Human rights situation in the OPT – Report of the Economic and Social Council – Draft report

REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON THE

FIFTY-SIXTH SESSION OF THE COMMISSION

Draft report of the Commission

Rapporteur:  Ms. Marie GERVAIS-VIDRICAIRE

CONTENTS*

Chapter

   V. THE RIGHT OF PEOPLES TO SELF-DETERMINATION AND ITS APPLICATION TO PEOPLES UNDER COLONIAL OR ALIEN DOMINATION OR FOREIGN OCCUPATION

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*  Documents E/CN.4/2000/L.10 and addenda will contain the chapters of the report relating to the organization of the session and the various items on the agenda.  Resolutions and decisions adopted by the Commission, as well as draft resolutions and decisions for action by, and other matters of concern to, the Economic and Social Council, will be contained in documents E/CN.4/2000/L.11 and addenda.

Chapter V

 

The right of peoples to self-determination and its application  to peoples

under colonial or alien domination or foreign occupation

1. The Commission considered agenda item 5 at its 5th and 6th meetings, on 22 and 23 March, and at its 35th meeting, on 7 April 2000.

2. For the documents issued under agenda item 5, see annex VI to the present report.

For a list of all resolutions and decisions adopted by the Commission and Chairperson’s statements, by agenda item, see annex V to the present report.

3. At the 5th meeting, on 22 March 2000, the report on 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 (E/CN.4/2000/14 and Corr.1), was introduced by Mr. Enrique Bernales Ballesteros, Special Rapporteur.

4. In the general debate on agenda item 5, statements were made by members of the Commission, observers and non-governmental organizations.  For a detailed list of speakers, see annex III.

Question of Western Sahara

5. At the 35th meeting, on 7 April 2000, the Chairperson introduced draft resolution E/CN.4/2000/L.2.

6. The draft resolution was adopted without a vote.  For the text as adopted, see chapter II, section A, resolution 2000/2.

7. After the adoption of the resolution, the representative of the United States of America made a statement in explanation of her delegation’s position.

The use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination

8. At the 35th meeting, on 7 April 2000, the representative of Cuba introduced draft resolution E/CN.4/2000/L.4, sponsored by Algeria, Angola,  Costa Rica, Cuba, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Ghana, Guatemala, India, the Islamic Republic of Iran, Iraq, the Libyan Arab Jamahiriya, Madagascar, the Republic of the Congo, the Sudan, Swaziland, the Syrian Arab Republic, Togo and Viet Nam.  Cameroon, Equatorial Guinea, Nigeria, Tunisia and Yemen subsequently joined the sponsors.

9. The representative of Cuba orally revised the second preambular paragraph of the draft resolution.

10. A statement in explanation of vote before the vote was made by the representative of Portugal (on behalf of the European Union; Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia and Turkey aligned themselves with the statement).

11. The representative of Portugal requested a vote.  At the request of the representative of Cuba, a roll-call vote was taken on the draft resolution, as orally revised, which was adopted by 35 votes to 11, with 5 abstentions.  The voting was as follows:

In favour: Argentina, Bangladesh, Bhutan, Botswana, Brazil, Burundi, Chile, China, Colombia, Cuba, Ecuador, El Salvador, Guatemala, India, Indonesia, Madagascar, Mauritius, Mexico, Morocco, Nepal, Nigeria, Pakistan, Peru, Philippines, Qatar, Republic of the Congo, Russian Federation, Rwanda, Senegal,  Sri Lanka, Sudan, Swaziland, Tunisia, Venezuela, Zambia.

Against: Canada, Czech Republic, Germany, Japan, Latvia, Luxembourg, Norway, Poland, Romania, United Kingdom of Great Britain and Northern Ireland, United States of America.

Abstaining: France, Italy, Portugal, Republic of Korea, Spain.

12. For the text of the resolution as adopted, see chapter II, section A, resolution 2000/3.

Situation in occupied Palestine

13. At the 35th meeting, on 7 April 2000, the representative of the Sudan  introduced draft resolution E/CN.4/2000/L.5, sponsored by Afghanistan, Algeria, Bahrain, Bangladesh, China, Cuba, Egypt, Indonesia, Jordan, Kuwait, Madagascar, Malaysia, Mauritania, Morocco, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, the Sudan, Tunisia, the United Arab Emirates and Yemen.  Equatorial Guinea and South Africa subsequently joined the sponsors.

14. Statements in explanation of vote before the vote were made by the representatives of Portugal (on behalf of the European Union; Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia and Turkey aligned themselves with the statement) and the United States of America.

15. At the request of the representative of the United States of America, a roll-call vote was taken on the draft resolution, which was adopted by 44 votes to 1, with 6 abstentions.  The voting was as follows:

In favour: Bangladesh, Bhutan, Botswana, Brazil, Burundi, Chile, China, Colombia,  Cuba, Czech Republic, France, Germany, India, Indonesia, Italy, Japan, Latvia, Luxembourg, Madagascar, Mauritius, Mexico, Morocco, Nepal, Nigeria, Norway, Pakistan, Peru, Philippines, Poland, Portugal, Qatar, Republic of the Congo, Republic of Korea, Russian Federation, Rwanda, Senegal, Spain,  Sri Lanka, Sudan, Swaziland, Tunisia, United Kingdom of Great Britain and Northern Ireland, Venezuela, Zambia.

Against: United States of America

Abstaining: Argentina, Canada, Ecuador, El Salvador, Guatemala, Romania

16. Statements in explanation of vote after the vote were made by the representatives of Canada and Norway.  

17. For the text of the resolution as adopted, see chapter II, section A, resolution 2000/4.

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