UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social Council
Distr.
GENERAL
E/CN.4/1999/4
E/CN.4/Sub.2/1998/45
30 September 1998
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
SubCommission
on Prevention of
Discrimination and Protection
of Minorities
REPORT OF THE SUBCOMMISSION
ON PREVENTION OF DISCRIMINATION
AND PROTECTION OF MINORITIES ON ITS FIFTIETH SESSION
Geneva, 328
August 1998
Rapporteur: Mr. Ioan Maxim
GE.9814330
(E)

E/CN.4/1999/4 E/CN.4/Sub.2/19page 9 98/45
CONTENTS (continued)
Annexes
Page
I. Agenda ........................... 138
II. List of Attendance ..................... 141
III. Administrative and programme budget implications of resolutions and decisions adopted by the Sub-Commission at its fiftieth session ........... 146
IV. Sub-Commission resolutions and decisions referring to matters which are drawn to the attention of the Commission on Human Rights ................. 147
V. List of studies and reports:
A. Studies and reports completed at the fiftieth session of the Sub-Commission ......... 148
B. Ongoing studies and reports entrusted to special rapporteurs in accordance with existing legislative authority ................. 149
C. Working papers and other documents without financial implications entrusted to members of the Sub-Commission in accordance with existing legislative authority ................. 150
D. Studies and reports recommended to the Commission on Human Rights for approval .............. 152
VI. List of documents for the fiftieth session of the Sub Commission ..................... 153

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I. DRAFT RESOLUTION AND DECISIONS RECOMMENDED
TO THE COMMISSION ON HUMAN RIGHTS FOR ADOPTION
A. Draft resolution
Human rights and income distribution
The Commission on Human Rights,
Taking note of Sub-Commission on Prevention of Discrimination and
Protection of Minorities resolution 1998/14 of 20 August 1998,
Bearing in mind its fundamental role in the defence of human rights and
its specific mandate in the prevention of situations relating to the full
enjoyment of those rights,
1. Decides that the Sub-Commission on Prevention of Discrimination
and Protection of Minorities should establish a forum on economic, social and
cultural rights, to be called the Social Forum, to meet during its annual
sessions with the following main objectives:
(a) To exchange information on the enjoyment of economic, social and
cultural rights and its relationship to the process of globalization;
(b) To follow up on the relationship between income distribution and
human rights at both the international and national levels;
(c) To follow up on situations of poverty and destitution in the
world, bearing in mind that these amount to complete and permanent denial of
the rights of individuals;
(d) To analyse violations of economic, social and cultural rights and
to discuss guidelines on these matters;
(e) To propose legal standards and initiatives, guidelines and other
recommendations to be considered by the Commission on Human Rights, the
open-ended
working group on the right to development established by the
Commission at its fifty-fourth
session, the Committee on Economic, Social and
Cultural Rights, the specialized agencies and other entities of the
United Nations system;
2. Requests the Office of the United Nations High Commissioner for
Human Rights to send invitations to the Social Forum, specifying the dates and
including a draft provisional agenda, to:
(a) States Members of the United Nations; active participation by the
members of the Commission on Human Rights is encouraged;
(b) Concerned United Nations bodies, including the United Nations
Development Programme and the United Nations Children's Fund, specialized
agencies, in particular the World Bank, the International Monetary Fund, the
International Labour Organization, the United Nations Educational, Scientific

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and Cultural Organization and the United Nations Industrial Development
Organization, and other bodies concerned with the promotion and protection of
economic, social and cultural rights;
(c) International, regional and national organizations and
organizations or associations of workers, salaried staff, professionals or
employers;
(d) Non-governmental organizations in consultative status with the
Economic and Social Council, international development and cooperation
agencies without consultative status but which would be offered a special
accreditation procedure for the purpose of the Forum; special invitations must
be sent to development and other nonprofit
institutions working in the field
in developing countries;
(e) International banks, transnational corporations and other
international enterprises which wish to accept the special accreditation
procedure and to follow the discussion on economic, social and cultural rights
at the Forum;
3. Also requests the Office of the High Commissioner to send a
special invitation to the Chairman of the Committee on Economic, Social and
Cultural Rights and the Chairman of the open-ended
working group on the right
to development, each of whom should be requested to submit a report to the
Forum;
4. Further requests the Office of the High Commissioner to arrange
for the Social Forum to be held for a suitable period, for example two or
three days, for its programme to be announced in advance and included in the
programme of the Sub-Commission, and for special advertising of this event;
5. Decides that the Social Forum may request the Sub-Commission to
name a Special Rapporteur on economic, social and cultural rights, with the
task of maintaining the relationship between the Forum and the SubCommission
and to coordinate the issues relevant to the holding of and participation at
this annual meeting;
6. Authorizes the High Commissioner to publish in a joint
publication, in the official languages of the United Nations, the preparatory
document on the relationship between the enjoyment of human rights and income
distribution (E/CN.4/Sub.2/1994/21) submitted to the Sub-Commission by
Mr. Asbjørn Eide, and the study by Mr. José Bengoa, Special Rapporteur of the
Sub-Commission on the relationship between the enjoyment of human rights, in
particular economic, social and cultural rights, and income distribution
(E/CN.4/Sub.2/1995/14, E/CN.4/Sub.2/1996/14, E/CN.4/Sub.2/1997/9 and
E/CN.4/Sub.2/1998/8).
[See chap. II, sect. A, resolution 1998/14
and chap. VI.]

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B. Draft resolutions
1. The concept and practice of affirmative action
The Commission on Human Rights, taking note of resolution 1998/5
of 20 August 1998 of the SubCommission
on Prevention of Discrimination and
Protection of Minorities, endorses the decision of the Sub-Commission to
appoint Mr. Marc Bossuyt as Special Rapporteur to undertake a study on the
concept and practice of affirmative action as described in resolution 1998/5,
which will pay specific attention to the recommendations made by the
SubCommission
and the Commission so as to further refine the focus and
methods of the study.
[See chap. II, sect. A, resolution 1998/5,
and chap. V.]
2. Promotion of the realization of the right to
drinking water supply and sanitation services
The Commission on Human Rights, taking note of SubCommission
on
Prevention of Discrimination and Protection of Minorities resolution 1998/7
of 20 August 1998, endorses the decision of the SubCommission
to appoint
Mr. El Hadji Guissé as Special Rapporteur to conduct a detailed study on the
relationship between the enjoyment of economic, social and cultural rights and
the promotion of the realization of the right to drinking water supply and
sanitation services, at both the national and international levels, taking
also into account questions related to the realization of the right to
development, in order to determine the most effective means to reinforce
activities in this field. The Commission also approves the decision to
request the Special Rapporteur to submit a preliminary report at the
fiftyfirst
session, a progress report at the fifty-second
session and a final
report at the fifty-third
session of the SubCommission.
The Commission
requests the Secretary-General
to provide the Special Rapporteur with any
assistance necessary for the discharge of his mandate, including the
assistance of a consultant specialized in this field.
[See chap. II, sect. A, resolution 1998/7,
and chap. VI.]
3. Traditional practices affecting the
health of women and the girl child
The Commission on Human Rights, taking note of SubCommission
on
Prevention of Discrimination and Protection of Minorities resolution 1998/16
of 21 August 1998, approves the recommendation of the SubCommission
that the
mandate of Ms. Halima Embarek Warzazi as Special Rapporteur on traditional
practices affecting the health of women and the girl child be extended to
ensure the completion of her task as called for in SubCommission
resolution 1996/19 of 19 August 1996. The Commission also approves the
recommendation that adequate administrative services be provided to the
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Special Rapporteur, as well as appropriate resources to allow her to follow up
progress relating to the implementation of the Plan of Action on the
elimination of traditional practices affecting the health of women and
children.
[See chap. II, sect. A, resolution 1998/16
and chap. VII.]
4. Systematic rape, sexual slavery and slavery-like
practices during armed conflict, including
internal armed conflict
The Commission on Human Rights, taking note of SubCommission
on
Prevention of Discrimination and Protection of Minorities resolution 1998/18
of 21 August 1998, approves the decision of the SubCommission
to extend the
mandate of Ms. Gay J. McDougall, as Special Rapporteur on systematic rape,
sexual slavery and slavery like
practices during armed conflict, including
internal armed conflict, for a further year in order to enable her to
submit an update on developments with respect to her mandate at the
fiftyfirst
session of the SubCommission.
The Commission recommends to the
Economic and Social Council that the final report of the Special Rapporteur
(E/CN.4/Sub.2/1998/13) be published in the official languages of the
United Nations and widely disseminated. The Commission recommends to the
Secretary-General
that the final report be transmitted to Governments,
competent bodies of the United Nations, specialized agencies, regional
intergovernmental organizations, the established international tribunals and
to the Assembly of States Parties of the International Criminal Court.
[See chap. II, sect. A, resolution 1998/18
and chap. VIII.]
5. Study on indigenous land rights
The Commission on Human Rights, taking note of SubCommission
on
Prevention of Discrimination and Protection of Minorities resolution 1998/21
of 21 August 1998, approves the SubCommission's
requests to the
Secretary-General
to transmit as soon as possible the progress report on the
working paper on indigenous people and their relationship to land
(E/CN.4/Sub.2/1998/15), together with the preliminary working paper on the
same topic (E/CN.4/Sub.2/1997/17 and Corr.1), to Governments, indigenous
peoples and intergovernmental and nongovernmental
organizations for their
comments, data and suggestions, and to provide the Special Rapporteur with all
the assistance necessary to enable her to complete her final working paper in
accordance with Commission decision 1997/114 of 11 April 1997 and Economic and
Social Council decision 1997/289 of 22 July 1997.
[See chap. II, sect. A, resolution 1998/21
and chap. IX.]
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6. International Decade of the World’s Indigenous People
The Commission on Human Rights, taking note of SubCommission
on
Prevention of Discrimination and Protection of Minorities resolution 1998/22
of 21 August 1998, endorses the SubCommission's
recommendation that the
Economic and Social Council authorize the Office of the United Nations
High Commissioner for Human Rights to organize a threeday
technical meeting
immediately prior to the seventeenth session of the Working Group on
Indigenous Populations in order to undertake a midpoint
review of the
International Decade of the World's Indigenous People.
[See chap. II, sect. A, resolution 1998/22
and chap. IX.]
7. Working Group on Indigenous Populations
The Commission on Human Rights, taking note of SubCommission
on
Prevention of Discrimination and Protection of Minorities resolution 1998/23
of 21 August 1998, endorses the SubCommission's
request that the Economic and
Social Council authorize the Working Group on Indigenous Populations to meet
for five working days prior to the fiftyfirst
session of the SubCommission.
[See chap. II, sect. A, resolution 1998/23
and chap. IX.]
8. Prevention of discrimination against
and the protection of minorities
The Commission on Human Rights, taking note of SubCommission
on Prevention of Discrimination and Protection of Minorities
resolution 1998/24 of 26 August 1998, decides to recommend to the Economic and
Social Council that a voluntary fund be established for the purpose of
enabling representatives of minorities to participate in the work of the
Working Group on Minorities of the SubCommission.
[See chap. II, sect. A, resolution 1998/24
and chap. X.]

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II. RESOLUTIONS AND DECISIONS ADOPTED BY THE SUBCOMMISSION
AT ITS FIFTIETH SESSION
A. Resolutions
1998/1. Situation of human rights in Belarus
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Reaffirming that all Member States have an obligation to promote and
protect human rights as stated in the Charter of the United Nations and as
elaborated in the Universal Declaration of Human Rights and other applicable
human rights instruments,
Mindful that Belarus is a party to the International Covenant on Civil
and Political Rights and its first Optional Protocol, the International
Covenant on Economic, Social and Cultural Rights, the Convention against
Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, the
Convention on the Elimination of All Forms of Discrimination against Women,
the International Convention on the Elimination of Racial Discrimination,
the Convention on the Rights of the Child and the four Geneva Conventions
of 1949,
Guided by the principles set forth in the Universal Declaration of Human
Rights, specifically article 19, and guided also by the International Covenant
on Civil and Political Rights, specifically articles 18 and 19,
Noting resolution 1998/28 of 17 April 1998 of the Commission on Human
Rights in which the Commission encouraged the SubCommission
to continue its
efforts to avoid duplication with the work of the Commission, and noting also
the role of the SubCommission
in highlighting specific country situations
which have not received adequate attention from the Commission,
Taking note of Commission resolution 1998/42 of 17 April 1998 in which
the Commission appealed to all States to ensure respect and support for the
rights of all persons who exercise the right to freedom of opinion and
expression, including the right to seek, receive and impart information, the
rights to freedom of thought, conscience and religion, peaceful assembly and
association and the right to take part in the conduct of public affairs, or
who seek to promote and defend these rights and freedoms,
Recalling Commission resolution 1998/21 of 9 April 1998 in which the
Commission recognized that tolerance and pluralism strengthen democracy and
facilitate the enjoyment of all human rights, and thereby constitute a sound
foundation for civil society, social harmony and peace,

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Recalling also Commission resolution 1998/35 of 17 April 1998 in which
the Commission stated that an independent and impartial judiciary and an
independent legal profession are essential prerequisites for the protection of
human rights and for ensuring that there is no discrimination in the
administration of justice,
1. Expresses its deep concern:
(a) At the reports that Belarusian authorities unlawfully imprison,
detain or otherwise harass Belarusian political leaders, journalists and human
rights defenders when they attempt to exercise their right to free expression
by seeking to expose, criticize or otherwise comment on abuses of power by
government officials, resulting in a climate of fear and intolerance;
(b) At the concentration of legislative power in the executive branch
of Government and a weak judiciary whose independence has been continuously
undermined, such that the rule of law has not been preserved;
2. Calls upon the Government of Belarus:
(a) To lift restrictions on freedom of expression which limit a
citizen's right to criticize the Government without incitement to violence or
those who occupy a position of power and authority;
(b) To comply with international human rights law by protecting the
integrity and rights of journalists and human rights workers by allowing them
to investigate, publish and report on abuses of power and violations of human
rights about which they receive information;
(c) To take effective steps to ensure the independence of the
judiciary;
3. Takes note of the activities of the United Nations Development
Programme and the Organization for Security and Cooperation in Europe for the
protection of human rights in Belarus, and encourages the Government of
Belarus to continue its cooperation with these activities;
4. Decides:
(a) To recommend that the Commission on Human Rights consider the
situation of human rights in Belarus at its next session;
(b) To recommend also that the Commission invite international
organizations, such as the Council of Europe and the Organization for Security
and Cooperation in Europe, to help promote the protection of human rights in
Belarus by devoting greater attention to the situation and also by actively
supporting and protecting the work of human rights defenders;

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(c) If the Commission is unable to take action on the situation of
human rights in Belarus, to continue consideration of the matter at its
fiftyfirst
session under the same agenda item.
25th meeting
19 August 1998
[Adopted by secret ballot by 17 votes to 4,
with 3 abstentions. See chap. IV.]
1998/2. Situation of human rights in the Democratic People's
Republic of Korea
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Reaffirming that all Member States have the obligation to promote and
protect human rights and fundamental freedoms as stated in the Charter of the
United Nations and as elaborated in the Universal Declaration of Human Rights
and other applicable human rights instruments,
Recognizing that the Democratic People's Republic of Korea is a party to
the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights and the Convention on the
Rights of the Child,
Considering the participation of the Government of the Democratic
People's Republic of Korea at the examination of its initial report on the
implementation of the Convention on the Rights of the Child (CRC/C/3/Add.41)
by the Committee on the Rights of the Child in May 1998 to be an encouraging
sign of cooperation with the United Nations treaty bodies,
Recalling its resolution 1997/3 of 21 August 1997,
Concerned at the extreme difficulty in obtaining accurate information
concerning the situation of human rights in the Democratic People's Republic
of Korea, which has been made even more difficult by the Government's
persistent repression of independent journalists and human rights defenders,
Concerned also at frequent reports of extrajudicial executions and
disappearances within the Democratic People's Republic of Korea, as well as at
similar reports that thousands of political prisoners are currently being
detained within the country, many of whom have suffered severe illtreatment
and have consequently died of disease, starvation and exposure,
1. Welcomes the participation of the Government of the Democratic
People's Republic of Korea in the examination of its initial report on the
implementation of the Convention on the Rights of the Child by the Committee
on the Rights of the Child;
2. Urgently calls upon the Government to ensure full respect for
article 13 of the Universal Declaration of Human Rights and article 12 of the

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International Covenant on Civil and Political Rights, both of which relate to
the right of anyone to leave any country, including his or her own, and to
return to his or her country;
3. Requests the Government to cooperate fully with the procedures and
services established by the United Nations with the aim of ensuring the
promotion and protection of human rights, in accordance with the Charter of
the United Nations;
4. Strongly urges the Government to allow and facilitate inquiries by
independent national and international human rights monitoring organizations
concerning the current human rights situation within the country and to allow
the publication and distribution of all findings inside the Democratic
People's Republic of Korea;
5. Invites international human rights and humanitarian organizations
to devote greater attention to the human rights situation in the Democratic
People's Republic of Korea;
6. Also invites international humanitarian organizations to promote
at the international level greater awareness of the consequences of the food
shortages and other economic hardships on the citizens of the Democratic
People's Republic of Korea and to provide them with substantial and effective
assistance;
7. Decides to recommend that the Commission on Human Rights consider
the situation of human rights in the Democratic People's Republic of Korea at
its next session and, if the Commission is unable to take action on the
situation of human rights in the Democratic People's Republic of Korea, to
continue consideration of the matter at the fiftyfirst
session of the
SubCommission
under the same agenda item.
25th meeting
19 August 1998
[Adopted by secret ballot by 19 votes to 4,
with 1 abstention. See chap. IV.]
1998/3. Violations of the rights of human rights defenders
in all countries
The SubCommission
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,
Recalling its task to report to the Commission on Human Rights on
situations of grave violations of human rights,

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Aware of the importance to be given to the fiftieth anniversary of the
adoption of the Universal Declaration of Human Rights and considering that
effective measures should be taken in order to ensure respect for the
Universal Declaration,
Recalling the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights and endorsed by the General Assembly in its
resolution 48/121 of 20 December 1993,
Recalling also Commission on Human Rights resolution 1998/66 of
21 April 1998 regarding cooperation with representatives of United Nations
human rights bodies,
Recalling further its resolution 1995/25 of 24 August 1995 regarding the
protection by competent authorities of everyone against threats, retaliation,
pressure or any other arbitrary action in the context of the legitimate,
peaceful and nonviolent
exercise of the right to strive for the protection of
human rights,
Noting with deep concern that in many countries, in contradiction to the
commitments and obligations of Governments, persons and organizations engaged
in promoting and defending human rights are facing threats, harassment and
insecurity,
Deeply concerned at the increasing number of cases of which it has been
informed concerning human rights defenders who, because of their activities in
favour of the recognition, promotion and defence of human rights, have been
persecuted, either by being arrested, convicted or imprisoned, or by being the
victims of unresolved killings, or by being suspended or prohibited from
exercising their professional activities, or by threat of suppression or
actual suppression of the legal personality of the organization to which they
belong,
Noting with satisfaction the adoption of Economic and Social
Council resolution 1998/33 of 30 July 1998 by which the Council approved the
draft declaration on the right and responsibility of individuals, groups and
organs of society to promote and protect universally recognized human rights
and fundamental freedoms, as contained in the annex to Commission on Human
Rights resolution 1998/7 of 3 April 1998, and recommended it to the
General Assembly for adoption at its fifty-third
session,
Recalling that, in the context of the legitimate exercise of the rights
to which it relates, the draft declaration states that each State shall take
all necessary measures to ensure the protection by the competent authorities
of everyone, individually or in association with others, against any violence,
threats, retaliation, de facto or de jure discrimination, pressure or any
other arbitrary action, and that individuals, groups, institutions and
nongovernmental
organizations have an important role to play and a
responsibility in safeguarding democracy, promoting human rights and
fundamental freedoms and contributing to the promotion and advancement of
democratic societies, institutions and processes,

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Noting Commission resolution 1998/28 of 17 April 1998 in which the
Commission called upon the SubCommission
and upon its members to focus on its
primary role as an advisory body of the Commission on Human Rights,
1. Urges each State to take any measures necessary within its own
jurisdiction to ensure the effective respect of their obligations in the field
of human rights, in accordance with the provisions of the various
international instruments, and to guarantee to individuals, groups,
organizations, associations and organs of society the necessary conditions to
exercise freely their activities in favour of the recognition, promotion and
defence of human rights;
2. Firmly condemns the murders of Mr. José Eduardo Umaña Mendoza,
lawyer, professor of criminal law and former member of the Lawyers Collective
“José Alvear Restrepo” and member of the executive council of the World
Organization against Torture, on 18 April 1998 in Bogotá; Msr. Juan Gerardi,
President of the Commission of Peace and Justice in Guatemala, in April 1998;
Mr. Rexhep Bislimi, member of the Council for the Defence of Human Rights and
Freedoms, on 22 July 1998 in Pristina, Kosovo, Federal Republic of Yugoslavia;
Mr. Ernesto Sandoval Bustillo, President of a local branch of the Human Rights
Committee of Honduras; Mr. Youssef Fethellah, lawyer, human rights activist
and President of the Algerian League of Human Rights, on 18 June 1994 in
Algeria; Ms. Luz Amparo Jiménez Pallares, journalist, director of the regional
office of the Reintegration Programme and Coordinator of the Redepaz peace
network, on 11 August 1998 in Valledupar, Colombia; and Mr. Patrick Finucane,
lawyer and human rights defender in Belfast, Northern Ireland, in 1989,
mentioned in the report of the Special Rapporteur on the independence of
judges and lawyers on his visit to the United Kingdom of Great Britain and
Northern Ireland (E/CN.4/1998/Add.4);
3. Calls upon the Governments concerned not to leave crimes committed
again human rights defenders unpunished, to allow and facilitate all necessary
inquiry, and to ensure judgement by a civil tribunal and punishment of the
perpetrators as well as compensation of the families of the victims, including
for killings which occurred a long time ago, as recommended by the Special
Rapporteur on the independence of judges and lawyers;
4. Urges each State to take any measures necessary within its own
jurisdiction to ensure the security of all persons covered by the draft
declaration on the right and responsibility of individuals, groups and organs
of society to promote and protect universally recognized human rights who are
being repressed, harassed or threatened throughout the world;
5. Requests the United Nations High Commissioner for Human Rights to
undertake inquiries about the security situation of the persons listed in the
annex to the present resolution and to inform the SubCommission,
at its
fiftyfirst
session, of the results of her inquiries;
6. Requests the Government of Myanmar, in view of recent events, to
ensure the security of Aung San Suu Kyi and of the members of the National
League for Democracy, in particular to guarantee their freedom of movement and
expression, and urges the Government to extend to the Special Rapporteur on
the situation of human rights in Myanmar of the Commission on Human Rights an
invitation to visit the country;

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7. Requests the High Commissioner for Human Rights to transmit the
present resolution to all States;
8. Invites the General Assembly to adopt the draft declaration on
the right and responsibility of individuals, groups and organs of society
to promote and protect universally recognized human rights and fundamental
freedoms, as contained in the annex to Commission on Human Rights
resolution 1998/7 of 3 April 1998, at its fifty-third
session;
9. Decides to remain seized of the question of violations of the
rights of human rights defenders at its fiftyfirst
session under the same
agenda item.
26th meeting
20 August 1998
[Adopted by secret ballot by 21 votes to 3.
See chap. IV.]
ANNEX
List of persons concerning whose security situation the
High Commissioner is requested to make inquiries
Mr. Akin Birdal President of the Turkish Human Rights Association
and VicePresident
of the International Federation
of Human Rights Leagues
Mr. Khemaïs Ksila VicePresident
of the Tunisian League of Human
Rights
Mr. Ramón Custodio President of the Human Rights Committee of
Honduras
Fr. Javier Giraldo Executive Director of the Intercongregational
Commission of Justice and Peace of Colombia
Mr. Clement Nwankwo Director of the Constitutional Rights Project of
Nigeria
Mr. Destan Rukichi Lawyer and member of the Council for the Defence
of Human Rights and Freedoms in Pristina, Kosovo,
Federal Republic of Yugoslavia
Mr. Viktor Kaisiepo Human rights activist and spokesperson of the
West Papua Peoples' Front of Indonesia
Mr. Pierre Samba President of the human rights nongovernmental
organization Grande Vision in the Democratic
Republic of the Congo
The lawyers who are members of the Judicial Center of Public Interest of the
Philippines

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1998/4. Developments in the situation in Mexico
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Guided by the principles of the Charter of the United Nations, the
Universal Declaration of Human Rights and the international conventions
relating to the promotion and protection of human rights,
Taking note of information from corroborative sources indicating that
developments in the human rights situation in Mexico are becoming more and
more disturbing, particularly as far as the indigenous populations are
concerned,
Considering the information and recommendations by the Special
Rapporteur of the Commission on Human Rights on the question of torture
(E/CN.4/1998/38/Add.2) and the Special Rapporteur on the sale of children,
child prostitution and child pornography (E/CN.4/1998/101/Add.2) following
their visits to that country,
Noting with satisfaction the importance of the announcement made to the
Sub-Commission by the Government of Mexico of its support for the adoption by
the General Assembly of the draft declaration on the right and responsibility
of individuals, groups and organs of society to promote and protect
universally recognized human rights and fundamental freedoms, approved by the
Commission on Human Rights in its resolution 1998/7 of 3 April 1998 and by the
Economic and Social Council in its resolution 1998/33 of 30 July 1998,
Regarding as an encouraging sign and a positive development the
statement made to the Sub-Commission by the observer for Mexico on the general
strategy decided by the Government to resolve the question of Chiapas, with
the help of dialogue and without first requiring the Zapatista National
Liberation Army to hand over its weapons, by reconciliation and peace in
dignity and in justice, by reestablishing
and maintaining the rule of law,
including the disarming of armed groups and the resumption of dialogue with
the Zapatista National Liberation Army, and by tackling the structural causes
of marginalization and extreme poverty linked to the underdevelopment of that
region,
Reaffirming its conviction that preventive action by the Commission on
Human Rights and other protection mechanisms is the surest way, while there is
still time, to prevent violence and impunity from irreparably impairing the
rule of law,
1. Requests the Mexican authorities to ensure full respect for the
international instruments to which Mexico is party and, to this end, to attach
the highest priority:
(a) On the one hand, to combating the impunity of perpetrators of
serious human rights violations, especially those suffered by numerous members
of the indigenous populations;

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(b) On the other hand, to promoting the action of human rights
defenders and guaranteeing their safety;
2. Appeals to the signatories to the San Andrés accords to resume the
process favouring dialogue;
3. Requests the Commission on Human Rights, in the interest of
prevention, to consider at its next session the developments in the human
rights situation in Mexico and decides, should the Commission be unable to do
so, to continue the consideration of these developments at its fifty-first
session, under the same agenda item.
26th meeting
20 August 1998
[Adopted by secret ballot by 12 votes to 6,
with 6 abstentions. See chap. IV.]
1998/5. The concept and practice of affirmative action
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Reaffirming the standards embodied in international instruments relating
to the guarantee of human rights, in particular the Universal Declaration of
Human Rights, the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women and International Labour Convention No. 111
concerning Discrimination in Respect of Employment and Occupation,
Recognizing that the concept of affirmative action has been neither
defined nor practised uniformly at the international level,
Noting Commission on Human Rights resolution 1998/26 of 17 April 1998 in
which the Commission invited the SubCommission
to carry out studies without
delay, within the framework of the objectives laid down in General Assembly
resolution 52/111 of 12 December 1997 regarding the Third Decade to Combat
Racism and Racial Discrimination and the convening of the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and
to transmit its recommendations to the Commission at its fifty-fifth
session
and to the Preparatory Committee through the Commission on Human Rights,
Mindful of Commission on Human Rights resolutions 1996/25 of
19 April 1996, 1997/22 of 11 April 1997 and 1998/28 of 17 April 1998, in which
the Commission called upon the SubCommission
and its members to further
enhance cooperation with mechanisms of the Commission and, within their
competence, with all relevant bodies, including human rights treaty bodies,
Mindful also of paragraph 53 of the report of the seventh meeting of
persons chairing the human rights treaty bodies (A/51/482, annex), in which

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the chairpersons recommended that the treaty bodies take a more active role in
supporting, suggesting topics for and cooperating in the preparation of
studies by the SubCommission,
as well as SubCommission
initiatives pursuant
to its decision 1997/112 of 27 August 1997 regarding criteria for studies,
Recalling its decision 1997/118 of 28 August 1997,
1. Expresses its gratitude to Mr. Marc Bossuyt for his working paper
on the concept of affirmative action (E/CN.4/Sub.2/1998/5);
2. Decides, since this subject requires careful and comprehensive
inquiry, to appoint Mr. Bossuyt as Special Rapporteur with the task of
preparing a study on the concept and practice of affirmative action, and
requests the Special Rapporteur to submit a preliminary report to the
SubCommission
at its fiftyfirst
session;
3. Agrees with Mr. Bossuyt's suggestion that the Special Rapporteur
be authorized to request the United Nations High Commissioner for Human Rights
to send out a questionnaire to Governments, international organizations and
nongovernmental
organizations, inviting them to send all relevant national
documentation on the subject of affirmative action, and believes that the
preparatory report should take into account the information and the
experiences generated as a result of the work of the Committee on the
Elimination of Racial Discrimination and the Committee on the Elimination of
Discrimination against Women;
4. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 1.]
26th meeting
20 August 1998
[Adopted without a vote. See chap. V.]
1998/6. World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Reaffirming the norms embodied in international instruments relating
to the guarantee of human rights and particularly 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 and the International Convention on the
Elimination of All Forms of Racial Discrimination,
Reaffirming also the objectives as set forth in the Charter of the
United Nations on achieving international cooperation in solving problems of

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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,
Reaffirming its conviction that racism and racial discrimination
undermine the purposes and principles of the Charter of the United Nations and
the Universal Declaration of Human Rights and its firm determination and
commitment to eradicate racial discrimination totally and unconditionally,
Concerned at the phenomenon of globalization, accompanied by a
concentration of wealth, on the one hand, and marginalization and exclusion,
on the other, and its effects on the right to development and on living
standards, and by the increase in incidents of racism, racial discrimination,
xenophobia and related intolerance,
Sharing the grave concern of the fifty-fourth
session of the Commission
on Human Rights that despite the efforts undertaken by the international
community at various levels, racism, racial discrimination, xenophobia and
related forms of intolerance, ethnic antagonism and acts of violence are
showing signs of increase,
Welcoming General Assembly resolution 52/111 of 12 December 1997 in
which the Assembly decided to convene a World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance, to be held not
later than the year 2001,
Conscious that the World Conference should carefully consider the
complicated interplay of discrimination based on race and discrimination based
on other grounds, such as gender,
Taking note of the decision of the Fifth Committee of the
General Assembly that the preparatory process for the World Conference would
include preparatory committee meetings for a period of five working days each
immediately prior to the session of the Commission on Human Rights in the
years 2000 and 2001,
Taking note also of Commission on Human Rights resolution 1998/26 of
17 April 1998 in which the Commission decided to create an open-ended
working
group to meet during the fifty-fifth
session in order to review and formulate
proposals for consideration by the Commission and possible forwarding to the
preparatory committee at its first session,
Welcoming the invitation of the Commission on Human Rights, in its
resolution 1998/26, to invite nongovernmental
organizations to participate
fully in the preparatory process for the World Conference,
Noting that in resolution 1998/26 the Commission invited the
Sub-Commission to carry out studies without delay, within the framework of the
objectives laid down in General Assembly resolution 52/111, and to transmit
its recommendations to the Commission at its fifty-fifth
session and, through
the Commission on Human Rights, to the preparatory committee,

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Welcoming the cooperation of the Committee on the Elimination of Racial
Discrimination on the joint working paper on article 7 of the International
Convention on the Elimination of All Forms of Racial Discrimination
(E/CN.4/Sub.2/1998/4),
Noting its response to the suggestions of the Committee on the
Elimination of Racial Discrimination concerning the preparation of studies
(E/CN.4/Sub.2/1997/31, annex), and in particular the working paper prepared by
Mr. Marc Bossuyt on the concept of affirmative action (E/CN.4/Sub.2/1998/5),
its resolution 1998/5 of 20 August 1998 in which it requested a full study on
the concept and practice of affirmative action, its decision 1998/103 of
20 August 1998 in which it decided to undertake a working paper on the rights
of noncitizens,
and its recent efforts to respond to the request for a study
on reservations to treaties,
1. Declares that all forms of racism and racial discrimination,
whether in their institutionalized form or resulting from official doctrines
of racial superiority or exclusivity, such as ethnic cleansing, are among the
most serious violations of human rights in the contemporary world and must be
combated by all available means;
2. Notes that the General Assembly, in its resolution 52/111 of
12 December 1997 in which it decided to convene the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, set as one
of the main objectives of the Conference to review the political, historical,
social, cultural and other factors leading to racism, racial discrimination,
xenophobia and related intolerance;
3. Commends all States that have ratified or acceded to the
international instruments to combat racism and racial discrimination and
invites all States that have not yet done so to ratify or accede to them as
soon as possible;
4. Encourages educational institutions, nongovernmental
organizations and the mass media to promote ideas of tolerance and
understanding among peoples and between different cultures;
5. Regrets the continued lack of interest, support and financial
resources for the Third Decade to Combat Racism and Racial Discrimination and
the Programme of Action for the Decade, and calls upon all Governments,
United Nations bodies, specialized agencies and interested nongovernmental
organizations to contribute fully to the implementation of the Programme of
Action;
6. Considers that substantial voluntary contributions to the Trust
Fund for the Programme for the Decade for Action to Combat Racism and Racial
Discrimination are indispensable for the implementation of the Programme of
Action for the Third Decade;
7. Supports the invitation of the Commission on Human Rights, in its
resolution 1998/28 of 17 April 1998, to the United Nations High Commissioner
for Human Rights to submit to the Commission at its fifty-fifth
session, from

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within existing financial resources, a preliminary analytical study on the
objectives of the World Conference as identified by the General Assembly;
8. Recommends that the topics for studies undertaken in response to
the suggestions from the Committee on the Elimination of Racial Discrimination
(E/CN.4/Sub.2/1997/31, annex) be considered using the materials developed by
the SubCommission
in the preparatory process and at the World Conference
itself;
9. Decides to request Mr. Paulo Sergio Pinheiro to prepare, without
financial implications, a paper on proposals for the work of the World
Conference to be considered by the SubCommission
at its fiftyfirst
session;
10. Also decides to carry out further studies without delay,
within the framework of the objectives laid down in General Assembly
resolution 52/111, and to transmit recommendations for studies to the
Commission at its fifty-fifth
session and, through the Commission, to the
preparatory committee;
11. Recommends to the preparatory committee that the World Conference
devote considerable attention to the overall themes of equality and diversity
in an effort to combat racism and racial discrimination;
12. Calls upon Member States to decide as quickly as possible on a
firm date and place for the World Conference in order to facilitate the
planning of activities leading to the World Conference, some of which will be
part of the Third Decade to Combat Racism and Racial Discrimination;
13. Suggests that the World Conference focus, inter alia, on both
situations of ethnic conflict and other patterns of discrimination which are
based on race, colour, descent, or national or ethnic origin, as well as the
topics of ethnic conflict, education and racial discrimination, globalization
in the context of the increase in incidents of racism, racial discrimination
and xenophobia, affirmative action, migrant workers, the rights of
noncitizens,
reservations to the International Convention on the Elimination
of All Forms of Racial Discrimination, hate speech and remedies for racial
discrimination;
14. Recommends that the World Conference prepare a declaration and a
programme of action to combat racism, racial discrimination, xenophobia and
related forms of intolerance;
15. Decides to discuss the World Conference further at its fiftyfirst
session.
26th meeting
20 August 1998
[Adopted without a vote. See chap. V.]

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1998/7. Promotion of the realization of the right to
drinking water supply and sanitation services
The SubCommission
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 other texts provide unequivocally that all persons are entitled to
the full realization of economic, social and cultural rights,
Taking note of the Declaration on the Right to Development
(General Assembly resolution 41/128 of 4 December 1986, annex),
Recalling section I, paragraph 10, of the Vienna Declaration and
Programme of Action (A/CONF.157/24 (Part I), chap. III.), in which the World
Conference on Human Rights, among other things, reaffirmed the right to
development as a universal and inalienable right and an integral part of human
rights, and urged States and the international community to promote effective
international cooperation for the realization of the right to development and
the elimination of obstacles to development,
Taking account of the results of the World Summit for Social
Development, held at Copenhagen from 6 to 12 March 1995, especially the
recommendations in its Programme of Action (United Nations publication, Sales
No. E.96.IV.8, chap. I, resolution 1, annex II) concerning the United Nations
system to strengthen United Nations operational activities for development in
order to implement the World Summit outcome, as well as the United Nations
system's capacity for gathering and analysing information and developing
indicators of social development, taking into account the work carried out by
different countries, in particularly by developing countries (para. 99 (e)).
Recalling resolutions I (Assessment of water resources), II (Community
water supply), III (Agricultural water use), IV (Research and development of
industrial technologies), VIII (Institutional arrangements for international
cooperation in the water sector) and IX (Financing arrangements for
international cooperation in the water sector) adopted at the United Nations
Water Conference held in Mar del Plata, Argentina, from 14 to 25 March 1977
(United Nations Publication, Sales No. E.77.II.A.12, chap. I),
Taking particular account of the International Drinking Water Supply and
Sanitation Decade (19811990)
and the celebration, on 22 March of each year,
of the World Day for Water (General Assembly resolutions 45/181 of
21 December 1990 and 47/193 of 22 December 1992, respectively),
Bearing in mind the objectives of a “20:20”type
compact concerning in
particular the access of all to drinking water supply and sanitation services,
as expressed in the UNDP Human Development Report 1994,

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Recalling its resolution 1997/18 of 27 August 1997, in which it decided
to entrust to Mr. El Hadji Guissé the task of drafting, without financial
implications, a working paper on the promotion of the realization of the right
of access of everyone to drinking water supply and sanitation services,
Reaffirming the fundamental principles of equality, human dignity and
social justice, and the right to drinking water supply and sanitation for
every woman, man and child,
Convinced of the urgent and persistent necessity of increased attention
and commitment by all decisionmakers
to the right to drinking water supply
and sanitation,
Deeply concerned to note that more than one billion people in the world
are still deprived of access to drinking water supply and that four billion
lack decent conditions of sanitation,
1. Takes note with appreciation of the working paper on the
promotion of the realization of the right of access to everyone to drinking
water supply and sanitation services (E/CN.4/Sub.2/1998/7) submitted by
Mr. El Hadji Guissé;
2. Subscribes to the remarks of the expert on the various obstacles
linked to the realization of the right to drinking water supply and sanitation
seriously impeding the realization of economic, social and cultural rights,
and on equality being an essential element for effective participation in the
realization of the right to development and the right to a healthy
environment;
3. Decides to appoint Mr. El Hadji Guissé as Special Rapporteur to
conduct a detailed study on the relationship between the enjoyment of
economic, social and cultural rights and the promotion of the realization of
the right to drinking water supply and sanitation, at both the national and
international levels, taking also into account questions related to the
realization of the right to development, in order to determine the most
effective means to reinforce activities in this field;
4. Requests the Special Rapporteur to submit a preliminary report at
its fiftyfirst
session, a progress report at its fifty-second
session and a
final report at its fifty-third
session;
5. Requests the Secretary-General
to invite Governments,
United Nations bodies, the specialized agencies and nongovernmental
organizations to provide the Special Rapporteur with information relevant to
the preparation of his report;
6. Also requests the Secretary-General
to provide the Special
Rapporteur with any assistance necessary for the discharge of his mandate,
including the assistance of a consultant specialized in this field;

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7. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 2.]
26th meeting
20 August 1998
[Adopted without a vote. See chap. VI.]
1998/8. The relationship between the enjoyment of
economic, social and cultural rights and the
right to development, and the working methods
and activities of transnational corporations
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Recalling that, under the Charter of the United Nations, one of the
purposes of the United Nations is to achieve international cooperation in
solving international problems of an economic, social, cultural or
humanitarian character, and in promoting and encouraging respect for human
rights for all,
Reaffirming the Declaration on Social Progress and Development
proclaimed by the General Assembly in its resolution 2542 (XXIV) of
11 December 1969, the Declaration and Programme of Action on the Establishment
of a New International Economic Order proclaimed by the General Assembly in
its resolutions 3201 (SVI)
and 3202 (SVI)
of 1 May 1974, the Charter of
Economic Rights and Duties of States adopted by the General Assembly in its
resolution 3281 (XXIX) of 12 December 1974, the Declaration of the Principles
of International Cultural Cooperation proclaimed by the General Conference of
the United Nations Educational, Scientific and Cultural Organization in 1966,
and General Assembly resolution 1803 (XVII) of 14 December 1962, entitled
“Permanent sovereignty over natural resources”,
Mindful that, in the Vienna Declaration and Programme of Action
(A/CONF.157/24 (Part I), chap. III), the World Conference on Human Rights
reaffirmed the right to development as a universal and inalienable right and
an integral part of all fundamental human rights, reaffirmed that the human
person was the central subject of development and underlined the need for a
concerted effort to ensure recognition of economic, social and cultural rights
at the national, regional and international levels,
Noting that the Working Group on the Right to Development identified the
concentration of economic and political power as one of the obstacles to the
realization of the right to development,
Noting also that lasting progress towards the implementation of the
right to development requires effective development policies at the national
level, as well as equitable economic relations and a favourable economic
environment at the international level,

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Taking into account the fact that the Working Group on the Right to
Development recommended the adoption of new international legislation and the
creation of effective international institutions to regulate the activities of
transnational corporations and banks, and in particular the resumption of
multilateral negotiations on a code of conduct for transnational corporations,
Bearing in mind the Tripartite Declaration of Principles Concerning
Multinational Enterprises and Social Policy adopted by the Governing Body of
the International Labour Organization in November 1977,
Recognizing that the activities of the various organizations in the
United Nations system should be closely interrelated and that it is necessary
to draw on all the efforts made in the various disciplines relating to the
human person in order to promote all human rights effectively,
Recalling in particular its resolution 1997/11 of 22 August 1997,
Recalling Commission on Human Rights resolutions 1989/15 of
2 March 1989, 1990/17 and 1990/18 of 23 February 1990, 1991/13 of
22 February 1991, 1992/9 of 21 February 1992, 1993/12 of 26 February 1993,
1994/11 of 25 February 1994, 1995/13 of 25 February 1995, 1996/15 of
11 April 1996 and 1997/9 of 3 April 1997,
Taking into account the background document (E/CN.4/Sub.2/1995/11)
and the report (E/CN.4/Sub.2/1996/12 and Corr.1) submitted by the
Secretary-General
in accordance with its resolution 1995/31 of 24 August 1995,
1. Takes note with satisfaction of the working document on the
question of the relationship between the enjoyment of human rights and the
working methods and activities of transnational corporations submitted by
Mr. El Hadji Guissé (E/CN.4/Sub.2/1998/6);
2. Supports the Declaration on the Right to Development and
underlines the multidimensional, integrated and dynamic character of this
right which favours a partnership for development and constitutes a relevant
framework for international cooperation and national action aiming at
universal and effective respect for all human rights in their universality,
indivisibility and interdependence;
3. Affirms that the global and multidimensional approach defined in
the Declaration on the Right to Development should constitute a basis for the
work undertaken on the relationship between the enjoyment of human rights and
the working methods and activities of transnational corporations;
4. Decides to establish, for a three-year
period, a sessional working
group of the SubCommission,
composed of five of its members, taking into
account the principle of equitable geographical distribution, to examine the
working methods and activities of transnational corporations, with the
following mandate:

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(a) To identify and examine the effects of the working methods and
activities of transnational corporations on the enjoyment of economic, social
and cultural rights and the right to development, as well as civil and
political rights;
(b) To examine, receive and gather information, including any working
paper submitted by a member of the SubCommission,
on the effects of the
working methods and activities of transnational corporations on the enjoyment
of economic, social and cultural rights and the right to development, as well
as of civil and political rights;
(c) To analyse the compatibility of the various international human
rights instruments with the various investment agreements, regional as well as
international, including, in particular, the Multilateral Agreement on
Investment;
(d) To make recommendations and proposals relating to the methods of
work and activities of transnational corporations in order to ensure that such
methods and activities are in keeping with the economic and social objectives
of the countries in which they operate, and to promote the enjoyment of
economic, social and cultural rights and the right to development, as well as
of civil and political rights;
(e) To prepare each year a list of countries and transnational
corporations, indicating, in United States dollars, their gross national
product and financial turnover, respectively;
(f) To consider the scope of the obligation of States to regulate the
activities of transnational corporations, where their activities have or are
likely to have a significant impact on the enjoyment of economic, social and
cultural rights and the right to development, as well as of civil and
political rights of all persons within their jurisdiction;
5. Requests the working group to submit its first report to the
SubCommission
at its fiftyfirst
session.
26th meeting
20 August 1998
[Adopted without a vote. See chap. VI.]
1998/9. Forced evictions
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Recalling Commission on Human Rights resolution 1993/77 of 10 March 1993
and the analytical report on forced evictions submitted by the
Secretary-General
(E/CN.4/1994/20) to the Commission at its fiftieth session,

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Recalling also its resolutions 1991/12 of 26 August 1991, 1992/14 of
27 August 1992, 1993/41 of 26 August 1993, 1994/39 of 26 August 1994, 1995/29
of 24 August 1995, 1996/27 of 29 August 1996 and 1997/6 of 22 August 1997,
Reaffirming that every woman, man and child has the right to a secure
place to live in peace and dignity, which includes the right not to be evicted
arbitrarily or on a discriminatory basis from one's home, land or community,
Recognizing that the often violent practice of forced eviction involves
the coerced and involuntary removal of persons, families and groups from their
homes, lands and communities, whether or not deemed legal under prevailing
systems of law, resulting in greater homelessness and inadequate housing and
living conditions,
Emphasizing that ultimate legal and political 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, largescale
evictions or displacement of persons without the provision
of all appropriate protection and compensation (E/1990/23E/
C.12/1990/3,
annex III, para. 6), and general comment No. 4 (1991) in which the Committee
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/1992/23E/
C.12/1991/4, annex III, para. 18),
Noting with interest the recent case law of the European Court of Human
Rights and the Inter American
Commission on Human Rights,
Noting with appreciation the adoption of general comment No. 7 (1997) on
forced evictions by the Committee on Economic, Social and Cultural Rights
(E/1998/22E/
C.12/1997/10, annex IV), in which the Committee recognized,
inter alia, that women, children, youth, older persons, indigenous people,
ethnic and other minorities, and other vulnerable groups all suffer
disproportionately from the practice of force eviction, and that women in all
groups are especially vulnerable, given the extent of statutory and other
forms of discrimination which often apply in relation to the property rights
of women, including home ownership and rights of access to property or
accommodation, and given the particular vulnerability of women to acts of
violence and sexual abuse when they are rendered homeless,
Noting also the provisions on forced evictions contained in the Habitat
Agenda (A/CONF.165/14, chap. I, annex II), adopted by the second
United Nations Conference on Human Settlements (Habitat II) convened in
June 1996,
1. Reaffirms that the practice of forced eviction constitutes a gross
violation of a broad range of human rights, in particular the right to

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adequate housing, the right to remain, the right to freedom of movement, the
right to privacy, the right to property, the right to an adequate standard of
living, the right to security of the home, the right to security of the
person, the right to security of tenure and the right to equality of
treatment;
2. Strongly urges Governments to undertake immediately measures, at
all levels, aimed at eliminating the practice of forced evictions by,
inter alia, repealing existing plans involving arbitrary forced evictions and
legislation allowing arbitrary forced evictions and ensuring the right to
security of tenure for all residents;
3. Also strongly urges Governments to protect all persons who are
currently threatened with forced evictions and to adopt all necessary measures
giving full protection against arbitrary or unreasonable 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, rights and needs, to persons and
communities that have been forcibly evicted, following mutually satisfactory
negotiations with the affected persons or groups, and recognizing the
obligation to ensure such provision in the event of any forced eviction;
5. Recommends that all Governments ensure that any eviction, whether
forced or not, is carried out in a manner which does not violate any of the
human rights of those evicted;
6. Invites all international financial, trade, development and other
related institutions and agencies, including member or donor States that have
voting rights within such bodies, to take fully into account the views
contained in the present resolution and other pronouncements under
international human rights and humanitarian law on the practice of forced
eviction;
7. Requests the United Nations High Commissioner on Human Rights to
give due attention to the practice of forced eviction in discharging her
responsibilities and to undertake measures, whenever possible, to persuade
Governments to comply with relevant international standards, to repeal planned
forced evictions from taking place and to ensure the provision of adequate
compensation when forced evictions have already occurred;
8. Welcomes the report of the expert seminar on the practice of
forced evictions convened from 11 to 13 June 1997 and the comprehensive human
rights guidelines on development based
displacement adopted by the expert
seminar (E/CN.4/Sub.2/1997/7);
9. Urges the Commission to invite all States to consider the
comprehensive human rights guidelines on development based
displacement as
contained in document E/CN.4/Sub.2/1997/7, with a view to approving the
guidelines in their present form at its fifty-sixth
session;

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10. Decides to consider the issue of forced evictions at its
fiftyfirst
session under the same agenda item.
26th meeting
20 August 1998
[Adopted without a vote. See chap. VI.]
1998/10. Situation of migrant workers and members of their families
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Noting Commission on Human Rights resolutions 1998/15 and 1998/17 of
9 April 1998 and recalling SubCommission
resolution 1997/4 of 21 August 1997,
Reaffirming that acts of violence against migrant workers, both men and
women, constitute flagrant violations of the international instruments
relating to human rights, and in particular of the Convention on the
Elimination of All Forms of Discrimination against Women,
Preoccupied by the reluctance of States to ratify the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of their Families, which was adopted without a vote by the General Assembly at
its forty-fifth
session,
Deeply concerned by the increasing phenomena of extreme racism,
xenophobia and violent intolerance which affect, in particular, migrant
workers, men and women, and the members of their families,
Bearing in mind the international labour standards adopted by the
International Labour Organization in regard to migrant workers, and expressing
its regrets at the limited number of signatories of important conventions such
as the Migration for Employment Convention (Revised), 1949 (No. 97) and the
Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which
cover almost all aspects of employment affecting both regular and irregular
entry and stay of migrant workers,
Reaffirming that the degrading treatment directed against migrant
workers in certain parts of the world has made them one of the most vulnerable
groups in the contemporary world,
Stressing that recent trends show that migration is steadily becoming
more feminized,
1. Reaffirms that immigration is not a burden but rather a phenomenon
whose effects are rewarding for receiving societies;
2. Considers that international migratory movements are steadily
increasing because poverty is growing in a large number of developing
countries and that the use of foreign labour in the developed countries is
continuing despite claims that there is an economic crisis;

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3. Regrets once again the contradiction which exists between the free
movement of goods and the liberalization of trade in services and financial
transactions encouraged by transnational corporations and international
financial institutions, and the increasingly draconian restrictions imposed on
the movement of individuals;
4. Considers that it is the responsibility of the States concerned to
combat and put an end to all acts of violence resulting from racism, racial
discrimination and xenophobia directed against migrant workers and members of
their families;
5. Appeals to the competent authorities of receiving countries as
well as to the members of civil society to pay particular attention to the
protection and defence of women migrant workers, who are confronted with
serious problems both as women and as migrant workers;
6. Expresses its conviction that migrant workers contribute not only
to the economic progress of the States where they are employed, but also to
the enrichment of the cultural life of the receiving societies and the
establishment of an atmosphere of mutual knowledge and understanding and
peaceful coexistence;
7. Takes note with interest of the establishment in Vienna by the
European Union of the Monitoring Centre on Racism and Xenophobia as well as
the establishment of a network of antiracist
nongovernmental
organizations;
8. Draws attention to the need for States to ratify the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of their Families;
9. Appeals to Governments to ratify the International Labour
Organization Migration for Employment Convention (Revised), 1949 (No. 97) and
the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143);
10. Also appeals to Governments, in particular of receiving States, to
adopt comprehensive civil antidiscrimination
legislation specifically
outlawing discrimination on the grounds of nationality in all aspects of the
employment relationship, stringently enforced by a national agency specialized
in nondiscrimination;
11. Considers that further antidiscrimination
measures need to be
adopted, including schemes to ensure compliance with contracts and to survey
the incidence of discrimination;
12. Takes note with satisfaction of the International Labour
Organization interactive database on international labour migration, which
contains both statistical and qualitative information on the subject;
13. Takes note of the work done by the working group of
intergovernmental experts on the human rights of migrants of the Commission on
Human Rights;

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14. Considers that the misuse of information technology, particularly
as directed towards the incitement of racism and racial violence, should be
monitored;
15. Appeals to the Governments concerned to establish appropriate
legal and other forums and institutions to address the problems of migrants
and to provide access to them for migrant workers;
16. Considers once again that it would be useful, on the occasion of
the adoption of policies aimed at protecting the rights of migrant workers,
for Governments to benefit from the experience of representatives of migrant
workers' organizations;
17. Decides to continue to consider this question at its fiftyfirst
session under the same agenda item.
26th meeting
20 August 1998
[Adopted without a vote. See chap. VI.]
1998/11. The realization of the right to education,
including education in human rights
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Guided by the principles relating to the right to education enshrined in
the International Bill of Human Rights, in particular article 26 of the
Universal Declaration of Human Rights, and article 13 of the International
Covenant on Economic, Social and Cultural Rights, and article 28 of the
Convention on the Rights of the Child, which provide that everyone has the
right to education,
Recalling the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights (A/CONF.157/24 (Part I), chap. III), in
particular section I, paragraph 33, and section II, paragraphs 78 to 82,
thereof,
Recalling also the World Declaration on Education for All adopted at the
World Conference on Education for All: Meeting Basic Needs, held at Jomtien,
Thailand, from 5 to 9 March 1990,
Recalling further Commission on Human Rights resolution 1996/44
of 19 April 1996,
Recalling the World Plan of Action on Education for Human Rights and
Democracy, adopted by the International Congress on Education for Human Rights
and Democracy convened by the United Nations Educational, Scientific and
Cultural Organization at Montreal, Canada, from 8 to 11 March 1993,

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Bearing in mind the United Nations Decade for Human Rights
Education proclaimed by the General Assembly in its resolution 49/184
of 23 December 1994, which is to end in the year 2004,
Noting that the question of the right to education has not been
sufficiently dealt with in the framework of the United Nations bodies
responsible for the protection of human rights,
Noting with satisfaction the developing international awareness of the
importance of education, particularly in the field of human rights, for human
development,
Conscious of the central role played by human rights education in
combating intolerance, racism and exclusion,
Noting General Assembly resolution 52/127 of 12 December 1997 on the
right to education,
Noting also Commission on Human Rights resolution 1998/33
of 17 April 1998 by which the Commission decided to appoint a special
rapporteur on the right to education,
Welcoming the nomination of Mrs. Katerina Tomasevski as Special
Rapporteur on the right to education,
Noting the decision of the Committee on Economic, Social and Cultural
Rights to devote the day of general discussion at its nineteenth session to
the right to education,
Noting also that the Working Group on Minorities has requested
Mr. Mustapha Mehedi to prepare a working paper on multicultural and
intercultural education,
Taking note with satisfaction of the interest shown by the
United Nations Educational, Scientific and Cultural Organization, the
experts of the SubCommission
and nongovernmental
organizations during the
discussion on the working paper submitted by Mr. Mehedi in accordance with
SubCommission
resolution 1997/7 of 22 August 1997 (E/CN.4/Sub.2/1998/10),
1. Takes note with satisfaction of the working paper on the right to
education submitted by Mr. Mustapha Mehedi;
2. Endorses fully the conclusions of the working paper and
congratulates Mr. Mehedi on his work;
3. Requests Mr. Mehedi to prepare, without financial obligations, a
more detailed working paper on the right to education, including human rights
education, for submission to the SubCommission
at its fiftyfirst
session,
the purpose of the working paper being to explain the content of the right to
education, taking account, in particular, of its social dimension and the

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freedoms it includes and of its dual civil and political rights and economic,
social and cultural rights character, and to identify ways and means of
promoting human rights education;
4. Expresses its wish for cooperation with the other mechanisms
dealing with the right to education and education in human rights.
27th meeting
20 August 1998
[Adopted without a vote. See chap. VI.]
1998/12. Human rights as the primary objective of trade,
investment and financial policy
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Recalling that, as declared in article 28 of the Universal Declaration
of Human Rights, everyone is entitled to a social and international order
in which the rights and freedoms set forth in the Universal Declaration can be
fully realized, and that article 25, paragraph 1, enshrines the right of
everyone to a standard of living adequate for the full realization of
economic, social and cultural rights,
Stressing the need to work towards the realization for all people
and communities of the rights, including food, housing, work, health and
education, enshrined in the International Covenant on Economic, Social and
Cultural Rights,
Recalling the Vienna Declaration and Programme of Action (A/CONF.157/24
(Part I), chap. III) which confirmed that the promotion and protection of
human rights and fundamental freedoms is the first responsibility of
Governments and that the human person is the central subject of development,
and the Copenhagen Declaration and Programme of Action (United Nations
publication, Sales No. E.96.IV.8, chap. I, resolution 1, annexes I and II) and
its recommendation to States of the need to intervene in markets to prevent or
counteract market failure, promote stability and long term
investment, ensure
fair competition and ethical conduct, and harmonize economic and social
development,
Noting with concern the conclusions of the Trade and Development
Report 1997 published by the United Nations Conference on Trade and
Development (United Nations publication, Sales No. E.97.II.D.8), that since
the early 1980s the world economy has been characterized by rising inequality,
both between and within countries, that income gaps between North and South
have continued to widen, and that the income share of the richest 20 per cent
has risen almost everywhere while the income shares of both the poorest
20 per cent and the middle class have fallen,

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Noting also the conclusions of the Human Development Report 1997
published by the United Nations Development Programme (United Nations
publication, Sales No. E.97.IV.1), that although poverty has been dramatically
reduced in many parts of the world, a quarter of the world's people remain in
severe poverty, that human poverty constitutes a denial of human rights, that
unguided globalization had helped to reduce poverty in some of the largest and
strongest developing economies but had also produced “a widening gap between
winners and losers” among and within countries, and that to create
opportunities and not to lose them requires better management of
globalization, nationally and internationally,
Recalling the analysis of the effects of globalization contained in
both the addendum to the final report of the Special Rapporteur on the
relationship between the enjoyment of human rights, in particular economic,
social and cultural rights, and income distribution (E/CN.4/Sub.2/1998/8)
and the final report of the Special Rapporteur on the question of impunity of
perpetrators of human rights violations (economic, social and cultural rights)
(E/CN.4/Sub.2/1997/8),
Aware of the continuing negotiations in the Organization for Economic
Cooperation and Development on a Multilateral Agreement on Investment, and
of the widespread protests by civil society against the Agreement based on
concerns about its adverse effects on human rights, the environment and
sustainable development,
Concerned about the possible human rights implications of the
Multilateral Agreement on Investment and particularly about the extent to
which the Agreement might limit the capacity of States to take proactive steps
to ensure the enjoyment of economic, social and cultural rights by all people,
creating benefits for a small privileged minority at the expense of an
increasingly disenfranchised majority,
Noting the statement on globalization and economic, social and cultural
rights made by the Committee on Economic, Social and Cultural Rights during
its eighteenth session in May 1998, in which the Committee declared that the
realms of trade, finance and investment are in no way exempt from human rights
obligations and principles and that the international organizations with
specific responsibilities in these areas should play a positive and
constructive role in relation to human rights, and called in particular for a
careful study of the potential impact of the draft Multilateral Agreement on
Investment upon the enjoyment of economic, social and cultural rights,
Convinced of the need to reemphasize
the centrality and primacy
of human rights obligations in all areas of governance and development,
including international and regional trade, investment and financial policies,
agreements and practices,
1. Emphasizes that the realization of the human rights and
fundamental freedoms described in the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights, the

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International Covenant on Civil and Political Rights and other international
and regional human rights instruments is the first and most fundamental
responsibility and objective of States in all areas of governance and
development;
2. Urges United Nations agencies, including the International
Monetary Fund and the World Bank, to at all times be conscious of and respect
the human rights obligations of the countries with which they work;
3. Urges member States of the Organization for Economic Cooperation
and Development to review the draft text of the Multilateral Agreement on
Investment to ensure that all its provisions are fully consistent with their
human rights obligations, and to keep these obligations in mind during any
future negotiations on the Agreement;
4. Decides to entrust Mr. Joseph Oloka Onyango
and
Ms. Deepika Udagama with the task of preparing, without financial
implications, a working paper on ways and means by which the primacy of human
rights norms and standards could be better reflected in, and could better
inform, international and regional trade, investment and financial policies,
agreements and practices, and how the United Nations human rights bodies and
mechanisms could play a central role in this regard;
5. Requests Mr. Oloka Onyango
and Ms. Udagama to include in this
paper an analysis of the text of the Multilateral Agreement on Investment from
a human rights perspective, and to consider ways to ensure that future
negotiations on the Agreement or analogous agreements or measures take place
within a human rights framework;
6. Calls for the Office of the United Nations High Commissioner for
Human Rights urgently to develop appropriate expertise to address the human
rights implications of international and regional trade, investment and
financial policies, agreements and practices;
7. Encourages international, national and local human rights
nongovernmental
organizations to development awareness of international
trade, investment and financial policies, agreements and practices, and
capacity to effectively analyse and monitor the human rights impacts of such
policies, agreements and practices;
8. Asks the Committee on Economic, Social and Cultural Rights, and
other treaty bodies as appropriate, to include consideration of the human
rights impacts of international and regional trade, investment and financial
measures in their State reporting procedures.
27th meeting
20 August 1998
[Adopted without a vote. See chap. VI.]

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1998/13. Question of the impunity of perpetrators of violations
of economic, social and cultural rights
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1994/34 of 26 August 1994 in which it entrusted
Mr. El Hadji Guissé with the task of reporting to it on impunity in respect of
violations of economic, social and cultural rights, together with its
resolutions 1995/34 of 24 August 1995 and 1996/24 of 29 August 1996,
Considering that the Special Rapporteur submitted in 1995 a first
interim report on the question of the impunity of perpetrators of human rights
violations (economic, social and cultural rights) (E/CN.4/Sub.2/1995/19),
followed by a second interim report (E/CN.4/Sub.2/1996/15) in 1996 and the
final report (E/CN.4/Sub.2/1997/8) in 1997,
Recalling in particular its resolution 1997/20 of 27 August 1997 in
which it requested the Secretary-General to transmit the final report of the
Special Rapporteur to the Commission on Human Rights for consideration, and
recommended to the Commission on Human Rights that it consider the possibility
of appointing a special rapporteur of the Commission on the impunity of
perpetrators of violations of economic, social and cultural rights,
Recommends to the Commission on Human Rights to establish follow-up
machinery on the question of the impunity of perpetrators of violations of
economic, social and cultural rights.
27th meeting
20 August 1998
[Adopted without a vote. See chap. VI.]
1998/14. Human rights and income distribution
The SubCommission
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 every individual is
entitled to the full realization of economic, social and cultural rights,
Recalling the Declaration on the Right to Development (General Assembly
resolution 41/128 of 4 December 1986), the Vienna Declaration and Programme of
Action (A/CONF.157/24 (Part I), chap. III), and the results of the World
Summit for Social Development held in Copenhagen, and especially the
recommendations of its Programme of Action (United Nations publication, Sales
No. E.96.IV.8, chap. I, resolution 1, annex II),

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Recalling also the reports on the realization of economic, social and
cultural rights submitted by many special rapporteurs to the Sub-Commission
and to the Commission on Human Rights, in particular those submitted by
Mr. Danilo Türk, Mr. Asbjørn Eide, Mr. Mustapha Mehedi, Mr. Leandro Despouy
and Mr. El Hadji Guissé, as well as many other important reports on economic,
social and cultural rights,
Taking account of Mr. Eide's preparatory document on the relationship
between the enjoyment of human rights and income distribution
(E/CN.4/Sub.2/1994/21) and the reports submitted by Mr. José Bengoa,
Special Rapporteur on the relationship between the enjoyment of human rights,
in particular economic, social and cultural rights, and especially the
conclusions and recommendations of his final report (E/CN.4/Sub.2/1997/9) and
its addendum (E/CN.4/Sub.2/1998/8),
Concerned that the implementation of economic, social and cultural
rights has not yet received sufficient attention within the United Nations
human rights programme,
Considering that there should be within the United Nations system a
place for broader discussion and debates on economic, social and cultural
rights,
Taking account of the new challenges of the globalization process, of
the changes in the international order, and of the new actors in the
international and national economic and financial areas,
1. Welcomes the final report on the relationships between the
enjoyment of human rights, in particular economic, social and cultural rights,
and income distribution, submitted by the Special Rapporteur, Mr. José Bengoa,
and its addendum, entitled “Poverty, income distribution and globalization: a
challenge for human rights”;
2. Endorses the conclusion of the final report and especially the
recommendation to establish a Social Forum within the SubCommission;
3. Requests the United Nations High Commissioner for Human Rights
to publish, in a joint publication in the official languages of the
United Nations, the preparatory document on the relationship between the
enjoyment of human rights and income distribution (E/CN.4/Sub.2/1994/21),
submitted by Mr. Asbjørn Eide, Mr. Bengoa's preliminary report
(E/CN.4/Sub.2/1995/14), second report (E/CN.4/Sub.2/1996/14), final report
(E/CN.4/Sub.2/1997/9) and its addendum (E/CN.4/Sub.2/1998/8), under the title
Income Distribution and Human Rights;
4. Decides to submit to the Commission on Human Rights the following
draft resolution for adoption:
[For the text, see chap. I, sect. A.]
27th meeting
20 August 1998
[Adopted without a vote. See chap. VI.]

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1998/15. Women and the right to land,
property and adequate housing
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Recalling Commission on Human Rights resolution 1998/51 of 17 April 1998
calling for the integration of the human rights of women throughout the
United Nations system,
Recalling also Sub-Commission resolutions 1997/19 of 27 August 1997 and
1997/9 of 22 August 1997,
Recalling further the recognition and legal foundations of the right to
adequate housing contained in, inter alia, articles 7, 12, 17 and 25,
paragraph 1, of the Universal Declaration of Human Rights; article 2,
paragraph 2, and article 11, paragraph 1, of the International Covenant on
Economic, Social and Cultural Rights; article 2, paragraph 1, and articles 17
and 26 of the International Covenant on Civil and Political Rights; the
Optional Protocol to the International Covenant on Civil and Political Rights;
article 5 (e) (iii) of the International Convention on the Elimination of All
Forms of Racial Discrimination; articles 4 and 27 of the Convention on the
Rights of the Child and article 14, paragraph 2 (g) and (h) and article 16 (h)
of the Convention on the Elimination of All Forms of Discrimination against
Women,
Reaffirming the right to be free from discrimination based on sex and
the equal right of men and women to the enjoyment of all civil, cultural,
economic, political and social rights as stipulated in, inter alia, the
International Bill of Human Rights,
Bearing in mind the Habitat Agenda (A/CONF.165/14, chap. I, annex II),
adopted by the second United Nations Conference on Human Settlements
(Habitat II), and the Platform for Action of the Fourth World Conference on
Women (United Nations publication, Sales No. E.96.IV.13, chap. I,
resolution I, annex II),
Concerned that as a result of the discrimination faced by women with
respect to acquiring and securing land, property and housing, the number of
women living in poverty is increasingly disproportionate to the number of men
and that women's experiences of poverty are particularly severe and prohibit
women from escaping from the poverty trap,
Recognizing that the existence and perpetuation of gender biased
laws,
policies and traditions which deny women credit and loans and keep women from
owning and inheriting land, property and housing and which exclude women from
fully participating in development processes discriminate against women and
create insecure and inadequate housing and living conditions,
Deeply concerned that inadequate and insecure housing and living
conditions give rise to serious mental and physical health problems for women
and contribute to, cause and are often the result of violence against women,

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Stressing that the impact of discrimination and violence against women
on women's ability to gain access to and secure land, property and housing is
particularly acute for women who are internally displaced as a result of armed
conflict situations and development projects,
Concerned that international and regional trade, finance and investment
policies often increase gender inequality in terms of access to land,
property, housing and other productive resources and undermine women's
capacity to gain access to and retain these resources,
Mindful that women's inequality will not always be remedied by the
identical treatment of men and women and that adequate remedies may require
that women be treated differently from men based on a consideration of women's
specific socioeconomic
context,
1. Affirms that the discrimination faced by women with respect to
acquiring and securing land, property and housing, as well as financing for
land, property and housing, constitutes a violation of women's human rights to
equality, protection against discrimination and the equal enjoyment of the
right to an adequate standard of living, including adequate housing;
2. Strongly urges Governments to comply fully with all of their
international and regional obligations and commitments concerning women's
rights to land, property, inheritance, adequate housing, including security of
tenure, and an adequate standard of living;
3. Urges Governments to take all necessary measures in order to amend
and/or repeal laws and policies pertaining to land, property and housing which
deny women security of tenure and equal access and rights to land, property
and housing, to encourage the transformation of customs and traditions which
deny women security of tenure and equal access and rights to land, property
and housing, and to adopt and enforce legislation which protects and promotes
women's rights to own, inherit, lease or rent land, property and housing;
4. Encourages Governments, international agencies and
nongovernmental
organizations to provide judges, lawyers, political and
other public officials, community leaders and other concerned persons with
information and human rights education concerning women's rights to land,
property and housing;
5. Recommends that Governments, international financial institutions,
local lending agents, housing finance institutions and other credit facilities
review their policies and eliminate those which discriminate against women and
keep women from securing financial resources necessary to gain access to and
secure land, property and housing and, in this regard, that special
consideration be given to single women and households headed by women;
6. Calls upon the international trade, investment and financial
institutions, in particular the World Bank, the International Monetary Fund,
the World Trade Organization and the Organization for Economic Cooperation and
Development, to take fully into account the human rights implications for
women of their policies;
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7. Invites Governments, the United Nations Development Programme, the
Office of the United Nations High Commissioner for Human Rights, the Office of
the United Nations High Commissioner for Refugees, the United Nations Centre
for Human Settlements and the United Nations Development Fund for Women to
allocate resources for further documentation of the impact of internal
displacement as a result of armed conflict situations and development projects
on women, particularly with respect to women's access to land, property and
housing;
8. Invites the United Nations High Commissioner for Human Rights,
in pursuance of her mandate and in coordination with the appropriate
United Nations bodies, to undertake initiatives that promote women's rights to
land, property and an adequate standard of living, including adequate housing;
9. Invites the Committee on the Elimination of Discrimination against
Women to pay special attention to women's rights to land, property and an
adequate standard of living, including adequate housing, when examining States
parties' reports and to explore the possibility of adopting a general
recommendation on this theme as it relates, inter alia, to the provisions of
article 14 of the Convention on the Elimination of All Forms of Discrimination
against Women, with a view to clarifying the obligations of States parties to
the Convention in this respect;
10. Invites to the Committee on Economic, Social and Cultural Rights
to undertake a thorough discussion of the critical issue of the relationship
between women's rights to land and property and the International Covenant on
Economic, Social and Cultural Rights and to include the results of this
discussion in its general comment on women.
29th meeting
21 August 1998
[Adopted without a vote. See chap. VII.]
1998/16. Traditional practices affecting the health of women
and the girl child
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1997/8 of 22 August 1997,
Affirming that female genital mutilation is a cultural practice which
profoundly affects the physical and mental health of the girl child and of the
women who are its victims,
Recalling that the Universal Declaration of Human Rights, in its
article 5, and the International Covenant on Civil and Political Rights, in
its article 7, proclaim that no one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment,

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Taking note with appreciation of the second report on the situation
regarding the elimination of traditional practices affecting the health of
women and the girl child by the Special Rapporteur, Ms. Halima Embarek Warzazi
(E/CN.4/Sub.2/1998/11), and noting the poor response to her inquiries as well
as the lack of appropriate resources to effectively carry out her mandate to
follow up and monitor developments,
Sharing the Special Rapporteur's deep concern for the situation in many
countries where harmful traditional practices prevail,
Regretting the inadequate response from Governments in respect of the
Plan of Action adopted by the SubCommission
(E/CN.4/Sub.2/1994/10/Add.1
and Corr.1),
Emphasizing the centrality of the Plan of Action to the eradication of
harmful traditional practices and the relevance of the conclusions reached at
the regional seminars held in Burkina Faso (E/CN.4/Sub.2/1991/48) and
Sri Lanka in 1994 (E/CN.4/Sub.2/1994/10/Add.1 and Corr.1),
Recalling that the SubCommission
took the lead on the issue of harmful
traditional practices by adopting resolution 1983/1 of 31 August 1983 which
began the process of drawing world attention to the problems raised by some
traditional practices affecting the health of women and the girl child at a
time when the subject was considered taboo and rarely treated seriously within
the public domain,
Noting the report of the meeting of special rapporteurs/representatives,
experts and chairpersons of working groups of the special procedures of the
Commission on Human Rights and of the advisory services programme
(E/CN.4/1999/3, annex) which, inter alia, highlights the need for enhanced
cooperation on the part of all actors to ensure dissemination of the
recommendations of the special rapporteurs to a wider audience, especially
within other departments and agencies of the United Nations, and to assist in
encouraging States to implement the recommendations fully,
Expressing its satisfaction for the progress realized in certain
countries in the elimination of harmful traditional practices such as female
genital mutilation and encourages the Governments concerned to sustain their
efforts in this field,
Noting with satisfaction General Assembly resolution 52/99 of
12 December 1997 in which the Assembly decided to invite the Commission on
Human Rights to address this issue at its fifty-fourth
session and to
request the Secretary-General
to report to the General Assembly at its
fifty-third
session on the implementation of the resolution,
1. Appeals to all States concerned to intensify efforts to develop
awareness of and mobilize national public opinion concerning the harmful
effects of the practice of female genital mutilation, in particular through
education, information and training, in order to achieve its total
elimination;

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2. Appeals to the international community to provide material,
technical and financial support to the nongovernmental
organizations and
groups working with dedication to achieve the total elimination of this
cultural practice which is harmful to girl children and women;
3. Commends the intergovernmental organizations concerned for their
important contribution to the efforts to eliminate harmful traditional
practices and invites them to continue their activities aimed at supporting
and strengthening the efforts being made by national and local organizations
engaged in this struggle;
4. Calls upon all States to give their full attention to the
implementation of the Plan of Action on the elimination of traditional
practices affecting the health of women and children and requests the
Secretary-General
to invite them to submit to the SubCommission
regular
information on the situation regarding traditional practices in their country;
5. Recommends that the mandate of the Special Rapporteur be extended
to ensure the completion of her task as called for in its resolution 1996/19
of 19 August 1996 and at the same time to enable her to follow up recent
developments at all levels, including the General Assembly;
6. Recommends that adequate administrative services be provided to
ensure that the work required of the Special Rapporteur can take place with a
reasonable chance of success;
7. Recommends that the High Commissioner for Human Rights recognize
that the issue of traditional practices is a matter for both research and
programme activities;
8. Recommends that appropriate resources be made available to allow
the Special Rapporteur to adequately follow up progress relating to the
implementation of the Plan of Action;
9. Requests the Special Rapporteur to submit her report on the
followup
to the implementation of the Plan of Action to the SubCommission
at
its fiftyfirst
session;
10. Decides to continue its consideration of this question at its
fiftyfirst
session under the same agenda item;
11. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 3.]
29th meeting
21 August 1998
[Adopted without a vote. See chap. VII.]

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1998/17. Situation of women in Afghanistan
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Guided by the spirit of the Charter of the United Nations, the Universal
Declaration of Human Rights and the International Covenants on Human Rights,
and bearing particularly in mind article 13, paragraphs 1 and 2, of the
Universal Declaration of Human Rights and article 12, paragraphs 1, 2 and 3,
of the International Covenant on Civil and Political Rights which guarantee
that everyone shall have the right to complete freedom of movement within the
territory in which he/she is a lawful resident, and that everyone shall be
free to leave any country, including his/her own,
Mindful of the provisions of the Convention on the Elimination of All
Forms of Discrimination against Women and the Convention on the Political
Rights of Women,
Noting the recommendation contained in article 3, paragraph 3, of the
World Declaration on Education for All, adopted by the World Conference on
Education for All: Meeting Basic Needs, held in Jomtien, Thailand, in
March 1990, which states that the most urgent priority is to ensure access to,
and improve the quality of, education for girls, and of article 28,
paragraph 1, of the Convention on the Rights of the Child, which stipulates
that States shall recognize the right of all children to education and to
have, on the basis of equal opportunity, universal access to primary
education,
Deeply concerned at the situation of the female population of Kabul and
the other parts of Afghanistan controlled by the Taliban,
Dismayed by the Taliban's claim that Islam supports their policies
concerning women,
Fully aware that the Cairo Declaration on Human Rights in Islam, adopted
by the Organization of the Islamic Conference in 1990, guarantees the rights
of women in all fields,
Aware that the Special Rapporteur on the situation of human rights in
Afghanistan, in his report to the Commission on Human Rights at its
fifty-fourth
session (E/CN.4/1998/71), dealt with the general situation in the
country, including briefly with the situation of women, but concerned that the
Commission has not given the required attention to human rights in relation to
women and girls, as requested in the Beijing Declaration and Platform for
Action (United Nations publication, Sales No. E.96.IV.13, chap. I,
resolution 1, annexes I and II),
1. Takes note of the numerous reports dealing with the unprecedented
and extremely difficult situation of women in Kabul and the other parts of
Afghanistan controlled by the Taliban, in particular widows who cannot support
themselves because they are not permitted to work or to benefit from
humanitarian assistance, which is given only to men;

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2. Expresses its deep concern at the continuous suffering of Afghan
women under the prohibitions placed upon them by the Taliban, which include
confinement to the home and other restrictions on their freedom of movement,
as well as denial of the right to work, denial of education and limitations on
their access to medical care;
3. Considers that the current policies of the Taliban as regards the
female population of the territories under their control constitute a flagrant
violation of the principles of Islam and international law;
4. Calls upon Muslim religious leaders and scholars to give special
attention to the plight of women in Afghanistan with a view to bringing the
policies and practices of the Taliban into line with the true spirit of Islam
and human rights law;
5. Appeals to all States not to encourage the Taliban by extending
diplomatic recognition to them, and appeals to commercial enterprises to
refrain from entering into financial agreements with the regime until the
Taliban ends its discriminatory treatment of women;
6. Requests the Secretary-General
to provide the SubCommission
with
all relevant information on this question that is available within the
United Nations system;
7. Decides to continue consideration of this question at its
fiftyfirst
session under the same agenda item.
29th meeting
21 August 1998
[Adopted without a vote. See chap. VII.]
1998/18. Systematic rape, sexual slavery and slavery like
practices during armed conflict, including
internal armed conflict
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1993/24 of 25 August 1993 and its
decision 1994/109 of 19 August 1994, establishing the mandate and the
framework for the study on systematic rape, sexual slavery and slavery like
practices during armed conflict, including internal armed conflict, as well as
Commission on Human Rights decision 1994/103 of 4 March 1994,
Taking note in particular of its decision 1997/114 of 27 August 1997, in
which the SubCommission
entrusted Ms. Gay J. McDougall with the task of
completing the study and to submit it to the SubCommission
at its
fiftieth session,

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Welcoming the provisions of the Rome Statute of the International
Criminal Court, adopted on 17 July 1998 at the United Nations Conference of
Plenipotentiaries, which specifically recognize that sexual violence and
sexual slavery committed in the context of either an internal or an
international armed conflict may constitute crimes against humanity and war
crimes falling within the jurisdiction of the Court,
Encouraged that the Rome Statute of the International Criminal Court
also devotes useful attention to the protection and rehabilitation of victims
of sexual violence, along with significant protections for the collection of
evidence and the testimony of witnesses in cases involving gender related
violence and sexual slavery,
Welcoming with great interest the final report on systematic rape,
sexual slavery and slavery like
practices during armed conflict, including
internal armed conflict (E/CN.4/Sub.2/1998/13),
1. Expresses its appreciation to the Special Rapporteur for having
completed this study in a timely fashion and at a crucial point in the
development of international criminal law;
2. Endorses the accepted view that regardless of whether sexual
violence in armed conflict occurs on an apparently sporadic basis or as
part of a comprehensive plan to attack and terrorize a targeted population,
all acts of sexual violence, in particular during armed conflicts and
including all acts of rape and sexual slavery, must be condemned and
prosecuted;
3. Reiterates the study's conclusion that the existing international
legal frameworks of humanitarian law, human rights law and criminal law
clearly prohibit and criminalize sexual violence and sexual slavery in all
circumstances;
4. Strongly endorses the Special Rapporteur's call for national and
international responses to the increasing occurrence during armed conflicts,
including internal armed conflicts, of acts of sexual violence and sexual
slavery;
5. Calls upon all States to enact and enforce legislation
incorporating relevant international criminal law into their municipal legal
systems to allow for the effective prosecution in municipal courts of all acts
of sexual violence committed during armed conflict;
6. Also calls upon all States to consider enacting legislation as
required by the Geneva Conventions of 12 August 1949 to provide jurisdiction
in their municipal courts for serious international crimes committed in other
States, thereby increasing the potential venues in which acts of sexual
violence may be prosecuted;

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7. Affirms at the same time that all States must ensure that their
legal systems at all levels conform to their international obligations and are
capable of adjudicating international crimes and administering justice without
gender bias;
8. Recognizes the need to support and strengthen the ability of the
International Criminal Court to prosecute all cases of sexual violence
committed during armed conflicts as human rights and humanitarian law
violations;
9. Reiterates that States must respect their international
obligations to prosecute perpetrators and compensate all victims of human
rights and humanitarian law violations;
10. Welcomes the recommendation of the final report that it would be
useful for the United Nations to organize an expert meeting in 1999 to adopt
guidelines for the effective prosecution of international crimes of sexual
violence at both national and international levels, with the participation of
United Nations organs dealing with human rights, specialized agencies, members
of the established international tribunals, a diverse group of legal
practitioners representing the world's judicial systems, and relevant
governmental and nongovernmental
experts and organizations;
11. Requests the Secretary-General
to transmit the final report of the
Special Rapporteur to Governments, competent bodies of the United Nations,
specialized agencies, regional intergovernmental organizations, the
International Tribunal for Rwanda and the International Criminal Tribunal for
the former Yugoslavia, and to the Assembly of States Parties of the
International Criminal Court;
12. Recommends that the final report of the Special Rapporteur be
published by the United Nations in all the official languages and widely
distributed by the Office of the United Nations High Commissioner for Human
Rights;
13. Requests that the Special Rapporteur's mandate be extended for a
further year and that Ms. McDougall, as Special Rapporteur, submit an update
on recent developments with respect to her mandate to the SubCommission
at
its fiftyfirst
session, under the same agenda item;
14. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 4.]
29th meeting
21 August 1998
[Adopted without a vote. See chap. VIII.]

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1998/19. 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 twenty-third session (E/CN.4/Sub.2/1998/14) and, in particular,
the recommendations contained in chapter VI,
Deeply concerned at the information it contains relating to the
exploitation of domestic and migrant workers, slave and child labour, the
sexual exploitation of children and the exploitation of the prostitution of
others, and the illegal activities of certain religious and other sects,
Noting that the status of ratification of the Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery of 1956 and the Convention for the Suppression of the
Traffic in Persons and of the Exploitation of the Prostitution of Others of
1949 is still unsatisfactory,
Considering the necessity of promoting the implementation of
international norms and standards on trafficking in persons and exploitation
of the prostitution of others, and of creating a mechanism for the
implementation of the Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of Others,
Acknowledging that the Internet can be a valuable medium of
communication, and noting that article 19 of the Universal Declaration of
Human Rights identifies the right to freedom of expression as a fundamental
human right and that all recommendations must be implemented to protect this
right,
1. Expresses its appreciation to the Working Group on Contemporary
Forms of Slavery for its valuable work and in particular for its continued
attention to the problems submitted to it;
2. Recommends once again that the General Assembly express its
solidarity with the victims of contemporary forms of slavery by proclaiming
2 December as the international day for the abolition of slavery in all its
forms;
I. TRAFFIC IN PERSONS AND EXPLOITATION OF THE PROSTITUTION OF OTHERS
3. Urges States to address the factors contributing to the traffic in
persons and the exploitation of the prostitution of others;
4. Encourages States to enact and revise national laws to ensure
adequate protection and assistance to victims and survivors of trafficking and
the exploitation of prostitution, to develop and enforce laws and law
enforcement strategies that depenalize these victims while penalizing those
who exploit them, to provide for a system of civil compensation from their

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exploiters and to promote the reintegration of the victims and survivors of
trafficking and related practices of sexual exploitation through the provision
of shelter, counselling, medical care, legal services, education, job training
and employment;
5. Also encourages States to review, amend and enforce existing laws
or to enact new laws on trafficking, the exploitation of prostitution, forced
labour and slavery-like practices to ensure that prosecution and punishment
are appropriate to the seriousness of the crime;
6. Urges States to strengthen the monitoring, prosecution and
punishment of police and government officials who are responsible for
complicity in trafficking and the exploitation of prostitution, as well as to
adopt policies for active monitoring, prosecution and punishment of such
activities;
7. Once again invites States to formulate training manuals for law
enforcement and medical personnel and judicial officers who handle cases of
gender-based violence, taking into account current research and materials on
traumatic stress and gender-sensitive counselling techniques, with a view to
sensitizing them to the needs of the victims;
8. Encourages States to facilitate, through financial support and
other means, the efforts of non-governmental organizations in their work in
this field;
9. Also encourages States to collaborate with non-governmental
organizations which have expertise in the field to develop national plans of
action in accordance with the 1996 Programme of Action for the Prevention of
the Traffic in Persons and the Exploitation of the Prostitution of Others
(E/CN.4/Sub.2/1995/28/Add.1), to ensure the coordination of laws and
implementing agencies relevant to the prevention of trafficking and the
exploitation of prostitution and the empowerment of their victims and
survivors, and to transmit such plans of action to the Working Group on
Contemporary Forms of Slavery for its consideration;
10. Invites the Committee on the Elimination of Discrimination against
Women and the Committee on the Rights of the Child to elaborate general
recommendations to clarify State reporting procedures with regard to the
traffic in persons and related practices of sexual exploitation;
11. Decides to follow closely the work being done on the proposed
optional protocol to the Convention on the Elimination of All Forms of
Discrimination against Women and the proposed optional protocol to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography;
12. Invites States, United Nations bodies, specialized agencies and
intergovernmental, regional and non-governmental organizations to provide
information to the Working Group at its twenty-fourth session on aspects of
trafficking and the exploitation of the prostitution of others, as well as the
measures taken or necessary to implement the 1996 Programme of Action;

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13. Expresses its appreciation to the Special Rapporteur on the sale
of children, child prostitution and child pornography for her role in making
the sexual exploitation of children a matter of national and international
concern and priority;
14. Invites the Special Rapporteur on the sale of children, child
prostitution and child pornography to continue to address, within her mandate,
the problem of trafficking and related practices of exploitation and to
recommend specific measures to strengthen the regime against the traffic in
persons and the exploitation of the prostitution of others;
15. Invites the Special Rapporteur on violence against women to follow
up her investigation on the traffic in women and girls and related sexual
exploitation as reflected in her report to the Commission on Human Rights at
its fifty-third session (E/CN.4/1998/54 and Add.1) and to conduct studies and
engage in a consultative process with Governments, non-governmental
organizations and other interested persons on issues such as: (a) an
assessment of the global sex industry and measures to identify and penalize
the perpetrators of the global sex trade; (b) the legal status of prostitution
and the decriminalization of the victims of trafficking and the exploitation
of prostitution; (c) international standards regarding the prevention of
trafficking and related practices of sexual exploitation and the protection of
its victims; (d) the rights of victims and survivors of trafficking and the
exploitation of prostitution, including the right to compensation from their
exploiters; and (e) the responsibility of the customer in creating a demand
for trafficking and the exploitation of the prostitution of others;
16. Decides that the Working Group on Contemporary Forms of Slavery
should examine during its twenty-fourth session in 1999, as a matter of
priority and with the active participation of non-governmental organizations,
the issue of the traffic in persons and the exploitation of the prostitution
of others;
17. Invites the Special Rapporteur on violence against women and the
Special Rapporteur on the sale of children, child prostitution and child
pornography to make their contribution to the debate on the traffic in persons
and the exploitation of the prostitution of others;
18. Encourages all interested States, United Nations bodies,
specialized agencies, international, regional and non-governmental
organizations and interested persons to participate actively in the debate;
19. Welcomes the initiative of non-governmental organizations to
organize, without financial implications for the United Nations, a seminar on
the issue of the traffic in persons and the exploitation of the prostitution
of others, to take place immediately prior to the debate on the issue during
the twenty-fourth session of the Working Group;

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II. PREVENTION OF THE TRANS-BORDER TRAFFIC IN WOMEN AND GIRLS
FOR SEXUAL EXPLOITATION
20. Declares that trans-border trafficking of women and girls for
sexual exploitation is a contemporary form of slavery and constitutes a
serious violation of human rights;
21. Recommends that States take immediately effective measures to
suppress the trans-border traffic of women and girls for sexual exploitation
by rigorously applying relevant provisions of applicable treaties and
conventions, customary international law and national legislation;
22. Urges States to review and amend existing laws or to enact new
laws to arrest, prosecute and punish the perpetrators of the trans-border
traffic of women and girls for sexual exploitation;
23. Requests States to take appropriate legislative, administrative
and judicial measures to extend full protection to the victims of trans-border
trafficking of women and girls for sexual exploitation, regardless of their
nationality, national origin, citizenship, or their legal status as aliens
through measures such as depenalizing the victims and providing them with
adequate shelter, food, clothing, medical care, counselling, legal services,
education, job training and employment;
24. Also requests States to cooperate, bilaterally and multilaterally,
to monitor and combat effectively trans-border trafficking of women and girls
for sexual exploitation;
25. Recommends that the Special Rapporteur on the sale of children,
child prostitution and child pornography and the Special Rapporteur on
violence against women address, within their respective mandates, the problem
of the trans-border traffic of women and girls for sexual exploitation and
make recommendations to prevent and eradicate this problem;
26. Calls upon States, United Nations bodies, specialized agencies and
international, regional and non-governmental organizations to cooperate in
monitoring the problem of the trans-border traffic in women and girls for
sexual exploitation and in identifying areas for immediate action,
particularly with regard to the protection and empowerment of its victims;
III. THE ROLE OF CORRUPTION IN THE PERPETUATION OF SLAVERY
AND SLAVERY-LIKE PRACTICES
27. Urges all States to take adequate steps to monitor and enforce
laws, particularly as they relate to slavery, slavery-like practices and
corruption, including trafficking in women and children;
28. Urges States to examine and analyse the causes and the
consequences of corruption and to take steps to eradicate the root causes;

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29. Encourages existing international arrangements which aim to
improve the training and professionalism of law enforcement personnel as well
as their respect for human rights;
30. Decides to consider further and in depth the extent and severity
of corruption and the relationship of corruption to slavery and slavery-like
practices;
IV. MISUSE OF THE INTERNET FOR THE PURPOSE OF SEXUAL EXPLOITATION
31. Recommends that Governments, as a matter of priority, review,
amend and enforce existing laws or enact new laws to prevent the misuse of the
Internet for trafficking, prostitution and the sexual exploitation of women
and children;
32. Recommends that Governments and non-governmental organizations
undertake further investigation of the misuse of the Internet for the purpose
of promoting and/or carrying out trafficking, prostitution and the sexual
exploitation of women and children;
33. Urges Governments to act more forcefully to eliminate the traffic
in persons, the exploitation of the prostitution of others and sexual
exploitation on the Internet;
34. Recommends that Governments and non-governmental organizations
develop and implement educational programmes and policies and laws addressing
the use of the Internet for the purpose of engaging in sexual exploitation;
35. Recommends that Governments investigate and use as evidence of
crimes and acts of discrimination advertising, correspondence and other
communications over the Internet to promote sex trafficking, the exploitation
of prostitution, sex tourism, bride trafficking and rape;
36. Calls for new levels of cooperation among Governments and national
and regional law enforcement bodies in order to combat the escalating
trafficking and prostitution of women and children, the globalization of this
industry, and the misuse of the Internet to promote and carry out acts of sex
trafficking, sex tourism, sexual violence and sexual exploitation;
V. IMPLEMENTATION OF THE CONVENTIONS ON SLAVERY
37. Recognizes the particular problem raised by the implementation of
the provisions of these instruments for both States parties and the
United Nations human rights mechanisms, as well as the limited progress made
so far;
38. Calls upon Governments to recognize and accept national
nongovernmental
organizations as privileged partners in cooperation for the
purpose of identifying solutions aimed at eradicating all forms of slavery and
slaverylike
practices;

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VI. CHILD DOMESTIC WORKERS
39. Expresses its appreciation to the International Labour
Organization for hosting the non-governmental round-table discussion on
“Invisible child labour: girls and domestic workers” during the 1998
International Labour Conference;
40. Urges States, while attempting ultimately to eliminate the
phenomenon of child domestic labour, to adopt and enforce measures and
regulations to protect child domestic workers and to ensure that their labour
is not exploited;
41. Recommends that the International Labour Organization continue to
focus on the issue of child domestic workers and that the subject of child
domestic work be more explicitly addressed in the future convention on
intolerable forms of child labour;
42. Also recommends that the International Labour Organization
establish additional country programmes within its International Programme on
the Elimination of Child Labour;
43. Expresses its deep appreciation to the Governments which have
generously contributed to the International Programme on the Elimination of
Child Labour and calls upon all Governments to make additional contributions
to the Programme;
VII. CHILD LABOUR - A GENDER PERSPECTIVE
44. Welcomes the proposal for new international labour standards on
intolerable forms of child labour;
45. Urges the International Labour Organization, when defining
intolerable forms of child labour as part of the new labour standards it is
preparing, to consider the situation of girls doing domestic work;
46. Calls upon States to eliminate all discrimination against girls in
education, skills development and training;
47. Requests States to enforce laws and regulations which ensure that
no girl of primary-school age is employed as a domestic;
48. Invites the international community to cooperate in developing
viable alternatives to child labour, in particular for young girls;
VIII. DEBT BONDAGE AND BONDED LABOUR
49. Notes with satisfaction that some countries have taken action to
end debt bondage, the rehabilitation programmes of the Government of India and
the special investigative team authorized by the Government of Brazil being
good examples;

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50. Urges States to enact specific legislation to define the offence
of debt bondage and to provide for the punishment of those responsible and for
the rehabilitation of the victims;
51. Urges States to support rehabilitation of the victims of debt
bondage through economic, social and educational programmes;
52. Recommends that the countries in which debt bondage occurs be
invited to attend the Working Group on Contemporary Forms of Slavery in order
to facilitate dialogue and the consideration of best practice;
53. Invites the International Labour Organization, the World Bank, the
International Monetary Fund, the World Trade Organization and other
international bodies to consider debt bondage when they establish their
policies;
54. Recommends that Governments cooperate with trade unions and
employers' organizations at the national level to address the problem of
bonded labour and that trade unions and employers' organizations at the local,
national and international levels utilize the existing structures of the
International Labour Organization dealing with violations of the relevant
conventions concerning forced labour, and encourages concerned
nongovernmental
organizations to strengthen their activities for
disseminating information and advising trade unions in this regard;
55. Invites international bodies to investigate the role of
microcredit
as a mechanism for the eradication of debt bondage;
56. Expresses its deep appreciation to the States and nongovernmental
organizations which have developed and generously contributed to programmes
supporting the economic and social rehabilitation of bonded labourers;
IX. PROGRAMME OF ACTION FOR THE PREVENTION OF THE SALE OF
CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
57. Expresses its concern at the persistence and growth of the sale of
children, child prostitution and child pornography, and its belief that these
phenomena must be combated;
58. Requests the Secretary-General to invite all States to inform the
Working Group on Contemporary Forms of Slavery of measures adopted to
implement the Programme of Action for the Prevention of the Sale of Children,
Child Prostitution and Child Pornography and to report thereon to the
Commission on Human Rights at its fifty-sixth session and to the
SubCommission
at its fifty-second session;
X. MISCELLANEOUS
59. Requests the Secretary-General to seek the views and suggestions
of Member States and of intergovernmental and non-governmental organizations

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on proposals for future action of the Working Group on Contemporary Forms of
Slavery with a view to their replies being considered at forthcoming sessions
of the Working Group;
60. Appeals to all Governments to send observers to the meetings of
the Working Group;
61. Encourages youth organizations and young persons from various
nongovernmental
organizations to participate in the meetings of the Working
Group;
62. 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, and include in their guidelines an item concerning contemporary
forms of slavery;
63. Recommends that the supervisory bodies of the International Labour
Organization 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 protection of children and other persons 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;
64. Requests the Secretary-General to transmit to the committees
mentioned above, the special rapporteurs concerned and the Working Group on
Enforced or Involuntary Disappearances the recommendations of relevance to
them and the report of the Working Group on Contemporary Forms of Slavery;
65. Welcomes once again the adoption by the Commission on Human Rights
of resolution 1996/61 of 23 April 1996, in which the Commission requested
the Secretary-General
to give effect to his decision to reassign to the
Working Group a Professional staff member of the Office of the United Nations
High Commissioner for Human Rights, as was the case in the past, to work on a
permanent basis to ensure continuity and close coordination within and outside
the Office on issues relating to contemporary forms of slavery;
66. Again requests the Secretary-General to designate the Office of
the United Nations High Commissioner for Human Rights as the focal point for
the coordination of activities and the dissemination of information within the
United Nations system on the suppression of contemporary forms of slavery;
67. Recalls that the Economic and Social Council, in its
resolution 1993/48 of 28 July 1993, approved the endorsement by the Commission

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on Human Rights of the recommendation made by the Sub-Commission, in its
resolution 1992/2 of 14 August 1992, that the arrangements regarding the
organization of the sessions of the Working Group, as contained in Commission
decision 1992/115 of 3 March 1992, be repeated in subsequent years;
68. Decides to make provision in its agenda for adequate discussion
near the commencement of each session of the report of the Working Group,
thereby strengthening its involvement in the activities of the Working Group.
29th meeting
21 August 1998
[Adopted without a vote. See chap. VIII.]
1998/20. United Nations Voluntary Trust Fund on
Contemporary Forms of Slavery
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Recalling General Assembly resolution 46/122 of 17 December 1991 by
which it established the United Nations Voluntary Trust Fund on Contemporary
Forms of Slavery to assist representatives of nongovernmental
organizations
to participate in the deliberations of the Working Group on Contemporary Forms
of Slavery by providing them with financial assistance and to extend, through
established channels of assistance, humanitarian, legal and financial aid to
individuals whose human rights have been severely violated as a result of
contemporary forms of slavery,
Recalling also the close relationship between the mandate and activities
of the Working Group and those of the Board of Trustees of the Trust Fund and
the necessary cooperation between them,
Welcoming Commission on Human Rights resolution 1997/20 of 11 April 1997
requesting the Secretary-General
to transmit to Governments an appeal for
contributions to the Fund,
Concerned at the insufficiency of contributions to the Fund, which
prevents it from effectively fulfilling its mandate,
1. Notes with satisfaction the participation of the representatives
of nongovernmental
organizations financed by the United Nations Voluntary
Trust Fund on Contemporary Forms of Slavery and their valuable contribution to
the work of the Working Group on Contemporary Forms of Slavery at its
twenty-third
session;
2. Expresses its appreciation for the contributions made by donors;
3. Encourages the activities of those nongovernmental
organizations
financed by the Fund;

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4. Expresses its support for the work of the members of the Board of
Trustees of the Fund, in particular their fundraising
activities;
5. Urges all Governments, nongovernmental
organizations, other
private and public entities and individuals to contribute annually to the Fund
in order to enable the Fund to fulfil its mandate effectively;
6. Encourages all donors who have pledged a contribution to the Fund
to contribute as soon as possible;
7. Emphasizes the need for contributions to the Fund on a regular
basis and, if possible, before the end of the current year, in order to enable
the Board of Trustees to recommend grants to assist representatives of
organizations to participate in the deliberations of the Working Group on
Contemporary Forms of Slavery at its twenty-fourth
session and to finance
projects of humanitarian assistance by nongovernmental
organizations in the
field;
8. Invites the members of the Board of Trustees of the Fund in a
position to do so to participate at the twenty-fourth
session of the Working
Group;
9. Decides to continue to examine the situation and the activities of
the Fund at its fiftyfirst
session under the same agenda item.
29th meeting
21 August 1998
[Adopted without a vote. See chap. VIII.]
1998/21. Study on indigenous land rights
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Acknowledging that indigenous peoples in many countries have been
deprived of their human rights and fundamental freedoms and that many of the
human rights problems faced by indigenous peoples are linked to the historical
and continuing deprivation of ancestral rights over lands, territories and
resources,
Recognizing the profound spiritual, cultural, social and economic
relationship that indigenous peoples have to their total environment and the
urgent need to respect and recognize the rights of indigenous peoples to their
lands, territories and resources,
Acknowledging that lack of secure land rights, in addition to continued
instability of State land tenure systems and impediments to efforts for the
promotion and protection of indigenous communities and the environment, are
imperilling the survival of indigenous peoples,

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Recognizing that United Nations organs and Member States have
increasingly acknowledged that land and natural resources are essential to the
economic and cultural survival of indigenous peoples, and that some States
have enacted legal measures that uphold indigenous land rights or
have established procedures for arriving at legally binding agreements on
indigenous landrelated
issues,
Mindful of the development of relevant international standards and
programmes which promote and affirm the rights of indigenous peoples to
their lands and resources, in particular, the Indigenous and Tribal Peoples
Convention, 1989 (No. 169) of the International Labour Organization, Agenda 21
adopted by the United Nations Conference on Environment and Development
(United Nations publication, Sales No. E.93.I.8 and corrigenda, vol. I,
resolution 1, annex II), World Bank Operational Directive 4.20, the draft
Inter American
declaration on the rights of indigenous peoples developed by
the Inter American
Commission on Human Rights of the Organization of American
States, and the draft United Nations declaration on the rights of indigenous
peoples,
Recognizing that despite these international and national advances,
problems continue to abound which impede the effective enjoyment of indigenous
land rights,
Recalling that many States in which indigenous peoples live have yet to
enact laws or policies regarding indigenous land claims or in other instances
have not provided adequate implementing mechanisms concerning indigenous land
rights that are mutually acceptable to the parties concerned,
Noting the important working paper prepared by Mrs. EricaIrene
Daes
(E/CN.4/Sub.2/1997/17 and Corr.1), which was considered by the SubCommission
at its fortyninth
session,
Recalling its resolution 1996/38 of 29 August 1996 in which it
recommended to the Commission on Human Rights the appointment of Mrs. Daes as
Special Rapporteur to conduct a comprehensive study on indigenous land rights,
Recalling also decision 1997/114 of 11 April 1997 of the Commission on
Human Rights and decision 1997/289 of 22 July 1997 of the Economic and Social
Council, by which Mrs. Daes was appointed as Special Rapporteur with the
mandate to prepare two working papers on indigenous peoples and their
relationship to land with a view to suggesting practical measures to address
ongoing problems in this regard,
Having heard the comprehensive and important introductory statement of
the Special Rapporteur on indigenous peoples and their relationship to land,
Having considered the comprehensive progress report on the working paper
on indigenous peoples and their relationship to land submitted by the Special
Rapporteur (E/CN.4/Sub.2/1998/15),

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1. Expresses its deep appreciation and thanks to the Special
Rapporteur, Ms. EricaIrene
Daes, for her introductory statement and her
progress report on the working paper on indigenous peoples and their
relationship to land;
2. Requests the Secretary-General
to transmit as soon as possible
the progress report on the working paper on indigenous people and their
relationship to land, together with the preliminary working paper on the same
topic (E/CN.4/Sub.2/1997/17 and Corr.1), to Governments, indigenous peoples
and intergovernmental and nongovernmental
organizations for their comments,
data and suggestions;
3. Requests the Special Rapporteur to prepare her final working paper
on the basis of the comments and information received from Governments,
indigenous peoples and others and to submit it to the Working Group on
Indigenous Populations at its seventeenth session and to the SubCommission
at its fiftyfirst
session;
4. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 5.]
29th meeting
21 August 1998
[Adopted without a vote. See chap. IX.]
1998/22. International Decade of the World's Indigenous People
The SubCommission
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 distinction as to race, sex,
language or religion,
Recalling General Assembly resolution 48/163 of 21 December 1993, in
which the Assembly proclaimed the International Decade of the World's
Indigenous People,
Recalling also that the goal of the Decade is the strengthening of
international cooperation for the solution of problems faced by indigenous
peoples in such areas as human rights, the environment, development, education
and health,
Recalling further General Assembly resolution 50/157 of
21 December 1995, in which the Assembly adopted the comprehensive programme of
activities for the International Decade of the World's Indigenous People,

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Recalling the requests by the General Assembly, in it resolutions 50/157
and 52/108 of 12 December 1997, to assess the objectives of the Decade by
quantifiable outcomes that will improve the lives of indigenous peoples and to
evaluate the objectives halfway through the Decade and at its end,
Having considered the report of the Working Group on Indigenous
Populations on its sixteenth session (E/CN.4/Sub.2/1998/16),
1. Welcomes the observance of the International Day of the World's
Indigenous People on 9 August;
2. Recommends that the celebration of the International Day of the
World's Indigenous People be held on the first day of the seventeenth session
of the Working Group on Indigenous Populations in order to ensure as great a
participation of indigenous peoples as possible;
3. Welcomes the decision by the General Assembly in its
resolution 52/108 of 12 December 1997 to appoint the United Nations High
Commissioner for Human Rights as Coordinator for the International Decade of
the World's Indigenous People;
4. Recommends that the Coordinator for the Decade consider holding a
special fundraising
meeting with interested permanent missions and the
members of the Advisory Group to encourage financial contributions to the
Voluntary Fund for the Decade and the United Nations Voluntary Fund for
Indigenous Populations, as well as the appointment of qualified staff,
including indigenous persons, to assist with the work of the Office of the
United Nations High Commissioner for Human Rights relating to the indigenous
programme;
5. Urges Governments and intergovernmental and nongovernmental
organizations to contribute to the Voluntary Fund for the Decade established
by the Secretary-General,
and invites indigenous organizations to do likewise;
6. Recommends that attention continue to be given to improving the
extent of the participation of indigenous peoples in planning and implementing
the activities of the Decade;
7. Also recommends that in accordance with General Assembly
resolution 50/157 of 21 December 1995, the draft United Nations declaration on
the rights of indigenous peoples be adopted as early as possible during the
International Decade;
8. Welcomes Commission on Human Rights resolution 1998/20 of
9 April 1998 in which the Commission decided to establish an open-ended
intersessional
ad hoc working group on the permanent forum for indigenous
peoples in the United Nations system;
9. Recommends that the permanent forum be established as soon as
possible in the course of the Decade with functions that do not duplicate

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those already conferred on the Working Group on Indigenous Populations,
financed through the regular budget of the United Nations and securing full
participation of all interested indigenous peoples;
10. Congratulates the Advisory Group for the Voluntary Fund for the
Decade for the work it has accomplished, for its initiatives and for the
transparency of its working methods and decisions;
11. Expresses its appreciation to the Government of Spain for hosting
the Workshop of Indigenous Journalists in January 1998;
12. Encourages the High Commissioner for Human Rights to consider
organizing a followup
workshop to put into practice the recommendations
arising from the Workshop;
13. Recommends that the Commission on Human Rights request the
Economic and Social Council to authorize the Office of the United Nations
High Commissioner for Human Rights to organize a threeday
technical meeting
immediately prior to the seventeenth session of the Working Group on
Indigenous Populations in order to undertake the midpoint
review of the
Decade;
14. Emphasizes the importance of ensuring the largest possible
indigenous participation at the technical meeting;
15. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 6.]
29th meeting
21 August 1998
[Adopted without a vote. See chap. IX.]
1998/23. Working Group on Indigenous Populations
The SubCommission
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,
Reaffirming the urgent need to recognize, promote and protect more
effectively the human rights and fundamental freedoms of indigenous peoples,

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Recalling Economic and Social Council resolution 1982/34 of 7 May 1982,
in which the Council authorized the SubCommission
to establish annually a
working group on indigenous populations,
Taking note with appreciation of the report of the Working Group on
Indigenous Populations on its sixteenth session (E/CN.4/Sub.2/1998/16) and, in
particular, of its conclusions and recommendations,
Recalling Commission on Human Rights resolution 1993/30 of 5 March 1993,
in which the Commission recommended to all thematic rapporteurs, special
representatives, independent experts and working groups to pay special
attention, within the framework of their mandates, to the situation of
indigenous people,
Welcoming the decision of the Working Group on Indigenous Populations to
highlight the specific theme of “Indigenous peoples education
and language”
during its sixteenth session and the fruitful discussions on this theme and on
indigenous peoples' health, standard setting
exercises, the permanent forum
for indigenous peoples and the International Decade of the World's Indigenous
People,
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.157/24 (Part I), chap. III),
1. Expresses its deep appreciation to the Working Group on
Indigenous Populations and in particular to its Chairperson Rapporteur,
Ms. EricaIrene
Daes, for the important and constructive work accomplished
during its sixteenth session;
2. Requests the Secretary-General
to transmit the report of the
Working Group on its sixteenth session (E/CN.4/Sub.2/1998/16) to the
United Nations High Commissioner for Human Rights, indigenous organizations,
Governments and intergovernmental and nongovernmental
organizations
concerned, as well as to all thematic rapporteurs, special representatives,
independent experts and working groups;
3. Requests that the report of the Working Group be made available to
the Commission on Human Rights at its fifty-fifth
session;
4. Recommends that the Working Group cooperate as a body of experts
in any conceptual clarifications or analysis, which might assist the working
group established by the Commission on Human Rights in its resolution 1995/32
of 3 March 1995 to elaborate further the draft United Nations declaration on
the rights of indigenous peoples;
5. Welcomes the invitation from the Director General
of the
United Nations Educational, Scientific and Cultural Organization offering to
host the seventeenth session of the Working Group on Indigenous Populations at
the organization's headquarters in Paris;

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6. Endorses the decision taken by the Working Group, in view of the
concerns expressed by a number of indigenous organizations, not to take a
final decision on the invitation until it receives information at its
seventeenth session on the results of the consultations with their communities
on this issue;
7. Recommends that the Working Group on Indigenous Populations at its
seventeenth session adopt as the principal theme “Indigenous peoples and their
relationship to land”;
8. Takes note of the Working Group's decision to request Mr. Miguel
Alfonso Martínez to submit to its eighteenth session a preliminary working
paper on possible principles and guidelines for private sector energy and
mining concerns that may affect indigenous lands, in the light of the
opinions expressed on this issue during the debates at its fifteenth and
sixteenth sessions and those that may be expressed during the
seventeenth session;
9. Requests the Commission on Human Rights to invite Governments,
intergovernmental organizations and indigenous and nongovernmental
organizations to provide information and data, in particular on the principal
theme, to the Working Group at its seventeenth session;
10. Requests the High Commissioner to encourage studies with respect
to the rights to food and adequate nutrition of indigenous peoples as they
relate to their access to land, cultural heritage and health and, as
appropriate, to call for an international workshop on the theme with the
participation of Governments, United Nations bodies, programmes and
organizations, indigenous and nongovernmental
organizations and independent
experts, with a view to evaluating the present access to adequate food and the
nutritional status of indigenous peoples and contributing to practical
measures to improve the situation;
11. Requests the Chairperson Rapporteur
of the Working Group to inform
the Board of Trustees of the United Nations Voluntary Fund for Indigenous
Populations that the Working Group at its seventeenth session will highlight
the principal theme of “Indigenous peoples and their relationship to land”, so
that the Board can bear this in mind when it meets for its twelfth session;
12. Requests the Secretary-General
to prepare an annotated agenda for
the seventeenth session of the Working Group;
13. Requests the Commission on Human Rights to request the Economic
and Social Council to authorize the Working Group to meet for five working
days prior to the fiftyfirst
session of the SubCommission;
14. Recommends to the Commission on Human Rights the following draft
decision for adoption:
[For the text, see chap. I, sect. B, draft decision 7.]
29th meeting
21 August 1998
[Adopted without a vote. See chap. IX.]

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1998/24. Prevention of discrimination against
and the protection of minorities
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Noting Commission on Human Rights resolution 1998/19 of 9 April 1998
on the rights of persons belonging to national or ethnic, religious and
linguistic minorities, in which the Commission, inter alia, decided to renew
the mandate of the Working Group on Minorities so that it would hold one
session of five working days annually,
Having considered the report of the Working Group on its fourth session
(E/CN.4/Sub.2/1998/18) and in particular the conclusions and recommendations
contained in paragraph 108 thereof,
Welcoming the extensive progress made by the Working Group at its
fourth session,
Disturbed at the widespread occurrence of violent conflicts in many
parts of the world where ethnic or religious hostility is engendered and
exploited by one or more of the parties to the conflict,
Reiterating that States, minorities and majorities need to search for
peaceful and constructive solutions to problems affecting minorities,
Emphasizing the need for system wide
cooperation within the
United Nations to facilitate peaceful solutions to situations involving
minorities,
Recalling its resolution 1982/31 of 10 September 1982 on the study of
the problem of discrimination against indigenous populations, in which it
requested the establishment of a fund for the purpose of allowing
representatives of indigenous populations to attend the Working Group on
Indigenous Populations,
Recalling its resolution 1997/5 of 21 August 1997 in which the Working
Group on Minorities was called upon to consider how the SubCommission
in its
future work might usefully address the continuing legal, political and
economic legacies of the African slave trade as experienced by Black
communities throughout the Americas,
1. Endorses the conclusions and recommendations of the Working Group
on Minorities as contained in the report on its fourth session
(E/CN.4/Sub.2/1998/18);
2. Welcomes the recommendation of the Working Group to request its
members to prepare working papers on thematic issues;
3. Also welcomes the participation in the Working Group of
representatives of treaty bodies, of other human rights mechanisms, and of
relevant special rapporteurs;

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4. Appeals to all States, specialized agencies, nongovernmental
organizations and scholars to continue to participate actively in the work of
the Working Group;
5. Requests the Secretary-General
to invite States, specialized
agencies, other United Nations organs and bodies, nongovernmental
organizations and scholars to provide comments to the Working Group on the
Commentary to the Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities (E/CN.4/Sub.2/AC.5/1998/WP.1)
submitted to the Working Group at its fourth session by its Chairman,
Mr. Asbjørn Eide;
6. Requests the Secretary-General
to invite United Nations bodies and
specialized agencies, including the World Bank and the International Monetary
Fund, to provide information to the Working Group on their activities and
programmes in the field of minority protection;
7. Welcomes the seminar held prior to the fourth session of the
Working Group on the role of the media in protecting minorities and urges the
Working Group to give due consideration to the recommendations thereof at its
fifth session;
8. Urges the Working Group to include in its agenda an item on issues
relating to the legacies of the slave trade on the Black communities
throughout the Americas;
9. Recommends that the Commission consider the establishment of a
voluntary fund to enable members of minorities to participate in the Working
Group;
10. Recommends that the Office of the United Nations High Commissioner
for Human Rights be strengthened to enable it to provide adequate services to
the Working Group and to undertake relevant studies, evaluation and action;
11. Recommends the following draft decision to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. B, draft decision 8.]
35th meeting
26 August 1998
[Adopted without a vote. See chap. X.]
1998/25. Draft international convention on the protection
of all persons from enforced disappearance
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Recalling General Assembly resolution 47/133 of 18 December 1992 by
which the Assembly proclaimed the Declaration on the Protection of All Persons

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from Enforced Disappearance as a body of principles for all States and urged
that all efforts be made so that the Declaration became generally known and
implemented,
Recalling also General Assembly resolution 41/120 of 4 December 1986 in
which the Assembly recognized the value of continuing efforts to identify
specific areas where further international action was required to develop the
existing legal framework in the field of human rights,
Recalling further Commission on Human Rights resolution 1997/26
of 11 April 1997 in which the Commission, deeply concerned, in particular, by
the intensification of enforced or involuntary disappearances in various
regions of the world and by the growing number of reports concerning
harassment, illtreatment
and intimidation of witnesses of disappearances or
relatives of persons who have disappeared, took note of the report of the
Working Group on Enforced or Involuntary Disappearances in which the Working
Group welcomed the efforts of the SubCommission's
sessional working group on
the administration of justice to prepare a draft international convention on
the prevention and punishment of enforced disappearances (E/CN.4/1997/34,
para. 31),
Considering that enforced disappearance undermines the deepest values of
any society committed to respect for the rule of law, human rights and
fundamental freedoms, and that the systematic practice of enforced
disappearance is of the nature of a crime against humanity,
Recalling that at the forty-seventh
session of the SubCommission
the
sessional working group on the administration of justice had asked its
Chairman Rapporteur,
Mr. Louis Joinet, to submit a preliminary draft
“international convention on the prevention and punishment of enforced
disappearances” which formed the basis for discussion at the working group at
its 1995 and 1997 sessions,
Expressing its appreciation, to the Chairman Rapporteur
for having
submitted, in time for the SubCommission's
consideration at its
fiftieth session, a text entitled “Draft international convention on the
protection of all persons from enforced disappearance” (E/CN.4/Sub.2/1998/19,
annex) which was revised by the working group at the current session,
1. Decides to transmit the draft international convention on the
protection of all persons from enforced disappearance to the Commission on
Human Rights for its consideration, together with the comments of the
SubCommission
thereon as well as those of the sessional working group on the
administration of justice (E/CN.4/Sub.2/1998/19, paras. 964);
2. Requests the Commission to invite Governments, intergovernmental
organizations and nongovernmental
organizations to provide comments on the
draft convention.
35th meeting
26 August 1998
[Adopted without a vote. See chap. XI.]

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1998/26. Housing and property restitution in the context
of the return of refugees and internally
displaced persons
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Conscious that human rights violations and breaches of international
humanitarian law are among the reasons why refugees, as defined in relevant
international legal instruments, and internally displaced persons flee their
homes and places of habitual residence,
Recognizing that the right of refugees and internally displaced persons
to return freely to their homes and places of habitual residence in safety and
security forms an indispensable element of national reconciliation and
reconstruction and that the recognition of such rights should be included
within peace agreements ending armed conflicts,
Recognizing also the right of all returnees to the free exercise of
their right to freedom of movement and to choose one's residence, including
the right to be officially registered in their homes and places of habitual
residence, their right to privacy and respect for the home, their right to
reside peacefully in the security of their own home and their right to enjoy
access to all necessary social and economic services, in an environment free
of any form of discrimination,
Conscious of the widespread constraints imposed on refugees and
internally displaced persons in the exercise of their right to return to their
homes and places of habitual residence,
Also conscious that the right to freedom of movement and the right to
adequate housing include the right of protection for returning refugees and
internally displaced persons against being compelled to return to their homes
and places of habitual residence and that the right to return to their homes
and places of habitual residence must be exercised in a voluntary and
dignified manner,
Aware that intensified international, regional and national measures are
required to ensure the full realization of the right of refugees and
internally displaced persons to return to their homes and places of habitual
residence and are indispensable elements of reintegration, reconstruction and
reconciliation,
1. Reaffirms the right of all refugees, as defined in relevant
international legal instruments, and internally displaced persons to return to
their homes and places of habitual residence in their country and/or place of
origin, should they so wish;
2. Also reaffirms the universal applicability of the right to
adequate housing, the right to freedom of movement and the right to privacy

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and respect for the home, and the particular importance of these rights for
returning refugees and internally displaced persons wishing to return to their
homes and places of habitual residence;
3. Confirms that the adoption or application of laws by States which
are designed to or result in the loss or removal of tenancy, use, ownership or
other rights connected with housing or property, the active retraction of the
right to reside in a particular place, or laws of abandonment employed against
refugees or internally displaced persons pose serious impediments to the
return and reintegration of refugees and internally displaced persons and to
reconstruction and reconciliation;
4. Urges all States to ensure the free and fair exercise of the right
to return to one's home and place of habitual residence by all refugees and
internally displaced persons and to develop effective and expeditious legal,
administrative and other procedures to ensure the free and fair exercise of
this right, including fair and effective mechanisms designed to resolve
outstanding housing and property problems;
5. Invites the United Nations High Commissioner for Human Rights, in
consultation with the United Nations High Commissioner for Refugees, within
her mandate, to facilitate the full implementation of the present resolution;
6. Invites the United Nations High Commissioner for Refugees, in
consultation with the United Nations High Commissioner for Human Rights, to
develop policy guidelines to promote and facilitate the right of all refugees
and, if appropriate to her mandate, internally displaced persons, to return
freely, safely and voluntarily to their homes and places of habitual
residence;
7. Decides to consider the issue of return to place of residence
and housing for refugees and internally displaced persons at its
fiftyfirst
session, under the same agenda item, to determine how most
effectively to continue its consideration of these issues.
35th meeting
26 August 1998
[Adopted without a vote. See chap. XII.]
1998/27. Forced population transfer
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Reaffirming the right of everyone lawfully within the territory of a
State to liberty of movement and freedom to choose his or her residence and
the prohibition of arbitrary deprivation of the right to enter one's own
country as set out in article 13 of the Universal Declaration of Human Rights
and article 12 of the International Covenant on Civil and Political Rights,

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Recognizing that practices of forcible exile, mass expulsion and
deportation, forced population transfer, forcible population exchange,
unlawful evacuation, eviction and forcible relocation, ethnic cleansing and
other forms of forcible displacement of populations within a country or across
borders not only deprive the affected populations of their rights to freedom
of movement but also threaten the peace and security of States,
Noting the need to further rationalize and harmonize the various
international standards in this complex and evolving area,
Recalling its resolution 1997/29 of 28 August 1997 in which it decided
to continue its consideration of population displacement and to examine the
legal standards applicable to different types of forced displacement and any
lacunae in those standards,
Recalling also that in its resolution 1997/29 it decided that an expert
seminar should be convened, if necessary without financial implications, to
assist in and to make practical recommendations for the further work of the
SubCommission
on the right to freedom of movement,
1. Welcomes Economic and Social Council decision 1998/292 of
31 July 1998 in which the Council approved the recommendation of the
Commission on Human Rights that the report of the Special Rapporteur on human
rights and population transfer, Mr. Awn Shakat AlKhasawneh,
be published and
widely disseminated, as recommended by the SubCommission
in its
resolution 1997/29;
2. Decides to convene an expert seminar, in close cooperation with
relevant intergovernmental and nongovernmental
organizations, if necessary
without financial implications, to assist in and to make practical
recommendations for the further work of the SubCommission
on the right to
freedom of movement, in particular with respect to a study on the legal
standards applicable to different types of forced displacement and any
lacunae in those standards, for submission to the SubCommission
at its
fifty-second
session.
35th meeting
26 August 1998
[Adopted without a vote. See chap. XII.]
1998/28. Promotion of dialogue on human rights issues
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Reaffirming its commitment to promoting international cooperation, as
set forth in the Charter of the United Nations, in particular in Article 1,
paragraph 3, as well as in relevant provisions of the Vienna Declaration and
Programme of Action (A/CONF.157/24 (Part I), chap. III) adopted by the World
Conference on Human Rights on 25 June 1993,

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Noting General Assembly resolution 52/134 of 12 December 1997,
Noting also Commission on Human Rights resolution 1998/81 of
24 April 1998,
Reaffirming its resolution 1997/38 of 28 August 1997,
Bearing in mind that the international community shall strive by
teaching and education to promote respect for human rights and fundamental
freedoms,
Emphasizing the importance of ensuring the universality, indivisibility,
objectivity and non selectivity
of the consideration of human rights issues,
1. Reiterates its commitment to international cooperation in the
field of human rights, and invites governmental and nongovernmental
observers
of the SubCommission
to carry out constructive dialogue and consultations on
human rights issues and to facilitate the formulation and adoption of
resolutions and decisions;
2. Endorses the cooperative approach in search of common
understanding and reasonable accommodation of divergent views, particularly in
the discussion on the effectiveness of the SubCommission;
3. Decides to continue its consideration of this question at its
fiftyfirst
session.
35th meeting
26 August 1998
[Adopted without a vote. See chap. XIV.]
1998/29. Human rights and terrorism
The SubCommission
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 Covenants on
Human Rights and other relevant international instruments on human rights and
humanitarian law,
Recalling that the Universal Declaration of Human Rights, which marks
its fiftieth anniversary this year, states that every individual and every
organ of society shall strive by teaching and education to promote respect
for all rights and freedoms enshrined in the Declaration,
Reiterating that all States have an obligation to promote and protect
human rights and fundamental freedoms, and that every individual should strive
to secure their universal and effective recognition and observance,

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Taking into account that acts of terrorism in all their forms and
manifestations, aimed at the destruction of human rights, have continued
despite national and international efforts,
Reiterating the importance of a study on human rights and terrorism,
Recalling its resolution 1997/39 of 28 August 1997,
Noting Commission on Human Rights resolution 1998/47 and
decision 1998/107 of 17 April 1998 in which the Commission approved the
appointment of Ms. Kalliopi K. Koufa as Special Rapporteur to conduct a
comprehensive study on terrorism and human rights,
Having heard the statement by the Special Rapporteur concerning the
basis and the orientation of the study,
Taking into account the working paper submitted by the Special
Rapporteur at its fortyninth
session (E/CN.4/Sub.2/1997/28),
1. Requests the Special Rapporteur on human rights and terrorism,
Ms. Kalliopi K. Koufa, to elaborate a preliminary report based on her working
paper and to submit it to the SubCommission
at its fiftyfirst
session, a
progress report at its fifty-second
session and a final report at its
fifty-third
session;
2. Requests the Secretary-General
to provide the Special Rapporteur
with all the assistance necessary to enable her to accomplish her task.
35th meeting
26 August 1998
[Adopted without a vote. See chap. XIV.]
1998/30. Adverse effects of antipersonnel
landmines
The SubCommission
on Prevention of Discrimination and Protection of
Minorities,
Aware that antipersonnel
landmines inflict harm on human beings and in
the process cause grave violations of human rights, in particular the right to
life,
Recalling its resolutions 1995/24 of 24 August 1995, 1996/15 of
23 August 1996 and 1997/33 of 23 August 1997 in which it declared itself in
favour of a total ban on the production, marketing and use of these weapons,
Stressing the importance of assisting the victims of such weapons as
well as ensuring that those which have been deployed are completely destroyed,
Stressing also the importance for the SubCommission
of following up
this issue in order to guarantee the full respect and implementation of all
relevant legal instruments,

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Taking note with satisfaction of the establishment of zones free of
antipersonnel
landmines in the Mercosur countries (Argentina, Brazil,
Paraguay, Uruguay) and in Bolivia and Chile,
Welcoming the award of the 1997 Nobel Peace Prize to the International
Campaign to Ban Land Mines,
Welcoming also the adoption of the Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Antipersonnel
Mines and on Their
Destruction in December 1997 and its signature by almost one hundred and
thirty countries, and recalling that the Convention is to enter into force
after forty countries have ratified it,
Noting with satisfaction that 32 countries have already ratified the
Convention,
Regretting the new deployment of landmines in zones of armed conflict
despite all warnings against their deployment and knowledge of the horror they
cause to their innocent victims, especially children and other vulnerable
groups,
Bearing in mind that landmines cause death, maiming and psychological
damage to their victims, are a deterrent to development and harm the
environment,
Underscoring the continuous threat that old and abandoned landmines pose
to human lives as well as their detrimental effects on development efforts,
Stressing the urgency for mine clearance in the affected zones in order
that civilians in such zones can fully enjoy their human rights,
Regretting the lack of sufficient financial resources to increase mine
clearance and medical assistance for victims of antipersonnel
landmines,
1. Reaffirms its support for a total ban on the production,
stockpiling, transfer and use of landmines, as well as the destruction of the
existing mines, as a means to protect basic human rights and in particular the
right to life;
2. Urges States that have not yet done so to sign and ratify the
Convention on Prohibitions or Restrictions on the Use of Certain Conventional
Weapons which May be Deemed to be Excessively Injurious or to Have
Indiscriminate Effects and all the Protocols thereto, including Protocol II on
Prohibitions and Restrictions on the Use of Mines, Booby Traps
and Other
Devices as Amended on 3 May 1996;
3. Strongly urges all States that have not yet done so to sign and
ratify the Convention on the Prohibition of the Use, Stockpiling, Production
and Transfer of Antipersonnel
Mines and on Their Destruction adopted in
Ottawa in December 1997;

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4. Urges all States to modify their legislation where necessary in
accordance with the wording of the Ottawa Convention, in full respect of its
articles and spirit, including the clause prohibiting any reservations to the
Convention;
5. Urges all countries responsible for the laying of antipersonnel
landmines in foreign territories to assume full responsibility for the
necessary mine clearance
operations and to cooperate with the host countries,
in particular developing countries, for this purpose in every possible way;
6. Underlines the importance for nonState
actors also to renounce
the use of antipersonnel
landmines;
7. Encourages Member States to continue the process of establishing
regional and subregional zones free of antipersonnel
landmines;
8. Reiterates its request to Governments and the international
community to pursue an overall policy of prevention, rehabilitation and
reintegration of the victims of landmines as well as to multiply their efforts
in mine clearance
programmes in the affected zones and their aid to victims of
antipersonnel
landmines;
9. Again encourages Governments, organizations and individuals that
can do so to respond favourably to the request for voluntary contributions to
the United Nations mine clearance
programme, or to increase existing
contributions;
10. Requests the Secretary-General
to reiterate to all Governments, in
particular those of States which in the past have laid antipersonnel
landmines in or sold them to other States, the SubCommission's
appeal for
contributions to the mine clearance
programme and the Voluntary Trust Fund for
Assistance in Mine Clearance established in 1994;
11. Decides to consider this question at its fiftyfirst
session under
the same agenda item and to establish the necessary measures to ensure the
follow up
and implementation of international humanitarian law and treaties in
order that everyone may fully enjoy all their human rights.
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26 August 1998
[Adopted without a vote. See chap. XIV.]

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B. Decisions
1997/101. Establishment of the sessional working group on
the administration of justice
At its 2nd meeting, on 4 August 1997, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, recalling its
decisions 1996/103 of 6 August 1996 and 1996/119 of 29 August 1996, decided,
without a vote, to establish a sessional working group on the administration
of justice under agenda item 9.
[See chap. III.]
1998/102. Voting by secret ballot
At its 25th meeting, on 19 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities decided, without a vote,
pursuant to Economic and Social Council resolution 1991/32 of 31 May 1991, to
vote by secret ballot whenever a vote was requested on proposals pertaining to
allegations of violations of human rights in countries, under any agenda item,
including proposals of a procedural nature relating to proposals of a
substantive nature.
[See chap. IV.]
1998/103. The rights of noncitizens
At its 26th meeting, on 20 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, taking into account the
suggestion of the Committee on the Elimination of Racial Discrimination
concerning the preparation of a study on the rights of noncitizens
(see
E/CN.4/Sub.2/1997/31, annex), decided, without a vote, to entrust
Mr. David Weissbrodt with the preparation, without financial implications, of
a working paper on the rights of persons who are not citizens of the country
in which they live, to be submitted under the agenda item entitled
“Comprehensive examination of thematic issues relating to the elimination of
racial discrimination”, in order to enable it to take a decision at its
fiftyfirst
session on the feasibility of a study on that subject. The
working paper should take into account comments on the scope of such a study
made during the fiftieth session of the SubCommission,
including, for
example, developments since the adoption in 1985 of the Declaration on the
Human Rights of Individuals Who Are Not Nationals of the Country in Which They
Live, overcoming impediments to ratification of the International Convention
on the Rights of All Migrant Workers and Members of Their Families,
discrimination between different groups of noncitizens,
the implications of
dual citizenship, ways of contributing to the efforts of the working group of
intergovernmental experts on the human rights of migrants of the Commission on
Human Rights, and ways of contributing material on this topic to the World
Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance.
[See chap. V.]
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1998/104. Globalization in the context of the increase in
incidents of racism, racial discrimination and
xenophobia
At its 26th meeting, on 20 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities decided, without a vote, to
entrust Mr. Joseph OlokaOnyango
with the preparation, without financial
implications, of a working paper on the topic of globalization in the context
of the increase in incidents of racism, racial discrimination and xenophobia
for submission under the agenda item entitled, “Comprehensive examination of
thematic issues relating to the elimination of racial discrimination”, to be
considered at its fiftyfirst
session, as a contribution to the preparation of
the World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance, and to explore cooperation on this issue, if needed, with
the Committee on the Elimination of Racial Discrimination.
[See chap. V.]
1998/105. Transmission of SubCommission
resolution 1996/22
to the Secretary-General
At its 26th meeting, on 20 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, recalling its
resolution 1996/22 of 29 August 1998, entitled “Tenth anniversary of the
adoption of the Declaration on the Right to Development”, in which it
requested the Secretary-General
to invite all relevant United Nations bodies
and agencies to step up their action aimed at promoting international
cooperation for the realization of the right to development in the context of
the United Nations Decade for the Elimination of Poverty (19972006)
and to
provide him with the information thereon, and requested him to transmit
annually to the SubCommission
the information received, decided, without a
vote, to request the Commission on Human Rights to transmit the full text of
resolution 1996/22 once again to the Secretary-General.
[See chap. VI.]
1998/106. The right to food
At its 26th meeting, on 20 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, recalling its
decision 1997/108 of 22 August 1997 in which it decided, without a vote, to
request Mr. Asbjørn Eide to review and update, without financial implications,
his study on the right to food submitted in 1987 (Human Rights Study Series
No. 1, United Nations publication, Sales No. E.89.XIV.2) and having received
and examined with satisfaction Mr. Eide's report (E/CN.3/Sub.2/1998/9),
decided, without a vote, to request Mr. Eide to complete, without financial
implications, the review and update of the report on the right to food and to
submit the final version of the updated study to the SubCommission
at its fiftyfirst session in 1999.
[See chap. VI.]
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1998/107. Study on treaties, agreements and other
constructive arrangements between States
and indigenous populations
At its 29th meeting, on 21 August 1998, the SubCommission
on
Prevention of Discrimination and Protection of Minorities, recalling its
decision 1997/110 of 22 August 1997 and considering that the late submission
by the Special Rapporteur, Mr. Miguel Alfonso Martínez, of his final report on
the study allowed only limited discussion of his report during the 1998
sessions of the Working Group on Indigenous Populations and the
SubCommission,
decided, without a vote, to request the Special Rapporteur to
submit, not later than 31 March 1999 and in order for further discussions on
his final report to take place during the Working Group's seventeenth session
and the Sub-Commission's fifty-first session, a new version of his final
report, including any revisions that might be introduced to the present
unedited English version of that document in the light of the debates held at
the 1998 sessions in both bodies, and to request the Secretary-General
to give
the Special Rapporteur all necessary facilities to secure the completion of
this task, in particular the distribution of his final report in all working
languages to the Working Group and the Sub-Commission in time for their
respective 1999 sessions.
[See chap. IX.]
1998/108. Working paper on the methods of work of the SubCommission
At its 35th meeting, on 26 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, noting that it was unable to
examine the revised working paper on its methods of work submitted by
Mr. Ribot Hatano pursuant to SubCommission
resolution 1997/16 of
27 August 1997 (E/CN.4/Sub.2/1998/3) owing to its involvement, under
item 1 (c) of its agenda, in the review of mechanisms of the Commission on
Human Rights by the Bureau of the Commission, decided, without a vote, to
invite all members of the SubCommission,
Governments and nongovernmental
organizations to submit comments to the secretariat on the revised working
paper by 15 October 1998. The SubCommission
also decided, without a vote, to
request Mr. Hatano to take into account the comments received, the remarks
made on this subject during the fiftieth session and the note by the Chairman
on enhancing the effectiveness of the SubCommission
(E/CN.4/Sub.2/1998/38) in
preparing a further revision of his working paper, without financial
implications, to be submitted to the SubCommission
at its fiftyfirst
session. The SubCommission
further decided, without a vote, to consider the
new revised working paper at its fiftyfirst
session on a priority basis in
private meetings, and to complete its examination of the working paper at the
fiftyfirst session. [See chap. III.]

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1998/109. Composition of the presessional
working
groups of the SubCommission
At its 35th meeting, on 26 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities decided, without a vote, to
approve the following composition of the presessional
working groups of the
SubCommission:

Regional group Communications Indigenous Populations Minorities Contemporary Forms of Slavery
Africa Mr. Yimer Mr. Guissé Mr. Mehedi Ms. Warzazi
Mr. OlokaOnyango (alternate) Mr. Khalil (alternate) Mr. Sik Yuen (alternate)
Asia Mr. Fan Guoxiang Mr. Hatano Mr. Sorabjee Mr. Park
Mr. Zhong Shukong (alternate) Mr. Yokota (alternate)
Latin America Mr. Diaz Uribe Mr. Alfonso Martínez Mr. Bengoa Mr. Pinheiro
Mr. Salinas Rivera (alternate) Mr. Bengoa (alternate) Mr. Alfonso Martínez (alternate) Ms. Ferriol Echevarría (alternate)
Eastern Europe Mr. Ramishvili Mr. Boutkevitch Mr. Kartashkin Mr. Maxim
Mr. Kartashkin (alternate) Mr. Shamshur (alternate) Ms. Motoc (alternate)
Western Europe Mr. Weissbrodt Ms. Daes Mr. Eide Ms. Koufa
Ms. Hampson/ Ms. Cook (alternate) Ms. Hampson/ Ms. Cook (alternate) Mr. Helgesen (alternate) Mr. Weissbrodt/ Ms. Cook (alternate)

[See chaps. III, VIII, IX, X, XV.]

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1998/110. Sessional working group on the administration of justice
At its 35th meeting, on 26 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, taking note with satisfaction
of the report of the sessional working group on the administration of justice
(E/CN.4/Sub.2/1998/19), decided, without a vote, to endorse the following
decisions of the working group: (a) to transmit the draft international
convention on the protection of all persons from enforced disappearance, as
revised, to the Commission on Human Rights for consideration (SubCommission
resolution 1998/25); (b) to request Mr. El Hadji Guissé to continue the
preparation for the working group of an annual report on the evolution of
capital punishment; (c) to request Mr. Miguel Alfonso Martínez to submit to
the working group an annual update on the privatization of prisons, taking
into account the note prepared by Ms. Françoise Jane Hampson on this subject
and any other relevant documents; (c) to request Mr. Héctor Fix Zamudio to
submit a working paper to the working group on a possible study entitled
“Improvement and efficiency of the judicial instruments for the protection of
human rights at the national level and their impact at the international
level”, all of the foregoing without financial implications.
The SubCommission,
noting the establishment, in accordance with
Economic and Social Council resolution 1997/30 of 21 July 1997, of the
Coordination Panel on Technical Advice and Assistance, and noting also that
the issue of the recognition of gross and massive violations of human rights
as an international crime is being addressed by the International Law
Commission and in the Statute of the International Criminal Court, also
decided, without a vote, to take note of the decision of the working group,
pursuant to Commission resolution 1998/28 of 17 April 1998, to delete the
items of its agenda entitled “Juvenile justice” and “Recognition of gross and
massive violations of human rights perpetrated on the orders of Governments or
sanctioned by them as an international crime”, in order to avoid duplication
with the work undertaken by other bodies.
[See chap. XI.]
1998/111. Working paper on a study of weapons of mass destruction
or with indiscriminate effect, or of a nature to cause
superfluous injury or unnecessary suffering
At its 35th meeting, on 26 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, recalling its
resolutions 1997/36 and 1997/37 of 28 August 1997 and taking note of the
circumstances surrounding the inability of Ms. Clemencia Forero Ucros to
submit her working paper, decided, without a vote, to request her to submit it
to the SubCommission
at its fiftyfirst
session.
[See chap. XIV.]

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1998/112. Adverse consequences of economic sanctions
on the enjoyment of human rights
At its 35th meeting, on 26 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, recalling its
resolution 1997/35 of 28 August 1997, decided, without a vote, to continue
consideration of the adverse consequences of economic sanctions on human
rights at its fiftyfirst
session under the agenda subitem
entitled
“Implications of humanitarian activities for the enjoyment of human rights”.
[See chap. XIV.]
1998/113. Reservations to human rights treaties
At its 35th meeting, on 26 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, recalling the letter from the
Chairman of the Committee on the Elimination of Racial Discrimination
addressed to the Chairman of the forty-eighth
session of the SubCommission
(E/CN.4/Sub.2/1997/31, annex), which included a proposal for a study to be
undertaken on reservations to treaties, the concerns about reservations
expressed by the Committee on the Elimination of Discrimination against Women
and the report of the Secretary-General
on the views of the six human rights
treaty bodies on the Preliminary Conclusions of the International Law
Commission (E/CN.4/Sub.2/1998/25), and recalling also the Vienna Declaration
and Programme of Action (A/CONF.157/24 (Part I), chap. III) which emphasized
the need to limit the number and scope of reservations to human rights
treaties, decided, without a vote, to request Ms. Françoise Jane Hampson to
prepare, without financial implications, a working paper on the question of
reservations to human rights treaties, including an examination of the number
and scope of such reservations, their impact on the scope of the obligation
accepted by States, reservations to the procedural provisions of human rights
treaties, including opting out
clauses, and the role and responsibility of
monitoring bodies in relation to reservations to human rights treaties, and to
submit the working paper at its fiftyfirst
session.
[See chap. XIV.]
1998/114. Humanitarian situation in Iraq
At its 35th meeting, on 26 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities, recalling its
decisions 1996/107 of 20 August 1996 and 1997/119 of 28 August 1997 and its
resolution 1997/35 of 28 August 1997; believing that measures such as
embargoes should be limited in time and should be lifted even if the
legitimate objectives of the measures have not yet been attained, affirming
once again the need to respect the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human
Rights, and the relevant provisions of the Geneva Conventions of
12 August 1949 and the two Additional Protocols thereto; noting with grave
concern the immense suffering endured by the Iraqi people and by children in

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particular; drawing attention to the alarming accounts in numerous reports by
the United Nations, the report of the Special Rapporteur of the Commission on
Human Rights on the situation of human rights in Iraq (E/CN.4/1998/67) and
reports of specialized agencies concerning the situation of innocent people
who are suffering an unacceptable decline in levels of health, nutrition,
health care and employment and in agriculture; pointing out in that regard
that the Secretary-General
stated in his report to the Security Council on the
“oil for food” programme in February 1998 (S/1998/90) that infant mortality in
Iraq was rising, that the water supply situation continued to deteriorate and
that farm output would be able to meet only 10 per cent of required
nutritional levels; noting with satisfaction that many non-governmental
organizations and personalities from a variety of countries, including the
United States of America, have organized humanitarian convoys for Iraq, thus
displaying their disapproval of the adverse consequences of an embargo that
deprives an entire population of food, care and education; having in mind
general comment No. 8 (1977) adopted by the Committee on Economic, Social and
Cultural Rights at its seventeenth session (E/C.12/1997/8); considering any
embargo that condemns an innocent people to hunger, disease, ignorance and
even death without attaining the objectives for which it was declared to be a
flagrant violation of the economic, social and cultural rights of the people
concerned and of international law, the SubCommission
decided, without a
vote, to appeal to the international community and, in particular, to the
Security Council for the embargo provisions affecting the humanitarian
situation of the population in Iraq to be lifted. It also decided, without a
vote, to urge the international community and all Governments, including that
of Iraq, to alleviate the suffering of the Iraqi population, in particular by
facilitating the delivery of food, medical supplies and the wherewithal to
meet their basic needs.
[See chap. XIV.]
1998/115. Observance of human rights by States not parties
to United Nations human rights conventions
At its 35th meeting on 26 August 1998, the SubCommission
on Prevention
of Discrimination and Protection of Minorities decided, without a vote, to
request Mr. Vladimir Kartashkin to prepare, without financial implications, a
working paper on ways in which the SubCommission
can examine the observance
of the human rights and fundamental freedoms contained in the Universal
Declaration of Human Rights by States which are not parties to United Nations
human rights conventions and to submit it to the SubCommission
at its
fiftyfirst
session. The SubCommission
also decided, without a vote, to
amend the title of the subitem
entitled “Encouragement of universal
acceptance of human rights instruments” by adding the words “and observance of
the human rights and fundamental freedoms contained in the Universal
Declaration of Human Rights by States which are not parties to United Nations
human rights conventions”, and to make this an annual subitem
of the agenda.
[See chap. XIV.]

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III. ORGANIZATION OF WORK:
(a) ELECTION OF OFFICERS;
(b) ADOPTION OF THE AGENDA;
(c) METHODS OF WORK OF THE SUBCOMMISSION
1. The Sub-Commission on Prevention of Discrimination and Protection
of Minorities held its fiftieth session at the United Nations Office at Geneva
from 3 to 28 August 1998. It held 36 meetings (E/CN.4/Sub.2/1998/SR.136),
6 of which were held in closed session (E/CN.4/Sub.2/1998/SR.3, 9, 10, 32,
33, 36).
2. The session was opened by Mr. José Bengoa, Chairman of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities at
its forty-ninth session, who made a statement. The United Nations High
Commissioner for Human Rights, Ms. Mary Robinson, also addressed the
Sub-Commission at its 1st meeting, on 3 August 1998.
3. The session was attended by members of the Sub-Commission, by observers
for States Members of the United Nations, by observers for non-member States
and by representatives of United Nations bodies, specialized agencies, and
intergovernmental, non-governmental and other organizations. The attendance
list is given in annex II to the present report.
4. The Sub-Commission adopted resolutions 1 to 30 and took 15 decisions.
The texts of these resolutions and decisions appear in chapter II, sections A
and B, respectively. Draft resolutions and decisions for action or
consideration by the Commission on Human Rights are set out in chapter I.
5. Information concerning the administrative and programme budget
implications of the resolutions and decisions adopted by the Sub-Commission at
its fiftieth session is provided in annex III.
6. A list of the resolutions and decisions referring to matters drawn to
the attention of the Commission on Human Rights is contained in annex IV.
7. A list of studies completed at the fiftieth session, of ongoing studies,
of working papers entrusted to members and of studies recommended for
approval, drawn up in accordance with Commission on Human Rights
resolution 1982/23, appears in annex V.
8. A list of documents for the fiftieth session of the SubCommission
appears in annex VI. Written communications submitted by Governments and
nongovernmental
organizations for circulation at the session are also
mentioned in annex VI.
9. At the 1st meeting, on 3 August 1998, in accordance with
decision 1994/103 of the Sub-Commission and the proposal of the Chairman, the
Sub-Commission observed a minute of silence in honour of the victims of all
forms of violations of human rights in all regions of the world.

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10. At the 2nd meeting, on 4 August 1998, upon the recommendation of its
officers, the Sub-Commission decided to establish a sessional working group on
the administration of justice under agenda item 9. For the text of the
decision, see chapter II, section B, decision 1998/101.
A. Election of officers
11. At its 1st meeting, the Sub-Commission elected the following officers by
acclamation:
Chairman: Mr. El Hadji Guissé
Vice-Chairmen: Mr. Miguel Alfonso Martínez
Mr. Fan Guoxiang
Mr. David Weissbrodt
Rapporteur: Mr. Ioan Maxim
B. Adoption of the agenda
12. At the same meeting, the Sub-Commission had before it a note by the
Secretary-General
containing the provisional agenda for the fiftieth session
(E/CN.4/Sub.2/1998/1), 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-ninth session in accordance with paragraph 3 of Economic and Social
Council resolution 1894 (LVII).
13. Statements with regard to the provisional agenda were made by
Mr. Alfonso Martínez, Mr. Eide, Mr. Joinet, Mr. Park, Mr. Ramishvili,
Mr. Sorabjee and Ms. Warzazi.
14. The agenda (see annex I) was adopted without a vote.
15. At the proposal of Ms. Warzazi and upon recommendation of its officers,
the SubCommission,
at its 2nd meeting, on 4 August 1998, agreed to amend the
title of item 5 of the agenda by replacing, in the English version, the words
“the implementation of the human rights of women”, with the words “the
implementation of human rights with regard to women”, and to modify the other
language versions as necessary.
C. Methods of work of the Sub-Commission
16. The Sub-Commission considered sub-item 1 (c) of the agenda at
its 2nd, 3rd (closed), 9th (closed), 10th (closed), 11th and 35th meetings
on 4, 7, 10 and 26 August 1998.
17. Statements in connection with the sub-item were made by
Mr. Alfonso Martínez (2nd), Mr. Bengoa (2nd), Mr. Joinet (2nd),
Mr. Khalifa (2nd) and Ms. Warzazi (2nd).

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18. At the 11th meeting, on 10 August 1998, the Chairman of the fifty-fourth
session of the Commission on Human Rights, Mr. Jacob S. Selebi, addressed the
SubCommission,
in accordance with Commission resolution 1998/28.
19. At the 10th (closed) and 11th meetings, on 10 August 1998, the
SubCommission
held a special discussion with the Bureau of the fifty-fourth
session of the Commission on Human Rights on the effectiveness of the
SubCommission
in the light of Commission decision 1998/112 in which the
Commission decided to appoint its Bureau to undertake a review of its
mechanisms with a view to making recommendations to the Commission at its
fifty-fifth
session.
20. Present were the five members of the Bureau of the Commission:
Mr. Jacob S. Selebi (Chairman), Mr. Iftekhar Ahmed Chowdhury,
Mr. Luis Gallegos Chiriboga, Mr. Ross Hynes (ViceChairmen)
and
Mr. Roman Kuzniar (Rapporteur).
21. At the 10th (closed) meeting, the Chairman of the SubCommission,
Mr. El Hadji Guissé, opened the discussion by reading out a paper stating the
common position of the members of the SubCommission,
entitled “Enhancing the
effectiveness of the SubCommission”
(subsequently issued as document
E/CN.4/Sub.2/1998/38).
22. At the 11th meeting, in connection with the special discussion, a
statement was made by Mr. Bengoa. The SubCommission
also heard a statement
by Ms. Mona Rishmawi, chairperson of the fifth meeting of the special
rapporteurs/representatives, experts and chairpersons of working groups of the
special procedures of the Commission on Human Rights and of the advisory
services programme.
23. At the same meeting, the Sub-Commission also heard statements by
representatives of the following non-governmental organizations: Carter
Center, Human Rights Internet, International Federation of Human Rights
Leagues.
24. At the same meeting, the Sub-Commission heard statements by the
observers for: Austria (on behalf of the European Union), China, Egypt,
Germany, Honduras (on behalf of Costa Rica, the Dominican Republic,
El Salvador, Guatemala, Nicaragua and Panama), India, Netherlands, Pakistan,
Republic of Korea (on behalf of the Asian Group), Senegal, Turkey,
United States of America. The observer for Switzerland also made a statement.
Working paper on the methods of work of the Sub-Commission
25. At its 35th meeting, on 26 August 1998, the Sub-Commission considered
draft decision E/CN.4/Sub.2/1998/L.15, sponsored by Mr. Weissbrodt, Mr. Yimer
and Mr. Yokota. Mr. Alfonso Martínez, Mr. Eide, Mr. Joinet, Mr. Khalil,
Mr. Maxim, Mr. Mehedi and Ms. Warzazi subsequently joined the sponsors.

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26. A statement in connection with the draft resolution was made by
Mr. Weissbrodt.
27. The draft decision was adopted without a vote. For the text of the
decision see chapter II, section B, decision 1998/108.
Composition of the pre-sessional working groups of the Sub-Commission
28. At the same meeting, the Sub-Commission considered a draft decision on
the composition of the pre-sessional working groups of the Sub-Commission.
29. The draft decision was adopted without a vote. For the text of the
decision see chapter II, section B, decision 1998/109.

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IV. 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)
30. The Sub-Commission considered item 2 at its 4th to 8th, 25th
and 26th meetings, on 5, 6, 7, 19 and 20 August 1998.
31. For the list of documents issued under item 2, see annex VI.
32. In the general debate under item 2, statements 1/ were made by the
following members of the Sub-Commission: Mr. Bengoa (7th), Ms. Daes
(6th, 7th), Mr. Diaz Uribe (7th), Mr. Eide (7th), Mr. Fan Guoxiang (4th),
Ms. Hampson (6th), Mr. Joinet (7th), Mr. Khalifa (4th), Mr. Maxim (7th),
Mr. Mehedi (4th), Mr. Park (7th), Mr. Pinheiro (6th), Mr. Sorabjee (6th),
Ms. Warzazi (6th), Mr. Weissbrodt (4th), Mr. Yokota (7th).
33. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: African Association of Education
for Development (5th), African Commission of Health and Human Rights
Promoters (7th), Afro Asian
Peoples' Solidarity Organization (5th), All
Pakistan Women’s Association (6th), American Association of Jurists (4th),
Asian Buddhist Conference for Peace (5th), Association for World Education
(joint statement with Christian Solidarity International) (4th), Bahá’í
International Community (5th), Caucasians United for Reparations and
Emancipation (4th), Centre Europe Tiers
Monde (4th), European Union of Public
Relations (5th), Franciscans International (4th), Interfaith International
(5th), International Association against Torture (6th), International
Association for Religious Freedom (4th), International Association of
Democratic Lawyers (4th), International Educational Development, Inc. (5th),
International Federation of Human Rights Leagues (4th), International Human
Rights Association of American Minorities (6th), International Institute for
Peace (4th), International League for Human Rights (4th), International
Movement against All Forms of Discrimination and Racism (5th), International
Peace Bureau (4th), International Prison Watch (6th), International Work Group
for Indigenous Affairs (5th), Latin American Federation of Associations of
Relatives of Disappeared Detainees (5th), Lutheran World Federation (joint
statement with Habitat International Coalition, Jesuit Refugee Service and
World Christian Life Community) (4th), Minority Rights Group (5th), Movement
against Racism and for Friendship among Peoples (6th), NorthSouth
XXI (5th),
Organisation tunisienne pour l’éducation et la famille (6th), Pax Christi
International (7th), Pax Romana (4th), Society for Threatened Peoples (4th),
Third World Movement against the Exploitation of Women (6th), Transnational
Radical Party (4th), War Resisters International (5th), World Federation of
Democratic Youth (5th), World Federation of Trade Unions (5th), World Muslim
Congress (5th), Worldview International Foundation (5th).
34. The Sub-Commission heard statements by the observers for:
Armenia (5th), Azerbaijan (7th), Bangladesh (5th), China (6th), Eritrea (5th),
Ethiopia (5th), Indonesia (6th), Iraq (5th), Mexico (6th), Nepal (7th),

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Republic of Korea (6th), Sri Lanka (6th), Tunisia (6th), Turkey (6th). The
SubCommission
also heard a statement by the observer for the Organization of
the Islamic Conference (7th).
35. Statements equivalent to a right of reply were made by the
observers for: Algeria (7th), Armenia (8th), Azerbaijan (8th), Belarus (7th),
Colombia (7th), Cyprus (8th), Eritrea (7th, 8th), Ethiopia (7th, 8th),
India (8th), Iraq (7th), Morocco (5th), Pakistan (7th), Sudan (5th),
Turkey (7th), Zambia (7th).
Voting by secret ballot
36. At its 25th meeting, on 19 August 1998, the Sub-Commission decided to
vote by secret ballot, whenever such a vote was requested, on proposals
pertaining to allegations of violations of human rights in countries, under
any agenda item, including proposals of a procedural nature relating to
proposals of a substantive nature.
37. Statements in this connection were made by Mr. Alfonso Martínez and
Mr. Fan Guoxiang.
38. The text of the draft decision was adopted without a vote. For the
text, see chapter II, section B, decision 1998/102.
The Bhutanese refugees
39. At the same meeting, on 19 August 1998, Mr. Eide withdrew draft
resolution E/CN.4/Sub.2/1998/L.14, sponsored by Mr. Diaz Uribe, Mr. Eide,
Mr. Fix Zamudio, Ms. Hampson, Mr. Oloka-Onyango and Mr. Weissbrodt, which read
as follows:
“The Bhutanese refugees
“The SubCommission
on Prevention of Discrimination and Protection
of Minorities,
“Recalling its resolutions 1997/31 of 28 August 1997 on the right
to return, 1997/29 of 28 August 1997 on freedom of movement and
population transfer and 1996/9 of 23 August 1996 on the right to freedom
of movement,
“Concerned by the plight of the approximately ninety thousand
individuals of Nepali ethnicity, the majority of whom had previously
lived in Bhutan, who have been residing in camps in eastern Nepal for as
long as seven years, as well as an additional ten thousand or more who
are living outside the camps in Nepal and India,
“Also concerned that developments within Bhutan, such as the
resettlement of others upon the lands previously occupied by the
refugees, can preempt
any durable solution involving voluntary
repatriation,

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“1. Urges all States to respect and promote the right to return
and the right not to be arbitrarily deprived of one's nationality, and
to take appropriate measures to reduce the phenomenon of statelessness;
“2. Urges in particular the Governments of Bhutan and Nepal to
negotiate in good faith towards a peaceful solution of the question of
refugees in a concerted effort to make possible the voluntary
repatriation of the refugees to their country of origin without further
delay;
“3. Encourages the parties concerned to establish an impartial
verification process and to make more effective and urgent efforts to
negotiate the return of Bhutanese verified to be refugees, so that they
can leave the camps voluntarily and return home in conditions of safety
and dignity;
“4. Suggests that the Governments involved avail themselves of
technical assistance from the Office of the United Nations High
Commissioner for Human Rights and the Office of the United Nations High
Commissioner for Refugees, so as to facilitate a fair and lasting
solution which takes into account representations on behalf of the
displaced population and the principles of international law relating to
nondiscrimination,
the right to return, the right not to be arbitrarily
deprived of one's nationality, the reduction of statelessness and the
fulfilment of economic, social and cultural rights;
“5. Decides to keep this matter under consideration at its
fiftyfirst
session.”
40. Statements in this connection were made by Mr. Alfonso Martínez,
Mr. Eide and Mr. Sorabjee.
41. At the same meeting, the Chairman informed the SubCommission
that draft
resolution E/CN.4/Sub.2/1998/L.14 had been replaced by a Chairman's statement
to be made on behalf of the SubCommission.
At the request of the Chairman,
Mr. Eide read out the statement as follows:
“The Sub-Commission has been aware of the plight of the
approximately 90,000 individuals of Nepali ethnicity, the majority of
whom assert that they had previously lived in Bhutan but who have been
residing within camps administered by the Office of the United Nations
High Commissioner for Refugees in eastern Nepal for as long as seven
years while others have been living outside the camps in Nepal and
India. The Sub-Commission is also aware that the status and origin of
many of these people are the subjects of dispute and should be
determined by an appropriate verification procedure.
“The Sub-Commission expresses its deep concern over the serious
human rights implications of this situation. The Sub-Commission is
particularly concerned about the ongoing programme of resettlement in
southern Bhutan on land that may have previously belonged to refugees.
It therefore urges the two Governments concerned to negotiate in good

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faith towards a peaceful solution consistent with international human
rights standards. The Sub-Commission encourages the parties concerned
to set up an impartial verification process and to make more effective
and urgent efforts to negotiate the voluntary return of the Bhutanese
determined to be refugees, so that they can leave the camps and return
home in conditions of safety and dignity. In this regard, the
Sub-Commission suggests that the Governments involved avail themselves
of technical assistance from the Office of the United Nations High
Commissioner for Human Rights and from the Office of the United Nations
High Commissioner for Refugees, so as to facilitate a fair and lasting
resolution which takes into account representations on behalf of the
displaced population and the principles of international law relating to
non-discrimination; the right to return; the right not to be arbitrarily
deprived of one’s nationality; the reduction of statelessness; and the
realization of economic, social and cultural rights.
“The Sub-Commission calls on the parties concerned to negotiate in
good faith in the hopes of achieving peace and protecting human rights.
“The Sub-Commission hopes by making this statement to contribute
to the protection of human rights in this context and by considering
this matter at its fifty-first session.”
42. The observer for Bhutan made a statement.
Situation of human rights in Belarus
43. At the same meeting, the SubCommission
considered draft
resolution E/CN.4/Sub.2/1997/L.5, sponsored by Mr. Eide, Mr. Diaz Uribe,
Mr. Fix Zamudio, Mr. Goonesekere, Ms. Hampson, Mr. Joinet, Mr. Maxim,
Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Weissbrodt and Mr. Yimer.
44. Mr. Weissbrodt orally proposed to revise operative paragraphs 2 (a), 3
and 4 (b) of the draft resolution. He also proposed to add a new paragraph
which became paragraph 2 (c).
45. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez, Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Mr. Sorabjee
and Ms. Warzazi.
46. The observer for Belarus made a statement.
47. At the request of Mr. Alfonso Martínez, a vote was taken. The
resolution, as revised, was adopted by secret ballot by 17 votes to 4, with
3 abstentions. For the text of the resolution, see chapter II, section A,
resolution 1998/1.

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Situation of human rights in the Democratic People's Republic of Korea
48. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1998/L.7, sponsored by Mr. Bengoa, Mr. Diaz Uribe,
Mr. Eide, Mr. Fix Zamudio, Ms. Hampson, Mr. Joinet, Mr. Khalifa,
Mr. Oloka-Onyango and Mr. Pinheiro.
49. Ms. Warzazi orally proposed to amend operative paragraph 5 and to add a
new paragraph which became paragraph 6.
50. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez, Mr. Diaz Uribe, Mr. Fan Guoxiang, Mr. Joinet and
Mr. Sorabjee.
51. At the request of Mr. Alfonso Martínez, a vote was taken. The
resolution, as amended, was adopted by secret ballot by 19 votes to 4,
with 1 abstention. For the text of the resolution, see chapter II, section A,
resolution 1998/2.
Situation of human rights in Bahrain
52. At the same meeting, Ms. Hampson, on behalf of the sponsors, withdrew
draft resolution E/CN.4/Sub.2/1998/L.9, sponsored by Mr. Bengoa, Mr. Diaz
Uribe, Mr. Eide, Mr. Fix Zamudio, Mr. Goonesekere, Ms. Hampson,
Mr. Oloka-Onyango, Mr. Pinheiro and Mr. Weissbrodt, which read as follows:
“Situation of human rights in Bahrain
“The SubCommission
on Prevention of Discrimination and
Protection of Minorities,
“Reaffirming the obligation of States under the Charter of the
United Nations to promote and encourage universal respect for, and
observance of, human rights and fundamental freedoms for all without
distinction as to race, sex, language or religion,
“Reaffirming also its conviction that racism and racial
discrimination negate the purposes and principles of the Charter of
the United Nations and the Universal Declaration of Human Rights,
“Noting that the elected National Assembly of Bahrain was
dissolved in August 1975, that for 23 years Bahrain has been without an
elected legislature, and that there are no democratic institutions in
Bahrain,
“Noting also that Bahrain is facing problems of internationally
assisted terrorism, and condemning all acts of terrorism in that
country,
“Recalling its resolution 1997/2 of 21 August 1997 in which it
noted the serious human rights situation in Bahrain, including
discrimination against the indigenous Shi'a population, extrajudicial

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killings, persistent use of torture in Bahraini prisons on a large scale
as well as the abuse of women and children who are detained, and
arbitrary detention without trial or access by detainees to legal
advice,
“Welcoming the ratification by the Government of Bahrain of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
“1. Expresses its deep concern about the continuing alleged
gross and systematic violations of human rights in Bahrain;
“2. Urges the Government of Bahrain to comply with applicable
international human rights standards and to ratify the International
Covenants on Human Rights and to take effective domestic measures of
implementation and enforcement with regard to its international
obligations in the field of human rights;
“3. Requests the Commission on Human Rights at its next session
to consider the situation of human rights in Bahrain under its agenda
item entitled 'Question of the violation of human rights and fundamental
freedoms in any part of the world, with particular reference to colonial
and other dependent countries and territories'.”
53. A statement in this connection was made by Mr. Alfonso Martínez.
54. The observer for Bahrain made a statement.
Situation of human rights in Algeria
55. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1998/L.12, sponsored by Mr. Bengoa, Ms. Hampson,
Mr. Joinet, Mr. Pinheiro and Mr. Weissbrodt, which read as follows:
“Situation of human rights in Algeria
“The SubCommission
on Prevention of Discrimination and
Protection of Minorities,
“Reaffirming that all Member States have an obligation to promote
and protect human rights as stated in the Charter of the United Nations
and as elaborated in the Universal Declaration of Human Rights and other
applicable human rights instruments,
“Mindful that Algeria is a party to a variety of international and
regional human rights and humanitarian obligations,
“Noting Commission on Human Rights resolution 1998/47 of
17 April 1998 in which the Commission stated that terrorism in all its
forms and manifestations, can never be justified in any instance and
that the most essential and basic human right is the right to life,

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“Noting also Commission resolution 1998/21 of 9 April 1998 in
which the Commission recognized that tolerance and pluralism strengthen
democracy and facilitate the enjoyment of all human rights and thereby
constitute a sound foundation for civil society, social harmony and
peace,
“1. Condemns with utmost severity the campaign of brutality and
violence being waged against the residents of Algeria by terrorist
groups, including all incidents of massacre, bombing, disappearance,
rape, torture, mutilation and other related human rights abuses;
“2. Expresses its concern:
(a) At the mounting evidence of a general climate of violence,
exacerbated by systematic human rights abuses perpetrated against
Algerians by terrorist groups;
(b) At the inability of human rights defenders to make inquiries
which would allow them to document the human rights situation within the
country, thereby helping to determine who is responsible for the abuses
and the difficulties encountered by the press;
“3. Calls upon the Government of Algeria:
(a) To ensure that no forces for which it is responsible commit
violations of human rights such as unlawful killings, disappearances and
torture;
(b) To take immediate and concrete action in accordance with
international human rights norms in order to maintain and protect the
safety of the civilian population of Algeria, including those deprived
of their liberty;
(c) To investigate and bring to justice those responsible for
terrorizing and murdering Algerian residents, while remaining at all
times in strict adherence with international fair trial standards as
well as other human rights standards;
(d) To facilitate not only missions of information such as that
headed by the former President of Portugal, Mr. Mario Soares, but also
investigative missions by national or, if not, international human
rights and humanitarian organizations with respect to human rights
abuses in Algeria;
(e) To encourage a climate of religious and linguistic tolerance
and foster democratic institutions which can protect human rights;
“4. Invites the international community to pay greater attention
to the human rights situation in Algeria which would help to foster a
climate in which human rights are secured and respected;

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“5. Decides:
(a) To recommend that the Commission on Human Rights consider
the situation of human rights in Algeria at its next session and to
consider the appointment of a Special Rapporteur on the situation of
human rights in Algeria;
(b) That, if the Commission is unable to take action on the
situation of human rights in Algeria, to continue consideration of the
matter at its fiftyfirst
session under the same agenda item.”
56. Mr. Weissbrodt orally proposed to revise the draft resolution as
follows:
(a) Delete from operative paragraph 3 (b), after the words “to take”,
the words “immediate and concrete”;
(b) Delete from operative paragraph 5 (a), after the words “at its
next session”, the words “and to consider the appointment of a Special
Rapporteur on the situation of human rights in Algeria”.
57. The observer for Algeria made a statement.
58. At the request of Mr. Alfonso Martínez and Mr. Khalil, a vote was taken.
The resolution, as revised, was rejected by secret ballot by 10 votes to 10,
with 4 abstentions.
Violations of the rights of human rights defenders in all countries
59. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1998/L.13, sponsored by Mr. Bengoa, Mr. Boutkevitch,
Mr. Diaz Uribe, Mr. Eide, Mr. Fix Zamudio, Mr. Goonesekere, Ms. Hampson,
Mr. Joinet, Mr. Kartashkin, Mr. Khalil, Mr. Maxim, Mr. Mehedi,
Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Sik Yuen, Ms. Warzazi,
Mr. Weissbrodt and Mr. Yimer. Mr. Sik Yuen subsequently withdrew as a
sponsor.
60. Mr. Bengoa orally revised operative paragraphs 1 and 4 of the draft
resolution.
61. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez, Mr. Bengoa, Mr. Joinet, Mr. Kartashkin, Mr. Pinheiro,
Mr. Sik Yuen and Mr. Sorabjee.
62. At the request of Ms. Warzazi, consideration of the draft resolution was
postponed.
63. At its 26th meeting, on 20 August 1998, the Sub-Commission resumed
consideration of draft resolution E/CN.4/Sub.2/1998/L.13.
64. Mr. Kartashkin proposed to revise operative paragraph 2.

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65. Ms. Warzazi proposed to revise operative paragraph 4, as revised by
Mr. Bengoa, and to remove the names of the persons listed in operative
paragraph 4 and to attach them as an annex to the draft resolution. She
further proposed to replace operative paragraph 6 by a new paragraph.
66. Statements in connection with the draft resolution and the proposed
revisions were made by Mr. Alfonso Martínez, Mr. Bengoa, Mr. Fan Guoxiang,
Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Mr. Maxim and Ms. Warzazi.
67. Statements in connection with the draft resolution were made by the
observers for Colombia, Honduras, Myanmar, Nigeria, the Philippines, Tunisia
and Turkey.
68. At the request of Mr. Alfonso Martínez and Mr. Fan Guoxiang, a vote was
taken on the title and on operative paragraphs 2, 5 and 6 of the draft
resolution as revised. The title was adopted by 20 votes to 4. Operative
paragraph 2 was adopted by 17 votes to 6, with 1 abstention. Operative
paragraph 5 was adopted by 19 votes to 5. Operative paragraph 6 was adopted
by 22 votes to 2.
69. At the request of Mr. Alfonso Martínez, a vote was taken on the draft
resolution as a whole. The draft resolution, as revised, was adopted by
secret ballot by 21 votes to 3. For the text of the resolution, see
chapter II, section A, resolution 1998/3.
Developments in the situation in Mexico
70. At its 26th meeting, on 20 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1998/L.18, sponsored by Mr. Bengoa, Mr. Eide,
Ms. Hampson, Mr. Joinet and Mr. Pinheiro.
71. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez, Mr. Bengoa and Mr. Joinet.
72. The observer for Mexico made a statement.
73. At the request of Mr. Alfonso Martínez and Mr. Bengoa, a vote was
taken. The resolution was adopted by secret ballot by 12 votes to 6,
with 6 abstentions. For the text of the resolution, see chapter II,
section A, resolution 1998/4.
Expression of concern at the human rights situation in Kosovo
74. At the 29th meeting, on 21 August 1998, the Chairman, on behalf of the
Sub-Commission, made the following statement concerning the human rights
situation in Kosovo (Federal Republic of Yugoslavia):
“The SubCommission
expresses its serious concern about the
rapidly deteriorating human rights situation in Kosovo (Federal Republic
of Yugoslavia) where ethnic hostilities have claimed hundreds of lives
and have resulted in the displacement of over 10 per cent of the
population. The burning of towns and villages, the destruction of

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property and the continuing threat of violence against the civilian
population of Kosovo have forcibly displaced up to 250,000 persons,
resulting in a serious crisis within the region. The SubCommission
wishes to make a contribution towards resolving the crisis in Kosovo, in
order to ensure the full protection of human rights and in order to
address adequately the problematic situation of displacement caused by
endemic violence. The SubCommission
expresses its great appreciation
for the international humanitarian organizations working to alleviate
the crisis in Kosovo, including the Office of the United Nations
High Commissioner for Refugees and the International Committee of the
Red Cross, and expresses its strong support for these organizations as
they work to repair the severe and widespread damage which has resulted
from ethnic violence within Kosovo.
“In making this statement, the SubCommission
hopes to join in
these efforts in order to contribute towards the achievement of peace
and the protection of human rights in Kosovo. The SubCommission
wishes
to express its strong condemnation of all acts of violence within
Kosovo, including the killings and beatings of civilians, as well as
those violations of human rights perpetrated by persons who are or are
not affiliated with the State. The SubCommission
supports all the
negotiations which should lead to a peaceful and equitable solution for
the protection of the human rights of the people of Kosovo.”
75. Statements in connection with the Chairman's statement were made by
Mr. Kartashkin, Mr. Sorabjee and Ms. Warzazi.

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V. COMPREHENSIVE EXAMINATION OF THEMATIC ISSUES RELATING TO
THE ELIMINATION OF RACIAL DISCRIMINATION:
(a) SITUATION OF MIGRANT WORKERS AND MEMBERS OF THEIR
FAMILIES;
(b) XENOPHOBIA
76. The Sub-Commission considered item 3 at its 12th to 14th
and 26th meetings, on 11, 12 and 20 August 1998.
77. For the list of documents issued under item 3, see annex VI to the
present report.
78. At the 13th meeting, on 11 August 1998, Mr. José Bengoa,
Mr. Mustapha Mehedi and Ms. Shanti Sadiq Ali, a member of the Committee on
the Elimination of Racial Discrimination, presented a joint working paper on
article 7 of the International Convention on the Elimination of All Forms of
Racial Discrimination (E/CN.4/Sub.2/1998/4).
79. In the general debate under item 3, statements 1/ were made by the
following members of the Sub-Commission: Mr. Eide (12th, 13th),
Ms. Hampson (12th), Mr. Joinet (12th), Mr. Kartashkin (12th),
Mr. Khalifa (14th), Ms. Warzazi (12th), Mr. Weissbrodt (12th, 13th).
80. The Sub-Commission also heard a statement by the observer for the
International Labour Organization (12th).
81. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: African Association of Education
for Development (12th), American Association of Jurists (12th), Association
for World Education (13th), Himalayan Research and Cultural Foundation (12th),
Indian Movement “Tupaj Amaru” (12th), Interfaith International (13th),
International Association against Torture (joint statement with the December
Twelfth Movement) (12th), International Confederation of Free Trade
Unions (12th), International Educational Development, Inc. (12th),
International Institute for Non-Aligned Studies (12th), International
Institute of Peace (12th), International Movement against All Forms of
Discrimination and Racism (12th), Movement against Racism and for Friendship
Among Peoples (12th), NorthSouth
XXI (12th), Society for Threatened
Peoples (12th).
82. Statements were made by the observers for: Bangladesh (12th),
Mexico (12th), Turkey (12th).
83. A statement equivalent to a right of reply was made by the observer for
Mexico (13th).
The concept and practice of affirmative action
84. At its 26th meeting, on 20 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1997/L.4, sponsored by Mr. Alfonso Martínez,

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Mr. Diaz Uribe, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix Zamudio, Ms. Hampson,
Mr. Joinet, Mr. Kartashkin, Mr. Khalifa, Mr. Mehedi, Mr. Oloka-Onyango,
Mr. Park, Mr. Sik Yuen, Ms. Udagama, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer
and Mr. Yokota.
85. A statement in connection with the draft resolution was made by
Mr. Weissbrodt.
86. The draft resolution was adopted without a vote. For the text of the
resolution, see chapter II, section A, resolution 1998/5.
The rights of non-citizens
87. At the same meeting, the Sub-Commission considered draft decision
E/CN.4/Sub.2/1998/L.6, sponsored by Mr. Eide, Ms. Hampson, Mr. Joinet,
Mr. Kartashkin, Ms. Warzazi and Mr. Weissbrodt.
88. Statements in connection with the draft decision were made by
Mr. Alfonso Martínez, Mr. Joinet and Mr. Weissbrodt.
89. The draft decision was adopted without a vote. For the text of the
decision, see chapter II, section B, decision 1998/103.
World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance
90. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1998/L.24, sponsored by Mr. Diaz Uribe, Mr. Eide,
Mr. Fix Zamudio, Mr. Khalil, Mr. Maxim, Mr. Oloka-Onyango, Mr. Sik Yuen,
Mr. Weissbrodt, Mr. Yimer and Mr. Yokota. Mr. Bengoa and Mr. Joinet
subsequently joined the sponsors.
91. Mr. Weissbrodt orally proposed the following:
(a) To revise the fourth and thirteenth preambular paragraphs;
(b) To add two new paragraphs, which became paragraphs 2
and 5;
(c) To revise operative paragraphs 4, 7 and 13; and
(d) To delete operative paragraph 10.
92. A statement in connection with the draft resolution was made by
Mr. Alfonso Martínez.
93. The draft resolution, as revised, was adopted without a vote. For the
text of the resolution, see chapter II, section A, resolution 1998/6.

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* Declaration adopted at the 26th session of the General Conference of
ILO, held at Philadelphia in May 1944; the text of the Declaration is annexed
to the ILO Constitution.
94. At the same meeting, Mr. Alfonso Martínez withdrew draft
resolution E/CN.4/Sub.2/1998/L.25, which he had sponsored and which read
as follows:
“World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance
“The SubCommission
on Prevention of Discrimination and Protection
of Minorities,
“Reaffirming the Universal Declaration of Human Rights, the
Charter of the United Nations, the International Covenants on Human
Rights and the International Convention on the Elimination of All Forms
of Racial Discrimination,
“Reaffirming also its firm determination and commitment to
eradicate totally and unconditionally racism in all its forms and racial
discrimination, and its conviction that racism and racial discrimination
constitute a total negation of the purposes and principles of the
Charter of the United Nations and the Universal Declaration of Human
Rights,
“Sharing the deep concern of the fifty-fourth
session of the
Commission on Human Rights, expressed in resolution 1998/26 of
17 April 1998, that despite continuing efforts, contemporary forms of
racism, racial discrimination, any form of discrimination, inter alia
against Blacks, Arabs and Muslims, xenophobia, Negrophobia,
antiSemitism
and related intolerance persist and are even growing in
magnitude, incessantly adopting new forms, including tendencies to
establish policies based on racial, religious, ethnic, cultural and
national superiority or exclusivity,
“Sharing also the grave concern of the fifty-fourth
session of the
Commission that despite the efforts undertaken by the international
community at various levels, racism, racial discrimination, xenophobia
and related forms of intolerance, ethnic antagonism and acts of violence
are showing signs of increase,
“Mindful of the principles of the Philadelphia Declaration, in
particular: <all human beings, irrespective of race, creed or sex, have
the right to pursue both their material wellbeing
and their spiritual
development in conditions of freedom and dignity, of economic security
and equal opportunity'; and <... all national and international policies
and measures, in particular those of an economic and financial
character, should be judged in this light and accepted only insofar as
they may be held to promote and not to hinder the achievement of this
fundamental objective',*

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“Concerned with the phenomenon of globalization, a policy of an
economic and financial character, its tendency to separate macroeconomic
policies from social objectives, and its effect on the right to
development and on the living standards of the masses of people,
“Alarmed by the apparent connection between the advent of
globalization, accompanied by a concentration of wealth on the one hand
and marginalization and exclusion on the other, and the increase in
incidents of racism, racial discrimination, xenophobia and related
intolerance,
“Reiterating its endorsement of the conclusion, initially
formulated in the preparatory document prepared by Mr. Asbjørn Eide
(E/CN.4/Sub.2/1994/21) and repeated in the preliminary report of the
Special Rapporteur, Mr. José Bengoa (E/CN.4/Sub.2/1996/14), that the
concentration of wealth constitutes a serious obstacle to the
realization of human rights, be they economic, social, cultural,
political or civil,
“Noting General Assembly resolution 52/111 of 12 December 1997
which the Assembly decided to convene a World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance, to be held
not later than the year 2001,
“Accepting the invitation of the fifty-fourth
session of the
Commission on Human Rights extended in resolution 1998/26 to carry out
studies without delay, within the framework of the objectives laid down
in General Assembly resolution 52/111, and to transmit its
recommendations to the Commission at its fifty-fifth
session and,
through the Commission, to the Preparatory Committee of the World
Conference,
“Noting the objectives set out in General Assembly
resolution 52/111, in particular:
(a) To review progress made in the fight against racism, racial
discrimination, xenophobia and related intolerance, in particular since
the adoption of the Universal Declaration of Human Rights, and to
reappraise the obstacles to further progress in the field and ways to
overcome them;
(b) To review the political, historical, economic, social,
cultural and other factors leading to racism, racial discrimination,
xenophobia and related intolerance; and
(c) To formulate concrete recommendations to further
actionoriented
national, regional and international measures to combat
all forms of racism, racial discrimination, xenophobia and related
intolerance,

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“1. Decides to recommend to the Commission on Human Rights to
recommended to the Economic and Social Council to authorize the
Secretary-General
to designate one of its members as Special Rapporteur,
for a period of three years, to study the relationship between
globalization and the increase in incidents of racism, racial
discrimination and xenophobia, and to make specific recommendations for
action and followup;
“2. Requests the Special Rapporteur to submit an initial report
to the fiftyfirst
session of the SubCommission
for its consideration
and for transmission, through the Commission on Human Rights, to the
Preparatory Committee of the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance;
“3. Requests the Secretary-General
to invite Governments,
United Nations bodies and agencies, intergovernmental organizations and
nongovernmental
organizations, in particular organizations and
associations of victims of racism, racial discrimination and xenophobia,
to submit to the Special Rapporteur information on the relationship
between globalization and the increase in incidents of racism, racial
discrimination and xenophobia;
“4. Requests the Secretary-General
to ensure that the Special
Rapporteur receives all necessary assistance, in particular the staff
and resources required to fulfil his/her mandate;
“5. Decides to consider the question of the relationship between
globalization and the increase in incidents of racism, racial
discrimination and xenophobia at its next session, under the same agenda
item;
“6. Recommends the following draft resolution to the Commission
on Human Rights for adoption:
'The Commission on Human Rights,
'Taking note of resolution 1998/... of ... August 1998 of
the SubCommission
on Prevention of Discrimination and Protection
of Minorities,
'1. Requests the Economic and Social Council to
authorize the Secretary-General
to appoint one of its members as
Special Rapporteur with the mandate to study the relationship
between globalization and the increase in incidents of racism,
racial discrimination and xenophobia and to make specific
recommendations for action and followup,
and to submit an initial
report to the fifty-fifth
session of the Commission on Human
Rights for its consideration and for transmission to the
Preparatory Committee of the World Conference, as well as to the
fiftyfirst
session of the SubCommission;

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'2. Approves the SubCommission's
requests to the
Secretary-General:
(a) To invite Governments, United Nations bodies and
agencies, intergovernmental organizations and nongovernmental
organizations, in particular organizations and associations
belonging to victims of racism, racial discrimination and
xenophobia, to submit to the Special Rapporteur information on the
relationship between globalization and the increase in incidents
of racism, racial discrimination and xenophobia;
(b) To ensure that the Special Rapporteur receives all
necessary assistance, in particular the staff and resources
required to fulfil his/her mandate.'”
95. Mr. Alfonso Martínez proposed to replace draft
resolution E/CN.4/Sub.2/1998/L.25 by a draft decision entitled “Globalization
in the context of the increase in incidents of racism, racial discrimination
and xenophobia”.
96. The draft decision was adopted without a vote. For the text of the
decision, see chapter II, section B, decision 1998/104.
Situation of migrant workers and members of their families
97. At the same meeting, the SubCommission
considered draft resolution
E/CN.4/Sub.2/1998/L.19, sponsored by Mr. OlokaOnyango,
Mr. Sik Yuen and
Ms. Warzazi. Mr. Joinet and Mr. Khalil subsequently joined the sponsors.
98. The draft resolution was adopted without a vote. For the text of the
resolution, see chapter II, section A, resolution 1998/10.

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VI. THE REALIZATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS:
(a) THE INTERNATIONAL ECONOMIC ORDER AND THE PROMOTION
OF HUMAN RIGHTS;
(b) THE REALIZATION OF THE RIGHT TO DEVELOPMENT;
(c) THE QUESTION OF TRANSNATIONAL CORPORATIONS;
(d) THE REALIZATION OF THE RIGHT TO EDUCATION,
INCLUDING EDUCATION IN HUMAN RIGHTS
99. The Sub-Commission considered item 4 at its 13th to 16th, 26th
and 27th meetings, on 11, 12, 13 and 20 August 1998.
100. For a list of documents issued under item 4, see annex VI to the present
report.
101. At the 13th meeting, on 11 August 1998, the Special Rapporteur on the
relationship between the enjoyment of human rights, in particular economic,
social and cultural rights, and income distribution and human rights,
Mr. José Bengoa, presented his final report and the addendum thereto
(E/CN.4/Sub.2/1997/9 and E/CN.4/Sub.2/1998/8).
102. At the same meeting, Mr. Mustapha Mehedi presented his working paper on
the realization of the right to education, including education in human rights
(E/CN.4/Sub.2/1998/10).
103. At the 14th meeting, on 12 August 1998, Mr. El Hadji Guissé introduced
his working paper on the right of access of everyone to drinking water
supply and sanitation services (E/CN.4/Sub.2/1998/7). At the same meeting,
Mr. Guissé presented his working document on the impact of the activities of
transnational corporations on the realization of economic, social and cultural
rights (E/CN.4/Sub.2/1998/6).
104. At the same meeting, Mr. Asbjørn Eide introduced his report updating his
study on the right to food (E/CN.4/Sub.2/1998/9).
105. In the general debate under item 4, statements 1/ were made by
the following members of the Sub-Commission: Mr. Alfonso Martínez (16th),
Mr. Bengoa (16th), Ms. Daes (16th), Mr. Eide (14th, 16th), Ms. Hampson (14th),
Mr. Joinet (13th, 16th), Mr. Kartashkin (14th), Mr. Khalifa (16th),
Mr. Mehedi (14th), Mr. Park (13th, 14th), Mr. Weissbrodt (13th, 14th),
Mr. Yokota (15th), Mr. Zhong Shukong (13th, 14th).
106. The Sub-Commission also heard a statement by the observer for the
United Nations Educational, Scientific and Cultural Organization (14th).
107. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: African Association of Education
for Development (16th), Afro-Asian Peoples’ Solidarity Organization (15th),
Al-Khoei Foundation (15th), American Association of Jurists (14th), Centre

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Europe-Tiers Monde (15th), European Union of Public Relations (15th),
Franciscans International (15th), Habitat International Coalition (joint
statement with FianFoodfirst
Information and Action Network, Lutheran World
Federation, Youth for Unity of Voluntary Action) (16th), Himalayan Research
and Cultural Foundation (15th), Indian Council of Education (15th), Indian
Movement “Tupaj Amaru” (15th), International Association of Democratic
Lawyers (15th), International Confederation of Free Trade Unions (16th),
International Educational Development, Inc. (15th), International Federation
of Human Rights Leagues (15th), International Institute for Non-Aligned
Studies (15th), International Institute for Peace (15th), International
Organization for the Development of Freedom of Education (joint statement with
Entraide universitaire mondiale) (15th), International Organization for the
Elimination of All Forms of Racial Discrimination (16th), International
Peace Bureau (15th), Movement against Racism and for Friendship among
Peoples (16th), Pax Christi International (15th), Pax Romana (15th),
Transnational Radical Party (14th), Union of Arab Jurists (15th), United Towns
Agency for North-South Cooperation (15th), Women's International Democratic
Federation (16th), World Federation of Trade Unions (15th), World Organization
against Torture (15th), World Muslim Congress (16th).
108. Statements were also made by the observers for: Libyan Arab
Jamahiriya (16th), Mexico (16th), Sudan (16th).
109. Statements equivalent to a right of reply were made by the
observers for: Brazil (16th), Nigeria (16th), Pakistan (16th).
Promotion of the realization of the right to drinking water supply and
sanitation services
110. At its 26th meeting, on 20 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1997/L.2, sponsored by Mr. Eide,
Mr. Fan Guoxiang, Mr. Fix Zamudio, Ms. Hampson, Mr. Joinet, Mr. Khalifa,
Mr. Mehedi, Mr. Oloka-Onyango, Mr. Park, Mr. Sik Yuen, Ms. Warzazi,
Mr. Weissbrodt and Mr. Yokota.
111. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez, Mr. Joinet, Ms. Warzazi and Mr. Weissbrodt.
112. The resolution was adopted without a vote. For the text of the
resolution, see chapter II, section A, 1998/7.
The relationship between the enjoyment of economic, social and cultural rights
and the right to development, and the working methods and activities of
transnational corporations
113. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1997/L.3, sponsored by Mr. Boutkevitch, Ms. Daes, Mr. Diaz Uribe,
Mr. Eide, Mr. Fix Zamudio, Mr. Kartashkin, Mr. Khalifa, Mr. Mehedi,
Mr. OlokaOnyango,
Mr. Park, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt,
Mr. Yimer and Mr. Zhong Shukong. Mr. Alfonso Martínez, Mr. Joinet and
Mr. Sorabjee subsequently joined the sponsors.

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114. Ms. Hampson introduced her proposed amendment to draft resolution
E/CN.4/Sub.2/1997/L.3 (E/CN.4/Sub.2/1997/L.20). The amendment was accepted by
the sponsors and became operative paragraph 4 (f) of the draft resolution.
115. Mr. Yokota proposed to amend subparagraphs (d) and (f) of operative
paragraph 4 of the draft resolution.
116. Statements in connection with the draft resolution and the proposed
amendment were made by Mr. Alfonso Martínez, Mr. Bengoa, Mr. Eide, Mr. Joinet,
Ms. Warzazi and Mr. Weissbrodt.
117. The draft resolution, as amended, was adopted without a vote. For the
text of the resolution, see chapter II, section A, resolution 1998/8.
Transmission of SubCommission
resolution 1996/22 to the Secretary-General
118. At the same meeting, the Sub-Commission considered draft decision
E/CN.4/Sub.2/1997/L.8, sponsored by Mr. Alfonso Martínez, Mr. Bengoa,
Mr. Boutkevitch, Ms. Daes, Mr. Diaz Uribe, Mr. Eide, Mr. Fan Guoxiang,
Mr. Fix Zamudio, Mr. Goonesekere, Mr. Khalifa, Mr. Maxim, Mr. Mehedi,
Mr. Oloka-Onyango, Mr. Park, Ms. Warzazi and Mr. Yimer. Mr. Joinet
subsequently joined the sponsors.
119. The draft decision was adopted without a vote. For the text of the
decision, see chapter II, section B, decision 1998/105.
The right to food
120. At the same meeting, the Sub-Commission considered draft decision
E/CN.4/Sub.2/1998/L.16, sponsored by Mr. Bengoa, Mr. Boutkevitch, Ms. Daes,
Mr. Fan Guoxiang, Mr. Fix Zamudio, Mr. Goonesekere, Ms. Hampson, Mr. Joinet,
Mr. Kartashkin, Mr. Mehedi, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro,
Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer and Mr. Yokota.
Mr. Alfonso Martínez and Mr. Khalil subsequently joined the sponsors.
121. The draft decision was adopted without a vote. For the text of the
decision, see chapter II, section B, decision 1998/106.
Forced evictions
122. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1998/L.17, sponsored by Mr. Bengoa, Mr. Boutkevitch, Ms. Daes,
Mr. Diaz Uribe, Mr. Eide, Mr. Fix Zamudio, Mr. Goonesekere, Ms. Hampson,
Mr. Joinet, Mr. Kartashkin, Mr. Mehedi, Mr. Oloka-Onyango, Mr. Park,
Mr. Pinheiro, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer and Mr. Yokota.
123. A statement in connection with the draft resolution was made by
Mr. Alfonso Martínez.
124. The draft resolution was adopted without a vote. For the text of the
resolution, see chapter II, section A, resolution 1998/9.

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The realization of the right to education, including education in human rights
125. At its 27th meeting, on 20 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1998/L.21, sponsored by Mr. Alfonso Martínez,
Mr. Bengoa, Mr. Boutkevitch, Ms. Daes, Mr. Diaz Uribe, Mr. Eide,
Mr. Fan Guoxiang, Mr. Fix Zamudio, Mr. Goonesekere, Ms. Hampson, Mr. Joinet,
Mr. Kartashkin, Mr. Khalil, Mr. Maxim, Mr. Mehedi, Mr. Oloka-Onyango,
Mr. Park, Mr. Pinheiro, Mr. Sik Yuen, Mr. Weissbrodt, Mr. Yimer and
Mr. Yokota.
126. Mr. Mehedi proposed to add a new paragraph after the eleventh preambular
paragraph and to add a new operative paragraph 4.
127. Ms. Warzazi proposed to delete the fifteenth preambular paragraph and to
amend operative paragraph 3.
128. Statements in connection with the draft resolution on the proposed
amendments were made by Mr. Eide, Mr. Fan Guoxiang, Mr. Kartashkin and
Mr. Mehedi.
129. The draft resolution, as amended, was adopted without a vote. For the
text of the resolution, see chapter II, section A, resolution 1998/11.
Human rights as the primary objective of trade, investment and financial
policy
130. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1998/L.22, sponsored by Mr. Bengoa, Mr. Diaz Uribe, Mr. Eide,
Mr. Goonesekere, Ms. Hampson, Mr. Pinheiro and Mr. Weissbrodt.
131. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez and Mr. Eide.
132. The draft resolution was adopted without a vote. For the text of the
resolution, see chapter II, section A, resolution 1998/12.
Question of the impunity of perpetrators of violations of economic, social
and cultural rights
133. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1998/L.23, sponsored by Mr. Boutkevitch, Mr. Diaz Uribe,
Mr. Eide, Mr. Fix Zamudio, Mr. Goonesekere, Mr. Kartashkin, Mr. Maxim,
Mr. Mehedi, Mr. Oloka-Onyango, Mr. Park and Mr. Sik Yuen.
134. Mr. Weissbrodt proposed to amend the operative paragraph of the draft
resolution.
135. The draft resolution, as amended, was adopted without a vote. For the
text of the resolution see chapter II, section A, resolution 1998/13.

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Human rights and income distribution
136. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1998/L.28, sponsored by Mr. Alfonso Martínez, Mr. Bengoa,
Mr. Eide, Ms. Hampson, Mr. Joinet, Mr. Khalil, Mr. Mehedi, Mr. Oloka-Onyango,
Mr. Park, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt and Mr. Yimer.
137. Mr. Yokota proposed to amend subparagraphs (a), (c) and (d) of operative
paragraph 2 of the draft resolution contained in operative paragraph 4.
138. Statements in connection with the draft resolution and the proposed
amendments were made by Mr. Alfonso Martínez, Mr. Bengoa, Mr. Fan Guoxiang,
Mr. Kartashkin and Mr. Weissbrodt.
139. The draft resolution, as amended, was adopted without a vote. For the
text of the resolution see chapter II, section A, resolution 1998/14.

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VII. THE IMPLEMENTATION OF HUMAN RIGHTS WITH REGARD TO WOMEN:
(a) TRADITIONAL PRACTICES AFFECTING THE HEALTH
OF WOMEN AND THE GIRL CHILD;
(b) THE ROLE AND EQUAL PARTICIPATION OF WOMEN
IN DEVELOPMENT
140. The SubCommission
considered agenda item 5 at its 16th to 18th
and 29th meetings, on 13, 14 and 21 August 1998.
141. For the list of documents issued under item 5, see annex VI to the
present report.
142. At the 16th meeting, on 13 August 1998, Ms. Halima Embarek Warzazi,
Special Rapporteur on traditional practices affecting the health of women and
children, introduced her second report on the situation regarding the
elimination of traditional practices affecting the health of women and the
girl child (E/CN.4/Sub.2/1998/11).
143. In the general debate under item 5, statements 1/ were made by the
following members of the SubCommission:
Mr. Boutkevitch (17th),
Ms. McDougall (17th), Mr. Park (17th).
144. The SubCommission
also heard statements by the observers for the Office
of the United Nations High Commissioner for Refugees (17th) and the
United Nations Population Fund (17th).
145. The SubCommission
also heard statements by representatives of the
following nongovernmental
organizations: African Association of Education
for Development (18th), African Commission of Health and Human Rights
Promoters (joint statement with Femmes Africa Solidarité) (17th), All Pakistan
Women’s Association (17th), Association tunisienne pour l’auto-développement
et la solidarité (17th), European Union of Public Relations (17th), Indian
Council of Education (17th), InterAfrican
Committee on Traditional Practices
Affecting the Health of Women and Children (17th), Interfaith International
(17th), International Association of Democratic Lawyers (17th), International
Confederation of Free Trade Unions (18th), International Educational
Development, Inc. (17th), International Federation of ACAT (Action of
Christians for the Abolition of Torture) (17th), International Peace Bureau
(17th), Liberation (17th), Muslim World League (17th), New Human Rights
(17th), Transnational Radical Party (17th), Women's International Democratic
Federation (17th), World Muslim Congress (17th), World Organization against
Torture (17th).
146. Statements were also made by the observers for: Bangladesh (18th), Iran
(Islamic Republic of) (18th), Iraq (18th), Mexico (18th), Sudan (18th).
Women and the right to land, property and adequate housing
147. At its 29th meeting, on 21 August 1998, the SubCommission
considered
draft resolution E/CN.4/Sub.2/1998/L.29, sponsored by Mr. Boutkevitch,

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Mr. Diaz Uribe, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix Zamudio, Mr. Goonesekere,
Ms. Hampson, Mr. Kartashkin, Ms. Koufa, Mr. Oloka-Onyango, Mr. Sik Yuen,
Mr. Weissbrodt and Mr. Yimer.
148. Mr. Alfonso Martínez proposed to amend operative paragraphs 2, 3, 6, 8,
9 and 10.
149. A statement in connection with the draft resolution was made by
Mr. Weissbrodt.
150. The resolution, as amended, was adopted without a vote. For the text of
the resolution see chapter II, section A, resolution 1998/15.
Traditional practices affecting the health of women and the girl child
151. At the same meeting, the SubCommission
considered draft resolution
E/CN.4/Sub.2/1998/L.30, sponsored by Mr. Diaz Uribe, Mr. Eide,
Mr. Fan Guoxiang, Mr. Kartashkin, Mr. Khalil, Ms. Koufa, Mr. Maxim,
Mr. OlokaOnyango,
Mr. Park, Mr. Pinheiro, Mr. Sik Yuen, Mr. Sorabjee,
Mr. Weissbrodt and Mr. Yimer. Mr. Alfonso Martínez, Ms. Hampson and
Mr. Yokota subsequently joined the sponsors.
152. The resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/16.
Situation of women in Afghanistan
153. At the same meeting, the SubCommission
considered draft resolution
E/CN.4/Sub.2/1998/L.32, sponsored by Mr. Khalil and Ms. Warzazi. Mr. Mehedi
subsequently joined the sponsors.
154. Ms. Warzazi proposed to add a new last preambular paragraph.
155. Statements in connection with the draft resolution or the proposed
revision were made by Mr. Alfonso Martínez, Mr. Eide, Mr. Khalil and
Mr. Mehedi.
156. The observer for Afghanistan made a statement.
157. The draft resolution, as revised, was adopted without a vote. For the
text of the resolution see chapter II, section A, resolution 1998/17.

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VIII. CONTEMPORARY FORMS OF SLAVERY
158. The Sub-Commission considered item 6 at its 18th, 19th and 29th
meetings, on 14 and 29 August 1998.
159. For the list of documents issued under item 6, see annex VI to the
present report.
160. At the 18th meeting, on 14 August 1998, Ms. Gay J. McDougall, Special
Rapporteur on systematic rape, sexual slavery and slavery-like practices
during armed conflict, introduced her final report (E/CN.4/Sub.2/1998/13).
161. At the same meeting, the ChairpersonRapporteur
of the Working Group on
Contemporary Forms of Slavery, Ms. Halima Embarek Warzazi, introduced the
report of the Working Group on its twentythird
session
(E/CN.4/Sub.2/1998/14).
162. In the general debate under item 6, statements 1/ were made by the
following members of the Sub-Commission: Ms. Daes (19th), Mr. Eide
(19th), Mr. Fan Guoxiang (19th), Mr. Maxim (19th), Mr. Park (19th),
Mr.Sik Yuen (18th), Mr. Weissbrodt (19th), Mr. Yimer (18th).
163. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: African Commission of Health
and Human Rights Promoters (19th), Anti-Slavery International (19th), Asian
Women’s Human Rights Council (19th), Christian Solidarity International
(18th), Commission of the Churches on International Affairs of the World
Council of Churches (19th), European Union of Public Relations (19th), Indian
Council of Education (18th), International Association of Democratic
Lawyers (18th), International Educational Development, Inc. (19th),
International Fellowship of Reconciliation (19th), International Movement
against All Forms of Discrimination and Racism (18th), Liberation (joint
statement with Kyosei Renko Chosadan) (19th), North-South XXI (19th),
Pax Romana (19th), World Federation of Democratic Youth (19th), World Alliance
of Reformed Churches (19th).
164. Statements were made by the observers for: Japan (19th),
Philippines (19th), Republic of Korea (19th), Sudan (19th).
165. A statement equivalent to a right of reply was made by the observer for
Mauritania (19th).
Systematic rape, sexual slavery and slavery-like practices during armed
conflict, including internal armed conflict
166. At its 29th meeting, on 21 August 1998, the Sub-Commission considered
draft decision E/CN.4/Sub.2/1998/L.26, sponsored by Mr. Park, Ms. Warzazi,
Mr. Weissbrodt and Mr. Yokota. Mr. Alfonso Martínez, Mr. Mehedi and Mr. Yimer
subsequently joined the sponsors.
167. Mr. Alfonso Martínez proposed to revise the third preambular paragraph
and operative paragraphs 2, 3, 5, 7, 9, 10 and 14.

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168. Statements in connection with the draft resolution were made by Mr. Park
and Mr. Yokota.
169. The draft resolution, as revised, was adopted without a vote. For the
text of the resolution see chapter II, section A, resolution 1998/18.
Report of the Working Group on Contemporary Forms of Slavery
170. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1998/L.31, sponsored by Mr. Maxim, Mr. Park,
Ms. Warzazi, Mr. Weissbrodt and Mr. Yimer. Mr. Alfonso Martínez subsequently
joined the sponsors.
171. Ms. Warzazi proposed to revise operative paragraph 24 of the draft
resolution.
172. The draft resolution, as revised, was adopted without a vote. For the
text of the resolution see chapter II, section A, resolution 1998/19.
United Nations Voluntary Trust Fund on Contemporary Forms of Slavery
173. At the same meeting, the Sub-Commission considered a draft resolution on
the above subject proposed orally by Ms. Warzazi.
174. Statements in connection with the draft resolution were made by
Mr. Weissbrodt and Mr. Yokota.
175. The draft resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/20.

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IX. HUMAN RIGHTS OF INDIGENOUS PEOPLES:
(a) INDIGENOUS PEOPLES AND THEIR
RELATIONSHIP TO LAND
176. The Sub-Commission considered item 7 at its 18th, 20th, 21st
and 29th meetings, on 14, 17 and 21 August 1998.
177. For the list of documents issued under item 7, see annex VI to the
present report.
178. At the 18th meeting, on 14 August 1998, the Chairperson-Rapporteur of
the Working Group on Indigenous Populations, Ms. Erica-Irene Daes,
introduced the report of the Working Group on its sixteenth session
(E/CN.4/Sub.2/1998/16). At the same meeting, Ms. Daes, Special Rapporteur on
indigenous people and their relationship to land, presented her progress
report on the working paper (E/CN.4/Sub.2/1998/15).
179. At the 21st meeting, on 17 August 1998, Mr. Alfonso Martínez, Special
Rapporteur on the study on treaties, agreements and other constructive
arrangements between States and indigenous populations, introduced an informal
document containing the unedited English version of his final report.
180. In the general debate under item 7, statements 1/ were made by the
following members of the Sub-Commission: Mr. Alfonso Martínez (21st),
Mr. Eide (18th), Mr. Kartashkin (18th), Mr. Weissbrodt (21st),
Mr. Yokota (18th).
181. The Sub-Commission heard statements by representatives of the following
nongovernmental
organizations: American Association of Jurists (20th), Asian
Buddhist Conference for Peace (20th), Centre Europe-Tiers Monde (joint
statement with World Federation of Democratic Youth) (20th), European Union of
Public Relations (20th), FianFoodfirst
Information and Action Network (20th),
Franciscans International (20th), Human Rights Advocates (20th), Indian
Council of South America (20th), Indian Movement “Tupaj Amaru” (joint
statement with Indigenous World Association) (20th), International Educational
Development, Inc. (20th), International Federation of Human Rights Leagues
(20th), International Human Rights Association of American Minorities (20th),
International Institute of Peace (20th), International Organization of
Indigenous Resource Development (20th), International Peace Bureau (20th),
Inuit Circumpolar Conference (20th), Movement against Racism and for
Friendship among Peoples (20th), NorthSouth
XXI (20th), Saami Council (20th),
Survival International (21st), World Federation for Mental Health (20th).
182. A statement was made by the observer for Mexico (21st).
Study on indigenous land rights
183. At its 29th meeting, on 21 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1998/L.27, sponsored by Mr. Alfonso Martínez,
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Mr. Diaz Uribe, Mr. Eide, Mr. Fix Zamudio, Mr. Kartashkin, Ms. Koufa,
Ms. Hampson, Mr. Mehedi, Mr. Oloka-Onyango, Mr. Park, Ms. Warzazi,
Mr. Weissbrodt and Mr. Yokota.
184. A statement in connection with the draft resolution was made by
Mr. Eide.
185. The draft resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/21.
Study on treaties, agreements and other constructive agreements between States
and indigenous populations
186. At the same meeting, the Sub-Commission considered draft decision
E/CN.4/Sub.2/1998/L.33, sponsored by Mr. Alfonso Martínez, Mr. Boutkevitch,
Mr. Eide and Ms. Koufa.
187. The draft decision was adopted without a vote. For the text of the
decision see chapter II, section B, decision 1998/107.
International Decade of the World’s Indigenous People
188. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1998/L.34, sponsored by Mr. Alfonso Martínez, Mr. Boutkevitch and
Ms. Koufa.
189. Mr. Alfonso Martínez proposed to insert a new operative paragraph as
paragraph 5, renumbering the subsequent operative paragraphs accordingly.
190. The draft resolution, as revised, was adopted without a vote. For the
text of the resolution see chapter II, section A, resolution 1998/22.
Working Group on Indigenous Populations
191. At the same meeting, the Sub-Commission considered draft resolution
E/CN.4/Sub.2/1998/L.35, sponsored by Mr. Alfonso Martínez, Mr. Boutkevitch and
Ms. Koufa.
192. The draft resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/23.

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X. PREVENTION OF DISCRIMINATION AGAINST AND THE
PROTECTION OF MINORITIES
193. The Sub-Commission considered item 8 at its 21st to 24th and 35th
meetings, on 17, 18, 19 and 26 August 1998.
194. For the list of documents issued under item 8, see annex VI to the
present report.
195. At the 21st meeting, on 17 August 1998, the ChairmanRapporteur
of the
Working Group on Minorities, Mr. Asbjørn Eide, introduced the report of the
Working Group on its fourth session (E/CN.4/Sub.2/1998/18).
196. In the general debate under item 8, statements 1/ were made by the
following members of the Sub-Commission: Mr. Eide (24th), Mr. Fan Guoxiang
(22nd), Mr. Kartashkin (22nd), Mr. Khalil (23rd), Mr. Maxim (22nd),
Mr. Sorabjee (24th), Mr. Yimer (22nd).
197. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: African Association of Education
for Development (23rd), Afro-Asian People’s Solidarity Organization (22nd),
Al-Khoei Foundation (22nd), American Association of Jurists (22nd), Asian
Women’s Human Rights Council (22nd), Association for World Education (22nd),
Christian Solidarity International (23rd), European Union of Public Relations
(22nd), Franciscans International (23rd), Fraternité Notre-Dame (22nd),
Himalayan Research and Cultural Foundation (23rd), International Association
for Religious Freedom (23rd), International Association for the Defence of
Religious Liberty (23rd), International Association of Democratic Lawyers
(22nd), International Educational Development, Inc. (22nd), International
Federation of Free Journalists (22nd), International Fellowship of
Reconciliation (23rd), International Human Rights Association of American
Minorities (23rd), International Institute for Non-Aligned Studies (22nd),
International Institute for Peace (22nd), International Movement for Fraternal
Union among Races and Peoples (23rd), International Organization against All
Forms of Discrimination and Racism (22nd), International Service for Human
Rights (23rd), Liberation (23rd), Minority Rights Group (23rd), Movement
against Racism and for Friendship among Peoples (23rd), Pax Romana (22nd),
Prison Fellowship International (22nd), Transnational Radical Party (22nd),
World Federation of Trade Unions (22nd), World Muslim Congress (23rd).
198. Statements were also made by the observers for: Azerbaijan (23rd),
Eritrea (23rd), Ethiopia (23rd), Pakistan (23rd), Russian Federation (23rd).
199. Statements equivalent to a right of reply were made by the observers
for: Armenia (24th), Azerbaijan (24th), Eritrea (24th), Ethiopia (24th),
Latvia (24th), Sudan (23rd).
Prevention of discrimination against and the protection of minorities
200. At its 35th meeting, on 26 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1998/L.39, sponsored by Mr. Alfonso Martínez,
Mr. Diaz Uribe, Mr. Fan Guoxiang, Mr. Genot, Mr. Gómez-Robledo Verduzco,

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Mr. Goonesekere, Mr. Kartashkin, Ms. Koufa, Mr. Maxim, Mr. Mehedi,
Mr. OlokaOnyango,
Mr. Park, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi,
Mr. Weissbrodt, Mr. Yimer and Mr. Yokota. Mr. Salinas Rivera subsequently
joined the sponsors.
201. A statement in connection with the draft resolution was made by
Mr. Alfonso Martínez.
202. The draft resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/24.

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XI. THE ADMINISTRATION OF JUSTICE AND HUMAN RIGHTS:
(a) QUESTION OF HUMAN RIGHTS AND STATES OF EMERGENCY;
(b) APPLICATION OF INTERNATIONAL STANDARDS CONCERNING
THE HUMAN RIGHTS OF DETAINED JUVENILES;
(c) GROSS AND MASSIVE VIOLATIONS OF HUMAN RIGHTS AS
AN INTERNATIONAL CRIME;
(d) JUVENILE JUSTICE;
(e) PRIVATIZATION OF PRISONS;
(f) INDIVIDUALIZATION OF PROSECUTION AND PENALTIES, AND
REPERCUSSIONS OF VIOLATIONS OF HUMAN RIGHTS ON FAMILIES
203. The Sub-Commission considered item 9 at its 24th, 27th, 28th
and 35th meetings, on 19, 20, 21 and 26 August 1998.
204. For the list of documents issued under item 9, see annex VI to the
present report.
205. At the 24th meeting, on 19 August 1998, the Chairman-Rapporteur of the
sessional working group on the administration of justice, Mr. Louis Joinet,
introduced the report of the working group (E/CN.4/Sub.2/1998/19).
206. In the general debate under item 9, statements 1/ were made by the
following members of the Sub-Commission: Mr. Eide (28th), Ms. Hampson (27th),
Mr. Sorabjee (27th), Ms. Warzazi (24th), Mr. Weissbrodt (24th),
Mr. Zhong Shukong (24th).
207. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: African Association of Education
for Development (27th), American Association of Jurists (24th), Association
tunisienne des mères (28th), Centre EuropeTiers
Monde (24th), Christian
Solidarity International (24th), European Union of Public Relations (27th),
Franciscans International (28th), Himalayan Research and Cultural Foundation
(24th), Indian Movement “Tupaj Amaru” (27th), Interfaith International (24th),
International Association of Democratic Lawyers (24th), International
Commission of Jurists (24th), International Educational Development, Inc.
(24th), International Federation of Human Rights Leagues (27th),
International Human Rights Association of American Minorities (28th),
International Institute for Peace (24th), International Peace Bureau (28th),
International Prison Watch (27th), Inter-Parliamentary Union (27th),
Latin American Federation of Associations of Relatives of Disappeared
Detainees (joint statement with International Service for Human Rights
and Association for the Prevention of Torture) (28th), Liberation (27th),
NorthSouth
XXI (27th), Pax Christi International (27th), Pax Romana (24th),
Society for Threatened Peoples (24th), Transnational Radical Party (24th),
War Resisters International (24th), World Federation of Trade Unions (27th),
World Muslim Congress (28th).

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208. Statements were also made by the observers for: Albania (28th),
Spain (28th).
209. Statements equivalent to a right of reply were made by the observers
for: Eritrea (28th), Tunisia (28th), Yemen (28th).
Draft international convention on the protection of all persons from enforced
disappearance
210. At its 35th meeting, on 26 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1998/L.46, sponsored by Mr. Diaz Uribe,
Mr. Eide, Mr. Gómez-Robledo Verduzco, Mr. Joinet, Mr. Kartashkin, Mr. Khalil,
Ms. Koufa, Mr. Oloka-Onyango, Mr. Park, Mr. Salinas Rivera, Mr. Sik Yuen,
Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and
Mr. Zhong Shukong. Mr. Alfonso Martínez and Ms. Hampson subsequently joined
the sponsors.
211. A statement in connection with the draft resolution was made by
Mr. Alfonso Martínez and Mr. Joinet.
212. The draft resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/25.
Sessional working group on the administration of justice
213. At the same meeting, the Sub-Commission considered a draft decision
on the sessional working group on the administration of justice proposed
by Mr. Joinet.
214. Mr. Alfonso Martínez and Mr. Weissbrodt proposed to amend the first
paragraph of the draft decision.
215. Statements in connection with the draft decision were made by
Mr. Alfonso Martínez, Mr. Joinet, Ms. Warzazi and Mr. Weissbrodt.
216. The draft decision, as amended, was adopted without a vote. For the
text of the decision see chapter II, section B, decision 1998/110.

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XII. FREEDOM OF MOVEMENT:
(a) THE RIGHT TO LEAVE ANY COUNTRY, INCLUDING ONE'S OWN,
AND TO RETURN TO ONE'S OWN COUNTRY, AND THE RIGHT TO
SEEK ASYLUM FROM PERSECUTION;
(b) HUMAN RIGHTS AND POPULATION DISPLACEMENTS
217. The Sub-Commission considered item 10 at its 28th to 30th
and 35th meetings, on 21, 24 and 26 August 1998.
218. For the list of documents issued under item 10, see annex VI to the
present report.
219. In the general debate under item 10, statements 1/ were made by the
following members of the Sub-Commission: Mr. Eide (28th), Ms. Hampson (29th),
Mr. Mehedi (28th), Mr. Sorabjee (29th) and Mr. Weissbrodt (28th).
220. The Sub-Commission heard a statement by the observer for the Office of
the United Nations High Commissioner for Refugees (28th).
221. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: African Association of Education
for Development (30th), Afro-Asian Peoples’ Solidarity Organization (29th),
American Association of Jurists (28th), Association of Refugees and Displaced
Persons of the Republic of BosniaHerzegovina
(29th), Centre Europe-Tiers
Monde (28th), European Union of Public Relations (29th), Himalayan Research
and Cultural Foundation (29th), International Association of Democratic
Lawyers (28th), International Educational Development, Inc. (28th),
International Institute of Peace (29th), International Organization for the
Elimination of All Forms of Racial Discrimination (29th), Liberation (29th),
Movement against Racism and for Friendship among Peoples (29th),
NorthSouth
XXI (28th), Prison Fellowship International (29th), Society for
Threatened Peoples (28th), Survival International (30th), Transnational
Radical Party (28th), Women’s International Democratic Federation (30th),
World Muslim Congress (30th), Worldview International Foundation (28th).
222. Statements were also made by the observers for: Cyprus (30th),
Egypt (30th), Eritrea (30th), Ethiopia (30th), Mexico (30th).
223. Statements equivalent to a right of reply were made by the observers
for: Algeria (30th), Cyprus (30th), Eritrea (30th), Ethiopia (30th),
India (30th), Morocco (30th), Turkey (30th).
Housing and property restitution in the context of the return of refugees and
internally displaced persons
224. At its 35th meeting, on 26 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1998/L.41, sponsored by Mr. Eide, Mr. Genot,
Ms. Koufa, Mr. Mehedi, Mr. Park, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt,
Mr. Yimer and Mr. Yokota. Mr. Goonesekere, Ms. Hampson, Mr. Joinet and
Mr. Maxim subsequently joined the sponsors.

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225. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez and Mr. Joinet.
226. The draft resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/26.
Forced population transfer
227. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1998/L.43, sponsored by Mr. Diaz Uribe, Mr. Eide,
Ms. Hampson, Mr. Joinet, Ms. Koufa, Mr. Khalil and Ms. Warzazi.
228. Mr. Park proposed to amend the first preambular paragraph and
Mr. Shamshur proposed to amend the second preambular paragraph. Ms. Hampson
proposed to revise the last preambular paragraph.
229. Ms. Warzazi made corrections to the French version of the second
preambular paragraph.
230. Mr. Eide proposed to revise operative paragraph 2.
231. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez, Mr. Eide and Mr. Joinet.
232. The draft resolution, as amended and revised, was adopted without a
vote. For the text of the resolution see chapter II, section A,
resolution 1998/27.

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XIII. SITUATION REGARDING THE PROMOTION, FULL REALIZATION
AND PROTECTION OF THE RIGHTS OF CHILDREN AND YOUTH
233. The SubCommission
considered agenda item 11 at its 30th
and 31st meetings, on 24 August 1998.
234. For the list of documents issued under item 11, see annex VI to the
present report.
235. In the general debate under item 11, statements were made by the
following members of the SubCommission:
Mr. Alfonso Martínez (31st),
Mr. Eide (30th), Mr. Weissbrodt (30th).
236. The SubCommission
heard statements by the representatives of the
following nongovernmental
organizations: Enfants du Mondedroits
de
l'homme (30th), Franciscans International (30th), Himalayan Research and
Cultural Foundation (30th), International Association for the Defence of
Religious Liberty (30th), International Educational Development, Inc. (30th),
International Institute for Non-Aligned Studies (30th), International
Institute for Peace (30th), Pax Romana (30th), World Muslim Congress (30th),
World Organization against Torture (30th).
237. Statements were also made by the observers for: Cuba (30th),
Iran (Islamic Republic of) (30th), Mexico (31st).

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XIV. REVIEW OF FURTHER DEVELOPMENTS IN FIELDS WITH WHICH THE
SUBCOMMISSION
HAS BEEN OR MAY BE CONCERNED:
(a) THE FIFTIETH ANNIVERSARY OF THE ADOPTION OF THE
UNIVERSAL DECLARATION OF HUMAN RIGHTS;
(b) REVIEW OF DEVELOPMENTS CONCERNING RECOMMENDATIONS
AND DECISIONS RELATING, INTER ALIA, TO:
(i) PROMOTION, PROTECTION AND RESTORATION OF
HUMAN RIGHTS AT NATIONAL, REGIONAL AND
INTERNATIONAL LEVELS; (ii) ELIMINATION OF ALL
FORMS OF INTOLERANCE AND OF DISCRIMINATION
BASED ON RELIGION OR BELIEF; (iii) ENCOURAGEMENT
OF UNIVERSAL ACCEPTANCE OF HUMAN RIGHTS
INSTRUMENTS; (iv) HUMAN RIGHTS AND SCIENTIFIC
AND TECHNOLOGICAL DEVELOPMENTS;
(c) REVIEW OF ISSUES NOT PREVIOUSLY THE SUBJECT OF
STUDIES BUT WHICH THE SUBCOMMISSION
HAD
DECIDED TO EXAMINE: (i) IMPLICATIONS OF
HUMANITARIAN ACTIVITIES FOR THE ENJOYMENT OF
HUMAN RIGHTS; (ii) TERRORISM AND HUMAN RIGHTS;
(iii) INTERNATIONAL PEACE AND SECURITY AS AN
ESSENTIAL CONDITION FOR THE ENJOYMENT OF HUMAN
RIGHTS, ABOVE ALL THE RIGHT TO LIFE;
(d) HUMAN RIGHTS AND DISABILITY;
(e) OTHER NEW DEVELOPMENTS: (i) ADVERSE CONSEQUENCES
OF THE TRANSFER OF ARMS AND ILLICIT TRAFFICKING
IN ARMS ON THE ENJOYMENT OF HUMAN RIGHTS;
(ii) ARBITRARY DEPRIVATION OF NATIONALITY
238. The Sub-Commission considered item 12 at its 30th, 31st, 34th
and 35th meetings, on 24 and 26 August 1998.
239. For the list of documents issued under item 12, see annex VI to
the present report.
Special meeting to commemorate the fiftieth anniversary of UDHR
240. At the 34th meeting, on 26 August 1998, the Sub-Commission held a
special meeting to commemorate the fiftieth anniversary of the adoption of the
Universal Declaration of Human Rights.
241. In this connection, statements were made by the following speakers:
Ms. Mary Robinson, United Nations High Commissioner for Human Rights, Mr. Eide
(on behalf of the Western European Group), Mr. Fan Guoxiang (on behalf of the
Asian Group), Mr. Goonesekere, Ms. Hampson, Mr. Khalil (on behalf of the
African Group), Mr. Kartashkin (on behalf of the Eastern European Group),
Mr. Mehedi, Mr. Salinas Rivera (on behalf of the Latin American Group),
Mr. Sorabjee, Mr. Yokota, Ms. Warzazi.

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242. At the 30th meeting, on 24 August 1998, Ms. Kalliopi Koufa, Special
Rapporteur on the question of human rights and terrorism, made a statement.
243. In the general debate under item 12, statements 1/ were made by the
following members of the Sub-Commission: Mr. Eide (31st, 34th), Mr. Genot
(31st), Mr. Goonesekere (30th), Ms. Hampson (31st), Mr. Kartashkin (34th),
Mr. Khalil (30th), Mr. Mehedi (31st, 34th), Mr. Park (31st), Mr. Sorabjee
(31st, 34th), Ms. Warzazi (31st, 34th), Mr. Weissbrodt (34th).
244. The Sub-Commission heard a statement by the observer for the Office
of the United Nations High Commissioner for Refugees (31st).
245. The Sub-Commission also heard statements by the representatives of the
following non-governmental organizations: African Commission of Health and
Human Rights Promoters (31st), Afro-Asian Peoples' Solidarity Organization
(31st), American Association of Jurists (31st), Association for the Prevention
of Torture (34th), Association for World Education (30th), Centre Europe-Tiers
Monde (31st), Christian Solidarity International (31st), Consultative Council
of Jewish Organizations (31st), European Union of Public Relations (31st),
Franciscans International (34th), Himalayan Research and Cultural Foundation
(31st), Interfaith International (34th), International Association for
Religious Freedom (30th), International Buddhist Foundation (31st),
International Council of Jewish Women (34th), International Educational
Development, Inc. (31st), International Federation of Human Rights Leagues
(31st), International Institute for Non-Aligned Studies (31st), International
Institute for Peace (31st), International Organization for the Development of
Freedom of Education (34th), International Prison Watch (31st), Pax Christi
International (34th), Pax Romana (joint statement with World Organization
against Torture) (31st), Prison Fellowship International (joint statement with
Christian Solidarity Worldwide) (31st), War Resisters International (31st),
World Federation for Mental Health (31st), World Federation of Trade Unions
(31st), World Muslim Congress (34th).
246. At its 34th meeting, on 26 August 1998, the Sub-Commission heard
statements by the observers for: Algeria, Armenia, Azerbaijan, Egypt,
Eritrea, Ethiopia, Pakistan, Sudan, Turkey.
247. At the same meeting, statements equivalent to a right of reply were made
by the observers for: Eritrea, Ethiopia, Viet Nam.
Promotion of dialogue on human rights issues
248. At its 35th meeting, on 26 August 1998, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1998/L.36, sponsored by Mr. Alfonso Martínez,
Mr. Boutkevitch, Mr. Diaz Uribe, Mr. Eide, Mr. Fan Guoxiang, Mr. Genot,
Mr. Gómez-Robledo Verduzco, Mr. Goonesekere, Mr. Kartashkin, Mr. Khalil,
Ms. Koufa, Mr. Maxim, Mr. Mehedi, Mr. Oloka-Onyango, Mr. Park, Mr. Sik Yuen,
Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer and Mr. Yokota.
Mr. Joinet subsequently joined the sponsors.
249. The draft resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/28.

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Human rights and terrorism
250. At the same meeting the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1998/L.37, sponsored by Mr. Alfonso Martínez,
Mr. Bengoa, Mr. Boutkevitch, Mr. Diaz Uribe, Mr. Eide, Mr. Fan Guoxiang,
Mr. Genot, Mr. Gómez-Robledo Verduzco, Mr. Goonesekere, Ms. Hampson,
Mr. Kartashkin, Mr. Khalil, Mr. Maxim, Mr. Mehedi, Mr. Oloka-Onyango,
Mr. Park, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer
and Mr. Yokota. Mr. Joinet subsequently joined the sponsors.
251. Statements in connection with the draft resolution were made by
Mr. Joinet, Mr. Salinas Rivera and Ms. Warzazi.
252. The draft resolution was adopted without a vote. For the text of the
resolution see chapter II, section A, resolution 1998/29.
Working paper on a study of weapons of mass destruction or with indiscriminate
effect, or of a nature to cause superfluous injury or unnecessary suffering
253. At the same meeting, the Sub-Commission considered draft
decision E/CN.4/Sub.2/1998/L.38, sponsored by Mr. Alfonso Martínez,
Mr. Boutkevitch, Mr. Diaz Uribe, Mr. Eide, Mr. Fan Guoxiang, Mr. Genot,
Mr. Gómez-Robledo Verduzco, Mr. Goonesekere, Ms. Hampson, Mr. Kartashkin,
Mr. Khalil, Ms. Koufa, Mr. Maxim, Mr. Mehedi, Mr. Park, Mr. Salinas Rivera,
Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer and
Mr. Yokota. Mr. Joinet subsequently joined the sponsors.
254. Statements in connection with the draft decision were made by Mr. Genot
and Ms. Hampson.
255. The draft decision was adopted without a vote. For the text of the
decision see chapter II, section B, decision 1998/111.
Adverse consequences of economic sanctions on the enjoyment of human rights
256. At the same meeting, the Sub-Commission considered draft
decision E/CN.4/Sub.2/1998/L.40, sponsored by Mr. Boutkevitch, Mr. Diaz Uribe,
Mr. Eide, Mr. Genot, Mr. Gómez-Robledo Verduzco, Ms. Hampson, Mr. Khalil,
Ms. Koufa, Mr. Maxim, Mr. Park, Mr. Salinas Rivera, Mr. Sik Yuen and
Ms. Warzazi. Mr. Joinet and Mr. Mehedi subsequently joined the sponsors.
257. Statements in connection with the draft decision were made by
Mr. Alfonso Martínez, Mr. Eide, Mr. Genot, Mr. Joinet, Mr. Kartashkin
and Mr. Salinas Rivera.
258. The draft decision was adopted without a vote. For the text of the
decision see chapter II, section B, decision 1998/112.
Reservations to human rights treaties
259. At the same meeting, the Sub-Commission considered draft
decision E/CN.4/Sub.2/1998/L.42, sponsored by Mr. Diaz Uribe, Mr. Eide,

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Mr. Fan Guoxiang, Mr. Genot, Mr. Gómez-Robledo Verduzco, Mr. Goonesekere,
Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Mr. Khalil, Ms. Koufa, Mr. Mehedi,
Mr. Oloka-Onyango, Mr. Park, Mr. Salinas Rivera, Mr. Sik Yuen, Mr. Sorabjee,
Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer and Mr. Yokota.
260. Statements in connection with the draft decision were made by
Mr. Alfonso Martínez, Mr. Eide, Ms. Hampson, Mr. Joinet, Mr. Kartashkin,
Mr. Mehedi, Ms. Warzazi, Mr. Weissbrodt and Mr. Yokota.
261. The draft decision was adopted without a vote. For the text of the
decision see chapter II, section B, decision 1998/113.
Humanitarian situation in Iraq
262. At the same meeting, the Sub-Commission considered draft
decision E/CN.4/Sub.2/1998/L.44, sponsored by Mr. Diaz Uribe, Mr. Eide,
Ms. Hampson, Mr. Joinet, Mr. Khalil, Mr. Maxim and Ms. Warzazi. Mr. Mehedi
subsequently joined the sponsors.
263. Ms. Warzazi proposed to revise the draft decision.
264. Statements in connection with the draft decision were made by Mr. Eide,
Mr. Joinet and Ms. Warzazi.
265. The draft decision, as revised, was adopted without a vote. For the text
of the decision see chapter II, section B, decision 1998/114.
Adverse effects of anti-personnel landmines
266. At the same meeting, the Sub-Commission considered draft
resolution E/CN.4/Sub.2/1998/L.45, sponsored by Mr. Diaz Uribe, Mr. Genot,
Ms. Hampson, Ms. Koufa, Mr. OlokaOnyango,
Mr. Salinas Rivera and
Mr. Weissbrodt. Mr. Eide, Mr. Gómez-Robledo Verduzco, Mr. Joinet, Mr. Maxim,
Mr. Mehedi, Mr. Sik Yuen and Mr. Yimer subsequently joined the sponsors.
267. Mr. Joinet proposed to revise the title of the draft resolution.
268. Ms. Warzazi proposed to amend the resolution by inserting a new eleventh
preambular paragraph and a new operative paragraph 5.
269. Statements in connection with the draft resolution were made by
Mr. Alfonso Martínez, Mr. Fan Guoxiang, Mr. Genot, Ms. Hampson, Mr. Joinet,
Mr. Khalil, Mr. Park, Mr. Salinas Rivera, Ms. Warzazi, Mr. Weissbrodt and
Mr. Yokota.
270. The draft resolution, as revised and amended, was adopted without
a vote. For the text of the resolution see chapter II, section A,
resolution 1998/30.

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Observance of human rights by States not parties to United Nations human
rights conventions
271. At the same meeting, the Sub-Commission considered a draft
decision proposed by Mr. Eide, Mr. Kartashkin, Ms. Koufa and Mr. Mehedi.
272. Mr. Eide proposed to revise the draft decision.
273. Statements in connection with the draft decision were made by
Mr. Alfonso Martínez, Mr. Eide, Mr. Fan Guoxiang, Mr. Joinet, Mr. Kartashkin,
Ms. Warzazi and Mr. Yokota.
274. The draft decision, as revised, was adopted without a vote. For the
text of the decision see chapter II, section B, decision 1998/115.

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XV. COMMUNICATIONS CONCERNING HUMAN RIGHTS: REPORT OF
THE WORKING GROUP ESTABLISHED UNDER SUBCOMMISSION
RESOLUTION 2 (XXIV) IN ACCORDANCE WITH ECONOMIC
AND SOCIAL COUNCIL RESOLUTION 1503 (XLVIII)
275. The Sub-Commission considered item 13 at its 32nd, 33rd
and 36th meetings on 25 and 28 August 1998.
276. By resolution 1503 (XLVIII) of 27 May 1970, 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.
277. The procedure to be followed by the Working Group on Communications in
deciding on the admissibility of communications was established by
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.
278. The Sub-Commission had before it a confidential report on the work of
the Working Group on Communications at its twenty-sixth session, held from
20 to 31 July 1998 (E/CN.4/Sub.2/1998/R.1 and addenda), certain communications
which had been kept pending before the Sub-Commission since its forty-ninth
session in 1997, as well as all government replies relevant to the material
before it. The Sub-Commission noted with appreciation that a large number of
government replies, including detailed and substantive replies, had been
received in response to communications forwarded to Governments under Council
resolution 728 F (XXVIII), and was pleased to see an increasing display of
international cooperation. The Sub-Commission wishes to stress in this
connection that government cooperation is essential for the proper functioning
of the bodies entrusted with the implementation of the procedure governed by
Council resolution 1503 (XLVIII). In view of the number and volume of replies
submitted under the 1503 procedure by Governments, the Sub-Commission requests
that Governments consider submitting, whenever possible, five copies of each
reply to the secretariat of the 1503 procedure.
279. The Sub-Commission wishes to reiterate that in accordance with Council
resolution 1503 (XLVIII), its Working Group on Communications has a mandate to
“consider all communications ... received by the Secretary-General under
Council resolution 728 F (XXVIII) of 30 July 1959”, and that resolution 728 F
refers to communications, “however addressed”. It is therefore the view of
the Sub-Commission that communications sent by e-mail should not be excluded
from the 1503 procedure.

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280. Mr. F. Yimer, Chairman-Rapporteur of the Working Group on
Communications, introduced the Working Group's report and drew attention,
as appropriate, to the material which was pending before the Sub-Commission
since its forty-ninth session.
281. Following the discussion which ensued, the Sub-Commission decided,
pursuant to paragraph 5 of 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 fifty-first session in 1999, and to take no
action with regard to other communications.
282. At its 36th meeting (closed part), on 28 August 1998, the
Sub-Commission adopted a confidential report, pursuant to paragraph 8 of
Council resolution 1503 (XLVIII), by which it communicated to the Commission
on Human Rights its decisions taken under paragraph 5 of that resolution.
283. At its 36th meeting, on 28 August 1998, the Sub-Commission decided on
the composition of its Working Group on Communications that would meet prior
to its fifty-first session. For the composition of the Working Group, see
chapter II, section B, decision 1998/109.

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XVI. CONCLUDING ITEMS:
(a) CONSIDERATION OF THE FUTURE WORK OF THE SUBCOMMISSION;
(b) DRAFT PROVISIONAL AGENDA FOR THE FIFTY-FIRST SESSION
OF THE SUBCOMMISSION;
(c) ADOPTION OF THE REPORT ON THE FIFTIETH SESSION
284. The SubCommission
considered agenda item 14 at its 36th meeting,
on 28 August 1998.
285. In accordance with paragraph 3 of Economic and Social Council
resolution 1894 (LVII) of 1 August 1974, the SubCommission
had before it
document E/CN.4/Sub.2/1998/L.1 containing the draft provisional agenda for the
fifty-first session of the SubCommission.
286. Statements in connection with the draft provisional agenda were made by
Mr. Alfonso Martínez, Mr. Fan Guoxiang, Ms. Hampson, Mr. Joinet,
Mr. Kartashkin, Ms. Warzazi and Mr. Weissbrodt.
287. At the proposal of Ms. Warzazi, the Sub-Commission agreed to delete from
the title of item 2, the words “and of apartheid”.
288. The draft provisional agenda reads as follows:
1. Organization of work:
(a) Election of officers;
(b) Adoption of the agenda;
(c) Methods of work of the Sub-Commission.
Legislative authority: Commission on Human Rights
resolution 1998/28; Sub-Commission resolution 1992/8 and
decisions 1994/117, 1995/112, 1995/113, 1997/113 and 1998/108.
Documentation:
New revised working paper by Mr. Hatano relating to the methods of
work of the Sub-Commission (decision 1998/108).
2. Question of the violation of human rights and fundamental
freedoms, including policies of racial discrimination and
segregation, 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 1998/1, 1998/2,
1998/3 and 1998/4; Chairman’s statement on the Bhutanese
refugees agreed on by consensus by the Sub-Commission, made on
19 August 1998.

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Documentation:
Report of the High Commissioner for Human Rights
(resolution 1998/3, para. 5).
3. Comprehensive examination of thematic issues relating to the
elimination of racial discrimination:
(a) Situation of migrant workers and members of their families;
(b) Xenophobia.
Legislative authority: Sub-Commission resolutions 1994/4, 1998/5,
1998/6 and 1998/10 and decisions 1998/103 and 1998/104.
Documentation:
(a) Preliminary report of the Special Rapporteur on the concept
and practice of affirmative action (resolution 1998/5,
para. 2);
(b) Working paper by Mr. Pinheiro on proposals for the work of
the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance (resolution 1998/6,
para. 9);
(c) Working paper by Mr. Weissbrodt on the rights of persons
who are not citizens of the country in which they live
(decision 1998/103);
(d) Working paper by Mr. Oloka-Onyango on the topic of
globalization in the context of the increase in incidents
of racism, racial discrimination and xenophobia
(decision 1998/104).
4. The realization of economic, social and cultural rights:
(a) The international economic order and the promotion of human
rights;
(b) The realization of the right to development;
(c) The question of transnational corporations;
(d) The realization of the right to education, including
education in human rights.
Legislative authority: Sub-Commission resolutions 1989/1,
1996/22, 1998/7, 1998/8, 1998/9, 1998/11, 1998/12 and 1998/14
and decision 1998/106.

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Documentation:
(a) Preliminary report of the Special Rapporteur on the
promotion of the realization of the right to drinking water
supply and sanitation (resolution 1998/7, para. 3);
(b) Report of the sessional working group on the working
methods and activities of transnational corporations
(resolution 1998/8, para. 5);
(c) Detailed working paper by Mr. Mehedi on the right to
education (resolution 1998/11, para. 3);
(d) Working paper by Mr. Oloka-Onyango and Ms. Udagama on human
rights as the primary objective of trade, investment and
financial policy (resolution 1998/12, paras. 4 and 5);
(e) Updated study on the right to food by Mr. Eide
(decision 1998/106).
5. The implementation of human rights with regard to women:
(a) Traditional practices affecting the health of women and the
girl child;
(b) The role and equal participation of women in development.
Legislative authority: Sub-Commission resolutions 1998/16
and 1998/17.
Documentation:
(a) Report of the Special Rapporteur on traditional practices
affecting the health of women and the girl child
(resolution 1998/16, para. 9);
(b) Report of the Secretary-General (resolution 1998/17,
para. 6).
6. Contemporary forms of slavery
Legislative authority: Economic and Social Council decisions 16
and 17 (LVI) and Sub-Commission resolutions 1989/41, 1998/18,
1998/19 and 1998/20.
Documentation:
(a) Updated report of the Special Rapporteur on systematic rape,
sexual slavery and slavery-like practices during armed
conflict (resolution 1998/18, para. 13);

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(b) Report of the Working Group on Contemporary Forms of Slavery
on its twenty-fourth session (resolution 1998/19).
7. Human rights of indigenous peoples:
(a) Indigenous peoples and their relationship to land
Legislative authority: Economic and Social Council
resolutions 1982/34 and 1989/77; Commission on Human Rights
resolution 1998/13; Sub-Commission resolutions 1998/21 and 1998/23
and decision 1998/107.
Documentation:
(a) Final working paper of the Special Rapporteur on indigenous
land rights (resolution 1998/21, para. 3);
(b) Report of the Working Group on Indigenous Populations on its
seventeenth session (resolution 1998/23);
(c) Final report of the Special Rapporteur on the study on
treaties, agreements and other constructive arrangements
between States and indigenous populations
(decision 1998/107).
8. Prevention of discrimination against and the protection of
minorities
Legislative authority: Commission on Human Rights
resolutions 1995/24 and 1998/19; Sub-Commission resolutions 1994/4
and 1998/24.
Documentation:
Report of the Working Group on its fifth session
(resolution 1998/24).
9. The administration of justice and human rights:
(a) Question of human rights and states of emergency;
(b) Application of international standards concerning the human
rights of detained juveniles;
(c) Gross and massive violations of human rights as an
international crime;
(d) Juvenile justice;
(e) Privatization of prisons;

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(f) Individualization of prosecution and penalties, and
repercussions of violations of human rights on families.
Legislative authority: Sub-Commission decision 1998/110.
10. Freedom of movement:
(a) The right to leave any country, including one's own, and to
return to one's own country, and the right to seek asylum
from persecution;
(b) Human rights and population displacements.
Legislative authority: Sub-Commission resolutions 1994/24 and
1998/26.
11. Situation regarding the promotion, full realization and protection
of the rights of children and youth.
12. Review of further developments in fields with which the
Sub-Commission has been or may be concerned:
(a) Review of developments concerning recommendations and
decisions relating, inter alia, to:
(i) Promotion, protection and restoration of human rights
at national, regional and international levels;
(ii) Encouragement of universal acceptance of human
rights instruments and observance of the human
rights and fundamental freedoms contained in the
Universal Declaration of Human Rights by States which
are not parties to United Nations human rights
conventions;
(b) Review of issues not previously the subject of studies but
which the Sub-Commission had decided to examine:
(i) Implications of humanitarian activities for the
enjoyment of human rights;
(ii) Terrorism and human rights;
(c) Human rights and disability;
(d) Other new developments:
(i) Adverse consequences of the transfer of arms and
illicit trafficking in arms on the enjoyment of
human rights;
(ii) Arbitrary deprivation of nationality.

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Legislative authority: Sub-Commission resolutions 1998/28,
1998/29 and 1998/30 and decisions 1998/111, 1998/112, 1998/113 and
1998/115.
Documentation:
(a) Preliminary report by the Special Rapporteur on terrorism
and human rights (resolution 1998/29, para. 1);
(b) Working paper by Ms. Forero Ucros concerning a study on
weapons of mass destruction or with indiscriminate effect,
or of a nature to cause superfluous injury or unnecessary
suffering (decision 1998/111);
(c) Working paper by Ms. Hampson on the question of reservations
to human rights treaties (decision 1998/113);
(d) Working paper by Mr. Kartashkin on observance of the
human rights and fundamental freedoms contained in the
Universal Declaration on Human Rights by States which are
not parties to United Nations human rights conventions
(decision 1998/115).
13. Communications concerning human rights: report of the Working
Group on Communications 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).
Documentation:
Confidential report of the Working Group and supporting papers.
14. Concluding items:
(a) Consideration of the future work of the Sub-Commission;
(b) Draft provisional agenda for the fifty-second session of the
Sub-Commission;
(c) Adoption of the report of the fifty-first session.
Legislative authority: Economic and Social Council
resolution 1894 (LVII).

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Documentation:
Note by the Secretary-General containing the draft provisional
agenda for the fifty-second session of the Sub-Commission,
together with information concerning documentation relating
thereto.
289. At the same meeting, the SubCommission
had before it the draft report
on the work of its fiftieth session (E/CN.4/Sub.2/1998/L.10 and addenda, and
E/CN.4/Sub.2/1998/L.11 and addenda).
290. Statements in this connection were made by Mr. Alfonso Martínez,
Mr. Joinet, Mr. Khalil and Ms. Warzazi.
291. At the same meeting, the SubCommission
adopted the draft report
ad referendum and decided to entrust the Rapporteur with its finalization.
292. At the same meeting, concluding remarks were made by Mr. Guissé,
Chairman of the fiftieth session of the Sub-Commission. Mr. Alfonso Martínez
(on behalf of the Latin American Group), Mr. Kartashkin (on behalf of the
East European Group), Mr. Park (on behalf of the Asian Group), Ms. Warzazi
(on behalf of the African Group) and Mr. Weissbrodt (on behalf of the Western
Group) also made concluding remarks.
Note
1/ The numbers in parentheses indicate the meeting at which the
statement was made.

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Annex I
AGENDA
1. Organization of work:
(a) Election of officers;
(b) Adoption of the agenda;
(c) Methods of work of the SubCommission.
2. 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 SubCommission
under Commission on Human Rights resolution 8 (XXIII).
3. Comprehensive examination of thematic issues relating to the elimination
of racial discrimination:
(a) Situation of migrant workers and members of their families;
(b) Xenophobia.
4. The realization of economic, social and cultural rights:
(a) The international economic order and the promotion of human
rights;
(b) The realization of the right to development;
(c) The question of transnational corporations;
(d) The realization of the right to education, including education in
human rights.
5. The implementation of human rights with regard to women:
(a) Traditional practices affecting the health of women and the girl
child;
(b) The role and equal participation of women in development.
6. Contemporary forms of slavery.
7. Human rights of indigenous peoples:
(a) Indigenous peoples and their relationship to land.
8. Prevention of discrimination against and the protection of minorities.

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9. The administration of justice and human rights:
(a) Question of human rights and states of emergency;
(b) Application of international standards concerning the human rights
of detained juveniles;
(c) Gross and massive violations of human rights as an international
crime;
(d) Juvenile justice;
(e) Privatization of prisons;
(f) Individualization of prosecution and penalties, and repercussions
of violations of human rights on families.
10. Freedom of movement:
(a) The right to leave any country, including one's own, and to
return to one's own country, and the right to seek asylum from
persecution;
(b) Human rights and population displacements.
11. Situation regarding the promotion, full realization and protection of
the rights of children and youth.
12. Review of further developments in fields with which the SubCommission
has been or may be concerned:
(a) The fiftieth anniversary of the adoption of the Universal
Declaration of Human Rights;
(b) Review of developments concerning recommendations and decisions
relating, inter alia, to:
(i) Promotion, protection and restoration of human rights at
national, regional and international levels;
(ii) Elimination of all forms of intolerance and of
discrimination based on religion or belief;
(iii) Encouragement of universal acceptance of human rights
instruments;
(iv) Human rights and scientific and technological developments;

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(c) Review of issues not previously the subject of studies but which
the SubCommission
had decided to examine:
(i) Implications of humanitarian activities for the enjoyment of
human rights;
(ii) Human rights and terrorism;
(iii) International peace and security as an essential condition
for the enjoyment of human rights, above all the right to
life;
(d) Human rights and disability;
(e) Other new developments:
(i) Adverse consequences of the transfer of arms and illicit
trafficking in arms on the enjoyment of human rights;
(ii) Arbitrary deprivation of nationality.
13. Communications concerning human rights; report of the Working Group
established under SubCommission
resolution 2 (XXIV) in accordance with
Economic and Social Council resolution 1503 (XLVIII).
14. Concluding items:
(a) Consideration of the future work of the SubCommission;
(b) Draft provisional agenda for the fifty-first session of the
SubCommission;
(c) Adoption of the report on the fiftieth session.

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Annex II

LIST OF ATTENDANCE

Members and alternates

Name Country of nationality
Mr. Miguel Alfonso Martinez (Cuba)
Mr. José Bengoa Mr. Alejandro Salinas Rivera* (Chile)
Mr. Volodymir Boutkevitch Mr. Oleg Shamshur* (Ukraine)
Ms. Erica-Irene Daes Ms. Kalliopi Koufa* (Greece)
Mr. Alberto Diaz Uribe* (Colombia)
Mr. Asbjörn Eide (Norway)
Mr. Fan Guoxiang Mr. Zhong Shukong* (China)
Mr. Héctor Fix Zamudio Mr. Alonso Gómez-Robledo Veduzco* (Mexico)
Mr. Guy Genot* (Belgium)
Mr. Rajendra Kalidas Wimala Goonesekere Ms. Deepika Udagama* (Sri Lanka)
Mr. El Hadji Guissé (Senegal)
Ms. Françoise Jane Hampson Ms. Helena Cook* (United Kingdom of Great Britain and Northern Ireland)
Mr. Louis Joinet Mr. Emmanuel Decaux* (France)
Mr. Ahmed Khalifa Mr. Ahmed Khalil* (Egypt)
Mr. Ioan Maxim (Romania)
Mr. Mustapha Mehedi (Algeria)

* Alternate
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Name Country of nationality
Mr. Joseph Oloka-Onyango (Uganda)
Mr. Sang Yong Park Mr. Myung Chul Hahm* (Republic of Korea)
Mr. Paulo Sérgio Pinheiro (Brazil)
Mr. Teimuraz Ramishvili Mr. Vladimir Kartashkin* (Russian Federation)
Mr. Yeung Kam Yeung Sik Yuen (Mauritius)
Mr. Soli Jehangir Sorabjee (India)
Ms. Halima Embarek Warzazi (Morocco)
Mr. David Weissbrodt Ms. Gay McDougall* (United States of America)
Mr. Fisseha Yimer (Ethiopia)
Mr. Yozo Yokota* (Japan)

States Members of the United Nations represented by observers
Afghanistan, Albania, Algeria, Argentina, Armenia, Austria, Azerbaijan,
Bahrain, Bangladesh, Belarus, Belgium, Bhutan, Brazil, Bulgaria, Canada,
Chile, China, Congo, Costa Rica, Côte D’Ivoire, Croatia, Cuba, Cyprus,
Czech Republic, Democratic Republic of the Congo, Denmark, Dominican Republic,
Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, France,
Georgia, Germany, Greece, Guatemala, Haiti, Honduras, Hungary, India,
Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Israel, Italy, Japan,
Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Libyan Arab Jamahiriya,
Lithuania, Madagascar, Malaysia, Malta, Mauritania, Mexico, Morocco, Myanmar,
Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Pakistan,
Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea,
Republic of Moldova, Romania, Russian Federation, San Marino, Saudi Arabia,
Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Sweden,
Syrian Arab Republic, Thailand, The former Yugoslav Republic of Macedonia,
Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom of
Great Britain and Northern Ireland, United Republic of Tanzania, United States
of America, Uruguay, Venezuela, Viet Nam, Yemen, Zambia.
Non-member States represented by observers
Holy See, Switzerland.
Other observers
Palestine.

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United Nations bodies
Office for the Coordination of Humanitarian Affairs, Office of the
United Nations High Commissioner for Refugees, Subcommittee on Nutrition of
the United Nations Administrative Committee on Coordination, United Nations
Centre for Human Settlements, United Nations Children’s Fund, United Nations
Conference on Trade and Development, United Nations Development Programme,
United Nations Institute for Disarmament Research, United Nations
NonGovernmental
Liaison Service, United Nations Population Fund,
United Nations Research Institute for Social Development, United Nations
Volunteers.
Specialized agencies
Food and Agriculture Organization of the United Nations, International Labour
Organization, International Monetary Fund, International Telecommunication
Union, United Nations Educational, Scientific and Cultural Organization, World
Health Organization.
Intergovernmental organizations
Arab Labour Organization, European Commission, International Organization for
Migration, League of Arab States, Organization of the Islamic Conference.
Other organizations
International Committee of the Red Cross, International Federation of Red
Cross and Red Crescent Societies, Observatoire national des droits de l’homme
(de l’Algérie).
Non-governmental organizations
General consultative status
Al-Khoei Foundation, Franciscans International, International Alliance of
Women, International Association for Religious Freedom, International
Association of Soldiers for Peace, International Confederation of Free Trade
Unions, International Council of Women, International Council on Social
Welfare, International Institute for Non-Aligned Studies, International Youth
and Student Movement for the United Nations, Inter-Parliamentary Union, Muslim
World League, Transnational Radical Party, Women’s International Democratic
Federation, World Confederation of Labour, World Conference on Religion and
Peace, World Federation of Democratic Youth, World Federation of Trade Unions,
World Federation of United Nations Associations, World Muslim Congress.
Special consultative status
African Association of Education for Development, African Commission of Health
and Human Rights Promoters, Afro-Asian Peoples’ Solidarity Organization, All
Pakistan Women’s Association, American Association of Jurists, Amnesty
International, Anti-Racism Information Service, Anti-Slavery International,
Arab Lawyers Union, Arab Organization for Human Rights, Asian Buddhist

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Conference for Peace, Asian Women’s Human Rights Council, Association for the
Prevention of Torture, Association of Refugees and Displaced Persons of the
Republic of Bosnia-Herzegovina, Association tunisienne des mères, Atlas -
Association tunisienne pour l’auto-développement et la solidarité, Baha’i
International Community, Caritas Internationalis, Center for Justice and
International Law, Coalition Against Trafficking in Women, Commission for the
Defence of Human Rights in Central America, Commission of the Churches on
International Affairs of the World Council of Churches, Consultative Council
of Jewish Organizations, Dayemi Complex Bangladesh, December Twelfth Movement
International Secretariat, Enfants du monde-droits de l’homme, Federal Union
of European Nationalities, Fraternité Notre-Dame, General Arab Women's
Federation, General Conference of the Seventh Day Adventists, Habitat
International Coalition, Himalayan Research and Cultural Foundation, Human
Rights Advocates, Inc., Human Rights Internet, Human Rights Watch, Indian
Council of Education, Indian Movement “Tupaj Amaru”, Indigenous World
Association, Inter-African Committee on Traditional Practices, Interfaith
International, International Association Against Torture, International
Association for the Defence of Religious Liberty, International Association of
Democratic Lawyers, International Association of Judges, International
Commission of Jurists, International Council of Jewish Women, International
Federation of ACAT (Action of Christians for the Abolition of Torture),
International Federation of Human Rights Leagues, International Federation of
Journalists, International Federation of Social Workers, International
Federation of University Women, International Federation Terre des Hommes,
International Fellowship of Reconciliation, International Human Rights Law
Group, International Indian Treaty Council, International Institute of
Humanitarian Law, International League for Human Rights, International
Movement for Fraternal Union Among Races and Peoples, International
Organization for the Development of Freedom of Education, International
Organization for the Elimination of All Forms of Racial Discrimination,
International Organization of Indigenous Resource Development, International
Prison Watch, International Service for Human Rights, International Work Group
for Indigenous Affairs, Inuit Circumpolar Conference, Latin American
Federation of Associations of Relatives of Disappeared Detainees, Lutheran
World Federation, Network of Women’s Non-Governmental Organizations in the
Islamic Republic of Iran, New Humanity, New Human Rights, North-South XXI,
Organisation tunisienne de l’éducation et de la famille, Pan Pacific & South
East Asia Women’s Association, Pax Christi International, Pax Romana, Penal
Reform International, Prison Fellowship International, Socialist International
Women, Society for Threatened Peoples, Susila Dharma International
Association, Union of Arab Jurists, United Towns Agency for North-South
Cooperation, War Resisters International, Women’s International League for
Peace and Freedom, World Association of Former United Nations Interns and
Fellows, World Association for Psychosocial Rehabilitation, World Association
of Girl Guides and Girl Scouts, World Federation for Mental Health, World
Federation of Methodist and Uniting Church Women, World Jewish Congress, World
Movement of Mothers, World Union of Catholic Women’s Organizations, Worldview
International Foundation, World Vision International, World Young Women’s
Christian Association.

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Roster
Association for World Education, Association of World Citizens, Caucasians
United for Reparations and Emancipation, Centre Europe - Tiers Monde,
Christian Solidarity International, European Union of Public Relations,
European Union of Women, Fian-Foodfirst Information, Indian Law Resource
Centre, International Buddhist Foundation, International Council of
Psychologists, International Educational Development, Inc., International
Federation for the Protection of the Rights of Ethnic, Religious, Linguistic
and Other Minorities, International Federation of Free Journalists,
International Human Rights Association of American Minorities, International
Institute for Peace, International Movement Against All Forms of
Discrimination and Racism, International Peace Bureau, International Police
Association, Liberation, Minority Rights Group, Movement Against Racism and
for Friendship Among Peoples, Regional Council on Human Rights in Asia, Saami
Council, Servas International, Soka Gakkai International, Survival
International, Third World Movement Against the Exploitation of Women, World
Alliance of Reformed Churches, World Association for the School as an
Instrument of Peace, World Christian Life Community, World Organization
Against Torture, World Union for Progressive Judaism.

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Annex III
ADMINISTRATIVE AND PROGRAMME BUDGET IMPLICATIONS OF RESOLUTIONS AND
DECISIONS ADOPTED BY THE SUBCOMMISSION
AT ITS FIFTIETH SESSION
1. It is anticipated that the requirements related to resolutions and
decisions adopted by the SubCommission
at its fiftieth session, which are
to be considered by the Commission on Human Rights at its fifty-fifth
session, would be absorbed from within the provisions made under section 21 of
the 19992000
programme budget for activities mandated by the Economic and
Social Council. If warranted, statements on administrative and programme
budget implications will be prepared.
2. Should the draft resolution and decisions recommended to the Commission
on Human Rights at its fifty-fifth
session be adopted, additional resources
which would be required under section 21 would be the subject of a statement
on administrative and programme budget implications and included in the report
of the Commission. Accordingly, no statements on administrative and programme
budget implications are included in the present report in respect of
resolutions and decisions adopted by the SubCommission
at its fiftieth
session.

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Annex IV
SUB-COMMISSION RESOLUTIONS AND DECISIONS REFERRING TO MATTERS WHICH
ARE DRAWN TO THE ATTENTION OF THE COMMISSION ON HUMAN RIGHTS
1998/1 Situation of human rights in Belarus, paragraph 4
1998/2 Situation of human rights in the Democratic People’s Republic
of Korea, paragraph 7
1998/4 Developments in the situation in Mexico, paragraph 3
1998/6 World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance, paragraph 10
1998/8 The relationship between the enjoyment of economic, social and
cultural rights and the right to development, and the working
methods and activities of transnational corporations,
paragraph 4
1998/9 Forced evictions, paragraph 9
1998/13 Question of the impunity of perpetrators of violations of
economic, social and cultural rights, operative paragraph
1998/19 Report of the Working Group on Contemporary Forms of Slavery,
paragraph 58
1998/23 Working Group on Indigenous Populations, paragraphs 3, 4, 9
1998/25 Draft international convention on the protection of all persons
from enforced disappearance, paragraphs 1, 2
1998/105 Transmission of Sub-Commission resolution 1996/22 to the
Secretary-General

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Annex V
LIST OF STUDIES AND REPORTS:
A. STUDIES AND REPORTS COMPLETED AT THE FIFTIETH SESSION OF THE SUBCOMMISSION
a/

Item Title Special Rapporteur Legislative authority First Final
submission submission
4 Human rights and Mr. Bengoa Commission on Human Rights Forty-seventh Fiftieth
income distribution decision 1995/105 session (1995) session
b/ Sub-Commission decision (1998)
1997/107
6 Systematic rape, Ms. McDougall Commission on Human Rights Forty-eighth Fiftieth
sexual slavery and decision 1996/107 session (1996) session
slaverylike (1998)
practices during Sub-Commission decision
armed conflict, 1997/114
including internal
armed conflict c/

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B. ONGOING STUDIES AND REPORTS ENTRUSTED TO SPECIAL RAPPORTEURS
IN ACCORDANCE WITH EXISTING LEGISLATIVE AUTHORITY a/

Item Title Special Rapporteur Legislative authority First submission Final submission
5 Traditional affecting thwomen and th practices e health of e girl child Ms. Warzazi Commission on Human Rights decision 1997/108 Sub-Commission resolution 1998/16 Forty-first session (1989) Fifty-first session (1999)
6 Systematic rape, sexual slavery and slaverylike practices during armed conflict, including internal armed conflict -update on developments Ms. McDougall Sub-Commission resolution 1998/18 Forty-eighth session (1996) Fifty-first session (1999)
7 Treaties, agreements and other constructive arrangements between States and indigenous populations Mr. Alfonso Martínez Commission on Human Rights decision 1997/113 Sub-Commission decision 1998/107 Forty-third session (1991) Fifty-first session (1999)
7 Indigenous peoples and their relationship to land Ms. Daes Commission on Human Rights decision 1997/114 Sub-Commission resolution 1998/21 Forty-ninth session (1997) Fifty-first session (1999)
12 Human rights and terrorism Ms. Koufa Commission on Human Rights decision 1998/107 Sub-Commission resolution 1998/29 Fifty-first session (1999) Fifty-third session (2001)

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C. WORKING PAPERS AND OTHER DOCUMENTS WITHOUT FINANCIAL IMPLICATIONS ENTRUSTED TO MEMBERS OF
THE SUBCOMMISSION
IN ACCORDANCE WITH EXISTING LEGISLATIVE AUTHORITY a/

Item Title Entrusted to Legislative authority First submission Final submission
1 Methods of work of the SubCommission revision Mr. Hatano Sub-Commission decision 1998/108 Forty-ninth session (1997) Fifty-first session (1999)
3 Proposals for the work of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance Mr. Pinheiro Sub-Commission resolution 1998/6 Fifty-first session (1999)
3 The rights of noncitizens Mr. Weissbrodt Sub-Commission decision 1998/103 Fifty-first session (1999)
3 Globalization in the context of the increase in incidents of racism, racial discrimination and xenophobia Mr. Oloka-Onyango Sub-Commission decision 1998/104 Fifty-first session (1999)

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Item Title Entrusted to Legislative authority First submission Final submission
4 The realization of the right to education, including education in human rights the content of the right to education Mr. Mehedi Sub-Commission resolution 1998/11 Fiftieth session (1998) Fifty-first session (1999)
4 Human rights as the primary objective of trade, investment and financial policy Mr. Oloka-Onyango and Ms. Udagama Sub-Commission resolution 1998/12 Fifty-first session (1999)
4 The right to adequate food as a human right review and update Mr. Eide SubCommission decision 1998/106 Fiftieth session (1998) Fifty-first session (1999)
12 Weapons of mass destruction or with indiscriminate effect; illicit transfer of arms Ms. Forero Ucros Sub-Commission resolutions 1997/36 and 1997/37 and decision 1998/111 Fifty-first session (1999)
12 Reservations to human rights treaties Ms. Hampson Sub-Commission decision 1998/113 Fifty-first session (1999)
12 Observance of human rights by States not parties to United Nations human rights conventions Mr. Kartashkin Sub-Commission decision 1998/115 Fifty-first session (1999)

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D. STUDIES AND REPORTS RECOMMENDED TO THE COMMISSION ON HUMAN RIGHTS FOR APPROVAL a/

Item Title Special Rapporteur Legislative authority First submission Final submission
3 The concept and practice of affirmative action Mr. Bossuyt Sub-Commission resolution 1998/5 Fifty-first session (1999)
4 Promotion of the realization of the right to drinking water supply and sanitation Mr. Guissé Sub-Commission resolution 1998/7 Fifty-first session (1999) Fifty-third session (2001)

a/ This list has been prepared in accordance with Commission on Human Rights resolution 1982/23.
b/ The completed study is comprised of documents E/CN.4/Sub.2/1995/14, E/CN.4/Sub.2/1996/14,
E/CN.4/Sub.2/1997/9, E/CN.4/Sub.2/1998/8.
c/ The completed study is comprised of documents E/CN.4/Sub.2/1995/38, E/CN.4/Sub.2/1996/26,
E/CN.4/Sub.2/1998/13.

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Annex VI
LIST OF DOCUMENTS FOR THE FIFTIETH SESSION
OF THE SUB-COMMISSION
Documents in the general series
Symbol Agenda
item
E/CN.4/Sub.2/1998/1 Provisional agenda: note by the
Secretary-General
E/CN.4/Sub.2/1998/1/Add.1 Annotations to the provisional agenda:
prepared by the Secretary-General
E/CN.4/Sub.2/1998/124 2 Letter dated 14 January 1998 from the
E/CN.4/Sub.2/1998/2 Permanent Representative of Israel to
the United Nations Office at Geneva
addressed to the Acting Deputy High
Commissioner for Human Rights
E/CN.4/Sub.2/1998/3 1 (c) Revised working paper on methods of
work of the Sub-Commission, submitted by
Mr. Ribot Hatano, pursuant to
SubCommission resolution 1997/16
E/CN.4/Sub.2/1998/4 3 Joint working paper on article 7 of the
International Convention on the
Elimination of All Forms of Racial
Discrimination prepared by
Mr. José Bengoa, Mr. Ivan Garvalov,
Mr. Mustafa Mehedi and Mrs. Shanti
Sadiq Ali
E/CN.4/Sub.2/1998/5 3 Working paper prepared by
Mr. Marc Bossuyt on the concept of
affirmative action
E/CN.4/Sub.2/1998/6 4 (c) Working document on the impact of the
activities of transnational corporations
on the realization of economic, social
and cultural rights, prepared by
Mr. El Hadji Guissé, pursuant to
SubCommission resolution 1997/11
E/CN.4/Sub.2/1998/7 4 The right of access of everyone to
drinking water supply and sanitation
services: working paper by
Mr. El Hadji Guissé pursuant to
SubCommission resolution 1997/18

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Symbol Agenda
item
E/CN.4/Sub.2/1998/8 4 The relationship between the enjoyment of
human rights, in particular economic,
social and cultural rights, and income
distribution: final report prepared by
Mr. José Bengoa, Special Rapporteur
E/CN.4/Sub.2/1998/9 4 Report updating the study on the right to
food prepared by Mr. Asbjorn Eide
E/CN.4/Sub.2/1998/10 4 (d) The realization of the right to
education, including education in human
rights: working paper presented by
Mr. Mustapha Mehedi
E/CN.4/Sub.2/1998/11 5 (a) Second report on the situation regarding
the elimination of traditional practices
affecting the health of women and the
girl child, submitted by
Mrs. Halima Embarek Warzazi, Special
Rapporteur
E/CN.4/Sub.2/1998/12 6 Report of the Secretary-General on the
implementation of the Programme of Action
for the Elimination of the Exploitation
of Child Labour, submitted pursuant to
Sub-Commission resolution 1997/22
E/CN.4/Sub.2/1998/13 6 Systematic rape, sexual slavery and
slavery-like practices during armed
conflict: final report submitted by
Ms. Gay J. McDougall, Special Rapporteur
E/CN.4/Sub.2/1998/14 6 Report of the Working Group on
Contemporary Forms of Slavery on its
twenty-third session
E/CN.4/Sub.2/1998/15 7 Indigenous people and their relationship
to land: progress report on the working
paper prepared by Mrs. EricaIrene
A. Daes, Special Rapporteur
E/CN.4/Sub.2/1998/16 7 Report of the Working Group on Indigenous
Populations on its sixteenth session
E/CN.4/Sub.2/1998/17 7 Note by the Secretariat

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Symbol Agenda
item
E/CN.4/Sub.2/1998/18 8 Report of the Working Group on Minorities
on its fourth session
E/CN.4/Sub.2/1998/19 9 Report of the sessional working group on
the administration of justice
E/CN.4/Sub.2/1998/20 12 Review of further developments in fields
with which the SubCommission has been or
may be concerned: note by the
Secretary-General
E/CN.4/Sub.2/1998/21 12 Memorandum submitted by the International
Labour Office
E/CN.4/Sub.2/1998/22 12 Contribution from the United Nations
Educational, Scientific and Cultural
Organization
E/CN.4/Sub.2/1998/23 12 Note by the Secretariat
(c) (iii)
and
(e) (i)
E/CN.4/Sub.2/1998/24 12 Note by the Secretariat
(c) (ii)
E/CN.4/Sub.2/1998/25 12 Views of the six human rights treaty
bodies on the Preliminary Conclusions of
the International Law Commission: report
of the Secretary-General
E/CN.4/Sub.2/1998/26 2 Letter dated 25 May 1998 from the
Permanent Representative of the
Azerbaijani Republic to the
United Nations Office at Geneva addressed
to the secretariat of the SubCommission
on Prevention of Discrimination and
Protection of Minorities
E/CN.4/Sub.2/1998/27 2 Letter dated 26 May 1998 from the
Permanent Representative of the
Azerbaijani Republic to the
United Nations Office at Geneva addressed
to the secretariat of the SubCommission
on Prevention of Discrimination and
Protection of Minorities

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Symbol Agenda
item
E/CN.4/Sub.2/1998/28 1 (c) Note by the Secretariat
E/CN.4/Sub.2/1998/29 12 Note verbale dated 9 June 1998 from the
Permanent Mission of Iraq to the
United Nations Office at Geneva addressed
to the secretariat of the SubCommission
on Prevention of Discrimination and
Protection of Minorities
E/CN.4/Sub.2/1998/30 4 Note verbale dated 9 June 1998 from the
Permanent Mission of Iraq to the
United Nations Office at Geneva addressed
to the secretariat of the SubCommission
on Prevention of Discrimination and
Protection of Minorities
E/CN.4/Sub.2/1998/31 12 Letter dated 21 July 1998 from the
(e) (i) permanent representative of the
Azerbaijani Republic to the
United Nations Office at Geneva,
addressed to the secretariat of the
SubCommission on Prevention of
Discrimination and Protection of
Minorities
E/CN.4/Sub.2/1998/32 12 Note verbale dated 27 July 1998 from the
Permanent Mission of Iraq to the
United Nations Office at Geneva addressed
to the secretariat of the SubCommission
on Prevention of Discrimination and
Protection of Minorities
E/CN.4/Sub.2/1998/33 2 Letter dated 3 August 1998 from the
Permanent Representative of Armenia to
the United Nations Office at Geneva
addressed to the Chairman of the
SubCommission on Prevention of
Discrimination and Protection of
Minorities
E/CN.4/Sub.2/1998/34 2 Letter dated 3 August 1998 from the
Permanent Representative of Armenia to
the United Nations Office at Geneva
addressed to the Chairman of the
SubCommission on Prevention of
Discrimination and Protection of
Minorities

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Symbol Agenda
item
E/CN.4/Sub.2/1998/35 10 (b) Letter dated 3 August 1998 from the
Permanent Representative of the
Azerbaijani Republic to the
United Nations Office at Geneva addressed
to the secretariat of the SubCommission
on Prevention of Discrimination and
Protection of Minorities
E/CN.4/Sub.2/1998/36 2 Note by the Secretariat
E/CN.4/Sub.2/1998/37 12 (a) Letter dated 11 August 1998 from the
Permanent Representative of the
Azerbaijani Republic to the
United Nations Office at Geneva addressed
to the secretariat of the SubCommission
on Prevention of Discrimination and
Protection of Minorities
E/CN.4/Sub.2/1998/38 1 (c) Enhancing the effectiveness of the
SubCommission: note by the Chairman
E/CN.4/Sub.2/1998/39 12 Letter dated 20 August 1998 from the
Permanent Representative of Armenia to
the United Nations Office at Geneva
addressed to the Chairman of the
SubCommission on Prevention of
Discrimination and Protection of
Minorities
E/CN.4/Sub.2/1998/40 9 Letter dated 26 August 1998 from the
Chargé d’affaires a.i. of the Permanent
Mission of the Federal Republic of
Yugoslavia to the United Nations Office
at Geneva addressed to the Chairman of
the Sub-Commission on Prevention of
Discrimination and Protection of
Minorities
E/CN.4/Sub.2/1998/41 2 and Letter dated 19 August 1998 from the
8 Chargé d’affaires a.i. of the Permanent
Mission of the Federal Republic of
Yugoslavia to the United Nations Office
at Geneva addressed to the Chairman of
the SubCommission on Prevention of
Discrimination and Protection of
Minorities

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Symbol Agenda
item
E/CN.4/Sub.2/1998/42 2 Letter dated 24 August 1998 from the
Chargé d’affaires a.i. of the Permanent
Mission of the Federal Republic of
Yugoslavia to the United Nations Office
at Geneva addressed to the Chairman of
the Sub-Commission on Prevention of
Discrimination and Protection of
Minorities
E/CN.4/Sub.2/1998/43 12 Letter dated 27 August 1998 from the
Permanent Representative of the
Azerbaijani Republic to the
United Nations Office at Geneva addressed
to the Chairman of the SubCommission on
Prevention of Discrimination and
Protection of Minorities
E/CN.4/Sub.2/1998/44 12 Letter dated 28 August 1998 from the
(b) (ii) Permanent Representative of Qatar to
the United Nations Office at Geneva
addressed to the Chairman of the
SubCommission on Prevention of
Discrimination and Protection of
Minorities

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Documents in the limited series
Symbol Agenda
item
E/CN.4/Sub.2/1998/L.1 14 (b) Note by the Secretary-General
E/CN.4/Sub.2/1998/L.2 4 (b) Promotion of the realization of the right
to drinking water supply and sanitation
E/CN.4/Sub.2/1998/L.3 4 (c) The relationship between the enjoyment of
economic, social and cultural rights and
the right to development, and the working
methods and activities of transnational
corporations
E/CN.4/Sub.2/1998/L.4 3 The concept and practice of affirmative
action
E/CN.4/Sub.2/1998/L.5 2 Situation of human rights in Belarus
E/CN.4/Sub.2/1998/L.6 3 The rights of noncitizens
E/CN.4/Sub.2/1998/L.7 2 Situation of human rights in the
Democratic People’s Republic of Korea
E/CN.4/Sub.2/1998/L.8 4 Transmission of Sub-Commission
resolution 1996/22 to the
Secretary-General
E/CN.4/Sub.2/1998/L.9 2 The situation of human rights in Bahrain
E/CN.4/Sub.2/1998/L.10 14 (c) Draft report of the Sub-Commission on
and Add.112 Prevention of Discrimination and
Protection of Minorities on its
fiftieth session
E/CN.4/Sub.2/1998/L.11 14 (c) Draft report of the Sub-Commission on
and Add.13 Prevention of Discrimination and
Protection of Minorities on its fiftieth
session
E/CN.4/Sub.2/1998/L.12 2 Situation of human rights in Algeria
E/CN.4/Sub.2/1998/L.13 2 Violations of the rights of human rights
defenders in all countries
E/CN.4/Sub.2/1998/L.14 2 The Bhutanese refugees
E/CN.4/Sub.2/1998/L.15 1 (c) Working paper on the methods of work of
the Sub-Commission

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Symbol Agenda item
E/CN.4/Sub.2/1998/L.16 4 The right to food
E/CN.4/Sub.2/1998/L.17 4 Forced evictions
E/CN.4/Sub.2/1998/L.18 2 Developments in the situation in Mexico
E/CN.4/Sub.2/1998/L.19 4 Situation of migrant workers and members of their families
E/CN.4/Sub.2/1998/L.20 4 (c) Amendment to E/CN.4/Sub.2/1998/L.3
E/CN.4/Sub.2/1998/L.21 4 The realization of the right to education, including education in human rights
E/CN.4/Sub.2/1998/L.22 4 (a) Human rights as the primary objective of trade, investment and financial policy
E/CN.4/Sub.2/1998/L.23 4 Question of the impunity of perpetrators of violations of economic, social and cultural rights
E/CN.4/Sub.2/1998/L.24 3 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
E/CN.4/Sub.2/1998/L.25 3 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
E/CN.4/Sub.2/1998/L.26 6 Systematic rape, sexual slavery and slavery-like practices during armed conflict, including internal armed conflict
E/CN.4/Sub.2/1998/L.27 7 (a) Study on indigenous land rights
E/CN.4/Sub.2/1998/L.28 4 (a) Human rights and income distribution
E/CN.4/Sub.2/1998/L.29 5 (b) Women and the right to land, property and adequate housing
E/CN.4/Sub.2/1998/L.30 5 (a) Traditional practices affecting the health of women and the girl child
E/CN.4/Sub.2/1998/L.31 6 Report of the Working Group on Contemporary Forms of Slavery

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Symbol Agenda item
E/CN.4/Sub.2/1998/L.32 5 The situation of women in Afghanistan
E/CN.4/Sub.2/1998/L.33 7 Study on treaties, agreements and other constructive arrangements between States and indigenous populations
E/CN.4/Sub.2/1998/L.34 7 International Decade of the World’s Indigenous People
E/CN.4/Sub.2/1998/L.35 7 Working Group on Indigenous Populations
E/CN.4/Sub.2/1998/L.36 12 Promotion of dialogue on human rights issues
E/CN.4/Sub.2/1998/L.37 12 (c) (ii) Human rights and terrorism
E/CN.4/Sub.2/1998/L.38 12 Working paper on a study of weapons of mass destruction or with indiscriminate
effect, or of a nature to cause superfluous injury or unnecessary suffering
E/CN.4/Sub.2/1998/L.39 8 Prevention of discrimination against and protection of minorities
E/CN.4/Sub.2/1998/L.40 12 Adverse consequences of economic sanctions on the enjoyment of human rights
E/CN.4/Sub.2/1998/L.41 10 (b) Housing and property restitution in the context of the return of refugees and internally displaced persons
E/CN.4/Sub.2/1998/L.42 12 (b) Reservations to human rights treaties
E/CN.4/Sub.2/1998/L.43 10 (b) Forced population transfer
E/CN.4/Sub.2/1998/L.44 12 (c) (ii) Humanitarian situation in Iraq
E/CN.4/Sub.2/1998/L.45 12 Injurious effects of anti-personnel landmines
E/CN.4/Sub.2/1998/L.46 9 Draft international convention on the protection of all persons from enforced disappearance

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Documents in the non-governmental organization series
Symbol Agenda
item
E/CN.4/Sub.2/1998/NGO/1 2 Written statement submitted by Caucasians
United for Reparations and Emancipation,
a non-governmental organization on the
Roster
E/CN.4/Sub.2/1998/NGO/2 9 Written statement submitted by the
International Federation of Human Rights
Leagues, a non-governmental organization
in special consultative status
E/CN.4/Sub.2/1998/NGO/3 8 Written statement submitted by the
Association for World Education, a
nongovernmental organization on the
Roster
E/CN.4/Sub.2/1998/NGO/4 3 Written statement submitted by the
Association for World Education, a
nongovernmental organization on the
Roster
E/CN.4/Sub.2/1998/NGO/5 4 (c) Written statement submitted by the
International League for the Rights and
Liberation of Peoples, a nongovernmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/6 6 Written statement by Christian Solidarity
International, a nongovernmental
organization on the Roster
E/CN.4/Sub.2/1998/NGO/7 1 (c) Written statement submitted by
North South XXI, a nongovernmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/8 3 (a) Written statement submitted by
North South XXI, a nongovernmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/9 3 (b) Written statement submitted by
North South XXI, a nongovernmental
organization in special consultative
status

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Symbol Agenda
item
E/CN.4/Sub.2/1998/NGO/10 7 Written statement submitted by
North South XXI, a nongovernmental
organization in special consultative
status
E/CN.4/Sub.2/1998/1998/11 12 Written statement submitted by
(b) (iii) North South XXI, a nongovernmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/12 4 (c) Joint written statement submitted by
the Indian Movement “Tupaj Amaru” and
the Indigenous World Association, a
nongovernmental organizations in
special consultative status
E/CN.4/Sub.2/1998/NGO/13 12 (a) Joint written statement submitted by
the Indian Movement “Tupaj Amaru” and
the Indigenous World Association, a
nongovernmental organizations in
special consultative status
E/CN.4/Sub.2/1998/NGO/14 4 (d) Written statement submitted by the
Federal Union of European
Nationalities, a non-governmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/15 2 Written statement submitted by the
International Federation of Human
Rights Leagues, a nongovernmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/16 9 Written statement submitted by the
International Federation of Human
Rights Leagues, a nongovernmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/17 12 Written statement submitted by
(c) (ii) North South XXI, a nongovernmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/18 2 Written statement submitted by the
International League for Human Rights,
a non-governmental organization in
special consultative status

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Symbol Agenda
item
E/CN.4/Sub.2/1998/NGO/19 2 Written statement submitted by Centre
Europe Tiers Monde, a nongovernmental
organization on the Roster
E/CN.4/Sub.2/1998/NGO/20 4 Joint written statement submitted by
the American Association of Jurists, a
nongovernmental organization in
special consultative status, and Centre
Europe Tiers Monde, a non-governmental
organization on the Roster
E/CN.4/Sub.2/1998/NGO/21 8 Written statement submitted by Pax
Christi International, a
nongovernmental organization in
special consultative status
E/CN.4/Sub.2/1998/NGO/22 10 Written statement submitted by Pax
Christi International, a
nongovernmental organization in
special consultative status
E/CN.4/Sub.2/1998/NGO/23 2 Written statement submitted by the
International Federation of Human
Rights Leagues, a non-governmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/24 12 Written statement submitted by
(c) (i) International Educational Development,
Inc., a non-governmental organization
on the Roster
E/CN.4/Sub.2/1998/NGO/25 12 Written statement submitted by
(c) (iii) International Educational Development,
Inc., a non-governmental organization
on the Roster
E/CN.4/Sub.2/1998/NGO/26 10 Written statement submitted by the Open
Society Institute, a non-governmental
organization in special consultative
status
E/CN.4/Sub.2/1998/NGO/27 4 Written statement submitted by the
International Federation of Human
Rights Leagues, a non-governmental
organization in special consultative
status

E/CN.4/1999/4
E/CN.4/Sub.2/1998/45
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Symbol Agenda
item
E/CN.4/Sub.2/1998/NGO/28 2 Written statement submitted by the
International Federation of Human Rights
Leagues, a non-governmental organization in
special consultative status
E/CN.4/Sub.2/1998/NGO/29 2 Written statement submitted by the
International Federation of Human Rights
Leagues, a non-governmental organization in
special consultative status
E/CN.4/Sub.2/1998/NGO/30 2 Written statement submitted by Franciscans
International, a nongovernmental
organization in general consultative status
E/CN.4/Sub.2/1998/NGO/31 12 Written statement submitted by the Agence
internationale pour le développement, a
nongovernmental organization in special
consultative status
E/CN.4/Sub.2/1998/NGO/32 2 Joint written statement submitted by
Women’s International Democratic
Federation, World Confederation of Labour
and World Confederation of Labour,
nongovernmental organizations in general
consultative status, Afro Asian Peoples'
Solidarity Organization, Coalition against
Trafficking in Women, Habitat International
Coalition, Indigenous World Association,
International Association of Democratic
Lawyers, International Federation of Women
in Legal Careers, International League for
Human Rights, Latin American Federation of
Associations of Relatives of Disappeared
Detainees, North South XXI, Pax Christi
International, Pax Romana, United Towns
Agency for North South Cooperation, War
Resisters International, Women’s
International League for Peace and Freedom
and Worldview International Foundation,
nongovernmental organizations in special
consultative status, Association of World
Citizens, Centre Europe Tiers Monde,
International Educational Development,
Inc., International Federation of Free
Journalists, International Institute for
Peace, Movement against Racism and for
Friendship among Peoples and World
Organization against Torture,
nongovernmental organizations on the
Roster