating to the implementation of the right to
development as contained in her mandate;
(b) The
implementation of resolutions of the Commission and the General Assembly with
regard to the right to development;
(c) Inter-agency
coordination within the United Nations system for the implementation of
relevant resolutions of the Commission in that regard;
12. Requests
the Secretary_General to submit to the General Assembly at
its fifty-fourth session and to the Commission at its
fifty_sixth session a comprehensive report on the implementation of the
various provisions of the present resolution;
13. Urges
the United Nations system to continue to support the implementation of the
recent resolutions of the Commission on Human Rights regarding the right to
development;
14. Calls
upon the Secretary-General to ensure that the working group and the
independent expert receive all necessary assistance, in particular the staff
and resources required to fulfil their mandates;
15. Decides
to call upon the working group to take note of the deliberations on the right
to development during the fifty-fifth session
of the Commission.
59th
meeting
28
April 1999
[Adopted
without a vote. See chap. VII.]
1999/80. Rights of the child
The Commission on Human Rights,
Bearing in mind the
Convention on the Rights of the Child,
Reaffirming its
resolution 1998/76 of 22 April 1998 and General Assembly resolutions 53/128,
53/127, 53/117, 53/111, 53/116 and 53/122, of 9 December 1998, as
well as all previous resolutions on this subject,
Reaffirming the
Declaration and Plan of Action adopted by the World Summit for Children in 1990
(A/45/625, annex) and the Vienna Declaration and Programme of Action adopted by
the World Conference on Human Rights in June 1993 (A/CONF.157/23), which, inter
alia, states that national and international mechanisms and programmes for
the safeguard and protection of children, in particular those in especially
difficult circumstances, should be strengthened, including through effective
measures to combat exploitation and abuse of children, female infanticide,
harmful child labour, sale of children and organs, child prostitution and child
pornography, as well as other forms of sexual abuse, and which reaffirms that
all human rights and fundamental freedoms are universal,
Profoundly concerned that the
situation of children in many parts of the world remains critical as a result
of poverty, inadequate social and economic conditions aggravated by the current
international financial crisis in an increasingly globalized world economy,
pandemics, natural disasters, armed conflicts, displacement, exploitation,
illiteracy, hunger, intolerance, disability and inadequate legal protection,
and convinced that urgent and effective national and international action is
called for,
Alarmed by the reality of daily
violations of children’s rights, including the right to life, to physical
security and to freedom from arbitrary detention, torture and any form of
exploitation, as laid out in relevant international instruments,
Calling for the further mainstreaming
of a gender perspective in all policies and programmes relating to children,
Recognizing that the
adoption of legislation is necessary but not enough to prevent violations of
the rights of the child, that stronger political commitment is needed and that
Governments should implement their laws and complement legislative measures
with effective action,
Recommending that, within
their mandates, all relevant human rights mechanisms, in particular special
rapporteurs and working groups, and all other relevant organs and mechanisms of
the United Nations system and the specialized agencies regularly and
systematically take a child's rights perspective into account in the implementation
of their mandates, especially by paying attention to particular situations in
which children are in danger and where their rights are violated, and that they
take into account the work of the Committee on the Rights of the Child,
Welcoming the
rights-based approach adopted by the United Nations Children's Fund and the
steps taken to further increase system-wide coordination and cooperation for
the promotion and protection of the rights of the child,
Also welcoming the fact
that, guided by the principles and provisions of the Convention on the Rights
of the Child, the special situation of children has been taken into account in
the outcome of the United Nations Diplomatic Conference of Plenipotentiaries on
the Establishment of an International Criminal Court (A/CONF.183/9),
Recalling the open
debates of the Security Council in which the issue of children in armed
conflict has been taken up,
Welcoming the special
dialogue on the rights of the child held during the fifty_fifth session of the
Commission, which in this instance focused on the marginalization and exclusion
of children, and encouraging further contributions to the ongoing discussions
within the United Nations on the rights of the child, particularly to
commemorate the tenth anniversary of the Convention,
Recommending that all
relevant organs and mechanisms of the United Nations system take active
part in the follow-up to the World Summit for Children and promote the
preparatory work for the special session of the General Assembly to be held in
the year 2001,
I
Implementation
of the Convention on the Rights of the Child
1. Welcomes:
(a) The
unprecedented number of 191 States that have ratified or acceded to the
Convention on the Rights of the Child as a universal commitment to the rights
of the child and urges once again those States that have not yet done so to
sign and ratify or accede to the Convention as a matter of priority, having in
mind the tenth anniversaries, in the year 2000, of the World Summit for
Children and the entry into force of the Convention;
(b) The
role of the Committee on the Rights of the Child in examining the progress made
by States parties in implementing the obligations undertaken in the Convention
and in providing recommendations to States parties on its implementation and,
in cooperation with the Office of the United Nations High Commissioner for
Human Rights, in creating awareness of the principles and provisions of the
Convention, and takes note of the reports of the Committee on its twelfth to
seventeenth sessions (A/53/41) and eighteenth and nineteenth sessions
(CRC/C/79 and CRC/C/80, respectively);
(c) The
positive results of the cooperation between the Committee on the Rights of the
Child and the United Nations Children's Fund, as well as specialized agencies
and other relevant actors, supports the rights-based approach adopted by the
Children's Fund, and encourages its further development;
(d) The
increasing contribution of non-governmental organizations, inter alia
through providing information to the Committee and States parties, when the
latter are preparing their reports to the Committee, and through contributing,
where they can, in the implementation of the Committee’s recommendations for
the effective implementation of the Convention;
(e) The
decision adopted by the Committee to organize, with the Office of the High
Commissioner and the United Nations Children’s Fund, a two_day workshop during
its twenty_second session entitled “The Convention on the Rights of the
Child: A Decade of Achievements and
Challenges”;
(f) The
invitation by the General Assembly to the Committee to enhance further the
constructive dialogue with the States parties and the transparent and effective
functioning of the Committee;
2. Calls
upon States parties:
(a) To
implement the Convention fully and to ensure that the rights set forth in the
Convention are respected without discrimination of any kind, that the best
interests of the child are a primary consideration in all actions concerning
children, and that children are able to express their opinions on matters
affecting them and that these opinions are listened to and given due weight;
(b) To
ensure adequate and systematic training for professional groups working with
and for children, inter alia, specialized judges, law enforcement
officials, lawyers, social workers, medical doctors and teachers, and
coordination between various governmental bodies involved in children's rights;
(c) To
intensify efforts to ensure the registration of all children immediately after
birth and strengthen efforts to improve national systems for the collection of
comprehensive and disaggregated data, including gender_specific data, for all
areas covered by the Convention on the Rights of the Child;
(d) To
cooperate closely with the Committee on the Rights of the Child and to comply
in a timely manner with their reporting obligations under the Convention, in
accordance with the guidelines elaborated by the Committee, as well as to take
into account the recommendations made by the Committee in the implementation of
the provisions of the Convention;
(e) To
withdraw reservations incompatible with the object and purpose of the
Convention and to consider reviewing other reservations with a view to
withdrawing them;
(f) To
accept the amendment to paragraph 2 of article 43 of the Convention, adopted by
the Conference of States Parties to the Convention on 12 December 1995 and
ratified by the General Assembly in resolution 50/155 of 21 December 1995,
which would increase the membership of the Committee on the Rights of the Child
from 10 to 18 experts and requests the Secretary_General to invite those States
parties that have not yet accepted the amendment to consider doing so;
(g) To
ensure when electing the members of the Committee on the Rights of the Child in
accordance with article 43 of the Convention that the members are of high
moral standing and recognized competence in the field covered by the
Convention, serving in their personal capacity, consideration being given to
equitable geographical distribution, as well as to the principal legal systems;
3. Decides,
with regard to the Committee on the Rights of the Child, to request the
Secretary-General to ensure the provision of appropriate staff and facilities
from the United Nations regular budget for the effective and expeditious
performance of the functions of the Committee, while noting the temporary
support given by the Plan of Action of the United Nations High Commissioner for
Human Rights to strengthen the implementation of the Convention on the Rights
of the Child;
II
Protection
and promotion of the rights of the girl child
4. Welcomes:
(a) General
Assembly resolution 52/100 of 12 December 1997 and 52/231 of 4 June 1998, in
which it decided that the high-level plenary review to appraise and assess the
progress achieved in the implementation of the Nairobi Forward-looking
Strategies for the Advancement of Women adopted in 1985 by the World Conference
to Review and Appraise the Achievements of the United Nations Decade for
Women: Equality, Development and Peace
(United Nations publication, Sales No. E.85.IV.10) (chap. I, sect. A) and the
implementation of the Beijing Declaration and Platform for Action of the Fourth
World Conference on Women (A/CONF.177/20, chap. I), should be held as a special
session of the General Assembly in the year 2000;
(b) All
relevant conclusions relating to the girl child adopted by the Commission on
the Status of Women, in particular at its forty_second session (see E/1998/27);
5. Reaffirms
the fundamental principle set forth in the Vienna Declaration and Programme of
Action (A/CONF.157/23) and in the Beijing Declaration and Platform for Action
that the human rights of women and girls are an inalienable, integral and
indivisible part of universal human rights;
6. Notes
resolution 1998/16 of 21 August 1998 on traditional practices
affecting the health of women and the girl child, adopted by the Sub‑Commission
on Prevention of Discrimination and Protection of Minorities;
7. Calls
upon all States:
(a) To
take all necessary measures and to institute legal reforms to ensure the full
and equal enjoyment by girls of all human rights and fundamental freedoms, and
to take effective action against violations of those rights and freedoms and to
base programmes and policies for the girl child on the rights of the child and
of women;
(b) And
international and non‑governmental organizations, individually and
collectively, to set goals and to develop and effectively implement
gender_sensitive strategies to address the rights and needs of children, in
accordance with the Convention on the Rights of the Child, especially the
rights and particular needs of girls in education, health and nutrition, and to
eliminate harmful traditional or customary attitudes and practices against
girls;
(c) To
eliminate all forms of discrimination against girls and the root causes of son
preference, which result in harmful and unethical practices, inter alia,
by enacting and enforcing legislation protecting girls from violence, including
female infanticide and prenatal sex selection, genital mutilation, incest,
rape, domestic violence, sexual abuse and exploitation, and by developing age‑appropriate,
safe and confidential programmes and medical, social and psychological support
services to assist girls who are subjected to violence;
(d) To
eradicate traditional or customary practices, particularly female genital mutilation,
that are harmful to or discriminatory against women and girls and that are
violations of human rights and fundamental freedoms of women and girls through
the development and implementation of legislation and policies prohibiting such
practices, the prosecution of perpetrators of such practices, and awareness‑raising
programmes, education and training, involving, among others, public opinion
leaders, educators, religious leaders, medical practitioners, women's health
and family planning organizations, the media, parents and young people, in
order to achieve the total elimination of these practices, and to support
women's organizations at the national and local levels that are working for the
elimination of female genital mutilation and other harmful traditional or
customary practices violating the human rights of women and girls;
8. Decides
to approve the recommendation of the Sub‑Commission, contained in its
resolution 1998/16, that the mandate of Ms. Halima Embarek Warzazi as
Special Rapporteur on traditional practices affecting the health of women and
the girl child be extended to ensure the completion of her task as called for
in Sub‑Commission resolution 1996/19 of 29 August 1996 and
urges the Office of the United Nations High Commissioner for Human Rights
to provide administrative assistance to the Special Rapporteur to enable her to
proceed with her work.
III
Prevention
and eradication of the sale of children
and of their
sexual exploitation and abuse,
including
child prostitution and child pornography
9. Welcomes:
(a) The
report of the Special Rapporteur on the sale of children, child prostitution
and child pornography (E/CN.4/1999/71), which focuses this year on the issues
of sale and trafficking of children;
(b) The
report of the Working Group on the elaboration of a draft optional protocol to
the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography on its fifth session (E/CN.4/1999/74);
(c) The
United Nations Educational, Scientific and Cultural Organization expert meeting, held in Paris on 18 and 19
January 1999, entitled “Sexual Abuse of Children, Child Pornography and
Paedophilia on the Internet: An
International Challenge” and its declaration and action plan, and encourages
follow_up in cooperation with the Special Rapporteur;
10. Reaffirms
the obligation of States parties to prevent the abduction of, the sale of or
traffic in children for any purpose or in any form and to protect the child
from all forms of sexual exploitation or abuse, in accordance with
articles 35 and 34 of the Convention on the Rights of the Child;
11. Calls
upon all States:
(a) To
take all appropriate national, bilateral and multilateral measures to prevent
the abduction of, the sale of, or traffic in children for any purpose or in any
form, and any form of sexual exploitation or abuse of children, including
within the family, or for commercial purposes, child pornography and child
prostitution, and through child sex tourism, taking into account the particular
problems posed by the use of the Internet in this regard, and to protect
children from these practices, while ensuring that the child victims are not
penalized for such practices, in accordance with the provisions of the Convention
on the Rights of the Child and taking into account the concrete measures
outlined in the Vienna Declaration and Programme of Action and in the
Programmes of Action adopted by the Commission in 1992, 1993 and 1996;
(b) And,
in this regard, to enact, review and revise, where appropriate, relevant laws,
policies, programmes and practices;
(c) And,
in this context, to consider the positive input by other international
initiatives outside the United Nations system and to encourage regional and
interregional efforts with the objective of identifying best practices and
issues requiring particularly urgent action, such as the Declaration and Agenda
for Action of the World Congress against Commercial Sexual Exploitation of
Children, held in Stockholm in August 1996 (A/51/385, annex), and its
follow‑up, inter alia the Child Welfare Experts' Meeting of the
Asia_Europe Meeting, held in London from 6 to 8 October 1998;
(d) And relevant United Nations bodies and
agencies to allocate appropriate resources for comprehensive and gender‑sensitive
programmes to rehabilitate physically and psychologically child victims of
sale, trafficking, abduction and of any form of sexual exploitation and abuse,
and to take all appropriate measures to promote their full recovery and social
reintegration;
(e) To
criminalize effectively and to ensure the prosecution of offenders, whether
local or foreign, by the competent national authorities, either in the
offender's country of origin or in the destination country, in accordance with
due process of law;
(f) To
increase cooperation and concerted action, at the national and international
levels, by all relevant authorities and institutions, especially the law
enforcement authorities, to combat effectively the existence of a market that
encourages such criminal practices against children and to dismantle national
and international networks trafficking in children, and encourages all actors
of civil society and the media to cooperate in efforts to eradicate this phenomenon;
(g) To
cooperate closely with and assist the Special Rapporteur on the sale of
children, child prostitution and child pornography and to furnish all
information requested, including by inviting her to visit their countries;
12. Encourages
Governments to consult and facilitate the active participation of children who
have been victims of sexual exploitation or abuse in the development and
implementation of strategies to protect children from all forms of sexual
exploitation and abuse;
13. Decides:
(a) To
request the Secretary‑General to provide the Special Rapporteur with all
necessary human and financial assistance, to urge all relevant parts of the
United Nations system to cooperate closely with the Special Rapporteur in
order to make the full discharge of her mandate possible and to enable her to
submit an interim report to the General Assembly at its fifty_fourth session
and a report to the Commission at its fifty_sixth session;
(b) With
regard to the question of a draft optional protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child
pornography:
(i) To
invite the Chairperson of the Working Group to conduct broad informal
consultations, with the aim of promoting an early agreement on the optional
protocol, and, if possible, to produce a report thereon by the end of 1999,
including recommendations on how to finalize the formal negotiations;
(ii) To
request the Working Group to meet early in 2000 in order to make further
progress with the aim of finalizing its work before the tenth anniversary of
the entry into force of the Convention, and to report to the Commission at its
fifty_sixth session;
(iii) To
request the Secretary_General to give the necessary support to the Working
Group to meet for a maximum of two weeks, and to transmit the report of the
Working Group to Governments, relevant United Nations bodies and specialized
agencies, the Committee on the Rights of the Child, the relevant Special
Rapporteur and intergovernmental and non‑governmental organizations, and
to invite their comments in time for circulation prior to the next session of
the Working Group, and invites the Committee on the Rights of the Child to
consider being represented and the Special Rapporteur to consider being present
at the next session of the Working Group;
IV
Protection
of children affected by armed conflict
14. Welcomes:
(a) The
report of the Special Representative of the Secretary‑General on the
question of the impact of armed conflict on children to the
General Assembly (A/53/482, annex) and his oral report to the Commission
at its fifty_fifth session, while noting that he has not presented an updated
written report as requested by the General Assembly in its resolution 51/77
of 12 December 1996, and expresses its support for his work for children
affected by armed conflict, in particular to raise worldwide awareness and to
mobilize official and public opinion for the protection of children affected by
armed conflict, including through field visits, in order to promote respect for
children's rights and needs in conflict and post_conflict situations;
(b) The
actions undertaken, within the scope of their mandates by, inter alia,
the United Nations Children's Fund, the Office of the United Nations High
Commissioner for Refugees and the Office of the United Nations High
Commissioner for Human Rights, to ensure the promotion and protection of the
rights of children affected by armed conflict, including through their advocacy
and operational activities;
(c) The
report of the Working Group on a draft optional protocol to the Convention on
the Rights of the Child on the involvement of children in armed conflicts on
its fifth session (E/CN.4/1999/73);
(d) The
ongoing efforts by, inter alia, regional organizations,
intergovernmental organizations and non‑governmental organizations, to
bring to an end the use of children as soldiers in armed conflicts, and hopes
that these efforts will help in creating a greater awareness on this issue and
in reaching a consensus in raising the standards contained in article 38 of the
Convention on the Rights of the Child;
(e) The
contribution of the United Nations Diplomatic Conference of Plenipotentiaries
on the Establishment of an International Criminal Court and recalls in
particular the relevant qualification in the Rome Statute of the International
Criminal Court of the conscription, enlistment or use for active participation
in hostilities of child soldiers as a war crime, which will contribute to
making it possible to end impunity for the perpetrators of such crimes;
(f) The
increased international efforts in various forums with respect to anti‑personnel
mines, recognizes the positive effects on children of those efforts and, in
this regard, takes due note of the entry into force on 1 March 1999
of the Convention on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti_personnel Mines and on Their Destruction, and its
implementation by those States that become parties to it, and the entry into
force on 3 December 1998 of the amended Protocol on Prohibitions or
Restrictions on the Use of Mines, Booby Traps and Other Devices (Protocol II)
(CCW/CONF.I/16, Part I, annex B) of the Convention on Prohibitions or
Restrictions on the Use of Certain Conventional Weapons which May Be Deemed to
Be Excessively Injurious or to Have Indiscriminate Effects, and its
implementation by those States that become parties to it;
15. Reaffirms:
(a) That
the rights of the child as laid out in international human rights instruments
and international humanitarian law are at their most pertinent in time of armed
conflict, expresses grave concern at the numerous damaging effects of armed
conflicts on children and emphasizes the need for the world community to focus
increased attention on this serious problem with a view to alleviating those
effects;
(b) That
rape and certain other forms of sexual violence of comparable gravity can, in the
conduct of armed conflict, constitute a war crime, and under certain defined
circumstances such acts can constitute crimes against humanity, as clarified in
the relevant provisions of, inter alia, the Rome Statute of the
International Criminal Court; in addition under certain circumstances such acts
can contribute to the crime of genocide, as defined in the Convention on the
Prevention and Punishment of the Crime of Genocide, and calls upon all States
to take all measures required for the protection of children and women from all
acts of gender_based violence, including rape and other forms of sexual
violence, sexual exploitation and forced pregnancy, and to strengthen
mechanisms to investigate and punish all those responsible and bring the
perpetrators to justice;
(c) The
condemnation of the abduction of children in situations of armed conflict and
into armed conflicts, and urges States, international organizations and other
concerned parties to take all appropriate measures to secure the unconditional release
of all abducted children;
(d) That
all humanitarian responses in situations of armed conflict should emphasize the
importance of relevant measures to ensure respect for the rights of the child,
including physical and psychological recovery and social reintegration,
especially the special reproductive health needs of girls and women, including
those that arise from pregnancy as a result of rape, sexual mutilation,
childbirth at an early age or infection with sexually transmitted diseases, as
well as human immunodeficiency virus/acquired immune deficiency syndrome
(HIV/AIDS), and access to family planning services;
(e) The
importance of preventive measures such as early_warning systems, preventive
diplomacy and education for peace to prevent conflicts and their negative
impact on the enjoyment of the rights of the child, and urges Governments and
the international community to promote sustainable human development;
(f) Its
support for the recommendations of the General Assembly and the International Conference
of the Red Cross and Red Crescent, that whenever sanctions are imposed in the
context of armed conflict, their impact on
children be assessed and monitored and, to the extent
there are humanitarian exceptions, they be child_focused and formulated with
clear guidelines for their application;
(g) The
urgent need to raise the current minimum age limit set by article 38 of
the Convention on the Rights of the Child on the recruitment and participation
of any person in armed conflicts with the aim of reaching a higher standard of
protection of children and of coming to an early conclusion of the work of the
Working Group on a draft optional protocol to the Convention on the involvement
of children in armed conflict, especially in view of the tenth anniversary of
the entry into force of the Convention;
16. Calls
upon all States:
(a) And
other parties to armed conflict to respect fully international humanitarian law
and, in this regard, calls upon States parties to respect fully the provisions
of the Geneva Conventions of 12 August 1949 and the Additional Protocols
thereto of 1977, while bearing in mind resolution 2 of the twenty_sixth
International Conference of the Red Cross and Red Crescent of 1995
entitled “Protection of the civil population in period of armed conflict”, and
to respect the provisions of the Convention on the Rights of the Child which
accord children affected by armed conflict special protection and treatment;
(b) And
other parties to armed conflict to end the use of children as soldiers and
ensure their demobilization, and to implement effective measures for the
rehabilitation and reintegration into society of child soldiers and combatants,
child victims in cases of armed conflict or foreign occupation, and invites the
international community to assist in this endeavour;
(c) And
other parties concerned to continue to cooperate with the Special Representative
of the Secretary-General, to implement the commitments they have undertaken,
and to consider carefully all the recommendations of the Special Representative
and to address the issues identified;
(d) In
accordance with the norms, rules and provisions of international human rights
instruments and international humanitarian law, to integrate in the training
and gender-sensitized education programmes of their armed forces and civilian
police, including those for peacekeeping, instruction on their responsibilities
towards the civilian population, particularly women and children, and training
to address the particular needs of children in armed conflict;
(e) To
address the impact on children of the use of weapons in situations of armed
conflict and to address the problem of the impact of small arms and light
weapons on children in armed conflict situations, in particular as a result of
their illicit production and traffic;
(f) And
relevant United Nations bodies to continue to support national and international
mine action efforts, including by continuing to contribute to the United
Nations Voluntary Trust Fund for Assistance in Mine Clearance, and to take
further action to promote gender_ and age_appropriate mine_awareness
programmes, victim assistance and child_centred rehabilitation, thereby
reducing the number and the plight of child victims;
17. Decides,
with regard to the draft optional protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflicts:
(a) To
invite the Chairperson of the Working Group to continue broad informal
consultations, with the aim of promoting an early agreement on the optional
protocol, and, if possible, to produce a report thereon by the end
of 1999, including recommendations on how to finalize the formal
negotiations;
(b) To
request the Working Group to meet early in 2000 in order to make further
progress with the aim of finalizing its work before the tenth anniversary of
the entry into force of the Convention, and to report to the Commission at its
fifty_sixth session;
(c) To
request the Secretary_General to give the necessary support to the Working
Group to meet for a maximum of two weeks, and to transmit the report of the
Working Group to Governments, relevant United Nations bodies and
specialized agencies, the Committee on the Rights of the Child, the Special
Representative on the question of the impact of armed conflict on children, and
intergovernmental and non_governmental organizations, and to invite their
comments in time for circulation prior to the next session of the Working
Group, and invites the Committee on the Rights of the Child, the International
Committee of the Red Cross and the International Federation of Red Cross and
Red Crescent Societies to consider being represented and the Special
Representative to consider being present at the next session of the Working
Group;
18. Decides,
with regard to the Special Representative of the Secretary_General on the
question of the impact of armed conflict on children:
(a) To
recommend that the Special Representative and the relevant parts of the United
Nations system continue to develop a concerted approach on the rights,
protection and welfare of children affected by armed conflict, and to increase
cooperation among their respective mandates and with national and international
non_governmental organizations including, as appropriate, in the planning of
field visits and follow_up to the recommendations of the Special
Representative;
(b) To
request the Secretary_General to ensure that the necessary support is made
available expeditiously to the Special Representative for the effective
performance of his mandate, and encourages the United Nations system,
including the United Nations Children's Fund, the Office of the
United Nations High Commissioner for Refugees and the Office of the High
Commissioner for Human Rights, to continue to provide support to the Special
Representative, including with regard to his field visits, and calls upon States
and other institutions to continue to provide voluntary contributions to the
Special Representative;
19. Decides,
with regard to preventive measures, to request the Secretary_General, in
cooperation with States, international organizations and relevant
non_governmental organizations, to continue to encourage regional training
programmes for members of the armed forces relating to the protection of
children and women during armed conflicts;
V
Protection
of refugee and internally displaced children
20. Welcomes:
(a) The
development of field activities at an operational level initiated by the United
Nations High Commissioner for Refugees in cooperation with relevant
partners, in particular the training and capacity_building initiative “Action
for the Rights of Children”;
(b) The
report of the Representative of the Secretary_General on internally displaced
persons (E/CN.4/1999/79 and Add.1_2) and notes the comments received on the
Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2, annex),
invites the Representative to continue to pay specific attention to the special
needs of children and calls upon all States to cooperate with and assist the
Representative;
21. Calls
upon all States:
(a) And
other parties to armed conflicts to bear in mind that refugee and internally
displaced children are particularly exposed to risks in connection with armed
conflicts, such as being forcibly recruited or subjected to sexual violence,
abuse or exploitation, and stresses the special vulnerability of unaccompanied
refugee and internally displaced children, and calls upon Governments and
United Nations bodies and organizations to give those situations urgent
attention, enhancing protection and assistance mechanisms;
(b) To increase
protection of refugee and internally displaced children, including through
policies for their care, well_being and development, in such areas as health,
education and psychosocial rehabilitation, with the necessary international
cooperation, in particular with the Office of the United Nations High
Commissioner for Refugees, the United Nations Children's Fund, the
Representative of the Secretary_General on internally displaced persons and the
International Committee of the Red Cross and the International Federation of
Red Cross and Red Crescent Societies, in accordance with their obligations
under the Convention on the Rights of the Child;
(c) And
United Nations bodies and agencies, in coordination with other international
humanitarian organizations such as the International Committee of the Red
Cross, to ensure the early identification and registration of unaccompanied
refugee and internally displaced children, to give priority to programmes for
family tracing and reunification, and to pay particular attention to the
special protection needs of children with a view to developing programmes for
voluntary repatriation, local integration and resettlement;
VI
Progressive
elimination of child labour
22. Reaffirms:
(a) The
right of the child to be protected from economic exploitation and from
performing any work that is likely to be hazardous or to interfere with the
child's education, or to be harmful to the child's health or physical, mental,
spiritual, moral or social development, in accordance with obligations under
the Convention on the Rights of the Child;
(b) The
aim of effective abolition of child labour contrary to accepted international
standards, giving priority to immediate and concrete action for the elimination
of the worst forms of child labour and to the rehabilitation and social
reintegration of the children concerned, as well as to the search for
alternatives to child labour and for a better socio_economic environment to
prevent child labour;
23. Welcomes
the legislative, administrative, social and educational measures taken by
Governments aimed at the effective abolition of child labour, taking into
account the relevant provisions of the Convention on the Rights of the Child
and of the international instruments of the International Labour Organization,
as well as the measures outlined in the Programme of Action for the Elimination
of the Exploitation of Child Labour of 1993 and the Copenhagen Declaration on
Social Development and the Programme of Action adopted by the World Summit for
Social Development in 1995, and, in the same context, calls upon relevant
United Nations agencies and bodies, in particular the International Labour
Organization and the United Nations Children's Fund, to continue to support
those national efforts, and takes note with appreciation of the adoption by the
International Labour Conference at its eighty_sixth session, on
18 June 1998, of the ILO Declaration on Fundamental Principles and
Rights at Work and its Follow_up;
24. Calls
upon all States:
(a) That
have not yet done so to consider ratifying the conventions of the
International Labour Organization relating to child labour, in particular the
Forced Labour Convention, 1930 (Convention No. 29) and the Minimum Age for
Admission to Employment Convention, 1973 (Convention No. 138);
(b) To
translate into concrete action their commitment to the progressive and
effective elimination of child labour contrary to accepted international
standards, and urges them, as a matter of priority, to eliminate the worst
forms of child labour, such as forced labour, bonded labour and other forms of
slavery;
(c) To
support the International Labour Organization in developing an effective and
promotional follow_up to the ILO Declaration on Fundamental Principles and
Rights at Work to address the problem of child labour and to support
constructively, in close cooperation with workers' and employers'
representatives, a prompt and successful conclusion of the negotiations at the
International Labour Organization of a convention and recommendation on the
elimination of the worst forms of child labour;
(d) Systematically
to assess and examine, in close cooperation with international organizations
such as the International Labour Organization and the United Nations Children's
Fund and workers' and employers' organizations, the magnitude, nature and
causes of child labour, with a view to a consolidated worldwide assessment of
child labour, and to develop and implement strategies for the elimination of
child labour contrary to accepted international standards, giving special
attention to specific dangers faced by girls;
(e) To
examine and devise economic policies, where necessary, in cooperation with the
international community, that address factors contributing to child labour;
(f) To
promote education as a key strategy to prevent child labour, including the
creation of vocational training opportunities and apprenticeship programmes and
integrating working children into the formal education system;
(g) To
strengthen international cooperation and coordination, inter alia,
through the United Nations programme of advisory services in the field of human
rights, the International Programme on the Elimination of Child Labour of the
International Labour Organization and activities of the United Nations
Children's Fund, and calls upon the International Labour Organization to assist
its members, upon request, in order to attain the objective of effective
abolition of child labour, by making full use of its constitutional,
operational and budgetary resources;
(h) To
strengthen partnerships at the national level with workers' and employers'
organizations, as well as with other relevant sectors of civil society,
including media and non_governmental organizations, as appropriate, to address
the problem of child labour;
VII
Protection
of children working and/or living on the street
25. Calls
upon all States:
(a) To
seek comprehensive solutions to the problems causing children to work and/or to
live on the street, and to adopt appropriate programmes and policies for the
protection and the rehabilitation and reintegration of these children, taking
into account that such children are particularly vulnerable to all forms of
violence, abuse, exploitation and neglect;
(b) To
ensure that services are provided for children to divert them from, and address
the economic imperatives for, involvement in harmful, exploitative and abusive
activity;
(c) To
take the situation of children working and/or living on the street fully into
account in preparing their reports to the Committee on the Rights of the Child,
and encourages the Committee and other relevant bodies and organizations of the
United Nations system, within their existing mandates, to increase attention to
the question of children working and/or living on the street;
(d) To
guarantee respect for all human rights and fundamental freedoms, particularly
the right to life, and to take urgent and effective measures to prevent the
killing of children working and/or living on the street and to combat torture
and violence against them, to bring the perpetrators to justice and to ensure
strict compliance with international
human rights instruments, including the Convention on the Rights of the
Child, including the requirement that legal and juridical processes respect the
rights of the child;
(e) And
the international community to support, through effective international cooperation,
the efforts of States to improve the situation of children working and/or
living on the street, including in urban settlements, in accordance with the
Habitat Agenda (A/CONF.165/14, chap. I) adopted by the United Nations
Conference on Human Settlements (Habitat II), held in Istanbul, in June 1996;
VIII
Promotion
and protection of the rights of children alleged
to
have or recognized as having infringed the penal law
26. Reaffirms
the need to ensure that every child alleged to have or recognized as having
infringed the penal law is treated with dignity in accordance with the
principles and relevant provisions of the Convention on the Rights of the Child
and other relevant international human rights instruments, including the
International Covenant on Civil and Political Rights, expressing deep concern, inter
alia, about cases of children prosecuted without taking into account their
special needs, kept in arbitrary detention, subjected to torture or cruel,
inhuman or degrading treatment or punishment or subjected to punishment
contrary to accepted international standards and, in this regard, calls upon
States to take all the necessary measures to protect children from these
practices;
27. Welcomes:
(a) The
follow_up by the Committee on the Rights of the Child of the implementation of
articles 37 and 40 of the Convention by States parties, making concrete
recommendations concerning the improvement of the national systems of
administration of justice for children, including through the use of advisory
services and technical cooperation provided by the Office of the United Nations
High Commissioner for Human Rights and other relevant United Nations
entities;
(b) The
establishment of the Coordination Panel on technical advice and assistance in
juvenile justice in order to facilitate the coordination of activities in this
field undertaken by relevant entities of the United Nations system as well as
non_governmental organizations, professional groups and academic societies
involved in the provision of technical advice and assistance;
28. Calls
upon States:
(a) To
ensure that all structures, procedures and programmes in the administration of
justice with regard to children who infringe the penal law promote their
re_education and rehabilitation, encouraging, whenever appropriate and
desirable, measures for dealing with such children without resorting to
judicial proceedings, and providing that human rights and legal safeguards are
fully respected;
(b) To
take appropriate steps to ensure compliance with the principle that depriving
children of their liberty should be used only as a measure of last resort and
for the shortest appropriate period of time, in particular before trial, and to
ensure that, if they are arrested, detained or imprisoned, children are
separated from adults, to the greatest extent feasible, unless it is considered
in their best interest not to do so;
(c) Also
to take appropriate steps to ensure that no child in detention is deprived of
the access to and provision of health_care services, hygiene and environmental
sanitation, education and basic instruction, taking into consideration the
special needs of children with disabilities in detention, in accordance with
the Convention on the Rights of the Child;
(d) Parties
to comply with the Convention, in their national legislation and practice, and all
States to bear in mind the Guidelines for Action on Children in the Criminal
Justice System which appear in the annex to Economic and Social Council
resolution 1997/30 of 21 July 1997, the United Nations Guidelines for the
Prevention of Juvenile Delinquency (The Riyadh Guidelines) adopted by the
General Assembly in resolution 45/112 of 14 December 1990, the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing
Rules) adopted by the Assembly in resolution 40/33 of 29 November 1985 and the
United Nations Rules for the Protection of Juveniles Deprived of their
Liberty adopted by the Assembly in resolution 45/113 of 14 December 1990,
taking into account the best interest of the child;
IX
Promotion
of the rights of children with disabilities
29. Welcomes:
(a) The
increased attention given by the Committee on the Rights of the Child to
children with disabilities and takes note of the thematic discussion held in
1997 on the rights of children with disabilities, as well as the
recommendations adopted;
(b) The
establishment of a working group of key disability and children's rights
organizations, together with international experts, with the aim of elaborating
a plan of action in respect of the recommendations of the Committee on the
Rights of the Child on children with disabilities, in close cooperation with
the Special Rapporteur on disability of the Commission for Social Development;
30. Reaffirms
the need to take a holistic approach to disability and to promote for children
with disabilities a full and decent life, in conditions which ensure dignity,
promote self_reliance and facilitate the
child's active participation in the community, including
effective access to education and health services, stressing that all children
are equal members of the society;
31. Calls
upon all States:
(a) To
adopt all necessary measures to ensure the full and equal enjoyment of all
human rights and fundamental freedoms by children affected by disabilities and
to develop and enforce legislation forbidding discrimination against children
with disabilities;
(b) To
adopt an integrated approach to providing adequate support and appropriate
education for children affected by disabilities in a manner conducive to the
child's achieving the fullest possible social integration and individual
development;
(c) Parties,
in complying with their reporting obligations to the Committee on the Rights of
the Child under paragraph 1 of article 44 of the Convention, to include, in
accordance with the Committee's guidelines, information on the situation and
the needs of children with disabilities, including disaggregated data, and on
the measures taken to ensure to such children their enjoyment of the rights
under the Convention;
X
Promotion
of the child's right to health
32. Reaffirms:
(a) That
the right of the child to the enjoyment of the highest attainable standard of
health and access to health care, as set out in article 24 of the
Convention on the Rights of the Child, is an integral part of the full
realization of all their human rights, which are universal, indivisible and
interdependent;
(b) The
right of every child to a standard of living adequate for the child's physical,
mental, spiritual, moral and social development, and expresses deep concern
about the number of children living below these standards and infant and child
mortality due to preventable diseases, all over the world, in particular in the
developing countries;
(c) The
importance of the agreed conclusions on social services for all which
appear in the annex to resolution 37/1 adopted by the Commission for
Social Development at its thirty_seventh session (see E/1999/26_E/CN.5/1999/15,
chap. I) and recognizes that social services are an integral part of, and
contribute positively to, social and economic development, that the primary
responsibility for ensuring provision of and universal access to social services
rests with Governments, and that international cooperation to enhance social
development would facilitate the provision of basic services for all;
33. Welcomes:
(a) The
increased attention given by the Committee on the Rights of the Child to the
realization of the highest attainable standard of health and access to health
care, and takes note of the thematic discussion held at its nineteenth session
in 1998 on the rights of children living in a world with human immunodeficiency
virus/acquired immune deficiency syndrome (HIV/AIDS), as well as the
recommendations adopted (CRC/C/80, para. 243);
(b) The
development of a global strategic framework on young people and HIV/AIDS,
based on a rights approach, initiated by the Joint United Nations
Programme on HIV/AIDS (UNAIDS) working in partnership with the UNAIDS
co_sponsors and in consultation with relevant parts of the United Nations
system;
(c) World
Health Assembly resolution WHA 51.22 of 16 May 1998 on the health of young
children and adolescents and steps taken to further increase cooperation
between the World Health Organization and the Office of the United Nations
High Commissioner for Human Rights, the Committee on the Rights of the Child,
the United Nations Children's Fund and other relevant partners in developing a
rights_based approach in programming and implementing programmes to prevent and
combat disease, malnutrition and disability;
(d) Welcomes
the agreed conclusions adopted by the Commission on the Status of Women at its
forty_third session on women and health in March 1999;
34. Calls
upon all States:
(a) And
relevant bodies and organizations of the United Nations system, in particular
the World Health Organization, to pay particular attention to the development
of sustainable health systems and social services to ensure the effective
prevention of diseases, malnutrition, disabilities and infant and child
mortality, including through prenatal and postnatal health care, as well as the
provision of necessary medical treatment and health care to all children,
taking into consideration the special needs of young children, including
prevention of common infectious diseases, the special needs of adolescents,
including reproductive and sexual health and threats from substance abuse and
violence, and the particular needs of children living in poverty, children in
situations of armed conflict and of vulnerable groups;
(b) And
relevant bodies and organizations of the United Nations system, in particular
the World Health Organization, to ensure education and training of health
professionals in human rights, including the rights of the child and the human
rights of women and girls;
(c) To
adopt all necessary measures to ensure the full and equal enjoyment of all human
rights and fundamental freedoms by children affected by disease and
malnutrition, including protection from all forms of discrimination, abuse or
neglect, in particular in the access to and provision of health care;
XI
Promotion
of the right of the child to education
35. Welcomes:
(a) The
report of the Special Rapporteur on the right to education (E/CN.4/1999/49);
(b) The
increased attention given by the Committee on Economic, Social and Cultural
Rights to the right to education, taking note of the thematic discussion held
at its nineteenth session in November 1998, and stresses the importance of
close cooperation with the Committee on the Rights of the Child, within the
scope of their respective mandates;
(c) The
high priority accorded to education for all, in particular girls' education, by
the United Nations Children's Fund in its programme work and advocacy efforts
and takes note of The State of the World's Children 1999 report with its
focus on education;
36. Reaffirms
the particular importance of the right of the child to education and the goals
of Education for All, emphasizing the need for governments to broaden and
constantly redefine the scope of basic education, including early childhood
care and initial education, to develop a supporting policy context and to
mobilize existing and new financial and human resources, including through
concerted international action and cooperation;
37. Calls
upon States:
(a) To
recognize the right to education on the basis of equal opportunities by making
primary education compulsory and ensuring that all children have access to free
and relevant primary education, as well as making secondary education generally
available and accessible to all, and in particular by the progressive
introduction of free education;
(b) Which
have not been able to secure compulsory primary education, free of charge, to
work out and adopt a detailed plan of action for the progressive implementation
of the principle of compulsory education free of charge for all;
(c) To
ensure that emphasis is given to the qualitative aspects of education and that
the education of the child shall be carried out in accordance with articles 28
and 29 of the Convention on the Rights of the Child and that education is
directed, inter alia, to the development of respect for human rights and
fundamental freedoms and to the preparation of the child for responsible life
in a free society, in a spirit of understanding, peace, tolerance, gender
equality and friendship among peoples, ethnic, national and religious groups,
and persons of indigenous origin;
(d) To
remove educational disparities and make education accessible to children living
in poverty, children living in remote areas, children with special education
needs and children requiring special protection, including migrant children,
indigenous children and children belonging to minorities;
(e) And
educational institutions and the United Nations system, in particular the United Nations
Children's Fund, the United Nations Development Fund for Women and the
United Nations Educational, Scientific and Cultural Organization, to develop
and implement gender-sensitive strategies to address the particular needs of
the girl child in education, taking into consideration the interdependence of
all human rights and the need to develop a comprehensive strategy to eliminate
gender discrimination, and to provide gender_sensitive training for school
administrators, parents and all members of the school community;
XII
38. Decides:
(a) To
request the Secretary_General to submit to the Commission at its fifty_sixth
session a report on the rights of the child, with information on the status of
the Convention on the Rights of the Child and on the problems addressed in the
present resolution;
(b) To
continue its consideration of this question at its fifty_sixth session
under the same agenda item.
60th
meeting
28
April 1999
[Adopted
without a vote. See chap. XIII.]
1999/81. Work of the Sub_Commission on Prevention
of Discrimination
and
Protection of Minorities
The Commission on Human Rights,
Recalling its previous
relevant resolutions, in particular 1998/28 of 17 April 1998, as well
as the terms of reference of the Sub_Commission on Prevention of Discrimination
and Protection of Minorities as set out in the relevant resolutions of the
Commission on Human Rights, the Economic and Social Council and the General
Assembly,
Taking note of:
(a) The
report of the Sub_Commission on its fiftieth session
(E/CN.4/1999/4_E/CN.4/Sub.2/1998/45);
(b) The
attention given by the Sub_Commission to Commission resolution 1998/28;
(c) The
revised working paper on the methods of work of the Sub_Commission
(E/CN.4/Sub.2/1998/3);
(d) Sub_Commission
decisions 1994/117 and 1998/108, respectively of 26 August 1994 and 26
August 1998;
(e) The
fact that the work of the Sub_Commission is currently under consideration in
the context of the ongoing process of the “review of mechanisms”;
1. Reaffirms
that the Sub_Commission can best assist the Commission by providing it with:
(a) Independent
expert studies carried out by its members and under its auspices;
(b) Recommendations
based on, and after full consideration of, these studies;
(c) Studies,
research and expert advice at the request of the Commission;
2. Welcomes
the steps undertaken by the Sub_Commission to reform and improve its methods of
work, including by the adoption of a restructured agenda at its fiftieth session
and, in particular:
(a) The
efforts made to implement its decision 1996/114 of
29 August 1996 to achieve a compilation of the existing rules of
procedure and procedural questions to be resolved;
(b) The
decision to limit the initiation of new studies and the adoption of criteria
for new studies;
(c) The
decision to establish during its fifty_first session a sessional working group
on the methods of work of the Sub_Commission;
(d) The
efforts made to enhance its cooperation with all relevant bodies;
3. Invites
the Sub_Commission to enhance its efforts to improve on its methods of work, inter
alia by:
(a) Setting
up a work plan for its fifty_first session, containing priorities for
future work;
(b) Setting
a time_frame for consideration of its methods of work, as well as a target date
of not later than the fifty_seventh session of the Commission for reporting to
the Commission on its method of work;
(c) Proposing
measures to enhance further the independence and expertise of its membership;
4. Requests
the Sub_Commission to continue its efforts to avoid duplication with the work
of the Commission;
5. Also
requests the Sub_Commission further to improve on its methods of work by:
(a) Focusing
on its primary role as an advisory body to the Commission;
(b) Giving
particular attention to the selection of studies, focusing its attention on how
and where the implementation of existing standards can be improved;
(c) Respecting
strictly the principles of independence, impartiality and expertise;
(d) In
view of the budgetary situation of the Office of the United Nations High
Commissioner for Human Rights, doing its utmost to limit requests for the
creation of new working groups;
(e) Facilitating
efficient and effective participation of non_governmental organizations;
(f) Considering
fully studies and working papers by special rapporteurs and its members before
sending them to the Commission;
(g) Focusing
strictly on questions relating to human rights in accordance with its mandate;
6. Reaffirms
its requests to States:
(a) To
nominate as members and alternate members of the Sub_Commission independent
experts of recognized competence in the field of human rights, as well as to
respect fully the independence of members and alternates;
(b) When
nominating candidates for the Sub_Commission, to submit nominations
sufficiently early so as to enable the members of the Commission to thoroughly
assess the qualifications and the independence of the nominees;
7. Invites
the Secretary_General to give support to the Sub_Commission, inter alia,
by making available documentation in good time before each session in the
official languages of the United Nations and, in responding to requests
from the Sub_Commission to solicit information from Governments and
intergovernmental and non_governmental organizations, to agree to such requests
only after they have been approved by the Commission;
8. Requests
the Sub_Commission to devote sufficient time at its fifty_first session to
discussion of its working methods;
9. Authorizes
the Sub_Commission to organize its fifty_first (four_week) session so that it
shall not hold more than 30 public meetings and decides that the
Sub_Commission shall meet in closed session to consider the implementation of
the present resolution and other appropriate issues;
10. Requests
the Sub_Commission to report to the Commission on Human Rights at its
fifty_sixth session on the results of its consideration of its methods of work;
11. Invites
the Chairperson of the Commission to address the Sub_Commission at the opening
meeting of the fifty_first session of the Sub_Commission on the debate that
took place in the Commission under this item;
12. Requests
the Chairperson of the fifty_first session of the
Sub_Commission to report to the Commission at its
fifty_sixth session.
60th
meeting
28
April 1999
[Adopted
without a vote. See chap. XVI.]
1999/82. Defamation of religions
The Commission on Human Rights,
Recalling that all
States have pledged themselves, under the Charter of the United
Nations, to promote and encourage universal respect for and
observance of human rights and fundamental freedoms for all without
distinction as to race, sex, language or religion,
Reaffirming that
discrimination against human beings on the grounds of religion or belief
constitutes an affront to human dignity and a disavowal of the principles of
the Charter of the United Nations,
Reaffirming also the call of
the World Conference on Human Rights for all Governments to take all
appropriate measures, in compliance with their international obligations and
with due regard to their respective legal systems, to counter intolerance and
related violence based on religion or belief, including practices of
discrimination against women and including desecration of religious sites,
recognizing that every individual has the right to freedom of thought,
conscience, expression and religion,
Alarmed at the serious instances of
intolerance, discrimination and acts of violence based on religion or belief,
including acts of violence, intimidation and coercion motivated by religious
extremism, occurring in many parts of the world and threatening the enjoyment
of human rights and fundamental freedoms,
Underlining the
importance of creating conditions to foster greater harmony and tolerance
within and among societies and conscious of the importance of education in
ensuring tolerance of and respect for religion and belief,
Welcoming the
designation by the General Assembly of the year 2001 as the United Nations Year
of Dialogue among Civilizations,
Expressing its appreciation in
this context of the joint efforts of the member States of the Organization of
the Islamic Conference and the United Nations High Commissioner for Human
Rights in organizing the seminar entitled “Enriching the Universality of Human
Rights: Islamic Perspectives
on the Universal Declaration of Human Rights” in Geneva on 9 and
10 November 1998,
Emphasizing that
non_governmental organizations, religious bodies and communities have an
important role to play in the promotion of tolerance and the protection of
freedom of religion or belief,
1. Expresses
deep concern at negative stereotyping of religions;
2. Also
expresses deep concern that Islam is frequently and wrongly associated with
human rights violations and with terrorism;
3. Expresses
its concern at any role in which the print, audio_visual or electronic
media or any other means is used to incite acts of violence, xenophobia or
related intolerance and discrimination towards Islam and any other religion;
4. Urges
all States, within their national legal framework, in conformity with
international human rights instruments to take all appropriate measures to
combat hatred, discrimination, intolerance and acts of violence, intimidation
and coercion motivated by religious intolerance, including attacks on religious
places, and to encourage understanding, tolerance and respect in matters
relating to freedom of religion or belief;
5. Invites
the High Commissioner, in the context of the preparations for the United
Nations Year of Dialogue among Civilizations, to consider the holding of
seminars to promote a dialogue among cultures, thus contributing to the
understanding of the universality of human rights;
6. Calls
upon the Special Rapporteur on religious intolerance and the Special
Rapporteur on racism, racial discrimination, xenophobia and related intolerance
to take into account the provisions of the present resolution when reporting to
the Commission at its fifty_sixth session;
7. Decides
to remain seized of the matter at its fifty_sixth session.
62nd meeting
30 April 1999
[Adopted without a vote. See
chap. VI.]
B.
Decisions
1999/101. Organization of work
At its 2nd meeting, on 23 March 1999, the
Commission on Human Rights decided, without a vote, to invite the following
persons to participate in its meetings:
(a) In
connection with item 5: Mr. E. Bernales
Ballesteros, Special Rapporteur on the question of the use of mercenaries;
(b) In
connection with item 6: Mr. M.
Glèlè_Ahanhanzo, Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance;
(c) In
connection with item 6: Mr. I. Garvalov,
Ms. G. McDougall and Mr. M. Yutzis, members of the Committee on the
Elimination of Racial Discrimination (for participation in the sessional
working group);
(d) In
connection with item 7: Mr. A.
Sengupta, Independent Expert on the right to development;
(e) In
connection with item 8: Mr. H. Halinen,
Special Rapporteur on the situation of human rights in the Palestinian
territories occupied since 1967;
(f) In
connection with item 9: Mr. A. Artucio,
Special Rapporteur on the situation of human rights in Equatorial Guinea;
(g) In
connection with item 9: Mr. M.
Copithorne, Special Representative of the Commission on the situation of
human rights in the Islamic Republic of Iran;
(h) In
connection with item 9: Mr. J.
Dienstbier, Special Rapporteur on the situation of human rights in Bosnia and
Herzegovina, Croatia and the Federal Republic of Yugoslavia;
(i) In
connection with item 9: Mr. L. Franco,
Special Rapporteur on the situation of human rights in the Sudan;
(j) In
connection with item 9: Mr. R.
Garretón, Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo;
(k) In
connection with item 9: Mr. K. Hossain,
Special Rapporteur on the situation of human rights in Afghanistan;
(l) In
connection with item 9: Mr. R. Lallah,
Special Rapporteur on the situation of human rights in Myanmar;
(m) In
connection with item 9: Mr. M.
Moussalli, Special Representative of the Commission on the situation of
human rights in Rwanda;
(n) In
connection with item 9: Mr. P.S.
Pinheiro, Special Rapporteur on the situation of human rights in Burundi;
(o) In
connection with item 9: Mr. S.J.
Sorabjee, Special Rapporteur on the situation of human rights in Nigeria;
(p) In
connection with item 9: Mr. M. van der
Stoel, Special Rapporteur on the situation of human rights in Iraq;
(q) In
connection with item 9 (b): Mr. F.
Yimer, Chairman_Rapporteur of the Working Group on Communications of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities;
representatives of States in respect of which situations were being considered
under item 9 (b);
(r) In
connection with item 9 (b): Ms. E.
Aouij, Independent Expert;
(s) In
connection with item 10: Mr. F. Cheru,
Independent Expert on structural adjustment policies;
(t) In
connection with item 10: Mr. R.
Figueredo Planchart, Special Rapporteur on the effects of foreign debt on
the effective exercise of economic, social and cultural rights;
(u) In
connection with item 10: Ms. F.Z.
Ksentini, Special Rapporteur on the adverse effects of the illicit
movement and dumping of toxic and dangerous products and wastes;
(v) In
connection with item 10: Ms. A.M.
Lizin, Independent Expert on the question of human rights and extreme poverty;
(w) In
connection with item 10: Ms. K.
Tomasevski, Special Rapporteur on the right to education;
(x) In
connection with item 11 (a): Mr. K.
Sibal, Chairman_Rapporteur of the Working Group on Arbitrary Detention;
(y) In
connection with item 11 (a): Sir Nigel
S. Rodley, Special Rapporteur on the question of torture;
(z) In
connection with item 11 (a): Mr. C.
Vargas Pizarro, Chairman_Rapporteur of the Working Group on the draft optional
protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
(aa) In
connection with item 11 (a): Mr. I.
Tosevski, in his capacity as a member of the Board of Trustees of the United
Nations Voluntary Fund for Victims of Torture;
(bb) In
connection with item 11 (b): Mr. I.
Tosevski, Chairman_Rapporteur of the Working Group on Enforced or Involuntary
Disappearances;
(cc) In connection
with item 11 (b): Ms. A. Jahangir,
Special Rapporteur on extrajudicial, summary or arbitrary executions;
(dd) In
connection with item 11 (c): Mr. A.
Hussain, Special Rapporteur on the promotion and protection of the right
to freedom of opinion and expression;
(ee) In
connection with item 11 (d): Mr. P.
Cumaraswamy, Special Rapporteur on the independence of judges and lawyers;
(ff) In
connection with item 11 (d): Mr. C.
Bassiouni, Independent Expert on restitution, compensation and rehabilitation
for victims of grave violations of human rights;
(gg) In
connection with item 11 (e): Mr. A.
Amor, Special Rapporteur on the question of religious intolerance;
(hh) In
connection with item 12: Ms. P. Flor,
Chairperson of the Commission on the Status of Women;
(ii) In
connection with item 12 (a): Ms. R.
Coomaraswamy, Special Rapporteur on violence against women, its causes and
consequences;
(jj) In
connection with item 13: Ms. C. von
Heidenstam, Chairperson_Rapporteur of the Working Group on a draft optional
protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflicts;
(kk) In
connection with item 13: Ms. O.
Calcetas_Santos, Special Rapporteur on the sale of children, child
prostitution and child pornography;
(ll) In
connection with item 13: Mr. J.I. Mora
Godoy, Chairman_Rapporteur of the Working Group on a draft optional protocol to
the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography;
(mm) In
connection with item 13: Mr. O.A.
Otunnu, Special Representative of the Secretary-General on the impact of
armed conflict on children;
(nn) In
connection with item 14 (a): Mr. J.A.
Bustamante, Chairman_Rapporteur of the Working Group of intergovernmental
experts on the human rights of migrants;
(oo) In
connection with item 14 (c): Mr. F.M.
Deng, Representative of the Secretary-General on internally displaced persons;
(pp) In
connection with item 15: Mr. R. Van
Rijssen, Chairman_Rapporteur of the Working Group on a permanent forum for
indigenous people;
(qq) In
connection with item 15: Mr. J.
Urrutia, Chairman_Rapporteur of the Working Group established in accordance with
Commission resolution 1995/32;
(rr) In
connection with item 15: Ms. V.
Tauli_Corpuz, Chairperson of the Board of Trustees of the United Nations
Voluntary Fund for Indigenous Populations;
(ss) In
connection with item 15: Mr. J.C.
Morales Morales, in his capacity as a member of the Advisory Group of the
United Nations Voluntary Fund for the International Decade of the World's
Indigenous People;
(tt) In
connection with item 16: Mr. E.H.
Guissé, Chairman of the Sub_Commission on Prevention of Discrimination and
Protection of Minorities at its fiftieth session;
(uu) In
connection with item 19: Mr. A. Dieng,
Independent Expert on the situation of human rights in Haiti;
(vv) In
connection with item 19: Ms. M.
Rishmawi, Independent Expert on the situation of human rights in Somalia;
(ww) In
connection with item 19: Mr. T.
Hammarberg, Special Representative of the Secretary-General on the
situation of human rights in Cambodia;
(xx) In
connection with item 19: Ms. L.I.
Takla, Chairperson of the Board of Trustees of the United Nations Voluntary
Fund for Technical
Cooperation in the Field of Human Rights.
[See
chap. III.]
1999/102. Question of assistance to Chad
At its 48th meeting, on 22 April 1999, the
Commission on Human Rights decided, without a vote, to consider the question of
assistance to Chad under the agenda item entitled “Advisory services and
technical cooperation in the field of human rights” and to request the United
Nations High Commissioner for Human Rights to submit a progress report at its
fifty_sixth session on the establishment and implementation of a technical
cooperation project based on the joint needs_assessment mission to Chad
undertaken by the Office of the United Nations High Commissioner for Human
Rights and the United Nations
Development Programme in October 1998.
[See
chap. XIX.]
1999/103. Question of human rights in Cyprus
At its 52nd meeting, on 23 April 1999, the
Commission on Human Rights decided, without a vote, to retain on its agenda
sub_item (a), entitled “Question of human rights in Cyprus”, of the item
entitled “Question of the violation of human rights and fundamental freedoms in
any part of the world” and to give it due priority at its fifty_sixth session,
it being understood that action required by previous resolutions of the
Commission on the subject
would continue to remain operative, including the request
to the Secretary_General to provide a report to the Commission regarding their
implementation.
[See
chap. IX.]
1999/104.
Effects of structural adjustment policies
on
the full enjoyment of human rights
At its 54th meeting, on 26 April 1999,
the Commission on Human Rights, recalling its decision 1998/102 of
9 April 1998 and taking note of the report of the open_ended Working
Group on structural adjustment programmes and economic, social and cultural
rights on its second session (E/CN.4/1999/51), and its recommendations, in
particular the need to circulate the report of the independent expert
(E/CN.4/1999/50) to Governments, United Nations bodies, other international
organizations, financial institutions, particularly the World Bank and the
International Monetary Fund, and non_governmental organizations for comments,
decided by a roll_call vote of 33 votes to 15, with 4 abstentions to
request the Economic and Social Council to:
(a) Request
the Secretary_General to circulate the report of the independent expert to and
invite comments from Governments, United Nations bodies, including the regional
commissions, the specialized agencies, international financial institutions,
intergovernmental organizations, in particular those involved in development,
academic institutions, non_governmental organizations and organizations
representing disadvantaged and vulnerable groups;
(b) To
extend for one year the mandate of the independent expert to: (i) assist the Working Group in the
fulfilment of its mandate, in particular by elaborating draft basic policy
guidelines on structural adjustment policies; and (ii) monitor new
developments, including actions and initiatives being taken by international
financial institutions, other United Nations bodies and intergovernmental and
non_governmental organizations with respect to structural adjustment policies
and human rights, and to submit a revised report to the Working Group at its
third session;
(c) To
authorize the Working Group to meet for two weeks well in advance of, but at
least four weeks prior to, the fifty_sixth session of the Commission with the
mandate to: (i) consider the updated
report of the independent expert and comments received thereon; (ii) elaborate
basic policy guidelines on structural adjustment programmes and economic,
social and cultural rights which could serve as a basis for a continued
dialogue between human rights bodies and the international financial
institutions; and (iii) report to the Commission at its fifty_sixth session.
[See
chap. X.]
1999/105.
Systematic rape, sexual slavery and slavery_like
practices
during armed conflict, including internal
armed
conflict
At its 55th meeting, on 26 April 1999,
the Commission on Human Rights, taking note of Sub_Commission on Prevention of
Discrimination and Protection of Minorities resolution 1998/18 of
21 August 1998, decided without a vote to approve the decision of the
Sub_Commission to extend the mandate of Ms. Gay J. McDougall, as
Special Rapporteur on systematic rape, sexual slavery and slavery_like
practices during armed conflict, for a further year in order to enable her to
submit an update on developments with respect to her mandate at the fifty_first
session of the Sub_Commission. The
Commission recommended to the Economic and Social Council that the final report
of the Special Rapporteur (E/CN.4/Sub.2/1998/13) be published in the official
languages of the United Nations and widely disseminated. The Commission recommended to the
Secretary_General that the final report be transmitted to Governments,
competent bodies of the United Nations, specialized agencies, regional
intergovernmental organizations, the established international tribunals and
the secretariat of the Preparatory Commission for the Establishment of an
International Criminal Court.
[See
chap. XII.]
1999/106. Study on indigenous land rights
At its 56th meeting, on 27 April 1999, the
Commission on Human Rights, taking note of Sub_Commission on Prevention of
Discrimination and Protection of Minorities resolution 1998/21 of 21 August
1998, decided, without a vote, to approve the Sub_Commission's requests to the
Secretary_General to transmit as soon as possible the progress report on the
working paper on indigenous people and their relationship to land
(E/CN.4/Sub.2/1998/15), together with the preliminary working paper on the same
topic (E/CN.4/Sub.2/1997/17 and Corr.1), to Governments, indigenous people and
intergovernmental and non_governmental organizations for their comments, data
and suggestions, and to provide the Special Rapporteur with all the assistance
necessary to enable her to complete her final working paper in accordance with
Commission decision 1997/114 of 11 April 1997 and Economic and Social
Council decision 1997/289 of 22 July 1997.
[See
chap. XV.]
1999/107. The concept and practice of affirmative
action
At its 56th meeting, on 27 April 1999, the
Commission on Human Rights, taking note of resolution 1998/5 of 20 August 1998
of the Sub_Commission on Prevention of Discrimination and Protection of
Minorities, decided, without a vote, to endorse the decision of the
Sub_Commission to appoint Mr. Marc Bossuyt as Special Rapporteur to
undertake a study on the concept and
practice of affirmative action as described in
resolution 1998/5, which will pay specific attention to the
recommendations made by the Sub_Commission and the Commission so as to refine
further the focus and methods of the study.
[See
chap. XVI.]
1999/108. Drinking water supply and sanitation
services
At its 56th meeting, on 27 April 1999, the
Commission on Human Rights, taking note of Sub_Commission on Prevention of
Discrimination and Protection of Minorities resolution 1998/7 of
20 August 1998 and taking note with appreciation of the working paper
submitted by Mr. El Hadji Guissé (E/CN.4/Sub.2/1998/7), notes
that the issue of the right of individuals to drinking water supply and
sanitation services remains undefined and therefore decided, without a vote, to
request the Sub_Commission to give further consideration to this aspect in
preparation for a study on the realization and promotion of this right.
[See
chap. XVI.]
1999/109.
Human rights and the follow_up to the guidelines
for
the regulation of computerized personal data
files
At its 58th meeting, on 28 April 1999, the
Commission on Human Rights, referring to the guidelines for the regulation of
computerized personal data files (E/CN.4/1990/72) adopted by the General
Assembly in its resolution 45/95 of 14 December 1990 and taking note of the
report of the Secretary-General prepared pursuant to Commission decision
1997/122 of 16 April 1997 (E/CN.4/1999/88) decided, without a vote:
(a) To
remove the question from its agenda, since the applicable guidelines are
progressively being taken into consideration by States;
(b) To
request the Secretary-General to entrust the competent inspection bodies with
the task of ensuring the implementation of the
guidelines by the organizations concerned within the
United Nations system.
[See
chap. XVII.]
1999/110. Human rights and thematic procedures
At its 58th meeting, on
28 April 1999, the Commission on Human Rights, reaffirming its
resolution 1998/74 of 22 April 1998 and mindful of the
ongoing discussions on the issue of the review of the mechanisms of the
Commission, decided, without a vote, to consider this question again at its
fifty_sixth session under the relevant agenda item.
[See
chap. XVIII.]
1999/111.
Postponement of consideration of draft
resolution
E/CN.4/1999/L.85
At its 59th meeting, on 28 April 1999,
the Commission on Human Rights decided, without a vote, to postpone
consideration of draft resolution
E/CN.4/1999/L.85, entitled “Human duties and
responsibilities”, to the next session of the Commission.
[See
chap. XVII.]
1999/112. Dates of the fifty_sixth session of the
Commission
At its 60th meeting, on 28 April 1999,
the Commission on Human Rights, recalling Economic and Social Council
decision 1994/297 of 29 July 1994 and bearing in mind Council
decision 1995/296 of 25 July 1995, decided, without a vote, that
the fifty_sixth session of the Commission should be scheduled to take place
from 20 March to 28 April 2000.
[See
chap. III.]
1999/113.
Organization of the work of the fifty_sixth session of the Commission
At its 60th meeting, on 28 April 1999,
the Commission on Human Rights, taking into account its heavy schedule of work,
as well as the need to give adequate consideration to all the items on its
agenda, and recalling that in previous years the Economic and Social
Council had approved the Commission's requests for additional meetings for its
thirty_seventh to fifty_fifth sessions, decided, without a vote:
(a) To
recommend to the Council that it authorize, if possible from within existing
financial resources, 30 fully serviced additional meetings, including summary
records, in accordance with rules 29 and 31 of the rules of procedure of the
functional commissions of the Economic and Social Council, for the Commission's
fifty_sixth session;
(b) To
request the Chairperson of the fifty_sixth session of the Commission to make
every effort to organize the work of the session within the times normally
allotted, so that the additional meetings that the Council might authorize
would be utilized only if they proved to be absolutely necessary.
[See
chap. III.]