UN Human Rights Treaties

Distr.
GENERAL
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
25 October 1993
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection
of Minorities
REPORT OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION
AND PROTECTION OF MINORITIES ON ITS FORTY-FIFTH SESSION
Geneva, 2-27 August 1993
Rapporteur: Mr. Ioan Maxim
GE.93-85392 (E)
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CONTENTS
Chapter Page
I. Draft resolutions and decisions recommended to the Commission
on Human Rights for adoption . . . . . . . . . . . . . . . . . 9
A. Draft resolutions
I. Working Group on Contemporary Forms of Slavery . . . 9
II. Question of human rights and states of emergency . . 9
III. Human rights and extreme poverty . . . . . . . . . . 10
IV. Promoting the realization of the right to
adequate housing . . . . . . . . . . . . . . . . . . 11
V. Question of the impunity of perpetrators of
violations of human rights . . . . . . . . . . . . . 12
VI. Independence of the judiciary, particularly with
regard to judges and lawyers, as well as
court officers . . . . . . . . . . . . . . . . . . . 13
B. Draft decisions
1. Report of the Working Group on Contemporary Forms
of Slavery . . . . . . . . . . . . . . . . . . . . . 15
2. Slavery and slavery-like practices during wartime . . 15
3. The right to a fair trial . . . . . . . . . . . . . . 15
4. Recognition of gross and large-scale violations
of human rights as an international crime . . . . . . 16
5. Human rights and the environment . . . . . . . . . . 16
6. Traditional practices affecting the health of
women and children . . . . . . . . . . . . . . . . . 17
7. Human rights dimensions of population transfer,
including the implantation of settlers
and settlements . . . . . . . . . . . . . . . . . . . 17
8. Question of the implications for human rights of
United Nations actions, including humanitarian
assistance in addressing international
humanitarian problems and in the promotion and
protection of human rights . . . . . . . . . . . . . 18
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CONTENTS (continued)
Chapter Page
9. Human rights and income distribution . . . . . . . . 19
10. Protection of minorities . . . . . . . . . . . . . . 19
11. Cultural and intellectual property of indigenous
peoples . . . . . . . . . . . . . . . . . . . . . . . 19
12. Working Group on Indigenous Populations . . . . . . . 20
13. Question of the privatization of prisons . . . . . . 20
14. Study on treaties, agreements and other
constructive arrangements between States
and indigenous populations . . . . . . . . . . . . . 21
II. Resolutions and decisions adopted by the Sub-Commission at its
forty-fifth session . . . . . . . . . . . . . . . . . . . . . . 22
A. Resolutions
1993/1. Monitoring the eradication of apartheid and the
transition to democracy in South Africa . . . . . 22
1993/2. Elimination of all forms of intolerance and of
discrimination based on religion or belief . . . 23
1993/3. Measures to combat racism and racial
discrimination and the role of the
Sub-Commission . . . . . . . . . . . . . . . . . 25
1993/4. Methods of work of the Sub-Commission . . . . . 26
1993/5. Report of the Working Group on Contemporary Forms
of Slavery . . . . . . . . . . . . . . . . . . . 27
1993/6. Additional assistance in studying ways and means
of resolving problems arising from the former
institution of slavery . . . . . . . . . . . . . 32
1993/7. Working Group on Contemporary Forms of Slavery . 33
1993/8. Punishment of the crime of genocide . . . . . . 34
1993/9. Situation in Kosovo . . . . . . . . . . . . . . 35
1993/10. Situation of human rights in Chad . . . . . . . 38
1993/11. Situation in South Africa . . . . . . . . . . . 38
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CONTENTS (continued)
Chapter Page
1993/12. Situation in East Timor . . . . . . . . . . . . 41
1993/13. Consequences for the enjoyment of human rights
of acts of violence committed by armed groups
that spread terror among the population . . . . 42
1993/14. Situation of human rights in the
Islamic Republic of Iran . . . . . . . . . . . . 43
1993/15. Situation in the Palestinian and other
Arab territories occupied by Israel . . . . . . 45
1993/16. Situation of human rights in Guatemala . . . . . 49
1993/17. Situation in Bosnia and Herzegovina . . . . . . 51
1993/18. Situation in Haiti: encouragement of the
establishment of the democratic process and the
reconstruction of the country . . . . . . . . . 53
1993/19. Situation in Myanmar . . . . . . . . . . . . . . 54
1993/20. Situation of human rights in Iraq . . . . . . . 56
1993/21. Freedom of movement and the situation of
migrant workers and their families . . . . . . . 58
1993/22. Question of the human rights of
disabled persons . . . . . . . . . . . . . . . . 60
1993/23. Situation of human rights in Peru . . . . . . . 61
1993/24. Slavery and slavery-like practices
during wartime . . . . . . . . . . . . . . . . . 63
1993/25. Submission of information pursuant to
Sub-Commission resolution 7 (XXVII)
of 20 August 1974 . . . . . . . . . . . . . . . 64
1993/26. The right to a fair trial . . . . . . . . . . . 65
1993/27. Application of international standards
concerning the human rights of detained
juveniles . . . . . . . . . . . . . . . . . . . 66
1993/28. Question of human rights and states of
emergency . . . . . . . . . . . . . . . . . . . 67
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CONTENTS (continued)
Chapter Page
1993/29. Study concerning the right to restitution,
compensation and rehabilitation for victims
of gross violations of human rights and
fundamental freedoms . . . . . . . . . . . . . . 69
1993/30. Recognition of gross and large-scale violations
of human rights as an international crime . . . 70
1993/31. Discrimination in the context of human
immunodeficiency virus (HIV) or acquired
immunodeficiency syndrome (AIDS) . . . . . . . . 71
1993/32. Human rights and the environment . . . . . . . . 73
1993/33. Traditional practices affecting the health of
women and children . . . . . . . . . . . . . . . 75
1993/34. Human rights dimensions of population transfer,
including the implantation of settlers and
settlements . . . . . . . . . . . . . . . . . . 76
1993/35. Human rights and extreme poverty . . . . . . . . 77
1993/36. Promoting the realization of the right to
adequate housing . . . . . . . . . . . . . . . . 79
1993/37. Question of the impunity of perpetrators of
violations of human right . . . . . . . . . . . 80
1993/38. Question of the implications for human rights of
United Nations action, including humanitarian
assistance in addressing international
humanitarian problems and in the promotion
and protection of human rights . . . . . . . . . 82
1993/39. Independence of the judiciary, particularly with
regard to judges and lawyers, as well as court
officers . . . . . . . . . . . . . . . . . . . . 84
1993/40. Human rights and income distribution . . . . . . 85
1993/41. Forced evictions . . . . . . . . . . . . . . . . 87
1993/42. Rights of persons belonging to national or
ethnic, religious and linguistic minorities . . 89
1993/43. Protection of minorities . . . . . . . . . . . . 90
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CONTENTS (continued)
Chapter Page
1993/44. Cultural and intellectual property of indigenous
peoples . . . . . . . . . . . . . . . . . . . . 92
1993/45. Discrimination against indigenous peoples . . . 94
1993/46. Draft United Nations declaration on the rights of
indigenous peoples . . . . . . . . . . . . . . . 95
B. Decisions
1993/101. Organization of work . . . . . . . . . . . . . . 97
1993/102. Adoption of the agenda of the forty-fifth session
of the Sub-Commission . . . . . . . . . . . . . 97
1993/103. Establishment of a sessional working group
on detention . . . . . . . . . . . . . . . . . . 97
1993/104. Question of the reform of the procedure
governed by Economic and Social Council
resolution 1503 (XLVIII) . . . . . . . . . . . . 98
1993/105. Decision taken under agenda item 10 . . . . . . 98
1993/106. Voting by secret ballot on proposals pertaining
to allegations of violations of human rights
in countries . . . . . . . . . . . . . . . . . . 98
1993/107. Situation in Tibet . . . . . . . . . . . . . . . 98
1993/108. Arbitrary and summary executions . . . . . . . . 99
1993/109. Question of the privatization of prisons . . . . 99
1993/110. Study on treaties, agreements and other
constructive arrangements between States
and indigenous populations . . . . . . . . . . . 99
1993/111. Composition of the pre-sessional working groups
of the Sub-Commission . . . . . . . . . . . . . 100
III. Organization of the forty-fifth session . . . . . . . . . . . . 101
IV. Review of the work of the Sub-Commission . . . . . . . . . . . 106
V. Review of further developments in fields with which the
Sub-Commission has been concerned . . . . . . . . . . . . . . . 108
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CONTENTS (continued)
Chapter Page
VI. Elimination of racial discrimination . . . . . . . . . . . . . 115
A. Measures to combat racism and racial discrimination and
the role of the Sub-Commission . . . . . . . . . . . . . . 115
B. Monitoring the transition to democracy in South Africa . . 116
VII. Question of the violation of human rights and fundamental
freedoms, including policies of racial discrimination and
segregation and of apartheid, in all countries, with
particular reference to colonial and other dependent
countries and territories: report of the Sub-Commission
under Commission on Human Rights resolution 8 (XXIII) . . . . . 118
VIII. The new international economic order and the promotion of
human rights . . . . . . . . . . . . . . . . . . . . . . . . 133
A. The role and equal participation of women in development . 133
IX. The realization of economic, social and cultural rights . . . . 135
X. Communications concerning human rights: report of
the Working Group established under Sub-Commission
resolution 2 (XXIV) in accordance with Economic and
Social Council resolution 1503 (XLVIII) . . . . . . . . . . . . 140
XI. The administration of justice and the human rights detainees . 142
A. Question of the human rights of persons subjected to any form
of detention or imprisonment . . . . . . . . . . . . . . . 142
B. Question of human rights and states of emergency . . . . . 142
C. Individualization of prosecution and penalties, and
repercussions of violations of human rights on families . . 142
D. The right to a fair trial . . . . . . . . . . . . . . . . . 142
XII. Independence and impartiality of the judiciary, jurors and
assessors and the independence of lawyers . . . . . . . . . . . 150
XIII. Human rights and disability . . . . . . . . . . . . . . . . . . 152
XIV. Elimination of all forms of intolerance and of discrimination
based on religion and belief . . . . . . . . . . . . . . . . . 153
XV. Discrimination against indigenous peoples . . . . . . . . . . . 154
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CONTENTS (continued)
Chapter Page
XVI. Contemporary forms of slavery . . . . . . . . . . . . . . . . . 158
XVII. Promotion, protection and restoration of human rights at
national, regional and international levels . . . . . . . . . . 162
A. Prevention of discrimination and protection of children:
human rights and youth . . . . . . . . . . . . . . . . . . 162
B. Prevention of discrimination and protection of women . . . 162
XVIII. Protection of minorities . . . . . . . . . . . . . . . . . . . 163
XIX. Freedom of movement . . . . . . . . . . . . . . . . . . . . . . 165
XX. Implications of humanitarian activities for the enjoyment of
human rights . . . . . . . . . . . . . . . . . . . . . . . . 166
XXI. Consideration of the future work of the Sub-Commission and of
the draft provisional agenda for the forty-sixth session of
the Sub-Commission . . . . . . . . . . . . . . . . . . . . . . 170
XXII. Adoption of the report of the forty-fifth session . . . . . . . 176
Annexes
I. Agenda . . . . . . . . . . . . . . . . . . . . . . . . 177
II. Attendance . . . . . . . . . . . . . . . . . . . . . . . . 179
III. Administrative and programme budget implications of resolutions
and decisions adopted by the Sub-Commission at its
forty-fifth session . . . . . . . . . . . . . . . . . . . . . 184
IV. Sub-Commission resolutions referring to matters which are drawn
to the Commission’s attention . . . . . . . . . . . . . . . . . 185
V. List of studies and reports:
(a) Completed at the forty-fifth session of the
Sub-Commission; . . . . . . . . . . . . . . . . . . . . . 186
(b) Under preparation by members of the Sub-Commission in
accordance with with existing legislative authority . . . 187
VI. List of documents issued for the forty-fifth session of the
Sub-Commission . . . . . . . . . . . . . . . . . . . . . . . . 191
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I. DRAFT RESOLUTIONS AND DECISIONS RECOMMENDED TO THE
COMMISSION ON HUMAN RIGHTS FOR ADOPTION
A. Draft resolutions
I. Working Group on Contemporary Forms of Slavery
The Commission on Human Rights,
Noting resolution 1993/7 of 20 August 1993 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities,
1. Decides to create for a period of three years a working group on
contemporary forms of slavery, composed of five independent experts with
relevant experience in the field of human rights and contemporary forms of
slavery in particular, with the task of monitoring the application of the
Conventions on slavery through the examination of the information it receives;
2. Also decides that the Working Group, in carrying out its mandate,
shall seek and receive information from Governments, intergovernmental and
non-governmental organizations and individuals;
3. Invites the Working Group to take account, in fulfilling its
mandate, of the need to carry out its task with discretion, objectivity and
independence;
4. Requests the Secretary-General to provide all the necessary
assistance to the Working Group to enable it to accomplish its task.
[See chap. II, sect. A, resolution 1993/7,
and chap. XVI]
II. Question of human rights and states of emergency
The Commission on Human Rights,
Noting resolution 1993/28 of 25 August 1993 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities,
1. Recommends the following draft decision to the Economic and Social
Council for adoption:
The Economic and Social Council, taking note of Commission on
Human Rights decision 1994/... of ... 1994 and of resolution 1993/...
of .. August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the requests by the Sub-Commission:
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(a) To Mr. Leandro Despouy, Special Rapporteur on human rights and
states of emergency, to continue to update the list of states of emergency and
to include in his annual report to the Sub-Commission and the Commission
recommendations on inalienable or non-derogable rights;
(b) To the Secretary-General to provide the Special Rapporteur with all
the assistance he may require to carry out his work, to maintain cooperation
with the different sources of information and databases, and to process the
information submitted to him in an effective way.
[See chap. II, sect. A, resolution 1993/28,
and chap. XI.]
III. Human rights and extreme poverty
The Commission on Human Rights,
Endorsing resolution 1993/35 of 25 August 1993 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities,
Recommends the following draft resolution to the Economic and Social
Council for adoption:
The Economic and Social Council,
Recalling Commission on Human Rights resolution 1994/... of ....... 1994
and resolution 1993/35 of 25 August 1993 of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities, entitled "Human rights and
extreme poverty",
1. Approves the proposals by the Special Rapporteur on the study of
the question of human rights and extreme poverty, Mr. Leandro Despouy,
concerning the holding of a seminar on the topic of "Extreme poverty and the
denial of human rights";
2. Requests the Secretary-General to continue his consultations on the
topic of human rights and extreme poverty with Governments, the specialized
agencies, intergovernmental organizations and non-governmental organizations
and to inform the Special Rapporteur of the conclusions of those
consultations;
3. Requests the Secretary-General to provide the Special Rapporteur
with all the assistance necessary for the fulfilment of his mandate including,
as appropriate, assistance from consultants with specialized knowledge of the
subject.
[See chap. II, sect. A, resolution 1993/35,
and chap. IX]
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IV. Promoting the realization of the right
to adequate housing
The Commission on Human Rights,
Taking note of Sub-Commission resolution 1993/36 of 25 August 1993 on
promoting the realization of the right to adequate housing,
Recalling its decision 1993/103 of 4 March 1993,
Welcoming the progress report of the Special Rapporteur on promoting the
realization of the right to adequate housing (E/CN.4/Sub.2/1993/15),
1. Decides to extend the mandate of the Special Rapporteur by one year
to bring the length of his mandate into accordance with the practices of the
Sub-Commission and to enable him to explore fully the human rights
implications arising from the right to adequate housing;
2. Invites the Special Rapporteur to submit a second progress report
to the Sub-Commission on Prevention of Discrimination and Protection of
Minorities at its forty-sixth session;
3. Requests the Secretary-General to provide the Special Rapporteur
with all the necessary financial, technical and expert assistance required for
the completion of his mandate;
4. Recommends the following draft resolution to the Economic and
Social Council for adoption:
The Economic and Social Council,
Recalling Commission on Human Rights resolution 1994/... of ... 1994 and
decision 1993/103 of 4 March 1993, as well as resolutions 1993/... of
.. August 1993 and 1992/26 of 27 August 1992 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities,
Welcoming the working paper (E/CN.4/Sub.2/1992/15) and the progress
report on the right to adequate housing (E/CN.4/Sub.2/1993/15) submitted by
the Special Rapporteur of the Sub-Commission, Mr. Rajindar Sachar,
1. Decides to extend the mandate of the Special Rapporteur by one year
to bring the length of his mandate into accordance with the practices of the
Sub-Commission and to enable him to explore fully the issues arising from the
right to adequate housing;
2. Requests the Special Rapporteur to submit a second progress report
to the Sub-Commission on Prevention of Discrimination and Protection of
Minorities at its forty-sixth session;
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3. Requests the Secretary-General to invite Governments,
United Nations bodies, the specialized agencies, intergovernmental and
non-governmental organizations and community-based organizations to provide
the Special Rapporteur with information relevant to the preparation of his
study;
4. Urges the Secretary-General to provide the Special Rapporteur with
all the financial, technical and expert assistance that he may require to
prepare his study and to compile and analyse the information, data, views and
documents collected, including, as appropriate, assistance from consultants
with expertise in the subject;
5. Requests the Secretary-General to provide the Special Rapporteur
with the necessary budgetary allocations to enable him to visit States in
order to gain knowledge of the perspectives of local groups, non-governmental
organizations and Governments on promoting the human right to adequate
housing.
[See chap. II, sect. A, resolution 1993/36,
and chap. IX]
V. Question of the impunity of perpetrators of
violations of human rights
The Commission on Human Rights,
Guided by the principles enshrined in the Charter of the United Nations,
the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and
Political Rights, other relevant human rights instruments and the Geneva
Conventions of 12 August 1949,
Recalling the interdependence and indivisibility of civil and political
rights and economic and social rights,
Convinced that the increasingly widespread practice worldwide of impunity
for perpetrators of violations of human rights is a fundamental obstacle to
the observance of human rights,
Taking note of resolution 1993/37 of 26 August 1993 of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities,
1. Welcomes the interim report (E/CN.4/Sub.2/1993/6) prepared by
Mr. El Hadji Guissé and Mr. Louis Joinet pursuant to resolution 1992/23
of 27 August 1992 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities;
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2. Endorses the Sub-Commission’s request to Mr. Guissé and Mr. Joinet
to submit a report, including conclusions and recommendations, on the first
aspect of the question of impunity, with respect to civil and political
rights, to the Sub-Commission at its forty-sixth session and to continue their
study on the second aspect of the question, concerning economic, social and
cultural rights;
3. Requests the Secretary-General to provide the Special Rapporteurs
with any assistance required by them to be able to discharge their task;
4. Recommends the following draft resolution to the Economic and
Social Council for adoption:
The Economic and Social Council, taking note of Commission on
Human Rights resolution 1994/... of .. 1994, approves the Commission’s
endorsement of the Sub-Commission’s request, contained in its
resolution 1993/37, of 26 August 1993, to Mr. El Hadji Guissé and
Mr. Louis Joinet to prepare a report on the first aspect of the question of
the impunity of perpetrators of violations of human rights, and also approves
the Commission’s request to the Secretary-General to provide the Special
Rapporteurs with any assistance required by them to be able to discharge their
task.
[See chap. II, sect. A, resolution 1993/37,
and chap. V]
VI. Independence of the judiciary, particularly with regard
to judges and lawyers, as well as court officers
The Commission on Human Rights,
Guided by the principles enshrined in articles 7, 8, 10 and 11 of the
Universal Declaration of Human Rights and in articles 2, 14 and 26 of the
International Covenant on Civil and Political Rights,
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 shall be no discrimination in the
administration of justice,
Taking note of resolution 1993/39 of 26 August 1993 of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities,
1. Welcomes the final report on the independence of the judiciary and
the protection of practising lawyers (E/CN.4/Sub.2/1993/25), prepared by the
Special Rapporteur, Mr. Louis Joinet;
2. Endorses the recommendation by the Sub-Commission to create a
monitoring mechanism to follow up the question of the independence and
impartiality of the judiciary, particularly with regard to judges and lawyers,
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as well as court officers, and the nature of problems liable to attack this
independence and impartiality, and recommends also that this take the form of
a special rapporteur whose mandate could consist of the following tasks:
(a) To submit any allegations transmitted to the special rapporteur to
adversarial examination;
(b) To identify and record attacks on the independence of the judiciary
and to provide technical assistance when so requested;
(c) To study, for the purpose of making proposals, certain questions of
principle, inter alia justice and the fight against serious crime (including
terrorism and drug trafficking), justice and situations of emergency, justice
and the media, and the status of the prosecuting authority, which, in view of
their importance and topicality, are priority matters;
3. Recommends the following draft decision to the Economic and Social
Council, for adoption:
The Economic and Social Council,
Taking note of Commission on Human Rights resolution 1994/...
of ... 1994, endorses the decision of the Commission to confirm the proposal
of the Sub-Commission to create a monitoring mechanism to follow up the
question of the independence and impartiality of the judiciary, in particular
with regard to judges and lawyers, as well as court officers, and the nature
of problems liable to attack this independence and impartiality, and that this
take the form of a special rapporteur whose mandate could consist of the
following tasks:
(a) To submit any allegations transmitted to the special rapporteur to
adversarial examination;
(b) To identify and record attacks on the independence of the judiciary
and to provide technical assistance when so requested;
(c) To study, for the purpose of making proposals, certain questions of
principle, inter alia justice and the fight against serious crime (including
terrorism and drug trafficking), justice and situations of emergency, justice
and the media, and the status of the prosecuting authority, which, in view of
their importance and topicality, are priority matters;
The Council also approves the request made by the Commission to the
Secretary-General to provide the special rapporteur with all the assistance
necessary for the completion of his task.
[See chap. II, sect. A, resolution 1993/39,
and chap. XII]
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B. Draft decisions
1. Report of the Working Group on Contemporary Forms of Slavery
The Commission on Human Rights, noting resolution 1993/5 of
20 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the decision of the Sub-Commission to
appoint Mrs. Halima Embarek Warzazi as Special Rapporteur to update the report
of Mr. Boudhiba and to extend the study to the problem of debt bondage, and to
keep the question of debt bondage under consideration and to assess the
progress achieved, with a view to the elimination of this intolerable
practice.
[See chap. II, sect. A, resolution 1993/5,
and chap. XVI]
2. Slavery and slavery-like practices during wartime
The Commission on Human Rights, noting resolution 1993/24
of 25 August 1993 of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities, endorses the decision to entrust
Mrs. Linda Chavez, as Special Rapporteur, with the task of undertaking an
in-depth study on the situation of systematic rape, sexual slavery and
slavery-like practices during wartime, including in particular internal armed
conflict, and its request to her to submit the results of the study to the
Working Group on Contemporary Forms of Slavery at its nineteenth session;
and recommends the following draft decision to the Economic and Social Council
for adoption:
"The Economic and Social Council taking note of Commission on Human
Rights resolution 1994/... of ... 1994, approves the Commission’s
endorsement of the appointment for a two-year period of Mrs. Linda Chavez
as Special Rapporteur on the situation of systematic rape, sexual slavery
and slavery-like practices during wartime, including, in particular,
internal armed conflict, and requests the Secretary-General to provide
the Special Rapporteur with all the assistance necessary to complete her
study."
[See chap. II, sect. A, resolution 1993/24,
and chap. XVI]
3. The right to a fair trial
The Commission on Human Rights, noting resolution 1993/26 of
25 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, expresses its appreciation to the Special
Rapporteurs, Mr. Stanislav Chernichenko and Mr. William Treat, for their work
on the study entitled "The right to a fair trial: current recognition and
measures necessary for its strengthening"; endorses the request to the Special
Rapporteurs to continue their study, taking into account, inter alia, the
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comments made in the discussion of their preparatory, preliminary and progress
reports, and to submit to the Sub-Commission, at its forty-sixth session, a
final report which should include a set of conclusions and recommendations
aimed at guaranteeing under all circumstances the right to a fair trial and a
remedy; and recommends the following draft decision to the Economic and Social
Council for adoption:
"The Economic and Social Council, recalling its decision 1993/291
of 20 July 1993, approves the endorsement by the Commission on Human
Rights of the request of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities to Mr. Stanislav Chernichenko
and Mr. William Treat to submit their final report on the right to a fair
trial, as described in Sub-Commission resolution 1993/26 of
25 August 1993, and requests the Secretary-General to provide the Special
Rapporteurs with all the assistance necessary, including a technical
meeting of experts for three days, to enable them to carry out their work
successfully."
[See chap. II, sect. A, resolution 1993/26,
and chap. XI]
4. Recognition of gross and large-scale violations of
human rights as an international crime
The Commission on Human Rights, noting resolution 1993/30
of 25 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the recommendation to appoint
Mr. Stanislav Chernichenko as Special Rapporteur to prepare a report on the
recognition of gross and large-scale violations of human rights perpetrated on
the orders of Governments or sanctioned by them as an international crime, and
requests the Secretary-General to provide the Special Rapporteur with all the
assistance necessary for the completion of his task.
[See chap. II, sect. A, resolution 1993/30,
and chap. V]
5. Human rights and the environment
The Commission on Human Rights, noting resolution 1993/32 of
25 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the request of the Sub-Commission to
Ms. Fatma Zohra Ksentini, Special Rapporteur on human rights and the
environment, to prepare a final report, including a set of conclusions and
recommendations aimed at developing basic principles and guidelines with
respect to human rights and the environment. The Commission also endorses the
request to the persons chairing human rights treaty monitoring bodies to
include the question of the right to environment on the agenda of their next
meeting and, if they so wish, to invite the Special Rapporteur to participate
in that meeting. The Commission further endorses the request to the
Secretary-General to organize an expert meeting prior to the preparation of
the final report in order to formulate recommendations on the way in which the
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right to environment could be incorporated in the activities of human rights
bodies, as well as the request to the Secretary-General to provide the Special
Rapporteur with all the assistance she may require for the preparation of her
study and the necessary assistance to hold consultations with appropriate
United Nations bodies, specialized agencies and intergovernmental development
organizations, and to compile and analyse the information and documents
collected.
[see chap. II, sect. A, resolution 1993/32,
and chap. V]
6. Traditional practices affecting the health of
women and children
The Commission on Human Rights, noting resolution 1993/33
of 25 August 1993 of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities, endorsed the recommendation of the
Sub-Commission that:
(a) The subject of harmful traditional practices affecting the health
of women and children be maintained on the agenda of the Sub-Commission in so
far as they constitute violations of human rights within the meaning of the
relevant provisions of the International Bill of Human Rights and many other
international instruments, in particular the Convention on the Rights of the
Child;
(b) The mandate of the Special Rapporteur, Ms. Halima Embarek Warzazi,
be extended for one year so as to enable her to submit to the Sub-Commission
at its forty-sixth session a plan of action for the elimination of harmful
traditional practices affecting the health of women and children, and a report
on the regional seminar to take place in Asia;
(c) The Centre for Human Rights provide all the assistance that the
Special Rapporteur may require in the exercise of her mandate.
[See chap. II. sect. A, resolution 1993/33,
and chap. V]
7. Human rights dimensions of population transfer,
including the implantation of Settlers
and Settlements
The Commission on Human Rights, noting resolution 1993/34 of
25 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses:
(a) The request to Mr. Awn Shawkat Al-Khasawneh, as Special Rapporteur,
to continue the study on the human rights dimensions of population transfer,
including the implantation of settlers and settlements;
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(b) The invitation to request the Secretary-General to organize a
multidisciplinary expert seminar on the human rights dimensions of population
transfer, including the implantation of settlers and settlements, prior to the
preparation of the final report, in order to formulate appropriate final
conclusions and recommendations;
(c) The request to the Secretary-General to invite Governments,
United Nations bodies and intergovernmental and non-governmental organizations
concerned to provide the Special Rapporteur with information relevant to the
preparation of his reports;
(d) The invitation to request the Special Rapporteur to undertake
on-site visits to diverse, ongoing cases of population transfer selected on
the basis of information received for the next report.
[See chap. II, sect. A, resolution 1993/34,
and chap. IX]
8. Question of the implications for human rights of United Nations
action, including humanitarian assistance in addressing
international humanitarian problems and in the promotion and
protection of human rights
The Commission on Human Rights, taking note of resolution 1993/38
of 26 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the Sub-Commission’s request to appoint
Mrs. Claire Palley as Special Rapporteur on the question of the various
modalities of the possibility of United Nations action under the Charter,
relating to humanitarian assistance when addressing humanitarian problems,
taking into account the principle of non-intervention and other principles of
general international law enshrined therein and the need to develop further
international cooperation in the humanitarian field and the promotion and
protection of human rights, also endorses the Sub-Commission’s request to the
Secretary-General to provide the Special Rapporteur with all the necessary
assistance, including the resources required, to complete her study and
proposes the following draft decision to the Economic and Social Council for
adoption:
"The Economic and Social Council endorses Commission on Human
Rights decision 1994/... of ... 1994 to authorize the appointment of
Mrs. Claire Palley as Special Rapporteur on the question of the various
modalities of the possibility of United Nations action under the Charter
relating to humanitarian assistance when addressing humanitarian
problems, taking into account the principle of non-intervention and other
principles of general international law enshrined therein and the need to
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develop further international cooperation in the humanitarian field and
the promotion and protection of human rights, and also endorses the
Sub-Commission’s request to the Secretary-General to provide the Special
Rapporteur with all the necessary assistance, including the resources
required, to complete her study."
[See chap. II, sect. A, resolution 1993/38,
and chap. XX]
9. Human rights and income distribution
The Commission on Human Rights, noting resolution 1993/40 of
26 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the decision of the Sub-Commission to
entrust Mr. Asbjørn Eide with the task of producing, without financial
implications, a preparatory document on the relationship between the enjoyment
of human rights, in particular economic, social and cultural rights, and
income distribution, at both national and international levels, taking also
into account matters related to the realization of the right to development,
with a view to determining how most effectively to strengthen activities in
this field.
[See chap. II, sect. A, resolution 1993/40,
and chap. IX]
10. Protection of minorities
The Commission on Human Rights, noting resolution 1993/43 of
26 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the decision of the Sub-Commission to
consider at its next session, the follow-up to be given to the report,
including the feasibility and usefulness of the preparation of a more
comprehensive programme for the prevention of discrimination and protection of
minorities, and to entrust Mr. Asbjørn Eide with the task of preparing,
without financial implications, a working paper containing suggestions for
such a programme.
[See chap. II, sect. A, resolution 1993/43,
and chap. XVIII]
11. Cultural and intellectual property of indigenous peoples
The Commission on Human Rights, noting resolution 1993/44 of
26 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the request to the Special Rapporteur,
Mrs. Erica-Irene A. Daes, to expand her study on the protection of the
cultural and intellectual property of indigenous peoples with a view to
elaborating draft principles and guidelines for the protection of the heritage
of the indigenous peoples and to submit a preliminary report to the
Sub-Commission at its forty-sixth session; requests the Secretary-General to
provide the Special Rapporteur with all the assistance necessary for the
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accomplishment of her task; decides that the title of the study should be
"Protection of the heritage of the indigenous peoples"; and recommends the
following draft decision to the Economic and Social Council for adoption:
"The Economic and Social Council, noting decision 1994/... of
... February 1994 of the Commission on Human Rights, welcomes the study
by the Special Rapporteur, Mrs. Erica-Irene A. Daes, on the protection of
the cultural and intellectual property of indigenous peoples
(E/CN.4/Sub.2/1993/28); authorizes her to update and expand the study
with a view to elaborating draft principles and guidelines on the
protection of the heritage of indigenous peoples; requests her to submit
her preliminary report to the Sub-Commission at its forty-sixth session;
requests the Secretary-General to provide the Special Rapporteur with all
necessary assistance to accomplish her work; and approves the new title
of the study, ’Protection of the heritage of the indigenous peoples’."
[See chap. II, sect. A, resolution 1993/44,
and chap. XV.]
12. Working Group on Indigenous Populations
The Commission on Human Rights, noting resolution 1993/45
of 26 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, decides to recommend to the Economic and Social
Council:
(a) That it approve the holding of a seminar on indigenous land rights
and claims, in which representatives of indigenous peoples, Governments and
experts will participate, to be organized in 1994;
(b) That it approve the participation of the Chairperson-Rapporteur of
the Working Group on Indigenous Populations of the Sub-Commission,
Mrs. Erica-Irene A. Daes, at the closing ceremony of the International Year of
the World’s Indigenous People, which will take place in New York;
(c) That it approve the annual report of the Working Group being made
more widely available by being issued as a United Nations sales publication.
[See chap. II, sect. A, resolution 1993/45,
and chap. XV.]
13. Question of the privatization of prisons
The Commission on Human Rights, noting decision 1993/109 of
25 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, authorizes the Sub-Commission at its forty-sixth
session to appoint one of its members to undertake a special study, inter alia
on all the issues mentioned in chapter IV of the outline prepared by
Mrs. Claire Palley (E/CN.4/Sub.2/1993/21).
[See chap. II, sect. B, decision 1993/109,
and chap. XI.]
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14. Study on treaties, agreements and other constructive
arrangements between States and indigenous populations
The Commission on Human Rights, noting decision 1993/110 of
26 August 1993 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, authorizes the Sub-Commission to reiterate its
request to the Special Rapporteur to submit a second progress report on the
study to the Working Group at its twelfth session and to the Sub-Commission at
its forty-sixth session, and also to request the Secretary-General to give the
Special Rapporteur all the assistance necessary to allow him to continue his
work, in particular by providing for the specialized research assistance
required and for the necessary trips to Geneva for consultation with the
Centre for Human Rights. The Commission on Human Rights requests the Economic
and Social Council to endorse the above-mentioned decision of the
Sub-Commission.
[See chap. II, sect. B, decision 1993/110,
and chap. XI.]
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II. RESOLUTIONS AND DECISIONS ADOPTED BY THE SUB-COMMISSION
AT ITS FORTY-FIFTH SESSION
A. Resolutions
1993/1. Monitoring the eradication of apartheid and
the transition to democracy in South Africa
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling the Declaration on Apartheid and its Destructive Consequences
in Southern Africa, contained in the annex to resolution S-16/1, adopted
without a vote by the General Assembly on 14 December 1989, which, inter alia,
called for negotiations in a climate free of violence,
Recalling also its resolutions 1991/1 of 20 August 1991 and 1992/6 of
21 August 1992,
Recalling further Commission on Human Rights resolutions 1992/20 of
28 February and 1993/19 of 26 February 1993,
Recalling General Assembly resolution 47/116 of 18 December 1992,
Having considered the preliminary report (E/CN.4/Sub.2/1993/11) submitted
by the Special Rapporteur, Mrs. Judith Sefi Attah,
Deeply concerned at the impediments to the democratization of
South Africa as reported by the Special Rapporteur, amongst which are violence
and inequality in the enjoyment of socio-economic rights in South Africa,
Noting the facilitating role of the international community in the
democratization process in South Africa,
Noting also the useful recommendations made by the Special Rapporteur in
her preliminary report,
1. Expresses it appreciation to the Special Rapporteur for the
accurate and useful information contained in her preliminary report;
2. Decides to transmit the report to the Commission on Human Rights
for consideration at its fiftieth session;
3. Requests the Secretary-General to bring the report to the attention
of the Government of South Africa;
4. Also requests the Secretary-General to contact the Government of
South Africa with a view to enabling the Special Rapporteur to undertake a
special mission to South Africa during the period of preparation of her next
report;
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5. Requests the Special Rapporteur to submit her second report to the
Sub-Commission at its forty-sixth session;
6. Requests the Secretary-General to provide the Special Rapporteur
with all the assistance necessary to carry out her mandate, including ensuring
that the Special Rapporteur travels to South Africa for an on-the-spot
familiarization with the dynamics of the transition process as they affect the
enjoyment of the fundamental human rights of the people;
7. Decides to consider the issue of monitoring the eradication of
apartheid and the transition to democracy in South Africa as a matter of
priority at its forty-sixth session.
17th meeting
13 August 1993
[Adopted without a vote. See chap. VI.]
1993/2. Elimination of all forms of intolerance and of
discrimination based on religion or belief
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Conscious of the need to enhance and encourage understanding, tolerance
and respect in matters relating to freedom of religion and belief,
Recalling the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief, proclaimed by the
General Assembly in its resolution 36/55 of 25 November 1981,
Taking into account the successive reports of the Special Rapporteur of
the Commission on Human Rights, Mr. Angelo Vidal d’Almeida Ribeiro
(E/CN.4/1989/44, E/CN.4/1990/46 and E/CN.4/1991/56), the report of its own
Special Rapporteur, Ms. Elizabeth Odio Benito (E/CN.4/Sub.2/1987/26) and the
working paper prepared by Mr. Theo van Boven (E/CN.4/Sub.2/1989/32), a former
member of the Sub-Commission,
Considering that, in the Vienna Declaration and Programme of Action, the
World Conference on Human Rights called upon all Governments to take all
appropriate measures to counter intolerance and violence based on religion or
belief and to put into practice the provisions of the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief,
Recalling its resolution 1989/23 of 31 August 1989, wherein it reaffirmed
its willingness and interest to make a further contribution to activities
which might be considered by the Commission on Human Rights as a further means
of strengthening international efforts to promote and protect the right to
freedom of thought, conscience, religion and belief,
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Also recalling Commission on Human Rights resolution 1993/25
of 5 March 1993 in which the Commission expressed its belief that further
efforts were required to promote and protect the right to freedom of thought,
conscience, religion and belief and to eliminate all forms of hatred,
intolerance and discrimination based on religion or belief,
Noting with concern the renewed outbreak of serious acts of intolerance,
discrimination and violence, especially against women and intellectuals,
caused in particular by religious extremism,
Convinced that religious extremism represents a genuine threat to the
security of nations, the stability of institutions and peace among peoples,
Emphasizing the important role of education in ensuring tolerance with
respect to other people and promoting and protecting freedom of religion and
belief,
1. Reaffirms that freedom of thought, conscience, religion and belief
is a human right derived from the inherent dignity of the human person and
guaranteed to all without discrimination;
2. Welcomes the intention of the Human Rights Committee to make
available soon a general comment on article 18 of the International Covenant
on Civil and Political Rights, dealing with freedom of thought, conscience and
religion;
3. Recognizes the importance of building understanding and respect
between persons of diverse religions or beliefs and the particular need for
communication and education within and among movements, groups, associations
and other constituencies based on religion or belief;
4. Reaffirms its willingness to make a further contribution to
activities which may be considered by the Commission on Human Rights as a
further means of strengthening international efforts to promote and protect
the right to freedom of thought, conscience, religion and belief;
5. Renews its recommendation to the Commission on Human Rights that it
give due consideration to the organization, in cooperation with the
United Nations Educational, Scientific and Cultural Organization, the
United Nations University, interested intergovernmental and non-governmental
organizations and academic and research institutions, of a global consultation
on the positions and approaches of different religions and beliefs to human
rights and fundamental freedoms.
17th meeting
13 August 1993
[Adopted without a vote. See chap. XIV.]
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1993/3. Measures to combat racism and racial discrimination
and the role of the Sub-Commission
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1992/5 of 21 August 1992 and Commission on Human
Rights resolution 1993/20 of 2 March 1993,
Mindful of General Assembly resolution 45/105 of 14 December 1990, in
which the Assembly declared once again that all forms of racism and racial
discrimination, particularly in their institutionalized form, such as
apartheid, or resulting from official doctrines of racial superiority or
exclusivity, were among the most serious violations of human rights in the
contemporary world and must be combated by all available means,
Sharing the concern expressed by the Commission that in many parts of the
world, despite all efforts, racism, racial discrimination, xenophobia and
related intolerance and acts of violence resulting therefrom persist and
appear to be on the rise, among them manifestations occurring particularly in
developed countries,
Reiterating its great concern about the consequences of increasing racism
and xenophobia directed against migrant workers, and underlining the
importance of early ratification by all States concerned of the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families,
Reiterating also that the scourges of racism and racial discrimination
are continuously assuming new forms, requiring a periodic re-examination of
the methods used to combat them,
Concerned that in many parts of the world members of vulnerable ethnic,
cultural and linguistic groups are suffering from discrimination and
discriminatory treatment,
Noting the importance, in the struggle against racism and racial
discrimination, of a complementarity of economic, social, educational and
information measures at the national level, including legislative,
administrative and penal measures, and of measures taken at the international
level, as confirmed by the Commission on Human Rights in paragraph 4 of its
resolution 1993/20,
Noting also the recognition expressed by the Commission, in paragraph 5
of that resolution, of the important role that can be played in this regard by
the Sub-Commission,
1. Welcomes the appointment by the Commission on Human Rights, for a
three-year period, of a special rapporteur on contemporary forms of racism,
racial discrimination and xenophobia and related intolerance;
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2. Recommends that the Special Rapporteur carry out his mandate by
examining situations in the various regions of the world, beginning with
incidents which are increasing in the developed countries, as well as theories
and attitudes of racial superiority which incite them;
3. Also recommends that the Special Rapporteur be invited to address
the Sub-Commission at its forty-sixth session to present his report there
also;
4. Further recommends that arrangements be made for the convening, on
that occasion, of a joint meeting between the Sub-Commission and the Committee
on the Elimination of Racial Discrimination, with a view to the elaboration of
recommendations concerning the comprehensive measures envisaged in paragraph 4
of Commission resolution 1993/20;
5. Requests the Secretary-General to prepare, for that meeting, a
report containing a survey of efforts made by different United Nations bodies
to prevent and combat racism, racial discrimination, xenophobia and related
intolerance, together with proposals on how these efforts can be strengthened
and better coordinated.
19th meeting
16 August 1993
[Adopted without a vote. See chap. VI.]
1993/4. Methods of work of the Sub-Commission
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1992/8 of 26 August 1993 and the guidelines
annexed thereto concerning its methods of work, which are being applied from
the present session,
Noting with satisfaction that the Commission on Human Rights, in its
resolution 1993/28 of 5 March 1993, took note with appreciation of the
significant steps taken by the Sub-Commission to rationalize and streamline
its work,
Noting the invitation addressed by the Commission to the Sub-Commission,
in paragraph 5 of resolution 1993/28, to continue its consideration of ways in
which its work should be improved,
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1. Decides to convene, during its forth-sixth session, a sessional
working group to continue the study of its methods of work, with particular
emphasis on the methods to be used and procedures to be followed under item 6
of its agenda concerning the violation of human rights and fundamental
freedoms, as well as on the means to ensure the follow-up of recommendations
and conclusions of studies undertaken under the auspices of the
Sub-Commission.
26th meeting
20 August 1993
[Adopted without a vote. See chap. IV.]
1993/5. Report of the Working Group on Contemporary
Forms of Slavery
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Taking note of the report of the Working Group on Contemporary Forms of
Slavery on its eighteenth session (E/CN.4/Sub.2/1993/30),
Deeply concerned at the information it contains relating to the traffic
in persons and the exploitation of the prostitution of others, the sale of
children, child prostitution and child pornography, the exploitation of child
labour, debt bondage, the removal of organs, the slavery-like practices of
apartheid and colonialism, and the phenomenon of child soldiers,
1. Expresses its appreciation to the Working Group on Contemporary
Forms of Slavery for its valuable work, in particular for its continued broad
approach and flexible methods of work;
I. SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
A. Special Rapporteur on the sale of children,
child prostitution and child pornography
2. Expresses its thanks to the Special Rapporteur on the sale of
children, child prostitution and child pornography for participating in the
eighteenth session of the Working Group;
3. Requests the Centre for Human Rights to transmit the report of the
Working Group to the Special Rapporteur;
4. Invites the Special Rapporteur to participate in the nineteenth
session of the Working Group;
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B. Programme of Action for the Prevention of the Sale of
Children, Child Prostitution and Child Pornography
5. Encourages all Governments to consider, in the context of the
Programme of Action for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography, the creation of programmes aimed at the
social rehabilitation of all persons involved in prostitution, and of children
in particular;
6. Takes note of the information on the state of implementation of the
Programme of Action submitted by States, specialized agencies and
non-governmental organizations contained in the report of the Working Group
submitted pursuant to paragraph 6 of Sub-Commission resolution 1992/2 of
14 August 1992 (E/CN.4/Sub.2/1993/31 and Add.1);
7. Decides, in accordance with its resolution 1992/2, to transmit that
report to the Commission on Human Rights at its fiftieth session;
C. Removal of organs from children
8. Requests, as a matter of urgency, the Secretary-General to invite
again all Governments, United Nations bodies, including the United Nations
Children’s Fund, the specialized agencies, in particular the World Health
Organization, the International Criminal Police Organization (INTERPOL) and
all relevant non-governmental organizations to pursue in-depth investigations
of allegations concerning the removal of organs from children and to indicate
the measures taken, if any, to counteract this practice wherever it exists,
with a view to reporting thereon to the Working Group at its nineteenth
session;
II. EXPLOITATION OF CHILD LABOUR AND DEBT BONDAGE
9. Welcomes the adoption by the Commission on Human Rights in its
resolution 1993/79 of 10 March 1993 of the Programme of Action for the
Elimination of the Exploitation of Child Labour;
10. Requests the Secretary-General, in accordance with Commission on
Human Rights resolution 1993/79, to invite all States to inform the Working
Group of measures adopted or to be adopted in the near future to implement the
Programme of Action;
11. Requests the Working Group to examine at its nineteenth session the
state of implementation of the Programme of Action and to transmit a report
thereon, through the Sub-Commission, to the Commission;
12. Takes note with satisfaction of Commission on Human Rights
decision 1993/112 of 10 March 1993 authorizing the Sub-Commission to consider
the possibility of appointing a special rapporteur to update the report of
Mr. Abdelwahab Bouhdiba (E/CN.4/Sub.2/479), and to extend that study to the
problem of debt bondage;
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13. Decides to appoint Mrs. Halima Embarek Warzazi as Special
Rapporteur to update the report of Mr. Boudhiba and to extend the study to
the problem of debt bondage;
14. Decides to keep the question of debt bondage under consideration
and to assess the progress achieved, with a view to the elimination of this
intolerable practice;
III. CHILD SOLDIERS
15. Expresses its deep concern that in many parts of the world children
are recruited into armed forces and that some Governments and non-governmental
entities encourage and sometimes compel children to take part in hostilities;
16. Requests the Working Group to continue to give attention to this
question at its nineteenth session;
IV. PREVENTION OF TRAFFIC IN PERSONS AND EXPLOITATION
OF THE PROSTITUTION OF OTHERS
17. Recommends that the Commission on Human Rights examine the draft
programme of action for the prevention of traffic in persons and exploitation
of the prostitution of others at its fiftieth session;
18. Requests the Secretary-General to continue to seek the views of
States concerning the draft programme of action for submission to the
Commission at its fiftieth session;
19. Requests the Secretary-General to convey to the World Tourism
Organization the Working Group’s grave concern at the information received
during its eighteenth session with regard to the persistence and the
development of sex tourism;
20. Encourages all Governments to establish specific projects for the
protection of the victims of traffic in persons and of prostitution from the
risk of contamination with the human immunodeficiency virus and the spreading
of acquired immunodeficiency syndrome;
21. Urges States to introduce and reinforce education programmes
alerting children to the risks of sexual exploitation and the consequences for
individuals and for society of such exploitation;
22. Requests all Governments to develop programmes in support of the
family, especially as part of the International Year of the Family;
23. Recommends that States take urgent measures designed to protect
minors from exposure to or involvement in child pornography, particularly in
relation to sex tourism, and requests the Secretary-General to invite States
to provide information on measures taken or already applicable;
24. Recommends that in all States national bodies for the prevention of
prostitution be established which could assist in the rehabilitation and
reintegration of victims of prostitution;
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V. MACHINERY FOR MONITORING THE INTERNATIONAL
CONVENTIONS ON SLAVERY
25. Recommends that the Secretary-General again request the States
parties to the international conventions on slavery to submit to the
Sub-Commission, at regular intervals, reports on the situation in their
countries;
26. Requests the Secretary-General again to invite annually States
which have not acceded to or have not ratified the international conventions
on slavery to explain why they have not done so and to report on their replies
to the Sub-Commission and to the Commission, and to extend a similar
invitation to States which have not ratified the International Labour
Organisation conventions on forced labour;
27. Recommends that Governments avail themselves of the possibility of
requesting assistance under the United Nations programme of advisory services
in the field of human rights and the technical assistance programmes of the
specialized agencies, in particular that of the International Labour Office;
28. Urges the specialized agencies to give particular attention to
poverty as a factor leading to or perpetuating slavery and slavery-like
practices and to include in their technical assistance programmes activities
designed to eliminate slavery and slavery-like practices;
VI. UNITED NATIONS TRUST FUND ON CONTEMPORARY FORMS OF SLAVERY
29. Appeals to all Governments, governmental and non-governmental
organizations, private institutions and individuals to respond favourably to
requests for contributions to the United Nations Trust Fund on Contemporary
Forms of Slavery, and urges them to publicize the establishment and function
of the Trust Fund, so as to increase general awareness of its existence;
30. Invites a representative of the Trust Fund to attend the nineteenth
session of the Working Group;
VII. MIGRANT WORKERS
31. Notes that in recent years many countries have been running their
development programmes, as well as the day-to-day maintenance of essential
services, with the help of a foreign migrant labour force and that foreign
workers are often subject to rules and regulations which are discriminatory
and prejudicial to dignified living, forcing them to live separately from
their spouse and their minor children, sometimes for extended periods;
32. Invites countries to ratify the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families,
adopted by the General Assembly in its resolution 45/158 of 18 December 1990;
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VIII. MISCELLANEOUS
33. Welcomes the decision of the Working Group to include consideration
of the practice of incest on the agenda of its nineteenth session and to
consider ways to combat this form of slavery, and urges that adequate help be
offered to victims of such practices;
34. Takes note of the decision of the Working Group to transmit the
information received at its eighteenth session on the sexual exploitation of
women, as well as other forms of forced labour during wartime, to the Special
Rapporteur on the right of restitution, compensation and rehabilitation for
victims of gross violations of human rights and fundamental freedoms and to
the Sub-Commission for their consideration;
35. Requests the Secretary-General to seek the views and suggestions of
Member States and of governmental and non-governmental organizations on
proposals for future action by the Working Group, with a view to the
consideration of their replies by the Working Group at its forthcoming
sessions;
36. Appeals to all Governments to send representatives to the meetings
of the Working Group on Contemporary Forms of Slavery;
37. Encourages youth organizations and young persons from various
non-governmental organizations to participate in the meetings of the Working
Group;
38. Welcomes the decision of the Working Group to give particular
attention to the issue of street children at its next sessions;
39. Recommends that arrangements regarding the organization of the
sessions of the Working Group, as endorsed by the Commission on Human Rights
in its resolution 1993/27 of 5 March 1993 and decision 1993/112 of
10 March 1993, be repeated in subsequent years;
40. Recommends that the Human Rights Committee, the Committee on
Economic, Social and Cultural Rights, the Committee on the Elimination of
Discrimination against Women and the Committee on the Rights of the Child,
when examining the periodic reports of States parties, give particular
attention to the implementation of, respectively, articles 8 and 24 of the
International Covenant on Civil and Political Rights, articles 10, 12 and 13
of the International Covenant on Economic, Social and Cultural Rights,
article 6 of the Convention on the Elimination of All Forms of Discrimination
against Women and articles 32, 34 and 36 of the Convention on the Rights of
the Child, with a view to combating contemporary forms of slavery;
41. Also recommends that the supervisory bodies of the International
Labour Organisation and the Committee on Conventions and Recommendations of
the United Nations Educational, Scientific and Cultural Organization give
particular attention in their work to the implementation of provisions and
standards designed to ensure the protection of children and other persons
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page 32
exposed to contemporary forms of slavery, such as the sale of children, child
prostitution and child pornography, the exploitation of child labour, bonded
labour and the traffic in persons;
42. Requests the Secretary-General to transmit to the above-mentioned
committees, the special rapporteurs concerned and the Working Group on
Enforced or Involuntary Disappearances the present resolution, as well as the
report of the Working Group on its eighteenth session, drawing their attention
to the recommendations contained therein of relevance to them;
43. Again requests the Secretary-General to reassign to the Working
Group a full-time Professional staff member of the Centre for Human Rights,
as was the case in the past, to work on a permanent basis to ensure continuity
and close coordination within and outside the Centre for Human Rights on
issues relating to contemporary forms of slavery, to prepare documentation
well in advance, and facilitate the representation at sessions of the Working
Group of the largest possible number of intergovernmental and non-governmental
organizations with competence in the fields examined, and to report on the
measures taken for this purpose to the Commission on Human Rights at its
fiftieth session and to the Working Group on Contemporary Forms of Slavery at
its nineteenth session;
44. Again requests the Secretary-General to designate the Centre for
Human Rights as the focal point for the coordination of activities in the
United Nations for the suppression of contemporary forms of slavery and to
report on the measures taken for this purpose to the Commission on Human
Rights at its fiftieth session and to the Working Group on Contemporary Forms
of Slavery at its nineteenth session.
26th meeting
20 August 1993
[Adopted without a vote. See chap. XVI.]
1993/6. Additional assistance in studying ways and means of resolving
problems arising from the former institution of slavery
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recognizing that slavery cannot be effectively abolished by legislation
alone,
Welcoming the efforts of Governments to ensure development in areas with
a sizeable population of former slaves and their descendants,
Having regard to the fact that in order truly to recover their freedom
former slaves must be given economic and other means to enjoy their
fundamental rights and liberties,
Concerned that a large number of former slaves and their descendants are
still suffering grave consequences from, and are still subject to, practices
similar to slavery,
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page 33
Aware that projects designed to assist former slaves and their
descendants in recovering and enjoying their rights and liberties will be
successful if they are based on a thorough knowledge of the issues and
problems and if they are designed in consultation with the former slaves and
their descendants themselves,
1. Calls upon those Governments concerned, academics and social
scientists and international non-governmental organizations to undertake and
carry through social science research projects to investigate all aspects of
slavery and slavery-like practices for the purpose of finding ways to
eradicate the phenomenon;
2. Calls upon the Economic Commission for Africa, the United Nations
Development Programme, the United Nations Educational, Scientific and Cultural
Organization and other United Nations bodies and specialized agencies and
donor countries to support and assist in the implementation of such research
projects and development plans.
26th meeting
20 August 1993
[Adopted without a vote. See chap. XVI.]
1993/7. Working Group on Contemporary Forms of Slavery
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling Commission on Human Rights resolution 1989/35 of 6 March 1989,
in which the Commission requested the Secretary-General to undertake a study
on the ways and means by which an effective mechanism might be established for
the implementation of the Conventions on slavery,
Recalling the study prepared by the Secretary-General pursuant to the
above request (E/CN.4/Sub.2/1989/37),
Recalling Commission on Human Rights resolutions 1990/63 of 7 March 1990,
1991/58 of 6 March 1991, 1992/47 of 3 March 1992 and 1993/27 of 5 March 1993,
in which the Commission, inter alia, encouraged the Sub-Commission, including
its Working Group on Contemporary Forms of Slavery, to continue to elaborate
recommendations on the ways and means of establishing an effective mechanism
for the implementation of the Conventions on slavery,
Conscious of the interest in giving concrete application to the
recommendations formulated by the Working Group and contained in its reports
and to the Programme of Action for the Elimination of the Exploitation of
Child Labour, adopted by the Commission at its forty-ninth session, and the
Programme of Action for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography adopted at its forty-eighth session,
1. Decides to continue its consideration of the question at its
forty-sixth session under the same agenda item;
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2. Recommends the following draft resolution to the Commission on
Human Rights for adoption:
[For the text, see chap. I, sect. A, draft resolution I]
26th meeting
20 August 1993
[Adopted without a vote. See chap. XVI.]
1993/8. Punishment of the crime of genocide
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the purposes and principles of the Charter of the
United Nations, the Universal Declaration of Human Rights and other relevant
international human rights instruments, in particular the Convention on the
Prevention and Punishment of the Crime of Genocide,
Conscious of its responsibility to contribute to the promotion and
encouragement of respect for human rights and fundamental freedoms and to
prevent violations of such rights,
Recalling General Assembly resolution 3074 (XXVIII) of 3 December 1973,
entitled "Principles of international cooperation in the detection, arrest,
extradition and punishment of persons guilty of war crimes and crimes against
humanity",
Welcoming Commission on Human Rights resolution 1992/S-2/1 of
1 December 1992, in which the Commission called on all States to consider the
extent to which acts committed in Bosnia and Herzegovina and in Croatia
constituted genocide, and resolution 1993/7 of 23 February 1993 on the
situation of human rights in the territory of the former Yugoslavia,
Welcoming also General Assembly resolution 47/121 of 18 December 1992, in
which the Assembly stated that the policy of ethnic cleansing was a form of
genocide,
Noting the relevant Security Council resolutions, in particular
resolutions 798 (1992) of 18 December 1992 and 808 (1993) of 22 February 1993,
in which the Council decided that an international tribunal should be
established for the prosecution of persons responsible for serious violations
of international humanitarian law committed in the territory of the former
Yugoslavia,
Aware that in its Order of 8 April 1993 concerning the application of the
Convention on the Prevention and Punishment of the Crime of Genocide, the
International Court of Justice found that circumstances in the territory of
the former Yugoslavia required it to indicate provisional measures for the
protection of rights under the Convention,
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page 35
Taking into account that the Convention on the Prevention and Punishment
of the Crime of Genocide confirms that genocide, whether committed in time of
peace or in time of war, is a crime under international law which States have
undertaken to prevent and to punish,
1. Affirms that all persons who perpetrate or authorize the commission
of genocide and related crimes are individually responsible for such actions
and that those in positions of authority who have failed adequately to ensure
that persons under their control comply with the relevant principles of
international law are accountable along with the perpetrators;
2. Reminds States Members of the United Nations which are parties to
the Convention on the Prevention and Punishment of the Crime of Genocide of
their obligation under article V to enact, in accordance with their respective
Constitutions, the necessary legislation to give effect to the provisions of
that Convention and, in particular, to provide effective penalties for persons
guilty of genocide or any of the other acts proscribed in the Convention;
3. Recalls that under article VI of the Convention persons charged
with genocide or related crimes shall be tried by a competent tribunal of the
State in the territory of which the act was committed, or by such
international penal tribunal as may have jurisdiction;
4. Urges States Members of the United Nations to make every effort to
bring to justice, in accordance with internationally recognized principles of
due process, all those individuals directly or indirectly involved in the
unspeakable crimes committed in Bosnia and Herzegovina, elsewhere in the
territory of the former Yugoslavia or in any other part of the world.
26th meeting
20 August 1993
[Adopted without a vote. See chap. VII.]
1993/9. Situation in Kosovo
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the provisions of the Charter of the United Nations, 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 Discrimination (Employment and Occupation) Convention, the
Convention against Discrimination in Education, the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as the
Basic Principles on the Independence of the Judiciary,
Recalling also its decision 1992/103 of 13 August 1992, concerning the
human rights situation within the territory of the former Yugoslavia,
Recalling further Commission on Human Rights resolution 1992/S-1/1 of
14 August 1992, in which the Commission condemned all violations of human
rights within the territory of the former Yugoslavia and called upon all
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page 36
parties to cease those violations immediately and to take all necessary steps
to ensure full respect for human rights and fundamental freedoms and
humanitarian law,
Recalling Commission on Human Rights resolution 1993/7 of
23 February 1993, in which the Commission demanded that the authorities
of the Federal Republic of Yugoslavia (Serbia and Montenegro) respect the
human rights and fundamental freedoms of ethnic Albanians in Kosovo,
Bearing in mind the fourth report of the Special Rapporteur on
the situation of human rights in the territory of the former Yugoslavia
(E/CN.4/1993/50) which described, inter alia, the various discriminatory
measures taken in the legislative, administrative and judicial areas, summary
executions, acts of violence and arbitrary arrests perpetrated against ethnic
Albanians in Kosovo,
Noting with concern the information contained in the above-mentioned
report of the Special Rapporteur on the situation of human rights in the
territory of the former Yugoslavia, as reflected in Commission on Human Rights
resolution 1993/7, as well as the alarming information issuing from other
reliable sources describing, in particular:
(a) Acts of police violence against ethnic Albanians, arbitrary
searches, seizures and arrests, torture and ill-treatment of detained persons
and discrimination practised in the administration of justice, creating a
climate in which criminal acts are committed, particularly against ethnic
Albanians, with absolute impunity;
(b) Discriminatory dismissals of ethnic Albanian civil servants, in
particular within the police force and the judiciary, the massive dismissals
of ethnic Albanians working in administrative, managerial or other specialized
capacities within State enterprises and public institutions, including, in
particular, teachers in educational institutions now run by Serbs, and the
closure of Albanian secondary schools and universities;
(c) The arbitrary imprisonment of ethnic Albanian journalists, the
banning of Albanian language media outlets and the discriminatory dismissal of
ethnic Albanians working in local radio and television stations;
(d) The dismissal of ethnic Albanian doctors and other medical
professionals and non-professionals working in clinics and hospitals;
(e) The banning of the use of the Albanian language, notably within the
public administration and services,
Considering that these measures and practices constitute a form of ethnic
cleansing,
Deeply concerned by the reports describing the persistence of flagrant
and widespread violations of human rights in Kosovo,
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Gravely concerned at the refusal of the authorities of the Federal
Republic of Yugoslavia (Serbia and Montenegro) on the one hand to facilitate
the task of the Special Rapporteur on the situation of human rights in the
territory of the former Yugoslavia to execute his mandate fully, particularly
in Kosovo, and on the other hand, to allow the Conference on Security and
Co-operation in Europe (CSCE) mission of long duration in Kosovo to continue
its activities,
1. Vigorously condemns the measures and practices of discrimination
and the violations of the human rights of the ethnic Albanians of Kosovo
committed by the authorities of the Federal Republic of Yugoslavia (Serbia and
Montenegro);
2. Urges the authorities of the Federal Republic of Yugoslavia (Serbia
and Montenegro):
(a) To take whatever measures may be necessary to bring the human
rights violations inflicted on the ethnic Albanians of Kosovo to an immediate
halt, including, in particular, the discriminatory measures and practices,
as well as the summary executions, arbitrary detentions and the use of torture
and other cruel, inhuman or degrading treatment;
(b) To revoke all discriminatory legislation, in particular that which
has entered into force since 1990;
(c) To re-establish the democratic institutions of Kosovo;
3. Requests the authorities of the Federal Republic of Yugoslavia
(Serbia and Montenegro):
(a) To facilitate the appointment by the Special Rapporteur on
the situation of human rights in the territory of the former Yugoslavia, in
accordance with paragraph 34 of Commission on Human Rights resolution 1993/7,
of officers mandated to inform him about the evolution of the situation of
human rights, especially in Kosovo;
(b) To allow the CSCE missions of long duration to continue their
activities pursuant to the terms of Security Council resolution 855 (1993)
of 9 August 1993 on the termination of the CSCE monitoring mission.
26th meeting
20 August 1993
[Adopted by secret ballot by 17 votes to 4,
with 3 abstentions. See chap. VII.]
E/CN.4/1994/2
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page 38
1993/10. Situation of human rights in Chad
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the principles embodied in the Charter of the United Nations,
the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights and the International Covenant on Civil
and Political Rights,
Reaffirming that all Member States have the right to promote human rights
and to fulfil their obligations under the various applicable instruments,
Deeply concerned by the serious events that, for several years, have been
taking place in Chad, most recently the massacres that occurred on 4 and
8 August 1993 at Chokoyam and N’Djamena,
Recalling that Chad has ratified the African Charter on Human and
Peoples’ Rights,
Taking into account that the democratization process has been initiated
in Chad through the Sovereign National Conference held at N’Djamena from
15 January to 7 April 1993, which brought together all the vital forces of the
nation,
1. Strongly condemns the gross and continuing violations of human
rights in Chad;
2. Calls upon the authorities of Chad to implement the decisions of
the Sovereign National Conference contained in the transitional Government’s
plan of action;
3. Appeals to the international community to contribute by the
appropriate means and by taking positive measures to enhancing the promotion
and protection of human rights and fundamental freedoms in the country;
4. Decides to keep this matter on the agenda for its
forty-sixth session.
26th meeting
20 August 1993
[Adopted without a vote. See chap. VII.]
1993/11. Situation in South Africa
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling the Declaration on Apartheid and its Destructive Consequences
in southern Africa, adopted by the General Assembly in its resolution S-16/1
of 14 December 1989,
Recalling also all the relevant resolutions of the Commission on Human
Rights, in particular resolution 1993/9 of 26 February 1993,
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page 39
Mindful of General Assembly resolution 33/165 of 20 December 1978 on the
status of persons refusing service in military or police forces used to
enforce apartheid,
Taking note of the decisions of the Council of Ministers of the
Organization of African Unity at its fifty-sixth ordinary session, held at
Dakar from 22 to 28 June 1992, in particular the decision urging the
international community to refrain from establishing official links with
South Africa until the establishment of an interim Government and the holding
of free and fair elections on the basis of a new constitution,
Welcoming the accord of 16 August 1991 between the United Nations and the
Government of South Africa which opened the way for refugees to return to
South Africa and for the release of political prisoners,
Concerned that many political prisoners are still incarcerated, that
political trials of some opponents of apartheid still continue and that not
all political exiles have been allowed to return,
Gravely concerned at the new wave of violence that is further devastating
South Africa and the role of the Government of South Africa in this regard,
Gravely concerned also at the continued military cooperation between
South Africa and some Governments,
Aware of the great courage, perseverance and sacrifices of the people of
southern Africa in the face of aggression and oppression by the Government of
South Africa,
Noting with great concern that the negotiation process within the
framework of the Convention for a Democratic South Africa (CODESA) is
deadlocked because of the refusal by the Government of South Africa to follow
the universally accepted democratic principles for implementing constitutional
change,
Concerned that the violence in South Africa is escalating in spite of the
constant appeals by the international community to end the carnage, which
constitutes a major obstacle to the negotiation process,
Recalling the establishment and launching of the Action for Resisting
Invasion, Colonialism and Apartheid Fund (see A/41/697-S/18392, annex) at the
Eighth Conference of Heads of State or Government of Non-Aligned Countries,
1. Reaffirms that apartheid is a crime against humanity;
2. Also reaffirms the right of all persons to refuse service in
military or police forces when they are used to enforce apartheid;
3. Strongly condemns the perpetrators of the violence that continues
to devastate South Africa and denounces the Government of South Africa for its
failure to act to stop the violence;
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page 40
4. Calls upon the South African authorities to exercise effectively
their responsibility to maintain law and order, to stop the violence, to
prosecute its perpetrators and to protect all citizens, irrespective of their
political affiliation;
5. Reiterates the call contained in the Declaration on Apartheid and
its Destructive Consequences in southern Africa for, inter alia, the
unconditional release of all political prisoners and detainees by the
Government of South Africa, the removal of all troops from the townships, the
repeal of the remaining legislation designed to circumscribe political
activity and the cessation of all political trials and executions;
6. Urges all States to continue to provide, both individually and
collectively, moral and material assistance to the oppressed people of
South Africa;
7. Calls upon the Government of South Africa not to proceed with the
execution of persons convicted and sentenced to death for so-called
"security", "security-related" or "unrest-related" offences;
8. Calls upon the Government of South Africa to bring before court on
appropriate charges those members of the security forces or other government
organs or other persons against whom prima facie evidence of participation in
the killing of residents in black areas or in the murder of political
opponents of apartheid exists;
9. Reiterates that unity of action and cohesion among the liberation
movements and other democratic South African forces within the framework of
the United Patriotic Front is absolutely necessary at this crucial stage of
the struggle and constitutes the best means of hastening the process of
negotiations aimed at the advent of a non-racial, democratic and united
South Africa;
10. Urges the international community to refrain from establishing
official links with South Africa until an interim Government responsible for
supervising the transition to democratic rule, including the holding of free
and fair elections under universal adult suffrage on a common voters’ roll,
has been put in place in the country;
11. Affirms that any relaxation of pressure on South Africa at this
time would be a violation of the Declaration on Apartheid and its Destructive
Consequences in southern Africa;
12. Vigorously condemns all military collaboration with the Government
of South Africa, particularly in the nuclear field.
26th meeting
20 August 1993
[Adopted without a vote. See chap. VII.]
E/CN.4/1994/2
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1993/12. Situation in East Timor
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights and the universally accepted rules of
international humanitarian law,
Bearing in mind General Assembly resolution 37/30 of 23 November 1982 and
Security Council resolutions 384 (1975) of 22 December 1975 and 389 (1976) of
22 April 1976,
Recalling the statement agreed by consensus by the Commission on Human
Rights at its forty-eighth session (E/1992/22, para. 457) and
resolution 1993/97 of 11 March 1993 adopted by the Commission at its
forty-ninth session,
Recalling also its resolutions 1982/20 of 8 September 1982, 1983/26 of
6 September 1983, 1984/24 of 29 August 1984, 1987/13 of 2 September 1987,
1989/7 of 31 August 1989, 1990/15 of 30 August 1990, and 1992/20 of
27 August 1992, as well as the statement made by the Chairman at its
forty-third session on the question of the situation in East Timor,
Having examined the note by the secretariat on the situation in East
Timor (E/CN.4/Sub.2/1993/14),
Noting with satisfaction the recent lifting of the restrictions imposed
upon the activities of the International Committee of the Red Cross,
Disturbed by reports of continuing violations of human rights in
East Timor, as well as by reports of forcible removal of prisoners from their
original place of residence to serve jail sentences in parts of Indonesia in
contravention of the provisions of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,
1. Expresses its deepest concern at reports of continuing violations
of human rights in East Timor;
2. Notes with satisfaction the recent lifting of the restrictions
imposed upon the activities of the International Committee of the Red Cross;
3. Urges the Indonesian authorities to implement fully the decisions
of the Commission on Human Rights as contained in the consensus statement
agreed by the Commission at its forty-eighth session and in resolution 1993/97
of 11 March 1993, adopted by the Commission at its forty-ninth session;
4. Also urges the Indonesian authorities to honour the provisions of
the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, regarding the prohibition on removing prisoners
from their original place of residence;
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5. Decides to consider at its forty-sixth session the situation
pertaining to human rights and fundamental freedoms in East Timor, and for
this purpose requests the secretariat to transmit to it all relevant
information received.
26th meeting
20 August 1993
[Adopted by secret ballot by 13 votes to 10,
with 2 abstentions. See chap. VII.]
1993/13. Consequences for the enjoyment of human rights
of acts of violence committed by armed groups that
spread terror among the population
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Alarmed at the proliferation of acts of terrorism which affect human
rights and fundamental freedoms of the individual,
Reaffirming that terrorism constitutes a serious obstacle to the full
enjoyment of all human rights,
Condemning all acts, methods and practices of terrorism in all its forms
and manifestations as gross violations of human rights,
Deeply deploring the loss of human life and the injuries which result
from acts of terrorism,
1. Expresses its deep concern at the persistence of acts of terrorism
in all its forms and manifestations which endanger or take innocent lives,
threaten the fundamental freedoms and the democracy, territorial integrity and
security of States, destabilize legitimately constituted Governments and have
adverse consequences on the economic development of States;
2. Calls upon Governments, in accordance with international standards
of human rights and internationally recognized principles of due process, to
take all necessary and effective measures to prevent and combat terrorism;
3. Calls upon the international community to enhance cooperation in
the fight against the spread of terrorism at the national, regional and
international levels.
26th meeting
20 August 1993
[Adopted without a vote. See chap. VII.]
E/CN.4/1994/2
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page 43
1993/14. Situation of human rights in the
Islamic Republic of Iran
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1992/15 of 27 August 1992 and other relevant
resolutions adopted by the General Assembly since 1986, by the Commission on
Human Rights since 1982 and by the Sub-Commission since 1981, calling for an
end to the violation of human rights by the Islamic Republic of Iran,
Taking note of Commission on Human Rights resolution 1993/62 of
10 March 1993, in which the Commission expressed its regret that, as the
Special Representative had concluded, the Islamic Republic of Iran had not
given adequate follow-up to many of the recommendations contained in his
previous reports,
Deeply concerned at continuing human rights violations by the Government
of the Islamic Republic of Iran, including arbitrary and summary executions,
torture and other cruel, inhumane and degrading treatment, arbitrary arrests
and imprisonment, forced disappearances, the absence of guarantees for the due
process of law and the right to a fair trial and disregard for the freedom of
religion and speech,
Gravely concerned at the systematic repression of the Baha’i community
and at the plight of the Iranian Kurds,
Expressing its profound regret that for more than one year the Government
of the Islamic Republic of Iran has refused to cooperate with the
Special Representative and has prevented him from visiting the country,
Expressing its regret that despite agreements between the Government of
the Islamic Republic of Iran and the International Committee of the Red Cross
on visits to Iranian prisons, the International Committee of the Red Cross
delegation was expelled from the country in March 1992, less than one month
after starting its mission, and that the Government still refuses to allow the
International Committee of the Red Cross to resume its visits,
Expressing its concern at an increase in the number of arrests following
anti-government demonstrations and at the violent suppression of popular
protest in various cities, including Tehran,
Reaffirming that Governments are to be held responsible for assassination
attempts and attacks by their agents against individuals in other countries
and for deliberate incitement, sanctioning or condoning of such acts,
Recalling its previous resolutions condemning the assassination abroad of
Iranian expatriates, and the apparent direct involvement of Iranian official
services in these assassinations,
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page 44
Recalling also the need for the Government of the Islamic Republic of
Iran to cooperate with the Swiss judicial authorities to shed light on the
assassination of Professor Kazem Rajavi,
Appalled at the continued repression of women in the Islamic Republic of
Iran, in which women have been publicly flogged and even arrested or
imprisoned, and particularly noting reports concerning the large number of
adolescents and persons below the age of 18,
Noting the reaffirmation of the universality and indivisibility of human
rights standards by representatives of the international community at the
World Conference on Human Rights,
1. Endorses the urgent call of the Special Representative of the
Commission on Human Rights to the Government of the Islamic Republic of Iran
urging it to comply with the current international norms in the field of human
rights;
2. Strongly condemns the continuing flagrant human rights violations
of the Islamic Republic of Iran, including:
(a) The use of excessive force and violence to suppress anti-government
gatherings and demonstrations;
(b) The continuing execution of political prisoners and the
assassination of opponents abroad;
(c) The stoning, torture and degrading treatment of citizens,
especially women;
(d) The continued persecution of Baha’is and other religious
minorities;
(e) The harassment of Iranian political refugees’ relatives inside the
Islamic Republic of Iran to coerce the refugees to return to the country or to
cooperate on intelligence matters;
3. Rejects any cultural or religious justification of the breach of
universal human rights standards;
4. Emphatically urges the Government of the Islamic Republic of Iran
to stop its attacks on Iranian dissidents abroad;
5. Supports the continuation of the mandate of Mr. Reynaldo
Galindo Pohl, Special Representative of the Commission of Human Rights, and of
international monitoring of the human rights situation in the Islamic Republic
of Iran;
6. Maintains that the deteriorating conduct of the Islamic Republic of
Iran in terms of violations of human rights and fundamental freedoms and the
breach of international instruments, the repercussions of which spread beyond
its national frontiers, jeopardizes peace and security in other regions;
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page 45
7. Requests the Special Representative to consider and recommend in
his report the strongest measures which could be adopted within the framework
of the United Nations to eliminate human rights violations in the Islamic
Republic of Iran;
8. Requests the Secretary-General to inform the Sub-Commission at its
next session of the relevant reports and measures already implemented by
United Nations bodies, or under way, to prevent human rights violations in the
Islamic Republic of Iran;
9. Decides to consider further the situation of human rights in the
Islamic Republic of Iran, including the situation of women and minority groups
such as the Baha’is and the Kurds, at its forty-sixth session.
26th meeting
20 August 1993
[Adopted by secret ballot by 20 votes to 3,
with 2 abstentions. See chap. VII.]
1993/15. Situation in the Palestinian and other
Arab territories occupied by Israel
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the purposes and principles of the Charter of the
United Nations, the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights, in particular the principles of equal
rights and self-determination of all peoples,
Mindful of the principles and humanitarian provisions of the Geneva
Conventions of 12 August 1949 for the protection of victims of war, of the
principles and provisions of international law and of the obligations arising
from the Regulations concerning the Laws and Customs of War on Land, annexed
to the Hague Convention IV of 1907,
Recalling that, in accordance with article 1 of the Geneva Conventions of
12 August 1949, all States parties to the Conventions have undertaken to
respect and to ensure respect for the Conventions in all circumstances,
Recalling also all the resolutions of the General Assembly and the
Commission on Human Rights condemning the practices of the Israeli occupation
authorities in the Palestinian and other Arab territories occupied by Israel
which affirm the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, to these
territories, in particular resolution 1993/2 of 19 February 1993 of the
Commission on Human Rights,
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page 46
Recalling further the relevant Security Council resolutions, in
particular resolutions 605 (1987) of 22 December 1987, 607 (1988) of
5 January 1988, 608 (1988) of 14 January 1988, 636 (1989) of 6 July 1989,
681 (1990) of 20 December 1990, 726 (1992) of 6 January 1992 and 799 (1992) of
18 December 1992,
Noting with great concern the report submitted to the Security Council by
the Secretary-General in accordance with resolution 799 (1992) (S/25149),
which affirmed that Israel continued to refuse to comply with the resolutions
of the Council and recommended that the Council take the necessary measures to
ensure that its decision, as set out in resolution 799 (1992), was respected,
Taking note 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 and
the relevant reports of the International Labour Organisation, the
United Nations Educational, Scientific and Cultural Organization and the
World Health Organization,
Recalling with great concern the press releases issued by the
International Committee of the Red Cross in Geneva on 13 January 1988, on
18 and 19 August 1988 and on 21 May 1992 and the statement of the President of
the International Committee of the Red Cross on 23 May 1993 concerning the
continuing violations by Israel of the provisions of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, including the deportation of Palestinian citizens from their
territory, the killing of civilians, including children, and the application
of the policy of collective punishment against the Palestinian people,
Reaffirming its previous resolutions in this respect, the most recent
being resolution 1992/10 of 26 August 1992,
Deeply alarmed at the persistent refusal of Israel to respect the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, and to apply it to the Palestinians in the occupied
Palestinian territories, and at the systematic and established violations of
human rights by Israel over the past twenty-six years and its persistence in
killing, wounding and arresting Palestinian people and in deporting and
expelling Palestinian citizens,
Taking into account the ongoing process of negotiation between the
parties concerned since the Peace Conference on the Middle East convened at
Madrid, and encouraging this process to reach speedily a just and lasting
peace settlement on the basis of Security Council resolutions 242 (1967) of
22 November 1967 and 338 (1973) of 22 October 1973 and all other relevant
United Nations resolutions,
1. Reaffirms that the Israeli occupation of Palestinian and other Arab
territories, including Jerusalem, itself constitutes a gross and systematic
violation of human rights and an aggression under international law;
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page 47
2. Also reaffirms that the continued perpetration by the Israeli
occupation authorities of deliberate killings of Palestinians, including
children, breaking limbs of young men and causing grave harm to their physical
integrity, subjecting cities, villages and camps to living conditions designed
to strangulate and destroy them by imposing curfews, as happened in the
Gaza Strip on 25 May 1992, and preventing their provision with food and
medical supplies, firing gas bombs into houses, mosques, churches and
hospitals, thus causing the death of many people by asphyxia, severely beating
pregnant women and throwing gas bombs inside their homes, thereby causing them
to miscarry, torturing Palestinian detainees, imposing collective punishment
and administrative detention upon thousands of Palestinians, expelling and
deporting Palestinians from their homeland, confiscating land and establishing
Israeli settlements in the occupied Palestinian territories, bringing Jewish
immigrants from several parts of the world and settling them on these
territories, thus modifying their demographic character, closing schools and
universities, desecrating holy places and demolishing houses, all constitute
grave violations of the principles of international law and the provisions of
the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, of the Universal Declaration of Human Rights and of
the International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights;
3. Further reaffirms that the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, is
applicable to the Palestinians and to the Palestinian and other Arab
territories occupied by Israel, and that the continued disregard and rejection
of the provisions of the Convention by Israel constitute gross violations of
the principles of international law, and that it is therefore the
responsibility of the international community to provide protection for the
Palestinian people under Israeli occupation, in accordance with the relevant
Security Council resolutions and the provisions of the Convention, until the
end of the Israeli occupation of the Palestinian and other Arab territories;
4. Calls upon the States parties to the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949, to
implement article 1 of the Convention, to ensure respect by Israel for the
Convention and to secure protection for the Palestinian people under
occupation, until the end of this occupation;
5. Reaffirms once again the right of the Palestinian people to resist
the Israeli occupation by all means, in accordance with United Nations
resolutions, and affirms that the intifada of the Palestinian people, which
began on 8 December 1987, is one such means confirming their determination to
liberate their land from Israeli occupation and to exercise their inalienable
national rights on their national soil, above all their right to
self-determination;
6. Also reaffirms the inalienable rights of the Palestinian people to
return to their homeland in accordance with General Assembly
resolution 194 (III) of 11 December 1948, to self-determination without
foreign interference and to establish their independent sovereign State on
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page 48
their national soil, in accordance with the principles and provisions of the
Charter of the United Nations and with resolutions of the General Assembly and
of the Commission on Human Rights;
7. Condemns the policy of Israel for:
(a) Its gross violations of the rules of international law and of the
Geneva Convention relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949, and calls upon Israel to desist immediately from those
practices and to withdraw from the Palestinian and other occupied Arab
territories, in accordance with the principles of international law and the
relevant United Nations resolutions;
(b) Continuing the policy of deporting Palestinian citizens and for
expelling them from their homeland, as happened to more than 400 Palestinian
citizens on 17 December 1992, and calls upon Israel to comply with the
relevant resolutions of the Security Council, the most recent being
resolution 799 (1992) of 18 December 1992, as well as with the relevant
resolutions of the General Assembly and the Commission on Human Rights, and to
refrain from such a policy, which violates the principles of international
law;
(c) Establishing Israeli settlements in the Palestinian and other
occupied Arab territories and calls for them to be dismantled, and confirms
that all measures taken by Israel with the purpose of annexing these
territories or altering the political, cultural, religious or other character
of Jerusalem and the Palestinian and other Arab territories occupied since
1967 are illegal, null and void;
(d) Its continued occupation of the Syrian Golan and its defiance of
the relevant United Nations resolutions, in particular Security Council
resolution 497 (1981) of 17 December 1981, and reaffirms that the decision by
Israel in 1981 to impose its laws, jurisdiction and administration on the
occupied Syrian Golan is null and void;
(e) The inhuman treatment and terrorist practices in violation of human
rights which the Israeli occupation authorities continue to exercise against
Syrian Arab citizens in the occupied Syrian Golan for their refusal to carry
Israeli identity cards and in order to force them to carry such cards, which
practices constitute a flagrant violation of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949, and
requests all States and competent international organizations not to recognize
any Israeli laws, jurisdiction or administration in respect of the occupied
Syrian territory;
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page 49
8. Requests the Secretary-General to provide the Sub-Commission, at
its forty-sixth session, with an updated list of reports, studies, statistics
and other documents relating to the question of Palestine and other occupied
Arab territories, with the texts of the most recent relevant United Nations
decisions and resolutions and 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, and with all other
information relevant to the implementation of the present resolution.
27th meeting
20 August 1993
[Adopted by secret ballot by 17 votes to 2,
with 5 abstentions. See chap. VII.]
1993/16. Situation of human rights in Guatemala
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the principles enshrined in the Charter of the United Nations,
the Universal Declaration of Human Rights and the International Covenants on
Human Rights, as well as by the relevant norms and principles of international
humanitarian law,
Recalling its resolution 1992/18 of 27 August 1992,
Taking note of Commission on Human Rights resolution 1993/88 of
10 March 1993, in which the Commission took note with appreciation of the
report of the independent expert on the situation of human rights in
Guatemala, Mr. Christian Tomuschat (E/CN.4/1993/10 and Corr.1) and requested
the Secretary-General to extend his mandate,
Encouraged by the mobilization of the people of Guatemala in defence of
democratic institutions, which made possible the restoration of constitutional
order and the rule of law following the events of 25 May 1993,
Welcoming the designation as Constitutional President of the Republic of
Mr. Ramiro de León Carpio, whose work as Procurator for Human Rights is widely
acknowledged by Guatemalan society,
Convinced that the situation of human rights in Guatemala calls for the
close attention of the authorities in order to ensure the protection and full
observance of those rights,
Considering that the economic and social situation continues to have
serious consequences for the most vulnerable sectors of Guatemalan society,
particularly the indigenous population, women and children,
Taking into account that the continuation of the internal armed conflict
is a fundamental factor affecting the human rights situation in Guatemala,
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page 50
Taking into account also the initiative of the Government to resume
negotiations with the Unidad Revolucionaria Nacional Guatemalteca, with a view
to reaching an agreement which will bring the internal armed conflict to an
end and permit the re-establishment of a firm and lasting peace,
Taking note of the Government’s proposal to establish the Permanent Forum
for Peace to discuss national issues with the various sectors of society,
1. Expresses its firm support for the measures adopted by
President Ramiro de León Carpio with a view to strengthening democratic
institutions, human rights and fundamental freedoms in Guatemala;
2. Urges the Government of Guatemala to continue according special
attention to the current situation of human rights in Guatemala;
3. Exhorts the Government of Guatemala to continue its action to
guarantee the full observance of human rights by the authorities and the armed
and security forces and, with a view to eliminating impunity, to bring to
trial any person guilty of violations of human rights and to guarantee the
proper functioning of the administration of justice;
4. Urges the Government of Guatemala to give priority to economic and
social development programmes and to strengthen in particular policies and
programmes concerning the indigenous population, taking into account its
proposals, respecting the country’s multicultural nature and fostering the
Mayan cultural heritage;
5. Exhorts the Government of Guatemala to continue its constructive
dialogue with refugees and internally displaced persons in order to resolve
satisfactorily the question of their resettlement in Guatemala in conditions
of dignity and security;
6. Expresses the hope that the negotiations between the Government of
Guatemala and the Unidad Revolucionaria Nacional Guatemalteca will be resumed
as soon as possible with a view to reaching, with the active support of the
international community, in particular the United Nations and the Organization
of American States, an agreement which will put an end to the internal armed
conflict and permit the re-establishment of a firm and lasting peace;
7. Expresses its appreciation to the independent expert,
Mr. Christian Tomuschat, for the work which he has done.
27th meeting
20 August 1993
[Adopted without a vote. See chap. VII.]
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page 51
1993/17. Situation in Bosnia and Herzegovina
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Bearing in mind the statement adopted without a vote on 4 August 1993 at
its present session,
Recalling its decision 1992/103 of 13 August 1992,
Reiterating that the protection of different ethnic and religious groups
is at the core of the mandate of the Sub-Commission,
Expressing once again its horror and its total and unqualified
condemnation of so-called "ethnic cleansing" that in the former Yugoslavia and
particularly in Bosnia and Herzegovina has generated vast displacements of
people and large flows of refugees of the different ethnic groups, which in
Bosnia and Herzegovina has affected, in particular, the Muslim population,
Taking into account Commission on Human Rights resolutions 1993/7 of
23 February 1993, 1992/S-1/1 of 14 August 1992 and 1992/S-2/1 of
1 December 1992,
Also taking into account the special declaration on Bosnia and
Herzegovina adopted by the World Conference on Human Rights,
Noting with alarm the reports of the Special Rapporteur on the situation
of human rights in the former Yugoslavia (E/CN.4/1992/S-1/9,
E/CN.4/1992/S-1/10, A/47/666-S/24809 and E/CN.4/1993/50),
Sharing the concern expressed by the Commission on Human Rights at the
growth of ultra-nationalist ideologies in Serbia and other parts of the former
Yugoslavia and at the fact that indoctrination and misinformation continued to
encourage ethnic and religious hatred,
Noting that the General Assembly, in its resolution 47/121 of
18 December 1992, and the World Conference on Human Rights, in the special
declaration on Bosnia and Herzegovina, stated, inter alia, that the abhorrent
policy of ethnic cleansing was a form of genocide,
Recalling the repeated reaffirmation by the Security Council that any
taking of territory by force or any practice of "ethnic cleansing" is unlawful
and unacceptable and will not be permitted to affect the outcome of the
negotiations on constitutional arrangements for the Republic of Bosnia and
Herzegovina, and its insistence that all displaced persons be enabled to
return in peace to their homes,
Deeply disturbed by the fact that the draft constitutional agreement for
what is therein referred to as "the Union of Republics of Bosnia and
Herzegovina" could constitute a de facto partition on ethnic and religious
grounds,
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1. Appeals to the international community:
(a) To reject any permanent partition which results from aggression,
intervention and massive violations of human rights, in particular the
abhorrent practice of "ethnic cleansing" that has developed into "religious
cleansing";
(b) To deny the validity of any agreement obtained under extreme duress
from the Government of the Republic of Bosnia and Herzegovina for purposes
other than a cessation of hostilities paving the way for a more lasting
peaceful settlement based on the principles of the Charter of the
United Nations, including respect for human rights and fundamental freedoms
without discrimination on the grounds, inter alia, of race, ethnicity or
religion;
2. Expresses the view that, should disarmament of militia and other
armed groups take place as part of the first stages of the peace plan, it
should be extended to all parts of Bosnia and Herzegovina and not be confined
to places now under the control of the Government;
3. Emphasizes that no arrangements for impunity should be included in
the peace plan;
4. Urges the immediate implementation of Security Council
resolution 808 (1993) of 22 February 1993 through the establishment of an
international tribunal for the prosecution of persons responsible for serious
violations of international humanitarian law committed in the territory of the
former Yugoslavia since 1991 and the initiation of proceedings against all
persons suspected of committing crimes against humanity, including war crimes;
5. Calls upon the relevant United Nations bodies to ensure that
sufficient funds are urgently allocated to allow for the swift and effective
operation of the Commission of Experts to investigate the evidence of grave
breaches of humanitarian law committed in the former Yugoslavia, and of the
international tribunal;
6. Calls for the effective eradication of the tragic consequences of
the aggression and the human rights violations in the Republic of Bosnia and
Herzegovina, through joint international efforts for the reconstruction of the
country;
7. Recommends that, to this end, steps be taken through concerted
international action and by the relevant international bodies to enable all
refugees, deportees and displaced persons to return safely to their homes in
the Republic of Bosnia and Herzegovina, and their properties to be restored to
them, any documents signed by them under duress being rejected;
8. Also recommends that steps be taken to ensure full reparation for
losses suffered as a consequence of aggression and religious and ethnic
cleansing, to which end the international community should contribute
to the resources required, it being understood that those responsible
for causing destruction and other losses shall be held personally
responsible for the repayment of the losses incurred;
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9. Urges that, to overcome the present partition of Bosnia and
Herzegovina brought about by aggression and ethnic cleansing, a process of
peace-building should be initiated through the United Nations and appropriate
intergovernmental organizations to reintegrate, over a period of time, the
national society of Bosnia and Herzegovina as a whole;
10. Also urges that this process be advanced through appropriate
economic and other assistance for projects and institution-building intended
to overcome the division of Bosnia and Herzegovina.
27th meeting
20 August 1993
[Adopted by secret ballot by 22 votes to 1,
with 1 abstention. See chap. VII.]
1993/18. Situation in Haiti: encouragement of the establishment of the
democratic process and the reconstruction of the country
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Referring to the Universal Declaration of Human Rights, the International
Covenants on Human Rights, the American Convention on Human Rights and the
other international instruments on human rights to which Haiti is a party,
Recalling the resolutions concerning the situation in Haiti adopted by
the competent bodies of the United Nations and the Organization of American
States since the events of 30 September 1991,
Recalling in particular General Assembly resolution 47/143 of
18 December 1992, Commission on Human Rights resolution 1993/68 of
10 March 1993 and Sub-Commission resolution 1992/16 of 27 August 1992, as well
as the relevant resolutions of the Permanent Council of the Organization of
American States and the General Assembly of that organization,
Bearing in mind the state of the situation in Haiti established by the
Special Rapporteur of the Commission on Human Rights, Mr. Marco Tullio
Bruni Celli, who reports numerous violations of the right to life, security of
person, freedom of expression, freedom of association and freedom of movement
in that country,
Noting with serious concern that extrajudicial executions have taken
place, mainly at Port-au-Prince, during the month of July and that, according
to the reports received by the international civil mission of the
United Nations and the Organization of American States, the number of victims
is estimated at over 30,
Noting with satisfaction the agreements which have been concluded between
the President of the Republic and the Commander-in-Chief of the armed forces,
and between the different political parties of Haiti,
E/CN.4/1994/2
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page 54
1. Takes note with satisfaction of the agreements of Governor’s Island
signed between the constitutional President of the Republic,
Fr. Jean-Bertrand Aristide, and the Commander-in-Chief of the armed forces,
General Raoul Cedras, which provide for a programme of international
cooperation and a series of institutional reforms, including the
professionalization of the armed forces, the establishment of a new police
force and the reform of the judicial system, and which should culminate,
on 30 October 1993, in the return to the country of the constitutional
President of the Republic;
2. Also takes note with satisfaction of the pact of New York, which
was signed in July 1993 between the various political forces represented in
Parliament and which aims at establishing a political truce, the normalization
of Parliament and the enactment of fundamental laws with a view to a peaceful
transition;
3. Encourages the Secretary-General of the United Nations and the
Secretary-General of the Organization of American States to continue their
efforts at mediation through their special envoy, Mr. Dante Caputo, with a
view to achieving the constitutional normalization of the situation and the
return to Haiti of the constitutional President of the Republic on
30 October 1993;
4. Encourages the international community to make available all the
necessary economic and technical resources for the economic reconstruction of
the country and the institution of a programme of development assistance for
Haiti as soon as the sanctions imposed on that country have been lifted;
5. Calls on all sectors of Haitian society to ensure that a peaceful
transition, based on national agreement, can take place and that democracy can
be firmly established in Haiti;
6. Decides to follow the evolution of the situation in Haiti at its
next session under agenda item 6.
27th meeting
20 August 1993
[Adopted without a vote. See chap. VII.]
1993/19. Situation in Myanmar
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Bearing in mind the provisions of the Charter of the United Nations, the
Universal Declaration of Human Rights, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment and the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment,
E/CN.4/1994/2
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Recalling Commission on Human Rights resolution 1993/73 of 10 March 1993,
Recalling also its resolution 1992/22 of 27 August 1992 on the question
of human rights and states of emergency, in which it expressed its
appreciation to the Special Rapporteur, Mr. Leandro Despouy, for his fifth
annual report (E/CN.4/Sub.2/1992/23),
Deeply concerned at continued reports of the routine torture and
mistreatment of detainees and prisoners by members of the Myanmar police,
intelligence and military forces,
Noting that, despite the release between April and December 1992 of many
hundreds of prisoners, thousands of others remain under arbitrary detention,
including the 1991 Nobel Peace Prize recipient, Aung San Suu Kyi, and numerous
other political leaders,
Deploring the ongoing persecution of Muslims, Christians and ethnic
minorities and the numerous violations of human rights entailed by the
practices of forced conscription and porterage,
Noting with concern the conclusions and recommendations contained in the
report on the situation of human rights submitted by the Special Rapporteur of
the Commission on Human Rights, Mr. Yozo Yokota (E/CN.4/1993/37),
Noting also with regret that the Government of Myanmar has withheld its
full cooperation concerning the on-site visit by the Special Rapporteur and
has refused to allow monitoring by the International Committee of the Red
Cross,
Commending, however, the recent discussions between the Government of
Myanmar and the United Nations High Commissioner for Refugees at Yangon in
July 1993, in which it was agreed, in principle, that the Office of the
United Nations High Commissioner for Refugees would be allowed to establish a
presence in Rakhine state in Myanmar to assist and coordinate the voluntary
repatriation of the residents of Rakhine state at present in camps in
Bangladesh, assisted by the Office of the United Nations High Commissioner for
Refugees,
1. Calls upon the Government of Myanmar to ensure respect for human
rights and fundamental freedoms for all citizens, including all minorities,
notably through the repeal of discriminatory citizenship laws and immediate
and unqualified cessation of all practices of torture, arbitrary detention,
forced conscription, forced porterage and forced relocation, and of violent
attacks on civilians, including children and women, by members of the armed
forces;
2. Also calls upon the Government of Myanmar to allow full
implementation of the results of the election of 27 May 1990, in accordance
with General Assembly resolution 47/144 of 18 December 1992;
3. Urges the Government of Myanmar to cooperate fully with the Special
Rapporteur of the Commission on Human Rights on the situation of human rights
in Myanmar and with the International Committee of the Red Cross in their
monitoring activities;
E/CN.4/1994/2
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4. Reminds the Government of Myanmar of its obligations under common
article 3 of the Geneva Conventions of 12 August 1949 regarding the protection
of civilians in armed conflicts not of an international character;
5. Encourages the Government of Myanmar to continue the positive
cooperation with the Office of the United Nations High Commissioner for
Refugees initiated in recent discussions concerning their mutual
responsibilities regarding the repatriation of returnees from Bangladesh;
6. Invites the Government of Myanmar to consider, as a matter of
urgency, acceding to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, the International Covenant on Civil and
Political Rights and other human rights instruments to which it is not yet a
party.
27th meeting
20 August 1993
[Adopted by secret ballot by 17 votes to 2,
with 5 abstentions. See chap. VII.]
1993/20. Situation of human rights in Iraq
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
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 Member 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,
Mindful that Iraq is a party to the International Covenants on human
rights and to other human rights instruments,
Recalling Security Council resolution 688 (1991) of 5 April 1991, in
which the Council demanded an end to the repression of the Iraqi civilian
population and insisted that the human and political rights of all Iraqi
citizens be respected,
Recalling also Security Council resolutions 706 (1991) of 15 August 1991,
712 (1991) of 19 September 1991 and 778 (1992) of 2 October 1992,
Mindful that the United Nations has not yet sent a fact-finding mission
to the marshlands region of southern Iraq,
Deeply concerned by the recent information that thousands of
Arab Shiites have sought refuge on the border between Iraq and the
Islamic Republic of Iran because of the artillery bombardment and the
programme undertaken by the Iraqi Government to drain the southern marshlands,
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page 57
Deeply concerned also by the continued massive repression of the Arab
Shiah populations in the south of Iraq, particularly those who are under siege
by Iraqi armed forces there,
Disturbed by the possibility of a continued exodus of these populations,
both to the border area and within Iraq itself,
Recalling its decision 1992/106 of 27 August 1992, in which it expressed
deep concern about the serious consequences which the United Nations embargo
was having on the entire civilian population in Iraq, and in particular on
children, women and the most underprivileged sectors of the population,
Noting the crop and food supply assessment mission to Iraq undertaken by
the Food and Agriculture Organization of the United Nations and the World Food
Programme in June 1993, which described the negative impact of the
international embargo on the civilian population, especially the most
vulnerable groups,
Deeply concerned by the fact that multitudes of refugee women and
children coming from the marshlands suffer a lack of food, drinking water
and medical assistance,
Deeply concerned also by the internal embargo maintained by the
Government against the Kurdish population in the north of Iraq and the
Arab Shiites in the southern marshlands,
1. Expresses its concern at the exceptional gravity of the human
rights situation in Iraq and, therefore, welcomes the proposal of the Special
Rapporteur of the Commission on Human Rights on the situation of human rights
in Iraq, contained in his report (E/CN.4/1993/45), that human rights monitors
be deployed;
2. Calls upon the Government of Iraq immediately to halt its artillery
bombardment, to cease all draining schemes and destruction of the marshes and
to lift the internal embargo imposed in October 1991 on the populations of the
marshlands;
3. Also calls upon the Government of Iraq to abide by Security Council
resolutions 706 (1991) of 15 August 1991 and 712 (1991) of 19 September 1991,
which permit the Government of Iraq to sell oil to finance humanitarian
assistance for the Iraqi people;
4. Requests the United Nations humanitarian organizations concerned to
speed up the delivery of aid to the persons who have sought refuge on the
border between Iraq and the Islamic Republic of Iran and to ensure that their
food and medical needs are satisfied;
5. Appeals once again to the international community as a whole and to
all Governments, including that of Iraq, to facilitate the supply of food and
medicines to the civilian population;
6. Urges the Special Rapporteur on the situation of human rights in
Iraq to visit the border and the marshlands and to report his findings to the
General Assembly;
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7. Deplores the continuing victimization of civilians and the
destruction of civilian infrastructure as the result of military actions
against Iraq;
8. Requests the Secretary-General to provide all necessary assistance
to the Special Rapporteur to undertake his mission;
9. Also requests the Secretary-General to call upon the Government of
Iraq to cooperate with the Special Rapporteur;
10. Urges the implementation of Security Council resolution 688 (1991)
of 5 April 1991 and of the recommendations of the Special Rapporteur to
station permanent monitors in the area of the marshlands and to establish
permanent aid centres;
11. Condemns the violations of human rights by the Government of Iraq
and decides to keep the situation of human rights in Iraq under review at
future sessions of the Sub-Commission.
27th meeting
20 August 1993
[Adopted by secret ballot by 14 votes to 9,
with 2 abstentions. See chap. VII.]
1993/21. Freedom of movement and the situation of migrant workers and
their families
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1992/5 of 21 August 1992 on measures to combat
racism and racial discrimination and the role of the Sub-Commission,
Recalling also Commission on Human Rights resolution 1993/20 of
2 March 1993 on measures to combat contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, and the appointment of a
special rapporteur thereon,
Recalling further Commission on Human Rights resolutions 1992/81 of
6 March 1992 and 1993/89 of 10 March 1993 concerning the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families,
Aware of the growing importance and magnitude of the phenomenon of racism
and its consequences for migrant workers, as well as the efforts undertaken by
the international community to improve the protection of the human rights of
all migrant workers and their families, and recalling in that regard the
adoption by the General Assembly of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families,
Concerned that despite these efforts racism and acts of violence
resulting therefrom persist and are even increasing in a number of developed
countries,
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page 59
Bearing in mind the existence of bilateral agreements with host countries
and convinced that combined bilateral and multilateral action should lead to
the problem being addressed more effectively,
Convinced that greater awareness of the contribution of migrant workers
in host countries must be effectively ensured at all levels in order to fight
effectively against xenophobic behaviour on the part of individuals and put an
end to the complex of rejection from which this category of workers continues
to suffer throughout the world,
Recognizing that migrant workers and members of their families are free
to leave any State, including their State of origin,
Conscious that impunity for crimes motivated by racist and xenophobic
attitudes contributes to weakening the rule of law and tends to encourage the
recurrence of those crimes,
Noting that the special interest taken by the United Nations in the
situation of migrant workers with a view to ensuring the human rights and
dignity of all migrant workers and their families truly reflects the
complexity of the problems faced by this vulnerable population group,
Noting also that those workers suffer from racism and xenophobia, after
being compelled to leave their countries because of objective economic
difficulties, entailing first that they are uprooted and then that they have
to go through the various stages involved in adapting to a new socio-cultural
environment,
Noting further that migrant workers have largely contributed to the
construction, development and economic prosperity of employing countries,
following the migratory movement encouraged before and after the independence
of their countries by the countries of the North,
Noting that workers and their families whose social situation is
extremely precarious are constantly subjected to extortion, injustice, hatred
and aggression,
1. Requests host countries to continue the efforts undertaken to
improve the situation and ensure the human rights and dignity of all migrant
workers and their families;
2. Asks host countries to provide effective protection for migrant
workers and members of their families against violence, bodily injury, threats
and intimidation, whether by public officials or private persons, groups or
institutions;
3. Affirms that the family is the natural and fundamental element of
society and has a right to the protection of society and the State, and
requests that appropriate steps be taken to protect the family unit of the
migrant worker;
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page 60
4. Invites all Governments to cooperate with the Special Rapporteur on
contemporary forms of racism, racial discrimination, and xenophobia and
related intolerance, to take action forthwith and to establish vigorous
policies to prevent and combat all forms and manifestations of racism,
xenophobia and intolerance, adopting, if need be, appropriate legislation
providing for penal measures;
5. Also invites all States to give effect to the Vienna Declaration
and Programme of Action, adopted by the World Conference on Human Rights, and
to ensure the protection of the rights of all migrant workers and members of
their families;
6. Emphasizes that it is important to create conditions conducive to
greater harmony, tolerance and mutual respect between migrant workers and the
rest of the population of the State in which they live;
7. Invites States to consider the possibility of signing or ratifying
at the earliest opportunity the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families;
8. Decides to include the situation of migrant workers and members of
their families on the agenda of its forty-sixth session, as a sub-item of the
item on freedom of movement.
27th meeting
20 August 1993
[Adopted without a vote. See chap. XIX.]
1993/22. Question of the human rights of disabled persons
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Welcoming the publication of the report by Mr. Leandro Despouy, Special
Rapporteur on the question of the human rights of disabled persons
(United Nations publication, Sales No. E.92.XIV.4),
Recalling Commission on Human Rights resolution 1993/29 of 5 March 1993,
as well as General Assembly resolution 47/3 of 14 October 1992, in which the
Assembly proclaimed the International Day of Disabled Persons, and
General Assembly resolution 46/96 of 16 December 1991, in which it reiterated
the need to achieve the objectives set out in the agenda for action of the
United Nations Decade of Disabled Persons,
Recalling the Vienna Declaration and Programme of Action, adopted at the
World Conference on Human Rights, which reaffirm that persons with
disabilities should be guaranteed equal opportunity through the elimination of
all barriers, be they physical, financial, social or psychological, which
exclude or restrict full participation in society,
Noting its resolution 1991/19 of 28 August 1991, in which it emphasizes
that the provisions of the Universal Declaration of Human Rights, whereby
everyone is entitled to all rights and freedoms, without distinction of any
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page 61
kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status, also
apply to disabled persons,
1. Requests the Commission on Human Rights to take into consideration
the recommendations of the Special Rapporteur, Mr. Leandro Despouy, contained
in his report Human Rights and Disabled Persons and, particularly, to work
towards the appointment of an international ombudsman for the human rights of
disabled persons;
2. Requests the Secretary-General to report to the Commission on Human
Rights and to the Sub-Commission on the coordination endeavours, and their
results, undertaken by the various United Nations organs and bodies concerned
with the protection of disabled persons, for the purpose of envisaging the
establishment of an effective mechanism for coordination and cooperation
between the various organs and bodies;
3. Decides to remain seized of this question and to deal with it each
year as sub-item (c) of the agenda item entitled "Promotion, protection and
restoration of human rights at national, regional and international levels".
27th meeting
20 August 1993
[Adopted without a vote. See chap. XIII.]
1993/23. Situation of human rights in Peru
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the principles enshrined in the Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights and other
international instruments on the protection of human rights,
Recalling Commission on Human Rights resolutions 1992/42 of
28 February 1992 and 1993/48 of 9 March 1993, on the consequences for the
enjoyment of human rights of acts of violence committed by armed groups that
spread terror among the population and by drug traffickers,
Recalling its resolution 1992/12 of 27 August 1992, on support for the
restoration of democracy in Peru,
Noting with interest the electoral processes, monitored by the
Organization of American States, to elect a new Congress and renew the
municipal authorities, although various political groupings refrained from
taking part,
Considering that there is an urgent need to adopt measures to investigate
and penalize those responsible for human rights violations, as well as to
compensate the victims of such violations,
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page 62
Observing that some provisions of the legislation adopted to combat
terrorism are not in keeping with the general principles safeguarding the
right to a defence and due process,
1. Notes with interest the electoral processes carried out in Peru
under the commitments entered into with the Organization of American States;
2. Strongly condemns the violations of human rights by the terrorist
groups Sendero Luminoso and Movimiento Revolucionario Tupac Amaru;
3. Regrets the violations of human rights by some members of the
forces of law and order;
4. Welcomes the initiation of dialogue between the Government of Peru
and the Coordinadora Nacional de Derechos Humanos (National Human Rights
Coordinating Body) and considers that it should be continued in terms of
concrete measures to foster the effectiveness of and the observance of human
rights;
5. Welcomes the agreement reached by the Government of Peru and the
International Committee of the Red Cross;
6. Welcomes the readiness of the Government of Peru to establish a
register of detainees and calls for it to function fully and effectively;
7. Reiterates its constant concern for effective conditions to
guarantee the rule of law and, consequently, human rights;
8. Urges the Peruvian authorities to adopt the necessary measures to
guarantee full compliance with the State’s obligations to investigate and
penalize those responsible for human rights violations, as well as to
compensate the victims of such violations;
9. Recommends that the criminal law, within the framework of an
independent and impartial system of justice, should be brought into line with
the general principles safeguarding the right to a defence and due process;
10. Appeals to the competent Peruvian authorities not to extend the
application of the death penalty beyond the limits set out in the American
Convention on Human Rights;
11. Decides to request the Government of Peru to keep it informed,
through the relevant machinery, of developments in the human rights situation
in that country.
29th meeting
23 August 1993
[Adopted without a vote. See chap. VII.]
E/CN.4/1994/2
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page 63
1993/24. Slavery and slavery-like practices during wartime
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the Vienna Declaration and Programme of Action, in particular
paragraph 38 of Part II.B, in which the World Conference on Human Rights
emphasized that all violations of the rights of women in situations of armed
conflict, including in particular murder, systematic rape, sexual slavery and
forced pregnancy, required a particularly effective response,
Bearing in mind Commission on Human Rights resolutions 1993/8 of
23 February 1993, in which the Commission strongly condemned the abhorrent
practice of rape and abuse of women and children, and 1993/46 of 8 March 1993,
in which the Commission condemned all acts of violence and violations of human
rights directed specifically against women, including those in situations of
armed conflict,
Recalling its request to the Secretary-General contained in paragraph 18
of its resolution 1992/2 of 14 August 1992 regarding information on the
situation of women forced to engage in prostitution during wartime,
Welcoming the report of the Working Group on Contemporary Forms of
Slavery on its eighteenth session (E/CN.4/Sub.2/1993/30),
Noting the information transmitted to the Sub-Commission by the Working
Group on Contemporary Forms of Slavery concerning the sexual exploitation of
women, as well as other forms of forced labour, during wartime,
1. Decides to entrust Mrs. Linda Chavez, as Special Rapporteur, with
the task of undertaking an in-depth study on the situation of systematic rape,
sexual slavery and slavery-like practices during wartime, including in
particular internal armed conflict;
2. Requests the Special Rapporteur to submit her preliminary report to
the Sub-Commission at its forty-sixth session and her final report to the
Sub-Commission at its forty-seventh session;
3. Invites the Special Rapporteur to take into account documentation
received by its Special Rapporteur on the right to restitution, compensation
and rehabilitation for victims of gross violations of human rights and
fundamental freedoms and by the Special Rapporteur of the Commission on Human
Rights on the situation of human rights in the territory of the former
Yugoslavia, and to include in her study relevant facts, legal analysis,
conclusions and recommendations;
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page 64
4. Requests the Special Rapporteur on the situation of systematic
rape, sexual slavery and slavery-like practices during wartime, including in
particular internal armed conflict to submit the results of the study to the
Working Group on Contemporary Forms of Slavery at its nineteenth session;
5. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 2.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. XVI.]
1993/25. Submission of information pursuant to Sub-Commission
resolution 7 (XXVII) of 20 August 1974
The Sub-Commission on Prevention of Discrimination and Protection
of Minorities,
Recalling Commission on Human Rights resolutions 1993/41 of 5 March 1993
and 1992/31 of 28 February 1992, in which the Commission requested the
Sub-Commission to formulate concrete proposals to the Secretary-General
regarding the utility and the format of his reports pursuant to Sub-Commission
resolution 7 (XXVII) of 20 August 1974 on the question of the human rights of
persons subjected to any form of detention or imprisonment,
Bearing in mind that no replies have been received for the last two years
to the requests for relevant information,
Taking account of the proposal of its sessional working group on
detention, made in 1992 and 1993, that the Sub-Commission should stop
consideration of this item,
Noting that the procedure established pursuant to its
resolution 7 (XXVII) has been conducive to the establishment of new
relevant mechanisms and procedures,
Considering that new mechanisms and procedures established, in particular
thematic procedures, have dealt to a great extent with the procedure provided
for by Sub-Commission resolution 7 (XXVII),
1. Decides to stop consideration of information received pursuant to
its resolution 7 (XXVII) of 20 August 1974;
2. Recommends to the Secretary-General that he no longer issue reports
and synopses of materials on this subject.
33rd meeting
25 August 1993
[Adopted without a vote. See chap. XI.]
E/CN.4/1994/2
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page 65
1993/26. The right to a fair trial
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1990/18 of 30 August 1990, in which it decided
to entrust Mr. Chernichenko and Mr. Treat with the preparation of a study
entitled "The right to a fair trial: current recognition and measures
necessary for its strengthening",
Recalling also its resolutions 1991/14 of 28 August 1991 and 1992/21 of
27 August 1992, as well as Commission on Human Rights resolutions 1991/43 of
5 March 1991 and 1992/34 of 28 February 1992, and decision 1993/106 of
5 March 1993,
Having examined the preparatory report (E/CN.4/Sub.2/1990/34), the
preliminary report (E/CN.4/Sub.2/1991/29), and the progress reports
(E/CN.4/Sub.2/1992/24 and Add.1-3 and E/CN.4/Sub.2/1993/24 and Add.1-2) on the
right to a fair trial, prepared by the Special Rapporteurs,
Welcoming the recommendation of the Special Rapporteurs that the
Sub-Commission assess possible means to strengthen the right to a fair trial,
1. Expresses its appreciation to Mr. Stanislav Chernichenko and
Mr. William Treat for their progress report (E/CN.4/Sub.2/1993/24 and
Add.1-2), summarizing material regarding national practices on the right to a
fair trial and appending a preliminary draft of a third optional protocol to
the International Covenant on Civil and Political Rights;
2. Expresses its appreciation to the Governments and non-governmental
organizations that provided information for the study, for example by
responding to the questionnaires prepared by the Special Rapporteurs;
3. Requests the Special Rapporteurs to submit to the Sub-Commission at
its forty-sixth session a final report, which should include recommendations
for strengthening the implementation of the right to a fair trial, together
with a draft third optional protocol to the International Covenant on Civil
and Political Rights, and consider the possibility of elaborating a draft
declaration or body of principles on the right to a fair trial and a remedy;
4. Requests the Secretary-General to transmit the draft third optional
protocol to Governments, non-governmental organizations and the Human Rights
Committee as soon as possible after the present session of the Sub-Commission,
for written comments and suggestions;
5. Decides to consider at its forty-sixth session the advisability of
elaborating a third optional protocol to the International Covenant on Civil
and Political Rights, as well as the other recommendations of the Special
Rapporteurs for strengthening the implementation of the right to a fair trial,
including the possibility of elaborating a draft declaration or body of
principles on the right to a fair trial and a remedy;
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6. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 3.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. XI.]
1993/27. Application of international standards concerning
the human rights of detained juveniles
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolutions 1991/16 of 28 August 1991, in which it
requested, inter alia, the Secretary-General to explore the feasibility of
organizing a meeting of experts on the application of international standards
concerning the human rights of detained juveniles, and 1992/25 of
27 August 1992, in which it welcomed the proposal by the Secretary-General to
organize that meeting,
1. Welcomes Commission on Human Rights resolution 1993/80 of
10 March 1993, in which the Commission welcomed the proposal by the
Secretary-General to organize, within the framework of the programme of human
rights activities for 1994, a meeting of experts under the auspices of the
Centre for Human Rights, the United Nations Children’s Fund and the Crime
Prevention and Criminal Justice Branch of the Centre for Social Development
and Humanitarian Affairs on the application of international standards
concerning the human rights of detained juveniles;
2. Expresses the wish that the Committee on the Rights of the Child,
the Working Group on Contemporary Forms of Slavery and the Working Group on
Detention be represented at the meeting of experts, together with the
specialized non-governmental organizations and juvenile court judges;
3. Requests the Secretary-General to provide all necessary assistance
for the organization and success of the meeting of experts;
4. Also requests the Secretary-General to report on the results of the
meeting to the Sub-Commission at its forty-sixth session and the Commission at
its fifty-first session.
33rd meeting
25 August 1993
[Adopted without a vote. See chap. XI.]
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page 67
1993/28. Question of human rights and states of emergency
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling Commission on Human Rights resolution 1983/18 of
22 February 1983, in which the Commission requested the Sub-Commission to give
further consideration to the study on the implications for human rights of
situations known as states of siege or emergency (E/CN.4/Sub.2/1982/15),
submitted by the Special Rapporteur, Mrs. Nicole Questiaux,
Recalling also that, in the same resolution, the Commission requested the
Sub-Commission to propose measures designed to ensure the respect throughout
the world of human rights and fundamental freedoms in situations where states
of siege or emergency existed, especially of the rights referred to in
article 4, paragraph 2, of the International Covenant on Civil and Political
Rights, prohibiting derogation from certain rights, even in time of public
emergency,
Recalling further Economic and Social Council resolution 1985/37 of
30 May 1985 and the Sub-Commission’s own resolution 1983/28 of
6 September 1983, concerning the question of human rights and states of
emergency,
Recalling that, in its resolution 1985/32 of 30 August 1985, it requested
the Special Rapporteur, Mr. Leandro Despouy, to draw up and update a list of
countries which proclaimed a state of emergency each year and to prepare an
annual report containing reliably attested information on compliance with the
rules, national and international, guaranteeing the legality of the
introduction of a state of emergency,
Bearing in mind that the Commission on Human Rights in its
resolution 1991/34 of 5 March 1991 invited the Sub-Commission to consider the
question of the effectiveness of habeas corpus and similar remedies and to
formulate suggestions thereon,
Noting with interest that it was recommended that the Special Rapporteur,
through Governments and international organizations, should monitor closely
the implementation of Commission on Human Rights resolution 1992/35 of
28 February 1992, in which the Commission called on all States to establish a
procedure such as habeas corpus and to maintain the right to such a procedure
at all times and under all circumstances, including during states of
emergency, and that the Special Rapporteur should report on this question,
Having noted from its thirtieth to its forty-fifth sessions the
importance, for the effective enjoyment of human rights, of the principles
concerning respect for the rules, national and international, guaranteeing the
legality of the introduction of a state of emergency,
Noting the interest expressed by many countries in receiving technical
assistance from the Special Rapporteur on states of emergency and from the
United Nations Secretariat under the programme of advisory services in the
field of human rights, and the work already done by the Special Rapporteur in
this field,
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page 68
Stressing that, according to the information available to the Special
Rapporteur in preparing his sixth annual report (E/CN.4/Sub.2/1993/23),
83 States and territories - or approximately half the members of the
United Nations - have proclaimed, extended, maintained or terminated, in
various forms, a state of emergency since 1 January 1985,
Having noted that, in some circumstances, such as situations of war,
armed conflict or internal unrest, emergency measures are adopted without a
state of emergency being officially proclaimed and that such measures have an
impact on human rights which warrants thorough study by the Special
Rapporteur,
Noting with satisfaction the growing cooperation of Governments with the
Special Rapporteur and the need to continue to analyse the information
received by the Special Rapporteur with the greatest care,
Stressing that the Sub-Commission invites the Special Rapporteur to
continue and expand his contacts and to hold consultations with appropriate
technical institutions and experts with a view to receiving, storing and
retrieving information through a data bank on states of emergency and related
human rights questions,
Bearing in mind that, as in the past, the Special Rapporteur is receiving
relevant observations from governmental and non-governmental sources on the
draft guidelines for the development of legislation on states of emergency,
1. Expresses its deep appreciation to the Special Rapporteur,
Mr. Leandro Despouy, for his sixth annual report and list of States which have
proclaimed, extended or terminated a state of emergency since 1 January 1985
(E/CN.4/Sub.2/1993/23);
2. Expresses its appreciation to Governments, competent United Nations
bodies, specialized agencies, regional intergovernmental organizations and
competent non-governmental organizations in consultative status with the
Economic and Social Council, as well as competent university and academic
institutions, that have submitted information and comments to the
Special Rapporteur on the question of human rights and states of emergency and
invites them to continue to cooperate actively with the Special Rapporteur;
3. Recognizes the fundamental importance of the existence in each
country of specific and effective national legislation enabling emergency
situations to be dealt with in conformity with international norms and invites
Governments that have not yet done so to consider the adoption of internal
legislation consistent with the requirements of international instruments
concerning states of emergency, as explained and developed in the
Special Rapporteur’s various reports;
4. Invites Governments to limit the introduction of states of
emergency, particularly in the case of internal unrest, exclusively to
situations sufficiently serious and exceptional to justify them, in order to
avoid making the use of states of emergency commonplace and thus, possibly,
perpetuating them;
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5. Requests the Secretary General, under the United Nations programme
of advisory services in the field of human rights, to furnish assistance
through the Special Rapporteur to States requesting it;
6. Invites the Special Rapporteur to continue the work with which he
has been entrusted and to submit to the Sub-Commission, at its forty-sixth
session, the next annual report and list updated on the basis of the
information received and to update his present report so that the Commission
on Human Rights, at its fiftieth session, will have before it the most recent
and accurate information available;
7. Also invites the Special Rapporteur to continue his work on the
draft guidelines for the development of legislation on states of emergency
and, in particular, to examine the question of non-derogable rights;
8. Further invites the Special Rapporteur to continue and expand his
contacts and to hold consultations with appropriate technical institutions and
experts with a view to receiving, storing and retrieving information relevant
to his mandate;
9. Requests the Secretary-General to provide the Special Rapporteur
with all the assistance he may require to carry out his work successfully and
to process the information submitted to him in an effective way;
10. Decides to examine the report and updated list transmitted by the
Special Rapporteur as a matter of priority at its forty-sixth session under
agenda item 10 (b), entitled "Question of human rights and states of
emergency";
11. Recommends the follow draft resolution to the Commission on Human
rights for adoption:
[For the text, see chap. I, sect. A, draft resolution II.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. XI.]
1993/29. Study concerning the right to restitution, compensation
and rehabilitation for victims of gross violations of
human rights and fundamental freedoms
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1989/13 of 31 August 1989, in which it decided
to entrust Mr. Theo van Boven with the task of undertaking a study concerning
the right to restitution, compensation and rehabilitation for victims of gross
violations of human rights and fundamental freedoms with a view to exploring
the possibility of developing basic principles and guidelines in this respect,
Having examined the study prepared by the Special Rapporteur contained in
his final report (E/CN.4/Sub.2/1993/8),
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page 70
Noting with particular interest the conclusions and recommendations, and
the proposed basic principles and guidelines contained in sections VIII and IX
of the final report,
1. Expresses its appreciation and profound thanks to the Special
Rapporteur, Mr. Theo van Boven, for the important work he has accomplished;
2. Shares the opinion of the Special Rapporteur that the question of
restitution, compensation and rehabilitation for victims of gross violations
of human rights and fundamental freedoms has received insufficient attention
and should be addressed more consistently and more thoroughly in all its
aspects both in the United Nations and other international organizations, and
at the national level;
3. Decides to transmit the study of the Special Rapporteur to the
Commission on Human Rights with a view to its publication and dissemination;
4. Invites the Commission on Human Rights to pay particular attention
to the conclusions and recommendations contained in the study, taking into
account the comments and observations made at the forty-fifth session of the
Sub-Commission;
5. Decides to examine further the proposed basic principles and
guidelines included in the study at its forty-sixth session and for that
purpose to establish, if necessary, a sessional working group at that session
with a view to adopting a body of such principles and guidelines, and requests
the Secretary-General to lend the sessional working group all necessary
assistance;
6. Requests the Secretary-General to invite Governments and competent
intergovernmental and non-governmental organizations to submit their comments
on the proposed basic principles and guidelines included in the study.
33rd meeting
25 August 1993
[Adopted without a vote. See chap. V.]
1993/30. Recognition of gross and large-scale violations of
human rights as an international crime
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Aware that gross and large-scale violations of human rights are a matter
of grave concern for mankind,
Believing that such violations, if they are perpetrated on the orders of
Governments or are sanctioned by them, pose the greatest danger to mankind,
Having discussed the working paper (E/CN.4/Sub.2/1993/10 and Corr.1)
submitted by Mr. Stanislav Chernichenko in accordance with its
decision 1992/109 of 27 August 1992,
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page 71
Considering that further measures should be taken to combat gross and
large-scale violations of human rights,
1. Expresses its appreciation to Mr. Stanislav Chernichenko for the
working paper on the definition of gross and large-scale violations of human
rights as an international crime;
2. Decides to recommend to the Commission on Human Rights the
appointment of Mr. Stanislav Chernichenko as Special Rapporteur to prepare a
report entitled "Recognition of gross and large-scale violations of human
rights perpetrated on the orders of Governments or sanctioned by them as an
international crime";
3. Decides to consider the report of the Special Rapporteur at its
forty-sixth session under the agenda item entitled "Review of further
developments in fields with which the Sub-Commission has been concerned";
4. Decides also to recommend that the Special Rapporteur take into
account the comments made on his working paper at its forty-fifth session;
5. Recommends that the Special Rapporteur include in his report a
draft declaration on the question mentioned above;
6. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 4.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. V.]
1993/31. Discrimination in the context of human immunodeficiency
virus (HIV) or acquired immunodeficiency syndrome (AIDS)
Mindful that respect for the principle of non-discrimination is the key
to the protection and realization of fundamental human rights and freedoms as
recognized and protected by international legal texts,
Convinced that discrimination against any person on the grounds of HIV
infection or AIDS is a contravention of this fundamental principle,
Concerned at discriminatory laws and policies and at social stigma and
discriminatory practices which deny people with HIV infection and people with
AIDS, their families, friends and those associated with them, as well as those
presumed to be infected or at risk of infection, enjoyment of their
fundamental rights and freedoms,
Concerned also that lack of full enjoyment of their fundamental rights by
persons suffering from economic, social or legal disadvantage heightens their
vulnerability to the risk of HIV infection,
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Bearing in mind World Health Assembly resolution WHA.45.35 of 14 May 1992
in which the Assembly recognized that there was no public health rationale for
any measures that limited the rights of the individual, notably measures
establishing mandatory screening, and called upon States to reinforce efforts
to oppose discrimination against persons and specific groups known to be or
suspected of being HIV-infected,
Recalling Commission on Human Rights resolution 1993/53 of 9 March 1993,
in which the Commission called upon all States to ensure respect for human
rights in the context of AIDS and to ensure full enjoyment of all rights by
people with HIV or AIDS, their families and those associated with them, and to
take measures to combat social stigmatization and discrimination,
Noting that, according to a report submitted to the Commission on the
Status of Women at its thirty-third session (E/CN.6/1989/6/Add.1), women are
especially vulnerable to the risk of HIV infection and to the economic and
social impact of AIDS as a result of their disadvantaged social, legal and
economic status,
Concerned that evidence indicates that other disadvantaged groups in
society suffering discrimination in the enjoyment of their fundamental rights
and freedoms, notably indigenous peoples, minorities, street children and
other children with inadequate care and those living in poverty and social
disadvantage, also appear more vulnerable to the risk of infection as a result
of disadvantage in access to education, health care and social services, and
that they suffer disproportionately from the economic and social consequences
of the pandemic,
Concerned also that the fear and ignorance surrounding AIDS are leading
to increased stigmatization of and prejudice against people with HIV or AIDS
and members of particular groups in society resulting, in some countries, in
increasing violence against such individuals, arbitrary detention and
deportation,
Recalling World Health Assembly resolution WHA.46.37 of 14 May 1993,
endorsed by the Economic and Social Council in its resolution 1993/51 of
29 July 1993, in which the Assembly requested the Director-General of the
World Health Organization to study the feasibility and practicability of
establishing a joint and co-sponsored United Nations programme on HIV and
AIDS,
1. Expresses its deep appreciation to the Special Rapporteur,
Mr. Luis Varela Quirós, for his final report on discrimination against
HIV-infected people or people with AIDS (E/CN.4/Sub.2/1992/10) and endorses
his conclusions and recommendations (E/CN.4/Sub.2/1993/9);
2. Calls upon all States to take all the necessary steps, including
the introduction of protective legislation and appropriate education to combat
discrimination, prejudice and stigma, to ensure the full enjoyment of civil,
political, economic, social and cultural rights by people with HIV and AIDS,
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their families and those associated with them, and people presumed to be at
risk of infection, with particular attention to women, children and other
vulnerable groups, in order to prevent discriminatory action against them or
their social stigmatization and to ensure their access to the necessary care
and support;
3. Also calls upon all States to strengthen their efforts to advance
the legal, economic and social status of women and indigenous peoples, as well
as of minorities and other groups suffering discrimination in the enjoyment of
their rights, to render them less vulnerable to HIV infection and to the
adverse socio-economic consequences of the pandemic;
4. Requests the Secretary-General to bring the present resolution to
the attention of the relevant United Nations working groups and special
rapporteurs, as well as to the treaty-monitoring bodies and those bodies
concerned with the status and rights of women;
5. Urges the relevant United Nations working groups and special
rapporteurs to consider the impact of AIDS and AIDS-related discrimination in
their reports, particularly relating to contemporary forms of slavery, extreme
poverty and adequate housing;
6. Expresses its grave concern at the continuation of the exploitation
of children and child prostitution in that it constitutes a serious risk of
AIDS transmission, and calls upon the Working Group on Contemporary Forms of
Slavery to pay urgent attention to this risk;
7. Requests the Secretary-General to report to the Sub-Commission at
its forty-sixth session on developments in the United Nations system following
the adoption of World Health Assembly resolution WHA.46.37 of 14 May 1993
concerning the possibility of establishing a joint United Nations programme on
HIV and AIDS.
33rd meeting
25 August 1993
[Adopted without a vote. See chap. V.]
1993/32. Human rights and the environment
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1990/7 of 30 August 1990, in which it entrusted
Mrs. Fatma Zohra Ksentini with the task of undertaking a study on human rights
and the environment,
Recalling also Commission on Human Rights resolution 1991/44 of
5 March 1991, in which the Commission endorsed the decision of the
Sub-Commission, and Economic and Social Council decision 1991/244 of
31 May 1991, in which the Council approved the endorsement of Ms. Ksentini as
Special Rapporteur to prepare a study on human rights and the environment,
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page 74
Recalling further its resolutions 1991/24 of 29 August 1991 and 1992/31
of 27 August 1992, in which it requested the Special Rapporteur to prepare for
the Sub-Commission progress reports on the subject,
1. Takes note with appreciation of the second progress report on human
rights and the environment (E/CN.4/Sub.2/1993/7) submitted by Mrs. Ksentini
pursuant to Sub-Commission resolution 1992/31 of 27 August 1992, and
Commission on Human Rights decision 1993/114 of 10 March 1993;
2. Endorses the recommendations contained in the second progress
report;
3. Requests the Special Rapporteur to continue her study on human
rights and the environment, taking into account, inter alia, the comments made
at the forty-fifth session of the Sub-Commission on her preliminary and
progress reports (E/CN.4/Sub.2/1991/8, E/CN.4/Sub.2/1992/7 and Add.1 and
E/CN.4/Sub.2/1993/7), as well as developments in this field relevant to the
study;
4. Also requests the Special Rapporteur to submit to the
Sub-Commission, at its forty-sixth session, a final report, which should
include a set of conclusions and recommendations aimed at developing basic
principles and guidelines with respect to human rights and the environment;
5. Invites the Secretary-General to organize an expert meeting prior
to the preparation of the final report in order to formulate recommendations
on the way in which the right to environment could be incorporated in the
activities of human rights bodies;
6. Invites the persons chairing human rights treaty monitoring bodies
to include the question of the right to environment on the agenda of their
next meeting and, if they so wish, to invite the Special Rapporteur to
participate in that meeting;
7. Requests the Secretary-General to invite Governments,
United Nations bodies, the specialized agencies, intergovernmental and
non-governmental organizations, indigenous peoples’ organizations and
international human rights organizations to provide the Special Rapporteur
with information relevant to the preparation of her report;
8. Also requests the Secretary-General to provide the Special
Rapporteur with all the assistance she may require for the preparation of her
study, and the necessary assistance to hold consultations with appropriate
United Nations specialized agencies and intergovernmental development
organizations and to compile and analyse the information and documents
collected;
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9. Decides to consider the final report of the Special Rapporteur at
its forty-sixth session under the agenda item entitled "Review of further
developments in fields with which the Sub-Commission has been concerned";
10. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap I, sect. B, draft decision 5.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. V.]
1993/33. Traditional practices affecting the
health of women and children
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1991/23 of 29 August 1991, in which it
recommended that the mandate of the Special Rapporteur, Mrs. Halima Embarek
Warzazi, be extended for two years so as to enable her to submit to the
Sub-Commission at its forty-fifth session a plan of action for the elimination
of harmful traditional practices affecting the health of women and children,
and a report on the regional seminar which would take place in Asia,
Recalling also Commission on Human Rights decision 1992/109 of
28 February 1992 approving the above recommendation,
Considering that traditional practices adversely affecting the health of
women and children, such as female genital mutilation, preference for male
children, nutritional taboos and other harmful practices, represent a gross
violation of human rights,
Recognizing the important work accomplished in this domain by concerned
non-governmental organizations,
Noting that States parties to the Convention on the Rights of the Child
are enjoined to take all effective and appropriate measures with a view to
abolishing traditional practices prejudicial to the health of children,
Convinced that the work to promote and advance the principles contained
in the International Bill of Human Rights and other international human rights
instruments cannot succeed without the full enjoyment by women of all the
human rights enshrined therein and full respect for those rights,
Noting that in April 1993 the Centre for Human Rights received a
favourable reply from Sri Lanka on hosting the regional seminar for Asia,
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1. Welcomes the offer of the Government of Sri Lanka;
2. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 6.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. V.]
1993/34. Human rights dimensions of population transfer, including
the implantation of settlers and settlements
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1990/17 of 30 August 1990 and 1991/28 of
29 August 1991, in which it decided to include the question of the human
rights dimensions of population transfer, including the implantation of
settlers and settlements, in its future work programme with a view to
considering further effective action on this matter,
Recalling also its resolution 1992/28 of 27 August 1992 and
Commission on Human Rights decision 1993/104 of 4 March 1993, in which
Mr. Awn Shawkat Al-Khasawneh and Mr. Ribot Hatano were entrusted with the
task of preparing a preliminary study on the question,
Recalling further that the Sub-Commission in its resolution 1992/28
recognized that practices of population transfer constituted a violation of
fundamental human rights,
1. Takes note with appreciation of the preliminary report on the human
rights dimensions of population transfer, including the implantation of
settlers and settlements (E/CN.4/Sub.2/1993/17 and Corr.1) submitted by
Mr. Awn Shawkat Al-Khasawneh and Mr. Ribot Hatano, which found, inter alia,
that population transfer is, prima facie, unlawful and violates a number of
rights affirmed in human rights and humanitarian law for both transferred and
receiving populations;
2. Endorses the conclusions and recommendations of the preliminary
report;
3. Regrets that Mr. Hatano is unable to be further involved in the
work on this subject as one of the Special Rapporteurs;
4. Requests Mr. Al-Khasawneh, as Special Rapporteur, to continue the
study on the human rights dimensions of population transfer, including the
implantation of settlers and settlements and to submit a progress report on
the question to the Sub-Commission at its forty-sixth session;
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5. Invites the Commission on Human Rights, at its fiftieth session,
to request the Secretary-General to organize a multidisciplinary expert
seminar prior to the preparation of the final report, in order to formulate
appropriate final conclusions and recommendations;
6. Requests the Secretary-General to invite Governments,
United Nations bodies and intergovernmental and non-governmental organizations
concerned to provide the Special Rapporteur with information relevant to the
preparation of his reports;
7. Also requests the Secretary-General to provide the Special
Rapporteur with all the assistance he may require for the preparation of his
study, and the necessary assistance to compile and analyse the information and
documents collected;
8. Invites the Commission on Human Rights to request the Special
Rapporteur to undertake on-site visits to diverse, ongoing cases of population
transfer selected on the basis of information received for the next report;
9. Decides to consider the progress report at its forty-sixth session
under the agenda item entitled "The realization of economic, social and
cultural rights";
10. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 6.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. IX.]
1993/35. Human rights and extreme poverty
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling Commission on Human Rights resolution 1992/11 of
21 February 1992, in which the Commission requested the Sub-Commission to
undertake a study on human rights and extreme poverty and to accord priority
in its work to that question,
Recalling also Commission on Human Rights resolution 1993/13 of
26 February 1993 and its own resolution 1992/27 of 27 August 1992, in which
it decided to appoint Mr. Leandro Despouy as Special Rapporteur with
responsibility for preparing the study, bearing particularly in mind the
approach defined in Commission resolution 1992/11,
Bearing in mind the invitation given to the Special Rapporteur by the
Commission on Human Rights, in its resolution 1993/13 of 26 February 1993, to
consider the possibility of organizing a seminar with a view to furthering
reflection on the topic "Extreme poverty and the denial of human rights" and
to make suggestions in that regard,
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Bearing in mind also the hope expressed by the Commission on Human
Rights, in its resolution 1993/13, the Commission, the Sub-Commission and the
Centre for Human Rights would be fully involved in the celebration of the
International Day for the Elimination of Poverty, proclaimed for
17 October each year by the General Assembly in its resolution 47/196
of 22 December 1992,
Mindful of the Vienna Declaration and Programme of Action adopted on
25 June 1993 by the World Conference on Human Rights, particularly its
paragraphs I.14 and I.25, in which it is affirmed that extreme poverty
constitutes a violation of human dignity and inhibits the full and effective
enjoyment of human rights and that it is essential for States to foster
participation by the poorest people in the decision-making process by the
community in which they live, the promotion of human rights and efforts to
combat extreme poverty,
1. Takes note with appreciation of the preliminary report on human
rights and extreme poverty (E/CN.4/Sub.2/1993/16) submitted by the Special
Rapporteur, Mr. Leandro Despouy;
2. Welcomes the approach proposed by the Special Rapporteur in his
report;
3. Approves the Special Rapporteur’s proposals concerning the holding
of the seminar requested by the Commission on the topic "Extreme poverty and
denial of human rights", which should be linked to the celebration of the
International Day for the Elimination of Poverty;
4. Requests the Special Rapporteur to submit to it, at its forty-sixth
session, an interim report on the topic of human rights and extreme poverty
taking account of the comments made, particularly by the members of the
Sub-Commission, during consideration of his preliminary report at its
forty-fifth session;
5. Requests the Secretary-General to continue his consultations on the
topic of human rights and extreme poverty with Governments, the specialized
agencies, intergovernmental organizations and non-governmental organizations
and to inform the Special Rapporteur of the conclusions of those
consultations;
6. Also requests the Secretary-General to provide the Special
Rapporteur with all the assistance necessary for the fulfilment of his mandate
including, as appropriate, assistance from consultants with specialized
knowledge of the subject;
7. Recommends the following draft resolution to the Commission on
Human Rights for adoption:
[For the text, see chap. I, sect. A, draft resolution III.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. IX.]
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1993/36. Promoting the realization of the right to adequate housing
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Reaffirming the right of every woman, man and child to a safe and secure
place to live in peace and dignity,
Deeply concerned that in excess of one billion persons are homeless or
inadequately housed, in violation of their internationally recognized and
legitimate human right to adequate housing,
Disturbed that, in spite of the broad recognition accorded to the right
to housing in numerous international instruments, the housing conditions of
citizens worldwide are deteriorating,
Disturbed also that housing rights have not been fully recognized, in
particular through domestic laws and policies,
Recalling Commission on Human Rights decision 1993/103 of 4 March 1993
and resolutions 1988/24 of 7 March 1988, 1987/22 of 10 March 1987 and
1986/36 of 12 March 1986,
Taking note of resolution 14/6 adopted on 5 May 1993 by the
United Nations Commission on Human Settlements at its fourteenth session,
Recalling its resolutions 1992/26 of 27 August 1992 and 1991/26 of
29 August 1991,
1. Expresses its appreciation to the Special Rapporteur,
Mr. Rajindar Sachar, for his progress report on promoting the realization of
the right to adequate housing (E/CN.4/Sub.2/1993/15), and endorses the
preliminary conclusions and recommendations contained in paragraphs 159 to 165
of the report;
2. Welcomes, in particular, the analysis of State responsibility and
the legal obligations arising from the human right to adequate housing, and
the recognition of the need for increased international cooperation;
3. Strongly encourages all Governments to pursue effective policies
and legislation aimed at creating conditions for ensuring the full realization
of the right to adequate housing of the entire population, concentrating on
those currently homeless or inadequately housed, and to take into account the
particularly negative impact on housing and living conditions that may result
from the adoption of economic adjustment and other policies based exclusively
upon the dictates of the free market;
4. Decides to extend the mandate of the Special Rapporteur by one year
to bring the length of his mandate into accordance with the practices of the
Sub-Commission and to enable him to explore fully the issues arising from the
right to adequate housing;
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5. Requests the Special Rapporteur to submit to the Sub-Commission, at
its forty-sixth session, a second progress report on promoting the realization
of the right to adequate housing and to examine, inter alia, the necessity of
adopting an international declaration or convention on the right to adequate
housing;
6. Invites all Governments, United Nations bodies, the specialized
agencies, intergovernmental and non-governmental organizations and
community-based organizations to provide the Special Rapporteur with
information relevant to the preparation of his report;
7. Urges the Centre for Human Rights, and in particular the advisory
services programme, to expand its expertise and make available to Governments,
at their request, technical assistance on the legal and practical aspects of
economic, social and cultural rights, in particular the right to adequate
housing;
8. Requests the Secretary-General and the Centre for Human Rights to
organize, prior to the completion of the Special Rapporteur’s final report in
1995, an expert seminar on the subject "The right to adequate housing and the
United Nations: towards a system-wide approach";
9. Also requests the Secretary-General to provide the Special
Rapporteur with all the financial, technical and expert assistance that he may
require to prepare his study and to compile and analyse the information, data,
views and documents collected, including, as appropriate, assistance from
consultants with expertise in the subject;
10. Decides to consider the second progress report of the Special
Rapporteur at its forty-sixth session under the agenda item entitled "The
realization of economic, social and cultural rights";
11. Recommends the following draft resolution to the Commission on
Human Rights for adoption:
[For the text, see chap. I, sect. A, draft resolution IV.]
33rd meeting
25 August 1993
[Adopted without a vote. See chap. IX.]
1993/37. Question of the impunity of perpetrators
of violations of human rights
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the principles enshrined in the Charter of the United Nations,
the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and
Political Rights, other relevant human rights instruments and the Geneva
Conventions of 12 August 1949,
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Recalling the interdependence and indivisibility of civil and political
rights and economic, social and cultural rights,
Convinced that the increasingly widespread practice worldwide of impunity
for perpetrators of violations of human rights is a fundamental obstacle to
the observance of human rights,
Recalling its resolution 1992/23 of 27 August 1992, in which it decided
to request Mr. El Hadji Guissé and Mr. Louis Joinet to draft a study on the
impunity of perpetrators of violations of human rights, and Commission on
Human Rights resolution 1993/43 of 5 March 1993, in which the Commission
endorsed the decision of the Sub-Commission,
Bearing in mind paragraph II.91 of the Vienna Declaration and Programme
of Action (A/CONF.157/23), in which the World Conference on Human Rights
supported the efforts of the Commission and the Sub-Commission to intensify
opposition to the impunity of perpetrators of serious violations of human
rights,
1. Welcomes the interim report (E/CN.4/Sub.2/1993/6) on the question
of the impunity of perpetrators of violations of human rights, prepared by
Mr. Guissé and Mr. Joinet pursuant to its resolution 1992/23 of
27 August 1992, and shares the opinion of the Special Rapporteurs that they
should undertake a study in two stages;
2. Requests Mr. Guissé and Mr. Joinet to submit a report, including
conclusions and recommendations, on the first aspect of the question of
impunity, with respect to civil and political rights at its forty-sixth
session;
3. Decides, having regard to the interdependence and indivisibility of
civil and political rights and economic, social and cultural rights, to
request the Special Rapporteurs to continue their study on the second aspect
of the question, concerning economic, social and cultural rights;
4. Requests the Secretary-General to provide the Special Rapporteurs
with any assistance required to enable them to discharge their task;
5. Invites Governments, competent bodies of the United Nations,
the specialized agencies, regional intergovernmental organizations and
non-governmental organizations to provide or continue to provide information
on the question;
6. Decides to consider the report on the first aspect of the question
of impunity at its forty-sixth session under the agenda item entitled "Review
of further developments in fields with which the Sub-Commission has been
concerned";
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7. Recommends the following draft resolution to the Commission on
Human Rights for adoption:
[For the text, see chap. I, sect. A, draft resolution V.]
34th meeting
26 August 1993
[Adopted without a vote. See chap. V.]
1993/38. Question of the implications for human rights of
United Nations actions, including the humanitarian
assistance in addressing international humanitarian
problems and in the promotion and protection of
human rights
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Mindful that one of the purposes of the United Nations is to achieve
international cooperation in solving problems of an economic, social, cultural
or humanitarian character, and in promoting and encouraging respect for human
rights and fundamental freedoms for all, without distinction as to race, sex,
language or religion,
Recalling General Assembly resolution 45/100 of 14 December 1990,
in which the Assembly reaffirmed the cardinal importance of humanitarian
assistance for the victims of natural disasters and similar emergency
situations,
Recalling also General Assembly resolution 45/102 of 14 December 1990,
in which the Assembly encouraged the international community to contribute
substantially and regularly to international humanitarian activities, and
stressing, in this context, the importance of further developing international
cooperation in the humanitarian field to facilitate better understanding,
mutual respect, confidence and tolerance among countries and peoples, thus
contributing to a more just and non-violent world,
Considering that all States Members of the United Nations have the duty
to respect and to promote respect for the basic principles of international
law enshrined in Article 2 of the Charter of the United Nations, as well as to
implement Articles 55 and 56,
Aware of the growing involvement of the United Nations in providing and
coordinating humanitarian assistance to the victims of disasters and other
emergency situations,
Recognizing the close relationship which exists between general
international law, international humanitarian and human rights law, and
humanitarian assistance,
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Aware that the modalities of United Nations action in the humanitarian
field, in particular the possibility of utilization of coercive measures in
addressing international humanitarian problems, would benefit from a thorough
evaluation and clarification in the light of the provisions of the Charter of
the United Nations,
Reaffirming the sovereignty, territorial integrity and national unity of
States, and that it is up to each State, first and foremost, to care for the
victims of natural disasters and similar emergency situations occurring on its
territory,
Taking into account the functions and competence established in the
Charter for the principal organs of the United Nations, in particular those
related to the promotion of universal respect for and observance of the human
rights and fundamental freedoms of all,
Mindful of the role of the Sub-Commission, as a body of independent
experts in the field of human rights, in providing United Nations competent
bodies with technical advice within its area of competence,
1. Expresses its appreciation to Mrs. Claire Palley for her
preparatory document on the question of the role of the United Nations in
international humanitarian activities and assistance and human rights
enforcement (E/CN.4/Sub.2/1993/39);
2. Reaffirms the important role of the United Nations system as a
whole in encouraging international cooperation in order to promote human
rights, as well as to address natural and man-made disasters, provide
assistance and coordinate disaster relief;
3. Decides to recommend to the Commission on Human Rights to authorize
the Sub-Commission to appoint Mrs. Claire Palley as special rapporteur on the
question of the various modalities of the possibility of United Nations action
under the Charter relating to humanitarian assistance when addressing
humanitarian problems, taking into account the principle of non-intervention
and other principles of general international law enshrined therein and the
need further to develop international cooperation in the humanitarian field
and the promotion and protection of human rights;
4. Requests the Special Rapporteur to submit a preliminary report at
its forty-sixth session, a progress report at its forty-seventh session and
her final report, if possible, at its forty-eighth session;
5. Invites the members of the Sub-Commission to submit to the
Special Rapporteur their views on the question;
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6. Requests the Secretary-General to provide the Special Rapporteur
with all necessary assistance, including the resources required, to complete
her study;
7. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 8.]
34th meeting
26 August 1993
[Adopted by 14 votes to none, with
7 abstentions. See chap. XX.]
1993/39. Independence of the judiciary, particularly with regard
to judges and lawyers, as well as court officers
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the principles enshrined in articles 7, 8, 10 and 11 of the
Universal Declaration of Human Rights and in articles 2, 14 and 26 of the
International Covenant on Civil and Political Rights,
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 shall be no discrimination in the
administration of justice,
Bearing in mind Part II, paragraphs 88, 90 and 95 of the Vienna
Declaration and Programme of Action (A/CONF.157/23),
Recalling its resolutions 1990/23 of 30 August 1990, 1991/35 of
29 August 1991 and particularly its resolution 1992/38 of 28 August 1992, in
which it decided to entrust the Special Rapporteur, Mr. Louis Joinet, with the
preparation of a report on the independence of the judiciary,
Recalling also Commission on Human Rights resolution 1993/44 of
5 March 1993, in which the Commission endorsed the decision of the
Sub-Commission,
Noting on the one hand the increasingly frequent attacks on their
independence suffered by judges and lawyers and court officers, and on the
other hand the link between the weakening of safeguards for the judiciary and
the intensity of violations of human rights,
1. Welcomes the report on the independence of the judiciary and the
protection of practising lawyers, prepared by the Special Rapporteur,
Mr. Louis Joinet, pursuant to Sub-Commission resolution 1992/38
(E/CN.4/Sub.2/1993/25 and Add.1) as the final report;
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2. Calls on Governments to strengthen the independence of judges and
lawyers and court officers, as a fundamental element in the protection of
human rights;
3. Accordingly recommends to the Commission on Human Rights to create
a monitoring mechanism to follow up the question of the independence and
impartiality of the judiciary, particularly with regard to judges and lawyers,
as well as court officers, and the nature of problems liable to attack this
independence and impartiality, and recommends that it take the form of a
special rapporteur whose mandate could consist of the following tasks:
(a) To submit any allegations transmitted to the special rapporteur to
adversarial examination;
(b) To identify and record attacks on the independence of the judiciary
and to provide technical assistance when requested;
(c) To study, for the purpose of making proposals, certain questions of
principle, inter alia justice and the fight against serious crime (including
terrorism and drug trafficking), justice and situations of emergency, justice
and the media, the status of the prosecuting authority, which, in view of
their importance and topicality, are priority matters;
4. Requests the Secretary-General to provide the special rapporteur
with all the assistance necessary for the completion of his task;
5. Recommends the following draft resolution to the Commission on
Human Rights:
[For the text, see chap. I, sect. A, draft resolution VI.]
34th meeting
26th August 1993
[Adopted without a vote. See chap. XII.]
1993/40. Human rights and income distribution
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Reaffirming the indivisibility, interdependence and interrelated nature
of economic, social and cultural rights and civil and political rights,
Mindful that the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights and a wide range of
additional texts provide unequivocally that all persons are entitled to the
full realization of economic, social and cultural rights,
Recalling paragraph I.10 of the Vienna Declaration and Programme of
Action (A/CONF.157/23), in which the World Conference on Human Rights,
inter alia reaffirmed the right to development as a universal and inalienable
right and an integral part of human rights, and urged States and the
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international community to promote an effective international cooperation for
the realization of the right to development and the elimination of obstacles
to development,
Aware that all States have legally binding obligations to respect,
protect and fulfil economic, social and cultural rights,
Convinced that equal attention and urgent consideration should be given
to the implementation, promotion and protection of civil, political, economic,
social and cultural rights,
Recalling the reports of the Special Rapporteur on the realization of
economic, social and cultural rights, Mr. Danilo Türk, in particular his final
report (E/CN.4/Sub.2/1992/16, paras. 76-84), which addressed a range of issues
concerning the relationship between the enjoyment of human rights and income
distribution,
Noting its resolution 1992/29 of 27 August 1992, in which it decided to
consider, at its forty-fifth session, the possibility of examining in a future
study the subject of income distribution and the realization of economic,
social and cultural rights,
Noting also Commission on Human Rights resolution 1993/14 of
26 February 1993, in which the Commission took note of the decision of the
Sub-Commission to consider the possibility of studying the subject of income
distribution and the realization of economic, social and cultural rights,
Disturbed that, according to the United Nations Development Programme
Human Development Report of 1992 and 1993, income distribution both within and
between nations is becoming increasingly unbalanced, with income concentrated
in fewer and fewer hands,
Deeply alarmed that the gap between the rich and the poor has more than
doubled over the past three decades, with the richest twenty per cent of the
world maintaining an eighty-three per cent share of global income,
Conscious of the impact of inequitable income distribution on the
realization of the rights to health, education, housing, food, environmental
quality and other economic, social and cultural rights,
Aware that the relationship between income distribution and growing
levels of poverty, as well as the violation of human rights, requires further
in-depth research and analysis by the human rights community,
Recalling the numerous legal foundations of economic, social and cultural
rights within international law, as well as within various domestic legal
systems,
Reiterating the fundamental principles of equality of treatment, human
dignity, equity and justice,
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Affirming the inherent linkages between the enjoyment of all human
rights, in particular economic, social and cultural rights, and the striving
towards a more equitable distribution of economic resources both within and
between nations,
Taking note of the Declaration on the Right to Development
(General Assembly resolution 41/128 of 4 December 1986, annex),
1. Urges all States to undertake political, economic, fiscal, social,
legal and other necessary measures designed to ensure more equitable access to
and control over economic and other resources;
2. Also urges the international community, the bodies and
organizations of the United Nations system, the specialized agencies, the
international financial institutions and other relevant actors to undertake
measures designed to close the current widening gap in income distribution,
both within and between nations;
3. Decides to entrust Mr. Asjbørn Eide with the task of producing,
without financial implications, a preparatory document on the relationship
between the enjoyment of human rights, in particular economic, social and
cultural rights, and income distribution, at both national and international
levels, taking also into account matters related to the realization of the
right to development, with a view to determining how most effectively to
strengthen activities in this field;
4. Requests Mr. Eide to consult the widest possible variety of sources
in the preparation of the preparatory document, including those of
non-governmental organizations;
5. Decides to examine the preparatory document to be submitted by
Mr. Eide at its forty-sixth session in order to consider further action on the
matter.
34th meeting
26 August 1993
[Adopted without a vote. See chap. IX.]
1993/41. Forced evictions
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolutions 1992/14 of 27 August 1992 and 1991/12 of
26 August 1991,
Recalling also Commission on Human Rights resolution 1993/77 of
10 March 1993,
Reaffirming that every woman, man and child has the right to a secure
place to live in peace and dignity,
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Concerned that, according to United Nations statistics, in excess of
one billion persons throughout the world are homeless or inadequately housed,
and that this number is growing,
Recognizing that the practice of forced eviction involves the involuntary
removal of persons, families and groups from their homes and communities,
resulting in increased levels of homelessness and in inadequate housing and
living conditions,
Disturbed that forced evictions and homelessness intensify social
conflict and inequality and invariably affect the poorest, most socially,
economically, environmentally and politically disadvantaged and vulnerable
sectors of society,
Aware that forced evictions can be carried out, sanctioned, demanded,
proposed, initiated or tolerated by a range of actors,
Aware also that racially motivated and other discriminatory motives are
behind a large number of forced evictions,
Emphasizing that ultimate legal responsibility for preventing forced
evictions rests with Governments,
Recalling that General Comment No. 2 (1990) on international technical
assistance measures, adopted by the Committee on Economic, Social and Cultural
Rights at its fourth session, states, inter alia, that international agencies
should scrupulously avoid involvement in projects which involve, among other
things, large-scale evictions or displacement of persons without the provision
of all appropriate protection and compensation (E/1990/23, annex III,
para. 6),
Mindful of the questions concerning forced eviction included in the
guidelines for States’ reports submitted in conformity with articles 16 and 17
of the International Covenant on Economic, Social and Cultural Rights
(E/1991/23, annex IV),
Noting with appreciation that the Committee on Economic, Social and
Cultural Rights, in its General Comment No. 4 (1991) considered that instances
of forced eviction were, prima facie, incompatible with the requirements of
the International Covenant on Economic, Social and Cultural Rights and could
only be justified in the most exceptional circumstances, and in accordance
with the relevant principles of international law (E/1992/23, annex III,
para. 18),
Noting the observations of the Committee on Economic, Social and Cultural
Rights at its fifth to eighth sessions concerning forced evictions,
Noting also the inclusion of forced evictions as one of the primary
causes of the international housing crisis in the working paper and first
progress report of the Special Rapporteur on promoting the realization of the
right to adequate housing, Mr. Rajindar Sachar (E/CN.4/Sub.2/1992/15 and
E/CN.4/Sub.2/1993/15),
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1. Reaffirms that the practice of forced eviction constitutes a gross
violation of human rights, in particular the right to adequate housing;
2. Strongly urges Governments to undertake all necessary immediate
measures, at all levels, aimed at rapidly eliminating the practice of forced
eviction;
3. Also strongly urges Governments to confer legal security of tenure
on all persons currently threatened with forced eviction and to adopt all
necessary measures giving full protection against forced eviction, based upon
effective participation, consultation and negotiation with affected persons or
groups;
4. Recommends that all Governments provide immediate restitution,
compensation and/or appropriate and sufficient alternative accommodation or
land, consistent with their wishes or needs, to persons and communities that
have been forcibly evicted, following mutually satisfactory negotiations with
the affected persons or groups;
5. Invites all international financial, trade, development and other
related institutions and agencies to take fully into account the views
contained in the present resolution, and pronouncements under international
law on the practice of forced eviction;
6. Invites all country and thematic rapporteurs of both the
Sub-Commission and the Commission on Human Rights to include instances of
forced eviction in their respective reports and to seek to monitor the
practice;
7. Decides to consider the issue of forced evictions at its
forty-sixth session and to discuss the analytical report of the
Secretary-General prepared in accordance with Commission on Human Rights
resolution 1993/77 under the agenda item entitled "The realization of
economic, social and cultural rights" and determine how most effectively to
continue its consideration of the issue of forced evictions.
34th meeting
26 August 1993
[Adopted without a vote. See chap. IX.]
1993/42. Rights of persons belonging to national or
ethnic, religious and linguistic minorities
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Welcoming General Assembly resolution 47/135 of 18 December 1992, in
which the Assembly adopted the Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities,
Aware of Commission on Human Rights resolution 1993/24 of 5 March 1993 on
the rights of persons belonging to national or ethnic, religious and
linguistic minorities,
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Aware also of article 27 of the International Covenant on Civil and
Political Rights concerning the rights of persons belonging to ethnic,
religious or linguistic minorities,
Recognizing that the role of the United Nations in the protection of
national or ethnic minorities should increase,
Concerned about the situation of national minorities in the areas of
armed conflict in former Yugoslavia, the former Soviet Union, and in other
regions and countries,
Desirous of increasing the effectiveness of the implementation of the
Declaration of the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities,
1. Appeals to all States to take all the necessary municipal
legislative, administrative and other measures to promote and give effect to
the principles of the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities, paying special
attention to the protection of the rights of national or ethnic minorities in
areas of armed conflict;
2. Strongly appeals to all States to conclude bilateral or, where
possible, multilateral agreements in order to ensure the rights of national or
ethnic minorities in their countries, and to observe them in accordance with
the standards of international humanitarian law in cases of armed conflict
which directly affect their interests;
3. Requests the Secretary-General to make available the resources
needed to provide monitoring, advisory assistance and financing to States in
connection with their activities related to the protection of the rights of
minorities.
34th meeting
26 August 1993
[Adopted without a vote. See chap. XVIII.]
1993/43. Protection of minorities
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Aware that the protection of different ethnic and religious groups is at
the core of the mandate of the Sub-Commission,
Deeply disturbed by the occurrence of ethnic and religious violence in
many parts of the world,
Convinced that neither minorities nor majorities are entitled to assert
their identity in ways which deny others the possibility to do the same, or
which lead to discrimination in the national society as a whole,
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Convinced also of the need to search for peaceful and constructive
solutions to situations involving minorities in accordance with international
law, including respect for the territorial integrity and political
independence of States,
Taking note of the adoption by the General Assembly, in its
resolution 47/135 of 18 December 1992, of the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities,
and convinced that its implementation is the best guidance for such
endeavours,
Observing that all groups should cooperate peacefully in the search for
constructive accommodation of their respective concerns and should abstain
from any use of violence,
Taking into account Commission on Human Rights resolution 1993/24 of
5 March 1993,
Taking also into account the views expressed during the discussion of the
final report on possible ways and means of facilitating the peaceful and
constructive solution of problems involving minorities (E/CN.4/Sub.2/1993/34
and Add.1-4) submitted by the Special Rapporteur, Mr. Asbjørn Eide,
1. Expresses its deep appreciation to the Special Rapporteur,
Mr. Asbjørn Eide, for his final report on possible ways and means of
facilitating the peaceful and constructive solution of problems involving
minorities (E/CN.4/Sub.2/1993/34 and Add.1-4);
2. Expresses its gratitude to those States which have supplied the
Special Rapporteur with information on their national experiences in this
field;
3. Recommends that the study be published in all the official
languages of the United Nations and given the widest possible circulation;
4. Endorses in general terms the recommendations contained in the
report (E/CN.4/Sub.2/1993/34/Add.4);
5. Urges the relevant treaty bodies to take note of recommendations 48
to 55 and recommendation 65;
6. Also urges the specialized agencies, notably the International
Labour Organisation, the United Nations Educational, Scientific and Cultural
Organization, the World Bank and the International Monetary Fund, and other
United Nations bodies, including the Office of the United Nations High
Commissioner for Refugees, to take account of recommendations 56 to 63 of the
report;
7. Invites States to take note of and to act upon the recommendations
contained in recommendations 4 to 22 of the report;
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8. Underlines that members of minorities should recognize and abide by
their responsibility to society, as noted in recommendation 20;
9. Invites States to take into account, in their bilateral and
regional cooperation, recommendations 25 to 34 of the report;
10. Recommends that non-governmental organizations study and act upon
recommendations 66 to 68 of the report;
11. Invites international religious organizations to take into account,
in their work, recommendation 69 of the report;
12. Recommends to the Commission on Human Rights:
(a) To study the proposal contained in recommendation 44 of the report
aimed at the establishment of a working group on minority issues open to
representatives of both Governments and minorities, and the mandate to be
given to such a group;
(b) To study and to give advice to the Centre for Human Rights
concerning recommendations 46 and 47 of the report, in particular on ways in
which the programme of technical assistance and advisory services can help in
the prevention of group conflicts;
13. Decides to consider at its next session the follow-up to be given
to the report, including the feasibility and usefulness of the preparation of
a more comprehensive programme for the prevention of discrimination and
protection of minorities;
14. Entrusts Mr. Asbjørn Eide with the task of preparing, without
financial implications, a working paper containing suggestions for such a
programme.
35th meeting
26 August 1993
[Adopted without a vote. See chap. XVIII.]
1993/44. Cultural and intellectual property of indigenous peoples
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1991/32 of 29 August 1991, in which it decided
to entrust Mrs. Erica-Irene A. Daes, as Special Rapporteur, with the task of
preparing a study of measures which should be taken by the international
community to strengthen respect for the cultural property of indigenous
peoples,
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Recalling also Economic and Social Council decision 1992/256
of 20 July 1992, in which the Council endorsed the appointment of
Mrs. Erica-Irene A. Daes as Special Rapporteur with the mandate to prepare
a study on the protection of the cultural and intellectual property of
indigenous peoples,
Bearing in mind the conclusions and recommendations of the United Nations
Technical Conference on Practical Experience in the Realization of Sustainable
and Environmentally Sound Self-development of Indigenous Peoples
(E/CN.4/Sub.2/1992/31, sect. V),
Aware of the importance attached by the United Nations Conference on
Environment and Development to the traditional knowledge of indigenous
peoples,
Mindful of the relevant conclusions and recommendations contained in the
report of the Working Group on Indigenous Populations on its eleventh session
(E/CN.4/Sub.2/1993/29),
Having considered the study prepared by the Special Rapporteur
(E/CN.4/Sub.2/1993/28),
1. Expresses its deep appreciation to the Special Rapporteur,
Mrs. Erica-Irene A. Daes, for her comprehensive study on the protection of the
cultural and intellectual property of indigenous peoples;
2. Endorses the conclusions and recommendations contained in the study
and, in particular, affirms that the heritage of indigenous peoples is their
own property, collective and inalienable;
3. Decides that the title of the study should be "Protection of the
heritage of the indigenous peoples";
4. Requests the Special Rapporteur to expand her study with a view to
elaborating draft principles and guidelines for the protection of the heritage
of the indigenous peoples and to submit a preliminary report containing such
principles and guidelines at its forty-sixth session;
5. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 11.]
35th meeting
26 August 1993
[Adopted without a vote. See chap. XV.]
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1993/45. Discrimination against indigenous peoples
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Bearing in mind that one of the purposes of the United Nations, as set
forth in the Charter, is the achievement of international cooperation in
solving international problems of an economic, social, cultural or
humanitarian character, and in promoting and encouraging respect for human
rights and fundamental freedoms for all without discrimination as to race,
sex, language or religion,
Recognizing the urgent need to recognize, promote and protect more
effectively the human rights and fundamental freedoms of indigenous peoples,
Recalling 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,
Recalling also General Assembly resolution 47/75 of 14 December 1992 on
the International Year of the World’s Indigenous People, 1993,
Taking note with appreciation of the report of the Working Group on its
eleventh session (E/CN.4/Sub.2/1993/29 and Add.1-2), and, in particular, of
the conclusions and recommendations,
Mindful of the relevant recommendations adopted by the World Conference
on Human Rights, in particular those contained in Part I, paragraph 20 and
Part II, paragraphs 28 to 32 of the Vienna Declaration and Programme of
Action (A/CONF.157/23),
1. Expresses its deep appreciation to the Working Group on
Indigenous Populations and in particular to its Chairperson-Rapporteur,
Ms. Erica-Irene A. Daes, for the work it has accomplished during its eleventh
session;
2. Endorses, in particular, the recommendation contained in Part II,
paragraph 32 of the Vienna Declaration and Programme of Action of the
World Conference on Human Rights, referring to the proclamation by the
General Assembly of an international decade of the world’s indigenous peoples,
to begin from January 1994;
3. Decides to recommend to the Commission on Human Rights the holding
of a seminar on indigenous land rights and claims, in which representatives of
indigenous peoples, Governments and experts will participate, with a view to
considering obstacles and problems related to these issues, and to analysing
and evaluating innovative legal procedures and recent court decisions, as well
as positive measures taken by States in this area;
4. Also decides to request the Commission on Human Rights to recommend
to the Economic and Social Council that the annual report of the Working Group
be made more widely available by being issued as a United Nations sales
publication;
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5. Further decides to request the Commission on Human Rights to
recommend to the Economic and Social Council that it approve the participation
of the Chairperson-Rapporteur, Mrs. Erica-Irene A. Daes, in the closing
ceremony of the International Year of the World’s Indigenous People, which
will take place in New York;
6. Requests the Secretary-General to consider establishing, as soon as
possible, a permanent forum for indigenous peoples in the United Nations
system;
7. Also requests the Secretary-General to prepare an annotated agenda
for the twelfth session of the Working Group containing, inter alia, the
following items: standard-setting activities, review of developments, the
study of treaties and agreements and other constructive arrangements with
indigenous peoples and States an international decade of the world’s
indigenous peoples, the Voluntary Fund for Indigenous Populations and the
United Nations operational activities and indigenous peoples;
8. Decides to recommend to the Commission on Human Rights the
following decision for adoption:
[For the text, see chap. I, sect. B, draft decision 12.]
35th meeting
26 August 1993
[Adopted without a vote. See chap. XV.]
1993/46. Draft United Nations declaration on the rights
of indigenous peoples
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolutions 1992/33 of 27 August 1992, 1991/30 of
29 August 1991 and 1985/22 of 29 August 1985,
Taking into account, in particular, paragraph 2, of its
resolution 1992/33, in which it endorsed the plan adopted by its Working
Group on Indigenous Populations at its tenth session for the completion of
the second reading of the text of the draft declaration on the rights of
indigenous peoples at its eleventh session and the possible submission of
the draft declaration to the Sub-Commission at its forty-fifth session,
Bearing in mind General Assembly resolution 47/75 of 14 December 1992,
paragraph 12 of Commission on Human Rights resolution 1993/30 of 5 March 1993,
paragraph 6 (a) of Commission resolution 1993/31 of 5 March 1993 and
paragraph II.28 of the Vienna Declaration and Programme of
Action (E/CN.4/Sub.2/1993/23),
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Having considered the report of the Working Group in Indigenous
Populations on its eleventh session (E/CN.4/Sub.2/1993/29 and Add.1-2),
Taking into account the contents of chapter X of that report,
Welcoming the conclusion of the deliberations of the Working Group on the
draft declaration on the rights of indigenous peoples,
1. Expresses its satisfaction at the conclusion of the deliberations
on the draft declaration on the rights of indigenous peoples by the Working
Group on Indigenous Populations at its eleventh session;
2. Expresses its gratitude to the Chairperson-Rapporteur of the
Working Group, Mrs. Erica-Irene A. Daes, for her contribution to the process
of drafting the draft declaration;
3. Decides:
(a) That the draft declaration shall be entitled "United Nations
Declaration on the Rights of Indigenous Peoples";
(b) To postpone until its forty-sixth session consideration of the
draft declaration agreed upon by the members of the Working Group in private
meetings during its eleventh session and contained in annex I to the report of
the Working Group (E/CN.4/Sub.2/1993/29);
(c) To request the Secretary-General to submit the draft declaration,
as soon as possible, to the appropriate services within the Centre for Human
Rights for its technical revision;
(d) To request also the Secretary-General to transmit the text of
the draft declaration to indigenous peoples and organizations, Governments
and intergovernmental and non-governmental organizations, as soon as the
technical revision of the draft declaration is completed and no later than
31 March 1994, and to include in the note of transmittal an explicit reference
to the fact that no further amendments to the technically revised text will be
accepted during the future standard-setting proceedings of the Working Group;
(e) To consider the draft United Nations declaration at its
forty-sixth session, in 1994, and, if possible, to submit it to the Commission
on Human Rights with the recommendation that the Commission consider and adopt
it at its fifty-first session, in 1995, on the understanding that the report
of the Working Group on its twelfth session will contain a summary of general
views expressed by the participants on the draft declaration;
4. Recommends to the Commission on Human Rights and to the Economic
and Social Council to take special measures to enable indigenous peoples to
participate fully and effectively, without regard to consultative status, in
the consideration of the draft United Nations declaration.
35th meeting
26 August 1993
[Adopted without a vote. See chap. XV.]
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B. Decisions
1993/101. Organization of work
At its 2nd meeting, on 3 August 1993, the Sub-Commission decided, without
a vote, to invite the following persons to participate in its meetings:
(a) In connection with item 4: Mr. Luis Varela Quiros, to submit his
final report on discrimination against HIV-infected people or people with AIDS
(E/CN.4/Sub.2/1993/9);
(b) In connection with item 4: Mr. Theo van Boven, to submit the final
report on the right to restitution, compensation and rehabilitation for
victims of gross violations of human rights and fundamental freedoms
(E/CN.4/Sub.2/1993/8);
(c) In connection with item 10 (d): Mr. William Treat, to submit
his third report on the right to a fair trial together with
Mr. Stanislav Chernichenko (E/CN.4/Sub.2/1993/24 and Add.1-2);
(d) In connection with item 15: Mr. Vitit Muntarbhorn, Special
Rapporteur of the Commission on Human Rights on the sale of children, child
prostitution and child pornography (pursuant to Commission resolution 1993/82
of 10 March 1993);
(e) In connection with the report of the Commission on Human Rights
on its forty-ninth session (E/1993/23-E/CN.4/1993/122): Mr. Mohamed Ennaceur,
Chairman of the forty-ninth session of the Commission on Human Rights.
[See chap. III.]
1993/102. Adoption of the agenda of the forty-fifth session of the
Sub-Commission
At its 2nd meeting, on 3 August 1993, the Sub-Commission decided, without
a vote: (i) To replace agenda item 5 (b), entitled "Adverse consequences for
the enjoyment of human rights of political, military, economic and other forms
of assistance given to the racist regime of south Africa", by a new subitem,
entitled "Monitoring of the transition to democracy in South Africa"; (ii) To
include a new item, entitled "Implications of humanitarian activities for the
enjoyment of human rights", on the agenda, as item 19.
[See chap. III.]
1993/103. Establishment of a sessional working group on detention
At its 2nd meeting, on 3 August 1993, the Sub-Commission decided, without
a vote, to establish a sessional working group on detention.
[See chap. III.]
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1993/104. Question of the reform of the procedure
governed by Economic and Social Council
resolution 1503 (XLVIII)
At its 15th meeting, on 12 August 1993, the Sub-Commission decided,
without a vote, to study the question of the reform of the procedure governed
by Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970,
including the possible abolition of that procedure, at its forty-sixth
session, under item 3 of its provisional agenda, and requested the secretariat
to prepare a working paper on the subject for consideration at that session
and to obtain the opinion of the United Nations Legal Counsel on the
interpretation to be given to paragraph 10 of resolution 1503 (XLVIII).
[See chap. VII.]
1993/105. Decision taken under agenda item 10
At its 19th meeting, on 16 August 1993, the Sub-Commission on Prevention
of Discrimination and Protection of Minorities decided, by 6 votes to 4, with
7 abstentions, to request its Chairman to request the competent authorities
of the United States of America to provide official information to the
Sub-Commission on the incident that took place on 29 July 1993 in Laredo,
Texas, in connection with a donation intended for religious institutions in
Cuba, which resulted in a hunger strike maintained for 17 days by 13 persons
who considered that they were prevented from exercising their civil rights and
whose health was deteriorating.
[See chap. XI.]
1993/106. Voting by secret ballot on proposals pertaining
to allegations of violations of human rights
in countries
At its 26th meeting, on 20 August 1993, the Sub-Commission decided,
without a vote, pursuant to Economic and Social Council resolution 1991/32
of 31 May 1991, to vote by secret ballot, whenever such a vote was requested,
on proposals pertaining to allegations of violations of human rights in
countries, including proposals of a procedural nature relating to proposals
of a substantive nature.
[See chap. VII.]
1993/107. Situation in Tibet
At its 26th meeting, on 20 August 1993, the Sub-Commission decided, under
rule 65, paragraph 2, of the rules of procedure of the functional commissions
of the Economic and Social Council, by secret ballot, by 17 votes to 6, with
2 abstentions, to take no decision on draft resolution E/CN.4/Sub.2/1993/L.26.
[See chap. VII.]
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1993/108. Arbitrary and summary executions
At its 33rd meeting, on 25 August 1993, the Sub-Commission decided,
under rule 65, paragraph 2, of the rules of procedure of the functional
commissions of the Economic and Social Council, by secret ballot by 17 votes
to 7, with 1 abstention, to take no decision on draft
resolution E/CN.4/Sub.2/1993/L.21.
[See chap. XI.]
1993/109. Question of the privatization of prisons
At its 33rd meeting, on 25 August 1993, the Sub-Commission on Prevention
of Discrimination and Protection of Minorities, having discussed the outline
prepared by Mrs. Claire Palley on this question (E/CN.4/Sub.2/1993/21),
expressed its deep satisfaction at the results of her work and decided,
without a vote, to request the Commission on Human Rights to authorize the
Sub-Commission at its forty-sixth session to appoint one of its members to
undertake a special study, inter alia on all the issues mentioned in
chapter IV of the above-mentioned outline.
[See chap. XI.]
1993/110. Study on treaties, agreements and other constructive
arrangements between States and indigenous
populations
At its 35th meeting, on 26 August 1993, the Sub-Commission, recalling its
resolutions 1990/28 of 31 August 1990 and 1989/38 of 1 September 1989 and its
decisions 1992/110 of 24 August 1992 and 1991/111 of 29 August 1991, welcomed
the discussions held at the eleventh session of the Working Group on
Indigenous Populations on the first progress report on the study on treaties,
agreements and other constructive arrangements between States and indigenous
populations (E/CN.4/Sub.2/1992/32), submitted in 1992 by the Special
Rapporteur, Mr. Miguel Alfonso Martínez, and decided, without a vote, to
reiterate its request to the Special Rapporteur to submit a second progress
report on the study to the Working Group at its twelfth session and to the
Sub-Commission at its forty-sixth session. It also decided to request the
Secretary-General to give the Special Rapporteur all the assistance necessary
to allow him to continue his work, in particular by providing for the
specialized research assistance required and for the necessary trips to Geneva
for consultation with the Centre for Human Rights. The Sub-Commission further
decided to recommend to the Commission on Human Rights that it request the
Economic and Social Council to endorse its decision.
[See chap. XV.]
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1993/111. Composition of the pre-sessional working groups of
the Sub-Commission
At its 36th meeting, on 27 August 1993, the Sub-Commission approved
the following composition of the pre-sessional working groups of the
Sub-Commission, with the understanding that, in view of the forthcoming
elections for half of the members of the Sub-Commission, to be held during the
fiftieth session of the Commission on Human Rights, the Chairman of the
Sub-Commission, in consultation with the regional groups, would take the
necessary action to replace any members of the pre-sessional working groups
not re-elected to the Sub-Commission.
[See chaps. X and XVI.]
Regional Groups Communications Indigenous Populations Contemporary Forms of Slavery
ASIA Mr. Tian Jin Mr. Hatano Mr. Ul-Hakim
AFRICA Mr. Yimer Mr. Ramadhane
Mr. Khalil (alternate)
Mrs. Warzazi
LATIN AMERICA Mrs. Forero
Mr. Heller
(alternate)
Mr. Alfonso Martínez
Mr. Despouy
(alternate)
Mr. Saboia
Mrs. Ferriol Echevarría
(alternate)
WESTERN EUROPE Mrs. Palley Mrs. Daes Mr. Bossuyt
EASTERN EUROPE Mr. Ramishvili Mr. Boutkevitch Mr. Maxim
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III. ORGANIZATION OF THE FORTY-FIFTH SESSION
A. Opening and duration of the session
1. The Sub-Commission on Prevention of Discrimination and Protection of
Minorities held its forty-fifth session at the United Nations Office at Geneva
from 2 to 27 August 1993. It held 36 meetings (E/CN.4/Sub.2/1993/SR.1-36 and
Adds.) during the session, of which three meetings were extended to the
equivalent of five additional meetings.
2. The session was opened by Mr. Miguel Alfonso Martínez, Chairman of the
Sub-Commission on the Prevention of Discrimination and Protection of
Minorities at its forty-fourth session, who made a statement. On behalf of
the Assistant-Secretary-General for Human Rights, a representative of the
Centre for Human Rights addressed the Sub-Commission at its 1st meeting. At
its 18th meeting, on 16 August 1993, the Assistant-Secretary-General for Human
Rights addressed the Sub-Commission.
B. Attendance
3. The session was attended by members of the Sub-Commission, by observers
from States Members of the United Nations, by observers from non-member States
and by representatives of intergovernmental organizations, national liberation
movements and non-governmental organizations. An attendance list is given in
annex II to the present report.
C. Election of officers
4. At its 1st meeting, on 2 August 1993, the Sub-Commission elected the
following officers by acclamation:
Chairman: Mr. Awn Shawkat Al-Khasawneh
Vice-Chairmen: Mr. Fisseha Yimer
Mrs. Clemencia Forero Ucros
Mr. Asbjørn Eide
Rapporteur: Mr. Ioan Maxim
D. Adoption of the agenda
5. Also at its 1st meeting, the Sub-Commission had before it the provisional
agenda for the forty-fifth session (E/CN.4/Sub.2/1993/1 and Add.1), drawn up,
in accordance with rule 5 of the rules of procedure of the functional
commissions of the Economic and Social Council, on the basis of the draft
provisional agenda considered by the Sub-Commission at its forty-fourth
session in accordance with paragraph 3 of Economic and Social Council
resolution 1894 (LVII).
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6. At the same meeting, statements were made with regard to the
provisional agenda for the forty-fifth session by Mr. Alfonso Martínez,
Mrs. Chavez, Mr. Chernichenko, Mrs. Daes, Mr. Eide, Mr. Hakim, Mr. Heller,
Mr. Joinet, Mr. Khalifa, Mrs. Palley, Mr. Sachar and Mrs. Warzazi.
7. Mr. Khalifa proposed the replacement of agenda item 5 (b), entitled
"Adverse consequences for the enjoyment of human rights of political,
military, economic and other forms of assistance given to the racist regime of
South Africa", by a new subitem, entitled "Monitoring of the transition to
democracy in South Africa".
8. Mrs. Warzazi proposed the inclusion of a new item on the agenda dealing
with the question of humanitarian intervention and assistance.
9. At the same meeting, the agenda was adopted without a vote, subject to
the proposed amendments being decided upon later.
10. At its 2nd meeting, on 3 August 1993, upon the recommendation of its
officers, the Sub-Commission decided: (i) to replace agenda item 5 (b) by a
new subitem entitled "Monitoring the transition to democracy in South Africa"
and (ii) to include on the agenda as item 19 a new item entitled "Implications
of humanitarian activities for the enjoyment of human rights" and to renumber
the original items 19 and 20 accordingly.
11. For the text of the decision, see chapter II, section B,
decision 1993/102.
12. The agenda as revised was adopted without a vote. For the text, see
annex I to the present report.
E. Organization of work
13. At its 2nd meeting, on 3 August 1993, upon the recommendation of its
officers, the Sub-Commission decided to invite a number of experts and Special
Rapporteurs to participate in the meetings at which their reports were to be
considered.
14. For the text of the decision as adopted, see chapter II, section B,
decision 1993/101.
15. Also at its 2nd meeting, the Sub-Commission accepted the recommendation
of its officers regarding the order of statements and limitation of the
frequency and duration of statements, taking into account the guidelines the
Sub-Commission had adopted at its forty-fourth session concerning its methods
of work (resolution 1992/8). Statements could be made by members at any time.
Statements by observers for organizations would be given priority over those
by government observers. Members of the Sub-Commission were to be limited
to statements of 20 minutes; observers from non-governmental and
intergovernmental organizations and States to one statement of 10 minutes, and
on composite items to a second statement of 5 minutes. It was also agreed
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that, with regard to statements equivalent to the right of reply, a first
statement would be limited to 5 minutes and a second to 3 minutes. Special
Rapporteurs would be permitted to speak for 35 minutes on their reports, to be
divided between the introduction of the report and the concluding remarks.
16. Also, at its 2nd meeting, the Sub-Commission, bearing in mind the
respective priority of the items and the availability of the relevant
documentation, accepted the recommendation of its officers to consider the
items on its agenda in the following order: 1, 2, 3, 5, 13, 15, 16, 6, 18,
12, 10, 11, 4, 7, 8, 14, 17, 9, 19, 20.
17. Also at its 2nd meeting, the Sub-Commission decided, without a vote, to
set up a sessional working group on detention.
18. At the 6th meeting, on 5 August 1993, the Chairman announced that the
Working Group on Detention would be composed of Mr. Alfonso Martínez,
Mr. Boutkevitch, Mrs. Chavez, Mr. Despouy, Mr. Guissé and Mr. Sachar.
Mr. Alfonso Martínez would replace Mr. Despouy during his absence.
19. For the text of the decision, see chapter II, section B,
decision 1993/103.
F. Meetings, resolutions and documentation
20. Written communications transmitted by Governments and non-governmental
organizations for circulation at the forty-fifth session of the Sub-Commission
are mentioned in the chapter on the items to which the communications refer.
21. The Sub-Commission adopted resolutions 1993/1 to 1993/46 and
took 11 decisions. The texts of these resolutions and decisions appear
in chapter II, sections A and B respectively.
22. Draft resolutions and decisions for action or consideration by the
Commission on Human Rights are set out in chapter I, sections A and B
respectively.
23. Information concerning the administrative and programme budget
implications of the resolutions and decisions adopted by the Sub-Commission at
its forty-fifth session is provided in annex III.
24. A list of the resolutions referring to matters drawn to the attention of
the Commission on Human Rights is contained in annex IV.
25. A list of studies under preparation, drawn up in accordance with
Commission on Human Rights resolution 1982/23, appears in annex V.
26. A list of documents issued for the forty-fifth session of the
Sub-Commission appears in annex VI.
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G. Other matters
27. At its 1st meeting, on 2 August 1993, the Sub-Commission, in accordance
with its decision 1985/109, observed a minute of silence in honour of the
victims of the evil and inhuman system of apartheid in South Africa.
28. Also at its 1st meeting, the Chairman of the forty-fourth session made a
statement on behalf of the Sub-Commission, expressing condolences on the death
on 31 July 1993 of King Baudouin of Belgium. Statements were also made by
Mr. Bossuyt and the observer for Belgium.
29. At the 5th meeting, on 4 August 1993, the Chairman of the forty-fifth
session of the Sub-Commission read out the following statement on behalf of
the Sub-Commission:
"The Sub-Commission on Prevention of Discrimination and Protection
of Minorities,
Recalling the repeated reaffirmations by the Security Council that
any taking of territory by force or any practice of ethnic cleansing is
unlawful and unacceptable and will not be permitted to affect the outcome
of the negotiations on constitutional arrangements for the Republic of
Bosnia and Herzegovina, and its insistence that all displaced persons be
enabled to return in peace to their homes,
Deeply disturbed by the fact that the draft constitutional
agreement for what is therein referred to as the Union of Republics of
Bosnia and Herzegovina constitutes a de facto partition of the Republic
of Bosnia and Herzegovina on ethnic and religious grounds,
Appeals to the international community to:
(a) Reject any partition which results from aggression,
intervention and massive violation of human rights, in particular the
abhorrent practice of ethnic cleansing that has developed into religious
cleansing;
(b) Deny the validity of any agreement sought to be obtained
under extreme duress from the Government of the Republic of Bosnia and
Herzegovina for purposes other than a cessation of hostilities paving the
way for the subsequent achievement of a peaceful settlement based on the
principles of the Charter of the United Nations, including respect for
human rights and fundamental freedoms."
30. At the 28th meeting, on 23 August 1993, Mrs. Attah and Mr. Saboia made
statements with regard to the incident that had taken place in Brazil,
involving the alleged killing of over 80 Yanomanis.
31. At the 34th meeting, on 26 August 1993, the Chairman read out a letter
addressed to him by the Permanent Representative of Peru to the United Nations
Office at Geneva, with regard to the alleged killing of 61 indigenous men,
women and children of the Ashaninka population.
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32. The letter was issued as an official document (E/CN.4/Sub.2/1993/43).
33. At the same meeting, the Chairman proposed to the members of the
Sub-Commission to make a proposal for possible action with regard to the
above-mentioned alleged killing.
34. No action was taken by the Sub-Commission.
35. At the 35th meeting, on 26 August 1993, a joint statement was made by
non-governmental organizations with regard to the status of, and improvement
in, the work and effectiveness of the Sub-Commission.
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IV. REVIEW OF THE WORK OF THE SUB-COMMISSION
36. The Sub-Commission considered agenda item 3 at its 2nd, 4th, 12th
and 26th meetings, on 3, 4, 11 and 20 August 1993.
37. At the 12th meeting, on 11 August 1993, the Chairman of the forty-ninth
session of the Commission on Human Rights, H.E. Mr. M. Ennaceur, addressed the
Sub-Commission.
38. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (2nd and 4th),
Mrs. Attah (2nd), Mr. Chernichenko (2nd), Mrs. Daes (2nd), Mr. Eide (2nd),
Mr. Guissé (2nd), Mr. Khalifa (2nd and 3rd) and Mrs. Warzazi (2nd).
39. At the 26th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.5, sponsored by Mr. Eide, Mr. Maxim and
Mr. Yimer.
40. Mrs. Ksentini proposed amending the draft resolution by adding the
following text to operative paragraph 4:
"as well as on the means to ensure the follow-up of recommendations
and conclusions of studies undertaken under the auspices of the
Sub-Commission;"
41. Mr. Bossuyt proposed the following amendments:
(a) Delete the first three operative paragraphs, which read as follows:
"1. Decides to initiate a programme of familiarization of the
work of the Sub-Commission for new members and alternates;
"2. Requests the Secretary-General, as a first step, to prepare a
basic information kit about the Sub-Commission, the Commission and the
other human rights bodies of the United Nations, with particular emphasis
on the substantive issues examined and the procedures used by the
Sub-Commission in its work. This information kit should be presented to
the newly elected members of the Sub-Commission and their alternates upon
their election by the Commission in 1994;
"3. Recommends that, in addition to completed Sub-Commission
studies being published when so decided by the relevant bodies, a brief
summary of each completed study be prepared and given the widest possible
distribution in various languages;"
1/ The number in parentheses following the names of States or
organizations indicates the meeting at which the statement was made.
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(b) Renumber operative paragraph 4, as amended, as operative
paragraph 1.
42. The proposed amendments were accepted by the sponsors.
43. Statements relating to the draft resolution and the amendments thereto
were made by Mr. Alfonso Martínez, Mr. Bossuyt, Mr. Eide, Mr. Heller,
Mr. Joinet, Mrs. Ksentini and Mrs. Warzazi.
44. The draft resolution, as amended, was adopted without a vote.
45. For the text of the resolution, see chapter II, section A,
resolution 1993/4.
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V. REVIEW OF FURTHER DEVELOPMENTS IN FIELDS WITH WHICH
THE SUB-COMMISSION HAS BEEN CONCERNED
46. The Sub-Commission considered item 4 at its 2nd, 6th, 7th, 20th, 22nd
to 27th, 33rd and 34th meetings on 3, 5, 6, 17 to 25 and 26 August 1993.
47. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Note by the Secretary-General (E/CN.4/Sub.2/1993/2);
Memorandum submitted by the International Labour Office
(E/CN.4/Sub.2/1993/3);
Report submitted by the United Nations Educational, Scientific and
Cultural Organization: UNESCO activities concerning promoting and
protecting the rights of persons belonging to national or ethnic,
religious and linguistic minorities (E/CN.4/Sub.2/1993/4);
Progress report on the question of the impunity of perpetrators of
violations of human rights prepared by Mr. Guissé and Mr. Joinet,
pursuant to Sub-Commission resolution 1992/23 (E/CN.4/Sub.2/1993/6);
Human rights and the environment: second progress report prepared by
Mrs. Fatma Zohra Ksentini, Special Rapporteur (E/CN.4/Sub.2/1993/7);
Study concerning the right to restitution, compensation and
rehabilitation for victims of gross violations of human rights and
fundamental freedoms: final report submitted by Mr. Theo van Boven,
Special Rapporteur (E/CN.4/Sub.2/1993/8);
Discrimination against HIV-infected people or people with AIDS:
conclusions and recommendations: final report submitted by
Mr. Luis Varela Quirós, Special Rapporteur (E/CN.4/Sub.2/1993/9);
Definition of gross and large-scale violations of human rights as an
international crime: working paper submitted by
Mr. Stanislav Chernichenko in accordance with Sub-Commission
decision 1992/109 (E/CN.4/Sub.2/1993/10 and Corr.1);
Preparatory document submitted by Mrs. Claire Palley on the question of
the role of the United Nations in international humanitarian activities
and assistance and human rights enforcement, bearing in mind the
principle of non-interference (E/CN.4/Sub.2/1993/39);
Written statement submitted by the International Fellowship of
Reconciliation, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/1);
Written statement submitted by the International Federation Terre des
Hommes, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/24);
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Written statement submitted by the International Fellowship of
Reconciliation, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/26).
48. At the 21st meeting, on 17 August 1993, Mr. Theo van Boven, Special
Rapporteur, introduced his final report (E/CN.4/Sub.2/1993/8).
Mr. S. Chernichenko, in his function as commentator in accordance with
guideline No. 5 adopted by the Sub-Commission at its forty-fourth session
(resolution 1992/8, annex), made his observations.
49. At the same meeting, Mr. Joinet introduced the progress report prepared
by Mr. Guissé and himself (E/CN.4/Sub.2/1993/6).
50. At the 22nd meeting, on 18 August 1993, Mr. Chernichenko introduced his
working paper (E/CN.4/Sub.2/1993/10).
51. At the same meeting, Mrs. Ksentini, Special Rapporteur, introduced her
second progress report (E/CN.4/Sub.2/1993/7).
52. At the 23rd meeting, on 18 August 1993, Mr. Varela Quirós,
Special Rapporteur, presented his final report (E/CN.4/Sub.2/1993/9).
53. At the same meeting, Mrs. Warzazi, Special Rapporteur, made a statement
concerning the elimination of harmful traditional practices affecting the
health of women and children.
54. At the 27th meeting, on 20 August 1993, a representative of the
secretariat made a statement with respect to questions raised by Mrs. Warzazi.
55. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (6th),
Mrs. Attah (21st), Mr. Boutkevitch (23rd), Mr. Chernichenko (21st, 24th),
Mr. Despouy (24th), Mr. Eide (22nd), Mr. Guissé (21st, 22nd, 23rd, 25th),
Mr. Heller (23rd), Mr. Joinet (21st, 23rd), Mr. Khalifa (2nd),
Mr. Khalil (24th), Mrs. Ksentini (21st, 24th), Mr. Merrills (23rd),
Mrs. Palley (20th), Mr. Sachar (22nd), Mr. Tian Jin (25th), Mrs. Warzazi (2nd,
6th, 21st, 23rd, 24th), Mr. Yimer (2nd).
56. The representative of the World Health Organization made a
statement (23rd).
57. A statement was also made by the observer for the Democratic People’s
Republic of Korea (25th).
58. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: African Association of Education
for Development (27th), American Association of Jurists (23rd), Andean
Commission of Jurists (25th), Centre Europe Tiers Monde (25th), Disabled
Peoples’ International (25th), Habitat International Coalition (23rd),
Human Rights Advocates, Inc. (27th), International Association against
Torture (25th), International Association of Democratic Lawyers (25th),
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International Association of Educators for World Peace (22nd), International
Commission of Jurists (20th), International Educational Development (27th),
International Fellowship of Reconciliation (20th), International Lesbian and
Gay Association (6th), International League for the Rights and Liberation of
Peoples (25th), Latin American Federation of Associations of Relatives of
Disappeared Detainees (27th), Liberation (20th), National Aboriginal and
Islander Legal Service Secretariat (25th), Service Peace and Justice in
Latin America (27th), Sierra Club Legal Defense Fund, Inc. (25th), Third World
Movement against the Exploitation of Women (25th), War Amputations of
Canada (25th), World University Service (25th).
59. Statements equivalent to a right of reply were made by the observers
for the Islamic Republic of Iran (21st), Japan (21st), Turkey (23rd) and
Uruguay (25th).
60. At the 22nd meeting, on 18 August 1993, Mr. van Boven, Special
Rapporteur, made his concluding remarks.
Study concerning the right to restitution, compensation and rehabilitation for
victims of gross violations of human rights and fundamental freedoms
61. At the 33rd meeting, on 25 August, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.32, sponsored by Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevitch, Mrs. Chavez, Mrs. Daes, Mr. Despouy, Mr. Eide, Mr. Guissé,
Mr. Hakim, Mr. Khalil, Mrs. Palley, Mr. Ramadhane, Mr. Sachar, Mrs. Warzazi,
Mr. Yimer and Mr. Yokota. Mrs. Ksentini subsequently joined the sponsors.
62. Mr. Bossuyt, on behalf of the sponsors, revised the French text of the
draft resolution by replacing in operative paragraph 2 the word "sérieuse" by
the word "approfondie".
63. Mrs. Ksentini proposed inserting, in operative paragraph 2, after the
word "thoroughly" the words "in all its aspects".
64. Mr. Alfonso Martínez proposed inserting, in operative paragraph 5,
between the words "establish" and "a sessional working group" the words "if
necessary".
65. The amendment was accepted by the sponsors.
66. A statement relating to the draft resolution and the revision and
amendments was made by Mr. Guissé.
67. The draft resolution, as revised and amended, was adopted without a vote.
68. For the text as adopted, see chapter II, section A, resolution 1993/29.
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Definition of gross and large-scale violations of human rights as an
international crime
69. At the same meeting, the Sub-Commission considered draft
decision E/CN.4/Sub.2/1993/L.38, sponsored by Mrs. Attah, Mr. Boutkevitch,
Mrs. Chavez, Mrs. Daes, Mr. Eide, Mr. Yokota, Mr. Heller, Mr. Khalil and
Mr. Ramadhane.
70. Mrs. Ksentini proposed the following amendments to operative paragraphs 2
and 6:
(a) Insert after the words "gross and", the word "or";
(b) Delete the words "perpetrated on the orders of Governments or
sanctioned by them".
71. Statements relating to the draft resolution and the proposed amendments
were made by Mr. Alfonso Martínez, Mr. Chernichenko, Mr. Despouy, Mr. Joinet,
Mrs. Ksentini and Mrs. Warzazi.
72. Mrs. Ksentini withdrew the proposed amendments.
73. Mrs. Warzazi proposed replacing, in operative paragraph 2, the word
"appoint" by the words "recommend to the Commission on Human Rights the
appointment of".
74. The Chairman proposed amending the title of the draft resolution by
replacing the word "definition" by the word "recognition".
75. These amendments were accepted by the sponsors.
76. The draft resolution, as amended, was adopted without a vote.
77. A statement on the estimate of the programme budget implications of
implementing the draft resolution was made by a representative of the
Secretary-General, in accordance with rule 28 of the rules of procedure of the
functional commissions of the Economic and Social Council.
78. In reply to questions raised by Mr. Alfonso Martínez, the representative
of the Secretary-General gave a further clarification.
79. For the text as adopted, see chapter II, section A, resolution 1993/30.
Final report on the study on problems and causes of discrimination against
HIV-infected people or people with AIDS
80. At the same meeting, the Sub-Commission considered draft
decision E/CN.4/Sub.2/1993/L.40, sponsored by Mrs. Attah, Mr. Despouy,
Mr. Eide, Mr. Guissé, Mr. Hakim, Mr. Heller, Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mrs. Palley, Mr. Ramadhane, Mr. Saboia, Mr. Sachar,
Mrs. Warzazi, Mr. Yimer and Mr. Yokota. Mr. Maxim subsequently joined the
sponsors.
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81. Mr. Guissé proposed amending the draft resolution by inserting, in
operative paragraph 7, after the words "and child prostitution" the words "in
that it constitutes a serious risk of AIDS transmission".
82. Mr. Alfonso Martínez proposed deleting operative paragraph 2 and
renumbering the subsequent paragraphs accordingly. Operative paragraph 2
read:
"2. Calls upon all States to review their laws, policies and
practices in the context of HIV and AIDS and to ensure that they respect
human rights standards, including the general prohibition of
discrimination on the ground of any status, bearing in mind the total
absence of any objective or reasonable criteria, or any public health
consideration, which could justify any other approach;".
83. Both amendments were accepted by the sponsors.
84. The draft resolution was adopted without a vote.
85. For the text as adopted, see chapter II, section A, resolution 1993/31.
Human rights and the environment
86. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.41, sponsored by Mr. Alfonso Martínez,
Mrs. Attah, Mr. Boutkevitch, Mr. Chernichenko, Mrs. Daes, Mr. Despouy,
Mr. Eide, Mrs. Forero Ucros, Mr. Hakim, Mr. Hatano, Mr. Heller, Mr. Joinet,
Mr. Khalil, Mrs. Palley, Mr. Ramadhane, Mr. Saboia, Mr. Sachar, Mr. Tian Jin,
Mrs. Warzazi and Mr. Yimer. Mr. Alfonso Martínez and Mr. Maxim subsequently
joined the sponsors.
87. Mrs. Warzazi made the following revision:
Add, in operative paragraph 6, after the word "bodies", the
words "created pursuant to international human rights instruments".
88. Mr. Bossuyt proposed the following amendment:
Delete, at the end of operative paragraph 6, the words "and to invite
the Special Rapporteur to participate in the meetings".
89. Mrs. Ksentini proposed the following amendment:
Replace, in operative paragraph 6 and in the corresponding text in
operative paragraph 10, the words "Chairmen of human rights bodies" by
the words "persons chairing human rights treaty-monitoring bodies to
include the question of the right to environment on the agenda of their
next meeting, and if they so wish,".
90. The amendment proposed by Mrs. Ksentini was accepted by the sponsors.
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91. Statements relating to the draft resolution and the amendment thereto
were made by Mr. Alfonso Martínez, Mr. Despouy, Mr. Heller, Mrs. Ksentini and
Mrs. Palley.
92. The draft resolution was adopted without a vote.
93. For the text as adopted, see chapter II, section A, resolution 1993/32.
Traditional practices affecting the health of women and children
94. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.50, sponsored by Mrs. Attah, Mr. Bossuyt,
Mrs. Daes, Mr. Despouy, Mr. Eide, Mrs. Forero Ucros, Mr. Hakim, Mr. Khalil
and Mr. Yimer.
95. Mrs. Warzazi proposed the following amendment:
Insert, in the third preambular paragraph, after the words "nutritional
taboos", the words "and other harmful practices".
96. The amendment was accepted by the sponsors.
97. Statements relating to the draft resolution and the proposed amendment
were made by Mr. Despouy, Mr. Heller, Mr. Joinet and Mrs. Palley.
98. The draft resolution, as amended, was adopted without a vote.
99. For the text as adopted, see chapter II, section A, resolution 1993/33.
Question of the impunity of perpetrators of violations of human rights
100. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.51, sponsored by Mr. Despouy, Mr. Eide,
Mr. Khalil and Mr. Yokota.
101. Mr. Joinet proposed the following amendments:
(a) Replace, in the second preambular paragraph and operative
paragraph 3, the words "economic and social rights" by the words "economic,
social and cultural rights";
(b) Add, at the end of operative paragraph 1, the words: "and shares
the opinion of the Special Rapporteurs that they should undertake a study in
two stages";
(c) Replace, in operative paragraph 2, the words "a report on the first
aspects of the question of impunity" by the words "a report, including
conclusions and recommendations, on the first aspect of the question of
impunity, with respect to civil and political rights";
(d) Replace in operative paragraph 3, the words "a working paper in
preparation for the study of" by the words "their study on".
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102. The amendments were accepted by the sponsors.
103. Statements relating to the amendments were made by Mr. Alfonso Martínez
and Mrs. Ksentini.
104. The Sub-Commission decided to postpone consideration of draft
resolution E/CN.4/Sub.2/1993/L.51.
105. At its 34th meeting, on 26 August 1993, the Sub-Commission resumed
consideration of draft resolution E/CN.4/Sub.2/1993/L.51.
106. Statements relating to the draft resolution were made by
Mr. Alfonso Martínez and Mr. Joinet.
107. The draft resolution, as amended, was adopted without a vote.
108. For the text as adopted, see chapter II, section A, resolution 1993/37.
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VI. ELIMINATION OF RACIAL DISCRIMINATION
A. Measures to combat racism and racial discrimination
and the role of the Sub-Commission
109. The Sub-Commission considered sub-item (a) of agenda item 5 at its 2nd,
3rd, 4th, 5th, 6th, 17th and 18th meetings on 3, 4, 5, 13 and 16 August 1993.
110. The Sub-Commission had before it a letter dated 4 August 1993 from the
Chairman of the forty-fifth session of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities addressed to the President of
Bosnia and Herzegovina, the Co-Chairmen of the Steering Committee of the
International Conference on the Former Yugoslavia and the Secretary-General of
the United Nations (E/CN.4/Sub.2/1993/38).
111. In the general debate on the sub-item, statements 1/ were made by
the following members of the Sub-Commission: Mr. Alfonso Martínez (5th, 6th),
Mrs. Attah (2nd, 5th), Mr. Bossuyt (3rd, 5th), Mr. Boutkevitch (3rd),
Mrs. Chavez (3rd), Mr. Chernichenko (2nd, 4th, 5th, 6th), Mrs. Daes (4th),
Mr. Eide (2nd, 3rd, 4th, 5th), Mrs. Forero Ucros (2nd), Mr. Guissé (3rd, 5th,
6th), Mr. Hakim (2nd), Mr. Hatano (5th), Mr. Heller (2nd, 5th),
Mr. Joinet (3rd, 4th), Mr. Khalifa (4th), Mr. Maxim (3rd, 5th), Mrs. Palley
(2nd, 3rd), Mr. Sachar (2nd, 5th), Mr. Tian Jin (3rd, 5th), Mrs. Warzazi
(2nd, 3rd, 4th, 5th) and Mr. Yimer (2nd).
112. Statements were made by the observers for Albania (5th), China (6th),
Nigeria (5th), the Syrian Arab Republic (6th) and Turkey (6th).
113. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: Centre Europe-Tiers Monde (6th),
International Association against Torture (6th), International Council of
Jewish Women (5th), International Federation of Human Rights (6th),
International Fellowship of Reconciliation (5th), Minority Rights Group (6th),
Movement against Racism and for Friendship among Peoples (6th).
114. Statements equivalent to the right of reply were made by the observers
for Estonia (6th) and Latvia (6th).
115. At the 17th meeting, on 13 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.3, sponsored by Mr. Alfonso Martínez,
Mr. Eide, Mr. Heller, Mr. Khalil, Mrs. Ksentini, Mr. Hakim, Mr. Tian Jin,
Mrs. Warzazi and Mr. Yimer. Mrs. Attah subsequently joined the sponsors.
116. Statements with regard to the draft resolution were made by
Mr. Alfonso Martínez, Mrs. Attah, Mr. Bossuyt, Mrs. Chavez, Mrs. Daes,
Mr. Eide, Mr. Guissé, Mr. Hakim, Mr. Heller, Mr. Joinet, Mrs. Ksentini,
Mr. Sachar and Mrs. Warzazi.
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117. Mr. Bossuyt proposed amending the draft resolution by replacing operative
paragraph 2, which read: "Recommends that the Special Rapporteur begin his
mandate by examining the situation in the regions of the world where theories
and attitudes of racial superiority originated and were most widespread, that
is to say in Europe and in other regions predominantly settled by persons of
European origin" by the following paragraph:
"Recommends that the Special Rapporteur examine the situation in all
regions of the world, paying particular attention to the regions where
theories and attitudes of racial superiority are most widespread."
118. Mr. Sachar proposed replacing the same paragraph by the following:
"Recommends that the Special Rapporteur study this aspect in full and
begin his mandate by examining the situation in Europe."
119. Mr. Hakim proposed amending the same paragraph by replacing the words
"originated and were" with the words "are at present".
120. Mr. Heller proposed the following amendment to operative paragraph 2: to
replace the remainder of the sentence, after "Recommends that the Special
Rapporteur begin his mandate", by "paying particular attention to the
incidents which are increasing in the developed countries, as well as to the
theories and attitudes which give rise to them".
121. Mrs. Warzazi proposed replacing in operative paragraph 2 the word "begin"
with the words "carry out".
122. The Sub-Commission decided to postpone its consideration of draft
resolution E/CN.4/Sub.2/1993/L.3.
123. At the 19th meeting, on 16 August 1993, the Chairman proposed amending
the draft resolution by replacing operative paragraph 2 with a new paragraph.
124. The draft resolution, thus amended, was adopted without a vote.
125. For the text of the resolution as adopted, see chapter II, section A,
resolution 1993/3.
B. Monitoring the transition to democracy in South Africa
126. The Sub-Commission considered sub-item (b) of agenda item 5 at its 4th,
5th, 6th and 16th meetings, on 4, 5, 6 and 13 August 1993.
127. In connection with its consideration of the sub-item, the Sub-Commission
had before it the preliminary report on monitoring the transition to democracy
in South Africa, submitted by Mrs. Judith Sefi Attah, Special Rapporteur,
pursuant to Sub-Commission resolution 1992/6 (E/CN.4/Sub.2/1993/11).
128. At the 4th meeting, on 4 August 1993, the Special Rapporteur introduced
her report.
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129. In the general debate on the sub-item, statements 1/ were made by
the following members of the Sub-Commission: Mr. Alfonso Martínez (6th),
Mr. Bossuyt (6th), Mrs. Daes (4th), Mrs. Forero Ucros (5th),
Mr. Guissé (4th), Mr. Joinet (4th), Mr. Khalifa (4th, 6th), Mrs. Palley (4th),
Mr. Tian Jin (5th), Mrs. Chavez (4th), Mrs. Warzazi (4th) and Mr. Yimer
(4th, 6th).
130. Statements were made by the observers for China (6th), the Democratic
People’s Republic of Korea (5th), Egypt (6th), Mauritius (5th), Nigeria (5th),
the Syrian Arab Republic (6th) and the United Republic of Tanzania (6th).
131. A statement was made by the observer for the Pan-Africanist Congress of
Azania (5th).
132. At the 6th meeting, on 6 August 1993, the Special Rapporteur made her
concluding remarks.
133. At the 17th meeting, on 13 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.2, sponsored by Mr. Alfonso Martínez,
Mr. Boutkevitch, Mrs. Chavez, Mr. Chernichenko, Mrs. Daes, Mr. Eide,
Mrs. Forero Ucros, Mr. Genot, Mr. Guissé, Mr. Hakim, Mr. Hatano, Mr. Heller,
Mr. Khalifa, Mrs. Mbonu, Mrs. Palley, Mr. Sachar, Mr. Tian Jin, Mrs. Warzazi
and Mr. Yimer. Mrs. Attah and Mr. Saboia subsequently joined the sponsors.
134. The draft resolution was adopted without a vote.
135. For the text of the resolution as adopted, see chapter II, section A,
resolution 1993/1.
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VII. QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS, INCLUDING POLICIES OF RACIAL DISCRIMINATION
AND SEGREGATION AND OF APARTHEID, IN ALL COUNTRIES, WITH
PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT
COUNTRIES AND TERRITORIES: REPORT OF THE SUB-COMMISSION
UNDER COMMISSION ON HUMAN RIGHTS RESOLUTION 8 (XXIII)
136. The Sub-Commission considered item 6 at its 10th to 17th, 26th, 27th and
29th meetings, on 10 to 13, 20 and 23 August 1993.
137. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Note by the Secretary-General (E/CN.4/Sub.2/1993/12);
Note by the Secretary-General (E/CN.4/Sub.2/1993/13);
Situation in East Timor: note by the secretariat (E/CN.4/Sub.2/1993/14);
Letter dated 26 July 1993 addressed to the Centre for Human Rights by the
Permanent Representative of Peru to the United Nations Office at Geneva
(E/CN.4/Sub.2/1993/37);
Written statement submitted by Pax Christi International, a
non-governmental organization in consultative status (category II)
(E/CN.4/Sub.2/1993/NGO/3);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/5);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization (category II)
(E/CN.4/Sub.2/1993/NGO/10);
Joint written communication submitted by World Confederation of Labour
and the World Federation of Trade Unions, non-governmental organizations
in category I, American Association of Jurists, International Association
of Penal Law, International Association of Democratic Lawyers,
International Association for the Defence of Religious Liberty, Women’s
International League for Peace and Freedom, Pax Christi International and
Pax Romana, non-governmental organizations in category II, and Centre
Europe-Tiers Monde, International Educational Development, International
Falcon Movement - Socialist Educational International, International
Movement against all Forms of Discrimination and Racism, Movement against
Racism and for Friendship among Peoples, World Organization against
Torture, non-governmental organizations on the Roster
(E/CN.4/Sub.2/1993/NGO/16);
Written statement submitted by the International Human Rights Law Group,
a non-governmental organization in consultative status (category II)
(E/CN.4/Sub.2/1993/NGO/18);
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Written statement submitted by International Educational Development
Inc., a non-governmental organization on the Roster
(E/CN.4/Sub.2/1993/NGO/19);
Written statement submitted by International Educational Development
Inc., a non-governmental organization on the Roster
(E/CN.4/Sub.2/1993/NGO/22).
138. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (14th),
Mrs. Attah (12th), Mr. Boutkevitch (14th), Mrs. Chavez (14th, 15th),
Mr. Chernichenko (14th, 17th), Mr. Eide (15th), Mrs. Forero Ucros (15th),
Mr. Guissé (13th, 14th, 15th), Mr. Hakim (16th), Mr. Joinet (15th, 16th),
Mr. Khalifa (12th, 14th, 15th), Mrs. Ksentini (15th, 16th), Mrs. Palley
(14th), Mr. Ramadhane (15th), Mr. Sachar (14th, 16th), Mr. Tian Jin (16th),
Mrs. Warzazi (15th).
139. Statements were made by the observers for: Bangladesh (15th),
China (16th), Colombia (15th), Cyprus (15th), India (16th), Indonesia (15th),
Latvia (15th), Peru (15th), Portugal (15th), Russian Federation (15th),
Sri Lanka (13th), Syrian Arab Republic (16th), Turkey (13th) and Viet Nam
(13th).
140. Statements were also made by the observers for Palestine (14th), the
Pan-Africanist Congress of Azania (10th) and the African National
Congress (12th).
141. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: African Association of Education
for Development (13th), American Association of Jurists (12th), Amnesty
International (11th), Andean Commission of Jurists (13th), Anti-Slavery
Movement for the Protection of Human Rights (12th), Arab Organization for
Human Rights (11th), Baha’i International Community (11th), Centre
Europe-Tiers Monde (15th), France-Libertés: Fondation Danielle Mitterand
(15th), Human Rights Advocates, Inc. (11th), Indigenous World Association
(15th), International Association against Torture (15th), International
Association for the Defence of Religious Liberty (11th), International
Association of Democratic Lawyers (12th), International Association of
Educators for World Peace (12th), International Commission of Jurists (11th),
International Educational Development (15th), International Falcon Movement -
Socialist Educational International (12th), International Federation for the
Protection of the Rights of Ethnic, Religious, Linguistic and other Minorities
(15th), International Federation of Human Rights (11th), International
Federation Terre des Hommes (15th), International Fellowship of Reconciliation
(11th), International Indian Treaty Council (13th), International League for
the Rights and Liberation of Peoples (15th), International Lesbian and Gay
Association (11th), International Progress Organization (14th), International
Work Group for Indigenous Affairs (12th), Latin American Federation of
Associations of Relatives of Disappeared Detainees (15th), Liberation (13th),
Minority Rights Group (12th), Movement against Racism and for Friendship
among Peoples (15th), National Aboriginal and Islander Legal Service
Secretariat (13th), Pax Christi International (13th), Survival International
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Limited (12th), World Federation of Trade Unions (15th), World Muslim
Congress (13th), World Organization against Torture (12th), World Society of
Victimology (13th), World University Service (15th).
142. Statements equivalent to a right of reply were made by the observers
for: Bangladesh (13th), Cyprus (17th), Iraq (14th, 17th), Morocco (16th),
Myanmar (16th), Nigeria (14th), Sudan (12th, 16th), Turkey (17th).
Draft decision concerning the communications procedure
143. At the 15th meeting, on 12 August 1993, Mr. Joinet orally proposed a
draft decision concerning the communications procedure as established by
Economic and Social Council resolution 1503 (XLVIII).
144. The draft decision as orally proposed was adopted without a vote.
145. For the text of the draft decision, see chapter II, section B,
decision 1993/104.
Solidarity with Algerian intellectuals
146. At the 16th meeting, on 13 August 1993, Mr. Heller introduced a draft
message of solidarity with Algerian intellectuals, which read as follows:
"The Sub-Commission on Prevention of Discrimination and Protection
of Minorities,
"Deeply concerned at acts of assassination directed against
intellectuals as such and motivated by fanatical obscurantism,
"Deeply shocked by the persecution and assassination by extremist
groups of Algerian writers, journalists, academics, doctors and trade
unionists,
"Expresses its solidarity with the victims and their relatives,;
"Strongly condemns such acts;
"Supports the action of Algerian civil associations which, in
response to those acts, courageously seek to preserve and defend the
ideals of tolerance and mutual understanding inherent in a pluralistic
society."
147. The text was approved by the Sub-Commission.
Voting by secret ballot on proposals under agenda item 6
148. At the 26th meeting, on 20 August 1993, Mr. Eide made a proposal
concerning a decision to be taken by the Sub-Commission on voting by secret
ballot on proposals pertaining to allegations of violations of human rights in
countries.
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149. Mr. Alfonso Martínez and Mrs. Attah made statements relating to this
proposal.
150. The decision, as orally proposed by Mr. Eide, was adopted without a vote.
151. For the text of the decision, see chapter II, section B,
decision 1993/106.
Punishment of the crime of genocide
152. At the 26th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.6, sponsored by Mr. Bossuyt, Mr. Eide,
Mr. Hatano, Mrs. Palley, Mr. Ramadhane, Mr. Sachar and Mrs. Warzazi.
Mrs. Attah and Mr. Khalil subsequently joined the sponsors.
153. The draft resolution was adopted without a vote.
154. Explanations of vote after the vote were made by Mr. Alfonso Martínez,
Mr. Despouy and Mr. Joinet.
155. For the text of the resolution, see chapter II, section A,
resolution 1993/8.
Situation in Kosovo
156. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.15, sponsored by Mr. Bossuyt, Mr. Boutkevitch,
Mrs. Chavez, Mr. Despouy, Mr. Eide, Mr. Guissé, Mr. Hatano, Mr. Joinet,
Mr. Khalil, Mrs. Ksentini, Mrs. Palley, Mr. Ramadhane, Mrs. Warzazi and
Mr. Yimer.
157. At the request of Mrs. Daes, a vote was taken on the draft resolution.
158. The resolution was adopted by secret ballot by 17 votes to 4,
with 3 abstentions.
159. For the text of the resolution, see chapter II, section A,
resolution 1993/9.
Situation of human rights in Chad
160. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.16, sponsored by Mr. Bossuyt, Mr. Boutkevitch,
Mr. Chernichenko, Mr. Despouy, Mr. Eide, Mr. Guissé, Mr. Hatano, Mr. Joinet
and Mrs. Palley.
161. Mrs. Ksentini proposed amending operative paragraph 3 by replacing the
words "to do its utmost" by the words "to contribute by the appropriate
means".
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162. Mrs. Warzazi proposed amending further the same paragraph by adding the
words "and by taking positive measures" after the words "the appropriate
means".
163. The proposed amendments were accepted by the sponsors.
164. The resolution, as amended, was adopted without a vote.
165. For the text of the resolution, see chapter II, section A,
resolution 1993/10.
Situation in the Palestinian and other Arab territories occupied by Israel
166. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.17, sponsored by Mr. Alfonso Martínez, Mr. Khalil,
Mrs. Ksentini and Mr. Ramadhane.
167. Mr. Sachar proposed the following amendments to the draft resolution:
(a) A new preambular paragraph should be inserted after the last
preambular paragraph, reading as follows:
"Taking into account the ongoing process of negotiation between the
parties concerned since the Madrid International Peace Conference,"
(b) A new operative paragraph should be added as operative paragraph 9,
reading as follows:
"Urges all parties concerned to spare no effort in negotiating in
good faith in order to reach speedily a just and lasting peace settlement
on the basis of Security Council resolutions 242 and 338 and all other
relevant United Nations resolutions."
168. Statements relating to the draft resolution and the proposed amendments
were made by Mr. Alfonso Martínez, Mrs. Chavez, Mr. Khalil, Mrs. Ksentini and
Mrs. Warzazi.
169. The Sub-Commission decided to postpone consideration of the draft
resolution.
170. At its 27th meeting, on 20 August 1993, the Sub-Commission resumed its
consideration of draft resolution E/CN.4/Sub.2/1993/L.17.
171. The Chairman read out the text of an amendment to which the sponsors had
agreed, consisting of a new preambular paragraph to be inserted after the last
preambular paragraph.
172. At the request of Mrs. Chavez, a vote was taken on the draft resolution.
173. The resolution, as amended, was adopted by secret ballot by 17 votes
to 2, with 5 abstentions.
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174. For the text of the resolution, see chapter II, section A,
resolution 1993/15.
Situation in South Africa
175. At the 26th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.18, sponsored by Mrs. Attah,
Mr. Boutkevitch, Mr. Guissé, Mr. Hakim, Mr. Hatano, Mr. Heller, Mr. Khalil,
Mrs. Ksentini, Mr. Ramadhane, Mr. Sachar, Mr. Tian Jin, Mrs. Warzazi and
Mr. Yimer. Mr. Joinet subsequently joined the sponsors.
176. The resolution was adopted without a vote.
177. For the text of the resolution, see chapter II, section A,
resolution 1993/11.
Situation of human rights in Iraq
178. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.19, sponsored by Mr. Bossuyt, Mr. Boutkevitch,
Mr. Chernichenko, Mr. Eide, Mr. Joinet and Mrs. Palley.
179. Statements relating to the resolution were made by Mr. Alfonso Martínez,
Mrs. Attah, Mr. Heller, Mr. Joinet and Mrs. Warzazi.
180. The observer for Iraq made a statement.
181. The Sub-Commission decided to postpone consideration of the draft
resolution.
182. At the 27th meeting, on 20 August 1993, the Sub-Commission resumed its
consideration of draft resolution E/CN.4/Sub.2/1993/L.19.
183. Mr. Bossuyt, on behalf of the sponsors, orally revised the draft
resolution as follows:
(a) Insert, after the third last preambular paragraph a new preambular
paragraph;
(b) Insert a new paragraph after operative paragraph 6;
(c) Replace, in operative paragraph 10, the word "atrocities" by the
words "violations of human rights".
184. At the request of Mr. Ramadhane, a vote was taken on the draft
resolution, as orally revised.
185. The draft resolution, as orally revised, was adopted by secret ballot
by 14 votes to 9, with 2 abstentions.
186. For the text of the resolution, see chapter II, section A,
resolution 1993/20.
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Situation in East Timor
187. Also at the 26th meeting, on 20 August 1993, the Sub-Commission
considered draft resolution E/CN.4/Sub.2/1993/L.20, sponsored by Mr. Bossuyt,
Mr. Boutkevitch, Mrs. Chavez, Mr. Eide and Mrs. Palley.
188. On behalf of the sponsors, Mr. Eide orally made the following revision:
(a) In the sixth preambular paragraph the words "that were" were
inserted between the word "restrictions" and the words "imposed upon"; the
words "and taking note of the recent announcement by the Indonesian
authorities of the resumption of the activities of the said humanitarian
organizations" were added at the end of the paragraph.
(b) Operative paragraph 2 should read as follows:
"Strongly deplores the restrictions that were imposed on the
activities of the International Committee of the Red Cross and urges the
Indonesian authorities to honour fully their commitments, recently
announced, to facilitate the implementation of the mandate of the
International Committee of the Red Cross;"
189. Statements relating to the draft resolution as revised, were made by the
following Sub-Commission members: Mr. Alfonso Martínez, Mrs. Attah and
Mrs. Warzazi.
190. Mr. Eide further revised his revisions as follows:
(a) By replacing in the sixth preambular paragraph, the words "Gravely
concerned at" by the words "Noting with satisfaction the recent lifting of",
and;
(b) By replacing in operative paragraph 2, the words "Strongly
deplores" by the words "Notes with satisfaction the recent lifting of".
191. The observer for Indonesia made a statement.
192. The draft resolution, as orally revised, was adopted by secret ballot
by 13 votes to 10, with 2 abstentions.
193. For the text of the resolution, see chapter II, section A,
resolution 1993/12.
Consequences for the enjoyment of human rights of acts of violence committed
by armed groups that spread terror among the population
194. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.22, sponsored by Mr. Hakim, Mr. Heller, Mr. Khalil,
Mrs. Ksentini, Mrs. Palley and Mr. Ramadhane. Mrs. Attah, Mr. Guissé,
Mr. Maxim and Mrs. Warzazi subsequently joined the sponsors.
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195. Mr. Sachar proposed amending operative paragraph 1 by inserting between
the word "democracy" and the words "and security", the words "territorial
integrity".
196. The proposed amendment was accepted by the sponsors.
197. The resolution, as orally amended, was adopted without a vote.
198. An explanation of vote after the vote was made by Mr. Alfonso Martínez.
199. For the text of the resolution, see chapter II, section A,
resolution 1993/13.
The situation in Myanmar
200. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.23, sponsored by Mr. Bossuyt, Mr. Boutkevitch,
Mrs. Chavez, Mr. Eide and Mrs. Palley.
201. On behalf of the sponsors, Mrs. Chavez orally made the following
revisions to the draft resolution:
(a) After the last preambular paragraph insert a new preambular
paragraph;
(b) Insert a new operative paragraph as operative paragraph 5;
(c) Delete in the sixth preambular paragraph the words "Muslims,
Christians and";
(d) Delete in the last preambular paragraph, as well as in operative
paragraph 3, the words "United Nations High Commissioner for Refugees";
(e) Delete, in operative paragraph 1, the words "termination of the
state of emergency".
202. Statements relating to the draft resolution and the revisions
thereto were made by the following members of the Sub-Commission:
Mr. Alfonso Martínez, Mrs. Attah, Mrs. Chavez, Mr. Sachar, Mr. Tian Jin and
Mrs. Warzazi.
203. The Sub-Commission decided to postpone consideration of draft resolution
E/CN.4/Sub.2/1993/L.23.
204. At its 27th meeting, on 20 August 1993, the Sub-Commission resumed
consideration of draft resolution E/CN.4/Sub.2/1993/L.23 in a revised form.
205. The sponsors made the following further revisions to the revised draft
resolution:
(a) Retain, in the penultimate preambular paragraph, the original words
"Muslims, Christians and";
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(b) Insert a new paragraph as the seventh preambular paragraph;
(c) Insert, in the new penultimate preambular paragraph, the word
"also" between the word "Noting" and the words "with regret".
206. The observer for Myanmar made a statement.
207. At the request of Mrs. Ksentini a vote was taken on the draft resolution.
208. The draft resolution as revised was adopted by secret ballot by 17 votes
to 2, with 5 abstentions.
209. For the text of the resolution, see chapter II, section A,
resolution 1993/19.
Situation of human rights in the Islamic Republic of Iran
210. At the 26th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.24, sponsored by Mr. Bossuyt,
Mr. Boutkevitch, Mrs. Chavez, Mr. Chernichenko, Mr. Eide, Mr. Joinet,
Mrs. Palley and Mr. Sachar.
211. On behalf of the sponsors, Mr. Bossuyt made the following revision:
Insert the following paragraph after the ninth preambular paragraph:
"Deeply concerned at the refusal of the Islamic Republic of Iran to
respond to Swiss judicial inquiries with regard to 13 Iranians carrying
service passports involved in the assassination of Kazam Rajavi".
212. A statement relating to the draft resolution and the revision thereto was
made by Mrs. Warzazi.
213. Mrs. Ksentini proposed amending the draft resolution by replacing the new
tenth preambular paragraph by a new preambular paragraph.
214. The amendment was accepted by the sponsors.
215. The observer for the Islamic Republic of Iran made a statement.
216. At the request of Mr. Alfonso Martínez, a vote was taken on the draft
resolution.
217. The draft resolution was adopted by secret ballot by 20 votes to 3,
with 2 abstentions.
218. For the text as adopted, see chapter II, section A, resolution 1993/14.
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The situation in Tibet
219. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.26, sponsored by Mr. Bossuyt, Mr. Boutkevitch,
Mrs. Chavez, Mr. Eide and Mrs. Palley, which read as follows:
"The Sub-Commission on Prevention of Discrimination and Protection
of Minorities,
"Recalling its resolution 1991/10 of 23 August 1991 and the note by
the Secretary-General (E/CN.4/1992/37) submitted to the Commission on
Human Rights at its forty-eighth session,
"Noting with concern the reports of the Special Rapporteur of the
Commission on the question of torture (E/CN.4/1993/26), the Special
Rapporteur on religious intolerance (E/CN.4/1993/62) and the report of
the Special Rapporteur on extrajudicial summary or arbitrary executions
(E/CN.4/1993/46), all of which refer to the situation in Tibet.
"Noting also the reports of the Working Group on Arbitrary
Detention (E/CN.4/1993/24), the Working Group on Enforced or Involuntary
Disappearances (E/CN.4/1993/25) and reports prepared by other United
Nations bodies, government delegations, parliamentary bodies and
non-governmental human rights organizations on the situation in Tibet,
"1. Urges the Government of the People’s Republic of China to
facilitate access to all parts of Tibet by the Special Rapporteurs of the
Commission on Human Rights on the question of torture, religious
intolerance, extrajudicial, summary or arbitrary executions, and to the
Working Groups on Arbitrary Detention and Enforced or Involuntary
Disappearances;
"2. Calls upon the Government of the People’s Republic of China
to permit representatives of non-governmental human rights organizations
to visit and travel throughout Tibet;
"3. Requests the relevant Special Rapporteurs to continue to
report on their findings with respect to the human rights situation in
Tibet;
"4. Draws the attention of the parties concerned to the need for
early substantive discussions over their differences;
"5. Requests the Secretary-General to transmit information on the
situation in Tibet, including the result of the discussions referred to
in paragraph 4, provided by the Government of the People’s Republic of
China and by other reliable sources, including non-governmental
organizations, for consideration by the Commission on Human Rights at its
fiftieth session."
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220. Mrs. Warzazi moved, under rule 65, paragraph 2, of the rules of procedure
of the functional commissions of the Economic and Social Council, that the
Sub-Commission take no decision on draft resolution E/CN.4/Sub.2/1993/L.26.
221. With regard to the draft resolution and the motion, statements were made
by the following members of the Sub-Commission: Mr. Alfonso Martínez,
Mrs. Attah, Mrs. Chavez, Mr. Chernichenko, Mr. Hakim, Mr. Joinet,
Mrs. Ksentini, Mr. Maxim, Mrs. Palley and Mrs. Warzazi.
222. At the request of Mrs. Warzazi, a vote was taken on the motion.
223. The Sub-Commission adopted the motion not to take a decision on draft
resolution E/CN.4/Sub.2/1993/L.26 by secret ballot by 17 votes to 6,
with 2 abstentions.
224. For the text of the decision see chapter II, section B, 1993/107.
The situation of human rights in Sri Lanka
225. At the 27th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.27, sponsored by Mr. Bossuyt,
Mrs. Chavez, Mr. Eide and Mr. Joinet.
226. On behalf of the sponsors, Mr. Eide withdrew draft resolution L.27, which
read as follows:
"The Sub-Commission on the Prevention of Discrimination and
Protection of Minorities,
"Recalling Commission on Human Rights resolution 1987/61 of
12 March 1987,
"Recalling also the acknowledgment by the Chairman of the
Commission at its forty-ninth session of the statement by the
representative of Sri Lanka (E/1993/23-E/CN.4/1993/122, para. 564) and
the statement by the Chairman of the Commission at its forty-eighth
session made on behalf of the Commission (E/1992/22-E/CN.4/1992/84,
para. 416),
"Deeply disturbed by the continuation of ethnic violence in
Sri Lanka,
"Welcoming the readiness of the Government of Sri Lanka,
exemplified by its statement to the Commission at its forty-ninth
session, to uphold ’the democratic principle of the Government’s
accountability to its people and Sri Lanka’s international treaty
obligations’,
"Welcoming the commitment by the Government of Sri Lanka, made to
the Commission at its forty-ninth session, ’to make a comprehensive
review and revision of emergency legislation related to arrest and
detention’, ’[to undertake] the compilation and publication of a
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consolidated version of all current emergency regulations to promote
public awareness’ and ’to consider favourably Sri Lanka’s accession to
the Convention against Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment’,
"Taking note of the contents of the reports of the Working Group on
Enforced or Involuntary Disappearances (E/CN.4/1993/25 and Add.1), the
Special Rapporteur on the question of torture (E/CN.4/1993/26) and the
Special Rapporteur on extrajudicial, summary or arbitrary executions
(E/CN.4/1993/46),
"1. Urges the Government of Sri Lanka to ensure full respect for
human rights and fundamental freedoms;
"2. Calls upon the Government of Sri Lanka to appoint appropriate
independent judicial commissions or tribunals to investigate all cases of
enforced or involuntary disappearances, summary or arbitrary executions
and cases of torture that have already occurred;
"3. Welcomes the willingness of the Government of Sri Lanka to
continue its cooperation with the Commission and the Sub-Commission and,
in particular, to help clarify pending cases of enforced or involuntary
disappearances noted in the reports of the Working Group on Enforced or
Involuntary Disappearances and to communicate to the Commission and the
Sub-Commission new measures the Government of Sri Lanka may take in the
field of human rights;
4. Condemns the use, by the Liberation Tigers of Tamil Eelam, of
summary or arbitrary executions of non-combatant civilians, the practice
of torture, abductions, arbitrary detention of persons and the expulsion
of thousands of Muslim civilians from the north of the country;
5. Calls upon the Government of Sri Lanka and all other parties
to the armed conflict strictly to adhere to the obligations under common
article 3 of the Geneva Conventions of 1949;
6. Urges the Government of Sri Lanka and other parties to the
conflict to seek a cessation of hostilities and to achieve an end to the
conflict through negotiations among representatives of all ethnic groups,
freely elected by them, and to obtain the assistance of the
Secretary-General in any mediation that may become necessary;
7. Expresses the hope that the Government of Sri Lanka will
afford the required opportunity to the Working Group on Enforced or
Involuntary Disappearances and the Special Rapporteur on the question of
torture to visit Sri Lanka and to undertake whatever study they deem
appropriate;
8. Invites the Government of Sri Lanka to submit information to
the Commission on Human Rights at its fiftieth session on the
implementation of the present resolution."
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227. The observer for Sri Lanka made a statement.
228. Statements were made by Mrs. Attah and Mrs. Palley.
Situation of human rights in Guatemala
229. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.28, sponsored by Mr. Alfonso Martínez, Mrs. Attah,
Mr. Bossuyt, Mr. Boutkevitch, Mr. Chernichenko, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hakim, Mr. Heller, Mr. Joinet, Mr. Khalil, Mrs. Ksentini,
Mr. Merrills, Mr. Ramadhane, Mr. Saboia, Mr. Sachar, Mrs. Warzazi and
Mr. Yimer. Mrs. Forero Ucros and Mr. Hatano subsequently joined the sponsors.
230. Statements relating to the draft resolution were made by Mrs. Chavez,
Mr. Heller and Mr. Joinet.
231. Mr. Heller orally revised the draft resolution by replacing in the
penultimate preambular paragraph and in operative paragraph 6 the words "open
the way for" with the words "the re-establishment of".
232. The draft resolution, as orally revised, was adopted without a vote.
233. For the text as adopted, see chapter II, section A, resolution 1993/16.
The situation in Bosnia and Herzegovina
234. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.30, sponsored by Mrs. Attah, Mr. Bossuyt, Mr. Boutkevitch,
Mrs. Chavez, Mrs. Daes, Mr. Despouy, Mr. Eide, Mr. Guissé, Mr. Hakim,
Mr. Hatano, Mr. Heller, Mr. Joinet, Mr. Khalil, Mrs. Ksentini, Mr. Maxim,
Mr. Merrills, Mr. Ramadhane, Mr. Sachar, Mrs. Warzazi and Mr. Yimer.
235. At the request of Mr. Alfonso Martínez, a vote was taken on the draft
resolution.
236. The draft resolution was adopted by secret ballot by 22 votes to 1,
with 1 abstention.
237. For the text as adopted, see chapter II, section A, resolution 1993/17.
Situation of human rights in Haiti
238. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.31, sponsored by Mr. Despouy and Mr. Eide. Mr. Joinet and
Mr. Saboia subsequently joined the sponsors.
239. Mrs. Ksentini proposed the following amendments:
(a) Amend the title as follows: "Situation in Haiti, encouragement
towards the establishment of democratic process and the reconstruction of the
country";
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(b) Insert, in operative paragraph 6, the words "the evolution of"
between the words "examine" and "the situation".
240. Mr. Despouy orally revised the draft resolution by inserting the words
"of the United Nations and Organization of American States" in the penultimate
preambular paragraph after the words "civil mission".
241. Statements relating to the draft resolution, the proposed amendment and
the revision were made by: Mr. Alfonso Martínez, Mrs. Daes, Mr. Despouy,
Mr. Guissé, Mr. Heller, Mrs. Ksentini and Mrs. Warzazi.
242. The observer for Haiti made a statement.
243. The draft resolution, as revised and amended, was adopted without a vote.
244. For the text as adopted, see chapter II, section A, resolution 1993/18.
Support to the peace process in El Salvador
245. At the 27th meeting, on 20 August 1993, the Chairman made the following
statement regarding the peace process in El Salvador:
"The Sub-Commission on Prevention of Discrimination and Protection
of Minorities,
Expresses to the Government of El Salvador its profound
satisfaction at and appreciation of the end to the armed conflict, which
was significant for the success of the peace process and the promotion
and protection of human rights;
Emphasizes the importance of the Peace Agreements reached on
16 January 1992 in Chapultepec, Mexico, between the Government of
El Salvador and the Frente Farabundo Martí para la Liberación National;
Stresses the need for full compliance with all the pending peace
agreements;
Emphasizes that in this process the effective protection of human
rights calls inter alia for the continuation of the strengthening of the
judiciary system and of the Office of the Representative and the members
of the United Nations Observer Mission (UNUSAL) in the cause of promoting
understanding between the parties, achieving progress in the fulfilment
of the commitments assumed and consolidating peace;
Reiterates its appeal to all States to contribute to the
consolidation of peace and to support efforts to ensure full respect for
human rights in El Salvador, on the basis of full implementation of and
generous funding for the Peace Agreements, together with the National
Reconstruction Plan."
246. The text was approved by the Sub-Commission.
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Situation of human rights in Peru
247. At its 29th meeting, on 23 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.37, sponsored by Mr. Despouy, Mrs. Forero
Ucros, Mr. Heller and Mr. Saboia.
248. The draft resolution was adopted without a vote.
249. For the text of the resolution, see chapter II, section A,
resolution 1993/23.
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VIII. THE NEW INTERNATIONAL ECONOMIC ORDER
AND THE PROMOTION OF HUMAN RIGHTS
A. The role and equal participation of women in development
250. The Sub-Commission considered item 7 together with item 8
(see chap. IX) at its 23rd to 26th and 33rd meetings, from 19 to 21 August
and on 25 August 1993.
251. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Written statement submitted by the Inter-Parliamentary Union, a
non-governmental organization in consultative status (category I)
(E/CN.4/Sub.2/1993/NGO/8);
Joint written statement submitted by the Women’s International Democratic
Federation, a non-governmental organization in consultative status
(category I), by the American Association of Jurists, General Arab Women
Federation, International Association of Democratic Lawyers,
International Indian Treaty Council, International League for the Rights
and Liberation of Peoples, International Organization for the Elimination
of All Forms of Racial Discrimination, Latin American Federation of
Associations of Relatives of Disappeared Detainees, Union of Arab Jurists
and the Women’s International League for Peace and Freedom,
non-governmental organizations in consultative status (category II), by
International Educational Development Inc, International Progress
Organization, Movement against Racism and for Friendship among Peoples
and World Peace Council, non-governmental organizations on the Roster
(E/CN.4/Sub.2/1992/NGO/25).
252. In the general debate on item 7, statements 1/ were made by the
following members of the Sub-Commission: Mr. Despouy (26th), Mr. Eide (26th),
Mr. Sachar (26th).
253. Statements were made by the observers for Colombia (26th) and
Iraq (26th).
254. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: American Association of
Jurists (25th), General Arab Women Federation (25th), International Commission
of Jurists (25th), International Educational Development (25th), International
Fellowship of Reconciliation (25th), International League for the Rights and
Liberation of Peoples (24th), International Peace Bureau (25th), Union of Arab
Jurists (25th), Women’s International League for Peace and Freedom (25th),
World Organization against Torture (25th).
255. A statement equivalent to a right of reply was made by the observer for
Brazil (26th).
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Ambassadors of the arts for human rights
256. At the 33rd meeting, on 25 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.42, sponsored by Mrs. Attah, Mr. Khalil,
Mrs. Ksentini and Mr. Ramadhane, which read as follows:
"The Sub-Commission on Prevention of Discrimination and Protection
of Minorities,
Appreciating the generosity of Member States, organizations and
private individuals that contribute to the various United Nations
Voluntary Funds,
Reaffirming that such Funds are of paramount importance to the
activities of the United Nations,
Mindful, however, that a serious shortage of financial resources is
a great handicap both in the preparation and execution of the various
programmes of these Funds,
Welcoming the appointment of United Nations goodwill ambassadors in
connection with the International Year of the World’s Indigenous People,
Convinced that the work of goodwill ambassadors chosen from among
artists or groups of artists will make a positive contribution to the
mobilization of resources for human rights,
Calls on the Commission on Human Rights to request the
Secretary-General to study the possibility of appointing artists, or
groups of artists as ’ambassadors of the arts for human rights’, whose
task would be to find further sources of income for the General Fund."
257. Mr. Bossuyt proposed amending the draft resolution by replacing in the
title and the operative paragraph, the words "ambassadors of the arts" by the
words "goodwill ambassadors".
258. Statements relating to the draft resolution and the proposed amendment
were made by Mr. Joinet, Mr. Saboia and Mrs. Warzazi.
259. The Sub-Commission decided to postpone consideration of the draft
resolution contained in document E/CN.4/Sub.2/1993/L.42 until the forty-sixth
session.
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IX. THE REALIZATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
260. The Sub-Commission considered item 8, together with item 7
(see chapter VIII), at its 24th, 27th to 29th, and 33rd to 34th meetings,
on 19, 20, 23, 25, and 26 August 1993.
261. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
The right to adequate housing: progress report submitted by
Mr. Rajindar Sachar, Special Rapporteur appointed pursuant to
resolution 1992/26 of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities and decision 1993/103 of the Commission on
Human Rights (E/CN.4/Sub.2/1993/15);
Preliminary report on human rights and extreme poverty, prepared by
Mr. Leandro Despouy, Special Rapporteur appointed in accordance with
resolution 1992/27 of the Subcommission on the Prevention of
Discrimination and Protection of Minorities and resolution 1993/13 of the
Commission on Human Rights (E/CN.4/Sub.2/1993/16);
The human rights dimensions of population transfer, including the
implantation of settlers: preliminary report prepared by
Mr. A.S. Al-Khasawneh and Mr. R. Hatano (E/CN.4/Sub.2/1993/17
and Corr.1);
Report of the Secretary-General, prepared pursuant to Sub-Commission
resolution 1992/29 (E/CN.4/Sub.2/1993/18);
Report of the Secretary-General, prepared pursuant to Sub-Commission
resolution 1992/29: list of documents relating to economic, social and
cultural rights issued in the preparatory process of the World Conference
on Human Rights (E/CN.4/Sub.2/1993/18/Add.1);
Letter dated 18 May 1993 from the Permanent Mission of the Republic of
Iraq to the United Nations Office at Geneva addressed to the Assistant
Secretary-General for Human Rights (E/CN.4/Sub.2/1993/36);
Written statement submitted by Human Rights Advocates, a
non-governmental organization in consultative status (category II)
(E/CN.4/Sub.2/1993/NGO/28).
Report of a seminar on indicators to measure achievements in the
progressive realization of economic, social and cultural rights
(A/CONF.157/PC/73).
262. At the 25th meeting, on 18 August 1993, the Special Rapporteur,
Mr. Sachar, introduced his report (E/CN.4/Sub.2/1993/15).
263. At the 28th meeting on 23 August 1993, the Special Rapporteur,
Mr. Despouy, introduced his report (E/CN.4/Sub.2/1993/16).
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264. With regard to the introduction of the preliminary report concerning the
human rights dimensions of population transfer, including the implementation
of settlers, prepared by Mr. Al-Khasawneh and Mr. Hatano, see chapter XIX,
paragraph 481.
265. In the general debate on item 8, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (29th),
Mrs. Attah (28th), Mrs. Chavez (28th), Mr. Eide (28th), Mr. Guissé (28th),
Mr. Heller (28th), Mrs. Palley (28th), Mr. Saboia (28th), Mr. Sachar (28th)
and Mr. Tian Jin (29th).
266. Statements were made by the observers for Cyprus (28th), Estonia (28th),
Guatemala (24th), India (28th) and Iraq (28th).
267. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: African Association of Education
for Development (27th), American Association of Jurists (27th), Centre
Europe-Tiers Monde (28th), Habitat International Coalition (28th), Indian
Council of South America (28th), Indigenous World Association (27th),
International Association against Torture (27th), International Association of
Educators for World Peace (27th), International Commission of Jurists (27th),
International Educational Development (27th), International Federation for
the Protection of the Rights of Ethnic, Religious, Linguistic and other
Minorities (27th), International Federation Terre des Hommes (28th),
International Fellowship of Reconciliation (27th), International Humanist
and Ethical Union (27th), International Movement ATD Fourth World (27th),
Minority Rights Group (27th), Movement against Racism and for Friendship
among Peoples (27th), National Aboriginal and Islander Legal Service
Secretariat (27th), Organization for the Development of Freedom of
Education (28th), Pax Christi International (28th), Sierra Club Legal Defense
Fund, Inc. (27th), Women’s International League for Peace and Freedom (27th),
World Federation of Trade Unions (27th), World Organization against Torture
(27th), and World University Service (27th).
268. A statement equivalent to a right of reply was made by the observer for
Mauritania (29th).
269. At the 29th meeting, on 23 August 1993, the Special Rapporteur,
Mr. Hatano made his concluding remarks.
Human rights dimensions of population transfer, including the implementation
of settlers and settlements
270. At the 33rd meeting, on 25 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.34, sponsored by Mr. Alfonso Martínez,
Mrs. Attah, Mr. Bossuyt, Mr. Boutkevitch, Mrs. Chavez, Mr. Chernichenko,
Mr. Despouy, Mr. Eide, Mr. Guissé, Mr. Hakim, Mr. Hatano, Mr. Heller,
Mr. Joinet, Mr.Khalil, Mrs. Ksentini, Mr. Maxim, Mrs. Palley, Mr. Ramadhane,
Mr. Saboia, Mr. Sachar, Mrs. Warzazi and Mr. Yimer.
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271. Mr. Hatano orally revised the draft resolution as follows:
(a) Delete the words "and Mr. Ribot Hatano" in operative
paragraph 9 (a);
(b) In operative paragraph 3, replace the words "the Special
Rapporteurs", with the words "as Mr. Awn Shawkat Al-Kasawneh the Special
Rapporteur";
(c) Replace in operative paragraphs 5, 6, 9 (a), 9 (c), and 9 (d), the
words "Special Rapporteurs" by the words "Special Rapporteur";
(d) In operative paragraphs 3, 5, 6, 9 (a) and 9 (c) replace the word
"their" by the word "his";
(e) In operative paragraph 6, replace the word "they" by the word "he";
(f) After operative paragraph 2, insert a new paragraph: "Regrets that
Mr. Hatano is unable to be further involved in the work on this subject as one
of the Special Rapporteurs";
(g) Renumber operative paragraphs 3 to 9 accordingly.
272. Statements relating to the draft resolution and the revision were made by
Mrs. Daes and Mrs. Ksentini.
273. The draft resolution, as revised, was adopted without a vote.
274. For the text as adopted, see chapter II, section A, resolution 1993/34.
Promoting the realization of the right to adequate housing
275. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1993/L.45, sponsored by Mr. Alfonso Martínez, Mrs. Attah,
Mr. Boutkevitch, Mr. Chernichenko, Mrs. Daes, Mr. Despouy, Mr. Eide,
Mrs. Forero Ucros, Mr. Guissé, Mr. Hakim, Mr. Hatano, Mr. Heller, Mr. Joinet,
Mr. Khalil, Mrs. Ksentini, Mr. Maxim, Mrs. Palley, Mr. Ramadhane, Mr. Saboia,
Mr. Tian Jin, Mrs. Warzazi and Mr. Yimer.
276. A statement relating to the draft resolution was made by Mrs. Ksentini.
277. A statement on an estimate of the programme budget implications of
implementing the draft resolution was made by a representative of the
Secretary-General, in accordance with rule 28 of the rules of procedure of the
functional commissions of the Economic and Social Council.
278. The draft resolution was adopted without a vote.
279. For the text as adopted, see chapter II, section A, resolution 1993/36.
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Human rights and extreme poverty
280. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.43, sponsored by Mr. Alfonso Martínez,
Mrs. Attah, Mr. Bossuyt, Mr. Despouy, Mr. Eide, Mrs. Forero Ucros, Mr. Guissé,
Mr. Hakim, Mr. Hatano, Mr. Heller, Mr. Joinet, Mr. Khalil, Mrs. Ksentini,
Mrs. Palley, Mr. Ramadhane, Mr. Saboia, Mr. Sachar, Mr. Tian Jin and
Mr. Yimer.
281. The draft resolution was adopted without a vote.
282. For the text as adopted, see chapter II, section A, resolution 1993/35.
Human rights and income distribution
283. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.48, sponsored by Mrs. Attah, Mrs. Daes,
Mrs. Forero Ucros, Mr. Guissé, Mr. Ramadhane, Mr. Saboia and Mr. Sachar.
284. Mr. Saboia orally revised the draft resolution by deleting operative
paragraphs 5 to 9 and adding a new operative paragraph 5.
285. The Sub-Commission decided to postpone consideration of draft
resolution E/CN.4/Sub.2/1993/L.48.
286. At the 34th meeting, on 26 August 1993, the Sub-Commission
resumed consideration of draft resolution E/CN.4/Sub.2/1993/L.48.
287. Mrs. Ksentini proposed the following amendment:
Insert, in operative paragraph 3, the words "without financial
implications" before the words "a preparatory document".
288. The amendment was accepted by the sponsors.
289. Mr. Yokota proposed the following amendment:
Delete, in operative paragraph 3, the words "in particular economic,
social and cultural rights".
290. The amendment was not accepted by the sponsors.
291. Mrs. Warzazi proposed the following amendments:
(a) Add in the eleventh preambular paragraph the words "in particular
in developing countries" after the words "Conscious of the impact of
inequitable income distribution";
(b) Replace, in operative paragraph 3, the words "continue attention to
these issues" with the words "strengthen activities in this field".
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292. The second amendment proposed by Mrs. Warzazi was accepted by the
sponsors.
293. Mr. Saboia further revised the draft resolution by replacing in operative
paragraph 1, the words "close existing gaps in the distribution of income and
expand access" with the words "ensure more equitable access".
294. Statements, relating to the draft resolution, the revision and the
amendments, were made by Mr. Alfonso Martínez, Mrs. Chavez, Mrs. Ksentini,
Mr. Saboia, Mrs. Warzazi and Mr. Yokota.
295. The draft resolution, as revised and amended, was adopted without a vote.
296. For the text as adopted, see chapter II, section A, resolution 1993/40.
Forced evictions
297. At the 34th meeting, on 26 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.49, sponsored by Mrs. Daes, Mr. Eide,
Mrs. Palley, Mr. Saboia and Mr. Sachar.
298. Mr. Eide revised the draft resolution by replacing, in operative
paragraph 7, the words "the Secretary General" by the words "the Commission on
Human Rights" and the word "Requests" by the word "Recommends".
299. Mrs. Warzazi proposed the following amendment:
Replace, in operative paragraph 7, the word "Requests" with the words
"Endorses the recommendation to".
300. The Sub-Commission decided to delete operative paragraph 7, which read:
"Requests the Secretary-General, in compiling the analytical report on
the practice of forced eviction, as requested by the Commission in its
resolution 1993/77, to examine the question of appointing a special
rapporteur on forced evictions and to outline additional measures
designed to reduce and eliminate this practice;"
301. Statements, relating to the draft resolution, the proposed revision and
the amendment, were made by Mr. Alfonso Martínez, Mr. Despouy, Mr. Eide,
Mr. Sachar, Mrs. Warzazi and Mr. Yimer.
302. The draft resolution, as amended, was adopted without a vote.
303. For the text as adopted, see chapter II, section A, resolution 1993/41.
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X. COMMUNICATIONS CONCERNING HUMAN RIGHTS: REPORT OF THE
WORKING GROUP ESTABLISHED UNDER SUB-COMMISSION
RESOLUTION 2 (XXIV) IN ACCORDANCE WITH ECONOMIC
AND SOCIAL COUNCIL RESOLUTION 1503 (XLVIII)
304. The Sub-Commission considered item 9 at its 30th, 31st, 32nd and
36th meetings on 24, 25 and 27 August 1993.
305. In its resolution 1503 (XLVIII) of 27 May 1979, the Economic and Social
Council authorized the Sub-Commission to appoint a working group (Working
Group on Communications) of no more than five of its members to meet annually
for 10 working days, immediately before each session of the Sub-Commission, to
consider all communications received by the Secretary-General under Council
resolution 728 F (XXVIII) of 30 July 1959, including replies of Governments
thereon, with a view to bringing to the attention of the Sub-Commission those
communications which appeared to reveal a consistent pattern of gross and
reliably attested violations of human rights and fundamental freedoms.
306. The procedure to be followed by the Working Group on Communications
in deciding on the admissibility of communications was established in
Sub-Commission resolution 1 (XXIV) of 13 August 1971, and the Working Group
itself was set up in accordance with Sub-Commission resolution 2 (XXIV) of
16 August 1971.
307. The Sub-Commission had before it a confidential report on the work of the
Working Group on Communications at its twenty-first session, held from 19 to
30 July 1993 (E/CN.4/Sub.2/1993/R.1 and addenda), certain communications which
had been kept pending before the Sub-Commission since its forty-fourth session
in 1992, as well as all government replies relevant to the material before it.
The Sub-Commission wished to stress in this connection that government
cooperation was essential for the proper functioning of the bodies entrusted
with the implementation of the procedure governed by Council
resolution 1503 (XLVIII) and expressed the hope that all Governments would in
the future respond to communications transmitted to them and thereby
contribute to the further development of international cooperation in the
field of human rights.
308. Mr. Guissé, Chairman-Rapporteur of the Working Group on Communications,
introduced the Working Group’s report and drew attention to the material
before the Sub-Commission which was pending since its forty-fourth session.
309. Following the discussion which ensued, the Sub-Commission decided,
pursuant to paragraph 5 of Economic and Social Council
resolution 1503 (XLVIII), to refer to the Commission on Human Rights for
consideration certain particular situations which appeared to reveal a
consistent pattern of gross and reliably attested violations of human rights.
The Sub-Commission also decided to defer action on certain communications to
its forty-sixth session, in 1994, and to take no action with regard to certain
communications.
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310. At its 36th meeting (closed part), on 27 August 1993, the Sub-Commission
adopted a confidential report, pursuant to paragraph 8 of Council
resolution 1503 (XLVIII), in which it communicated to the Commission on Human
Rights its decisions taken under paragraph 5 of that resolution.
311. At its 36th meeting, on 27 August 1993, the Sub-Commission decided on the
composition of its Working Group on Communications that would meet prior to
its forty-sixth session. For the composition of the Working Group, see
chapter II, section B, decision 1993/111.
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XI. THE ADMINISTRATION OF JUSTICE AND THE HUMAN RIGHTS OF DETAINEES
(a) Question of human rights of persons subjected
to any form of detention or imprisonment
(b) Question of human rights and states of emergency
(c) Individualization of prosecution and penalties,
and repercussions of violations of human rights
on families
(d) The right to a fair trial
312. The Sub-Commission considered item 10 together with item 11 (see
chapter XII), at its 17th to 25th and 33rd meetings, on 13 to 19 and
on 25 August 1993.
313. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Note by the Secretary-General concerning the submission of information
pursuant to Sub-Commission resolution 7 (XXVII) of 20 August 1974
(E/CN.4/Sub.2/1993/19);
Application of international standards concerning the human rights of
detained juveniles: note by the Secretary-General pursuant to
Sub-Commission resolution 1992/25 and Commission on Human Rights
resolution 1993/80 (E/CN.4/Sub.2/1993/20);
The possible utility, scope and structure of a special study on the issue
of privatization of prisons: outline prepared by Mrs. Claire Palley
pursuant to Sub-Commission decision 1992/107 (E/CN.4/Sub.2/1993/21);
Report of the Working Group on Detention (E/CN.4/Sub.2/1993/22 and
Corr.1);
Sixth annual report and list of States which, since 1 January 1985, have
proclaimed, extended or terminated a state of emergency, presented by
Mr. L. Despouy, Special Rapporteur appointed pursuant to Economic and
Social Council resolution 1985/37 (E/CN.4/Sub.2/1993/23);
The right to a fair trial: current recognition and measures
necessary for its strengthening: fourth report prepared by
Mr. Stanislav Chernichenko and Mr. William Treat (E/CN.4/Sub.2/1993/24
and Add.1-2);
Letter dated 18 August 1993 from the Chairman of the forty-fifth session
of the Sub-Commission on Prevention of Discrimination and Protection of
Minorities addressed to the Chargé d’Affaires, Permanent Mission of the
United States of America to the United Nations and other international
organizations at Geneva (E/CN.4/Sub.2/1993/40);
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Letter dated 20 August 1993 from the Chargé d’Affaires, ad interim,
Permanent Mission of the United States of America to the United Nations
and other international organizations at Geneva addressed to the Chairman
of the forty-fifth session of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities (E/CN.4/Sub.2/1993/41);
Letter dated 25 August 1993 from the Chargé d’Affaires ad interim,
Permanent Mission of the United States of America to the United Nations
and other international organizations at Geneva, addressed to the
Chairman of the forty-fifth session of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1993/42);
Written statement submitted by the American Association of Jurists, a
non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/2);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/9);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/11);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/14);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/15).
314. At the 19th meeting on 16 August 1993, the Special Rapporteur,
Mr. Despouy, introduced his report (E/CN.4/Sub.2/1993/23).
315. At the 20th meeting, on 17 August 1993, Mrs. Palley introduced her
outline of the possible utility, scope and structure of a special study on the
issue of privatization of prisons (E/CN.4/Sub.2/1993/21).
316. At the 21st meeting, on 17 August 1993, Mr. Chernichenko and Mr. Treat
introduced their report (E/CN.4/Sub.2/1993/24 and Add.1-2). Mr. Yimer, in his
function as commentator, gave his observations.
317. At the 22nd meeting on 18 August 1993, Mrs. Chavez, Rapporteur of the
Working Group on Detention, introduced the report of the Working Group on
Detention (E/CN.4/Sub.2/1993/22 and Corr.1).
318. In the general debate on the item, statements 1/ were made by
the following members of the Sub-Commission: Mr. Alfonso Martínez (17th,
23rd, 25th), Mrs. Attah (21st, 22nd), Mr. V. Boutkevitch (23rd),
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Mrs. Chavez (22nd), Mr. Chernichenko (24th), Mr. Despouy (20th, 24th),
Mr. Eide (22nd), Mr. Guissé (17th, 18th, 23rd), Mr. Heller (23rd),
Mr. Joinet (21st), Mr. Khalil (22nd), Mrs. Ksentini (24th), Mrs. Palley
(20th), Mr. Sachar (22nd).
319. Statements were made by the observers for: Colombia (24th),
Ethiopia (24th), Honduras (24th), Myanmar (24th), Philippines (24th),
Romania (24th), Sri Lanka (24th), Turkey (24th).
320. The representative of the Crime Prevention and Criminal Justice Branch
of the United Nations Office at Vienna made a statement (18th).
321. The Sub-Commission also heard statements by the representatives of
the following non-governmental organizations: American Association of
Jurists (18th), Amnesty International (17th), Andean Commission of
Jurists (20th), Centre Europe-Tiers Monde (20th), Commission of the Churches
on International Affairs of the World Council of Churches (17th),
France-Libertés: Fondation Danielle Mitterrand (18th), International
Association against Torture (19th), International Association of Educators
for World Peace (18th), International Educational Development, Inc. (19th),
International Falcon Movement-Socialist Educational International (18th),
International Federation of Human Rights (18th), International Indian Treaty
Council (18th), International League for the Rights and Liberation of
Peoples (20th), International PEN (19th), International Movement against
All Forms of Discrimination and Racism (20th), International Progress
Organization (18th), Latin American Federation of Associations of Relatives
of Disappeared Detainees (22nd), Liberation (18th), Movement against Racism
and for Friendship among Peoples (18th), National Aboriginal and Islander
Legal Service Secretariat (18th), Pax Christi International (19th),
Pax Romana (20th), Robert F. Kennedy Memorial Center for Human Rights (17th),
Service Peace and Justice in Latin America (19th), World Organization against
Torture (20th).
322. Statements equivalent to a right of reply were made by the observers for:
Indonesia (22nd), Japan (25th), Malaysia (22nd), Mauritania (25th),
Morocco (23rd), Syrian Arab Republic (23rd), Turkey (20th).
323. At the 19th meeting, on 16 August 1993, Mr. Alfonso Martínez proposed a
draft decision concerning the situation of a group of hunger strikers in the
United States of America.
324. With regard to the proposal made by Mr. Alfonso Martínez, the following
members of the Sub-Commission made statements: Mrs. Chavez, Mr. Joinet,
Mrs. Palley, Mr. Guissé.
325. Mrs. Chavez proposed amending the draft decision by adding the following
paragraph to the text proposed by Mr. Alfonso Martínez:
"The Sub-Commission equally requests its Chairman to request the
competent authorities of Cuba to provide official information concerning
the status and condition of the following persons: Sebastian Arcos
Bergnes, José Luis Pujol Irizar, Elizardo Sanchez Santa Cruz,
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Lazaro Loreto Perea, Rodolfo Gonzalez, Marco Antonio Abad Flamand,
Jorge Crespo Diaz, Michael Pérez Pérez, Yndamiro Restano Diaz, Martinez
Bustamante, Luis Alberto Pita Santos, Arturo Suarez Ramos."
326. Mrs. Palley moved under rule 65, paragraph 2, of the rules of procedure
of the functional commissions of the Economic and Social Council, not to take
action on either the draft decision or on the amendment thereto.
327. At the request of Mr. Alfonso Martínez, a roll-call vote was taken on the
motion, which was rejected by 6 votes to 6, with 4 abstentions. The voting
was as follows:
In favour: Mr. Bossuyt, Mrs. Chavez, Mr. Eide, Mr. Hatano, Mr. Khalil,
Mrs. Palley
Against: Mr. Alfonso Martínez, Mr. Chernichenko, Mr. Heller,
Mr. Joinet, Mr. Ramadhane, Mr. Tian Jin
Abstaining: Mr. Despouy, Mr. Hakim, Mr. Maxim, Mr. Saboia
328. At the request of Mrs. Palley, a roll-call vote was taken on the
amendment proposed by Mrs. Chavez, which was rejected by 6 votes to 5,
with 7 abstentions. The voting was as follows:
In favour: Mr. Bossuyt, Mrs. Chavez, Mr. Eide, Mr. Hakim, Mrs. Palley
Against: Mr. Alfonso Martínez, Mr. Heller, Mrs. Ksentini,
Mr. Ramadhane, Mr. Sachar, Mr. Tian Jin
Abstaining: Mr. Chernichenko, Mr. Despouy, Mr. Yokota, Mr. Joinet,
Mr. Khalil, Mr. Maxim, Mr. Saboia
329. At the request of Mr. Alfonso Martínez, a roll-call vote was taken on the
draft decision as originally proposed, which was adopted by 6 votes to 4, with
7 abstentions. The voting was as follows:
In favour: Mr. Alfonso Martinez, Mr. Hakim, Mr. Heller, Mr. Ramadhane,
Mr. Sachar, Mr. Tian Jin
Against: Mr. Bossuyt, Mrs. Chavez, Mr. Eide, Mrs. Palley
Abstaining: Mr. Chernichenko, Mr. Despouy, Mr. Yokota, Mr. Joinet,
Mr. Khalil, Mr. Maxim, Mr. Saboia
330. Explanations of vote after the vote were made by Mr. Alfonso Martínez,
Mrs. Chavez, Mr. Chernichenko, Mr. Despouy, Mr. Eide, Mr. Joinet, Mr. Khalil,
Ms. Ksentini, Mr. Saboia and Mr. Yokota.
331. For the text of the decision, see chapter II, decision 1993/105.
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332. Subsequently, by letter of 18 August 1993, the Chairman transmitted
the text of the decision to the Chargé d’Affaires, Permanent Mission of
the United States of America to the United Nations Office and other
international organizations at Geneva (see E/CN.4/Sub.2/1993/40).
333. At the 29th meeting, on 23 August 1993, the Chairman informed
the Sub-Commission that he had received a reply to the letter
(see E/CN.4/Sub.2/1993/41).
Question of the human rights of persons subjected to any form of detention or
imprisonment
334. At the 33rd meeting, on 25 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.8, sponsored by Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevich, Mrs. Chavez, Mrs. Daes, Mr. Despouy, Mr. Eide, Mr. Guissé,
Mr. Hatano, Mr. Heller, Mr. Joinet, Mr. Maxim, Mrs. Palley, Mr. Sachar and
Mr. Yimer.
335. Statements relating to the draft resolution were made by Mr. Boutkevich,
Mr. Joinet and Mrs. Ksentini.
336. The draft resolution was adopted without a vote.
337. For the text as adopted, see chapter II, section A, resolution 1993/25.
Question of human rights and states of emergency
338. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.46, sponsored by Mr. Alfonso Martínez,
Mr. Bossuyt, Mrs. Daes, Mr. Despouy, Mr. Eide, Mrs. Forero Ucros, Mr. Guissé,
Mr. Hatano, Mr. Hakim, Mr. Joinet, Mr. Khalil, Mr. Ramadhane, Mr. Saboia,
Mr. Sachar and Mrs. Warzazi.
339. The draft resolution was adopted without a vote.
340. For the text as adopted, see chapter II, section A, resolution 1993/28.
Right to a fair trial
341. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.33, sponsored by Mr. Alfonso Martínez,
Ms. Attah, Mr. Boutkevich, Ms. Chavez, Ms. Daes, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hatano, Mr. Khalil, Mrs. Palley, Mr. Saboia, Mr. Sachar,
Mrs. Warzazi and Mr. Yimer.
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342. Mrs. Ksentini proposed the following amendments to the draft resolution:
(a) Delete operative paragraph 5, which read as follows: "Decides to
consider at its forty-sixth session transmitting to the Commission on Human
Rights the draft third optional protocol to the International Covenant on
Civil and Political Rights, aiming at guaranteeing under all circumstances the
right to a fair trial and a remedy"; and renumber the remaining operative
paragraphs accordingly;
(b) Insert in new operative paragraph 5 the words "the advisability of
elaborating a third optional protocol to the International Covenant on Civil
and Political Rights as well as" before the words "the other recommendations";
(c) Delete in new operative paragraph 6 the words, "inter alia, at
developing a draft third optional protocol to the International Covenant on
Civil and Political Rights aiming", after the words "a set of conclusions and
recommendations aimed".
343. The proposed amendments were accepted by the sponsors.
344. Statements in connection with the draft resolution and the proposed
amendments were made by Mr. Bossuyt and Mr. Joinet.
345. The draft resolution, as amended, was adopted without a vote.
346. For the text, as adopted, see chapter II, section A, resolution 1993/26.
Arbitrary and summary executions
347. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.21, sponsored by Mr. Boutkevich, Mrs. Chavez,
Mr. Eide and Mrs. Palley. Draft resolution E/CN.4/Sub.2/1993/L.21 read as
follows:
"The Sub-Commission on Prevention of Discrimination and Protection
of Minorities,
"Guided by the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and Commission on
Human Rights resolution 1993/71 of 10 March 1993
"Deeply concerned at reports of the occurrence of arbitrary and
summary executions in Aceh, Indonesia since 1989,
"Concerned also at the failure of the authorities to investigate
these reports,
"Regretting that the Special Rapporteur of the Commission on Human
Rights on the question of torture was prevented from visiting Aceh when
visiting Indonesia and East Timor in November 1991,
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"1. Expresses its deep concern at the reports of arbitrary and
summary executions in Aceh;
"2. Regrets that the Special Rapporteur of the Commission on
Human Rights on the question of torture was prevented from visiting Aceh
when visiting East Timor and Indonesia in November 1991;
"3. Encourages the Indonesian authorities to invite the
Special Rapporteurs of the Commission on Human Rights on the question of
torture and on extrajudicial, summary and arbitrary executions to visit
Aceh and other parts of Indonesia with a view to ascertaining the
situation pertaining to torture and arbitrary and summary executions;
"4. Recommends to the Commission that it consider at its
fiftieth session the reports of the Special Rapporteurs on the question
of torture and on extrajudicial, summary and arbitrary executions on the
situation in Indonesia, particularly in Aceh, and to this purpose
requests the secretariat to transmit to the Commission all information
received;
"5. Decides to consider at its forty-sixth session the questions
of torture and extrajudicial, summary and arbitrary executions and
related human rights violations in Indonesia, in particular in Aceh."
348. Statements relating to the draft resolution were made by Mr. Alfonso
Martínez, Mrs. Forero Ucros, Mr. Hakim, Mr. Heller, Mr. Joinet, Mrs. Palley
and Mr. Tian Jin.
349. Mr. Alfonso Martínez moved under rule 65, paragraph 2, of the rules of
procedure of the functional commissions of the Economic and Social Council
that the Sub-Commission take no decision on the draft resolution.
350. A vote was taken on the motion by secret ballot.
351. The motion that the Sub-Commission take no decision on draft
resolution E/CN.4/Sub.2/1993/L.21 was adopted by secret ballot by 17 votes 7,
with 1 abstention.
352. For the text of the decision as adopted see chapter II,
section B, 1993/108.
353. Statements after the vote were made by Mr. Alfonso Martínez and
Mr. Despouy.
The application of international standards concerning the human rights of
detained juveniles
354. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.35, sponsored by Mr. Despouy, Mr. Joinet
and Mrs. Ksentini. Mr. Maxim subsequently joined the sponsors.
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355. The draft resolution was adopted without a vote.
356. For the text as adopted, see chapter II, section A, resolution 1993/27.
Study of the issue of the privatization of prisons
357. At the same meeting the Sub-Commission considered draft
decision E/CN.4/Sub.2/1993/L.44, sponsored by Mr. Alfonso Martínez,
Mr. Boutkevitch, Mrs. Chavez, Mr. Guissé and Mr. Sachar.
358. Statements relating to the draft decision were made by
Mr. Alfonso Martínez, Mr. Despouy, Mr. Guissé, Mr. Joinet, Mrs. Ksentini
and Mrs. Palley.
359. The draft decision was adopted without a vote.
360. For the text as adopted, see chapter II, section B, decision 1993/109.
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XII. INDEPENDENCE AND IMPARTIALITY OF THE JUDICIARY, JURORS AND
ASSESSORS AND THE INDEPENDENCE OF LAWYERS
361. The Sub-Commission considered item 11 together with item 10
(see chapter XI), at its 17th to 25th and 34th meetings, on 13 to 19 and on
26 August 1993.
362. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Report on the independence of the judiciary and the protection of
practising lawyers submitted by Mr. Louis Joinet, pursuant to
Sub-Commission resolution 1992/38 (E/CN.4/Sub.2/1993/25 and Add.1);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/15);
363. At the 23rd meeting, on 18 August 1993, the Special Rapporteur,
Mr. Joinet, presented his report (E/CN.4/Sub.2/1993/25 and Add.1).
364. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Despouy (24th), Mr. Eide (22nd),
Mr. Khalil (22nd), Mrs. Palley (20th), Mr. Sachar (22nd) and
Mrs. Warzazi (22nd).
365. Statements were made by the observers for Colombia (24th),
Honduras (24th), Romania (24th), Sri Lanka (24th) and Turkey (24th).
366. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: American Association of
Jurists (19th), Centre Europe Tiers Monde (20th), France Liberté: Fondation
Danielle Mitterand (18th), International Commission of Jurists (18th),
International Educational Development (20th), International Falcon Movement-
Socialist Educational International (18th), International Federation of Human
Rights (18th), International League for the Rights and Liberation of Peoples
(20th), International Progress Organization (18th), International Union of
Lawyers (18th), Latin American Federation of Associations of Relatives of
Disappeared Detainees (22nd), National Aboriginal and Islander Legal Service
Secretariat (24th), Service Peace and Justice in Latin America (19th), World
Organization against Torture (20th).
367. Statements equivalent to a right of reply were made by the observers for
Turkey (20th) and the United Kingdom of Great Britain and
Northern Ireland (20th).
Independence and impartiality of the judiciary, jurors and assessors and the
independence of lawyers
368. At the 33rd meeting, on 26 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.52, sponsored by Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Khalil and Mr. Yokota.
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369. Mr. Guissé orally revised the draft resolution by inserting in operative
paragraph 3 the words "particularly with regard to judges and lawyers, as well
as court officers," after the words "of the judiciary", and making the
corresponding changes to operative paragraph 5.
370. Mr. Alfonso Martínez proposed amending operative paragraph 3 by inserting
after the words "impartiality of the judiciary in the form" the words "and
with the mandate which the Commission may deem appropriate".
371. Mr. Eide orally revised operative paragraph 3 by inserting the words "and
recommends also that this take the form of" before the words "a special
rapporteur".
372. Mrs. Warzazi proposed the following amendments:
(a) To insert in operative paragraph 3 the words "and the nature of
problems liable to attack this independence and impartiality" after the words
"of the judiciary", and to make the corresponding changes to operative
paragraph 5;
(b) To replace operative paragraph 3 (c) by "To address situations
requiring technical assistance when requested by the States concerned."
373. Mr. Heller proposed the following amendment:
(a) To replace, in operative paragraph 3, the word "should" by the word
"could";
(b) To replace subparagraphs 3 (b) and (c) by one subparagraph reading
as follows: "(b) To identify and record attacks on the independence of the
judiciary and to provide technical assistance when so requested;"
(c) To insert in new operative paragraph 3 (c) the words "and drug
trafficking" after the word "terrorism".
These proposed amendments would also be reflected in operative paragraph 5 of
the draft resolution.
374. The first proposal made by Mrs. Warzazi and the amendments proposed by
Mr. Heller were accepted by the sponsors.
375. Statements relating to the draft resolution, revisions and amendments
were made by Mr. Alfonso Martínez, Mr. Eide, Mr. Despouy, Mrs. Ferero Ucros,
Mr. Guissé, Mr. Joinet, Mrs. Ksentini and Mr. Yokota.
376. The draft resolution, as revised and amended, was adopted without a vote.
377. For the text as adopted, see chapter II, section A, resolution 1993/39.
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XIII. HUMAN RIGHTS AND DISABILITY
378. The Sub-Commission considered item 12 at its 17th, 18th and 27th
meetings, on 13, 16 and 20 August 1993.
379. In the general debate on the item, a statement 1/ was made by
Mr. Despouy (18th).
380. A statement was made by the observer for El Salvador (17th).
381. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: International Association
of Educators for World Peace (17th), International Educational
Development (17th), Disabled Peoples’ International (17th).
382. At the 27th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.29, sponsored by Mr. Bossuyt, Mrs. Daes,
Mr. Despouy, Mr. Eide and Mr. Guissé. Mrs. Ksentini subsequently joined the
sponsors.
383. The draft resolution was adopted without a vote.
384. For the text of the resolution, see chapter II, section A,
resolution 1993/22.
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XIV. ELIMINATION OF ALL FORMS OF INTOLERANCE AND OF
DISCRIMINATION BASED ON RELIGION AND BELIEF
385. The Sub-Commission considered item 13 at its 7th, 8th and 17th meetings,
held on 6 and 13 August 1993.
386. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/14);
Joint statement submitted by the International Association for the
Defence of Religious Liberty, the International Council of Jewish Women,
the International Fellowship of Reconciliation, the International
Organization for Development of Freedom of Education and Pax Christi
International, non-governmental organizations in consultative status
(category II).
387. In the general debate on the item, a statement 1/ was made by
Mrs. Mbonu (8th).
388. The Sub-Commission also heard statements by the following
non-governmental organizations: Baha’i International Community (8th),
International Association for the Defence of Religious Liberty (8th),
International Federation of Human Rights (7th), International Organization
for Development of Freedom of Education (8th), Movement Against Racism
and for Friendship among Peoples (8th), Pax Christi International (8th),
Pax Romana (7th).
389. A statement equivalent to a right of reply was made by the observer
for Viet Nam (8th).
390. At the 17th meeting, on 13 August 1993, the Sub-Commission
considered draft resolution E/CN.4/Sub.2/1993/L.4, sponsored by Mr. Eide,
Mrs. Forero Ucros, Mr. Guissé, Mr. Ramadhane, Mr. Saboia, Mrs. Warzazi and
Mr. Yimer. Mrs. Attah, Mr. Maxim and Mr. Sachar subsequently joined
the sponsors.
391. The draft resolution was adopted without a vote.
392. For the text as adopted see chapter II, section A, resolution 1993/2.
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XV. DISCRIMINATION AGAINST INDIGENOUS PEOPLES
393. The Sub-Commission considered item 14 at its 16th, 33rd and 35th
meetings, on 13, 25 and 26 August 1993.
394. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Draft declaration on the rights of indigenous peoples:
Revised working paper submitted by the Chairperson-Rapporteur,
Mrs. Erica-Irene Daes, pursuant to Sub-Commission resolution 1992/33
and Commission on Human Rights resolution 1993/31 (E/CN.4/Sub.2/1993/26
and Add. 1);
Study on the protection of the cultural and intellectual property of
indigenous peoples, by Mrs. Erica-Irene Daes, Special Rapporteur of
the Sub-Commission on Prevention of Discrimination and Protection of
Minorities and Chairperson of the Working Group on Indigenous Populations
(E/CN.4/Sub.2/1993/28);
Report of the Working Group on Indigenous Populations on its eleventh
session (E/CN.4/Sub.2/1993/29 and Add.1-2);
Letter dated 24 August 1993 from the Permanent Representative of Peru
to the United Nations and other international organizations at Geneva,
addressed to the Chairman of the forty-fifth session of the
Sub-Commission on Prevention of Discrimination and Protection of
Minorities (E/CN.4/Sub.2/1993/43);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/4);
Written statement submitted by the Commission for the Defense of
Human Rights in Central America, a non-governmental organization in
consultative status (category II) (E/CN.4/Sub.2/1993/NGO/6);
Written statement submitted by the Indian Law Resource Center, a
non-governmental organization on the Roster (E/CN.4/Sub.2/1993/NGO/13);
Written statement submitted by Four Directions Council, a
non-governmental organization in consultative status (category II)
(E/CN.4/Sub.2/1993/NGO/20);
Written statement submitted by the International Organization of
Indigenous Peoples, a non-governmental organization in consultative
status (category II) (E/CN.4/Sub.2/1993/NGO/21);
395. At the 16th meeting, on 13 August, Nobel Peace Prize laureate
Mrs. Rigoberta Menchú, addressed the Sub-Commission.
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396. At the 33rd meeting, on 25 August 1993, Mrs. Erica-Irene Daes,
Chairperson-Rapporteur of the Working Group on Indigenous Populations,
introduced the report of the Working Group (E/CN.4/Sub.2/1993/29 and Add.1).
397. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (16th, 33rd),
Mrs. Chavez (33rd), Mrs. Daes (16th), Mr. Eide (16th, 33rd), Mr. Guissé
(16th), Mr. Joinet (16th), Mrs. Ksentini (16th) and Mr. Saboia (33rd).
398. Statements were made by the observers for Bolivia (33rd), Brazil (33rd),
Canada (33rd) and Colombia (33rd).
399. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: France-Libertés: Fondation
Danielle Mitterand (33rd), Indian Council of South America (33rd), Indian Law
Resource Centre (33rd), Indigenous World Association (33rd), International
Federation for the Protection of the Rights of Ethnic, Religious, Linguistic
and other Minorities (33rd), International Federation of Human Rights (33rd),
International Federation Terre des Hommes (33rd), Latin American Federation of
Associations of Relatives of Disappeared Detainees (33rd), National Aboriginal
and Islander Legal Service Secretariat (33rd), Nordic Saami Council (33rd).
400. At the 33rd meeting, on 25 August 1993, Mrs. Daes made her concluding
remarks.
Draft United Nations declaration on indigenous peoples
401. At the 35th meeting, on 26 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.47, sponsored by Mr. Alfonso Martínez.
402. At the same meeting, Mrs. Daes introduced amendments to draft
resolution E/CN.4/Sub.2/1993/L.47 contained in document
E/CN.4/Sub.2/1993/L.54, reading as follows:
"Operative paragraph 3:
Insert the following text as new subparagraph (a):
"The draft declaration shall be entitled ’United Nations
Declaration on the Rights of Indigenous Peoples’";
Renumber the subparagraphs.
Replace existing subparagraph (d) by the following:
"To adopt the draft United Nations declaration after due
consideration, at its forty-sixth session, in 1994, and to submit
it to the Commission on Human Rights with the recommendation that
the Commission consider and adopt it at its fifty-first session,
in 1995.";
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"Add the following new paragraph, as operative paragraph 4:
To recommend to the Commission on Human Rights and to the Economic
and Social Council to take special measures to enable indigenous peoples
to participate fully and effectively, without regard to consultative
status, in the consideration of the draft United Nations declaration,
as they have contributed to the work of the Working Group."
403. Statements relating to the draft resolution were made by
Mr. Alfonso Martínez, Mrs. Daes, Mr. Guissé, Mr. Heller, Mr. Sachar and
Mr. Yimer.
404. The Sub-Commission postponed consideration of the draft resolution and
the proposed amendments thereto.
405. At the same meeting, the Sub-Commission resumed its consideration of
draft resolution E/CN.4/Sub.2/1993/L.47 and the proposed amendments thereto.
406. Mrs. Daes revised the third amendment contained in document L.54 as
follows:
(a) The word "adopt" before the words "draft United Nations", was
replaced by the word "consider";
(b) The words "if possible" were inserted between the word "and" and
the words "to submit it";
(c) At the end of the third amendment the following words were
inserted: "on the understanding that the report of the Working Group on its
twelfth session will contain a summary of general views expressed by the
participants on the draft declaration." This revision to
E/CN.4/Sub.2/1993/L.54 by Mrs. Daes was subsequently issued as document
E/CN.4/Sub.2/1993/L.54/Rev.1.
407. The amendments and revised amendments were accepted by the sponsor.
408. The draft resolution, as amended, was adopted without a vote.
409. For the text as adopted, see chapter II, section A, resolution 1993/46.
Cultural and intellectual property of indigenous peoples
410. At the 35th meeting, on 26 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.53, sponsored by Mrs. Warzazi.
411. A statement on an estimate of the programme budget implications of
implementing the draft resolution was made by a representative of the
Secretary-General, in accordance with rule 28 of the rules of procedure of
the functional commissions of the Economic and Social Council.
412. The draft resolution was adopted without a vote.
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413. For the text as adopted, see chapter II, section A, resolution 1993/44.
Study on treaties, agreements and other constructive arrangements between
States and indigenous populations
414. At the same meeting, the Sub-Commission considered draft
decision E/CN.4/Sub.2/1993/L.55, sponsored by Mr. Alfonso Martínez,
Mrs. Attah, Mr. Boutkevitch, Mrs. Daes and Mr. Yokota.
415. The draft decision was adopted without a vote.
416. For the text, see chapter II, section B, decision 1993/110.
Discrimination against indigenous peoples
417. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.56, sponsored by Mrs. Daes.
418. Statements relating to the draft resolution were made by
Mr. Alfonso Martínez, Mr. Chernichenko and Mr. Saboia.
419. The draft resolution was adopted without a vote.
420. For the text as adopted, see chapter II, section A, resolution 1993/45.
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XVI. CONTEMPORARY FORMS OF SLAVERY
421. The Sub-Commission considered item 15 at its 8th, 9th, 10th, 26th
and 33rd meetings, on 6, 9, 10, 20 and 25 August 1993.
422. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Report of the Working Group on Contemporary Forms of Slavery on its
eighteenth session (E/CN.4/Sub.2/1993/30);
Programme of Action for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography: Report of the Working Group on
Contemporary Forms of Slavery pursuant to paragraph 6 of Sub-Commission
resolution 1992/2 (E/CN.4/Sub.2/1993/31 and Add.1);
Note by the Secretary-General pursuant to Sub-Commission
resolution 1992/3 (E/CN.4/Sub.2/1993/32);
Note by the Secretary-General pursuant to Sub-Commission
resolution 1992/2 (E/CN.4/Sub.2/1993/35);
Preparatory Document submitted by Mrs. Linda Chavez on the question of
systematic rape, sexual slavery and slavery-like practices during wartime
(E/CN.4/Sub.2/1993/44);
Written statement submitted by International Educational
Development Inc., a non-governmental organization on the Roster
(E/CN.4/Sub.2/1993/NGO/25).
423. At the 8th meeting, on 6 August 1993, Mr. Maxim, the Chairman-Rapporteur
of the Working Group on Contemporary Forms of Slavery, introduced the report
of the Working Group (E/CN.4/Sub.2/1993/30).
424. At the 9th meeting, on 9 August 1993, the Special Rapporteur on the sale
of children, child prostitution and child pornography, Mr. Vitit Muntarbhorn,
made a statement.
425. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (10th),
Mrs. Attah (9th), Mrs. Chavez (8th), Mrs. Daes (10th), Mr. Eide (8th),
Mrs. Forero Ucros (10th), Mr. Guissé (8th), Mr. Hakim (10th),
Mrs. Ksentini (10th), Mrs. Palley (10th), Mr. Tian Jin (10th),
Mrs. Warzazi (9th).
426. Statements were made by the observers for: Brazil (10th),
Colombia (10th), Democratic People’s Republic of Korea (10th),
Republic of Korea (10th).
427. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: Anti-Slavery International for
the Protection of Human Rights (9th), Commission of the Churches on
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International Affairs of the World Council of Churches (9th), Human Rights
Advocates (8th), International Abolitionist Federation (8th), International
Association of Democratic Lawyers (8th), International Association of
Educators for World Peace (9th), International Commission of Jurists (8th),
International Educational Development (10th), International Fellowship of
Reconciliation (9th), International Lesbian and Gay Association (8th),
Liberation (9th), World Association for the School as an Instrument of
Peace (7th).
428. Statements equivalent to a right to reply were made by the observers for
India (10th) and Thailand (9th).
Report of the Working Group on Contemporary Forms of Slavery
429. At its 26th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.7, sponsored by Mrs. Chavez, Mr. Eide,
Mrs. Ferriol Echevarria, Mr. Hakim, Mrs. Ksentini, Mr. Maxim, Mr. Ramadhane,
Mrs. Warzazi and Mr. Yimer. Mr. Guissé, Mr. Khalil and Mr. Joinet
subsequently joined the sponsors.
430. Mrs. Ksentini and Mr. Yimer made statements relating to the draft
resolution.
431. Mrs. Warzazi withdrew as a sponsor.
432. A statement on an estimate of the programme budget implications of
implementing the draft resolution was made by a representative of the
Secretary-General, in accordance with rule 28 of the rules of procedure
of the functional commissions of the Economic and Social Council.
433. The draft resolution was adopted without a vote.
434. For the text as adopted, see chapter II, section A, resolution 1993/5.
Slavery and slavery-like practices during wartime
435. At the 26th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.12, sponsored by Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevitch, Mrs. Chavez, Mrs. Daes, Mr. Eide, Mrs. Forero Ucros,
Mr. Hatano, Mr. Hakim, Mr. Heller, Mrs. Ksentini, Mr. Maxim, Mrs. Palley
and Mrs. Warzazi.
436. Mrs. Daes, on behalf of the sponsors, informed the Sub-Commission that
a revision to the draft resolution would be issued.
437. The Sub-Commission decided to postpone consideration of draft
resolution E/CN.4/Sub.2/1993/L.12.
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438. At the 33rd meeting, on 25 August 1993, the Sub-Commission considered a
revised draft resolution (E/CN.4/Sub.2/1993/L.12/Rev.1) sponsored by
Mrs. Attah, Mr. Bossuyt, Mr. Boutkevitch, Mrs. Daes, Mr. Eide, Mr. Hatano,
Mrs. Ksentini, Mrs. Palley, Mrs. Warzazi and Mr. Yimer. Mr. Maxim
subsequently joined the sponsors.
439. The revised draft resolution contained the following revisions:
(a) In the second preambular paragraph, after the words "abuse of women
and children" the words "and 1993/46 of 8 March 1993, in which the Commission
condemned all acts of violence and violations of human rights directed
specifically against women, including those in situations of armed conflict"
were added;
(b) In operative paragraphs 1 and 4, the words "appoint a Special
Rapporteur from among the members of the Sub-Commission to undertake" were
replaced by the words "entrust Mrs. Linda Chavez, as Special Rapporteur, with
the task of undertaking";
(c) A new paragraph was inserted as operative paragraph 2 and the
remaining paragraphs were renumbered;
(d) A new paragraph was added as operative paragraph 6.
440. Mrs. Daes orally revised the draft resolution by inserting
in operative paragraphs 1, 4 and 5 the word "armed" between the words
"internal" and "conflict".
441. Mr. Alfonso Martínez proposed amending the draft resolution by inserting:
in operative paragraphs 1, 4 and 5 the words "in particular" after the word
"including".
442. The amendment was accepted by the sponsors.
443. Statements in connection with the draft resolution and the amendments
thereto were made by Mr. Alfonso Martínez, Mrs. Chavez, Mrs. Daes,
Mr. Despouy, Mr. Guissé, Mr. Tian Jin and Mr. Yimer.
444. A statement on an estimate of the programme budget implications of
implementing the draft resolution was made by a representative of the
Secretary-General, in accordance with rule 28 of the rules of procedure of
the functional commissions of the Economic and Social Council.
445. The draft resolution, as revised and amended, was adopted without a vote.
446. For the text as adopted, see chapter II, section A, resolution 1993/24.
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Additional assistance in studying ways and means of resolving problems arising
from the former institution of slavery
447. At the 26th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.13, sponsored by Mrs. Chavez, Mr. Guissé,
Mrs. Palley and Mrs. Warzazi. Mrs. Attah and Mr. Maxim subsequently joined
the sponsors.
448. The draft resolution was adopted without a vote.
449. For the text of the resolution, see chapter II, section A,
resolution 1993/6.
Working Group on Contemporary Forms of Slavery
450. At the same meeting the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1993/L.14, sponsored by Mr. Boutkevitch,
Mrs. Chavez, Mr. Chernichenko, Mr. Hakim, Mr. Joinet, Mrs. Ksentini,
Mr. Maxim, Mrs. Palley, Mr. Ramadhane, Mr. Sachar, Mrs. Warzazi and Mr. Yimer.
Mr. Guissé subsequently joined the sponsors.
451. The draft resolution was adopted without a vote.
452. For the text of the resolution, see chapter II, section A,
resolution 1993/7.
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XVII. PROMOTION, PROTECTION AND RESTORATION OF HUMAN RIGHTS
AT NATIONAL, REGIONAL AND INTERNATIONAL LEVELS
(a) Prevention of discrimination and protection of
children: human rights and youth
(b) Prevention of discrimination and protection of women
453. The Sub-Commission considered item 16 at its 8th to 10th meetings,
on 6, 9 and 10 August 1993.
454. In connection with it consideration of the item, the Sub-Commission
had before it the note by the Secretary-General prepared pursuant to
Sub-Commission resolution 1992/4 (E/CN.4/Sub.2/1993/33).
455. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (10th),
Mr. Boutkevitch (9th), Mrs. Daes (10th), Mr. Guissé (8th, 9th),
Mr. Hakim (10th), Mrs. Ksentini (10th), Mrs. Mbonu (9th), Mrs. Palley (10th)
Mr. Tian Jin (10th).
456. The observer for Colombia made a statement (10th).
457. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: Commission of the Churches on
International Affairs of the World Council of Churches (9th), Indigenous World
Association (10th), International Abolitionist Federation (9th), International
Association of Democratic Lawyers (8th), International Association of
Education for World Peace (9th), International Educational Development (10th),
International Federation Terre des Hommes (9th), International League for the
Rights and Liberation of Peoples (10th), International Movement against All
Forms of Discrimination and Racism (9th), International Work Group for
Indigenous Affairs (9th), World Organization against Torture (8th).
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XVIII. PROTECTION OF MINORITIES
458. The Sub-Commission considered item 17 at its 29th, 34th and 35th
meetings, held on 23 and 26 August 1993.
459. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Possible ways and means of facilitating the peaceful and constructive
solution of problems involving minorities: report submitted by
Mr. Asbjørn Eide (E/CN.4/Sub.2/1993/34 and Add.1-4);
Written statement submitted by the Inter-Parliamentary Union, a
non-governmental organization in consultative status (category I)
(E/CN.4/Sub.2/1993/NGO/7);
Written statement submitted by the International Federation of Human
Rights, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/12).
Written statement submitted by the International Fellowship of
Reconciliation, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/27);
Written statement submitted by the International Fellowship of
Reconciliation, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1993/NGO/29).
460. At the 29th meeting, on 23 August 1993, the Special Rapporteur, Mr. Eide,
introduced his final report (E/CN.4/Sub.2/1992/34 and Add.1-4).
461. Mr. Maxim and Mrs. Palley, in their function as commentators in
accordance with Guideline No. 5 adopted by the Sub-Commission at its
forty-fourth session (resolution 1992/8, annex), made their observations.
462. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (29th),
Mrs. Attah (29th), Mrs. Chavez (29th), Mrs. Forero Ucros (29th),
Mr. Guissé (29th), Mrs. Warzazi (29th), Mr. Yimer (29th).
463. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: Human Rights Advocates (29th),
International Association of Educators for World Peace (29th), International
Council of Jewish Women (29th), International Educational Development (29th),
International Federation for the Protection of the Rights of Ethnic,
Religious, Linguistic and Other Minorities (29th), International League for
the Rights and Liberation of Peoples (29th), International Movement against
All Forms of Discrimination and Racism (29th), Minority Rights Group (29th),
Pax Christi International (29th).
464. Statements equivalent to a right of reply were made by the observers for
Cyprus (29th), Morocco (29th) and Turkey (29th).
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465. Also at the 29th meeting, on 23 August 1993, the Special Rapporteur made
his concluding remarks.
466. At its 34th meeting, on 26 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.9 sponsored by Mrs. Attah,
Mr. Boutkevitch, Mrs. Chavez, Mr. Chernichenko, Mrs. Daes, Mr. Despouy,
Mr. Eide, Mrs. Forero Ucros, Mr. Guissé, Mr. Hakim, Mr. Hatano, Mr. Heller,
Mr. Joinet, Mr. Khalifa, Mrs. Ksentini, Mr. Maxim, Mrs. Palley, Mr. Ramadhane,
Mrs. Warzazi and Mr. Yimer.
467. Mrs. Daes revised the draft resolution by replacing in the fourth
preambular paragraph and in operative paragraphs 1 and 2 the words "national
minorities" by the words "national or ethnic minorities".
468. Mr. Alfonso Martínez proposed amending the draft resolution by inserting,
in operative paragraph 2, the word "humanitarian" between the word
"international" and the word "law".
469. The amendment was accepted by the sponsors.
470. Draft resolution E/CN.4/Sub.2/1993/L.9, as revised and amended, was
adopted without a vote.
471. For the text as adopted, see chapter II, section A, resolution 1992/42.
472. At its 35th meeting, on 26 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.39, sponsored by Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevitch, Mrs. Chavez, Mr. Chernichenko, Mrs. Daes, Mr. Despouy,
Mrs. Forero Ucros, Mr. Guissé, Mr. Hakim, Mr. Ramadhane, Mr. Saboia,
Mr. Sachar, Mr. Yimer and Mr. Yokota.
473. Statements with regard to the draft resolution were made by
Mr. Alfonso Martínez and Mrs. Daes.
474. Mr. Alfonso Martínez proposed amending the draft resolution by adding
a new paragraph as the last preambular paragraph.
475. The proposed amendment was accepted by the sponsors.
476. The draft resolution was adopted without a vote.
477. For the text as adopted, see chapter II, section A, resolution 1993/43.
478. At the same meeting, Mr. Eide made a statement concerning his report and
the resolution adopted.
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XIX. FREEDOM OF MOVEMENT
479. The Sub-Commission considered agenda item 18 at its 14th to 17th
and 27th meetings, on 12, 13 and 20 August 1993.
480. The Sub-Commission had before it in connection with its consideration of
the item a written statement submitted by International Educational
Development, a non-governmental organization on the Roster
(E/CN.4/Sub.2/1993/NGO/23)
481. At its 15th meeting, on 12 August 1993, Mr. Hatano, Special Rapporteur on
the human rights dimensions of population transfer, including the implantation
of settlers, introduced the preliminary report on the subject
(E/CN.4/Sub.2/1993/17 and Corr.1), submitted under agenda item 8, by
Mr. Al-Khasawneh and himself.
482. In the general debate on the item, statements were made by the following
members of the Sub-Commission: Mr. Bossuyt (15th), Mr. Chernichenko (17th),
Mr. Eide (15th), Mr. Guissé (14th), Mrs. Forero Ucros (15th), Mr. Ramadhane
(15th), Mr. Sachar (16th).
483. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: Amnesty International (14th),
Centre Europe-Tiers Monde (15th), International Commission of Jurists (15th),
International Federation of Human Rights (14th), International Lesbian and Gay
Association (15th).
484. At the 27th meeting, on 20 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.25, sponsored by Mr. Alfonso Martínez,
Mrs. Attah, Mr. Bossuyt, Mr. Boutkevitch, Mrs. Chavez, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hatano, Mr. Hakim, Mr. Heller, Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mr. Maxim, Mr. Merrills, Mr. Ramadhane, Mr. Saboia, Mr. Sachar,
Mr. Tian Jin, Mrs. Warzazi and Mr. Yimer. Mrs. Forero Ucros subsequently
joined the sponsors.
485. Mr. Guissé revised the seventh preambular paragraph by replacing the word
"change" by the words "fight effectively against". The draft resolution as
revised, was adopted without a vote.
486. For the text of the resolution, see chapter II, section A,
resolution 1993/21.
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XX. IMPLICATIONS OF HUMANITARIAN ACTIVITIES FOR THE
ENJOYMENT OF HUMAN RIGHTS
487. The Sub-Commission considered item 19 at its 23rd to 27th, 33rd and
34th meetings on 18 to 20, 25 and 26 August 1993.
488. The Sub-Commission had before it the following document in connection
with its consideration of the item:
Preparatory document submitted by Mrs. Claire Palley on the question of
the role of the United Nations in international humanitarian activities
and assistance and human rights enforcement, bearing in mind the
principle of non-interference (E/CN.4/Sub.2/1993/39).
489. The Sub-Commission heard statements by the representatives of the
following non-governmental organizations: American Association of Jurists
(23rd), Centre Europe Tiers-Monde (25th), International Association against
Torture (25th), International Educational Development (27th), International
Indian Treaty Council (23rd), International League for the Rights and
Liberation of Peoples (23rd), Movement against Racism and for Friendship among
Peoples (25th), National Aboriginal and Islander Legal Service Secretariat
(25th).
490. At the 33rd meeting, on 25 August 1993, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1993/L.36, sponsored by Mrs. Daes, Mr. Eide,
Mrs. Warzazi and Mr. Yimer. Mr. Joinet subsequently joined the sponsors.
491. Mrs. Palley, proposed the following amendments to the draft resolution:
(a) Replace the title of the draft resolution by the following:
"Question of the possible role of the United Nations in activities for
the promotion and protection of human rights, in international
humanitarian activities and in assistance in relation to the principle of
non-intervention";
(b) Insert after the third preambular paragraph, a new preambular
paragraph: "Considering that all Member States have the duty to respect and
to promote respect for the basic principles of international law enshrined in
Article 2 of the Charter", and renumber the paragraphs accordingly;
(c) Insert, after the sixth preambular paragraph, a new preambular
paragraph: "Concerned at the possible undertaking of coercive action
including the use of military force, for the purpose of promoting, protecting
or re-establishing human rights";
(d) Insert, after the seventh preambular paragraph, a new preambular
paragraph: "Taking into account the functions and power established in the
Charter for the principal organs of the United Nations, in particular those
related to the promotion of universal respect for and observance of human
rights and fundamental freedoms for all in chapter IX in the Charter";
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(e) Insert, in operative paragraph 3, the word "so-called" before the
word "international";
(f) Replace operative paragraph 4 by a new paragraph reading as
follows: "Decides to request the Commission on Human Rights to appoint
Mrs. Claire Palley as Special Rapporteur on the question of the possible role
of the United Nations in so-called international humanitarian activities and
assistance and other principles of general international law enshrined in the
Charter of the United Nations in relation to the principle of
non-intervention";
(g) Replace operative paragraph 5, by a new operative paragraph,
reading as follows: "Requests the Special Rapporteur to submit a preliminary
report to the Sub-Commission at its forty-sixth session, a progress report at
its forty-seventh and her final report, if possible, to the Sub-Commission at
its forty-eighth session";
(h) Replace the text of the draft decision in operative paragraph 7 by
the following text: "The Commission on Human Rights, taking note of
resolution 1993/... of .. August 1993 of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities, endorses the Sub-Commission’s
request to appoint Mrs. Claire Palley as Special Rapporteur on the question of
the possible role of the United Nations in so-called international
humanitarian activities and assistance in relation to the principle of
non-intervention, further endorses the Sub-Commission’s request to the
Secretary-General to provide the Special Rapporteur with all necessary
assistance, including the resources required, to complete her study and
requests the Economic and Social Council to adopt the following decision:
The Economic and Social Council endorses Commission on Human Rights
resolution 1994/... and decides to appoint Mrs. Claire Palley as
Special Rapporteur on the question of the possible role of the United Nations
in so-called international humanitarian activities and assistance in relation
to the principle of non-intervention, further endorses the Sub-Commission’s
request to the Secretary-General to provide the Special Rapporteur with all
necessary assistance, including the resources required, to complete her
study."
492. Mr. Joinet, before joining the sponsors, proposed amending the draft
resolution by inserting, after operative paragraph 4, a new operative
paragraph.
493. The amendment proposed by Mr. Joinet was accepted by the sponsors.
494. Statements relating to the revised draft resolution and the amendments
thereto were made by Mr. Alfonso Martínez, Mr Bossuyt, Mrs. Daes and
Mr. Heller.
495. The Sub-Commission decided to postpone consideration of draft
resolution E/CN.4/Sub.2/1993/L.36.
496. At its 34th meeting, on 26 August 1993, the Sub-Commission resumed
consideration of draft resolution E/CN.4/Sub.2/1993/L.36.
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497. Mrs. Palley, proposed the following new amendments to draft resolution
E/CN.4/Sub.2/1993/L.36 in place of those she had proposed at the 33rd meeting:
(a) To replace the title of the draft resolution by a new title;
(b) To add new wording at the end of the third preambular paragraph
after the words "humanitarian activities";
(c) To insert a new fourth preambular paragraph;
(d) To reword the fifth (new sixth) preambular paragraph;
(e) To replace the sixth preambular paragraph by a new (seventh)
preambular paragraph;
(f) To insert a new ninth preambular paragraph;
(g) To delete operative paragraph 3;
(h) To replace old operative paragraph 4 by a new operative
paragraph 3;
(i) To replace old operative paragraph 5 by a new operative
paragraph 4;
(j) To insert a new paragraph as new operative paragraph 5;
(k) To replace operative paragraph 7 by a new operative paragraph.
498. Mr. Sachar proposed the following amendment:
To insert, in the new seventh preambular paragraph, the words "claim for"
before the words "possible utilization" and to delete in the same
paragraph the words "is in a process of evolution and would benefit
from".
499. Mrs. Palley proposed the following further amendment:
To replace, in the seventh preambular paragraph, the word "possible" by
the words "the possibility of".
500. The amendments proposed by Mrs. Palley were accepted by the sponsors.
501. Mrs. Forero Ucros proposed replacing, in the new ninth preambular
paragraph, the word "power" by the word "competence".
502. This amendment was accepted by the sponsors.
503. Mrs. Ksentini proposed the following amendments to the text:
(a) Delete, in the seventh preambular paragraph, the words "is in a
process of evolution";
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(b) Delete, in new operative paragraph 3 the words "and the need to
further develop international cooperation in the humanitarian field and the
promotion and protection of human rights".
504. Statements relating to the draft resolution and the proposed amendments
thereto were made by Mr. Alfonso Martínez, Mr. Bossuyt, Mrs. Chavez,
Mr. Chernichenko, Mr. Eide, Mrs. Forero Ucros, Mr. Guissé, Mr. Joinet,
Mr. Khalil, Mrs. Ksentini, Mr. Saboia, Mr. Sachar, Mr. Tian Jin and
Mrs. Warzazi.
505. A statement on an estimate of the programme budget implications of
implementing the draft resolution was made by a representative of the
Secretary-General, in accordance with rule 28 of the rules of procedure of the
functional commissions of the Economic and Social Council.
506. At the same meeting, Mrs. Ksentini moved, under rule 65, paragraph 2
of the rules of procedure of the functional commissions of the Economic and
Social Council, not to take a decision on draft resolution
E/CN.3/Sub.2/1993/L.36.
507. The motion that the Sub-Commission take no decision on the draft
resolution was rejected by 10 votes to 6, with 5 abstentions.
508. At the request of Mrs. Ksentini, the Sub-Commission voted on the
amendments she had proposed. The proposed amendments were rejected
by 12 votes to none, to 4, with 6 abstentions.
509. At the request of Mrs. Ksentini, the Sub-Commission then voted on draft
resolution E/CN.4/Sub.2/1993/L.36, as amended. The resolution was adopted
by 14 votes, with 7 abstentions.
510. For the text as adopted see chapter II, section A, resolution 1993/38.
511. Explanations of vote after the vote were made by Mr. Alfonso Martínez,
Mr. Chernichenko, Mr. Despouy, Mr. Hakim, Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mrs. Mbonu, Mr. Saboia, Mr. Sachar, Mr. Tian Jin and
Mrs. Warzazi.
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XXI. CONSIDERATION OF THE FUTURE WORK OF THE SUB-COMMISSION
AND OF THE DRAFT PROVISIONAL AGENDA FOR THE FORTY-SIXTH
SESSION OF THE SUB-COMMISSION
512. The Sub-Commission considered agenda item 20 at its 36th meeting, held
on 27 August 1993.
513. In connection with the consideration of this item, the Sub-Commission had
before it a note prepared by the Secretary-General in accordance with
paragraph 3 of Economic and Social Council resolution 1894 (LVII) of
1 August 1974 (E/CN.4/Sub.2/1993/L.1), containing a draft provisional agenda
for the forty-sixth session of the Sub-Commission, a list of the documents to
be submitted under each item and the legislative authority for their
preparation.
514. The Sub-Commission recalled its resolutions 1985/34 and 1989/1, in which
it decided that the following items would be considered on a biennial basis,
starting at its thirty-ninth session for the items:
(a) Elimination of all forms of intolerance and of discrimination based
on religion or belief;
(b) International peace and security as an essential condition for the
enjoyment of human rights, above all the right to life;
and at its fortieth session for the items:
(a) Human rights and scientific and technological developments;
(b) Encouragement of universal acceptance of human rights instruments.
515. The Sub-Commission took note of the draft provisional agenda
(E/CN.4/Sub.2/1992/L.1).
516. The text of the draft provisional agenda for the forty-sixth session of
the Sub-Commission reads as follows:
1. Election of officers.
2. Adoption of the agenda.
3. Review of the work of the Sub-Commission.
Legislative authority: Commission on Human Rights
resolution 1993/28 and Sub-Commission resolution 5 (XIV), 1992/8
and 1993/4 and decision 2 (XXXIV).
4. Review of further developments in fields with which the
Sub-Commission has been concerned.
Legislative authority: Sub-Commission resolutions 1993/29,
1993/30, 1993/31, 1993/32, 1993/33 and 1993/37.
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Documentation:
(a) Report of the Secretary-General (para. 6 of
resolution 1993/29);
(b) Report by the Special Rapporteur (para. 3 of
resolution 1993/30);
(c) Report of the Secretary-General (para. 7 of
resolution 1993/31);
(d) Final report by the Special Rapporteur (para. 4 of
resolution 1993/32);
(e) Report by the Special Rapporteur (para. 2 of
resolution 1993/33);
(f) Report by the two Special Rapporteurs (para. 2 of
resolution 1993/37).
5. Elimination of racial discrimination:
(a) Measures to combat racism and racial discrimination and the
role of the Sub-Commission;
(b) Monitoring the transition to democracy in South Africa.
Legislative authority: Sub-Commission resolutions 1993/1 and
1993/3.
Documentation:
(a) Second report by the Special Rapporteur (para. 5 of
resolution 1993/1);
(b) Report of the Secretary-General (para. 5 of
resolution 1993/3);
6. Question of the violation of human rights and fundamental freedoms,
including policies of racial discrimination and segregation and of
apartheid, in all countries, with particular reference to colonial
and other dependent countries and territories: report of the
Sub-Commission under Commission on Human Rights
resolution 8 (XXIII).
Legislative authority: Sub-Commission resolutions 1993/10,
1993/12, 1993/14, 1993/15, 1993/18 and 1993/20.
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Documentation:
(a) Note by the Secretary-General (para. 5 of resolution 1993/12);
(b) Note by the Secretary-General (para. 8 of resolution 1993/14);
(c) Note by the Secretary-General (para. 8 of resolution 1993/15);
7. The new international economic order and the promotion of human
rights:
(a) The role and equal participation of women in development.
Legislative authority: Sub-Commission resolutions 1987/26, 1989/1.
Documentation:
Report of the Commission on the Status of Women
(resolution 1987/26).
Report of the Committee on the Elimination of Discrimination
against Women (resolution 1987/26).
8. The realization of economic, social and cultural rights.
Legislative authority: Sub-Commission resolutions 1993/34,
1993/35, 1993/36, 1993/40 and 1993/41.
Documentation:
(a) Progress report by the Special Rapporteur (para. 4 of
resolution 1993/34);
(b) Interim report by the Special Rapporteur (para. 4 of
resolution 1993/35);
(c) Second progress report by the Special Rapporteur (para. 5 of
resolution 1993/36);
(d) Preparatory document by Mr. Eide (para. 3 of
resolution 1993/40);
9. Communications concerning human rights: report of the
Working Group established under Sub-Commission resolution 2 (XXIV)
in accordance with Economic and Social Council
resolution 1503 (XLVIII).
Legislative authority: Economic and Social Council
resolution 1503 (XLVIII) and Sub-Commission resolutions 1 (XXIV)
and 2 (XXIV).
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Documentation:
Confidential report of the Working Group and supporting papers.
10. The administration of justice and the human rights of detainees:
(a) Question of human rights and states of emergency.
Legislative authority: Sub-Commission resolution 1993/28.
Documentation:
Annual report and list updated by the Special Rapporteur (para. 6
of resolution 1993/28).
(b) Individualization of prosecution and penalties, and
repercussions of violations of human rights on families.
Legislative authority: Commission on Human Rights
resolution 26 (XXXVI).
(c) The right to a fair trial.
Legislative authority: Sub-Commission resolution 1993/26.
Documentation:
Final report by the two Special Rapporteurs (para. 3 of
resolution 1993/26).
(d) Application of international standards concerning the human
rights of detained juveniles.
Legislative authority: Sub-Commission resolution 1993/27.
Documentation:
Report by the Secretary-General (para. 4 of resolution 1993/27).
11. Independence and impartiality of the judiciary, jurors and
assessors and the independence of lawyers.
Legislative authority: Sub-Commission resolution 1993/39.
12. Human rights and scientific and technological developments.
Legislative authority: Commission on Human Rights
resolution 1993/91 and Sub-Commission decision 1992/104.
13. Encouragement of universal acceptance of human rights instruments.
Legislative authority: Sub-Commission resolution 1992/1.
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Documentation:
(a) Note by the Secretary-General (para. 7);
(b) Report by a member of the Sub-Commission (para. 8).
14. International peace and security as an essential condition for the
enjoyment of human rights, above all the right to life.
Legislative authority: Sub-Commission resolution 1992/7.
Documentation:
Supplement to the working paper submitted by Mr. M.C. Bhandare
(para. 4).
15. Discrimination against indigenous peoples.
Legislative authority: Economic and Social Council
resolutions 1982/34 and 1989/77 and Sub-Commission
resolutions 1989/38, 1993/44 and 1993/46 and decisions 1992/110 and
1993/110.
Documentation:
(a) Preliminary report by the Special Rapporteur (para. 4 of
resolution 1993/44);
(b) Report of the Secretary-General (para. 3 of
resolution 1993/46);
(c) Second progress report by the Special Rapporteur
(decision 1993/110).
16. Contemporary forms of slavery.
Legislative authority: Economic and Social Council decisions 16
and 17 (LVI) and Sub-Commission resolutions 1989/41, 1993/5, 1993/7
and 1993/24.
Documentation:
(a) Report of the Working Group (resolution 1993/5);
(b) Report by the Special Rapporteur (para. 13 of
resolution 1993/5);
(c) Preliminary report of the Special Rapporteur (para. 2 of
resolution 1993/24).
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17. Promotion, protection and restoration of human rights at national,
regional and international levels:
(a) Prevention of discrimination and protection of children: human
rights and youth;
(b) Prevention of discrimination and protection of women;
(c) Human rights and disability.
Legislative authority: Commission on Human Rights
resolution 1985/13 and Sub-Commission resolution 1993/22.
Documentation:
Report of the Secretary-General (para. 2 of resolution 1992/22).
18. Protection of minorities.
Legislative authority: Sub-Commission resolutions 1989/44
and 1993/43.
Documentation:
Working paper by Mr. Eide (para. 14 of resolution 1993/43).
19. Freedom of movement:
(a) Situation of migrant workers and members of their families.
Legislative authority: Sub-Commission resolution 1993/21.
20. Implications of humanitarian activities for the enjoyment of human
rights.
Legislative authority: Sub-Commission resolution 1993/38.
Documentation:
Preliminary report by the Special Rapporteur (para. 4).
21. Consideration of the future work of the Sub-Commission and of the
draft provisional agenda for the forty-seventh session of the
Sub-Commission.
22. Adoption of the report of the forty-sixth session.
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XXII. ADOPTION OF THE REPORT ON THE FORTY-FIFTH SESSION
517. At the 36th meeting, on 27 August 1993, the Sub-Commission considered the
draft report on the work of its forty-fifth session.
518. At the same meeting, the Sub-Commission adopted the draft report and
decided to entrust the Rapporteur with its finalization.
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Annex I
AGENDA
1. Election of officers.
2. Adoption of the agenda.
3. Review of the work of the Sub-Commission.
4. Review of further developments in fields with which the Sub-Commission
has been concerned.
5. Elimination of racial discrimination:
(a) Measures to combat racism and racial discrimination and the role of
the Sub-Commission;
(b) Monitoring the transition to democracy in South Africa.
6. Question of the violation of human rights and fundamental freedoms,
including policies of racial discrimination and segregation and of
apartheid, in all countries, with particular reference to colonial and
other dependent countries and territories: report of the Sub-Commission
under Commission on Human Rights resolution 8 (XXIII).
7. The new international economic order and the promotion of human rights:
(a) The role and equal participation of women in development.
8. The realization of economic, social and cultural rights.
9. Communications concerning human rights: report of the Working Group
established under Sub-Commission resolution 2 (XXIV) in accordance with
Economic and Social Council resolution 1503 (XLVIII).
10. The administration of justice and the human rights of detainees:
(a) Question of the human rights of persons subjected to any form of
detention or imprisonment;
(b) Question of human rights and states of emergency;
(c) Individualization of prosecution and penalties, and repercussions
of violations of human rights on families;
(d) The right to a fair trial.
11. Independence and impartiality of the judiciary, jurors and assessors and
the independence of lawyers.
12. Human rights and disability.
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13. Elimination of all forms of intolerance and of discrimination based on
religion and belief.
14. Discrimination against indigenous peoples.
15. Contemporary forms of slavery.
16. Promotion, protection and restoration of human rights at national,
regional and international levels:
(a) Prevention of discrimination and protection of children: human
rights and youth;
(b) Prevention of discrimination and protection of women.
17. Protection of minorities.
18. Freedom of movement.
19. Implications of humanitarian activities for the enjoyment of human
rights.
20. Consideration of the future work of the Sub-Commission and of the draft
provisional agenda for the forty-sixth session of the Sub-Commission.
21. Adoption of the report on the forty-fifth session.
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Annex II
ATTENDANCE
Members and Alternates
Name Country of Term
nationality expires in**
Mr. Miguel Alfonso Martínez (Cuba) 1996
*Ms. Marianela Ferriol Echevarría
Mr. Awn Shawkat Al-Khasawneh (Jordan) 1994
*Mr. Waleed M. Sadi
Mrs. Judith Sefi Attah (Nigeria) 1994
*Mrs. Christy Ezim Mbonu
Mr. Marc Bossuyt (Belgium) 1996
*Mr. Guy Genot
Mr. Volodymyr Boutkevitch (Ukraine) 1996
*Mr. Olexandre Kouptchichine
Mrs. Linda Chavez (United States 1996
of America)
Mr. Stanislav V. Chernichenko (Russian 1994
*Mr. Teimuraz O. Ramishvili Federation)
Mrs. Erica-Irene A. Daes (Greece) 1994
Mr. Leandro Despouy (Argentina) 1994
*Mr. Juan Carlos Hitters
Mr. Asbjørn Eide (Norway) 1996
*Mr. Jan Helgesen
Mrs. Clemencia Forero Ucros (Colombia) 1996
*Mr. Jorge Orlando Melo
Mr. El Hadji Guissé (Senegal) 1994
*Mr. Ndary Toure
* Alternate
** Term of office expires upon election of members of the Sub-Commission
at the fiftieth (1994) or fifty-second (1996) session of the Commission on
Human Rights.
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Name Country of Term
nationality expires in**
Mr. Maksum-Ul-Hakim (Bangladesh) 1996
*Mr. Tofazzal Hossain Khan
Mr. Ribot Hatano (Japan) 1996
*Mr. Yozo Yokota
Mr. Claude Heller (Mexico) 1994
*Mr. Héctor Fix Zamudio
Mr. Louis Joinet (France) 1994
*Mr. Alain Pellet
Mr. Ahmed Khalifa (Egypt) 1996
*Mr. Ahmed Khalil
Mrs. Fatma Zohra Ksentini (Algeria) 1994
*Ms. Farida Aiouaze
Mr. Ioan Maxim (Romania) 1996
*Mr. Petru Pavel Gavrilescu
Mrs. Claire Palley (United Kingdom of 1994
*Mr. John Merrills Great Britain and
Northern Ireland)
Mr. Saïd Naceur Ramadhane (Tunisia) 1996
*Mr. Abdelfettah Amor
Mr. Gilberto Vergne Saboia (Brazil) 1994
*Ms. Marílla S. Zelner Gonçalves
Mr. Rajindar Sachar (India) 1994
Mr. Tian Jin (China) 1994
Mrs. Halima Embarek Warzazi (Morocco) 1996
*Mr. Mohamed Benkaddour
Mr. Fisseha Yimer (Ethiopia) 1996
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States Members of the United Nations represented by observers
Albania, Argentina, Armenia, Australia, Austria, Bahrain, Bangladesh, Belgium,
Bhutan, Brazil, Bolivia, Bulgaria, Cameroon, Canada, Chile, China, Colombia,
Costa Rica, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of
Korea, Denmark, Dominica, Egypt, El Salvador, Equatorial Guinea, Estonia,
Ethiopia, Finland, France, Germany, Greece, Guatemala, Haiti, Honduras,
Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Israel,
Italy, Japan, Kenya, Kuwait, Latvia, Lebanon, Lithuania, Malaysia, Mauritania,
Mexico, Morocco, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria,
Norway, Oman, Pakistan, Peru, Philippines, Poland, Portugal, Republic of
Korea, Romania, Russian Federation, Slovak Republic, Somalia, Sri Lanka,
Sudan, Sweden, Syrian Arab Republic, Thailand, the former Yugoslav Republic of
Macedonia, Tunisia, Turkey, United Kingdom of Great Britain and
Northern Ireland, United Republic of Tanzania, United States of America,
Ukraine, Uruguay, Venezuela, Viet Nam, Zimbabwe.
Non-member States represented by observers
Holy See, Switzerland.
United Nations
United Nations Compensation Commission, United Nations Office at Vienna,
United Nations Development Programme, United Nations Population Fund,
United Nations High Commissioner for Refugees.
Specialized agencies
International Labour Organisation, United Nations Educational, Scientific
and Cultural Organization, World Health Organization, International Monetary
Fund.
Intergovernmental organizations
Agence de Cooperation Culturelle et Technique, Commission of the European
Communities, Commonwealth Secretariat, International Organization for
Migration, League of Arab States, Organisation for Economic Co-operation
and Development, Organization of African Unity, Organisation of the
Islamic Conference.
National liberation movements
African National Congress, Palestine, Pan Africanist Congress
of Azania.
Other organizations
International Committee of the Red Cross.
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Non-governmental organizations
Category I
International Alliance of Women, International Confederation of Free Trade
Unions, International Council of Women, International Council on Social
Welfare, International Movement ATD Fourth World, International Youth and
Student Movement for the United Nations, Inter-Parliamentary Union,
Soroptimist International, World Confederation of Labour, World Federation of
Trade Unions, World Federation of United Nations Associations, World Muslim
Congress, Zonta International.
Category II
African Association of Education for Development, Afro-Asian People’s
Solidarity Organization, All India Women’s Conference, American Association of
Jurists, Amnesty International, Andean Commission of Jurists, Anti-Slavery
International for the Protection of Human Rights, Arab Lawyers Union,
Arab Organization for Human Rights, Baha’i International Community, Caritas
Internationalis, Commission of the Churches on International Affairs of the
World Council of Churches, Consultative Council of Jewish Organisations,
Coordinating Board of Jewish Organisations, Defence for Children
International, Disabled Peoples’ International, France-Libertés - Fondation
Danielle Mitterand, Friends World Committee for Consultation, Global Education
Associates, Human Rights Advocates, Human Rights Internet, Indigenous World
Association, International Abolitionist Federation, International Association
against Torture, International Association for the Defence of Religious
Liberty, International Association of Democratic Lawyers, International
Association of Educators for World Peace, International Association of Penal
Law, International Catholic Child Bureau, International Centre of
Sociological, Penal and Penitentiary Research and Studies, International
Commission of Jurists, International Council of Environmental Law,
International Council of Jewish Women, International Federation of
Human Rights, International Federation of Social Workers, International
Federation of Women in Legal Careers, International Federation Terre des
Hommes, International Fellowship of Reconciliation, International Indian
Treaty Council, International Institute of Humanitarian Law, International
League for Human Rights, International League for the Rights and Liberation
of Peoples, International Organization for the Development of Freedom of
Education, International Organisation for the Elimination of all Forms of
Racial Discrimination, International Organization of Indigenous Resource
Development, International Service for Human Rights, International Union of
Latin Notariat, International Union of Lawyers, International Work Group for
Indigenous Affairs, Latin American Federation of Associations of Relatives of
Disappeared Detainees, Law Association for Asia and the Pacific, National
Aboriginal and Islander Legal Service Secretariat, National Council of
German Women’s Organizations, Oxfam, Pax Christi International, Pax Romana,
Robert F. Kennedy Memorial Center for Human Rights, Service Peace and Justice
in Latin America, Sierra Club Legal Defense Fund, Inc., Union of Arab Jurists,
Women’s International League for Peace and Freedom, Women’s International
Zionist Organization, World Alliance of Young Men’s Christian Associations,
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World Conference on Religion and Peace, World Federation for Mental Health,
World Federation of Methodist Women, World Jewish Congress, World Society of
Victimology, World Student Christian Federation, World University Service.
Roster
Article XIX: The International Centre Against Censorship, Centre Europe -
Tiers Monde, Christian Solidarity International, Habitat International
Coalition, Humanitarian Law Project, Indian Council of South America, Indian
Law Resource Centre, International Educational Development Inc., International
Falcon Movement - Socialist Educational International, International
Federation Action of Christians for the Abolition of Torture, International
Federation for the Protection of the Rights of Ethnic, Religious, Linguistic
and Other Minorities, International Humanist and Ethical Union, International
Human Rights Internship Program, International Lesbian and Gay Association,
International Movement against all Forms of Discrimination and Racism,
International Peace Bureau, International P.E.N., International Progress
Organization, International Theater Institute, Liberation, Minority Rights
Group, Movement against Racism and for Friendship among Peoples, Saami
Council, Planetary Citizens, Survival for Tribal Peoples, Third World Movement
against the Exploitation of Women, World Association for the School as an
Instrument of Peace, World Organization against Torture.
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Annex III
ADMINISTRATIVE AND PROGRAMME BUDGET IMPLICATIONS OF RESOLUTIONS AND
DECISIONS ADOPTED BY THE SUB-COMMISSION AT ITS FORTY-FIFTH SESSION
1. Statement on estimates of the programme budget implications for perennial
activities resulting from mandates of the Economic and Social Council were not
submitted, since provisions for such activities are included in the proposed
programme budget for 1994-1995 (A/48/6).
2. In all other cases, a statement on an estimate of the programme budget
implications of implementing the draft resolution was made by a representative
of the Secretary-General, in accordance with rule 28 of the rules of procedure
of the functional commissions of the Economic and Social Council.
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Annex IV
SUB-COMMISSION RESOLUTIONS REFERRING TO MATTERS WHICH
ARE DRAWN TO THE COMMISSION’S ATTENTION
1993/2
Elimination of all forms of intolerance and of discrimination based on
religion and belief, paragraphs 4 and 5
1993/5
Report of the Working Group on Contemporary Forms of Slavery,
paragraphs 8, 17, 26, 39, 43, 44
1993/14
Situation of human rights in the Islamic Republic of Iran, paragraphs 5, 7
1993/19
Situation in Myanmar, paragraph 3
1993/20
Situation of human rights in Iraq, paragraph 6
1993/22
Questions of the human rights of disabled persons, paragraphs 1, 2
1993/27
Application of international standards concerning the human rights of detained
juveniles, paragraph 4
1993/29
Study concerning the right to restitution, compensation and rehabilitation for
victims of gross violations of human rights and fundamental freedoms,
paragraph 3, 4
1993/31
Discrimination in the context of human immunodeficiency virus (HIV) or
acquired immunodeficiency syndrome (AIDS), paragraph 4
1993/41
Forced evictions, paragraph 6
1993/43
Protection of minorities, paragraph 6, 12
1993/46
Draft United Nations declaration on the rights of indigenous peoples,
paragraph 4
Annex V
A. LIST OF STUDIES AND REPORTS COMPLETED AT THE FORTY-FIFTH SESSION OF THE SUB-COMMISSION
Item Title Entrusted to Legislative authority
4 Final report on the right to restitution,
compensation and rehabilitation for victims of
gross violations of human rights and
fundamental freedoms
Mr. van Boven Sub-Commission resolution 1992/32 and Commission
on Human Rights decision 1993/107
4 Final report on problems and causes of
discrimination against HIV-infected people or
people with AIDS
Mr. Varela Quiros Sub-Commission decision 1992/108 and Commission
on Human Rights resolution 1993/53
11 Report on practices and measures which have
served to strengthen or to weaken the
independence of the judiciary and the legal
profession
Mr. Joinet Sub-Commission resolution 1992/38 and Commission
on Human Rights resolution 1993/44
15 Final study on measures to strengthen respect
for the cultural property of indigenous peoples
Mrs. Daes Sub-Commission resolution 1992/35
18 Possible ways and means of facilitating the
peaceful solution of problems involving
minorities
Mr. Eide Sub-Commission resolution 1992/37
B. LIST OF STUDIES AND REPORTS UNDER PREPARATION BY MEMBERS IN ACCORDANCE WITH EXISTING LEGISLATIVE AUTHORITY a/
Item Title Status Entrusted to Legislative authority First submission Final submission
4 Elimination of harmful
traditional practices affecting
the health of women and
children
Plan of
action
Mrs. Warzazi ECOSOC decision
1992/251
Sub-Commission
resolution 1993/33
Forty-first session of the
Sub-Commission
The forty-sixth session
of the Sub-Commission
4 Human rights and the
environment
Final report Mrs. Ksentini Sub-Commission
resolution 1993/32
Forty-fourth session of
the Sub-Commission
Forty-sixth session of
the Sub-Commission
4 Recognition of gross and
large-scale violations as an
international crime
Report Mr. Chernichenko Sub-Commission
resolution 1993/30 b/
Forty-sixth session of
the Sub-Commission
Forty-eighth session of
the Sub-Commission
5 (b) Transition to democracy in
South Africa
Second
report
Mrs. Attah Sub-Commission
resolution 1993/1 and
Commission on Human
Rights resolution
1993/19
Forty-fifth session of the
Sub-Commission
Item Title Status Entrusted to Legislative authority First submission Final submission
8 The right to adequate
housing
Second
progress
report
Mr. Sachar Sub-Commission
resolution 1993/36 and
Commission on Human
Rights decision
1993/103
Forty-fifth session of the
Sub-Commission
Forty-seventh
session of the
Sub-Commission
8 Human rights and extreme
poverty
Second
progress
report
Mr Despouy Sub-Commission
resolution 1993/35
Forty-fifth session of the
Sub-Commission
Forty-seventh
session of the
Sub-Commission
8 Human rights dimensions of
population transfer
Progress
report
Mr. Al-Khasawneh Sub-Commission
resolution 1993/34
Forty-fifth session of the
Sub-Commission
Forty-seventh
session of the
Sub-Commission
8 Human Rights and income
distribution
Preparatory
document
Mr. Eide Sub-Commission
resolution 1993/40 b/
Forty-sixth session of
the Sub-Commission
10 The right to a fair trial Final report Messrs. Chernichenko and
Treat
Sub-Commission
resolution 1993/26
Forty-second session of
the Sub-Commission
Forty-sixth session
of the
Sub-Commission
Item Title Status Entrusted to Legislative authority First submission Final submission
10 List of countries which
proclaim, extend or terminate,
a state of emergency
Annual
updated report
Mr. Despouy Sub-Commission
resolution 1993/28
Thirty-eighth session of
the Sub-Commission
10 The question of the impunity
of perpetrators of violations of
human rights
Report Messrs. Guissé and Joinet Sub-Commission
resolution 1993/37
Forty-fifth session of the
Sub-Commission
Forty-seventh
session of the
Sub-Commission
10 Privatization of prisons Special study A member of the
Sub-Commission
Sub-Commission
decision 1993/109 b/
Forty-sixth session of
the Sub-Commission
14 Peace and security as an
essential condition for
enjoyment of human rights
Supplement to
working paper
Mr. Bhandare Sub-Commission
resolution 1992/7
Forty-third session of the
Sub-Commission
Forty-sixth session
of the
Sub-Commission
15 Draft principles and
guidelines for the protection
of the heritage of the
indigenous peoples
Preliminary
report
Mrs. Daes Sub-Commission
resolution 1993/44 b/
Forty-sixth session of
the Sub-Commission
Forty-eighth
session of the
Sub-Commission
15 Treaties, agreements and
other constructive
agreements between States
and indigenous peoples
Second
progress
report
Mr. Alfonso Martínez Sub-Commission
decision 1993/110
Forty-third session of the
Sub-Commission
Forty-sixth session
of the
Sub-Commission
16 Exploitation of child labour
and debt bondage
Report Mrs. Warzazi Sub-Commission
resolution 1993/5 b/
Forty-sixth session of
the Sub-Commission
Forty-seventh
session of the
Sub-Commission
Item Title Status Entrusted to Legislative authority First submission Final submission
16 In-depth study on systematic
rape, sexual slavery and
slavery-like practices during
wartime, including in
particular internal armed
conflict
Preliminary
report
Mrs. Chavez Sub-Commission
resolution 1993/24 b/
Forty-sixth session of
the Sub-Commission
Forty-eighth
session of the
Sub-Commission
18 Programme for the prevention
of discrimination and
protection of minorities
Working paper Mr. Eide Sub-Commission
resolution 1993/43 b/
Forty-sixth session of
the Sub-Commission
20 Question of the implications
for human rights of United
Nations actions, including
humanitarian assistance, in
addressing international
humanitarian problems and in
the promotion and protection
of human rights
Preliminary
report
Mrs. Palley Sub-Commission
resolution 1993/38 b/
Forty-sixth session of
the Sub-Commission
Forty-eighth
session of the
Sub-Commission
a/ This list has been prepared in accordance with Commission on Human Rights resolution 1982/23.
b/ Subject to approval/endorsement by the Commission on Human Rights and/or the Economic and Social Council.
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 191
Annex VI
LIST OF DOCUMENTS ISSUED FOR THE FORTY-FIFTH SESSION
OF THE SUB-COMMISSION
Documents issued in the general series
Symbol Agenda
item
E/CN.4/Sub.2/1993/1 Provisional agenda: note by the
Secretary-General
E/CN.4/Sub.2/1993/1/Add.1 Annotations to the provisional agenda
prepared by the Secretary-General
E/CN.4/Sub.2/1993/1/Rev.1 Agenda: note by the
Secretary-General
E/CN.4/Sub.2/1993/2 4 Note by the Secretary-General
E/CN.4/Sub.2/1993/3 4 Memorandum submitted by the
International Labour Office
E/CN.4/Sub.2/1993/4 4 Report submitted by the
United Nations Educational Scientific
and Cultural Organization: UNESCO
activities concerning promoting and
protecting the rights of persons
belonging to national or ethnic,
religious and linguistic minorities
E/CN.4/Sub.2/1993/5 Not issued
E/CN.4/Sub.2/1993/6 4 Progress report on the question of
the impunity of perpretrators of
human rights violations, prepared by
Mr. Guissé and Mr. Joinet, pursuant
to Sub-Commission resolution 1992/23
E/CN.4/Sub.2/1993/7 4 Human rights and the environment:
second progress report prepared by
Mrs. Fatma Zohra Ksentini, Special
Rapporteur
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 192
Documents issued in the general series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/8 4 Study concerning the right to
restitution, compensation and
rehabilitation for victims of gross
violations of human rights and
fundamental freedoms: final report
submitted by Mr. Theo van Boven,
Special Rapporteur
E/CN.4/Sub.2/1993/9 4 Discrimination against HIV-infected
people or people with AIDS:
conclusions and recommendations:
final report submitted by
Mr. Luis Varela Quirós, Special
Rapporteur
E/CN.4/Sub.2/1993/10 4 Definition of gross and large-scale
and Corr.1 violations of human rights as
an international crime: working
paper submitted by
Mr. Stanislav Chernichenko in
accordance with Sub-Commission
decision 1992/109
E/CN.4/Sub.2/1993/11 5 (b) Preliminary report on monitoring the
transition to democracy in
South Africa, submitted
by Mrs. Judith Sefi Attah, Special
Rapporteur, pursuant to
Sub-Commission resolution 1992/6
E/CN.4/Sub.2/1993/12 6 Note by the Secretary-General
E/CN.4/Sub.2/1993/13 6 Note by the Secretary-General
E/CN.4/Sub.2/1993/14 6 Situation in East Timor: note by the
secretariat
E/CN.4/Sub.2/1993/15 8 The right to adequate housing:
progress report submitted by
Mr. Rajindar Sachar, Special
Rapporteur appointed pursuant to
resolution 1992/26 of
the Sub-Commission on Prevention of
Discrimination and Protection of
Minorities and decision 1993/103 of
the Commission on Human Rights
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 193
Documents issued in the general series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/16 8 Preliminary report on human rights
and extreme poverty, prepared by
Mr. Leandro Despouy, Special
Rapporteur appointed in accordance
with resolution 1992/27 of the Sub-
Commission on Prevention of
Discrimination and Protection of
Minorities and resolution 1993/13 of
the Commission on Human Rights
E/CN.4/Sub.2/1993/17 8 The human rights dimensions of
and Corr.1 population transfer, including the
implantation of settlers:
preliminary report prepared by
Mr. A.S. Al-Khasawneh
and Mr. R. Hatano
E/CN.4/Sub.2/1993/18 8 Report of the Secretary-General,
and Add.1 prepared pursuant to Sub-Commission
resolution 1992/29
E/CN.4/Sub.2/1993/19 10 (a) Note by the Secretary-General
concerning the submission of
information pursuant
to Sub-Commission
resolution 7 (XXVII)
of 20 August 1974
E/CN.4/Sub.2/1993/20 10 (a) Application of international
standards concerning the human
rights of detained juveniles: note
by the Secretary-General pursuant to
Sub-Commission resolution 1992/25 and
Commission on Human Rights
resolution 1993/80
E/CN.4/Sub.2/1993/21 10 (a) The possible utility, scope and
structure of a special study on the
issue of privatization of prisons:
outline prepared by Mrs. Claire
Palley pursuant to Sub-Commission
decision 1992/107
E/CN.4/Sub.2/1993/22 10 (a) Report of the Working Group
and Corr.1 on Detention
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 194
Documents issued in the general series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/23 10 (b) Sixth annual report and list of
States which, since 1 January 1985,
have proclaimed, extended or
terminated a state of emergency,
presented by Mr. Leandro Despouy,
Special Rapporteur appointed pursuant
to Economic and Social Council
resolution 1985/37
E/CN.4/Sub.2/1993/24 10 (d) The right to a fair trial: current
and Add.1-2 recognition and measures necessary
for its strengthening: fourth report
prepared by Mr. Stanislav
Chernichenko and Mr. William Treat
E/CN.4/Sub.2/1993/25 11 Report on the independence
and Add.1 of the judiciary and the protection
of practising lawyers, prepared by
Mr. Louis Joinet pursuant to
Sub-Commission resolution 1992/38
E/CN.4/Sub.2/1993/26 14 Draft declaration on the rights
and Add.1 of indigenous peoples: revised
working paper submitted by the
Chairperson-Rapporteur,
Mrs. Erica-Irene Daes, pursuant to
Sub-Commission resolution 1992/33 and
Commission on Human Rights
resolution 1993/31
E/CN.4/Sub.2/1993/27 Not issued
E/CN.4/Sub.2/1993/28 14 Study on the protection of the
cultural and intellectual property of
indigenous peoples, by
Mrs. Erica-Irene Daes, Special
Rapporteur of the Sub-Commission
on Prevention of Discrimination and
Protection of Minorities and
Chairperson of the Working Group on
Indigenous Populations
E/CN.4/Sub.2/1993/29 14 Report of the Working Group
and Add.1-2 on Indigenous Populations on its
eleventh session
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 195
Documents issued in the general series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/30 15 Report of the Working Group on
Contemporary Forms of Slavery on its
eighteenth session
E/CN.4/Sub.2/1993/31 15 Programme of Action for the
and Add.1 Prevention of the Sale of Children,
Child Prostitution and Child
Pornography: report of the Working
Group on Contemporary Forms
of Slavery pursuant to paragraph 6 of
Sub-Commission resolution 1992/2
E/CN.4/Sub.2/1993/32 15 Note by the Secretary-General
pursuant to Sub-Commission
resolution 1992/3
E/CN.4/Sub.2/1993/33 16 (b) Note by the Secretary-General
prepared pursuant to Sub-Commission
resolution 1992/4
E/CN.4/Sub.2/1993/34 17 Possible ways and means
and Add.1-4 of facilitating the peaceful and
constructive solution of problems
involving minorities: report
submitted by Mr. Asbjørn Eide
E/CN.4/Sub.2/1993/35 15 Note by the Secretary-General
pursuant to Sub-Commission
resolution 1992/2
E/CN.4/Sub.2/1993/36 8 Letter dated 18 May 1993 from the
Permanent Mission of the Republic of
Iraq to the United Nations Office at
Geneva addressed to the Assistant
Secretary-General for Human Rights
E/CN.4/Sub.2/1993/37 6 Letter dated 26 July 1993 from the
Permanent Representative of Peru to
the United Nations Office at Geneva
addressed to the Centre for Human
Rights
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 196
Documents issued in the general series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/38 5 (a) Letter dated 4 August 1993 from the
Chairman of the forty-fifth session
of the Sub-Commission on Prevention
of Discrimination and Protection of
Minorities addressed to the President
of Bosnia and Herzegovina, the
Co-Chairmen of the Steering Committee
of the International Conference on
the Former Yugoslavia and the
Secretary-General of the
United Nations
E/CN.4/Sub.2/1993/39 4 and 19 Preparatory document submitted by
Mrs. Claire Palley on the question of
the role of the United Nations in
international humanitarian activities
and assistance and human rights
enforcement, bearing in mind the
principle of non-interference
E/CN.4/Sub.2/1993/40 10 Letter dated 18 August 1993 from the
Chairman of the forty-fifth session
of the Sub-Commission on Prevention
of Discrimination and Protection of
Minorities addressed to the Chargé
d’Affaires, Permanent Mission of the
United States of America to the
United Nations and other
international organizations at Geneva
E/CN.4/Sub.2/1993/41 10 Letter dated 20 August 1993 from the
Chargé d’Affaires ad interim,
Permanent Mission of the
United States of America to the
United Nations and other
international organizations at
Geneva, addressed to the Chairman of
the forty-fifth session of the Sub-
Commission on Prevention of
Discrimination and Protection of
Minorities
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 197
Documents issued in the general series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/42 10 Letter dated 25 August 1993 from the
Chargé d’Affaires ad interim,
Permanent Mission of the
United States of America to the
United Nations and other
international organizations at
Geneva, addressed to the Chairman of
the forty-fifth session of the
Sub-Commission on Prevention of
Discrimination and Protection of
Minorities
E/CN.4/Sub.2/1993/43 14 Letter dated 24 August 1993 from the
Permanent Representative of Peru to
the United Nations and other
international organizations at Geneva
addressed to the Chairman of the
forty-fifth session of the
Sub-Commission on Prevention of
Discrimination and Protection of
Minorities
E/CN.4/Sub.2/1993/44 15 Preparatory document submitted by
Mrs. Linda Chavez on the question of
systematic rape, sexual slavery and
slavery-like practices during wartime
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 198
Documents issued in the limited series
Symbol Agenda
item
E/CN.4/Sub.2/1993/L.1 20 Note by the Secretary-General: draft
provisional agenda for the
forty-sixth session of the
Sub-Commission
E/CN.4/Sub.2/1993/L.2 5 (b) Mr. Alfonso Martínez,
Mr. Boutkevitch, Ms. Chavez,
Mr. Chernichenko, Mrs. Daes,
Mr. Eide, Mrs. Forero Ucros,
Mr. Genot, Mr. Guissé, Mr. Hakim,
Mr. Hatano, Mr. Heller, Mr. Khalifa,
Mrs. Mbonu, Mrs. Palley, Mr. Sachar,
Mr. Tian Jin, Mrs. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/Sub.2/1993/L.3 5 (a) Mr. Alfonso Martínez, Mr. Eide,
Mr. Hakim, Mr. Heller, Mr. Khalil,
Mrs. Ksentini, Mr. Tian Jin,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.4 13 Mr. Eide, Mrs. Forero Ucros,
Mr. Guissé, Mr. Ramadhane,
Mr. Saboia, Mrs. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/Sub.2/1993/L.5 3 Mr. Eide, Mr. Maxim and Mr. Yimer:
draft resolution
E/CN.4/Sub.2/1993/L.6 6 Mr. Bossuyt, Mr. Eide, Mr. Hatano,
Mrs. Palley, Mr. Ramadhane,
Mr. Sachar and Mrs. Warzazi: draft
resolution
E/CN.4/Sub.2/1993/L.7 15 Ms. Chavez, Mr. Eide, Ms. Ferriol
Echevarría, Mr. Hakim, Mrs. Ksentini,
Mr. Maxim, Mr. Ramadhane,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.8 10 (a) Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevitch, Ms. Chavez,
Mrs. Daes, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hatano, Mr. Heller,
Mr. Joinet, Mr. Maxim, Mrs. Palley,
Mr. Sachar and Mr. Yimer: draft
resolution
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 199
Documents issued in the limited series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/L.9 17 Mrs. Attah, Mr. Boutkevitch,
Ms. Chavez, Mr. Chernichenko,
Mrs. Daes, Mr. Despouy, Mr. Eide,
Mrs. Forero Ucros, Mr. Guissé,
Mr. Hakim, Mr. Hatano, Mr. Heller,
Mr. Joinet, Mr. Khalifa,
Mrs. Ksentini, Mr. Maxim,
Mrs. Palley, Mr. Ramadhane,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.10 21 Draft report of the Sub-Commission on
and Add. 1-17 Prevention of Discrimination and
Protection of Minorities on its
forty-fifth session
E/CN.4/Sub.2/1993/L.11 21 Draft report of the Sub-Commission on
and Add. 1-3 Prevention of Discrimination and
Protection of Minorities on its
forty-fifth session
E/CN.4/Sub.2/1993/L.12/Rev.1 15 Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevitch, Mrs. Daes, Mr. Eide,
Mr. Hatano, Mrs. Ksentini,
Mrs. Palley, Mrs. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/Sub.2/1993/L.13 15 Ms. Chavez, Mr. Guissé, Mrs. Palley
and Mrs. Warzazi: draft resolution
E/CN.4/Sub.2/1993/L.14 15 Mr. Boutkevitch, Ms. Chavez,
Mr. Chernichenko, Mr. Hakim,
Mr. Joinet, Mrs. Ksentini, Mr. Maxim,
Mrs. Palley, Mr. Ramadhane,
Mr. Sachar, Mrs. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 200
Documents issued in the limited series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/L.15 6 Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hatano, Mr. Joinet,
Mr. Khalil, Mrs. Ksentini,
Mrs. Palley, Mr. Ramadhane,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.16 6 Mr. Bossuyt, Mr. Boutkevitch,
Mr. Chernichenko, Mr. Despouy,
Mr. Eide, Mr. Guissé, Mr. Hatano,
Mr. Joinet and Mrs. Palley: draft
resolution
E/CN.4/Sub.2/1993/L.17 6 Mr. Alfonso Martínez, Mr. Khalil,
Mrs. Ksentini and Mr. Ramadhane:
draft resolution
E/CN.4/Sub.2/1993/L.18 6 Mrs. Attah, Mr. Boutkevitch,
Mr. Guissé, Mr. Hakim, Mr. Hatano,
Mr. Heller, Mr. Khalil,
Mrs. Ksentini, Mr. Ramadhane,
Mr. Sachar, Mr. Tian Jin,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.19 6 Mr. Bossuyt, Mr. Boutkevitch,
Mr. Chernichenko, Mr. Eide,
Mr. Joinet and Mrs. Palley: draft
resolution
E/CN.4/Sub.2/1993/L.20 6 Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Eide and Mrs. Palley:
draft resolution
E/CN.4/Sub.2/1993/L.21 10 Mr. Boutkevitch, Ms. Chavez, Mr. Eide
and Mrs. Palley: draft resolution
E/CN.4/Sub.2/1993/L.22 6 Mr. Hakim, Mr. Heller, Mr. Khalil,
Mrs. Ksentini, Mrs. Palley and
Mr. Ramadhane: draft resolution
E/CN.4/Sub.2/1993/L.23 6 Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Eide and Mrs. Palley:
draft resolution
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 201
Documents issued in the limited series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/L.24 6 Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Chernichenko,
Mr. Eide, Mr. Joinet, Mrs. Palley and
Mr. Sachar: draft resolution
E/CN.4/Sub.2/1993/L.25 18 Mr. Alfonso-Martínez, Mrs. Attah,
Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hakim, Mr. Hatano,
Mr. Heller, Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mr. Maxim,
Mr. Merrills, Mr. Ramadhane,
Mr. Saboia, Mr. Sachar, Mr. Tian Jin,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.26 6 Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Eide and Mrs. Palley:
draft resolution
E/CN.4/Sub.2/1993/L.27 6 Mr. Bossuyt, Ms. Chavez, Mr. Eide and
Mr. Joinet: draft resolution
E/CN.4/Sub.2/1993/L.28 6 Mr. Alfonso Martínez, Mrs. Attah,
Mr. Bossuyt, Mr. Boutkevitch,
Mr. Chernichenko, Mr. Despouy,
Mr. Eide, Mr. Guissé, Mr. Hakim,
Mr. Heller, Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mr. Merrills,
Mr. Ramadhane, Mr. Saboia,
Mr. Sachar, Mrs. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/Sub.2/1993/L.29 12 Mr. Bossuyt, Mrs. Daes, Mr. Despouy,
Mr. Eide and Mr. Guissé: draft
resolution
E/CN.4/Sub.2/1993/L.30 6 Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevitch, Ms. Chavez,
Mrs. Daes, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hakim, Mr. Hatano,
Mr. Heller, Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mr. Maxim,
Mr. Merrills, Mr. Ramadhane,
Mr. Sachar, Mrs. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 202
Documents issued in the limited series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/L.31 6 Mr. Despouy and Mr. Eide: draft
resolution
E/CN.4/Sub.2/1993/L.32 4 Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevitch, Ms. Chavez,
Mrs. Daes, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hakim, Mr. Khalil,
Mrs. Palley, Mr. Ramadhane,
Mr. Sachar, Mrs. Warzazi, Mr. Yimer
and Mr. Yokota: draft resolution
E/CN.4/Sub.2/1993/L.33 10 (d) Mr. Alfonso Martínez, Mrs. Attah,
Mr. Boutkevitch, Ms. Chavez,
Mrs. Daes, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hatano, Mr. Khalil,
Mrs. Palley, Mr. Saboia, Mr. Sachar,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.34 8 Mr. Alfonso Martínez, Mrs. Attah,
Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Chernichenko,
Mr. Despouy, Mr. Eide, Mr. Guissé,
Mr. Hakim, Mr. Hatano, Mr. Heller,
Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mr. Maxim,
Mrs. Palley, Mr. Ramadhane,
Mr. Saboia, Mr. Sachar, Mrs. Warzazi
and Mr. Yimer: draft resolution
E/CN.4/Sub.2/1993/L.35 10 Mr. Despouy, Mr. Joinet and
Mrs. Ksentini: draft resolution
E/CN.4/Sub.2/1993/L.36 19 Mrs. Daes, Mr. Eide, Mrs. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/Sub.2/1993/L.37 6 Mr. Despouy, Mrs. Forero Ucros,
Mr. Heller and Mr. Saboia: draft
resolution
E/CN.4/Sub.2/1993/L.38 4 Mrs. Attah, Mr. Boutkevitch,
Ms. Chavez, Mrs. Daes, Mr. Eide,
Mr. Heller, Mr. Khalil, Mr. Ramadhane
and Mr. Yokota: draft resolution
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
page 203
Documents issued in the limited series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/L.39 17 Mrs. Attah, Mr. Bossuyt,
Mr. Boutkevitch, Ms. Chavez,
Mr. Chernichenko, Mrs. Daes,
Mr. Despouy, Mrs. Forero Ucros,
Mr. Guissé, Mr. Hakim, Mr. Heller,
Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mr. Maxim,
Mrs. Palley, Mr. Ramadhane,
Mr. Saboia, Mr. Sachar, Mr. Yimer and
Mr. Yokota: draft resolution
E/CN.4/Sub.2/1993/L.40 4 Mrs. Attah, Mr. Despouy, Mr. Eide,
Mr. Guissé, Mr. Hakim, Mr. Heller,
Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mrs. Palley,
Mr. Ramadhane, Mr. Saboia,
Mr. Sachar, Mrs. Warzazi, Mr. Yimer
and Mr. Yokota: draft resolution
E/CN.4/Sub.2/1993/L.41 4 Mr. Alfonso Martínez, Mrs. Attah,
Mr. Boutkevitch, Mr. Chernichenko,
Mrs. Daes, Mr. Despouy, Mr. Eide,
Mrs. Forero Ucros, Mr. Hakim,
Mr. Hatano, Mr. Heller, Mr. Joinet,
Mr. Khalil, Mrs. Palley,
Mr. Ramadhane, Mr. Saboia,
Mr. Sachar, Mr. Tian Jin,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.42 7 Mrs. Attah, Mr. Khalil, Mrs. Ksentini
and Mr. Ramadhane: draft resolution
E/CN.4/Sub.2/1993/L.43 8 Mr. Alfonso Martínez, Mrs. Attah,
Mr. Bossuyt, Mr. Despouy, Mr. Eide,
Mrs. Forero Ucros, Mr. Guissé,
Mr. Hakim, Mr. Hatano, Mr. Heller,
Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mrs. Palley,
Mr. Ramadhane, Mr. Saboia,
Mr. Sachar, Mr. Tian Jin and
Mr. Yimer: draft resolution
E/CN.4/1994/2
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(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/L.44 10 Mr. Alfonso Martínez,
Mr. Boutkevitch, Ms. Chavez,
Mr. Guissé and Mr. Sachar: draft
resolution
E/CN.4/Sub.2/1993/L.45 8 Mr. Alfonso Martínez, Mrs. Attah,
Mr. Boutkevitch, Mr. Chernichenko,
Mrs. Daes, Mr. Despouy, Mr. Eide,
Mrs. Forero Ucros, Mr. Guissé,
Mr. Hakim, Mr. Hatano, Mr. Heller,
Mr. Joinet, Mr. Khalil,
Mrs. Ksentini, Mr. Maxim,
Mrs. Palley, Mr. Ramadhane,
Mr. Saboia, Mr. Tian Jin,
Mrs. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.46 10 (b) Mr. Alfonso Martínez, Mr. Bossuyt,
Mrs. Daes, Mr. Despouy, Mr. Eide,
Mrs. Forero Ucros, Mr. Guissé,
Mr. Hakim, Mr. Hatano, Mr. Joinet,
Mr. Khalil, Mr. Ramadhane,
Mr. Saboia, Mr. Sachar and
Mrs. Warzazi: draft resolution
E/CN.4/Sub.2/1993/L.47 14 Mr. Alfonso Martínez: draft
resolution
E/CN.4/Sub.2/1993/L.48 8 Mrs. Attah, Mrs. Daes, Mrs. Forero
Ucros, Mr. Guissé, Mr. Ramadhane,
Mr. Saboia and Mr. Sachar: draft
resolution
E/CN.4/Sub.2/1993/L.49 8 Mrs. Daes, Mr. Eide, Mrs. Palley,
Mr. Saboia and Mr. Sachar: draft
resolution
E/CN.4/Sub.2/1993/L.50 4 Mrs. Attah, Mr. Bossuyt, Mrs. Daes,
Mr. Despouy, Mr. Eide,
Mrs. Forero Ucros, Mr. Hakim,
Mr. Khalil and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1993/L.51 4 Mr. Despouy, Mr. Eide, Mr. Khalil and
Mr. Yokota: draft resolution
E/CN.4/1994/2
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(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/L.52 11 Mr. Despouy, Mr. Eide, Mr. Guissé,
Mr. Khalil and Mr. Yokota: draft
resolution
E/CN.4/Sub.2/1993/L.53 14 Mrs. Warzazi: draft resolution
E/CN.4/Sub.2/1993/L.54/Rev.1 14 Amendments submitted by Mrs. Daes to
draft resolution
E/CN.4/Sub.2/1993/L.47
E/CN.4/Sub.2/1993/L.55 14 Mr. Alfonso Martínez, Mrs. Attah,
Mr. Boutkevitch, Mrs. Daes and
Mr. Yokota: draft decision
E/CN.4/Sub.2/1993/L.56 14 Mrs. Daes: draft resolution
E/CN.4/1994/2
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Documents issued in the non-governmental organizations series (issued in
English, French and Spanish only)
Symbol Agenda
item
E/CN.4/Sub.2/1993/NGO/1 4 Written statement submitted by
International Fellowship of
Reconciliation, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/2 10 (a) Written statement submitted by the
American Association of Jurists, a
non-governmental organization in
consultative status (category II)
E/CN.4/Sub.2/1993/NGO/3 6 Written statement submitted by
Pax Christi International, a
non-governmental organization in
consultative status (category II)
E/CN.4/Sub.2/1993/NGO/4 14 Written statement submitted by the
International Federation of Human
Rights, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/5 6 Written statement submitted by the
International Federation of Human
Rights, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/6 14 Written statement submitted by the
Commission for the Defense of Human
Rights in Central America, a
non-governmental organization in
consultative status (category II)
E/CN.4/Sub.2/1993/NGO/7 17 Written statement submitted by the
Inter-Parliamentary Union, a
non-governmental organization in
consultative status (category I)
E/CN.4/1994/2
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(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/NGO/8 7 Written statement submitted by the
Inter-Parliamentary Union, a
non-governmental organization in
consultative status (category I)
E/CN.4/Sub.2/1993/NGO/9 10 (b) Written statement submitted by the
International Federation of Human
Rights, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/10 6 Written statement submitted by the
International Federation of Human
Rights, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/11 10 (b) Written statement submitted by the
International Federation of Human
Rights, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/12 17 Written statement submitted by the
International Federation of Human
Rights, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/13 14 Written statement submitted by the
Indian Law Resource Center, a
non-governmental organization on the
Roster
E/CN.4/Sub.2/1993/NGO/14 10 and 13 Written statement submitted by the
International Federation of Human
Rights, a non-governmental
organization in consultative status
(category II)
E/CN.4/1994/2
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(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/NGO/15 10 (b) Written statement submitted by
and 11 the International Federation of Human
Rights, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/16 6 Joint statement by the World
Confederation of Labour and the World
Federation of Trade Unions,
non-governmental organizations in
consultative status (category I), by
the American Association of Jurists,
the International Association for the
Defence of Religious Liberty, the
International Association of
Democratic Lawyers, the International
Association of Penal Law, Pax Christi
International, Pax Romana and the
Women’s International League for
Peace and Freedom, non-governmental
organizations in consultative status
(category II), by Centre Europe-Tiers
Monde, International Educational
Development, the International Falcon
Movement-Socialist Educational
International, the International
Movement against All Forms of
Discrimination and Racism, the
Movement Against Racism and for
Friendship among Peoples and the
World Organization against Torture,
non-governmental organizations on the
Roster
E/CN.4/1994/2
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Documents issued in the non-governmental organization series
(continued)
Symbol Agenda
item
E/CN.4/Sub.2/1993/NGO/17 13 Joint statement submitted by the
International Association for the
Defence of Religious Liberty, the
International Council of Jewish
Women, the International Fellowship
of Reconciliation, the International
Organization for the Development of
Freedom of Education and Pax Christi
International, non-governmental
organizations in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/18 6 Written statement submitted by the
International Human Rights Law Group,
a non-governmental organization in
consultative status (category II)
E/CN.4/Sub.2/1993/NGO/19 6 Written statement submitted
and Corr. 1 by International Educational
Development, a non-governmental
organization on the Roster
E/CN.4/Sub.2/1993/NGO/20 14 Written statement submitted by Four
Directions Council (category II)
E/CN.4/Sub.2/1993/NGO/21 14 Written statement submitted by the
International Organization of
Indigenous Peoples, a
non-governmental organization in
consultative status (category II)
E/CN.4/Sub.2/1993/NGO/22 6 Written statement submitted by
International Educational
Development, a non-governmental
organization on the Roster
E/CN.4/Sub.2/1993/NGO/23 18 Written statement submitted by
International Educational Development
Inc., a non-governmental organization
on the Roster
E/CN.4/1994/2
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Symbol Agenda
item
E/CN.4/Sub.2/1993/NGO/24 4 Written statement submitted by the
International Federation Terre des
Homme, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/25 16 (a) Written statement submitted by
International Educational Development
Inc., a non-governmental organization
on the Roster
E/CN.4/Sub.2/1993/NGO/26 4 Written statement submitted by
International Fellowship of
Reconciliation, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/27 17 Written statement submitted by
International Fellowship of
Reconciliation, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/28 8 Written statement submitted by Human
Rights Advocates, a non-governmental
organization in consultative status
(category II)
E/CN.4/Sub.2/1993/NGO/29 17 Written statement submitted by
International Fellowship of
Reconciliation, a non-governmental
organization in consultative status
(category II)
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