E/2005/23

Commission on Human Rights : report on the 61st session, 14 March-22 April 2005

UN Document Symbol	E/2005/23
Alternate ID	E/CN.4/2005/135
Convention	Convention on the Rights of Persons with Disabilities
Document Type	Annual/Sessional Report
Session	61st
Type	Document
Description	xxiii, 565 p. : tables
Subjects	Self-Determination of Peoples, Racial Discrimination, Right to Development, Economic Social and Cultural Rights, Civil and Political Rights, Women's Rights, Gender-Based Violence, Rights of The Child, Displaced Persons, Minorities, Migrants, Persons with Disabilities, Indigenous Peoples

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E/2005/23
E/CN.4/2005/135
COMMISSION ON HUMAN RIGHTS
REPORT ON THE SIXTY-FIRST SESSION
(14 March-22 April 2005)
ECONOMIC AND SOCIAL COUNCIL
OFFICIAL RECORDS, 2005
SUPPLEMENT No. 3
UNITED NATIONS

E/2005/23
E/CN.4/2005/135
COMMISSION ON HUMAN RIGHTS
REPORT ON THE SIXTY-FIRST SESSION
(14 March-22 April 2005)
ECONOMIC AND SOCIAL COUNCIL
OFFICIAL RECORDS, 2005
SUPPLEMENT No. 3
UNITED NATIONS
New York and Geneva, 2005

Note
Symbols of United Nations documents are composed of capital
letters combined with figures. Mention of such a symbol indicates a
reference to a United Nations document.
A State not member of the Commission may submit proposals in
accordance with rule 69, paragraph 3, of the rules of procedure of the
functional commissions of the Economic and Social Council. The list of
participants is contained in annex I to the present report.
Contents of the report
The report of the Commission on Human Rights contains a number of chapters and annexes.
Chapter I contains only the draft resolutions and draft decisions recommended for adoption by the
Economic and Social Council.
Chapter II contains the complete text of all the resolutions and decisions adopted by the Commission, as
well as of Chairpersons statements that the Commission agreed on by consensus.
Chapters III to XX contain a summary of the debates of the Commission under the various items of the
agenda, concerning particularly the organization of work, interactive dialogues with the mandate holders of the
special procedures, statements made by invited speakers, the sponsors of draft proposals, procedures concerning
decisions taken regarding draft proposals and all results of voting. The chapter numbers correspond to the
respective items of the agenda.
Chapter XXI contains the draft provisional agenda for the next session of the Commission.
The annexes appear at the end of the report: annex I contains the list of participants; annex II sets out in a
table format, organized by agenda item and meeting, the names of the States members and observers as well as
non-governmental organizations that made statements during the general debate or exercised their right to reply;
annex III contains the administrative programme budget implications of the resolutions and decisions adopted by the
Commission; and annex IV contains the list of documents distributed during the session.
For ease of reference, a list of the resolutions and decisions of the Commission and the Chairpersons
statements has been added at the beginning of the report.
E/2005/23
E/CN.4/2005/135

Contents
Page
Agenda of the sixty-first session of the Commission on Human Rights .................................................. vi
Checklist of resolutions and decisions of the Commission and Chairpersons statements made
on behalf of the Commission at its sixty-first session .............................................................................. viii
List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, organized by agenda item:
A. Resolutions and decisions adopted by the Commission .............................................. xiv
B. Statements made by the Chairperson on behalf of the Commission ............................ xxiii
I. Draft resolution and draft decisions recommended for adoption by the Economic and
Social Council ............................................................................................................................ 1
II. Resolutions and decisions adopted by the Commission at its sixty-first session and
Chairpersons statements that the Commission agreed on by consensus at that session ............ 16
Paragraphs
III. Organization of the work of the session ........................................................... 1 - 62 361
A. Opening and duration of the session .................................................. 1 - 3 361
B. Attendance ......................................................................................... 4 361
C. Election of officers ............................................................................ 5 - 9 361
D. Agenda ............................................................................................... 10 - 11 362
E. Organization of work ......................................................................... 12 - 48 362
F. Meetings, resolutions and documentation ......................................... 49 - 53 368
G. Visits .................................................................................................. 54 - 55 368
H. Organization of the work of the sixty-second session
of the Commission ............................................................................. 56 - 60 372
I. Concluding remarks ........................................................................... 61 - 62 372
IV. Report of the United Nations High Commissioner for Human Rights and
follow-up to the World Conference on Human Rights .................................... 63 - 66 374
V. The right of peoples to self-determination and its application to peoples
under colonial or alien domination or foreign occupation ............................... 67 - 84 375
VI. Racism, racial discrimination, xenophobia and all forms of discrimination:
(a) Comprehensive implementation of and follow-up to the
Durban Declaration and Programme of Action ................................. 85 - 109 377
VII. The right to development ................................................................................. 110 - 120 381
VIII. Question of the violation of human rights in the occupied Arab territories,
including Palestine ........................................................................................... 121 - 140 383
IX. Question of the violation of human rights and fundamental freedoms in any
part of the world, including:
(a) Question of human rights in Cyprus;
(b) Procedure established in accordance with Economic and Social
Council resolutions 1503 (XLVIII) and 2000/3 ................................. 141 - 188 385
GE.05-16105 (E) 241105

Contents (continued)
Paragraphs Page
X. Economic, social and cultural rights ................................................................ 189 - 269 394
XI. Civil and political rights, including the questions of:
(a) Torture and detention;
(b) Disappearances and summary executions;
(c) Freedom of expression;
(d) Independence of the judiciary, administration of justice, impunity;
(e) Religious intolerance;
(f) States of emergency;
(g) Conscientious objection to military service ....................................... 270 - 372 404
XII. Integration of the human rights of women and the gender perspective:
(a) Violence against women .................................................................... 373 - 399 419
XIII. Rights of the child ............................................................................................ 400 - 417 423
XIV. Specific groups and individuals:
(a) Migrant workers;
(b) Minorities;
(c) Mass exoduses and displaced persons;
(d) Other vulnerable groups and individuals ........................................... 418 - 464 426
XV. Indigenous issues ............................................................................................. 465 - 496 432
XVI. Report of the Sub-Commission on the Promotion and Protection
of Human Rights:
(a) Report and draft decisions;
(b) Election of members .......................................................................... 497 - 505 436
XVII. Promotion and protection of human rights:
(a) Status of the International Covenants on Human Rights;
(b) Human rights defenders;
(c) Information and education;
(d) Science and the environment ............................................................. 506 - 603 440
XVIII. Effective functioning of human rights mechanisms:
(a) Treaty bodies;
(b) National institutions and regional arrangements;
(c) Adaptation and strengthening of the United Nations machinery
for human rights ................................................................................ 604 - 622 455
XIX. Advisory services and technical cooperation in the field
of human rights ................................................................................................ 623 - 668 458
XX. Rationalization of the work of the Commission .............................................. 669 - 675 464
XXI. (a) Draft provisional agenda for the sixty-second session
of the Commission ............................................................................. 676 - 678 465
(b) Report of the Commission to the Economic and Social Council
on its sixty-first session ..................................................................... 679 478

Contents (concluded)
Page
Annexes
I. Attendance ................................................................................................................................ 479
II. General debate ........................................................................................................................... 491
III. Administrative and programme budget implications (PBIs) of resolutions and decisions
adopted by the Commission at its sixty-first session ................................................................. 516
IV. List of documents issued for the sixty-first session of the Commission .................................... 524
Index of topics considered by the Commission at its sixty-first session .................................................. 559

Agenda of the sixty-first session of the Commission on Human Rights
1. Election of officers.
2. Adoption of the agenda.
3. Organization of the work of the session.
4. Report of the United Nations High Commissioner for Human Rights and follow-up to the
World Conference on Human Rights.
5. The right of peoples to self-determination and its application to peoples under colonial or alien domination
or foreign occupation.
6. Racism, racial discrimination, xenophobia and all forms of discrimination:
(a) Comprehensive implementation of and follow-up to the Durban Declaration and Programme of
Action.
7. The right to development.
8. Question of the violation of human rights in the occupied Arab territories, including Palestine.
9. Question of the violation of human rights and fundamental freedoms in any part of the world, including:
(a) Question of human rights in Cyprus;
(b) Procedure established in accordance with Economic and Social Council resolutions 1503 (XLVIII)
and 2000/3.
10. Economic, social and cultural rights.
11. Civil and political rights, including the questions of:
(a) Torture and detention;
(b) Disappearances and summary executions;
(c) Freedom of expression;
(d) Independence of the judiciary, administration of justice, impunity;
(e) Religious intolerance;
(f) States of emergency;
(g) Conscientious objection to military service.
12. Integration of the human rights of women and the gender perspective:
(a) Violence against women.
13. Rights of the child.
14. Specific groups and individuals:
(a) Migrant workers;
(b) Minorities;
(c) Mass exoduses and displaced persons;
(d) Other vulnerable groups and individuals.
15. Indigenous issues.
16. Report of the Sub-Commission on the Promotion and Protection of Human Rights:
(a) Report and draft decisions;
(b) Election of members.

Agenda of the sixty-first session of the Commission on Human Rights
(concluded)
17. Promotion and protection of human rights:
(a) Status of the International Covenants on Human Rights;
(b) Human rights defenders;
(c) Information and education;
(d) Science and environment.
18. Effective functioning of human rights mechanisms:
(a) Treaty bodies;
(b) National institutions and regional arrangements;
(c) Adaptation and strengthening of the United Nations machinery for human rights.
19. Advisory services and technical cooperation in the field of human rights.
20. Rationalization of the work of the Commission.
21. (a) Draft provisional agenda for the sixty-second session of the Commission;
(b) Report to the Economic and Social Council on the sixty-first session of the Commission.

Checklist of resolutions and decisions of the Commission and
Chairpersons statements made on behalf of the Commission
at its sixty-first session
Chapter Agenda item Page
I. Draft resolution and draft decisions recommended for adoption
by the Economic and Social Council
A. Draft resolution
Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International
Humanitarian Law ............................................................................. 11 1
B. Draft decisions
1. Use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to
self-determination ..................................................................... 5 1
2. The right to development .......................................................... 7 2
3. Situation of human rights in Myanmar ..................................... 9 2
4. Situation of human rights in the Democratic Peoples
Republic of Korea ..................................................................... 9 3
5. Situation of human rights in Belarus ......................................... 9 3
6. Effects of economic reform policies and foreign debt on the
full enjoyment of all human rights ............................................ 10 3
7. The right of everyone to the enjoyment of the highest
attainable standard of physical and mental health ..................... 10 4
8. Enforced or involuntary disappearances ................................... 11 4
9. Independence and impartiality of the judiciary, jurors and
assessors and the independence of lawyers ............................... 11 4
10. The right to freedom of opinion and expression ....................... 11 4
11. Torture and other cruel, inhuman or degrading treatment or
punishment ................................................................................ 11 5
12. Elimination of violence against women .................................... 12 5
13. Human rights of migrants ......................................................... 14 5
14. Working Group on Indigenous Populations of the
Sub-Commission on the Promotion and Protection of
Human Rights ........................................................................... 15 5
15. Working Group of the Commission on Human Rights
to elaborate a draft declaration in accordance with
paragraph 5 of General Assembly resolution 49/214
of 23 December 1994 ................................................................ 15 6
16. Human rights and indigenous issues ......................................... 15 6
17. Human rights and international solidarity ................................. 17 6
18. Convention on the Prevention and Punishment of the Crime
of Genocide ............................................................................... 17 6
19. World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the comprehensive
implementation of and follow-up to the Durban Declaration
and Programme of Action ......................................................... 6 7
20. Human rights and transnational corporations and other
business enterprises ................................................................... 17 7
21. Composition of the staff of the Office of the United Nations
High Commissioner for Human Rights ..................................... 18 7

Checklist of resolutions and decisions of the Commission and
Chairpersons statements made on behalf of the Commission
at its sixty-first session (continued)
Chapter Agenda item Page
I. B. (concluded)
22. Advisory services and technical assistance for Burundi ........... 19 8
23. Assistance to Sierra Leone in the field of human rights ............ 19 8
24. Technical cooperation and advisory services in Nepal ............. 19 9
25. Rights of persons belonging to national or ethnic, religious
and linguistic minorities ............................................................ 14 9
26. Protection of human rights and fundamental freedoms while
countering terrorism .................................................................. 17 10
27. Situation of human rights in the Sudan ..................................... 19 10
28. Assistance to Somalia in the field of human rights ................... 19 10
29. Technical cooperation and advisory services in the
Democratic Republic of the Congo ........................................... 19 11
30. Corruption and its impact on the full enjoyment of human
rights, in particular economic, social and cultural rights ........... 10 11
31. Study on non-discrimination as enshrined in article 2,
paragraph 2, of the International Covenant on Economic,
Social and Cultural Rights ........................................................ 10 11
32. Promotion of the realization of the right to drinking water
and sanitation ............................................................................ 10 12
33. Terrorism and human rights ...................................................... 11 12
34. The difficulty of establishing guilt and/or responsibility
with regard to crimes of sexual violence ................................... 12 12
35. Discrimination based on work and descent ............................... 14 13
36. Final report on the study on indigenous peoples permanent
sovereignty over natural resources ............................................ 15 13
37. Human rights and human responsibilities ................................. 17 14
38. Enhancing and strengthening the effectiveness of the special
procedures of the Commission on Human Rights ..................... 20 14
39. Dates of the sixty-second session of the Commission on
Human Rights ........................................................................... 3 14
40. Organization of work of the sixty-second session of the
Commission on Human Rights ................................................. 3 14
41. Proposed reform of the Secretary-General in the area of
human rights .............................................................................. 3 15
42. Technical cooperation in the field of human rights in
Afghanistan ............................................................................... 19 15
43. Situation of human rights in Haiti ............................................. 19 15
II. Resolutions and decisions adopted by the Commission at its
sixty-first session and Chairpersons statements that the
Commission agreed on by consensus at that session
A. Resolutions
2005/1. Situation in occupied Palestine ...................................... 5 16
2005/2. The use of mercenaries as a means of violating human
rights and impeding the exercise of the right of peoples
to self-determination ...................................................... 5 17
2005/3. Combating defamation of religions ................................ 6 21

Checklist of resolutions and decisions of the Commission and
Chairpersons statements made on behalf of the Commission
at its sixty-first session (continued)
Chapter Agenda item Page
II. A. (continued)
2005/4. The right to development ............................................... 7 25
2005/5. Inadmissibility of certain practices that contribute to
fuelling contemporary forms of racism, racial
discrimination, xenophobia and related intolerance ...... 6 27
2005/6. Israeli settlements in the Occupied Palestinian
Territory including East Jerusalem, and the
occupied Syrian Golan ................................................... 8 29
2005/7. Israeli practices affecting the human rights of the
Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem ............................... 8 32
2005/8. Human rights in the occupied Syrian Golan .................. 8 36
2005/9. Cooperation with representatives of United Nations
human rights bodies ....................................................... 9 38
2005/10. Situation of human rights in Myanmar .......................... 9 39
2005/11. Situation of human rights in the Democratic Peoples
Republic of Korea .......................................................... 9 45
2005/12. Situation of human rights in Cuba ................................. 9 49
2005/13. Situation of human rights in Belarus ............................. 9 50
2005/14. Human rights and unilateral coercive measures ............ 10 54
2005/15. Adverse effects of the illicit movement and dumping
of toxic and dangerous products and wastes on the
enjoyment of human rights ............................................ 10 56
2005/16. Human rights and extreme poverty ................................ 10 61
2005/17. Globalization and its impact on the full enjoyment
of all human rights ......................................................... 10 66
2005/18. The right to food ............................................................ 10 70
2005/19. Effects of economic reform policies and foreign
debt on the full enjoyment of all human rights .............. 10 74
2005/20. Promotion of the enjoyment of the cultural rights
of everyone and respect for different cultural
identities ........................................................................ 10 79
2005/21. The right to education .................................................... 10 82
2005/22. Question of the realization in all countries of
economic, social and cultural rights .............................. 10 87
2005/23. Access to medication in the context of pandemics
such as HIV/AIDS, tuberculosis and malaria ................ 10 93
2005/24. The right of everyone to the enjoyment of the highest
attainable standard of physical and mental health ......... 10 97
2005/25. Womens equal ownership, access to and control
over land and the equal rights to own property and
to adequate housing ....................................................... 10 103
2005/26. Human rights and forensic science ................................ 11 108
2005/27. Enforced or involuntary disappearances ........................ 11 110
2005/28. Arbitrary detention ........................................................ 11 114
2005/29. Strengthening of popular participation, equity,
social justice and non-discrimination as essential
foundations of democracy .............................................. 11 117
2005/30. Integrity of the judicial system ...................................... 11 121
2005/31. Hostage-taking ............................................................... 11 123
Checklist of resolutions and decisions of the Commission and
Chairpersons statements made on behalf of the Commission
at its sixty-first session (continued)
Chapter Agenda item Page
II. A. (continued)
2005/32. Democracy and the rule of law ...................................... 11 125
2005/33. Independence and impartiality of the judiciary, jurors
and assessors and the independence of lawyers ............. 11 129
2005/34. Extrajudicial, summary or arbitrary executions ............. 11 132
2005/35. Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations
of International Human Rights Law and Serious
Violations of International Humanitarian Law .............. 11 136
2005/36. The incompatibility between democracy and racism ..... 11 143
2005/37. Promoting the rights to peaceful assembly and
association ...................................................................... 11 146
2005/38. The right to freedom of opinion and expression ............ 11 147
2005/39. Torture and other cruel, inhuman or degrading
treatment or punishment ................................................ 11 152
2005/40. Elimination of all forms of intolerance and of
discrimination based on religion and belief ................... 11 156
2005/41. Elimination of violence against women ......................... 12 161
2005/42. Integrating the human rights of women throughout
the United Nations system ............................................. 12 169
2005/43. Abduction of children in Africa ..................................... 13 174
2005/44. Rights of the child .......................................................... 13 177
2005/45. Human rights and arbitrary deprivation of nationality ... 14 188
2005/46. Internally displaced persons ........................................... 14 190
2005/47. Human rights of migrants .............................................. 14 195
2005/48. Human rights and mass exoduses .................................. 14 202
2005/49. Working Group on Indigenous Populations of the
Sub-Commission on the Promotion and Protection
of Human Rights ............................................................ 15 206
2005/50. Working group of the Commission on Human Rights
to elaborate a draft declaration in accordance with
paragraph 5 of General Assembly resolution 49/214
of 23 December 1994 ..................................................... 15 210
2005/51. Human rights and indigenous issues .............................. 15 213
2005/52. Protection of indigenous peoples in times of conflict .... 15 217
2005/53. The work of the Sub-Commission on the Promotion
and Protection of Human Rights .................................... 16 217
2005/54. Enhancement of international cooperation in the
field of human rights ...................................................... 17 222
2005/55. Human rights and international solidarity ...................... 17 224
2005/56. Promotion of peace as a vital requirement for the
full enjoyment of all human rights by all ....................... 17 227
2005/57. Promotion of a democratic and equitable international
order ............................................................................... 17 230
2005/58. Development of public information activities in
the field of human rights, including the World
Public Information Campaign on Human Rights ........... 17 235
2005/59. The question of the death penalty .................................. 17 238
2005/60. Human rights and the environment as part of
sustainable development ................................................ 17 242
Checklist of resolutions and decisions of the Commission and
Chairpersons statements made on behalf of the Commission
at its sixty-first session (continued)
Chapter Agenda item Page
II. A. (concluded)
2005/61. World Programme for Human Rights Education ........... 17 244
2005/62. Convention on the Prevention and Punishment of the
Crime of Genocide ......................................................... 17 246
2005/63. Protection of the human rights of civilians in armed
conflicts ......................................................................... 17 248
2005/64. World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance
and the comprehensive implementation of and
follow-up to the Durban Declaration and
Programme of Action .................................................... 6 250
2005/65. Human rights of persons with disabilities ...................... 14 256
2005/66. Right to the truth ............................................................ 17 260
2005/67. Human rights defenders ................................................. 17 262
2005/68. The role of good governance in the promotion and
protection of human rights ............................................. 17 266
2005/69. Human rights and transnational corporations and
other business enterprises .............................................. 17 268
2005/70. Human rights and transitional justice ............................ 17 270
2005/71. Regional cooperation for the promotion and
protection of human rights in the Asian
and Pacific region .......................................................... 18 272
2005/72. Composition of the staff of the Office of the
United Nations High Commissioner for
Human Rights ................................................................ 18 273
2005/73. Regional arrangements for the promotion and
protection of human rights ............................................. 18 282
2005/74. National institutions for the promotion and
protection of human rights ............................................. 18 285
2005/75. Advisory services and technical assistance for
Burundi .......................................................................... 19 290
2005/76. Assistance to Sierra Leone in the field of
human rights .................................................................. 19 294
2005/77. Technical cooperation and advisory services in
Cambodia ....................................................................... 19 296
2005/78. Technical cooperation and advisory services in
Nepal .............................................................................. 19 299
2005/79. Rights of persons belonging to national or ethnic,
religious and linguistic minorities .................................. 14 304
2005/80. Protection of human rights and fundamental freedoms
while countering terrorism ............................................. 17 307
2005/81. Impunity ........................................................................ 17 311
2005/82. Situation of human rights in the Sudan .......................... 19 316
2005/83. Assistance to Somalia in the field of human rights ........ 19 320
2005/84. The protection of human rights in the context of
human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS) ............................ 14 326
2005/85. Technical cooperation and advisory services in the
Democratic Republic of the Congo ............................... 19 331

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item
A. Resolutions and decisions adopted by the Commission
Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
Agenda item 3: Organization of the work of the session
2005/101 Decision Organization of work Without a vote 15-16
2005/114 Decision Dates of the sixty-second session of the Commission on Human Rights Without a vote 56-57
2005/115 Decision Organization of work of the sixty-first session of the Commission on Human Rights Without a vote 58-60
2005/116 L.101 Decision Proposed reform of the Secretary-General in the area of human Recorded vote: 35-44
rights 34/15/4
2005/117 L.102 Decision Situation of human rights in Liberia Without a vote 45-46
2005/118 L.103 Decision Technical cooperation and advisory services in the field of human rights in Chad Without a vote 47-48

The titles of agenda items have been abbreviated, where appropriate.
** In the case of a vote, the figures represent: votes in favour/votes against/abstention.

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (continued)

Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
Agenda item 5: The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation
2005/1 L.5 Resolution Situation in occupied Palestine Recorded vote: 73-78
49/1/2
2005/2 L.6 Resolution The use of mercenaries as a means of violating human rights and Recorded vote: 79-84
impeding the exercise of the right of peoples to self-determination 35/15/2
Agenda item 6: Racism, racial discrimination, xenophobia and all forms of discrimination
2005/3 L.12 Resolution Combating defamation of religions Recorded vote: 90-93
31/16/5
2005/5 L.14 Resolution Inadmissibility of certain practices that contribute to fuelling Recorded vote: 94-98
contemporary forms of racism, racial discrimination, xenophobia and related intolerance 46/0/4
2005/64 L.13/Rev.1 Resolution World Conference against Racism, Racial Discrimination, Recorded vote: 99-109
Xenophobia and Related Intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action 38/1/14
Agenda item 7: The right to development
2005/4 L.9 Resolution The right to development Recorded vote: 114-120
48/2/2

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (continued)

Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
Agenda item 8: Question of the violation of human rights in the occupied Arab territories, including Palestine
2005/6 L.2/Rev.1 Resolution Israeli settlements in the Occupied Arab Territory, including Recorded vote: 125-130
East Jerusalem and the occupied Syrian Golan 39/2/12
2005/7 L.4 Resolution Israeli practices affecting the human rights of the Palestinian people Recorded vote: 131-135
in the Occupied Palestinian Territory, including East Jerusalem 29/10/14
2005/8 L.15 Resolution Human rights in the occupied Syrian Golan Recorded vote: 136-140
32/2/19
Agenda item 9: Question of the violation of human rights and fundamental freedoms in any part of the world,
2005/9 L.17 Resolution Cooperation with representatives of United Nations human rights bodies Without a vote 151-152
2005/10 L.29 Resolution Situation of human rights in Myanmar Without a vote 153-157
2005/11 L.30 Resolution Situation of human rights in the Democratic Peoples Republic of Recorded vote: 158-163
Korea 30/9/14
2005/12 L.31 Resolution Situation of human rights in Cuba Recorded vote: 164-170
21/17/15
2005/13 L.32 Resolution Situation of human rights in Belarus Recorded vote: 171-180
23/16/14
2005/102 Decision Postponement of consideration of draft resolution E/CN.4/2005/L.3 Without a vote 149-150
2005/103 Decision Question of human rights in Cyprus Without a vote 183-184

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (continued)

Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
Agenda item 10: Economic, social and cultural rights
2005/14 L.8 Resolution Human rights and unilateral coercive measures Recorded vote: 200-202
37/14/2
2005/15 L.16 Resolution Adverse effects of the illicit movement and dumping of toxic and Recorded vote: 203-210
dangerous products and wastes on the enjoyment of human rights 37/13/2
2005/16 L.18 Resolution Human rights and extreme poverty Without a vote 211-212
2005/17 L.19 Resolution Globalization and its impact on the full enjoyment of all human Recorded vote: 213-217
rights 38/15/0
2005/18 L.20 Resolution The right to food Recorded vote: 218-222
52/1/0
2005/19 L.21 Resolution Effects of economic reform policies and foreign debt on the full Recorded vote: 223-227
enjoyment of all human rights 33/14/6
2005/20 L.22 Resolution Promotion of the enjoyment of the cultural rights of everyone and Recorded vote: 228-233
respect for different cultural identities 39/1/13
2005/21 L.23 Resolution The right to education Without a vote 234-236
2005/22 L.24 Resolution Question of the realization in all countries of economic, social and Recorded vote: 237-240
cultural rights 50/0/3
2005/23 L.27 Resolution Access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria Without a vote 241-245
2005/24 L.28 Resolution The right of everyone to the enjoyment of the highest attainable Recorded vote: 246-252
standard of physical and mental health 52/1/0
2005/25 L.34 Resolution Womens equal ownership, access to and control over land and the equal rights to own property and to adequate housing Without a vote 253-256
2005/104 Decision Corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights Without a vote 257-260

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (continued)

Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
2005/105 L.26 Decision Study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights Without a vote 261-266
2005/106 Decision Promotion of the realization of the right to drinking water and sanitation Without a vote 267-269
Agenda item 11: Civil and political rights
2005/26 L.39 Resolution Human rights and forensic science Without a vote 282-284
2005/27 L.40 Resolution Enforced or involuntary disappearances Without a vote 285-289
2005/28 L.41 Resolution Arbitrary detention Without a vote 290-292
2005/29 L.42 Resolution Strengthening of popular participation, equity, social justice and Recorded vote: 293-296
non-discrimination as essential foundations of democracy 28/14/11
2005/30 L.43 Resolution Integrity of the judicial system Recorded vote: 297-305
52/0/1
2005/31 L.44 Resolution Hostage-taking Without a vote 306-308
2005/32 L.45 Resolution Democracy and the rule of law Recorded vote: 309-317
46/0/7
2005/33 L.46 Resolution Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers Without a vote 318-321
2005/34 L.47/Rev.1 Resolution Extrajudicial, summary or arbitrary executions Recorded vote: 322-333
36/0/17
2005/35 L.48 Resolution Basic Principles and Guidelines on the Right to a Remedy and Recorded vote: 334-339
Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law 40/0/13
2005/36 L.49 Resolution The incompatibility between democracy and racism Without a vote 340-342

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (continued)

Resolution or decision No. Draft resolution or decision E/CN.4/2005/ Type of proposal Title* Method of adoption** Paragraphs of report
2005/37 2005/38 2005/39 2005/40 2005/107 L.50 L.52 L.54 L.55 Resolution Resolution Resolution Resolution Decision Promoting the right to peaceful assembly and association The right to freedom of opinion and expression Torture and other cruel, inhuman or degrading treatment or punishment Elimination of all forms of intolerance and of discrimination based on religion or belief Terrorism and human rights Recorded vote: 45/0/8 Without a vote Without a vote Without a vote Recorded vote: 40/2/11 343-354 355-359 360-362 363-366 367-372
2005/41 2005/42 2005/108 L.51 L.53 Resolution Resolution Decision Agenda item 12: Integration of the human rights of women and the gender perspective Elimination of violence against women Integrating the human rights of women throughout the United Nations system The difficulty of establishing guilt and/or responsibility with regard to crimes of sexual violence Without a vote Without a vote Without a vote 380-393 394-396 397-399
2005/43 2005/44 L.35/Rev.1 L.96 Resolution Resolution Agenda item 13: Rights of the child Abduction of children in Africa Rights of the child Without a vote Recorded vote: 52/1/0 405-408 409-417
2005/45 2005/462005/47 L.58 L.60 L.63 Resolution Resolution Resolution Agenda item 14: Specific groups and individuals Human rights and arbitrary deprivation of nationality Internally displaced persons Human rights of migrants Without a vote Without a vote Without a vote 425-426 437-442 449-453

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (continued)

Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
2005/48 L.64 Resolution Human rights and mass exoduses Without a vote 454-455
2005/65 L.65 Resolution Human rights of persons with disabilities Without a vote 456-461
2005/79 L.62 Resolution Rights of persons belonging to national or ethnic, religious and linguistic minorities Without a vote 443-448
2005/84 L.59 Resolution The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) Without a vote 427-436
2005/109 Decision Discrimination based on work and descent Without a vote 462-464
Agenda item 15: Indigenous issues
2005/49 L.56 Resolution Working Group on Indigenous Populations of the Sub-Commission Recorded vote: 470-474
on the Promotion and Protection of Human Rights 39/13/1
2005/50 L.61 Resolution Working Group of the Commission on Human Rights to elaborate Recorded vote: 476-484
a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994 52/0/1
2005/51 L.66 Resolution Human rights and indigenous issues Without a vote 485-487
2005/52 Resolution Protection of indigenous peoples in times of conflict Recorded vote: 488-491
35/13/4
2005/110 Decision Final report on the study Indigenous peoples permanent Recorded vote: 492-496
sovereignty over natural resources 38/2/12
Agenda item 16: Report of the Sub-Commission on the Promotion and Protection of Human Rights
2005/53 L.57 Resolution The work of the Sub-Commission on the Promotion and Protection of Human Rights Without a vote 502-505

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (continued)

Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
Agenda item 17: Promotion and Protection of Human Rights
2005/54 L.69 Resolution Enhancement of international cooperation in the field of human rights Without a vote 516-517
2005/55 L.71 Resolution Human rights and international solidarity Recorded vote: 518-522
37/15/1
2005/56 L.72 Resolution Promotion of peace as a vital requirement for the full enjoyment of Recorded vote: 523-526
all human rights by all 32/15/6
2005/57 L.73 Resolution Promotion of a democratic and equitable international order Recorded vote: 527-530
32/15/6
2005/58 L.74 Resolution The development of public information activities in the field of human rights, including the World Public Information Campaign on Human Rights Without a vote 531-533
2005/59 L.77 Resolution The question of the death penalty Recorded vote: 534-541
26/17/10
2005/60 L.79 Resolution Human rights and the environment as part of sustainable development Without a vote 542-544
2005/61 L.80 Resolution World Programme for Human Rights Education Without a vote 545-546
2005/62 L.81/Rev.1 Resolution Convention on the Prevention and Punishment of the Crime of Genocide Without a vote 547-551
2005/63 L.82 Resolution Protection of the human rights of civilians in armed conflicts Recorded vote: 552-556
51/1/1
2005/66 L.84 Resolution Right to the truth Without a vote 557-560

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (continued)

Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
2005/67 L.85 Resolution Human rights defenders Without a vote 561-568
2005/68 L.86 Resolution The role of good governance in the promotion and protection of human rights Without a vote 569-576
2005/69 L.87 Resolution Human rights and transnational corporations and other business Recorded vote: 577-581
enterprises 49/3/1
2005/70 L.91 Resolution Human rights and transitional justice Without a vote 582-585
2005/80 L.88 Resolution Protection of human rights and fundamental freedoms while countering terrorism Without a vote 586-592
2005/81 L.93 Resolution Impunity Without a vote 593-599
2005/111 L.67 Decision Human rights and human responsibilities Recorded vote: 511-515
26/25/1
2005/112 Decision The legal implications of disappearance of States and other Recorded vote: 600-603
territories for environmental reasons, including the implications for the human rights of their residents, with particular reference to the rights of indigenous peoples 51/2/0
Agenda item 18: Effective functioning of human rights mechanisms
2005/71 L.68 Resolution Regional cooperation for the promotion and protection of human rights in the Asian Pacific Region Without a vote 608-610
2005/72 L.70 Resolution Composition of the staff of the Office of the United Nations Recorded vote: 611-616
High Commissioner for Human Rights 36/15/2
2005/73 L.76 Resolution Regional arrangements for the promotion and protection of human rights Without a vote 617-619
2005/74 L.92/Rev.1 Resolution National institutions for the promotion and protection of human rights Without a vote 620-622

List of resolutions and decisions adopted by the Commission and statements made by the
Chairperson on behalf of the Commission at its sixty-first session, by agenda item (concluded)

Draft
Resolution or decision No. resolution or decision Type of proposal Title* Method of adoption** Paragraphs of report
E/CN.4/2005/
Agenda item 19: Advisory services and technical cooperation in the field of human rights
2005/75 L.37/Rev.1 Resolution Advisory services and technical assistance for Burundi Without a vote 639-641
2005/76 L.78/Rev.1 Resolution Assistance to Sierra Leone in the field of human rights Without a vote 655-657
2005/77 L.83 Resolution Technical cooperation and advisory services in Cambodia Without a vote 658-660
2005/78 L.90 Resolution Technical cooperation and advisory services in Nepal Without a vote 661-664
2005/82 L.36/Rev.3 Resolution Situation of human rights in the Sudan Without a vote 635-638
2005/83 L.75 Resolution Assistance to Somalia in the field of human rights Without a vote 651-654
2005/85 L.38/Rev.1 Resolution Technical cooperation and advisory services in the Democratic Republic of the Congo Without a vote 642-650
Agenda item 20: Rationalization of the work of the Commission
2005/113 L.98 Decision Enhancing and strengthening the effectiveness of the special Without a vote 672-675
procedures of the Commission on Human Rights

B. Statements made by the Chairperson on behalf of the Commission

Agenda item Subject Date Paragraphs of report
3 Situation of human rights in Colombia 22 April 2005 25-28
5 Question of Western Sahara 7 April 2005 71-72
19 Situation of human rights in Haiti 21 April 2005 667-668
19 Technical cooperation in the field of human rights in Afghanistan 21 April 2005 665-666

I. Draft resolution and draft decisions recommended for
adoption by the Economic and Social Council
A. DRAFT RESOLUTION
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law
The Economic and Social Council,
Taking note of Commission on Human Rights resolution 2005/35 of 19 April 2005, in
which the Commission adopted the text of the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law,
1. Expresses its appreciation to the Commission for the adoption of the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law;
2. Adopts the Basic Principles and Guidelines as contained in the annex to
Commission resolution 2005/35;
3. Recommends to the General Assembly that it adopt the Basic Principles and
Guidelines.
[See chap. II, sect. A, resolution 2005/35, and chap. XI, paras. 334 to 339.]
B. DRAFT DECISIONS
1. Use of mercenaries as a means of violating human rights and impeding the exercise
of the right of peoples to self-determination
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/2 of 7 April 2005, endorses the Commissions decision to establish a working
group on the use of mercenaries as a means of violating human rights and impeding the exercise
of the right of peoples to self-determination, to be composed of five independent experts,
one from each regional group, to meet intersessionally for a period of three years, with the
following mandate:
(a) To elaborate and present concrete proposals on possible new standards, general
guidelines or basic principles encouraging the further protection of human rights, in particular
the right of peoples to self-determination, while facing current and emergent threats posed by
mercenaries or mercenary-related activities;

(b) To seek opinions and contributions from Governments, intergovernmental and
non-governmental organizations on questions relating to its mandate;
(c) To monitor mercenaries and mercenary-related activities in all their forms and
manifestations in different parts of the world;
(d) To study and identify emerging issues, manifestations and trends regarding
mercenaries or mercenary-related activities and their impact on human rights, particularly on the
right of peoples to self-determination;
(e) To monitor and study the effects of the activities of private companies offering
military assistance, consultancy and security services on the international market on the
enjoyment of human rights, particularly the right of peoples to self-determination, and to prepare
draft international basic principles that encourage respect for human rights on the part of those
companies in their activities.
The Council also endorses the request of the Commission to the Working Group to report
annually to the Commission and the General Assembly.
[See chap. II, sect. A, resolution 2005/2, and chap. V, paras. 79 to 84.]
2. The right to development
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/4 of 12 April 2005, approves the decision of the Commission to renew for
one year the mandate of the Open-ended working group established to monitor and review
progress made in the promotion and implementation of the right to development and to convene
its seventh session before the sixty-second session of the Commission for a period of
10 working days, five of which shall be allocated to the second meeting of the high-level task
force on the right to development to be held well in advance of the session of the Working
Group.
[See chap. II, sect. A, resolution 2005/4, and chap. VII, paras. 114 to 119.]
3. Situation of human rights in Myanmar
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/10 of 14 April 2005, endorses the Commissions decision to extend the mandate
of the Special Rapporteur on the situation of human rights in Myanmar, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year, to request the Special
Rapporteur to submit an interim report to the General Assembly at its sixtieth session, to report
to the Commission at its sixty-second session and to integrate a gender perspective throughout
his work.
[See chap. II, sect. A, resolution 2005/10, and chap. IX, paras. 153 to 157.]

4. Situation of human rights in the Democratic Peoples Republic of Korea
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/11 of 14 April 2005, endorses the Commissions decision to extend the mandate
of the Special Rapporteur on the situation of human rights in the Democratic Peoples Republic
of Korea, as contained in Commission resolution 2004/13 of 15 April 2004, for a further year.
The Council also approves the request of the Commission to the Special Rapporteur to
report his findings and recommendations to the General Assembly at its sixtieth session and to
the Commission on Human Rights at its sixty-second session and the request to the
Secretary-General to give the Special Rapporteur all necessary assistance in the discharge of his
mandate.
[See chap. II, sect. A, resolution 2005/11, and chap. IX, paras. 158 to 163.]
5. Situation of human rights in Belarus
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/13 of 14 April 2005, endorses the Commissions decision to extend the mandate
of the Special Rapporteur for a further year, from within existing resources, and requests him to
continue his efforts to establish direct contacts with the Government and with the people of
Belarus, with a view to examining the situation of human rights in Belarus and following any
progress made towards the elaboration of a programme on human rights education for all sectors
of society, in particular law enforcement, the judiciary, prison officials and civil society, and to
report to the Commission at its sixty-second session.
The Council also endorses the Commissions request to the Secretary-General to give the
Special Rapporteur all necessary assistance in the discharge of his mandate.
[See chap. II, sect. A, resolution 2005/13, and chap. IX, paras. 171 to 180.]
6. Effects of economic reform policies and foreign debt on the full enjoyment of all
human rights
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/19 of 14 April 2005, endorses the Commissions decision to request the
independent expert to report to the General Assembly on the issue of the effects of economic
reform policies and foreign debt on the full enjoyment of human rights, particularly economic,
social and cultural rights.
The Council also endorses the Commissions request to the Secretary General to provide
the independent expert with all necessary assistance, in particular the staff and resources required
to carry out his functions, as well as to facilitate his participation in and contribution to the
follow-up process of the International Conference on Financing for Development, including in
the multi-stakeholder consultations to be organized in 2005 on issues relevant to his mandate.
[See chap. II, sect. A, resolution 2005/19, and chap. X, paras. 223 to 227.]

7. The right of everyone to the enjoyment of the highest attainable standard of
physical and mental health
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/24 of 15 April 2005, approves the Commissions decision to extend for a period
of three years the mandate of the Special Rapporteur on the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health.
[See chap. II, sect. A, resolution 2005/24, and chap. X, paras. 246 to 252.]
8. Enforced or involuntary disappearances
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/27 of 19 April 2005, approves the Commissions request to the Intersessional
open-ended working group to elaborate a draft legally binding normative instrument for the
protection of all persons from enforced disappearance to meet for a period of 10 days in one
formal session before the end of 2005 with a view to the completion of its work, and to report to
the Commission at its sixty-second session.
[See chap. II, sect. A, resolution 2005/27, and chap. XI, paras. 285 to 289.]
9. Independence and impartiality of the judiciary, jurors and assessors and the
independence of lawyers
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/33 of 19 April 2005, endorses the Commissions decision to request the Special
Rapporteur on the independence of judges and lawyers to submit a report on the activities
relating to his mandate to the General Assembly at its sixtieth session and to the Commission at
its sixty-second session.
The Council also endorses the Commissions request to the Secretary-General, within the
limits of the United Nations regular budget, to provide the Special Rapporteur with any
assistance needed for the discharge of his mandate.
[See chap. II, sect. A, resolution 2005/33, and chap. XI, paras. 318 to 321.]
10. The right to freedom of opinion and expression
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/38 of 19 April 2005, approves the decision of the Commission to extend the
mandate of the Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression for a further three years and its request to the Special Rapporteur to
submit each year to the Commission a report covering activities relating to his mandate.
[See chap. II, sect. A, resolution 2005/38, and chap. XI, paras. 355 to 359.]

11. Torture and other cruel, inhuman or degrading treatment or punishment
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/39 of 19 April 2005, approves the request of the Commission to the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to submit
an interim report to the General Assembly at its sixtieth session on the overall trends and
developments with regard to his mandate and a full report to the Commission at its
sixty-second session, including all replies sent by Governments that are received in any of the
official languages of the United Nations.
[See chap. II, sect. A, resolution 2005/39, and chap. XI, paras. 360 to 362.]
12. Elimination of violence against women
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/41 of 19 April 2005, requests the Special Rapporteur on violence against
women, its causes and consequences, to present an oral report to the General Assembly at its
sixtieth session.
[See chap. II, sect. A, resolution 2005/41, and chap. XII, paras. 380 to 393.]
13. Human rights of migrants
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/47 of 19 April 2005, approves the decision of the Commission to extend the
mandate of the Special Rapporteur on the human rights of migrants for a period of three years.
It also endorses the Commissions request to the Secretary-General to give the
Special Rapporteur all the necessary human and financial assistance for the fulfilment of his/her
mandate.
[See chap. II, sect. A, resolution 2005/47, and chap. XIV, paras. 449 to 453.]
14. Working Group on Indigenous Populations of the Sub-Commission on the
Promotion and Protection of Human Rights
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/49 of 20 April 2005, endorses the Commissions recommendation to authorize
the Working Group on Indigenous Populations of the Sub-Commission on the Promotion and
Protection of Human Rights to meet for five working days prior to the fifty-seventh session of
the Sub-Commission.
The Council also authorizes the Chairperson-Rapporteur of the twenty-second session of
the Working Group to submit the report on that session to the Permanent Forum on Indigenous
Issues at its fourth session in 2005.
[See chap. II, sect. A, resolution 2005/49, and chap. XV, paras. 470 to 474.]

15. Working Group of the Commission on Human Rights to elaborate a draft
declaration in accordance with paragraph 5 of General Assembly resolution 49/214
of 23 December 1994
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/50 of 20 April 2005, authorizes the Working Group established in accordance
with Commission resolution 1995/32 of 3 March 1995 to meet for a period of ten working days
prior to the sixty-second session of the Commission, the costs of the meeting to be met from
within existing resources.
[See chap. II, sect. A, resolution 2005/50, and chap. XV, paras. 476 to 484.]
16. Human rights and indigenous issues
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/51 of 20 April 2005, requests the Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous people, to submit a report on his activities to the
General Assembly at its sixtieth session and to the Commission at its sixty-second session
[See chap. II, sect. A, resolution 2005/51, and chap. XV, paras. 485 to 487.]
17. Human rights and international solidarity
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/55 of 20 April 2005, endorses the decision of the Commission to appoint an
independent expert on human rights and international solidarity for a period of three years to
study the issue and prepare a draft declaration on the right of peoples to international solidarity,
taking into account the outcomes of all major United Nations and other global summits and
ministerial meetings in the economic and social fields and seeking views and contributions from
Governments, United Nations agencies, other relevant international organizations and
non-governmental organizations.
The Council also approves the request of the Commission to the independent expert to
report annually to the Commission on the progress made in the fulfilment of his/her mandate.
[See chap. II, sect. A, resolution 2005/55, and chap. XVII, paras. 518 to 522.]
18. Convention on the Prevention and Punishment of the Crime of Genocide
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/62 of 20 April 2005, endorses the Commissions request to the
Secretary-General to make available to the Commission at its sixty-second session a report on
the implementation of the Five Point Action Plan for the prevention of genocide and on the
activities of the Special Adviser to the Secretary-General on the Prevention of Genocide and also
endorses the invitation to the Special Adviser to address the Commission at its sixty-second and
sixty-third sessions on the progress made in discharging his duties.
[See chap. II, sect. A, resolution 2005/62, and chap. XVII, paras. 547 to 551.]

19. World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance and the comprehensive implementation of and follow-up to the Durban
Declaration and Programme of Action
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/64 of 20 April 2005, endorses the decision of the Commission to extend the
mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance for a period of three years.
The Council also endorses the Commissions request to the Secretary-General to
provide the Special Rapporteur with all the necessary human and financial assistance to carry out
his mandate efficiently, effectively and expeditiously and to enable him to submit an interim
report to the General Assembly at its sixtieth session and to the Commission at its
sixty-second session.
[See chap. II, sect. A, resolution 2005/64, and chap. VI, paras. 99 to 109.]
20. Human rights and transnational corporations and other business enterprises
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/69 of 20 April 2005, approves the request of the Commission to the
Secretary-General to appoint a special representative on the issue of human rights and
transnational corporations and other business enterprises, for an initial period of two years, to
undertake the activities set out in that resolution.
The Council also endorses the Commissions request to the United Nations
High Commissioner for Human Rights to convene annually, in cooperation with the Special
Representative, a meeting with senior executives from companies and experts from a particular
sector, such as the pharmaceutical, extractive or chemical industries, to consider, within the
mandate of the Special Representative, the specific human rights issues faced by those sectors, to
raise awareness and share best practice, and to report on the outcome of the first meeting to the
Commission at its sixty-second session.
[See chap. II, sect. A, resolution 2005/69, and chap. XVII, paras. 577 to 581.]
21. Composition of the staff of the Office of the United Nations High Commissioner for
Human Rights
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/72 of 20 April 2005, draws the attention of the General Assembly to this
resolution in the context of the consideration of the agenda item on human resources
management.
The Council further endorses the Commissions:
(a) Invitation to the General Assembly and its appropriate subsidiary bodies,
inter alia, the Advisory Committee on Administrative and Budgetary Questions, the Committee

for Programme and Coordination and the Fifth Committee of the Assembly, to give due
consideration to Commission resolution 2005/72 and to the report of the Joint Inspection Unit
entitled Management review of the Office of the United Nations High Commissioner for
Human Rights (JIU/REP/2003/6), transmitted to the Assembly in a note by the
Secretary-General (A/59/65-E/2004/48 and Add.1), in particular to any other organization,
management, executive direction, structure, administrative, financial and more technical
human resources management issues and recommendations contained therein and not
addressed in this resolution;
(b) Request to the Joint Inspection Unit to assist the Commission on Human Rights
to monitor systematically the implementation of Commission resolution 2005/72 and to submit a
follow-up comprehensive review of the implementation of the decisions of the Commission and
other United Nations intergovernmental bodies regarding the management, programmes and
administration of the Office of the United Nations High Commissioner for Human Rights, in
particular, with regard to their impact on the recruitment policies and the composition of the
staff, to the Commission at its sixty-third session and to the General Assembly at its
sixty-first session, containing any concrete proposals for corrective action, if required, for the
implementation of the relevant intergovernmental bodies resolutions, including Commission
resolution 2005/72.
[See chap. II, sect. A, resolution 2005/72, and chap. XVIII, paras. 611 to 616.]
22. Advisory services and technical assistance for Burundi
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/75 of 20 April 2005, endorses the decision of the Commission to request the
independent expert to continue to study the situation of human rights in Burundi, and to request
him to submit an interim report to the General Assembly at its sixtieth session, and to report
thereon to the Commission at its sixty-second session.
[See chap. II, sect. A, resolution 2005/75, and chap. XIX, paras. 639 to 641.]
23. Assistance to Sierra Leone in the field of human rights
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/76 of 20 April 2005, endorses the decision of the Commission to request the
United Nations High Commissioner for Human Rights to report to the General Assembly at its
sixtieth session and to the Commission at its sixty-second session on assistance to Sierra Leone
in the field of human rights, with specific reference to the Human Rights Section of the
United Nations Mission in Sierra Leone.
[See chap. II, sect. A, resolution 2005/76, and chap. XIX, paras. 655 to 657.]

24. Technical cooperation and advisory services in Nepal
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/78 of 20 April 2005, endorses the decision of the Commission to request the
United Nations High Commissioner for Human Rights to submit a report on the human rights
situation and the activities of her Office, including technical cooperation, in Nepal to the
General Assembly at its sixtieth session and to the Commission at its sixty-second session.
[See chap. II, sect. A, resolution 2005/78, and chap. XIX, paras. 661 to 664.]
25. Rights of persons belonging to national or ethnic, religious and linguistic minorities
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/79 of 21 April 2005, endorses the Commissions request to the United Nations
High Commissioner for Human Rights to appoint an independent expert on minority issues for a
period of two years, with the mandate:
(a) To promote the implementation of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities, including through
consultations with Governments, taking into account existing international standards and
national legislation concerning minorities;
(b) To identify best practices and possibilities for technical cooperation by the Office
of the United Nations High Commissioner for Human Rights at the request of Governments;
(c) To apply a gender perspective in his or her work;
(d) To cooperate closely, while avoiding duplication, with existing relevant
United Nations bodies, mandates, mechanisms as well as regional organizations;
(e) To take into account the views of non-governmental organizations on matters
pertaining to his or her mandate.
The Council also endorses the request of the Commission to the independent expert to
submit annual reports on his/her activities to the Commission, including recommendations for
effective strategies for the better implementation of the rights of persons belonging to minorities.
The Council further endorses the Commissions request to the High Commissioner to
provide all the necessary resources, from within existing budgetary resources, for the effective
fulfilment of the mandate of the independent expert.
The Council endorses the decision of the Commission to amend the mandate of the
Working Group on Minorities of the Sub-Commission for the Promotion and Protection of
Human Rights with a view to the Working Group holding one session of three consecutive
working days annually during the time of the annual session of the Sub-Commission, focusing its
work on interactive dialogue with relevant non-governmental organizations and on conceptual
support of, and dialogue with, the independent expert, who shall participate as an observer.
[See chap. II, sect. A, resolution 2005/79, and chap. XIV, paras. 443 to 447.]

26. Protection of human rights and fundamental freedoms while countering terrorism
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/80 of 21 April 2005, approves the decision of the Commission to appoint a
special rapporteur on the promotion and protection of human rights while countering terrorism
for a period of three years with the mandate contained in that resolution.
The Council also approves the request of the Commission to the United Nations
High Commissioner for Human Rights to report regularly on the implementation of
resolution 2005/80 to the Commission and to the General Assembly.
[See chap. II, sect. A, resolution 2005/80, and chap. XVII, paras. 586 to 592.]
27. Situation of human rights in the Sudan
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/82 of 21 April 2005, approves the Commissions decision to establish the
mandate of a special rapporteur on the situation of human rights in the Sudan for one year to
monitor the situation of human rights in the Sudan, and to request the Special Rapporteur to
submit an interim report to the General Assembly at its sixtieth session and to report to the
Commission at its sixty-second session.
The Council also endorses the Commissions request to the Secretary-General to provide
the Special Rapporteur with all necessary assistance to enable him or her to discharge his or her
mandate fully.
[See chap. II, sect. A, resolution 2005/82, and chap. XIX, paras. 635 to 638.]
28. Assistance to Somalia in the field of human rights
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/83 of 21 April 2005, endorses the decision of the Commission to extend the
mandate of the independent expert appointed by the Secretary-General on the situation of human
rights in Somalia for a further year and its request to the independent expert to report to the
Commission at its sixty-second session.
The Council also approves the request of the Commission to the Secretary-General
to continue to provide the independent expert with all necessary assistance in carrying out
his mandate and to provide adequate resources, from within existing overall United Nations
resources, to fund the activities of the independent expert and the United Nations
High Commissioner for Human Rights in providing advisory services and technical
assistance.
[See chap. II, sect. A, resolution 2005/83, and chap. XIX, paras. 651 to 654.]

29. Technical cooperation and advisory services in the Democratic Republic
of the Congo
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/85 of 21 April 2005, approves the decision of the Commission:
(a) To extend the mandate of the independent expert to provide assistance to the
Government of the Democratic Republic of the Congo in the field of human rights for one year
and to request the Secretary-General to provide all necessary assistance to enable the
independent expert to fulfil his mandate;
(b) To request the independent expert to submit a progress report to the
General Assembly at its sixtieth session, and to report to the Commission at its
sixty-second session;
(c) To renew its request to the Secretary-General that he should provide advisory
services to the Democratic Republic of the Congo in the field of human rights.
[See chap. II, sect. A, resolution 2005/85, and chap. XIX, paras. 642 to 650.]
30. Corruption and its impact on the full enjoyment of human rights, in particular
economic, social and cultural rights
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/104 of 15 April 2005, endorses the decision of the Commission to request the
Secretary-General to facilitate the work of the Special Rapporteur to undertake an in-depth study
on corruption and its impact on the full enjoyment of human rights, in particular economic,
social and cultural rights, by enabling her to attend the meetings of the Friends of the
United Nations Convention against Corruption, which take place in Vienna.
[See chap. II, sect. B, decision 2005/104, and chap. X, paras. 257 to 260.]
31. Study on non-discrimination as enshrined in article 2, paragraph 2, of the
International Covenant on Economic, Social and Cultural Rights
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/105 of 15 April 2005, endorses the decision of the Commission to appoint
Mr. Marc Bossuyt as Special Rapporteur of the Sub-Commission on the Promotion and
Protection of Human Rights to undertake a study on non-discrimination as enshrined in article 2,
paragraph 2, of the International Covenant on Economic, Social and Cultural Rights, based on
the working paper prepared by Mr. Emmanuel Decaux (E/CN.4/Sub.2/2004/24), on the
comments received and the discussions held at the fifty-sixth session of the Sub-Commission,
and in close cooperation with the Committee on Economic, Social and Cultural Rights, and to
request the Special Rapporteur to submit a preliminary report to the Sub-Commission at its
fifty-seventh session, an interim report at its fifty-eighth session and a final report at its
fifty-ninth session.

The Council also approves the Commissions request to the Secretary-General to provide
the Special Rapporteur with all the necessary assistance to enable him to carry out his mandate.
[See chap. II, sect. B, decision 2005/105, and chap. X, paras. 261 to 266.]
32. Promotion of the realization of the right to drinking water and sanitation
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/106 of 15 April 2005, endorses the Commissions request that the reports
(E/CN.4/Sub.2/2002/10, E/CN.4/Sub.2/2003/WP.3 and E/CN.4/Sub.2/2004/20) of the Special
Rapporteur of the Sub-Commission on the Promotion and Protection of Human Rights 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 the national and international levels be published in the official languages of the
United Nations.
[See chap. II, sect. B, decision 2005/106, and chap. X, paras. 267 to 269.]
33. Terrorism and human rights
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/107 of 19 April 2005, endorses the Commissions recommendation that a
compilation into a comprehensive document of all the reports and documents submitted to date
by the Special Rapporteur of the Sub-Commission on the Promotion and Protection of Human
Rights on terrorism and human rights be published as a United Nations publication as part of the
Human Rights Study Series.
[See chap. II, sect. B, decision 2005/107, and chap. XI, paras. 367 to 372.]
34. The difficulty of establishing guilt and/or responsibility with regard to crimes of
sexual violence
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/108 of 19 April 2005, endorses the decision of the Commission to appoint
Ms. Lalaina Rakotoarisoa as Special Rapporteur of the Sub-Commission on the Promotion and
Protection of Human Rights entrusted with preparing a detailed study on the difficulties of
establishing guilt and/or responsibilities with regard to crimes of sexual violence, and to request
the Special Rapporteur to submit to the Sub-Commission a preliminary report at its
fifty-seventh session, an interim report at its fifty-eighth session and a final report at its
fifty-ninth session.
The Council also approves the Commissions request to the Secretary-General to provide
the Special Rapporteur with any assistance she may require to carry out her mandate.
[See chap. II, sect. B, decision 2005/108, and chap. XII, paras. 397 to 399.]

35. Discrimination based on work and descent
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/109 of 19 April 2005, endorses the decision of the Commission to appoint
Mr. Yozo Yokota and Ms. Chin-Sung Chung as Special Rapporteurs of the Sub-Commission on
the Promotion and Protection of Human Rights with the task of preparing a comprehensive study
on discrimination based on work and descent, on the basis of the three working papers submitted
to the Sub-Commission on this topic (E/CN.4/Sub.2/2001/16, E/CN.4/Sub.2/2003/24 and
E/CN.4/Sub.2/2004/31), the comments made during the sessions of the Sub-Commission at
which those working papers were submitted and the provisions of the Sub-Commission
resolution 2004/17 of 12 August 2004, and of responses from Governments, national human
rights institutions, relevant organs and agencies of the United Nations system and
non-governmental organizations to a questionnaire to be elaborated and circulated by the
Special Rapporteurs.
The Council also approves the request of the Commission to the Special Rapporteur
to submit a preliminary report to the Sub-Commission at its fifty-seventh session, a progress
report at its fifty-eighth session and a final report at its fifty-ninth session, and the request to
the Secretary-General and the United Nations High Commissioner for Human Rights to
provide the Special Rapporteurs with all the assistance necessary to enable them to accomplish
this task.
[See chap. II, sect. B, decision 2005/109, and chap. XIV, paras. 462 to 464.]
36. Final report on the study on indigenous peoples permanent sovereignty over
natural resources
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/110 of 20 April 2005, endorses the Commissions recommendation to authorize
the Office of the United Nations High Commissioner for Human Rights to convene an expert
seminar during the year 2005, to which representatives of indigenous peoples and Governments
as well as the Special Rapporteur of the Sub-Commission on the Promotion and Protection of
Human Rights will be invited, in order to give further attention to and to discuss in detail the
many political, legal, economic, social and cultural aspects relating to in the study on indigenous
peoples permanent sovereignty over natural resources (E/CN.4/Sub.2/2004/30 and Add.1), as
well as to the study entitled Indigenous peoples and their relationship to land
(E/CN.4/Sub.2/2001/21).
The Council also endorse the Commissions recommendation that the studies of the
Special Rapporteur be issued as United Nations publications as part of the Human Rights
Study Series.
[See chap. II, sect. B, decision 2005/110, and chap. XV, paras. 492 to 496.]

37. Human rights and human responsibilities
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/111 of 20 April 2005, endorses the decision of the Commission to request
Mr. Miguel Alfonso Martínez, author of the study on human rights and human responsibilities
requested by the Commission in its resolution 2000/63 of 26 April 2000, to prepare, without
financial implications, for submission to and discussion at its sixty-second session a new initial
version of the pre-draft declaration on human social responsibilities (E/CN.4/2003/105, annex I),
taking into account the debate held on this matter during its sixty-first session and, in particular,
the comments and suggestions advanced by States and international governmental and
non-governmental organizations on the pre-draft declaration, as reflected in the compilation
published in the report of the Office of the United Nations High Commissioner for Human
Rights (E/CN.4/2005/99).
[See chap. II, sect. B, decision 2005/111, and chap. XVII, paras. 511 to 515.]
38. Enhancing and strengthening the effectiveness of the special procedures of the
Commission on Human Rights
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/113 of 21 April 2005, endorses the decision of the Commission to request the
United Nations High Commissioner for Human Rights to organize an open-ended seminar
during 2005, from within existing resources, in consultation with the Expanded Bureau of the
Commission, as part of the effort to enhance and strengthen the effectiveness of the special
procedures and to submit a report on the implementation of decision 2005/113 to the
Commission at its sixty-second session.
[See chap. II, sect. B, decision 2005/113, and chap. XX, paras. 672 to 675.]
39. Dates of the sixty-second session of the Commission on Human Rights
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/114 of 21 April 2005, endorses the Commissions decision that the first meeting
of the Commission would be held on the third Monday in January with the sole purpose of
electing its officers, and that the sixty-second session of the Commission would be held
from 13 March to 21 April 2006.
[See chap. II, sect. B, decision 2005/114, and chap. III, paras. 56 and 57.]
40. Organization of work of the sixty-second session of the Commission on
Human Rights
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/115 of 21 April 2005, authorizes six fully serviced additional meetings, including
summary records, in accordance with rules 29 and 31 of the rules of procedure of the functional
commissions of the Council, for the Commissions sixty-second session.

The Council also requests the Chairperson of the sixty-second session of the Commission
to make every effort to organize the work of the session within the time normally allotted so that
the additional meetings which the Council might authorize would be utilized only if they proved
to be absolutely necessary.
[See chap. II, sect. B, decision 2005/115, and chap. III, paras. 58 to 60.]
41. Proposed reform of the Secretary-General in the area of human rights
The Economic and Social Council, taking note of Commission on Human Rights
decision 2005/116 of 22 April 2005, endorses the decision of the Commission to establish an
open-ended working group, to be chaired by the Chairperson of the sixty-first session of the
Commission, to convene a five-day intersessional meeting in June 2005 to reflect coherently on
the recommendations on human rights contained in the report of the Secretary-General
(A/59/2005), with a view to contributing to the intergovernmental deliberations on the proposed
reform of the United Nations in the General Assembly.
The Council also endorses the decision of the Commission to convene a one-day special
session to formally adopt the outcome of the open-ended working group and transmit it to the
Secretary-General, through the Council.
[See chap. II, sect. B, decision 2005/116, and chap. III, paras. 35 to 44.]
42. Technical cooperation in the field of human rights in Afghanistan
The Economic and Social Council, taking note of the statement of the Chairperson of the
Commission on Human Rights, at the 60th meeting of the Commission, on 21 April 2005 on
technical cooperation in the field of human rights in Afghanistan, which was agreed on by
consensus, endorses the Commissions request to the United Nations High Commissioner for
Human Rights that she report to the General Assembly at its sixtieth session and to the
Commission at its sixty-second session on the situation of human rights in Afghanistan and on
the results of technical assistance in the field of human rights, particularly as regards the
development of national capacities in the field.
[See chap. II, sect. C, and chap. XIX, paras. 665 and 666.]
43. Situation of human rights in Haiti
The Economic and Social Council, taking note of the statement on the situation of
human rights in Haiti made by the Chairperson of the Commission on Human Rights at its
60th meeting, on 21 April 2005, and agreed on by consensus by the Commission, approves the
Commissions request to the independent expert to continue his mission and to report at the
sixty-second session of the Commission.
[See chap. II, sect. C, and chap. XIX, paras. 667 and 668.]

II. Resolutions and decisions adopted by the Commission
at its sixty-first session and Chairpersons statements that
the Commission agreed on by consensus at that session
A. RESOLUTIONS
2005/1. Situation in occupied Palestine
The Commission on Human Rights,
Guided by the purposes and principles of the Charter of the United Nations, in
particular the provisions of Articles 1 and 55 thereof, which affirm the right of peoples to
self-determination, and reaffirming the need for the scrupulous respect of the principle of
refraining in international relations from the threat or use of force, as specified in the Declaration
on Principles of International Law concerning Friendly Relations and Cooperation among States
in accordance with the Charter of the United Nations, adopted by the General Assembly in its
resolution 2625 (XXV) of 24 October 1970,
Guided also by the provisions of article 1 of the International Covenant on Economic,
Social and Cultural Rights and article 1 of the International Covenant on Civil and Political
Rights, which affirm that all peoples have the right to self-determination,
Guided further by the provisions of the Vienna Declaration and Programme of Action,
adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23), and in
particular Part I, paragraphs 2 and 3, relating to the right of self-determination of all peoples and
especially those subject to foreign occupation,
Recalling General Assembly resolutions 181 A and B (II) of 29 November 1947
and 194 (III) of 11 December 1948, as well as all other resolutions which confirm and define the
inalienable rights of the Palestinian people, particularly their right to self-determination,
Recalling also Security Council resolutions 242 (1967) of 22 November 1967,
338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002 and 1402 (2002) of
30 March 2002,
Recalling further its previous resolutions in this regard, the latest of which is
resolution 2004/3 of 8 April 2004,
Reaffirming the right of the Palestinian people to self-determination in accordance with
the provisions of the Charter of the United Nations, the relevant United Nations resolutions and
declarations, and the provisions of international covenants and instruments relating to the right to
self-determination as an international principle and as a right of all peoples in the world, as it is a
jus cogens in international law and a basic condition for achieving a just, lasting and
comprehensive peace in the region of the Middle East,

1. Reaffirms the inalienable, permanent and unqualified right of the Palestinian
people to self-determination, including their right to live in freedom, justice and dignity and to
establish their sovereign and independent State;
2. Reaffirms its support for the solution of two States living side by side in peace and
security, Israel and a viable, democratic, sovereign and territorially contiguous Palestine;
3. Urges all Member States and relevant bodies of the United Nations system to
support and assist the Palestinian people in the early realization of their right to
self-determination;
4. Decides to include in the provisional agenda of its sixty-second session the item
entitled The right of peoples to self-determination and its application to peoples under colonial
or alien domination or foreign occupation and to consider the situation in occupied Palestine
under that agenda item.
38th meeting
7 April 2005
[Resolution adopted by a recorded vote of 49 votes to 1, with 2 abstentions, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Canada, China, Congo, Cuba,
Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea, Honduras,
Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria,
Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, South Africa,
Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Against: United States of America.
Abstaining: Burkina Faso, Costa Rica.
See chap. V, paras. 73 to 78.]
2005/2. The use of mercenaries as a means of violating human rights and
impeding the exercise of the right of peoples to self-determination
The Commission on Human Rights,
Recalling all of its relevant resolutions, in which, inter alia, it condemned any State that
permitted or tolerated the recruitment, financing, training, assembly, transit and use of
mercenaries with the objective of overthrowing the Governments of States Members of the
United Nations, especially those of developing countries, or of fighting against national
liberation movements, and recalling also the relevant resolutions and international instruments
adopted by the General Assembly, the Security Council, the Economic and Social Council
and the Organization of African Unity, inter alia, the Convention of the Organization of
African Unity on the Elimination of Mercenarism in Africa, as well as the African Union,
Reaffirming the purposes and principles enshrined in the Charter of the United Nations
concerning the strict observance of the principles of sovereign equality, political independence,
territorial integrity of States, self-determination of peoples, the non-use of force or threat of use
of force in international relations and non-interference in affairs within the domestic jurisdiction
of States,

Reaffirming also that by virtue of the principle of self-determination, all peoples have the
right to determine freely their political status and to pursue freely their economic, social and
cultural development,
Reaffirming further the Declaration on Principles of International Law concerning
Friendly Relations and Cooperation among States in accordance with the Charter of the
United Nations,
Alarmed and concerned about the danger which the activities of mercenaries constitute to
peace and security in developing countries, particularly in Africa and in small States,
Deeply concerned about the loss of life, the substantial damage to property and the
negative effects on the policy and economies of affected countries resulting from mercenary
international criminal activities,
Extremely alarmed and concerned about recent mercenary activities in Africa and the
threat they pose to the integrity and respect of the constitutional order of these countries,
Convinced that, notwithstanding the way in which mercenaries or mercenary-related
activities are used or the form they take to acquire some semblance of legitimacy, they are a
threat to peace, security and the self-determination of peoples and an obstacle to the enjoyment
of human rights by peoples,
1. Takes note of the report of the Special Rapporteur on the use of mercenaries
as a means of impeding the exercise of the right of peoples to self-determination,
Ms. Shaista Shameem (E/CN.4/2005/14), and commends the Special Rapporteur for her
valuable work in the fulfilment of her mandate;
2. Reaffirms that the use of mercenaries and their recruitment, financing and training
are causes for grave concern to all States and violate the purposes and principles enshrined in the
Charter of the United Nations;
3. Recognizes that armed conflicts, terrorism, arms trafficking and covert operations
by third Powers, inter alia, encourage the demand for mercenaries on the global market;
4. Urges once again all States to take the necessary steps and to exercise the utmost
vigilance against the menace posed by the activities of mercenaries, and to take legislative
measures to ensure that their territories and other territories under their control, as well as their
nationals, are not used for the recruitment, assembly, financing, training and transit of
mercenaries for the planning of activities designed to impede the right to self-determination, to
overthrow the Government of any State, or dismember or impair, totally or in part, the territorial
integrity or political unity of sovereign and independent States conducting themselves in
compliance with the right to self-determination of peoples;
5. Requests all States to exercise the utmost vigilance against any kind of
recruitment, training, hiring or financing of mercenaries by private companies offering
international military consultancy and security services, as well as to impose a specific ban on
such companies intervening in armed conflicts or actions to destabilize constitutional regimes;

6. Calls upon all States that have not yet done so to consider taking the necessary
action to sign or ratify the International Convention against the Recruitment, Use, Financing and
Training of Mercenaries;
7. Welcomes the cooperation extended by those countries that received a visit by the
Special Rapporteur and the adoption by some States of national legislation that restricts the
recruitment, assembly, financing, training and transit of mercenaries;
8. Invites States to investigate the possibility of mercenary involvement whenever
and wherever criminal acts of a terrorist nature occur;
9. Condemns recent mercenary activities in Africa and the threat they pose to the
integrity and respect of the constitutional order of these countries and the exercise of the right to
self-determination of their peoples and commends the Governments of Africa on their
collaboration in thwarting these illegal actions;
10. Calls upon the international community, in accordance with its obligations under
international law, to cooperate with and assist the judicial prosecution of those accused of
mercenary activities, in transparent, open and fair trials;
11. Decides to end the mandate of the Special Rapporteur on mercenaries and to
establish a working group on the use of mercenaries as a means of violating human rights and
impeding the exercise of the right of peoples to self-determination, made up of five independent
experts, one from each regional group, for a period of three years;
12. Requests the working group to meet for five working days before the next session
of the Commission in fulfilment of the following mandate:
(a) To elaborate and present concrete proposals on possible new standards, general
guidelines or basic principles encouraging the further protection of human rights, in particular
the right of peoples to self-determination, while facing current and emergent threats posed by
mercenaries or mercenary-related activities;
(b) To seek opinions and contributions from Governments and intergovernmental and
non-governmental organizations on questions relating to its mandate;
(c) To monitor mercenaries and mercenary-related activities in all their forms and
manifestations in different parts of the world;
(d) To study and identify emerging issues, manifestations and trends regarding
mercenaries or mercenary-related activities and their impact on human rights, particularly on the
right of peoples to self-determination;
(e) To monitor and study the effects of the activities of private companies offering
military assistance, consultancy and security services on the international market on the
enjoyment of human rights, particularly the right of peoples to self-determination, and to prepare
draft international basic principles that encourage respect for human rights on the part of those
companies in their activities;

13. Also requests the working group to continue the work already done by the
previous Special Rapporteurs on the strengthening of the international legal framework for
the prevention and sanction of the recruitment, use, financing and training of mercenaries,
taking into account the proposal for a new legal definition of a mercenary drafted by the previous
Special Rapporteur, Mr. Enrique Bernales Ballesteros, in his report to the Commission at its
sixtieth session (see E/CN.4/2004/15, para. 47);
14. Further requests the working group to report annually on the progress made in the
fulfilment of its mandate to the Commission and to the General Assembly;
15. Expresses its appreciation to the United Nations High Commissioner for Human
Rights for convening the third meeting of experts on traditional and new forms of mercenary
activities as a means of violating human rights and impeding the exercise of the right of peoples
to self-determination, and takes note of the report of the meeting (E/CN.4/2005/23);
16. Requests the Office of the High Commissioner, as a matter of priority, to
publicize the adverse effects of mercenary activities on the right of peoples to self-determination
and, when requested and where necessary, to provide advisory services to States that are affected
by these activities;
17. Requests the working group to take into account, in the discharge of its mandate,
that mercenary activities are continuing to occur in many parts of the world and are taking on
new forms, manifestations and modalities, and in this regard requests its members to pay
particular attention to the impact of the activities of private companies offering military
assistance, consultancy and security services on the international market on the enjoyment of
human rights by everyone and every people and, in particular, on the exercise of the right of
peoples to self-determination;
18. Urges all States to cooperate fully with the working group in the fulfilment of its
mandate;
19. Requests the High Commissioner to provide the working group with all the
necessary assistance and support for the fulfilment of its mandate, including through the
promotion of cooperation between the working group and other components of the
United Nations system that deal with countering mercenary-related activities;
20. Requests the working group to consult States and intergovernmental and
non-governmental organizations in the implementation of the present resolution and, in its report
to the Commission at its sixty-second session, to report its findings on the use of mercenaries to
undermine the enjoyment of human rights and to impede the exercise of the right of peoples to
self-determination and to formulate specific recommendations thereon;
21. Decides to consider at its sixty-second session the question of the use of
mercenaries as a means of violating human rights and impeding the exercise of the right of
peoples to self-determination under the same agenda item;

22. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 1.]
38th meeting
7 April 2005
[Resolution adopted by a recorded vote of 35 votes to 15, with 2 abstentions.
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Ethiopia, Gabon, Guatemala, Guinea, India, Indonesia, Kenya, Malaysia,
Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation, South Africa, Sri Lanka,
Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of
America.
Abstaining: Honduras, Saudi Arabia.
See chap. V, paras. 79 to 84.]
2005/3. Combating defamation of religions
The Commission on Human Rights,
Recalling that all States have pledged themselves, under the Charter of the
United Nations, to promote and encourage universal respect for and observance of human rights
and fundamental freedoms for all without distinction as to race, sex, language or religion,
Recalling also its resolutions 1999/82 of 30 April 1999, 2000/84 of 26 April 2000,
2001/4 of 18 April 2001, 2002/9 of 15 April 2002, 2003/4 of 14 April 2003 and 2004/6
of 13 April 2004,
Recalling further the United Nations Millennium Declaration adopted by the
General Assembly on 8 September 2000, welcoming the resolve expressed in the Declaration to
take measures to eliminate the increasing acts of racism and xenophobia in many societies and to
promote greater harmony and tolerance in all societies, and looking forward to its effective
implementation at all levels, including in the context of the Durban Declaration and Programme
of Action, adopted in September 2001 by the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance (A/CONF.189/12 and Corr.1),
Welcoming the proclamation by the General Assembly in its resolution 56/6
of 9 November 2001 of the Global Agenda for Dialogue among Civilizations and inviting States,
the organizations and bodies of the United Nations system, within existing resources, other
international and regional organizations and civil societies to contribute to the implementation of
the Programme of Action contained in that resolution,

Welcoming also the progress achieved in the follow-up to the Durban Declaration and
Programme of Action,
Noting with regret the cancellation of the meeting entitled Civilization and Harmony:
Values and Mechanisms of the Global Order, which was to be held in Turkey in 2004 as a
follow-up to the Organization of the Islamic Conference-European Union Joint Forum held in
Istanbul in February 2002, underscoring that such initiatives to deepen dialogue and reinforce
understanding among the two biggest groups of nations of Eurasia and Africa will be continued,
Reaffirming that discrimination against human beings on the grounds of religion or belief
constitutes an affront to human dignity and a disavowal of the principles of the Charter of the
United Nations,
Convinced that religious and cultural diversity in a globalizing world needs to be used as
a vehicle for creativity, dynamism and promoting social justice, tolerance and understanding as
well as international peace and security, and not as a rationale for a new ideological and political
confrontation,
Recognizing the valuable contributions of all religions to modern civilization and the
contribution that dialogue among civilizations can make to an improved awareness and
understanding of the common values shared by all humankind,
Reaffirming that cultural diversity is a cherished asset for the advancement and welfare of
humanity at large and should be valued, enjoyed, genuinely accepted and embraced as a
permanent feature that enriches our societies,
Emphasizing that States, non-governmental organizations, religious bodies and the media
have an important role to play in promoting tolerance and freedom of religion and belief through
education that teaches tolerance and respect for religion and belief,
Alarmed at the continuing negative impact of the events of 11 September 2001 on
Muslim minorities and communities in some non-Muslim countries and the negative projection
of Islam in the media, and the introduction and enforcement of laws that specifically discriminate
against and target Muslims,
Alarmed also at the serious instances of intolerance, discrimination and acts of violence
based on religion or belief, intimidation and coercion motivated by extremism, religious or
otherwise, occurring in many parts of the world and threatening the enjoyment of human rights
and fundamental freedoms,
Noting with concern that defamation of religions is among the causes of social
disharmony and leads to violations of human rights,
Noting with deep concern the increasing trend in recent years of statements attacking
religions, Islam and Muslims in particular, especially in human rights forums,
1. Expresses deep concern at negative stereotyping of religions and manifestations
of intolerance and discrimination in matters of religion or belief still in evidence in some regions
of the world;

2. Strongly deplores physical attacks and assaults on businesses, cultural centres and
places of worship of all religions as well as targeting of religious symbols;
3. Notes with deep concern the intensification of the campaign of defamation of
religions, and the ethnic and religious profiling of Muslim minorities, in the aftermath of the
tragic events of 11 September 2001;
4. Expresses deep concern that Islam is frequently and wrongly associated with
human rights violations and terrorism;
5. Also expresses deep concern at programmes and agendas pursued by extremist
organizations and groups aimed at the defamation of religions, in particular when supported by
Governments;
6. Deplores the use of the print, audio-visual and electronic media, including the
Internet, and any other means to incite acts of violence, xenophobia or related intolerance and
discrimination towards Islam or any other religion;
7. Recognizes that in the context of the fight against terrorism and the reaction to
counter-terrorism measures, defamation of religions becomes an aggravating factor that
contributes to the denial of fundamental rights and freedoms of target groups, as well as their
economic and social exclusion;
8. Stresses the need to combat effectively defamation of all religions, Islam and
Muslims in particular, especially in human rights forums;
9. Urges States to take resolute action to prohibit the dissemination through political
institutions and organizations of racist and xenophobic ideas and material aimed at any religion
or its followers that constitute incitement to discrimination, hostility or violence;
10. Also urges States to provide, within their respective legal and constitutional
systems, adequate protection against acts of hatred, discrimination, intimidation and coercion
resulting from defamation of religions, to take all possible measures to promote tolerance and
respect for all religions and their value systems, and to complement legal systems with
intellectual and moral strategies to combat religious hatred and intolerance;
11. Further urges all States to ensure that all public officials, including members of
law enforcement bodies, the military, civil servants and educators, in the course of their official
duties, respect different religions and beliefs and do not discriminate on the grounds of religion
or belief, and that necessary and appropriate education or training is provided;
12. Underscores the need to combat defamation of religions by strategizing and
harmonizing actions at local, national, regional and international levels through education and
awareness-raising;
13. Urges States to ensure equal access to education for all, in law and in practice,
including access to free primary education for all children, both girls and boys, and access for
adults to lifelong learning and education based on respect for human rights, diversity and
tolerance without discrimination of any kind, and to refrain from any legal or other measures
leading to the imposition of racial segregation in access to schooling;

14. Calls upon the international community to initiate a global dialogue to promote a
culture of tolerance and peace based on respect for human rights and religious diversity and
urges States, non-governmental organizations, religious bodies and the print and electronic
media to support and promote such a dialogue;
15. Calls upon the United Nations High Commissioner for Human Rights
to promote and include human rights aspects in the dialogue among civilizations, inter alia
through:
(a) Integrating them into topical seminars and special debates on the positive
contributions of cultures, as well as religious and cultural diversity, including through
educational programmes, particularly the World Programme for Human Rights Education
proclaimed by the General Assembly in its resolution 59/113 of 10 December 2004;
(b) Collaboration by the Office of the High Commissioner with other relevant
international organizations in holding joint conferences designed to encourage this dialogue and
promote understanding of the universality of human rights and their implementation at various
levels;
16. Requests the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance to continue to examine the situation of
Muslims and Arab peoples in various parts of the world, the discrimination faced by them with
regard to access to justice, political participation, respect of cultures, physical assaults and
attacks against their places of worship, cultural centres, businesses and properties in the
aftermath of the events of 11 September 2001 and to report on his findings to the Commission at
its sixty-second session, and to make recommendations to improve their situation;
17. Requests the High Commissioner to report to the Commission at its
sixty-second session on the implementation of the present resolution;
18. Decides to consider this matter at its sixty-second session, under the same
agenda item.
44th meeting
12 April 2005
[Resolution adopted by a recorded vote of 31 to 16, with 5 abstentions, as follows:
In favour: Argentina, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba, Ecuador,
Egypt, Eritrea, Ethiopia, Guinea, Indonesia, Kenya, Malaysia, Mauritania, Mexico, Nepal, Nigeria,
Pakistan, Paraguay, Qatar, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo,
Zimbabwe.
Against: Australia, Canada, Dominican Republic, Finland, France, Germany, Guatemala, Hungary,
Ireland, Italy, Japan, Netherlands, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Armenia, Honduras, India, Peru, Republic of Korea.
See chap. VI, paras. 90 to 93.]

2005/4. The right to development
The Commission on Human Rights,
Recalling the Declaration on the Right to Development adopted by the General Assembly
in its resolution 41/128 of 4 December 1986, which confirmed the right to development as an
inalienable human right and that equality of opportunity for development is a prerogative both of
nations and of individuals who make up nations, and the individual as the central subject and
beneficiary of development,
Stressing that in General Assembly resolution 48/141 of 20 December 1993, the
Assembly decided that the responsibility of the United Nations High Commissioner for Human
Rights, among others, shall be to promote and protect the realization of the right to development
and to enhance support from relevant bodies of the United Nations system for this purpose,
Recalling all its previous resolutions on the right to development, in particular
resolution 1998/72 of 22 April 1998 in which it referred to the urgent need to make further
progress towards the realization of the right to development as set out in the Declaration,
Recognizing that the open-ended working group established to monitor and review
progress made in the promotion and implementation of the right to development is the only
global forum mandated to monitor and review progress made in the promotion and
implementation of this right at the national and international levels, providing recommendations
thereon and further analysing obstacles to its full enjoyment,
Recognizing also the valuable contribution made by the independent expert on the right
to development through his series of reports to the Working Group on the Right to Development
which provide valuable input for the implementation of the right to development,
Reaffirming the agreed conclusions of the third session of the Working Group
(see E/CN.4/2002/28/Rev.1) and the need for their follow-up and effective implementation,
Reaffirming also the agreed conclusions and recommendations adopted by consensus by
the Working Group at its fifth session (E/CN.4/2004/23 and Corr.1, paras. 41-51),
Welcoming the establishment of the high-level task force on the implementation of the
right to development established within the framework of the Working Group with the objective
of assisting the Working Group in fulfilling its mandate as contained in paragraph 10 (a) of
Commission resolution 1998/72 comprising five experts with practical experience related to the
implementation of the right to development, and high-level representatives of United Nations
agencies, funds and programmes, multilateral financial and development institutions and the
World Trade Organization,
Recognizing the broad participation by States, international organizations and
non-governmental organizations at the sixth session of the Working Group on the Right to
Development and welcoming their active participation in enhancing the realization of the
Declaration on the Right to Development as well as the adoption by consensus of the
Working Groups conclusions and recommendations (E/CN.4/2005/25, paras. 32-58),

Taking note of the report of the United Nations High Commissioner for Human Rights
(E/CN.4/2005/24),
1. Recognizes the importance of maintaining political will and commitment on the
part of all members of the Working Group on the Right to Development and welcomes their
ongoing cooperation towards the realization of its mandate;
2. Welcomes the convening of the first meeting of the high-level task force on the
implementation of the right to development from 13 to 17 December 2004 and expresses its
appreciation to the task force for the work it has undertaken;
3. Also welcomes the active participation of all members of the task force, including
the five regional experts and the representatives of the United Nations Development Programme,
the United Nations Childrens Fund, the United Nations Conference on Trade and Development,
the International Monetary Fund, the World Bank and the World Trade Organization;
4. Endorses the conclusions and recommendations adopted by the Working Group
on the Right to Development at its sixth session as reflected in its report and calls for their
immediate, full and effective implementation;
5. Notes with appreciation that the task force, at its next meeting, will examine
Millennium Development Goal 8 on a global partnership for development and suggest criteria
for its periodic evaluation with the aim of improving the effectiveness of global partnership with
regard to the realization of the right to development;
6. Requests the Office of the High Commissioner f to provide all necessary
administrative support and financial and human resources to the task force on the
implementation of the right to development;
7. Notes with concern that the Sub-Commission on the Promotion and Protection
of Human Rights has not submitted the concept document requested by the Commission in
its resolution 2003/83 of 25 April 2003 establishing options for the implementation of the right
to development and their feasibility, inter alia an international legal standard of a binding nature,
guidelines on the implementation of the right to development and principles for development
partnership, based on the Declaration on the Right to Development, including issues which any
such instrument might address, for consideration and determination of the feasibility of these
options, and requests the Sub-Commission, without further delay, to submit the concept
document at the sixty-second session of the Commission;
8. Takes note of decision 2004/104 of 9 August 2004 of the Sub-Commission on the
Promotion and Protection of Human Rights relating to the right to development;
9. Requests the Office of the High Commissioner to continue to provide all
necessary administrative support and financial and human resources to the Sub-Commission in
its work on the concept document;

10. Requests the High Commissioner, in mainstreaming the right to development, to
undertake effectively activities aimed at strengthening the global partnership for development
between Member States, development agencies and the international development, financial and
trade institutions, and to reflect these activities in detail in her report to the Commission at its
sixty-second session;
11. Decides to renew the mandate of the Working Group on the Right to
Development for one year and to convene its seventh session before the sixty-second session
of the Commission for a period of ten working days, five of which shall be allocated to the
second meeting of the task force to be held well in advance of the session of the Working Group;
12. Also decides to review the progress of the implementation of the present
resolution as a matter of priority at its sixty-second session;
13. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 2.]
44th meeting
12 April 2005
[Resolution adopted by a recorded vote of 48 to 2, with 2 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Germany, Guatemala, Guinea, Honduras,
Hungary, India, Indonesia, Ireland, Italy, Kenya, Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria,
Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, South Africa,
Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Against: Australia, United States of America.
Abstaining: Canada, Japan.
See chap. VII, paras. 114 to 119.]
2005/5. Inadmissibility of certain practices that contribute to fuelling
contemporary forms of racism, racial discrimination, xenophobia
and related intolerance
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination and other relevant human rights instruments,
Recalling the provisions of its resolution 2004/16 of 16 April 2004,
Recalling also the Charter of the Nürnberg Tribunal and the Judgement of the Tribunal,
including all the provisions of the Judgement related to the SS organization and all its integral
parts, including the Waffen SS,

Recalling further the relevant provisions of the Durban Declaration and Programme of
Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance on 8 September 2001 (A/CONF.189/12 and Corr.1), in particular
paragraph 2 of the Declaration and paragraph 86 of the Programme of Action,
Recalling the study undertaken by the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance (E/CN.4/2004/61) and taking
note of his report (E/CN.4/2005/18, Add.1 and Add.1/Corr.1 and Add.2-6),
Alarmed, in this regard, at the spread in many parts of the world of various extremist
political parties, movements and groups, including neo-Nazis and skinhead groups,
1. Reaffirms the provision of the Durban Declaration, in which States condemned
the persistence and resurgence of neo-Nazism, neo-Fascism and violent nationalist prejudice and
stated that these phenomena could never be justified in any instance or in any circumstances;
2. Expresses deep concern over the fact of the glorification of the Nazi movement,
including through erecting monuments and memorials as well as holding public demonstrations
in the name of glorification of the Nazi past, the Nazi movement and neo-Nazism;
3. Stresses that the practices described above do injustice to the memory of the
countless victims of crimes against humanity committed in the Second World War, especially
those committed by the SS organization, and poison the minds of young people, in particular in
the year of the sixtieth anniversary of victory in the Second World War and the liberation of
Auschwitz and other concentration camps, and that these practices may be incompatible with the
obligations of States Members of the United Nations under its Charter and are incompatible with
the goals and principles of the Organization;
4. Also stresses that such practices fuel contemporary forms of racism, racial
discrimination, xenophobia and related intolerance and contribute to the spread and
multiplication of various extremist political parties, movements and groups, including neo-Nazis
and skinhead groups;
5. Notes with concern the increase in the number of racist incidents in several
countries and the rise of skinhead groups, which have been responsible for many of these
incidents, as noted by the Special Rapporteur;
6. Emphasizes the need to take the necessary measures to put an end to the practices
described above and calls upon States to take more effective measures to combat these
phenomena and the extremist movements, which pose a real threat to democratic values;
7. Requests the Special Rapporteur to continue to reflect on this issue and to make
relevant recommendations in his report to the Commission at its sixty-second session, to seek
and to take into account in this regard the views of Governments as well as non-governmental
organizations;
8. Invites Governments as well as non-governmental organizations to cooperate fully
with the Special Rapporteur in the exercise of the aforementioned task;

9. Decides to consider this issue at its sixty-second session under the same
agenda item.
49th meeting
14 April 2005
[Resolution adopted by a recorded vote of 46 to none, with 4 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea, Honduras,
Hungary, India, Indonesia, Ireland, Italy, Kenya, Malaysia, Mexico, Nepal, Netherlands, Nigeria, Pakistan,
Paraguay, Peru, Qatar, Romania, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland,
Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Against: None.
Abstaining: Australia, Canada, Japan, United States of America.
See chap. VI, paras. 94 to 98.]
2005/6. Israeli settlements in the Occupied Palestinian Territory, including
East Jerusalem, and the occupied Syrian Golan
The Commission on Human Rights,
Guided by the principles of the Charter of the United Nations, and affirming the
inadmissibility of the acquisition of territory by force,
Reaffirming that all States have an obligation to promote and protect human rights and
fundamental freedoms, as stated in the Charter of the United Nations and as elaborated in the
Universal Declaration of Human Rights, the International Covenants on Human Rights and other
applicable instruments,
Recalling relevant resolutions of the Commission, the Security Council and the
General Assembly, most recently General Assembly resolution 59/123 of 10 December 2004
in which it reaffirmed, inter alia, the illegality of the Israeli settlements in the occupied
territories,
Mindful that Israel is a party to the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, which is applicable de jure to Palestinian
and all Arab territories occupied by Israel since 1967, including East Jerusalem and the
Syrian Golan, and recalling the declaration adopted by the Conference of High Contracting
Parties to the Fourth Geneva Convention, held in Geneva on 5 December 2001,
Considering that the transfer by the occupying Power of parts of its own civilian
population into the territory it occupies constitutes a breach of the Fourth Geneva Convention
and relevant provisions of customary law, including those codified in Additional Protocol I to the
Geneva Conventions of 12 August 1949,

Noting the advisory opinion rendered on 9 July 2004 by the International Court of Justice
on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
(see A/ES-10/273 and Corr.1), and its conclusion that the Israeli settlements in the Occupied
Palestinian Territory (including East Jerusalem) have been established in breach of international
law,
Taking note of General Assembly resolution ES-10/15 of 20 July 2004,
Recalling its attachment to the implementation by both parties of their obligations under
the Quartet* road map to a permanent two-State solution to the Israeli-Palestinian conflict
(S/2003/529, annex), which was endorsed by the Security Council in resolution 1515 (2003)
of 19 November 2003, and noting in particular the road maps call for a freeze on all settlement
activity,
Expressing its concern that continuing Israeli settlement activity undermines the
realization of a two-State solution,
Noting the potential of the announced withdrawals by Israel, the occupying Power, from
the Gaza Strip and from certain parts of the northern West Bank, which can represent a step
towards the implementation of the Quartet road map and a two-State solution, provided that they
take place within the context of the road map and that they should not involve transfer of
settlement activity to the West Bank, that there should be an organized and negotiated handover
of responsibility to the Palestinian Authority and that Israel should facilitate the rehabilitation
and reconstruction of the Gaza Strip,
Expressing grave concern about the continuing construction, contrary to international
law, by Israel of the wall inside the Occupied Palestinian Territory, including in and around
East Jerusalem, and expressing its concern in particular about the route of the wall in departure
from the Armistice Line of 1949, which could prejudge future negotiations and make the
two-State solution physically impossible to implement and which is causing the Palestinian
people further humanitarian hardship,
Deeply concerned that the walls route has been traced in such a way as to include the
great majority of the Israeli settlements in the Occupied Palestinian Territory, including
East Jerusalem,
Expressing its concern at the failure of the Government of Israel to cooperate fully with
the relevant United Nations mechanisms, in particular the Special Rapporteur on the situation of
human rights in the Palestinian territories occupied since 1967,
1. Welcomes the report of the Special Rapporteur on the situation of human rights in
the Palestinian territories occupied since 1967 (E/CN.4/2005/29 and Add.1) and calls upon the
Government of Israel to cooperate with the Special Rapporteur to allow him fully to discharge
his mandate;
* The United States of America, the Russian Federation, the European Union and the United Nations.

2. Welcomes the understandings by both parties at the summit held in
Sharm El Sheikh, Egypt, on 8 February 2005, to stop all acts of violence as well as the positive
steps taken by them in fulfilment of these understandings and urges them to enhance a new spirit
of cooperation and to promote an atmosphere conducive to the establishment of peace and
coexistence;
3. Expresses its grave concern at:
(a) The continuing Israeli settlement and related activities, in violation of
international law, including the expansion of settlements, the expropriation of land, the
demolition of houses, the confiscation and destruction of property, the expulsion of Palestinians
and the construction of bypass roads, which change the physical character and demographic
composition of the occupied territories, including East Jerusalem and the Syrian Golan, and
constitute a violation of the Geneva Convention relative to the Protection of Civilian Persons in
Time of War, and in particular article 49 of that Convention; settlements are a major obstacle to
the establishment of a just and comprehensive peace and to the creation of an independent,
viable, sovereign and democratic Palestinian State;
(b) The new construction plan by the Government of Israel announced
on 21 March 2005 for a project of 3,500 additional housing units in Maale Adumim and the
planned expansion of two other settlement blocks in the West Bank, and deplores the negative
impact of these plans on the confidence between the two parties at a time when a genuine
window of opportunity exists to relaunch the peace process, as the continuation of settlement
activities by Israel, the occupying Power, would be a violation of international humanitarian
law, the relevant United Nations resolutions and Israeli commitments in the context of the
road map;
(c) The continued closures of and within the Occupied Palestinian Territory and the
restriction of the freedom of movement of people and goods, including the extensive curfews
imposed for long periods of time, which do not contribute to restoring confidence and
reinforcing the ongoing dialogue between the two parties, and have caused an extremely
precarious humanitarian situation for the civilian population as well as impaired the economic
and social rights of the Palestinian people;
(d) The continued construction, contrary to international law, of the wall inside the
Occupied Palestinian Territory, including in and around East Jerusalem;
4. Takes note with satisfaction of the resumption of the dialogue between the parties
and the steps forward taken, and urges the Government of Israel:
(a) To reverse the settlement policy in the occupied territories, including
East Jerusalem and the Syrian Golan and, as a first step towards their dismantlement, to stop
immediately the expansion of the existing settlements, including natural growth and related
activities;
(b) To prevent any new installation of settlers in the occupied territories;

5. Demands that Israel implement the recommendations regarding the settlements
made by the then United Nations High Commissioner for Human Rights in her report to the
Commission at its fifty-seventh session on her visit to the occupied Palestinian territories, Israel,
Egypt and Jordan (E/CN.4/2001/114);
6. Calls upon Israel to take and implement serious measures, including confiscation
of arms and enforcement of criminal sanctions, with the aim of preventing acts of violence
by Israeli settlers, and other measures to guarantee the safety and protection of the Palestinian
civilians and Palestinian properties in the Occupied Palestinian Territory, including
East Jerusalem;
7. Demands that Israel, the occupying Power, comply fully with its legal obligations,
as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of
Justice;
8. Urges the parties to seize the opportunity offered by the current political context
to give renewed impetus to the peace process and to implement fully the road map endorsed by
the Security Council in resolution 1515 (2003), with the aim of reaching a comprehensive
political settlement in accordance with the resolutions of the Council, including
resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, and other
relevant United Nations resolutions, the principles of the Peace Conference on the Middle East,
held in Madrid on 30 October 1991, the Oslo Accords and subsequent agreements, which will
allow two States, Israel and Palestine, to live in peace and security;
9. Decides to continue its consideration of this question at its sixty-second session.
49th meeting
14 April 2005
[Resolution adopted by a recorded vote of 39 votes to 2, with 12 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Ecuador, Egypt,
Eritrea, Ethiopia, Finland, France, Gabon, Guinea, India, Indonesia, Ireland, Japan, Kenya, Malaysia, Mauritania,
Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Russian Federation, Saudi Arabia,
South Africa, Sri Lanka, Sudan, Swaziland, Ukraine, Zimbabwe.
Against: Australia, United States of America.
Abstaining: Canada, Costa Rica, Dominican Republic, Germany, Guatemala, Honduras, Hungary, Italy,
Netherlands, Romania, Togo, United Kingdom of Great Britain and Northern Ireland.
See chap. VIII, paras. 125 to 130.]
2005/7. Israeli practices affecting the human rights of the Palestinian people
in the Occupied Palestinian Territory, including East Jerusalem
The Commission on Human Rights,
Recalling the applicability of the Geneva Convention relative to the Protection of Civil
Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including
East Jerusalem, and the relevant resolutions of the Security Council and the Commission on
Human Rights,

Taking note of the recent reports of the Special Rapporteur of the Commission on the
situation of human rights in the Palestinian territories occupied by Israel since 1967 (A/59/256
and E/CN.4/2005/29 and Add.1),
Expressing grave concern about the extrajudicial executions and the use of force by
Israel against the Palestinian civil population, inflicting heavy casualties, and the continued
targeting of schoolchildren, which led to loss of lives and fatal injuries,
Condemning the denial by Israel of access to hospitals for Palestinian pregnant women,
which forces them to give birth at checkpoints under hostile, inhumane and humiliating
conditions,
Asserting that the punitive measures imposed by Israel, the occupying Power, on the
Palestinian civil population, including collective punishment, border closures and severe
restrictions on the movement of people and goods, arbitrary arrests and detentions, destruction
of homes and vital infrastructure, including religious, educational, cultural and historical sites,
led to a steep deterioration in the socio-economic conditions, perpetuating a dire humanitarian
crisis throughout the Occupied Palestinian Territory, including East Jerusalem, and affirming
that these punitive measures violate the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights,
Noting the advisory opinion rendered on 9 July 2004 by the International Court of Justice
(see A/ES-10/273 and Corr.1) and General Assembly resolution ES-10/15 of 20 July 2004, and
reaffirming the principle of the inadmissibility of the acquisition of territory by force,
Noting in particular the Courts reply, especially that the construction of the wall being
built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and
around East Jerusalem, and its associated regime, are contrary to international law,
Welcoming the decision of the Secretary-General to establish a register of damage caused
by the construction of the wall and its associated regime in the Occupied Palestinian Territory,
including East Jerusalem,
Condemning the continued systematic violations of the human rights of the Palestinian
people by Israel, the occupying Power, arising from the settlements, the construction of the wall
inside the Occupied Palestinian Territory in departure from the Armistice Line of 1949, the
destruction of property and all other actions designed to change the legal status, geographical
nature and demographic composition of the Occupied Palestinian Territory, including
East Jerusalem,
Welcoming the recent free and democratic Palestinian presidential election in the
Occupied Palestinian Territory, including East Jerusalem,
Affirming that the obstructive measures taken by Israel, the occupying Power, in the
Occupied Palestinian Territory, including East Jerusalem, during the Palestinian presidential
campaign and election, including arbitrary arrest, detention of candidates and denying access to
polling stations, constitute a breach of the principles and provisions of international covenants
and instruments related to the right to self-determination (see Articles 1 and 55 of the Charter of
the United Nations; art. 1 of the International Covenant on Civil and Political Rights and art. 1 of

the International Covenant on Economic, Social and Political Rights; General Assembly
resolutions 181 A and B (II) of 29 November 1947 and 194 (III) of 11 December 1948;
Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973,
1397 (2002) of 12 March 2002 and 1402 (2002) of 30 March 2002; Commission
resolution 2003/3 of 14 April 2003 and paras. 2 and 3 of Part I of the Vienna Declaration and
Programme of Action, adopted in June 1993 by the World Conference on Human Rights
(A/CONF.157/23),
Expressing deep concern that thousands of Palestinians, including children, continue to
be held in Israeli prisons and detention centres under harsh conditions impairing their well-being,
and also expressing deep concern about their ill-treatment, harassment and reports of torture,
Aware of the responsibility of the international community to promote human rights and
ensure respect for international law,
Stressing the need for full compliance with the Israeli-Palestinian agreements reached
within the context of the Middle East peace process and the implementation of the Quartet road
map to a permanent two-State solution to the Israeli-Palestinian conflict,
Also stressing the necessity for the full implementation of all relevant United Nations
resolutions,
1. Reiterates that all actions and punitive measures taken by Israel, the occupying
Power, in the Occupied Palestinian Territory, including East Jerusalem, in violation of the
relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons
in Time of War, and contrary to the relevant resolutions of the Security Council, are illegal and
have no validity, and thereby demands that Israel, the occupying Power, comply fully with its
provisions and cease immediately all measures and actions taken in violation and in breach of the
Convention, including extrajudicial executions;
2. Condemns the use of force by the Israeli occupying forces against Palestinian
civilians, resulting in extensive loss of life, vast numbers of injuries and massive destruction of
homes, properties, agricultural lands and vital infrastructure;
3. Urges all Member States signatories to the Fourth Geneva Convention to express
the inadmissibility of the ongoing violation of the rights of Palestinian civilians, especially
women and children, stipulated in these instruments, and to demand their effective observance
by Israel, the occupying Power;
4. Requests the United Nations High Commissioner for Human Rights to address the
issue of Palestinian pregnant women giving birth at Israeli checkpoints owing to denial of access
by Israel to hospitals, with a view to ending this inhumane Israeli practice, and to report thereon
to the General Assembly at its sixtieth session and the Commission at its sixty-second session;
5. Calls upon Member States to take the necessary measures that fulfil their
obligations under the instruments of international human rights law and international
humanitarian law to ensure that Israel ceases killing, targeting, arresting and harassing
Palestinians, particularly women and children;

6. Requests the High Commissioner to demand, in accordance with her mandate, the
immediate release of the Palestinian detainees, including women, children and the sick, and the
investigation of reported cases of torture, harassment or ill-treatment and the bringing to justice
of Israeli officers involved in the abuse of detainees;
7. Requests Israel, the occupying Power, to facilitate the forthcoming Palestinian
legislative elections in the Occupied Palestinian Territory, including East Jerusalem, and
demands that it refrain from all acts that interfere in, obstruct or impede these elections;
8. Demands that Israel, the occupying Power, comply with its legal obligations
under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the
International Court of Justice and as demanded in General Assembly resolutions ES-10/15 and
ES-10/13 of 21 October 2003, and that it cease the construction of the wall in the Occupied
Palestinian Territory, including in and around East Jerusalem, dismantle forthwith the structure
situated therein, repeal or render ineffective all legislative and regulatory acts relating thereto,
and make reparation for all damage caused by the construction of the wall;
9. Calls for the boycott of firms involved in the construction of the wall in the
Occupied Palestinian Territory, including in and around East Jerusalem;
10. Stresses the need to preserve the territorial integrity of all the Occupied
Palestinian Territory and to guarantee the freedom of movement of persons and goods within
the Palestinian territory, including the removal of restrictions on movement into and from
East Jerusalem, and the freedom of movement to and from the outside world as a sine qua non
for resolving the humanitarian crisis throughout the Occupied Palestinian Territory, restoring the
livelihoods of the Palestinian people and rebuilding their ravaged institutions and economy;
11. Requests the Special Rapporteur on the situation of human rights in
the Palestinian territories occupied since 1967 to report to the General Assembly at its
sixtieth session and to the Commission at its sixty-second session, in compliance with his
mandate;
12. Decides to continue its consideration of this question at its sixty-second session.
49th meeting
14 April 2005
[Resolution adopted by a recorded vote of 29 votes to 10, with 14 abstentions, as follows:
In favour: Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Ecuador, Egypt, Eritrea, Gabon,
Guinea, India, Indonesia, Kenya, Malaysia, Mauritania, Nepal, Nigeria, Pakistan, Qatar, Republic of Korea,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, Canada, Germany, Honduras, Hungary, Italy, Netherlands, Romania, United Kingdom
of Great Britain and Northern Ireland, United States of America.
Abstaining: Argentina, Costa Rica, Dominican Republic, Ethiopia, Finland, France, Guatemala, Ireland,
Japan, Mexico, Paraguay, Peru, Russian Federation, Ukraine.
See chap. VIII, paras. 131 to 135.]

2005/8. Human rights in the occupied Syrian Golan
The Commission on Human Rights,
Deeply concerned at the suffering of the Syrian citizens in the occupied Syrian Golan
due to the violation of their fundamental and human rights since the Israeli military occupation
of 1967,
Recalling Security Council resolution 497 (1981) of 17 December 1981,
Recalling also all relevant General Assembly resolutions, including the latest,
resolution 59/33 of 1 December 2004, in which the Assembly declared that Israel had failed to
comply with Security Council resolution 497 (1981) and demanded that Israel withdraw from all
the occupied Syrian Golan,
Reaffirming once more the illegality of Israels decision of 14 December 1981 to impose
its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the
effective annexation of that Syrian territory,
Reaffirming the principle of non-acquisition of territory by force in accordance with the
Charter of the United Nations, the principles of international law and Security Council
resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973,
Taking note with deep concern of the report of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the
Occupied Territories (see A/59/381) and, in this connection, deploring the Israeli settlement in
the occupied Arab territories, including in the occupied Syrian Golan, and regretting Israels
constant refusal to cooperate with and to receive the Special Committee,
Guided by the relevant provisions of the Charter, international law and the
Universal Declaration of Human Rights, and reaffirming the applicability of the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
and the relevant provisions of the Hague Conventions of 1899 and 1907 to the occupied
Syrian Golan,
Reaffirming the importance of the peace process which started in Madrid on the
basis of Security Council resolutions 242 (1967) and 338 (1973) and the principle of land for
peace, and expressing its grave concern over the halt in the peace process in the Middle East, and
its hope that peace talks will be resumed on the basis of the full implementation of Council
resolutions 242 (1967) and 338 (1973) for the establishment of a just and comprehensive peace
in the region,
Reaffirming also its previous relevant resolutions, the most recent being
resolution 2004/8 of 15 April 2004,
1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions
of the General Assembly and of the Security Council, in particular resolution 497 (1981), in

which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and
administration on the occupied Syrian Golan is null and void and without international legal
effect, and demanded that Israel should rescind forthwith its decision;
2. Also calls upon Israel to desist from changing the physical character,
demographic composition, institutional structure and legal status of the occupied Syrian Golan,
and emphasizes that the displaced persons of the population of the occupied Syrian Golan must
be allowed to return to their homes and to recover their properties;
3. Further calls upon Israel, the occupying Power, to desist from imposing Israeli
citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, to
release all detained citizens in the occupied Syrian Golan, to desist from its repressive measures
against them and from all other practices mentioned in the report of the Special Committee to
Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other
Arabs of the Occupied Territories;
4. Determines that all legislative and administrative measures and actions taken or to
be taken by Israel, the occupying Power, that purport to alter the character and legal status of the
occupied Syrian Golan are null and void, constitute a flagrant violation of international law and
of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and have
no legal effect;
5. Calls once again upon Member States not to recognize any of the legislative or
administrative measures and actions referred to above;
6. Requests the Secretary-General to bring the present resolution to the attention
of all Governments, the competent United Nations organs, the specialized agencies,
regional intergovernmental organizations and international humanitarian organizations and
to give it the widest possible publicity, and to report to the Commission at its sixty-second
session;
7. Decides to include in the provisional agenda of its sixty-second session, as a
matter of high priority, the item entitled Question of the violation of human rights in the
occupied Arab territories, including Palestine.
49th meeting
14 April 2005
[Resolution adopted by a recorded vote of 32 votes to 2, with 19 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Ecuador,
Egypt, Eritrea, Gabon, Guinea, India, Indonesia, Kenya, Malaysia, Mauritania, Mexico, Nepal, Nigeria,
Pakistan, Paraguay, Qatar, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo,
Zimbabwe.
Against: Australia, United States of America.
Abstaining: Canada, Costa Rica, Dominican Republic, Ethiopia, Finland, France, Germany, Guatemala,
Honduras, Hungary, Ireland, Italy, Japan, Netherlands, Peru, Republic of Korea, Romania, Ukraine,
United Kingdom of Great Britain and Northern Ireland.
See chap. VIII, paras. 136 to 140.]

2005/9. Cooperation with representatives of United Nations human rights bodies
The Commission on Human Rights,
Reiterating its concern at the continued reports of intimidation and reprisals against
private individuals and groups who seek to cooperate with the United Nations and
representatives of its human rights bodies,
Deeply concerned at the continued seriousness of such reported reprisals and that victims
suffer violations of the most fundamental human rights, including the right to life, liberty and
security of person, as well as the right to freedom from torture and cruel, inhuman or degrading
treatment,
Also concerned at reports about incidents in which private individuals have been
hampered in their efforts to avail themselves of procedures established under United Nations
auspices for the protection of human rights and fundamental freedoms,
Recalling its resolution 2004/15 of 15 April 2004 and taking note with interest of the
report of the Secretary-General on the question (E/CN.4/2005/31 and Add.1),
1. Urges Governments to refrain from all acts of intimidation or reprisal against:
(a) Those who seek to cooperate or have cooperated with representatives of
United Nations human rights bodies, or who have provided testimony or information to them;
(b) Those who avail or have availed themselves of procedures established under
United Nations auspices for the protection of human rights and fundamental freedoms and all
those who have provided legal assistance to them for this purpose;
(c) Those who submit or have submitted communications under procedures
established by human rights instruments;
(d) Those who are relatives of victims of human rights violations;
2. Condemns all acts of intimidation or reprisal by Governments against private
individuals and groups who seek to cooperate with the United Nations and representatives of
human rights bodies;
3. Calls upon States to ensure adequate protection from intimidation, violence and
persecution for individuals and members of groups who seek to cooperate with the
United Nations and representatives of its human rights bodies, and reaffirms the duty of all
States to end impunity for such actions by bringing the perpetrators, including accomplices, to
justice in accordance with international standards and providing an effective remedy for their
victims;
4. Requests all representatives of United Nations human rights bodies, as well as
treaty bodies monitoring the observance of human rights, to continue to take urgent steps, in
conformity with their mandates, to help prevent the occurrence of such intimidation and reprisals
and the hampering of access to United Nations human rights procedures in any way;

5. Also requests such representatives and treaty bodies to continue to include in their
respective reports to the Commission on Human Rights, the Sub-Commission on the Promotion
and Protection of Human Rights or the General Assembly a reference to allegations of
intimidation or reprisal and of hampering of access to United Nations human rights procedures,
as well as an account of action taken by them in this regard;
6. Requests the Secretary-General to draw the attention of such representatives and
treaty bodies to the present resolution;
7. Invites the Secretary-General to submit to the Commission at its
sixty-second session a report containing a compilation and analysis of any available
information, from all appropriate sources, on alleged reprisals against the persons referred to
in paragraph 1 above;
8. Decides to consider the question again at its sixty-second session.
50th meeting
14 April 2005
[Resolution adopted without a vote.
See chap. IX, paras. 151 and 152.]
2005/10. Situation of human rights in Myanmar
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the International Covenants on Human Rights and other human rights instruments,
Reaffirming that all Member States have an obligation to promote and protect human
rights and fundamental freedoms and the duty to fulfil the obligations they have undertaken
under the various international instruments in the field,
Aware that Myanmar is a party to the Convention on the Rights of the Child, the
Convention on the Elimination of All Forms of Discrimination against Women, the Convention
on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions,
of 12 August 1949, on the protection of victims of war, as well as the Convention concerning
Forced or Compulsory Labour, 1930 (No. 29) and the Convention concerning Freedom of
Association and Protection of the Right to Organize, 1948 (No. 87) of the International Labour
Organization,
Recalling its previous resolutions on the subject, the most recent of which is
resolution 2004/61 of 21 April 2004, and those of the General Assembly, the most recent of
which is resolution 59/263 of 23 December 2004,
Bearing in mind Security Council resolution 1325 (2000) of 31 October 2000 on women,
peace and security, 1265 (1999) of 17 September 1999 and 1296 (2000) of 19 April 2000 on the
protection of civilians in armed conflict and 1539 (2004) of 22 April 2004 on children in armed
conflict,

Bearing in mind the report of the Secretary-General on children and armed conflict
(A/59/695-S/2005/72),
Recalling resolution I adopted by the International Labour Organization at its
eighty-eighth session, on 14 June 2000, concerning the practice of forced or compulsory labour
in Myanmar,
Affirming that the will of the people is the basis of the authority of government and that
the will of the people of Myanmar was clearly expressed in the elections held in 1990,
Affirming also that the establishment of a genuine democratic government in Myanmar is
essential for the realization of all human rights and fundamental freedoms,
Recognizing that good governance, democracy, the rule of law and respect for human
rights are essential to achieve sustainable development and economic growth, and that good
governance includes the idea of transparent, responsible, accountable and participatory
government at all levels,
Taking note of the reconvening of the National Convention on 17 February 2005,
without the participation of the democratic opposition, and the suspension of the Convention
on 31 March, while recognizing that the Government of Myanmar has announced that it would
reconvene at the end of 2005,
1. Welcomes:
(a) The reports of both the Special Rapporteur on the situation of human rights in
Myanmar (E/CN.4/2005/36) and of the Secretary-General (A/59/269 and E/CN.4/2005/130);
(b) The personal engagement and statements of the Secretary-General with regard to
the situation of Myanmar;
(c) The efforts by the Government of Myanmar to release prisoners, and takes
note of the recent release of some 19,906 prisoners, while noting that only 110 of them were
political prisoners, as indicated by the Special Rapporteur in his statement to the Commission
on 29 March 2005;
(d) The establishment by the Government of a committee for the prevention of
military recruitment of under-age soldiers and the adoption in November 2004 of an outline plan
of action to address the issues of under-age recruitment and child soldiers;
(e) The ratification by Myanmar on 30 March 2004 of the United Nations
Convention against Transnational Organized Crime and two of its Protocols, the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the
Convention;
(f) The negotiations to conclude a ceasefire agreement between the Government of
Myanmar and the Karen National Union, while noting that there have been a limited number of
contacts since October 2004;

(g) The continued cooperation of Myanmar with the International Committee of the
Red Cross;
(h) The access to the eastern part of Myanmar by the International Committee of the
Red Cross and the Office of the United Nations High Commissioner for Refugees;
2. Takes note of the efforts of the Government of Myanmar to meet the HIV/AIDS
challenge, and calls upon it to enhance its efforts in this regard and to support the effective
implementation of the Joint Plan of Action on HIV/AIDS in cooperation with the relevant
international agencies;
3. Expresses its grave concern at:
(a) The ongoing systematic violation of human rights, including civil, political,
economic, social and cultural rights, of the people of Myanmar, in particular discrimination and
violations suffered by persons belonging to ethnic minorities, women and children, especially in
non-ceasefire areas;
(b) The fact that the Special Rapporteur on the situation of human rights in Myanmar
as well as the Special Envoy of the Secretary-General for Myanmar have been unable to visit the
country for more than a year, despite repeated requests;
(c) The ongoing systematic and consistent harassment of members of the National
League for Democracy and other opposition activists, in particular the events of May 2003, and
the fact that no full and independent inquiry has been initiated despite repeated requests;
(d) The extension of the house arrest of National League for Democracy
General Secretary Daw Aung San Suu Kyi and her deputy, U Tin Oo, for another year and the
persistent denial of their human rights and fundamental freedoms, including freedom of
movement and association, as well as the continued detention of other senior leaders of the
National League for Democracy and of the leadership of other political parties or ethnic
minorities, particularly the recent detention of U Khun Htun Oo and U Sai Nyunt Lwin,
Chairman and General Secretary respectively of the Shan Nationalities League for Democracy,
and Sao Hso Ten, Chairman of the Shan State Peace Council;
(e) The continuing restrictions placed on the National League for Democracy and
other political parties which prevented them from participating in the recently reconvened
National Convention;
(f) Extrajudicial killings, rape and other forms of sexual violence persistently carried
out by members of the armed forces, continuing use of torture, renewed instances of political
arrests and continuing imprisonment and other detentions, including of prisoners whose
sentences have expired; prisoners held incommunicado while awaiting trial; forced relocation;
destruction of livelihoods and confiscations of land by the armed forces; forced labour, including
child labour; trafficking in persons; denial of freedom of assembly, association, expression and
movement; discrimination and persecution on the basis of religious or ethnic background; wide
disrespect for the rule of law and lack of independence of the judiciary; unsatisfactory conditions
of detention; systematic use of child soldiers; and violations of the rights to education and to an
adequate standard of living, including food and medical care;

(g) The situation of the large number of internally displaced persons and the flow of
refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under
international law;
(h) The renewed attacks by military forces on ceasefire groups, in violation of
ceasefire agreements, and the subsequent and continuing violations of human rights, in particular
the deterioration of the enjoyment of human rights by the affected populations;
(i) The fact that the Government of Myanmar has not yet undertaken all the relevant
measures to allow the Joint Government of the Union of Myanmar-International Labour
Organization Plan of Action for the Elimination of Forced Labour Practices in Myanmar to come
into force, and that the senior military leadership failed to meet the International Labour
Organization very High-Level Team during its visit from 21 to 23 February 2005, despite its
mandate to evaluate the attitude of the Myanmar authorities at the highest level towards forced
labour;
4. Calls upon the Government of Myanmar:
(a) To end the systematic violations of human rights in Myanmar, to ensure full
respect for all human rights and fundamental freedoms, to end impunity and to investigate and
bring to justice any perpetrators of human rights violations, including members of the military
and other Government agents in all circumstances;
(b) To lift all restraints on peaceful political activity of all persons, including former
political prisoners, by, inter alia, guaranteeing freedom of association and freedom of expression,
including freedom of the media, and to ensure unhindered access to information for the people of
Myanmar;
(c) To restore democracy and respect the results of the 1990 elections by, inter alia,
releasing immediately and unconditionally the leadership of the National League for Democracy,
including General Secretary Daw Aung San Suu Kyi and members of the National League for
Democracy detained on or after 30 May 2003, as well as the recently arrested Shan leadership,
and to allow them to play a full role in bringing about national reconciliation and the transition
towards democracy, and in this regard draws attention to the recommendation of the Special
Rapporteur that only the full and unconditional release of all political prisoners would play a
positive role in the process of national reconciliation and democratization;
(d) To cease the ongoing harassment of the National League for Democracy and
other political parties and allow the reopening of the offices of the National League for
Democracy throughout the country;
(e) To initiate a full and independent inquiry, with international cooperation, into the
Depayin incident of 30 May 2003, as called for by the General Assembly;
(f) To release unconditionally and immediately all political prisoners with particular
emphasis on the elderly and the sick, and to desist from arresting and punishing persons for their
peaceful political activities;

(g) To fulfil its obligations to restore the independence of the judiciary and due
process of law, and to take further steps to reform the system of the administration of justice;
(h) To ensure that the National Convention is fully inclusive of all political parties
and representatives elected in the last election and all major ethnic nationalities not represented
by a political party, and is held in a democratic atmosphere that allows for freedom of expression
and guarantees the safety of all participants, while recalling that an inclusive approach at the
National Convention is an essential step in the democratization process, as well as in the process
of genuine national reconciliation and establishment of the rule of law;
(i) To enter into a substantive and structured dialogue with Daw Aung San Suu Kyi
and other leaders of the National League for Democracy intended to lead towards
democratization and national reconciliation and at an early stage to include other political leaders
in these talks, including representatives of the ethnic groups;
(j) To consider as a matter of high priority becoming party to all relevant instruments
of international human rights law and international humanitarian law;
(k) To establish a national human rights commission in accordance with the
Principles relating to the establishment of national institutions for the promotion and protection
of human rights (the Paris Principles);
(l) To ensure that any future referendum and elections are conducted according to
international standards for free and fair elections with the full participation of all political parties;
5. Also calls upon the Government of Myanmar:
(a) To pursue through dialogue and peaceful means the immediate suspension and
permanent end of conflict with all ethnic groups in Myanmar;
(b) To resume the negotiations to conclude a ceasefire agreement with the
Karen National Union and to follow up the negotiations with substantial political dialogue
in order to ensure that the rights of ethnic nationalities are fully respected;
(c) To put an immediate end to the recruitment and use of child soldiers and to extend
full cooperation to relevant international organizations in order to ensure the demobilization of
child soldiers, their return home and their rehabilitation by the Army in accordance with
Security Council resolutions 1460 (2003) of 30 January 2003 and 1539 (2004) of 14 April 2004,
but stresses the need for full implementation of the plan and the need to maintain close dialogue
with the United Nations Childrens Fund, as well as to cooperate with the Special Representative
of the Secretary-General for children and armed conflict;
(d) To end widespread rape and other forms of sexual violence persistently
carried out by members of the armed forces, in particular against women belonging to ethnic
minorities, and to investigate and bring to justice any perpetrators in order to end impunity for
these acts;

(e) To end the systematic enforced displacement of persons and other causes of
refugee flows to neighbouring countries, to provide the necessary protection and assistance to
internally displaced persons, in cooperation with the international community, and to respect the
right of refugees to voluntary, safe and dignified return monitored by appropriate international
agencies;
(f) To ensure immediately safe and unhindered access to all parts of Myanmar for the
United Nations and international humanitarian organizations and to cooperate fully with all
sectors of society, especially with the National League for Democracy and other relevant
political, ethnic and community-based groups, to ensure the provision of humanitarian assistance
and to guarantee that it actually reaches the most vulnerable groups of the population;
6. Further calls upon the Government of Myanmar:
(a) To cooperate fully with the Special Envoy of the Secretary-General for Myanmar
and the Special Rapporteur in order to bring Myanmar towards a transition to civilian rule, and to
ensure that they are both granted full, free and unimpeded access to Myanmar and that no person
cooperating with the Special Envoy, the Special Rapporteur and any international organization is
subjected to any form of intimidation, harassment or punishment, and to review as a matter of
urgency the cases of those currently undergoing punishment in this regard;
(b) Without further delay to cooperate fully with the Special Rapporteur to
facilitate an independent international investigation of continuing reports of sexual violence and
other abuse of civilians carried out by members of the armed forces in Shan and other states;
(c) To take immediate action to implement fully concrete legislative, executive and
administrative measures to eradicate the practice of forced labour by all organs of Government,
including the armed forces, to implement fully the recommendations of the Commission of
Inquiry established to examine the observance by Myanmar of the Convention concerning
Forced or Compulsory Labour (No. 29) of the International Labour Organization, and to take the
action foreseen in the report of the very High-Level Team (GB.292/7/3) as presented to the
Governing Body of the International Labour Office at its two hundred and ninety-second session
in March 2005, before the ninety-third session of the International Labour Conference of
May/June 2005;
7. Decides:
(a) To extend the mandate of the Special Rapporteur, as contained in Commission
resolution 1992/58 of 3 March 1992, for a further year and requests the Special Rapporteur to
submit an interim report to the General Assembly at its sixtieth session and to report to the
Commission at its sixty-second session and to integrate a gender perspective throughout his
work;
(b) To request the Secretary-General to continue to give all necessary assistance to
the Special Rapporteur to enable him to discharge his mandate fully;
8. Also decides to continue consideration of this question at its sixty-second session;

9. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 3.]
50th meeting
14 April 2005
[Resolution adopted without a vote.
See chap. IX, paras. 153 to 157.]
2005/11. Situation of human rights in the Democratic Peoples Republic of Korea
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the International Covenants on Human Rights and other human rights instruments,
Reaffirming that all States Members of the United Nations have the obligation to promote
and protect human rights and fundamental freedoms and to implement the obligations they have
assumed under international instruments,
Recalling its resolutions 2003/10 of 16 April 2003 and 2004/13 of 15 April 2004,
Mindful that the Democratic Peoples Republic of Korea is a party to the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, the Convention on the Rights of the Child and the Convention on the
Elimination of All Forms of Discrimination against Women,
Noting the submission by the Democratic Peoples Republic of Korea of its
second periodic report concerning the implementation of the International Covenant on
Economic, Social and Cultural Rights (E/1990/6/Add.35) and its second periodic report on the
implementation of the Convention on the Rights of the Child (CRC/C/65/Add.24) as a sign of
more active engagement in international cooperative efforts in the field of human rights, and
encouraging the Democratic Peoples Republic of Korea to continue to submit its reports in a
timely manner,
Taking note of the concluding observations of the Committee on Economic, Social and
Cultural Rights on the reports submitted by the Democratic Peoples Republic of Korea,
including suggested measures to guarantee the right to be free from hunger,
Welcoming the invitation by the Democratic Peoples Republic of Korea to members of
the Committee on the Rights of the Child and to the Special Rapporteur on violence against
women, it causes and consequences, to visit the country,
Welcoming also the fact that the Democratic Peoples Republic of Korea has held
consultations with some countries on human rights issues,

Underlining the importance of the effective continuation of the process of rapprochement
between the two Koreas and noting progress in this respect,
Welcoming the report of the Special Rapporteur on the situation of human rights in the
Democratic Peoples Republic of Korea (E/CN.4/2005/34),
Desiring to promote an open and constructive approach leading to concrete progress in
the field of human rights,
1. Expresses its deep concern about continuing reports of systemic, widespread and
grave violations of human rights in the Democratic Peoples Republic of Korea, including:
(a) Torture and other cruel, inhuman or degrading treatment or punishment, public
executions, extrajudicial and arbitrary detention, the absence of due process and the rule of law,
imposition of the death penalty for political reasons, the existence of a large number of prison
camps and the extensive use of forced labour;
(b) Sanctions on citizens of the Democratic Peoples Republic of Korea who have
been repatriated from abroad, such as treating their departure as treason leading to punishments
of internment, torture, inhuman or degrading treatment or the death penalty;
(c) All-pervasive and severe restrictions on the freedoms of thought, conscience,
religion, opinion and expression, peaceful assembly and association and on access of everyone to
information, and limitations imposed on every person who wishes to move freely within the
country and travel abroad;
(d) Continued violation of the human rights and fundamental freedoms of women,
in particular the trafficking of women for prostitution or forced marriage, ethnically
motivated forced abortions, including by labour-inducing injection or natural delivery, as well as
infanticide of children of repatriated mothers, including in police detention centres and
labour-training camps;
2. Expresses its grave concern that the Government of the Democratic Peoples
Republic of Korea has not accepted the mandate of the Special Rapporteur, as contained in
Commission resolution 2004/13, and has not extended any cooperation to the Special
Rapporteur;
3. Also expresses its concern that the Government of the Democratic Peoples
Republic of Korea has not engaged in technical cooperation activities with the United Nations
High Commissioner for Human Rights and her Office, despite efforts by the High Commissioner
to engage in a dialogue with the authorities of the Democratic Peoples Republic of Korea in this
regard;
4. Further expresses its deep concern at the precarious humanitarian situation in the
country, in particular the prevalence of infant malnutrition which, despite recent progress, still
affects the physical and mental development of a significant percentage of children;
5. Strongly urges the Government of the Democratic Peoples Republic of Korea to
address these concerns in an open and constructive manner, including:

(a) By immediately putting an end to the systemic, widespread and grave violations
of human rights mentioned above;
(b) By providing all pertinent information concerning the above-mentioned issues to,
and removing restrictions on access to the country by, the international community;
(c) By accepting the mandate of the Special Rapporteur, extending its full and
unreserved cooperation and assistance to the Special Rapporteur in the discharge of his mandate
and, to this end, taking all necessary steps to ensure that the Special Rapporteur has free and
unlimited access to any person in the Democratic Peoples Republic of Korea whom he might
wish to meet;
(d) By ratifying human rights instruments to which the Democratic Peoples Republic
of Korea is not yet a party, in particular the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the International Convention on the
Elimination of All Forms of Racial Discrimination, and by implementing its obligations under
the human rights instruments to which the Democratic Peoples Republic of Korea is a party,
ensuring that all necessary measures are undertaken to this end;
(e) By adhering to internationally recognized labour standards and considering as a
matter of priority joining the International Labour Organization and becoming a party to the
International Labour Organization Convention concerning Forced or Compulsory Labour,
1930 (No. 29) and the Convention concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour, 1999 (No. 182);
(f) By implementing the recommendations of the Committee on the Rights of the
Child, the Human Rights Committee and the Committee on Economic, Social and Cultural
Rights;
(g) By cooperating with the United Nations system in the field of human rights
and cooperating without restriction with the thematic procedures of the Commission on
Human Rights relevant to the situation of the Democratic Peoples Republic of Korea, in
particular with the Special Rapporteur on the right to food, the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on freedom
of religion or belief, the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression, the Special Rapporteur on violence against women, its
causes and consequences, the Working Group on Arbitrary Detention and the Working Group on
Enforced or Involuntary Disappearances, as well as with international human rights
organizations, including human rights defenders;
(h) By developing a constructive dialogue with the High Commissioner and her
Office with a view to establishing technical cooperation programmes in the field of human
rights, as well as consultations on human rights with other countries;
(i) By ensuring that humanitarian organizations, including non-governmental
organizations and United Nations agencies, in particular the World Food Programme, have full,
free, safe and unimpeded access to all parts of the Democratic Peoples Republic of Korea in
order for them to ensure that humanitarian assistance is delivered impartially on the basis of
need, in accordance with humanitarian principles;

(j) By upholding international human rights standards together with democratic
pluralism and the rule of law, with greater space for civil society participation at all levels of
decision-making and implementation, and establishing a national human rights commission or
equivalent;
(k) By resolving, clearly and transparently and urgently, all the unresolved
questions relating to the abduction of foreigners in the form of an enforced disappearance, which
remains a grave violation of human rights, including by ensuring the immediate return of
abductees;
(l) By cooperating with its neighbouring Governments to bring an end to the
trafficking of women;
6. Requests the international community:
(a) To urge the Government of the Democratic Peoples Republic of Korea to extend
full and unreserved cooperation to the Special Rapporteur;
(b) To continue to urge the Government of the Democratic Peoples Republic of
Korea to ensure that humanitarian assistance, especially food aid, destined for the people of the
Democratic Peoples Republic of Korea is distributed in accordance with humanitarian principles
and that representatives of international humanitarian actors are allowed to travel throughout the
country to monitor this distribution;
(c) To urge States to ensure respect for the fundamental principles of asylum;
7. Requests the Special Rapporteur to continue his efforts to establish direct contact
with the Government and with the people of the Democratic Peoples Republic of Korea, to
report on the situation of human rights in the Democratic Peoples Republic of Korea and on the
Governments compliance with its obligations under international human rights instruments,
including through visits to the country and information received from all relevant actors, such as
Governments, non-governmental organizations and any other parties who have knowledge of
these matters;
8. Requests all relevant special rapporteurs and special representatives to examine
alleged human rights violations in the Democratic Peoples Republic of Korea and to report
thereon to the Commission at its sixty-second session, and requests the Secretary-General to give
all necessary assistance to enable the special rapporteurs and special representatives to discharge
their mandates fully, including through visits to the country;
9. Requests the High Commissioner to continue her efforts to engage in a
comprehensive dialogue with the authorities of the Democratic Peoples Republic of Korea with
a view to establishing technical cooperation programmes in the field of human rights and to
submit her findings and recommendations to the Commission at its sixty-second session;
10. Decides to extend the mandate of the Special Rapporteur, as contained in
Commission resolution 2004/13, for a further year;

11. Requests the Secretary-General to give the Special Rapporteur all necessary
assistance in the discharge of his mandate;
12. Requests the Special Rapporteur to report his findings and recommendations to
the General Assembly at its sixtieth session and to the Commission at its sixty-second session;
13. Urges other United Nations bodies, in particular the General Assembly, to take up
the question of the situation of human rights in the Democratic Peoples Republic of Korea if the
Government does not extend cooperation to the Special Rapporteur and if improvement of the
situation of human rights in the country is not observed;
14. Decides to continue its consideration of this question at its sixty-second session
under the same agenda item, as a matter of high priority;
15. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 4.]
50th meeting
14 April 2005
[Resolution adopted by a recorded vote of 30 to 9, with 14 abstentions, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Canada, Costa Rica, Dominican Republic,
Ecuador, Eritrea, Finland, France, Germany, Guatemala, Honduras, Hungary, Ireland, Italy, Japan, Kenya, Mexico,
Netherlands, Paraguay, Peru, Romania, Saudi Arabia, Sri Lanka, Ukraine, United Kingdom of Great Britain and
Northern Ireland, United States of America.
Against: China, Cuba, Egypt, Guinea, Indonesia, Malaysia, Russian Federation, Sudan, Zimbabwe.
Abstaining: Burkina Faso, Congo, Ethiopia, Gabon, India, Mauritania, Nepal, Nigeria, Pakistan, Qatar,
Republic of Korea, South Africa, Swaziland, Togo.
See chap. IX, paras. 158 to 163.]
2005/12. Situation of human rights in Cuba
The Commission on Human Rights,
Recalling its resolutions 1990/48 of 6 March 1990, 1991/68 of 6 March 1991,
1992/61 of 3 March 1992, 1993/63 of 10 March 1993, 1994/71 of 9 March 1994, 1995/66
of 7 March 1995, 1996/69 of 23 April 1996, 1997/62 of 16 April 1997, 1999/8 of 23 April 1999,
2000/25 of 18 April 2000, 2001/16 of 18 April 2001, 2002/18 of 19 April 2002, 2003/13
of 17 April 2003, 2004/11 of 15 April 2004 and its decision 1988/106 of 10 March 1988
concerning the situation of human rights in Cuba,
Aware that all people are entitled to respect for their human rights as set forth in the
Universal Declaration of Human Rights,
Bearing in mind that the United Nations High Commissioner for Human Rights has
appointed a Personal Representative,

1. Invites the Personal Representative of the High Commissioner to report to the
Commission on the current status of the situations addressed in the above-mentioned resolutions
of this Commission;
2. Decides to consider this matter further at its sixty-second session under the same
agenda item, in connection with which the Personal Representative of the High Commissioner
will submit her report.
50th meeting
14 April 2005
[Resolution adopted by a recorded vote of 21 to 17, with 15 abstentions, as follows:
In favour: Armenia, Australia, Canada, Costa Rica, Finland, France, Germany, Guatemala, Honduras,
Hungary, Ireland, Italy, Japan, Mexico, Netherlands, Republic of Korea, Romania, Saudi Arabia, Ukraine,
United Kingdom of Great Britain and Northern Ireland, United States of America.
Against: China, Congo, Cuba, Egypt, Eritrea, Ethiopia, Guinea, India, Indonesia, Kenya, Malaysia,
Nigeria, Qatar, Russian Federation, South Africa, Sudan, Zimbabwe.
Abstaining: Argentina, Bhutan, Brazil, Burkina Faso, Dominican Republic, Ecuador, Gabon, Mauritania,
Nepal, Pakistan, Paraguay, Peru, Sri Lanka, Swaziland, Togo.
See chap. IX, paras. 164 to 170.]
2005/13. Situation of human rights in Belarus
The Commission on Human Rights,
Guided by the purposes and principles of the Charter of the United Nations, the
provisions of the Universal Declaration of Human Rights, and other applicable human rights
instruments,
Reaffirming that all States have an obligation to promote and protect human rights and
fundamental freedoms and to fulfil their international obligations,
Mindful that Belarus is a party to the International Covenant on Civil and Political Rights
and the Optional Protocol thereto, the International Covenant on Economic, Social and Cultural
Rights, the International Convention on the Elimination of All Forms of Racial Discrimination,
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Elimination of All Forms of Discrimination against Women
and the Optional Protocol thereto, and the Convention on the Rights of the Child and the
Optional Protocol to the Convention on the sale of children, child prostitution and child
pornography,
Recalling its resolutions 2003/14 of 17 April 2003 and 2004/14 of 15 April 2004,
Welcoming the visit of the Working Group on Arbitrary Detention to Belarus,
Mindful of the requests made to the Government of Belarus by the Working Group on
Enforced or Involuntary Disappearances regarding the disappearance of the former Minister of
Internal Affairs, Yury Zakharenko,

Noting the conclusions and recommendations of the Committee against Torture on the
third periodic report of Belarus, which appear in the report of the Committee on its twenty-fifth
and twenty-sixth sessions (A/56/44), and the recommendations of the Special Rapporteur on the
independence of judges and lawyers contained in the report on his mission to Belarus
(E/CN.4/2001/65/Add.1), as well as the lack of progress of the Government of Belarus in
addressing the noted shortfalls,
1. Expresses deep concern:
(a) That senior officials of the Government of Belarus have been implicated in the
enforced disappearance and/or summary execution of three political opponents of the incumbent
authorities in 1999 and of a journalist in 2000 and in the continuing investigatory cover-up, as
documented in the report adopted in resolution 1371 (2004) of 28 April 2004 by the
Parliamentary Assembly of the Council of Europe and endorsed by the Committee of Ministers
of the Council of Europe on 30 September 2004;
(b) At the findings of the final report of the Election Observation Mission of the
Office for Democratic Institutions and Human Rights of the Organization for Security and
Cooperation in Europe of 9 December 2004, which stated that the parliamentary elections
of 17 October 2004 in Belarus fell significantly short of commitments under the Organization for
Security and Cooperation in Europe, that the referendum of 17 October 2004 to eliminate term
limits on the presidency took place with unrestrained Government bias in favour of the
referendum, and that the Belarusian authorities failed to create the conditions, particularly as
concerns freedom of expression and freedom of the media, to ensure that the will of the people
serves as the basis of the authority of government;
(c) About the report of the Organization for Security and Cooperation in Europe
Representative on Freedom of the Media, dated 10 March 2005, which raises serious concerns
regarding the grave situation of the independent media in Belarus, in particular the declining
number of registrations of independent newspapers and the increased pressure on the media
through judicial, extrajudicial and economic means;
(d) About the findings detailed in the report of the Special Rapporteur to establish
direct contacts with the Government and with the people of Belarus (E/CN.4/2005/35) appointed
under Commission resolution 2004/14;
(e) About continuing reports that as of 1 February 2005 the Government of Belarus is
enforcing excessive legal requirements and requesting substantial monetary sums for registration
and continued operation of non-governmental organizations;
(f) About the conclusions of the Commission of Inquiry appointed under article 26 of
the Constitution of the International Labour Organization to examine the observance by the
Government of Belarus of the Convention concerning Freedom of Association and Protection of
the Right to Organise, 1948 (No. 87) and the Convention concerning the Right to Organise and
Collective Bargaining, 1949 (No. 98);

(g) About persistent reports of harassment and closure of non-governmental
organizations, national minority organizations, independent media outlets, opposition political
parties, independent trade unions and religious organizations, and the harassment of individuals
engaged in democratic activities, including independent media;
(h) About the revocation of the licence of the European Humanities University and
the continued pressure exerted by the Belarusian authorities on the University and other
academic institutions;
(i) About the failure of the Government of Belarus to cooperate fully with all the
mechanisms of the Commission, as requested by the Commission in its resolutions 2003/14
and 2004/14, in particular with the Special Rapporteur on the situation of human rights in
Belarus;
(j) About the politically motivated prosecution of a leading opposition figure;
(k) About continued reports of cases of arbitrary arrest and detention;
2. Urges the Government of Belarus:
(a) To dismiss or suspend from their duties law enforcement officers and public
officials implicated in forced disappearances and/or summary executions, pending an
independent, credible and full investigation of those cases, and to hold the perpetrators promptly
accountable;
(b) To ensure that all necessary measures are taken to investigate fully and
impartially all cases of forced disappearance, summary execution and torture and that alleged
perpetrators are brought to justice before an independent tribunal and, if found guilty, punished
in a manner consistent with the international human rights obligations of Belarus;
(c) To ensure effective protection of the rights of persons deprived of liberty, as
recommended by the Working Group on Arbitrary Detention;
(d) To bring the electoral process and legislative framework into line with
international standards, especially those of the Organization for Security and Cooperation in
Europe, including as regards the freedom of expression, to facilitate the involvement of the
Office for Democratic Institutions and Human Rights in all elections and to live up to its
commitments under the Organization for Security and Cooperation in Europe;
(e) To implement fully the recommendations of and to establish an ongoing dialogue
with the Special Rapporteur as well as the Organization for Security and Cooperation in Europe
Representative on Freedom of the Media;
(f) To cease harassment of non-governmental organizations, political parties, trade
unions, independent media, educational institutions, religious organizations and democracy and
human rights activists; to undertake a review of domestic laws and practices regarding the
compulsory registration of non-governmental organizations and ensure that such laws and
regulations are implemented or amended to conform with its international human rights
obligations;

(g) To release individuals detained for politically motivated reasons;
(h) To carry out the recommendations of the International Labour Organization
Commission of Inquiry and the recommendations of the Working Group on Arbitrary Detention
without further delay;
(i) To respect the right to freedom of assembly and association;
(j) To provide public information regarding the execution of those sentenced to
death;
(k) To increase its efforts to combat human trafficking and to protect the victims of
human trafficking, in particular women being trafficked for the purposes of sexual exploitation;
3. Insists that the Government of Belarus cooperate fully with all the mechanisms of
the Commission, including by extending invitations to the Special Rapporteur on the situation of
human rights in Belarus, the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, the Special Rapporteur on extrajudicial, summary or
arbitrary executions, the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression, and the Special Representative of the Secretary-General on
the situation of human rights defenders, as well as the Working Group on Enforced or
Involuntary Disappearances, and through requesting technical assistance;
4. Decides to extend the mandate of the Special Rapporteur for a further year, from
within existing resources and requests him to continue his efforts to establish direct contacts with
the Government and with the people of Belarus, with a view to examining the situation of human
rights in Belarus and following any progress made towards the elaboration of a programme on
human rights education for all sectors of society, in particular law enforcement, the judiciary,
prison officials and civil society, and to report to the Commission at its sixty-second session;
5. Requests the Secretary-General to give the Special Rapporteur all necessary
assistance in the discharge of his mandate;
6. Decides to consider this question at its sixty-second session, under the same
agenda item.
50th meeting
14 April 2005
[Resolution adopted by a recorded vote of 23 to 16, with 14 abstentions, as follows:
In favour: Australia, Canada, Costa Rica, Dominican Republic, Finland, France, Gabon, Germany,
Guatemala, Hungary, Ireland, Italy, Japan, Mexico, Netherlands, Paraguay, Peru, Republic of Korea, Romania,
Sri Lanka, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America.
Against: Armenia, China, Congo, Cuba, Egypt, Eritrea, Ethiopia, India, Indonesia, Kenya, Malaysia,
Russian Federation, South Africa, Sudan, Swaziland, Zimbabwe.
Abstaining: Argentina, Bhutan, Brazil, Burkina Faso, Ecuador, Guinea, Honduras, Mauritania, Nepal,
Nigeria, Pakistan, Qatar, Saudi Arabia, Togo.
See chap. IX, paras. 171 to 180.]

2005/14. Human rights and unilateral coercive measures
The Commission on Human Rights,
Recalling the purposes and the principles of the Charter of the United Nations,
Recalling also its resolution 2004/22 of 16 April 2004 and taking note of
General Assembly resolution 59/188 of 20 December 2004,
Stressing that unilateral coercive measures and legislation are contrary to international
law, international humanitarian law, the Charter of the United Nations and the norms and
principles governing peaceful relations among States,
Recognizing the universal, indivisible, interdependent and interrelated character of all
human rights and, in this regard, reaffirming the right to development as a universal and
inalienable right and an integral part of all human rights,
Expressing its concern about the negative impact of unilateral coercive measures in the
field of human rights, development, international relations, trade, investment and cooperation,
Recalling that the World Conference on Human Rights, held in Vienna from
14 to 25 June 1993, called upon States to refrain from any unilateral measure not in accordance
with international law and the Charter of the United Nations that creates obstacles to trade
relations among States and impedes the full realization of all human rights, and also severely
threatens the freedom of trade,
Deeply concerned that, despite the resolutions adopted on this issue by the
General Assembly, the Commission on Human Rights and United Nations conferences held in
the 1990s and their five-year reviews, and contrary to norms of international law and the Charter
of the United Nations, unilateral coercive measures continue to be promulgated, implemented
and enforced, inter alia through resorting to war and militarism, with all their negative
implications for the social-humanitarian activities and economic and social development of
developing countries, including their extraterritorial effects, thereby creating additional obstacles
to the full enjoyment of all human rights by peoples and individuals under the jurisdiction of
other States,
Reaffirming that unilateral coercive measures are a major obstacle to the implementation
of the Declaration on the Right to Development,
Recalling article 1, paragraph 2, common to the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights which
provides, inter alia, that in no case may a people be deprived of its own means of subsistence,
1. Urges all States to stop adopting or implementing unilateral coercive measures
not in accordance with international law, international humanitarian law, the Charter of the
United Nations and the norms and principles governing peaceful relations among States, in
particular those of a coercive nature with extraterritorial effects, which create obstacles to trade
relations among States, thus impeding the full realization of the rights set forth in the Universal
Declaration of Human Rights and other international human rights instruments, in particular the
right of individuals and peoples to development;

2. Strongly objects to the extraterritorial nature of those measures which, in addition,
threaten the sovereignty of States and, in this context, calls upon all Member States neither to
recognize these measures nor apply them, as well as to take effective administrative or legislative
measures, as appropriate, to counteract the extraterritorial application or effects of unilateral
coercive measures;
3. Condemns the continued unilateral application and enforcement by certain Powers
of such measures as tools of political or economic pressure against any country, particularly
against developing countries, with a view to preventing these countries from exercising their
right to decide, of their own free will, their own political, economic and social systems;
4. Reiterates its call upon Member States that have initiated such measures to abide
by the principles of international law, the Charter of the United Nations, the declarations of the
United Nations and world conferences and relevant resolutions and to commit themselves to
their obligations and responsibilities arising from the international human rights instruments to
which they are parties by putting an immediate end to such measures;
5. Reaffirms, in this context, the right of all peoples to self-determination, by virtue
of which they freely determine their political status and freely pursue their economic, social and
cultural development;
6. Recalls that, according to the Declaration on Principles of International Law
concerning Friendly Relations and Cooperation among States in accordance with the Charter of
the United Nations, contained in the annex to General Assembly resolution 2625 (XXV)
of 24 October 1970, and according to the relevant principles and provisions contained in the
Charter of Economic Rights and Duties of States proclaimed by the General Assembly in its
resolution 3281 (XXIX) of 12 December 1974, in particular article 32, no State may use or
encourage the use of economic, political or any other type of measures to coerce another State in
order to obtain from it the subordination of the exercise of its sovereign rights and to secure from
it advantages of any kind;
7. Reaffirms that essential goods such as food and medicines should not be used as
tools for political coercion and that under no circumstances should people be deprived of their
own means of subsistence and development;
8. Underlines that unilateral coercive measures are one of the major obstacles to the
implementation of the Declaration on the Right to Development and, in this regard, calls upon all
States to avoid the unilateral imposition of economic coercive measures and the extraterritorial
application of domestic laws which run counter to the principles of free trade and hamper the
development of developing countries, as recognized by the Intergovernmental Group of Experts
on the Right to Development in its report on its second session (E/CN.4/1998/29);
9. Rejects all attempts to introduce unilateral coercive measures, as well as the
increasing trend in this direction, including through the enactment of laws with extraterritorial
application which are not in conformity with international law;
10. Recognizes that the Declaration of Principles adopted at the first phase of the
World Summit on the Information Society, held in Geneva in December 2003, strongly urged
States to avoid and refrain from any unilateral measure in building the Information Society;

11. Invites once again all special rapporteurs and existing thematic mechanisms of the
Commission in the field of economic, social and cultural rights to pay due attention, within the
scope of their respective mandates, to the negative impact and consequences of unilateral
coercive measures;
12. Decides to give due consideration to the negative impact of unilateral coercive
measures in its task concerning the implementation of the right to development;
13. Requests:
(a) The United Nations High Commissioner for Human Rights, in discharging her
functions in relation to the promotion and protection of human rights, to pay due attention and
give urgent consideration to the present resolution;
(b) The Secretary-General to bring the present resolution to the attention of all
Member States and to seek their views and information on the implications and negative effects
of unilateral coercive measures on their populations, and to submit a report thereon to the
Commission at its sixty-second session;
14. Decides to examine this question, on a priority basis, at its sixty-second session
under the same agenda item.
50th meeting
14 April 2005
[Resolution adopted by a recorded vote of 37 votes to 14, with 2 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Dominican Republic,
Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, India, Indonesia, Kenya, Malaysia,
Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation, Saudi Arabia,
South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America.
Abstaining: Costa Rica, Republic of Korea.
See chap. X, paras. 200 to 202.]
2005/15. Adverse effects of the illicit movement and dumping of toxic and
dangerous products and wastes on the enjoyment of human rights
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the International Covenants on Human Rights and the Vienna Declaration and Programme of
Action, particularly on the question of the human rights of everyone to life, the enjoyment of the
highest attainable standard of physical and mental health and other human rights affected by the
illicit movement and dumping of toxic and dangerous products, including the rights to clean
water, food, adequate housing and work,

Recalling its earlier resolutions on the subject, in particular, resolutions 2003/20
of 22 April 2003 and 2004/17 of 16 April 2004,
Taking into consideration the Johannesburg Declaration on Sustainable Development
(A/CONF.199/20 and Corr.1, chap. I, resolution 1, annex) and its Plan of Implementation (ibid.,
resolution 2, annex), adopted by the World Summit on Sustainable Development held in
Johannesburg, South Africa, in September 2002,
Welcoming the entry into force of the Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade as a
key instrument providing States with a major tool to reduce the risks associated with pesticide
use,
Underlining the importance of broad dissemination of information regarding legislation
on this subject and the negative effects on health of the transportation and dumping of illicit
products and toxic wastes,
Affirming that the illicit movement and dumping of toxic and dangerous products and
wastes constitute a serious threat to human rights, including the right to life, the enjoyment of the
highest attainable standard of physical and mental health and other human rights affected by the
illicit movement and dumping of toxic and dangerous products, including the rights to clean
water, food, adequate housing and work, particularly of individual developing countries that do
not have the technologies to process them,
Noting that the Stockholm Convention on Persistent Organic Pollutants has the potential
to address serious issues of concern, especially for developing countries,
Reaffirming that the international community must treat all human rights in a fair and
equal manner, on the same footing and with the same emphasis,
Reiterating that all human rights are universal, indivisible, interdependent and
interrelated,
Reaffirming General Assembly resolution 50/174 of 22 December 1995 on strengthening
of United Nations action in the field of human rights through the promotion of international
cooperation and the importance of non-selectivity, impartiality and objectivity,
Mindful of the call by the World Conference on Human Rights on all States to adopt and
vigorously implement existing conventions relating to the dumping of toxic and dangerous
products and to cooperate in the prevention of illicit dumping,
Aware of the increasing rate of illicit movement and dumping by transnational
corporations and other enterprises from industrialized countries of hazardous and other wastes in
developing countries that do not have the national capacity to deal with them in an
environmentally sound manner,

Aware also that many developing countries do not have the national capacities and
technologies to process such wastes in order to eradicate or diminish their adverse effects on
human rights, including the right to life, the enjoyment of the highest attainable standard of
physical and mental health, and other human rights affected by the illicit movement and dumping
of toxic and dangerous products, including the rights to clean water, food, adequate housing and
work,
1. Takes note of the report of the Special Rapporteur on the adverse effects of the
illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of
human rights (E/CN.4/2005/45 and Add.1);
2. Appreciates the efforts made by the Special Rapporteur in carrying out his
mandate with very limited resources for such a task;
3. Categorically condemns the illicit dumping of toxic and dangerous products and
wastes in developing countries;
4. Reaffirms that illicit traffic in and dumping of toxic and dangerous products and
wastes constitute a serious threat to human rights, including the right to life, the enjoyment of the
highest attainable standard of physical and mental health and other human rights affected by the
illicit movement and dumping of toxic and dangerous products, including the rights to clean
water, food, adequate housing and work;
5. Urges all Governments to take appropriate legislative and other measures, in line
with their international obligations, to prevent the illegal international trafficking in toxic and
hazardous products and wastes, the transfer of toxic and hazardous products and wastes through
fraudulent waste-recycling programmes, and the transfer of polluting industries, industrial
activities and technologies, which generate hazardous wastes, from developed to developing
countries;
6. Invites the United Nations Environment Programme, the secretariats for the
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their
Disposal and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain
Hazardous Pesticides in International Trade, the Commission on Sustainable Development, the
International Register of Potentially Toxic Chemicals, the Food and Agriculture Organization of
the United Nations, the International Labour Organization, the World Health Organization and
regional organizations to continue to intensify their coordination and international cooperation
and technical assistance on environmentally sound management of toxic chemicals and
hazardous wastes, including the question of their transboundary movement;
7. Requests the Governments of developed countries, together with international
financial institutions, to provide financial assistance to African countries for the implementation
of the Programme of Action adopted at the First Continental Conference for Africa on the
Environmentally Sound Management of Unwanted Stocks of Hazardous Wastes and Their
Prevention, held in Rabat, from 8 to 12 January 2001;

8. Expresses its appreciation to the relevant United Nations bodies, in particular the
United Nations Environment Programme and the secretariat for the Basel Convention, for the
support extended to the Special Rapporteur and urges them and the international community to
continue to give him the necessary support to enable him to discharge his mandate;
9. Urges the international community and the relevant United Nations bodies, in
particular the United Nations Environment Programme and the secretariat for the
Basel Convention, to continue to give appropriate support to developing countries, upon their
request, in their efforts to implement the provisions of existing international and regional
instruments controlling the transboundary movement and dumping of toxic and dangerous
products and wastes in order to protect and promote human rights, including the right to life, the
enjoyment of the highest attainable standard of physical and mental health and other human
rights affected by the illicit movement and dumping of toxic and dangerous products, including
the rights to clean water, food, adequate housing and work;
10. Urges all Governments to ban the export of toxic and dangerous products,
substances, chemicals, pesticides and persistent organic pollutants that are banned or severely
restricted in their own countries;
11. Calls upon countries that have not done so to consider ratifying the
Rotterdam Convention and the Stockholm Convention;
12. Urges States to strengthen the role of national environmental protection agencies
and non-governmental organizations, local communities and associations, trade unions, workers
and victims, and provide them with the legal and financial means to take necessary action;
13. Urges human rights bodies to be more systematic in addressing violations of
rights associated with the practices of multinational companies, toxic waste and other
environmental problems;
14. Urges the Special Rapporteur to continue to undertake, in consultation with the
relevant United Nations bodies, organizations and the secretariats of relevant international
conventions, a global, multidisciplinary and comprehensive study of existing problems and new
trends of, and solutions to, illicit traffic in and dumping of toxic and dangerous products and
wastes, in particular in developing countries, as well as in those sharing borders with developed
countries, with a view to making concrete recommendations and proposals on adequate measures
to control, reduce and eradicate these phenomena;
15. Calls upon countries to facilitate the work of the Special Rapporteur by providing
information and inviting him to undertake country visits;
16. Invites the Special Rapporteur, in accordance with his mandate, to include in his
report to the Commission at its sixty-second session comprehensive information on:
(a) Persons killed, maimed or otherwise injured in developing countries through the
illicit movement and dumping of toxic and dangerous products and wastes;

(b) The question of the impunity of the perpetrators of these heinous crimes,
including racially motivated discriminatory practices, and to recommend measures to bring them
to an end that take into account the role of both Governments and private actors in ending
impunity;
(c) Human rights standards applicable to transnational corporations and other
business enterprises that dump toxic and dangerous products and wastes;
(d) The question of rehabilitation of and assistance to victims;
(e) The scope of national legislation in relation to transboundary movement and
dumping of toxic and dangerous products and wastes;
(f) The question of fraudulent waste-recycling programmes, the transfer of polluting
industries, industrial activities and technologies from the developed to developing countries and
their new trends, including e-waste and dismantling of ships, ambiguities in international
instruments that allow illegal movement and dumping of toxic and dangerous products and
wastes, and any gaps in the effectiveness of the international regulatory mechanisms;
17. Encourages the Special Rapporteur, in accordance with his mandate and with
the support and assistance of the Office of the United Nations High Commissioner for
Human Rights, to continue to provide Governments with an appropriate opportunity to respond
to allegations transmitted to him and reflected in his report, and to have their observations
reflected in his report to the Commission;
18. Reiterates its call to the Secretary-General to continue to make all necessary
resources available for the Special Rapporteur to carry out his mandate successfully and, in
particular:
(a) To provide him with adequate financial and human resources, including
administrative support;
(b) To provide him with the necessary specialized expertise to enable him carry out
his mandate fully;
(c) To facilitate his consultations with specialized institutions and agencies, in
particular with the United Nations Environment Programme and the World Health Organization,
with a view to improving the provision by such institutions and agencies of technical assistance
to Governments which request it and appropriate assistance to victims;
19. Urges transnational corporations and other business enterprises involved in the
transfer of toxic and dangerous products to adhere to local and international health,
environmental, labour and other standards in furtherance of human rights and to promote
technology transfers to developing countries that can improve the management of toxic wastes
and dangerous products and prevent their adverse impacts on local communities;

20. Invites the Commission on Sustainable Development to invite the Special
Rapporteur to report to it on the impacts of dumping of toxic and hazardous wastes on human
rights as it relates to the work of that Commission;
21. Decides to continue consideration of this question at its sixty-second session,
under the same agenda item.
50th meeting
14 April 2005
[Resolution adopted by a recorded vote of 37 votes to 13, with 2 abstentions, as follows:
In favour: Argentina, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, India, Indonesia,
Kenya, Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea,
Russian Federation, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Romania, United Kingdom of Great Britain and Northern Ireland, United States of America.
Abstaining: Armenia, Ukraine.
See chap. X, paras. 203 to 210.]
2005/16. Human rights and extreme poverty
The Commission on Human Rights,
Recalling that, in accordance with the Universal Declaration of Human Rights, the
International Covenants on Human Rights recognize that the ideal of free human beings enjoying
freedom from fear and want can be achieved only if conditions are created whereby everyone
may enjoy his or her economic, social and cultural rights, as well as his or her civil and political
rights,
Recalling in particular that article 25 of the Universal Declaration of Human Rights
stipulates that everyone has the right to a standard of living adequate for the health and
well-being of himself and of his or her family, including food, clothing, housing and medical
care and necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond
his/her control,
Recalling also that the eradication of widespread poverty, including its most persistent
forms, and the full enjoyment of economic, social and cultural rights and civil and political rights
remain interrelated goals,
Reaffirming that the promotion of all human rights, including the right to development,
and the elimination of extreme poverty can contribute substantially to the promotion and
consolidation of democracy,

Deeply concerned that extreme poverty persists in all countries of the world, regardless of
their economic, social and cultural situation, and that its extent and manifestations, such as
hunger, trafficking in human beings, disease, lack of adequate shelter, illiteracy and
hopelessness, are particularly severe in developing countries, though acknowledging the
significant progress made in several parts of the world in combating extreme poverty,
Bearing in mind the relevant provisions of the Vienna Declaration and Programme of
Action, adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23),
Recalling in particular that the World Conference reaffirmed that least developed countries
committed to the process of democratization and economic reforms, many of which are in
Africa, should be supported by the international community in order to succeed in their transition
to democracy and economic development,
Reaffirming that the fight against extreme poverty must remain a high priority for the
international community and bearing in mind in this regard the commitments made in the
Copenhagen Declaration on Social Development (A/CONF.166/9, chap. I, resolution 1, annex I)
and the Programme of Action of the World Summit for Social Development (ibid., annex II),
held in March 1995, at the World Summit on Sustainable Development held in Johannesburg,
South Africa, in September 2002, as well as the Declaration on the tenth anniversary of the
World Summit for Social Development (see E/2005/26-E/CN.5/2005/7, chap. I, sect. A), adopted
in February 2005,
Bearing in mind the commitments reaffirmed in the United Nations Millennium
Declaration, particularly to spare no effort to fight against extreme poverty, including the
commitment to halve by 2015 the proportion of the worlds people whose income is less than
one United States dollar a day and the proportion of people who suffer from hunger, and looking
forward to the five-year review of the Declaration to be held in September 2005,
Recalling General Assembly resolution 50/107 of 20 December 1995, in which the
Assembly proclaimed the first United Nations Decade for the Eradication of Poverty
(1997-2006), and the report of the Secretary-General on the implementation of the Decade
(A/59/326),
Bearing in mind the resolutions of the General Assembly on human rights and extreme
poverty, in particular resolution 59/186 of 20 December 2004, and the importance they attach to
giving men and women living in extreme poverty the wherewithal to organize and participate in
all aspects of political, economic and social life,
Recalling the determination of States to eradicate the persistent and increasing burden of
poverty on women, which was reaffirmed during the forty-ninth session of the Commission on
the Status of Women,
Recalling also its resolution 2003/22 of 22 April 2003 on womens equal ownership of,
access to and control over land and the equal rights to own property and to adequate housing,
which recognizes that restrictions on womens equal access to credit and loans, factors
preventing them from owning and inheriting land may contribute to the feminization of poverty,

Stressing the necessity of better understanding the causes and consequences of extreme
poverty,
Stressing also that respect for all human rights, which are indivisible and interdependent,
is crucial to the fight against extreme poverty,
Noting that the United Nations Educational, Scientific and Cultural Organization has
chosen the eradication of poverty as a cross-cutting theme of its strategy for 2002-2007,
1. Reaffirms that:
(a) Extreme poverty and exclusion from society constitute a violation of human
dignity and that urgent national and international action is therefore required to eliminate them;
(b) The right to life encompasses existence in human dignity with the minimum
necessities of life;
(c) The existence of widespread absolute poverty inhibits the full and effective
enjoyment of human rights and makes democracy and popular participation fragile;
(d) Concerted efforts to strengthen and consolidate national democratic institutions
and governance are required in order to address the most pressing social needs of people living
in poverty and to promote respect for human rights and fundamental freedoms;
(e) For peace and stability to prevail, national action and international action and
cooperation are required for the promotion of a better life for all in larger freedom, a critical
element of which is the eradication of poverty;
(f) Political commitment, social justice and equal access to social services are
conditions sine qua non for the eradication of poverty, and welcomes in this connection the fact
that States and international organizations have never been so aware of the urgency of winning
the battle against extreme poverty;
(g) It is essential for States to foster participation by the poorest people in the
decision-making process in the societies in which they live and in the realization of human
rights, and for people living in poverty and vulnerable groups to be empowered to help plan,
implement and evaluate policies that affect them, thus enabling them to become genuine partners
in development;
(h) Special attention must be given to the plight of women, particularly older women
and women heads of household, and children, who often bear the greatest burden of extreme
poverty;
2. Recalls:
(a) The Copenhagen Declaration on Social Development and the Programme of
Action of the World Summit for Social Development;

(b) That, as stated in the Johannesburg Plan of Implementation (A/CONF.199/20 and
Corr.1, chap. I, resolution 2, annex), adopted by the World Summit on Sustainable Development,
good governance within each country and at the international level is essential for sustainable
development; at the domestic level, sound environmental, social and economic policies,
democratic institutions responsive to the needs of the people, the rule of law, anti-corruption
measures, gender equality and an enabling environment for investment are the basis for
sustainable development;
(c) That to ensure the protection of the rights of all individuals, non-discrimination
with regard to the poorest and the full exercise of all human rights and fundamental freedoms,
a better understanding is needed of what is endured by people living in poverty, including
women and children, and that thought must be given to the subject, drawing on the experience
and ideas communicated by the poorest themselves and by those committed to working
alongside them;
3. Recognizes the efforts of developing countries, in particular the commitment
and determination of the African leaders, to seriously address the challenges of poverty,
underdevelopment, marginalization, social exclusion, economic disparities, instability and
insecurity, through initiatives such as the New Partnership for Africas Development and other
innovative mechanisms such as the World Solidarity Fund for the Eradication of Poverty, and
calls upon developed countries, the United Nations and its specialized agencies, as well as the
international financial institutions, to provide, through their operational programmes, new and
additional financial resources, as appropriate, to support these initiatives;
4. Welcomes the increasing number of events associated with the celebration,
on 17 October of each year, of the International Day for the Eradication of Poverty and the
opportunity which these events provide to people and populations living in extreme poverty to
make their voices heard;
5. Expresses its appreciation:
(a) That an integrated approach is being followed by the United Nations system in
addressing the question of extreme poverty;
(b) That the international financial institutions have developed new policies to
strengthen the human and social dimension of their action, and encourages them to continue to
do so;
(c) For the initiatives taken in many countries by national education authorities to
raise awareness among all children and young people of the existence of extreme poverty and of
the urgent need for united action to enable all people, especially the poorest and most vulnerable
in society, to exercise their human rights;
6. Takes note of the report of the independent expert on the question of human rights
and extreme poverty (E/CN.4/2005/49);
7. Takes note of the ongoing work of the Sub-Commission on the Promotion
and Protection of Human Rights in accordance with Commission resolution 2001/31
of 23 April 2001;

8. Calls upon:
(a) The Office of the United Nations High Commissioner for Human Rights to give
high priority to the question of the relationship between extreme poverty and human rights and
invites it to further pursue the work in this area;
(b) The Office of the High Commissioner, the independent expert on extreme poverty
and the Sub-Commission to ensure coordination and coherence of their work, in accordance with
previous Commission resolutions, and to continue, in the most appropriate manner, their
consultations with the poorest, civil society and interested States;
(c) The United Nations to strengthen poverty eradication as a priority throughout the
United Nations system;
9. Urges States and encourages the private sector and international financial and
development institutions, such as the World Bank and regional development banks, to promote
the participation of the most vulnerable individuals or groups, in particular victims of racism,
racial discrimination, xenophobia and related intolerance, in economic, cultural and social
decision-making at all stages, particularly in the development, implementation and assessment of
poverty-alleviation strategies, development projects, and trade and market assistance
programmes;
10. Invites the treaty bodies monitoring the application of human rights instruments,
especially the Committee on Economic, Social and Cultural Rights, the Committee on the Rights
of the Child, the Committee on the Elimination of Discrimination against Women and the
Committee on the Elimination of Racial Discrimination, to take into account, when considering
the reports of States parties, the question of extreme poverty and human rights;
11. Invites the independent expert to pay special attention to the concrete experiences
of involvement by people living in extreme poverty in the political decision-making and social
processes;
12. Also invites the independent expert, in the framework of his ongoing work on
employment and employability, to continue to focus on the various aspects of the link between
human rights and extreme poverty;
13. Requests the independent expert to report to the Commission at its sixty-second
session;
14. Decides to consider this question at its sixty-second session under the same
agenda item.
50th meeting
14 April 2005
[Resolution adopted without a vote.
See chap. X, paras. 211 and 212.]

2005/17. Globalization and its impact on the full enjoyment of all human rights
The Commission on Human Rights,
Guided by the purposes and principles of the Charter of the United Nations, and
expressing in particular the need to achieve international cooperation in promoting and
encouraging respect for human rights and fundamental freedoms for all without distinction,
Reaffirming its resolutions 1999/59 of 28 April 1999, 2001/32 of 23 April 2001,
2002/28 of 22 April 2002, 2003/23 of 22 April 2003 and 2004/24 of 16 April 2004, and
General Assembly resolutions 55/102 of 4 December 2000, 56/165 of 19 December 2001,
57/205 of 18 December 2002, 58/193 of 22 December 2003, 58/225 of 23 December 2003
and 59/184 of 20 December 2004,
Affirming that, while globalization offers great opportunities, at present its benefits are
very unevenly shared and costs unevenly distributed, and that developing countries face special
difficulties in meeting this challenge,
Underlining that the deep fault line between the rich and the poor that divides human
society and the ever-increasing gap between the developed and the developing countries pose a
major threat to global prosperity, security and stability,
Reaffirming the Declaration on the Right to Development, adopted by the
General Assembly in its resolution 41/128 of 4 December 1986,
Reaffirming also the resolve expressed in the United Nations Millennium Declaration to
ensure that globalization becomes a positive force for the people of the world,
Realizing that globalization is not merely an economic process, but that it also has social,
political, environmental, cultural and legal dimensions, which have an impact on the full
enjoyment of all human rights,
Realizing also the need to undertake a thorough, independent and comprehensive
assessment of the social, environmental and cultural impact of globalization on societies,
Recognizing that globalization should be guided by the fundamental principles that
underpin the corpus of human rights, such as equality, participation, accountability,
non-discrimination, at both the national and international levels, respect for diversity, tolerance
and international cooperation and solidarity,
Affirming in this regard that multilateral institutions have a unique role to play in meeting
the challenges and opportunities presented by globalization and also affirming the need for these
institutions to recognize, respect and protect all human rights,
Recalling the setback at the Fifth Ministerial Conference of the World Trade
Organization held in Cancún, Mexico, in September 2003 and stressing the importance of
redoubling efforts in working towards a successful and development-oriented conclusion of the

negotiations of the Fourth Ministerial Conference, held in Doha in November 2001, as set out
in the framework (the July package) agreed in the decision adopted by the General Council
of the World Trade Organization on 1 August 2004 (WT/L/579) and prior to the forthcoming
Sixth Ministerial Conference to be held in the Hong Kong Special Administrative Region,
China,
Recalling the Monterrey Consensus (A/CONF.198/11, chap. I, resolution 1, annex)
adopted by the International Conference on Financing for Development, held in Monterrey,
Mexico, in March 2002 and the Johannesburg Declaration on Sustainable Development
(A/CONF.199/20 and Corr.1, chap. I, resolution 1, annex) adopted by the World Summit on
Sustainable Development in September 2002, and taking note of the Declaration of Principles
and the Plan of Action adopted at the first phase of the World Summit on the Information
Society, held in Geneva in December 2003,
Taking note with appreciation of the São Paulo Consensus (TD/412, part II), adopted by
the United Nations Conference on Trade and Development at its eleventh session held in
São Paulo, Brazil, in June 2004, and recognizing its contribution, in terms of the three pillars of
the mandate of the Conference on consensus-building, research analysis and technical assistance,
towards addressing the growth and developmental challenges faced by the developing countries
in the wake of globalization,
Recalling the report entitled A Fair Globalization: Creating Opportunities for All of
the World Commission on the Social Dimension of Globalization of the International Labour
Organization, as a contribution to the international dialogue towards fully inclusive and equitable
globalization,
Bearing in mind the positive outcome of the high-level seminar on the right to
development entitled Global partnership for development organized by the Office of the
United Nations High Commissioner for Human Rights in Geneva on 9 and 10 February 2004
within the framework of the open-ended working group established to monitor and review
progress made in the promotion and implementation of the right to development,
Welcoming the establishment of the high-level task force, within the framework of the
Working Group on the Right to Development, with the objective of assisting the Working Group
to fulfil its mandate as contained in paragraph 10 (a) of the Commission on Human Rights
resolution 1998/72 of 22 April 1998,
Welcoming also the participation in the task force, at its first meeting, of the
representatives of the United Nations Development Programme, the United Nations Childrens
Fund, the United Nations Conference on Trade and Development, the World Bank, the
International Monetary Fund and the World Trade Organization,
Underlining the focus on globalization in the future work of the Sub-Commission on the
Promotion and Protection of Human Rights, as reflected in the report of the Chairperson of the
Sub-Commission at its fifty-fourth session (E/CN.4/2003/94), and requesting the
Sub-Commission to intensify further its work in this area,

Deeply concerned at the inadequacy of measures to narrow the widening gap between the
developed and the developing countries, which adversely affects the full enjoyment of human
rights, particularly in the developing countries,
Underlining the shared responsibility to assist countries and peoples excluded from or
disadvantaged by globalization,
1. Recognizes that, while globalization, by its impact on, inter alia, the role of the
State, may affect human rights, the promotion and protection of all human rights is first and
foremost the responsibility of the State;
2. Reaffirms that, in addition to States separate responsibilities to their individual
societies, they have a collective responsibility to uphold the principles of human dignity, equality
and equity at the global level as an essential element in the construction and shaping of an ethical
foundation for globalization;
3. Also reaffirms the commitment to create an enabling environment, at both the
national and international levels, that is conducive to development and to the elimination of
poverty through, inter alia, good governance within each country and at the international level,
transparency and accountability in the financial, monetary and trading systems, including in the
private sector and transnational corporations, and the commitment to an open, equitable,
rule-based, predictable and non-discriminatory multilateral trading and financial system to
ensure that there is greater complementarity between the basic tenets of international trade law
and international human rights law;
4. Further reaffirms that the right to development is an inalienable human right by
virtue of which every human person and all peoples are entitled to participate in, contribute to
and enjoy economic, social, cultural and political development in which all human rights and
fundamental freedoms can be fully realized;
5. Recognizes that implementation of the Millennium Declaration and attainment of
international development goals as identified at United Nations and world conferences, and of
the Millennium Development Goals will contribute to the progressive realization of the right to
development;
6. Notes with appreciation that the high-level task force established within the
framework of the Working Group on the Right to Development at its next meeting will examine
Millennium Development Goal 8 on global partnership for development and suggest criteria for
its periodic evaluation aimed at improving the effectiveness of global partnership with regard to
the realization of the right to development;
7. Strongly urges the international community, at the High-Level Plenary Meeting to
be held at the commencement of the sixtieth session of the General Assembly, to take stock of
the slow progress with regard to the Millennium Development Goals, with a view to taking all
necessary and appropriate measures, including enhanced official development assistance, the
search for a durable solution to the external debt problem, market access, capacity-building, and
dissemination of knowledge and technology, in order to achieve successful integration of
developing countries in the global economy;

8. Underlines the importance of coherence between national and international efforts
and between the international monetary, financial and trading systems as being fundamental to
sound global economic governance;
9. Emphasizes that development should be at the centre of the international
economic agenda and that coherence between national development strategies, on the one hand,
and international obligations and commitments, on the other, will contribute to the creation of an
enabling environment for development;
10. Stresses the need to broaden and strengthen the participation of developing
countries in international economic decision-making and norm-setting with a view to ensuring
equitable distribution of growth and development gains in a globalizing world economy;
11. Recognizes that only through broad and sustained efforts, including policies and
measures at the global level to create a shared future based upon our common humanity in all its
diversity, can globalization be made fully inclusive and equitable and have a human face, thus
contributing to the full enjoyment of all human rights;
12. Takes note with appreciation of the analytical study on the fundamental
principle of participation in the context of globalization (E/CN.4/2005/41) submitted by the
United Nations High Commissioner for Human Rights, as requested in paragraph 8 of
Commission resolution 2004/24, and in this regard requests the High Commissioner
to bring the report to the attention of the World Trade Organization and other
relevant international organizations with a view to operationalizing its conclusions and
recommendations;
13. Requests the High Commissioner to invite organs and bodies of the
United Nations and other relevant multilateral bodies and international organizations, including
the World Trade Organization, to consider, within their mandates, the report of the World
Commission on the Social Dimension of Globalization;
14. Underlines that, in the absence of a framework based on the fundamental
principles that underpin the corpus of human rights, such as equality, participation,
accountability, non-discrimination, respect of diversity, tolerance and international cooperation
and solidarity, globalization will continue on its asymmetrical course;
15. Underlines once again the need for the treaty bodies, special rapporteurs/
representatives, independent experts and working groups of the Commission, within their
mandates and where appropriate, to take into consideration the content of the present resolution
and the report of the High Commissioner entitled Globalization and its impact on the full
enjoyment of human rights (E/CN.4/2002/54);
16. Decides to consider this issue again at its sixty-second session.
50th meeting
14 April 2005

[Resolution adopted by a recorded vote of 38 votes to 15, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, India, Indonesia,
Kenya, Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States
of America.
Abstaining: None.
See chap. X, paras. 213 to 217.]
2005/18. The right to food
The Commission on Human Rights,
Recalling the Universal Declaration of Human Rights, which provides that everyone has
the right to a standard of living adequate for her/his health and well-being, including food,
Recalling also the provisions of the International Covenant on Economic, Social and
Cultural Rights in which the fundamental right of every person to be free from hunger is
recognized,
Recalling further the Universal Declaration on the Eradication of Hunger and
Malnutrition as well as the United Nations Millennium Declaration,
Bearing in mind the Rome Declaration on World Food Security and the Plan of Action of
the World Food Summit, held in Rome from 13 to 17 November 1996, and bearing in mind also
the Declaration of the World Food Summit: five years later - International Alliance against
Hunger, held in Rome from 10 to 13 June 2002,
Welcoming the concrete recommendations contained in the Voluntary Guidelines
to Support the Progressive Realization of the Right to Adequate Food in the Context of
National Food Security (E/CN.4/2005/131, annex), adopted by the Council of the Food and
Agriculture Organization of the United Nations,
Reaffirming that all human rights are universal, indivisible and interdependent and
interrelated,
Recalling all its previous resolutions in this regard, in particular resolution 2004/19
of 16 April 2004,
Recognizing that the problem of hunger and food insecurity has global dimensions and
that they are likely to persist and even to increase dramatically in some regions unless urgent,
determined and concerted action is taken, given the anticipated increase in the worlds
population and the strain on natural resources,

Reaffirming that a peaceful, stable and enabling political, social and economic
environment, both at a national and an international level, is the essential foundation which will
enable States to give adequate priority to food security and poverty eradication,
Reiterating, as did the Rome Declaration as well as the Declaration of the World Food
Summit: five years later, that food should not be used as an instrument of political or economic
pressure, and reaffirming in this regard the importance of international cooperation and
solidarity, as well as the necessity of refraining from unilateral measures not in accordance with
international law and the Charter of the United Nations which endanger food security,
Convinced that each State must adopt a strategy consistent with its resources and
capacities to achieve its individual goals in implementing the recommendations contained in the
Rome Declaration and Plan of Action of the World Summit and, at the same time, cooperate
regionally and internationally in order to organize collective solutions to global issues of food
security in a world of increasingly interlinked institutions, societies and economies, where
coordinated efforts and shared responsibilities are essential,
Stressing the importance of reversing the continuing decline of official development
assistance devoted to agriculture and rural development, both in real terms and as a share of total
official development assistance,
Expressing its deep concern at the number and scale of natural disasters, diseases and
agricultural pests and their increasing impact in recent years, which have resulted in a massive
loss of life and livelihood and threatened agricultural production and food security, in particular
in developing countries,
Welcoming the solidarity and humanity expressed by the international community
towards the victims and the Governments of the States that suffered huge losses of life and
socio-economic and environmental damage as a result of the unprecedented tsunami disaster that
struck the Indian Ocean and South-East Asian region on 26 December 2004,
1. Reaffirms that hunger constitutes an outrage and a violation of human dignity and,
therefore, requires the adoption of urgent measures at the national, regional and international
levels for its elimination;
2. Also reaffirms the right of everyone to have access to safe and nutritious food,
consistent with the right to adequate food and the fundamental right of everyone to be free from
hunger so as to be able fully to develop and maintain their physical and mental capacities;
3. Considers it intolerable that there are around 852 million undernourished people
in the world, that every five seconds a child under the age of five dies, directly or indirectly, of
hunger or hunger-related disease somewhere in the world and that one person loses his/her
eyesight every four minutes as a result of a lack of vitamin A when, according to the Food and
Agriculture Organization of the United Nations, the planet could produce enough food to
provide 2,100 kilocalories per person per day to 12 billion people, twice the worlds present
population;

4. Expresses its concern that women are disproportionately affected by hunger, food
insecurity and poverty, in part as a result of gender inequality, that in many countries girls are
twice as likely as boys to die from malnutrition and preventable childhood diseases and that it is
estimated that almost twice as many women as men suffer from malnutrition and, in that sense,
encourages the Special Rapporteur on the right to food to continue mainstreaming a gender
perspective in the fulfilment of his mandate;
5. Stresses the need to make efforts to mobilize and optimize the allocation and
utilization of technical and financial resources from all sources, including external debt relief for
developing countries, to reinforce national actions to implement sustainable food security
policies;
6. Recognizes that the promises made at the World Food Summit in 1996 to halve
the number of undernourished persons are not being fulfilled and that, on the contrary, global
hunger increased yet again this year, and invites once again all international financial and
developmental institutions, as well as the relevant United Nations agencies and funds, to give
priority and provide necessary funding to help realize the aim to halve by the year 2015 the
proportion of people who suffer from hunger, as well as to realize the right to food;
7. Encourages all States to take steps with a view to achieving progressively the full
realization of the right to food, including steps to promote the conditions for everyone to be free
from hunger and as soon as possible enjoy fully the right to food, as well as to elaborate and
adopt national plans to combat hunger;
8. Requests all States and private actors, as well as international organizations within
their respective mandates, to take fully into account the need to promote the effective realization
of the right to food for all, including in the ongoing negotiations in different fields;
9. Takes note of the report of the Special Rapporteur on the right to food
(E/CN.4/2005/47 and Add.1 and 2) and also takes note of his valuable work in the promotion
of the right to food in all parts of the world;
10. Calls upon all Governments to cooperate with and assist the Special Rapporteur
in his task, to supply all necessary information requested by him and to give serious
consideration to responding favourably to the Special Rapporteurs requests to visit their
countries, so as to enable him to fulfil his mandate even more effectively;
11. Requests the United Nations High Commissioner for Human Rights to provide all
necessary human and financial resources for the effective fulfilment of the mandate of the
Special Rapporteur;
12. Welcomes the work already done by the Committee on Economic, Social and
Cultural Rights in promoting the right to adequate food, in particular its general comment
No. 12 (1999) on the right to adequate food (article 11 of the International Covenant on
Economic, Social and Cultural Rights), in which the Committee affirmed, inter alia, that the
right to adequate food is indivisibly linked to the inherent dignity of the human person and is
indispensable for the fulfilment of other human rights enshrined in the International Bill of

Human Rights and is also inseparable from social justice, requiring the adoption of appropriate
economic, environmental and social policies, at both the national and international levels,
oriented to the eradication of poverty and the fulfilment of all human rights for all;
13. Recalls general comment No. 15 (2002) on the right to water (articles 11 and 12
of the Covenant) adopted by the Committee on Economic, Social and Cultural Rights, in which
the Committee notes, inter alia, the importance of ensuring sustainable water resources for
human consumption and agriculture in the realization of the right to adequate food;
14. Welcomes the meeting of world leaders for action against hunger and poverty,
convened by the Presidents of Brazil, Chile and France and the Prime Minister of Spain, with the
support of the Secretary-General, and the resulting New York Declaration on Action against
Hunger and Poverty, which has been supported by more that one hundred countries to date, and
recommends the continuation of efforts aimed at identifying additional sources of financing for
the fight against hunger and poverty;
15. Also welcomes the adoption by the Council of the Food and Agriculture
Organization of the United Nations of the Voluntary Guidelines to Support the Progressive
Realization of the Right to Adequate Food in the Context of National Food Security, which
marks an important step in the progress towards the promotion, protection and implementation of
human rights for all;
16. Requests the Special Rapporteur to submit an interim report to the
General Assembly at its sixtieth session and to report to the Commission at its
sixty-second session on the implementation of the present resolution;
17. Invites Governments, relevant United Nations agencies, funds and programmes,
treaty bodies, civil society actors, including non-governmental organizations, as well as the
private sector, to cooperate fully with the Special Rapporteur in the fulfilment of his mandate,
inter alia through the submission of comments and suggestions on ways and means of realizing
the right to food;
18. Decides to continue its consideration of this matter at its sixty-second session,
under the same agenda item.
50th meeting
14 April 2005
[Resolution adopted by a recorded vote of 52 votes to 1, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany,
Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania,
Mexico, Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania,
Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of
Great Britain and Northern Ireland, Zimbabwe.
Against: United States of America.
Abstaining: None.
See chap. X, paras. 218 to 222.]

2005/19. Effects of economic reform policies and foreign debt on the full enjoyment
of all human rights
The Commission on Human Rights,
Recalling its previous resolutions on this matter, in particular resolution 2004/18
of 16 April 2004,
Recalling also that the purpose of the Universal Declaration of Human Rights is the
full promotion and protection of human rights and fundamental freedoms, that 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 in the United Nations Millennium
Declaration all States resolved to respect fully and uphold the Universal Declaration of
Human Rights,
Stressing that 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,
Emphasizing that the World Conference on Human Rights agreed to call upon the
international community to make all efforts to help alleviate the external debt burden of
developing countries in order to supplement the efforts of the Governments of such countries to
attain the full realization of economic, social and cultural rights of their people,
Stressing the determination expressed in the Millennium Declaration to deal
comprehensively and effectively with the debt problems of low- and middle-income developing
countries, through various national and international measures designed to make their debt
sustainable in the long term,
Noting that the total debt stock of the developing countries rose from 1,421 billion
United States dollars in 1990 to 2,384 billion dollars in 2002,
Noting also that, in 2002, developing countries as a whole made net outward transfers of
financial resources for the sixth consecutive year,
Acknowledging that there is greater acceptance that the increasing debt burden faced by
the most indebted developing countries, in particular the least developed countries, is
unsustainable and constitutes one of the principal obstacles to achieving progress in
people-centred sustainable development and poverty eradication and that for many developing
countries, as well as countries with economies in transition, excessive debt servicing has severely
constrained their capacity to promote social development and provide basic services to realize
economic, social and cultural rights,
Expressing its concern that, despite repeated rescheduling of debt, developing countries
continue to pay out more each year than the actual amount they receive in official development
assistance,

Affirming that the debt burden further complicates the numerous problems facing
developing countries, contributes to extreme poverty, is an obstacle to sustainable human
development and is thus a serious impediment to the realization of all human rights,
1. Takes note with appreciation of the report of the independent expert on the effects
of structural adjustment policies and foreign debt on the full enjoyment of human rights,
particularly economic, social and cultural rights (E/CN.4/2005/42 and Add.1), and stresses that
structural adjustment reform programmes have serious implications for the ability of the
developing countries to abide by the Declaration on the Right to Development and to formulate
national development policies that aim to improve the economic, social and cultural rights of
their citizens;
2. Welcomes the proposals of the independent expert for elements of basic principles
and for action at the national and international levels in the development of draft general
guidelines to be followed by States and by private and public, national and international financial
institutions in the decision-making on and execution of debt repayments and structural reform
programmes, including those arising from foreign debt relief, and encourages the independent
expert to continue to take into account in this regard the relevant past and new initiatives of the
General Assembly, the Sub-Commission on the Promotion and Protection of Human Rights and
the Commission on Human Rights;
3. Recalls that every State has the primary responsibility to promote the economic,
social and cultural development of its people, and to this end has the right and responsibility to
choose its means and goals of development and should not be subject to external specific
prescriptions for economic policy;
4. Recognizes that the structural adjustment reform programmes limit public
expenditure, imposing fixed expenditure ceilings and give inadequate attention to the provision
of social services, and that only a few countries manage to achieve sustainable higher growth
under these programmes;
5. Expresses its concern at the fact that the options for macroeconomic policy of
developing countries are constrained by demands for adjustment and that many countries,
particularly in sub-Saharan Africa, still carry very high external debt burdens relative to their
gross national product;
6. Also expresses its concern that the level of implementation and the reduction of
the overall debt stock under the enhanced Heavily Indebted Poor Countries Initiative are still
low, and that the Initiative is not intended to offer a comprehensive solution to the long-term
debt burden;
7. Reiterates its conviction that for the heavily indebted poor countries to achieve
debt sustainability, long-term growth and poverty reduction goals, the debt relief under the
Initiative will not be sufficient and that additional resource transfers in the form of grants and
concessional loans, as well as removal of trade barriers and better prices for their exports, would
be required to ensure sustainability and permanent exit from debt overhang;

8. Regrets the absence of mechanisms to find appropriate solutions to the
unsustainable foreign debt burden of middle-income and low-income heavily indebted countries,
and that until now there has been little headway made in redressing the unfairness of the current
system of debt resolution, which continues to place the interests of the lenders above those of
indebted countries and the poor within them, and therefore calls for an intensification of efforts
to devise effective and equitable mechanisms to cancel or reduce substantially the foreign debt
burden of all developing countries, in particular those severely affected recently by the
devastation of natural disasters, such as tsunamis and hurricanes, as well as by armed conflicts;
9. Acknowledges that in the least developed countries and in several low- and
middle-income countries unsustainable levels of external debt continue to create a considerable
barrier to economic and social development and increase the risk that the Millennium
Development Goals regarding development and poverty reduction will not be attained;
10. Recognizes that debt relief can play a key role in liberating resources that should
be directed towards activities consistent with attaining sustainable growth and development,
including poverty reduction and the achievement of the development goals, including those set
out in the United Nations Millennium Declaration, and therefore that debt relief measures, where
appropriate, should be pursued vigorously and expeditiously, ensuring that they do not replace
alternative sources of financing and that they are accompanied by an increase in official
development assistance;
11. Recalls once again the call on industrialized countries, as expressed in the
Millennium Declaration, to implement the enhanced programme of debt relief for the heavily
indebted poor countries without further delay and to agree to cancel all official bilateral debts of
those countries in return for their making demonstrable commitments to poverty reduction;
12. Urges the international community, including the United Nations system, and the
Bretton Woods institutions, as well as the private sector, to take appropriate measures and
actions for the implementation of the pledges, commitments, agreements and decisions of the
major United Nations conferences and summits, including the Millennium Summit, the
World Conference on Human Rights, the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, the World Conference on Sustainable
Development and the International Conference on Financing for Development, in particular
those relating to the question of the external debt problem of developing countries, in particular
of heavily indebted poor countries, least developed countries and countries with economies in
transition;
13. Recalls the pledge, contained in the Political Declaration contained in the annex
to resolution S-24/2, adopted on 1 July 2000 by the General Assembly at its twenty-fourth
special session, to find effective, equitable, development-oriented and durable solutions to the
external debt and debt-servicing burdens of developing countries;
14. Stresses the need for the economic reform programmes arising from foreign debt
to be country-driven and for any negotiations and conclusion of debt relief and new loan
agreements to be formulated with public knowledge and transparency, with legislative
frameworks, institutional arrangements and mechanisms for consultation being established to
ensure the effective participation of all components of society, including peoples legislative
bodies and human rights institutions, and particularly of the most vulnerable or disadvantaged, in

the design, application and evaluation of strategies, policies and programmes, as well as in the
follow-up to and systematic national supervision of their implementation, and for
macroeconomic and financial policy issues to be integrated, on an equal footing and in a
consistent way, in the realization of the broader social development goals, taking into account
the national context and the priorities and needs of the debtor countries to allocate resources in a
way that ensures balanced development conducive to the overall realization of human rights;
15. Also stresses that the economic reform programmes arising from foreign debt
should maximize the policy space of developing countries in pursuing their national
development efforts, taking into account the views of relevant stakeholders in a way that ensures
balanced development conducive to overall realization of all human rights;
16. Further stresses that the economic programmes arising from foreign debt relief
and cancellation must not reproduce past structural adjustment policies that have not worked,
such as dogmatic demands for privatization and reduced public services;
17. Calls upon States, the International Monetary Fund and the World Bank to
continue to cooperate closely to ensure that additional resources made available through the
Heavily Indebted Poor Countries Initiative, the Global Fund to Fight AIDS, Tuberculosis and
Malaria and other new initiatives are absorbed in the recipient countries without affecting the
ongoing programmes;
18. Reaffirms that the exercise of the basic rights of the people of debtor countries to
food, housing, clothing, employment, education, health services and a healthy environment
cannot be subordinated to the implementation of structural adjustment policies, growth
programmes and economic reforms arising from the debt;
19. Requests the independent expert to explore further, in his analytical annual report
to the Commission, the interlinkages with trade and other issues, including HIV/AIDS, when
examining the impact of structural adjustment and foreign debt and also to contribute, as
appropriate, to the process entrusted with the follow-up to the International Conference on
Financing for Development, with a view to bringing to its attention the issue of the effects of
structural adjustment and foreign debt on the enjoyment of human rights, particularly economic,
social and cultural rights;
20. Recalls its requests to the independent expert, in the discharge of his mandate, to
present to the Commission at its sixty-second session a final draft of general guidelines to be
followed by States and by private and public, national and international financial institutions in
the decision-making on and execution of debt repayments and structural reform programmes,
including those arising from foreign debt relief, to ensure that compliance with the commitments
derived from foreign debt will not undermine the obligations for the realization of fundamental
economic, social and cultural rights, as provided for in the international human rights
instruments;
21. Requests the independent expert to seek the views and suggestions of States,
international organizations, United Nations agencies, funds and programmes, regional economic
commissions, international and regional financial institutions and non-governmental
organizations on the draft general guidelines and his proposal of possible elements for
consideration and urges them to respond to his requests;

22. Decides to convene an expert consultation of three working days with the
participation of experts from the United Nations Development Programme, the United Nations
Population Fund, the United Nations Conference on Trade and Development, the Food and
Agriculture Organization of the United Nations, the International Labour Organization, the
World Health Organization and other relevant United Nations agencies, the Committee on
Economic, Social and Cultural Rights, the regional economic commissions, the international
financial institutions, the special rapporteurs on economic, social and cultural rights, creditor and
debtor States and non-governmental organizations to contribute to the independent experts work
to finalize the draft general guidelines;
23. Also decides to replace the phrase effects of structural adjustment policies by
effects of economic reform policies in the title of the mandate of this current special
procedure;
24. Encourages the independent expert to continue to cooperate, in accordance with
his mandate, with the Committee on Economic, Social and Cultural Rights, special rapporteurs,
independent experts and members of the expert working groups of the Commission and the
Sub-Commission related to economic, social and cultural rights and the right to development, in
his work towards the elaboration of the draft general guidelines;
25. Requests the independent expert to report to the General Assembly on the issue of
the effects of economic reform policies and foreign debt on the full enjoyment of human rights,
particularly economic, social and cultural rights;
26. Also requests the independent expert to exchange views with the
Sub-Commission expert charged with preparing a working paper on the effects of debt on human
rights;
27. Requests the Secretary-General to provide the independent expert with all
necessary assistance, in particular the staff and resources required to carry out his functions, as
well as to facilitate his participation in and contribution to the follow-up process of the
International Conference on Financing for Development, including in the multi-stakeholder
consultations to be organized in 2005 on issues relevant to his mandate;
28. Urges Governments, international organizations, international financial
institutions, non-governmental organizations and the private sector to cooperate fully with the
independent expert in the discharge of his mandate;
29. Urges States, international financial institutions and the private sector to take
urgent measures to alleviate the debt problem of those developing countries particularly affected
by HIV/AIDS, so that more financial resources can be released and used for health care, research
and treatment of the population in the affected countries;
30. Reiterates its view that, in order to find a durable solution to the debt problem and
for the consideration of any new debt resolution mechanism, there is a need for a broad political
dialogue between creditor and debtor countries and the multilateral financial institutions, within
the United Nations system, based on the principle of shared interests and responsibilities;

31. Reiterates its request to the United Nations High Commissioner for
Human Rights to pay more attention to the problem of the debt burden of developing countries,
in particular of the least developed countries, and especially the social impact of the measures
arising from foreign debt;
32. Decides to continue the consideration of this matter at its sixty-second session
under the same agenda item.
50th meeting
14 April 2005
[Resolution adopted by a recorded vote of 33 votes to 14, with 6 abstentions, as follows:
In favour: Argentina, Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Dominican Republic, Ecuador,
Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, India, Indonesia, Kenya, Malaysia, Mauritania,
Nepal, Nigeria, Pakistan, Qatar, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland,
Togo, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, United Kingdom of Great Britain and Northern Ireland, United States of America.
Abstaining: Armenia, Costa Rica, Mexico, Paraguay, Peru, Ukraine.
See chap. X, paras. 223 to 227.]
2005/20. Promotion of the enjoyment of the cultural rights of everyone and respect
for different cultural identities
The Commission on Human Rights,
Recalling the Charter of the United Nations, the Universal Declaration of Human Rights
and the International Covenant on Economic, Social and Cultural Rights, as well as other
pertinent human rights instruments,
Recalling also its resolution 2004/20 of 16 April 2004,
Noting that numerous declarations within the United Nations system promote respect for
cultural diversity, as well as for international cultural cooperation, in particular the Declaration
of the Principles of International Cultural Cooperation and the United Nations Educational,
Scientific and Cultural Organization Universal Declaration on Cultural Diversity, adopted by its
General Conference in 1966 and 2001 respectively,
Emphasizing the responsibilities of all States, in conformity with the Charter of the
United Nations, to develop and encourage respect for human rights and fundamental freedoms
for all, without distinction as to race, sex, language or religion,
Stressing the importance of the promotion of the cultural rights of everyone and of
respect for different cultural identities,

Convinced that international cooperation in promoting and encouraging respect for
human rights and fundamental freedoms for all should be based on a profound understanding of
the variety of problems existing in different societies, on full respect for their economic, social
and cultural realities and on the full realization and recognition of the universality of all human
rights and the principles of freedom, justice, equality and non-discrimination,
Reaffirming the interdependence and the mutually reinforcing nature of democracy,
development and respect for human rights and fundamental freedoms,
Reaffirming also that cultural diversity is a cherished asset for the advancement and
welfare of humanity at large and should be valued, enjoyed, genuinely accepted and embraced as
a permanent feature which enriches our societies,
Recalling the Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property, adopted on 14 November 1970 by the
General Conference of the United Nations Educational, Scientific and Cultural Organization, and
the Convention on Stolen or Illegally Exported Cultural Objects, adopted on 24 June 1995 by the
International Institute for the Unification of Private Law,
Aware of the importance attached by the countries of origin to the return of cultural
property which is of fundamental spiritual and cultural value to them, so that they may constitute
collections representative of their cultural heritage,
Expressing its concern about the illicit traffic of cultural property and its damage to the
cultural heritage of nations,
Expressing its determination to prevent and mitigate cultural homogenization in the
context of globalization, through increased intercultural exchange guided by the promotion and
protection of cultural diversity,
1. Reaffirms that cultural rights are an integral part of human rights, which are
universal, indivisible and interdependent;
2. Reiterates that everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its benefits;
3. Also reiterates that everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or artistic production of which he/she is
the author;
4. Affirms that each culture has a dignity and value which must be respected and
preserved and that every people has the right and the duty to develop its culture;
5. Recognizes that States have the primary responsibility for the promotion of the
full enjoyment of cultural rights by everyone and for the enhancement of respect for different
cultural identities;
6. Stresses that cultural cooperation shall contribute to the establishment of stable,
long-term relations between peoples, which should be subjected as little as possible to the strains
which may arise in international life;

7. Recognizes that the promotion and protection of the full enjoyment of cultural
rights by everyone and the respect for different cultural identities are vital elements for the
protection of cultural diversity in the context of the ongoing process of globalization;
8. Reaffirms that all peoples have the right of self-determination, by virtue of which
they freely determine their political status and freely pursue their economic, social and cultural
development;
9. Underlines the importance of cultural cooperation for all peoples and all nations,
which should share with one another their knowledge and skills, and that international
cooperation, while promoting the enrichment of all cultures through its beneficent action, should
respect the distinctive character of each;
10. Emphasizes that cultural cooperation is especially concerned with the moral and
intellectual education of young people in a spirit of friendship, international understanding and
peace and should foster awareness among States of the need to stimulate talent and promote the
training of the rising generations in the most varied sectors;
11. Recognizes that the promotion and protection of cultural diversity imply a
commitment to human rights and fundamental freedoms guaranteed by international law and
advances the application and the enjoyment of cultural rights by everyone;
12. Also recognizes that broad dissemination of ideas and knowledge, based on the
freest exchange and discussion, is essential to creative activity, the pursuit of truth and the
development of the personality of everyone and the identity of all peoples;
13. Further recognizes that the promotion of the cultural rights of everyone, of
respect for the distinct cultural identities of peoples and of protection of the cultural diversity of
humanity advances the implementation and enjoyment of all human rights by all;
14. Stresses that, in the face of current imbalances in flows and exchanges of cultural
goods and services at the global level, it is necessary to reinforce international cooperation and
solidarity aimed at enabling all countries, especially developing countries and countries in
transition, to establish cultural industries that are viable and competitive at national and
international levels;
15. Underlines that market forces alone cannot guarantee the preservation and
promotion of cultural diversity, which is the key to sustainable human development, and from
this perspective recognizes that the pre-eminence of public policy, in partnership with the private
sector and civil society, must be reaffirmed;
16. Calls upon States and intergovernmental and non-governmental organizations to
take appropriate measures and action for the implementation of the present resolution;
17. Expresses its appreciation to States and intergovernmental and non-governmental
organizations that responded to the consultations held pursuant to its resolutions 2002/26
of 22 April 2002, 2003/26 of 22 April 2003 and 2004/20;

18. Underlines that those consultations highlighted the importance for the
Commission to enhance the visibility and understanding of cultural rights and the issue of
cultural diversity, and confirmed support for the concept that the creation of a thematic
procedure could contribute to the achievement of that objective;
19. Reaffirms that the objective of the establishment of a thematic procedure on the
promotion of the enjoyment of the cultural rights of everyone and respect for different cultural
identities is not to develop a new monitoring mechanism, but to appoint an independent expert
who could elaborate concrete proposals and recommendations on the implementation of the
present resolution, taking into account the work already done in this field by other bodies, organs
and organizations of the United Nations system;
20. Requests the United Nations High Commissioner for Human Rights to consult
States and intergovernmental and non-governmental organizations on the particularities and
scope of the mandate of an independent expert on the promotion of the enjoyment of the cultural
rights of everyone and respect for different cultural identities, the basis of which would be the
comprehensive implementation of the present resolution, and to report on the results of those
consultations to the Commission at its sixty-second session;
21. Underlines that it is important to avoid overlapping with the activities of the
United Nations Educational, Scientific and Cultural Organization and other bodies and
organizations of the United Nations system when establishing the mandate of the independent
expert and to bear in mind the significance of encouraging synergy between all actors dealing
with cultural rights and the issue of cultural diversity;
22. Decides to continue its consideration of this matter at its sixty-second session,
under the same agenda item.
50th meeting
14 April 2005
[Resolution adopted by a recorded vote of 39 votes to 1, with 13 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, India, Indonesia,
Kenya, Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, Zimbabwe.
Against: United States of America.
Abstaining: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, United Kingdom of Great Britain and Northern Ireland.
See chap. X, paras. 228 to 233.]
2005/21. The right to education
The Commission on Human Rights,
Recalling its previous resolutions on the right to education, inter alia, resolution 2004/25
of 16 April 2004,

Recalling also that everyone shall enjoy the human right to education, which is
enshrined, inter alia, in the Universal Declaration of Human Rights, the International Covenant
on Economic, Social and Cultural Rights, the International Convention on the Elimination of All
Forms of Racial Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the Child,
Recalling further the Convention against Discrimination in Education adopted on
14 December 1960 by the United Nations Educational, Scientific and Cultural Organization,
which prohibits any discrimination that has the purpose or effect of nullifying or impairing
equality of treatment in education,
Bearing in mind the relevant provisions of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities adopted by the
General Assembly on 18 December 1992,
Recalling the Dakar Framework for Action adopted at the World Education Forum, held
in Dakar in April 2000, and the goals agreed upon at its adoption,
Recalling also that in the United Nations Millennium Declaration, it is resolved that
children everywhere, boys and girls alike, will be able to complete a full course of primary
schooling and that girls and boys will have equal access to all levels of education by 2015, and
emphasizing the importance of realizing the right to education in attaining the Millennium
Development Goals,
Affirming that the realization of the right to education, especially for girls, contributes to
the eradication of poverty,
Welcoming the attention given to education in the Durban Declaration and Programme of
Action adopted in September 2001 by the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance,
Recalling the outcome document of the twenty-seventh special session of the
General Assembly on children, entitled A world fit for children, annexed to its
resolution S-27/2 of 10 May 2002, and its emphasis on education as a human right and the
provision of quality education as a key factor in reducing poverty and child labour and
promoting democracy, peace, tolerance and development,
Deeply concerned that some 120 million children, two thirds of whom are girls, have no
access to education,
Recognizing the important role that educational institutions can play in preventing and
detecting all forms of abuse and physical or mental violence against children,
Affirming that good governance and the rule of law will assist all States to promote and
protect human rights, including the right to education,
Bearing in mind the need for adequate financial resources so that everyone can realize
their right to education, and the importance in this regard of national resource mobilization, as
well as international cooperation,

1. Welcomes the report of the Special Rapporteur on the right to education
(E/CN.4/2005/50) and the report of the Secretary-General on economic, social and cultural rights
(E/CN.4/2005/39);
2. Notes with interest the work carried out by the Committee on Economic, Social
and Cultural Rights and the Committee on the Rights of the Child in the promotion of the right to
education, notably general comments No. 11 (1999) on plans of action for primary education
(art. 14 of the International Covenant on Economic, Social and Cultural Rights) and
No. 13 (1999) on the right to education (art. 13 of the Covenant), adopted by the Committee on
Economic, Social and Cultural Rights, general comment No. 1 (2001) of the Committee on the
Rights of the Child on the aims of education (art. 29, para. 1, of the Convention on the Rights of
the Child) and the recommendations concerning the right to education issued as a result of the
day of general discussion on implementing child rights in early childhood, adopted by that
Committee at its thirty-seventh session (see CRC/C/143, chap. VII);
3. Welcomes the proclamation by the General Assembly of the World Programme
for Human Rights Education, which began on 1 January 2005, and the continued progress of the
United Nations Literacy Decade launched on 13 February 2003;
4. Commends the collaboration between the United Nations Educational, Scientific
and Cultural Organization and the Office of the United Nations High Commissioner for Human
Rights;
5. Welcomes the second meeting of the Joint Expert Group of the United Nations
Educational, Scientific and Cultural Organization and the Committee on Economic, Social and
Cultural Rights on the Monitoring of the Right to Education, held in May 2004 to continue
discussions on how collaboration between the United Nations Educational, Scientific and
Cultural Organization and the Economic and Social Council in monitoring and promoting the
right to education could be further strengthened, and encourages continued collaboration
between these two bodies;
6. Also welcomes the contribution of the United Nations Childrens Fund, as well as
that of the United Nations Educational, Scientific and Cultural Organization, towards attaining
the Millennium Development Goal of eliminating gender disparity in primary and secondary
education, preferably by 2005, and at all levels of education no later than 2015, especially in the
twenty-five countries that are experiencing the greatest difficulties in meeting the target;
7. Urges all States:
(a) To give full effect to the right to education and to guarantee that this right is
recognized and exercised without discrimination of any kind;
(b) To take all appropriate measures to eliminate obstacles limiting effective access to
education, notably by girls, including pregnant girls, children living in rural areas, children
belonging to minority groups, indigenous children, migrant children, refugee children, internally
displaced children, children affected by armed conflicts, children with disabilities, children
affected by infectious diseases, including HIV/AIDS, sexually exploited children, children
deprived of their liberty, children living in the street, working children and orphaned children:

??Taking all necessary legislative measures to prohibit explicitly discrimination in
education on the basis of race, colour, descent, national, ethnic or social origin, sex,
language, religion, political or other opinion, property, disability, birth or other status
which has the purpose or effect of nullifying or impairing equality of treatment in
education;
(c) To improve all aspects of the quality of education aimed at ensuring excellence of
all so that recognized and measurable learning outcomes are achieved by all, especially in
literacy, numeracy and essential life skills, and, in this regard, to emphasize the development of
quality indicators and monitoring instruments, to promote a sound school environment, school
health, education on reproductive health issues, preventive education against HIV/AIDS and
drug abuse, and science and technology education, and to carry out surveys and build up a
knowledge base in order to provide advice on the use of information and communication
technologies in education;
(d) To promote the renewal and expansion of basic formal education of good quality,
which includes both early childhood care and education and primary education, using inclusive
and innovative approaches to increase access and attendance for all, for example by providing a
minimum monthly income to the families of poor children attending school on a regular basis or
free meals for children attending school;
(e) To mainstream human rights education in educational activities, in order to
strengthen respect for human rights and fundamental freedoms;
(f) To enhance the status, morale and professionalism of teachers and to address
shortages of qualified teachers;
(g) To recognize and promote lifelong learning for all, both in formal and in informal
settings;
(h) To ensure progressively and on the basis of equal opportunity that primary
education is compulsory, accessible and available free to all;
(i) To adopt all necessary measures to close the gap between the school-leaving age
and the minimum age for employment, including by raising the minimum age for employment
and/or raising the school-leaving age when necessary, and to ensure access to free basic
education and, wherever possible and appropriate, vocational training for all children liberated
from the worst forms of child labour;
(j) To adopt effective measures to encourage regular attendance at school and reduce
school dropout rates;
(k) To support domestic literacy programmes, including vocational education
components and non-formal education, in order to reach marginalized children, youth and adults,
especially girls and women, to ensure that they enjoy the right to education and acquire the life
skills necessary to overcome poverty and exclusion;

(l) To support the implementation of plans and programmes of action to ensure
quality education and improved enrolment and retention rates for boys and girls and the
elimination of gender discrimination and gender stereotypes in educational curricula and
materials, as well as in the process of education;
(m) To adapt education, if necessary, in order to suit the specific needs of women,
girls and teenagers;
(n) To take all appropriate legislative, administrative, social and educational
measures, in accordance with the best interest of the child, to protect the child from all forms of
physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse in schools, and in this context to take measures to eliminate
corporal punishment in schools, and to incorporate in their legislation appropriate sanctions for
violations and the provision of redress and rehabilitation for victims;
(o) To consider undertaking or supporting studies on best practices for elaborating
and implementing strategies for improving the quality of education and meeting the learning
needs of all;
(p) To give appropriate priority to the collection of quantitative and qualitative data
relating to disparities in education, including gender disparities;
(q) To submit information on best practices for the elimination of discrimination in
access to education, as well as for the promotion of quality education, to the Special Rapporteur;
(r) To ensure that no child is prevented from receiving free primary education on
account of his or her disability;
(s) To contribute to efforts to mobilize resources by the international community to
assist all States to achieve the goal of education for all children by 2015;
8. Invites the Special Rapporteur, within his mandate:
(a) To gather, request, receive and exchange information from all relevant sources,
including Governments, intergovernmental organizations and non-governmental organizations,
on the realization of the right to education, and to make recommendations on appropriate
measures to promote and protect the realization of the right to education;
(b) To intensify efforts aimed at identifying ways and means to overcome obstacles
and difficulties in the realization of the right to education;
(c) To pursue the collaboration with the Committee on Economic, Social and
Cultural Rights and the Committee on the Rights of the Child and the cooperation with the
United Nations Childrens Fund, the United Nations Educational, Scientific and Cultural
Organization, the International Labour Organization and the Office of the United Nations
High Commissioner for Refugees, and the dialogue with the World Bank;
(d) To cooperate with other special rapporteurs, representatives, experts and members
and chairpersons of working groups of the Commission, and United Nations bodies, including
human rights treaty bodies;

(e) To review the interdependence and interrelatedness of the right to education with
other human rights;
(f) To apply a gender perspective in his work;
9. Reaffirms the importance of developing further the regular dialogue between the
United Nations Childrens Fund, the United Nations Educational, Scientific and Cultural
Organization, other partners that pursue the goals of the Dakar Framework for Action and the
Special Rapporteur, with a view to integrating further the right to education into the operational
activities of the United Nations system, invites them to pursue that dialogue and reiterates its
invitation to the United Nations Childrens Fund and the United Nations Educational, Scientific
and Cultural Organization to submit to the Commission information pertaining to their activities
in promoting primary education, with specific reference to women and children, particularly
girls;
10. Requests all States to continue cooperating with the Special Rapporteur with a
view to facilitating his tasks in the discharge of his mandate, and to respond favourably to his
requests for information and visits;
11. Invites the United Nations Development Programme, the United Nations
Childrens Fund and the United Nations Educational, Scientific and Cultural Organization to
assist the Special Rapporteur in promoting further the development of indicators on the right to
education, in cooperation with States and relevant international organizations and
non-governmental organizations;
12. Requests the Special Rapporteur to report to the Commission at its
sixty-second session;
13. Requests the Secretary-General to provide the Special Rapporteur with all the
assistance necessary for the execution of his mandate;
14. Decides to consider the right to education at its sixty-second session under the
same agenda item.
51st meeting
15 April 2005
[Resolution adopted without a vote.
See chap. X, paras. 234 to 236.]
2005/22. Question of the realization in all countries of economic, social and
cultural rights
The Commission on Human Rights,
Guided by the principles relating to economic, social and cultural rights enshrined in the
Universal Declaration of Human Rights and the International Covenant on Economic, Social and
Cultural Rights,

Recalling that in the Vienna Declaration and Programme of Action adopted in June 1993
by the World Conference on Human Rights (A/CONF.157/23), the World Conference
encouraged the Commission to continue the examination of optional protocols to the
International Covenant on Economic, Social and Cultural Rights,
Recalling also previous resolutions of the Commission on Human Rights and of the
Sub-Commission for the Promotion and Protection of Human Rights on the realization of
economic, social and cultural rights,
Taking note with interest of the ongoing new efforts towards the realization of economic,
social and cultural rights, and considering that, to ensure the realization of economic, social and
cultural rights and the removal of obstacles thereto at all levels, additional efforts should be
examined,
1. Takes note with interest of the report of the Secretary-General on the
implementation of its resolution 2004/29 of 19 April 2004 (E/CN.4/2005/39) and of all other
relevant reports of the United Nations High Commissioner for Human Rights on economic,
social and cultural rights and the activities of intergovernmental and non-governmental
organizations in that regard;
2. Recalls the entry into force of the Optional Protocols to the Convention on the
Rights of the Child on the involvement of children in armed conflict and on the sale of children,
child prostitution and child pornography, of the International Labour Organization Convention
concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour, 1999 (No. 182) and of the Optional Protocol to the Convention on the Elimination
of All Forms of Discrimination against Women, and calls upon all States to consider signing and
ratifying these instruments and upon the States parties to implement them fully;
3. Notes with interest:
(a) The work carried out by the Committee on Economic, Social and Cultural Rights
to assist States parties in fulfilling their obligations, including through:
(i) The development and adoption of general comments, in order to assist in
clarifying the content and scope of the articles of the International Covenant
on Economic, Social and Cultural Rights;
(ii) The discussions held by the Committee at its thirty-second and thirty-third
sessions on draft general comments, notably on article 3 (the equal right of
men and women to the enjoyment of all economic, social and cultural
rights), and on article 6 (the right to work) of the Covenant;
(b) The work of the Committee on the Rights of the Child in the promotion of the
economic, social and cultural rights of children;
(c) Efforts of the High Commissioner to promote economic, social and cultural
rights, inter alia within the United Nations Development Group;

(d) The elaboration of training programmes in the Office of the United Nations
High Commissioner to develop in-house expertise in incorporating economic, social and cultural
rights in technical cooperation projects, and encourages the Office to enhance the incorporation
of economic, social and cultural rights in its technical cooperation programmes and in the work
of its field offices;
4. Welcomes the activities carried out by the Office of the High Commissioner on
the promotion of economic, social and cultural rights, which have included awareness-raising on
the importance of economic, social and cultural rights, contributing to the implementation of
internationally agreed development goals, including those contained in the United Nations
Millennium Declaration, and several inter-agency activities and regional initiatives exploring the
legal content and justiciability of these rights;
5. Takes note with interest of the report of the Special Rapporteur on adequate
housing as a component of the right to an adequate standard of living (E/CN.4/2005/48, Add.1
and Corr.1, and Add.2-3) and of his report containing a study on women and adequate housing
(E/CN.4/2005/43);
6. Welcomes:
(a) Ongoing efforts by the General Assembly and the Economic and Social Council
towards a coordinated follow-up to relevant United Nations conferences and summits;
(b) Regional initiatives to promote the further realization of economic, social and
cultural rights;
(c) The inclusion of the issue of the realization of economic, social and cultural rights
in the Durban Declaration and Programme of Action adopted on 8 September 2001 by the
World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
(A/CONF.189/12 and Corr.1), in which States underscored, inter alia, the need to design,
promote and implement at the national, regional and international levels strategies, programmes
and policies, and adequate legislation, which may include special and positive measures, for
furthering equal social development and the realization of the civil and political, economic,
social and cultural rights of all victims of racism, racial discrimination, xenophobia and related
intolerance;
(d) The inclusion of the issue of the realization of economic, social and cultural rights
in the document entitled A world fit for children, adopted by the General Assembly in the
annex to its resolution S-27/2 of 10 May 2002 during its twenty-seventh special session on
children, in which participating States agreed to implement the Plan of Action and to that end to
consider establishing or strengthening measures such as national legislation, policies and action
plans to fulfil and protect rights and to secure the well-being of children, and national bodies or
other institutions for the promotion and protection of the rights of the child;
7. Also welcomes the activities and efforts of non-governmental organizations in
raising awareness, and their important contributions to the question of the realization and
enjoyment of economic, social and cultural rights;

8. Recalls the proclamation, by the General Assembly in its resolution 58/217
of 23 December 2003, of the International Decade for Action, Water for Life, 2005-2015, and
in this context also recalls general comment No. 15 (2002) on the right to water (arts. 11 and 12
of the International Covenant on Economic, Social and Cultural Rights), adopted by the
Committee on Economic, Social and Cultural Rights;
9. Reaffirms:
(a) That, in accordance with the Universal Declaration of Human Rights, the ideal of
free human beings enjoying freedom from fear and want can be achieved only if conditions are
created whereby everyone may enjoy his or her economic, social and cultural rights, as well as
his or her civil and political rights;
(b) The inextricable link between full respect for the rights contained in the
International Covenant on Economic, Social and Cultural Rights and the process of
development, the central purpose of which is the realization of the potentialities of the human
person with the effective participation of all members of society in relevant decision-making
processes as agents and beneficiaries of development, as well as with a fair distribution of its
benefits;
(c) That all persons in all countries are entitled to the realization of their economic,
social and cultural rights, which are indispensable to their dignity and the free development of
their personality;
(d) The universality, indivisibility, interdependence and interrelatedness of all human
rights and fundamental freedoms and that promoting and protecting one category of rights should
therefore never exempt or excuse States from the promotion and protection of other rights;
(e) The importance of international cooperation in assisting Governments to fulfil
their obligation to protect and promote all human rights, including economic, social and cultural
rights, while emphasizing that the first responsibility for promoting and protecting human rights
lies with States;
(f) That the realization of all human rights and fundamental freedoms, and
particularly economic, social and cultural rights, is a dynamic process and that, as is evident in
todays world, a great deal remains to be accomplished;
10. Calls upon all States:
(a) To give full effect to economic, social and cultural rights;
(b) To consider signing and ratifying, and the States parties to implement, the
International Covenant on Economic, Social and Cultural Rights;
(c) To guarantee that economic, social and cultural rights will be exercised without
discrimination of any kind;

(d) To secure progressively, through national development policies and with
international assistance and cooperation, full realization of economic, social and cultural rights,
giving particular attention to the individuals, most often women and children, especially girls,
and communities living in extreme poverty and therefore most vulnerable and disadvantaged;
(e) To consider in this context, as appropriate, the draft guidelines on the integration
of human rights into poverty reduction strategies and the desirability of drawing up national
action plans identifying steps to improve the situation of human rights in general with specific
benchmarks designed to give effect to minimum essential levels of enjoyment of economic,
social and cultural rights;
(f) To help alleviate the unsustainable external debt burden of countries that meet the
criteria of the Heavily Indebted Poor Countries Initiative, which should further strengthen the
efforts of the Governments of these countries to realize economic, social and cultural rights,
inter alia through the development and implementation of programmes, as well as the prevention
of the spread of the HIV/AIDS pandemic in Africa and the reconstruction of countries affected
by natural disasters;
(g) To promote the effective and wide participation of representatives of civil society
in decision-making processes related to the promotion and protection of economic, social and
cultural rights, including through efforts to identify and strengthen good governance practices -
transparent, responsible and participatory government which is responsive to the needs and
aspirations of all sections of society;
11. Calls upon the States parties to the International Covenant on Economic, Social
and Cultural Rights:
(a) To withdraw reservations incompatible with the object and purpose of the
Covenant and to consider reviewing other reservations with a view to withdrawing them;
(b) To promote a concerted national effort to ensure the participation of
representatives of all sectors of civil society in the process of preparation of their periodic reports
to the Committee on Economic, Social and Cultural Rights and in the implementation of the
recommendations of the Committee;
(c) To submit their reports to the Committee in a regular and timely manner;
(d) To ensure that the Covenant is taken into account in all of their relevant national
and international policy-making processes;
12. Recalls that international cooperation in solving international problems of an
economic, social and cultural character and in promoting and encouraging respect for human
rights and fundamental freedoms for all is one of the purposes of the United Nations, and affirms
that wider international cooperation would contribute to lasting progress in implementing
economic, social and cultural rights;

13. Decides:
(a) To encourage the Committee on Economic, Social and Cultural Rights to
continue its efforts towards the promotion, protection and full realization of the rights enshrined
in the International Covenant on Economic, Social and Cultural Rights, at the national and
international levels, notably by:
(i) Enhancing its cooperation with United Nations specialized agencies,
programmes, special mechanisms and the other human rights treaty bodies
and other bodies working on issues that bear upon the Covenant;
(ii) Drafting further general comments to assist and promote the further
implementation by States parties of the Covenant, and making the
experience gained through the examination of States parties reports
available for the benefit of all States parties;
(b) To encourage all United Nations specialized agencies and programmes, relevant
special mechanisms of the Commission and other United Nations bodies, including human rights
treaty bodies whose activities bear upon economic, social and cultural rights, to enhance their
cooperation and, as appropriate, increase coordination with the Committee in a manner that
respects their distinctive mandates and promotes their policies, programmes and projects;
(c) To encourage the Office of the High Commissioner to continue its cooperation
with other United Nations agencies as part of the integration of economic, social and cultural
rights within the United Nations system;
(d) To encourage the High Commissioner to strengthen the research and analytical
capacities of her Office in the field of economic, social and cultural rights and to share her
expertise, inter alia through the holding of expert meetings;
(e) To encourage the High Commissioner to continue to ensure better support for the
Committee, in particular under the Programme of Action to strengthen the implementation of the
International Covenant on Economic, Social and Cultural Rights (E/1997/22-E/C.12/1996/6,
annex VII) adopted by the Committee at its fifteenth session;
(f) To encourage the High Commissioner to continue to provide or to facilitate
practical support aimed at building capacities for the full realization of economic, social and
cultural rights;
(g) To support the efforts by the High Commissioner to implement the proposed
Programme of Action designed to enhance the ability of the Committee to assist interested
Governments in their reporting obligations and its capacity to process and follow up the
examination of States parties reports and, accordingly, to request States parties to the Covenant
to make voluntary financial contributions to ensure the adequate implementation of that
Programme of Action;
14. Welcomes the report of the open-ended Working Group established with the view
to considering options regarding the elaboration of an optional protocol to the International
Covenant on Economic, Social and Cultural Rights (E/CN.4/2005/52);

15. Requests the Working Group to report to the Commission at its
sixty-second session;
16. Requests the Secretary-General to submit to the Commission at its
sixty-second session a report on the implementation of the present resolution;
17. Decides to continue consideration of this subject at its sixty-second session under
the same agenda item.
51st meeting
15 April 2005
[Resolution adopted by a recorded vote of 50 votes to none, with 3 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo, Costa Rica,
Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany, Guatemala,
Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania, Mexico,
Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation,
South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland,
Zimbabwe.
Against: None.
Abstaining: Australia, Saudi Arabia, United States of America.
See chap. X, paras. 237 to 240.]
2005/23. Access to medication in the context of pandemics such as HIV/AIDS,
tuberculosis and malaria
The Commission on Human Rights,
Reaffirming the Universal Declaration of Human Rights and the International Covenant
on Economic, Social and Cultural Rights,
Reaffirming also that the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health is a human right,
Recalling its resolutions 1999/49 of 27 April 1999, 2001/33 of 23 April 2001,
2001/51 of 24 April 2001, 2002/32 of 22 April 2002, 2003/29 of 22 April 2003 and 2004/26
of 16 April 2004,
Bearing in mind World Health Assembly resolutions WHA55.12 entitled Contribution
of WHO to the follow-up of the United Nations General Assembly special session on
HIV/AIDS, and WHA55.14 entitled Ensuring accessibility of essential medicines, both
adopted on 18 May 2002, and World Health Assembly resolutions WHA56.27 entitled
Intellectual property rights, innovation and public health and WHA56.30 entitled Global
health-sector strategy for HIV/AIDS, both adopted on 28 May 2003 and resolution WHA57.14
entitled Scaling up treatment and care within a coordinated and comprehensive response to
HIV/AIDS adopted on 22 May 2004,

Recalling the establishment of the Commission on Intellectual Property Rights,
Innovation and Public Health by the World Health Organization,
Acknowledging that prevention and comprehensive care and support, including treatment
and access to medication for those infected and affected by pandemics such as HIV/AIDS,
tuberculosis and malaria are inseparable elements of an effective response and must be integrated
into a comprehensive approach to respond to such pandemics,
Recalling general comment No. 14 (2000) on the right to the highest attainable standard
of health (art. 12 of the International Covenant on Economic, Social and Cultural Rights),
adopted by the Committee on Economic, Social and Cultural Rights at its twenty-second session,
Recalling also general comment No. 3 (2003) on HIV/AIDS and the rights of the child,
adopted by the Committee on the Rights of the Child at its thirty-second session,
Noting with great concern that, according to the Joint United Nations Programme on
HIV/AIDS (UNAIDS), the HIV/AIDS pandemic claimed an estimated 3.1 million lives in 2004,
Alarmed that, according to the same source, about 40 million people were living with
HIV by the end of 2004 and that an estimated 5 million people were newly infected with HIV
in 2004,
Alarmed also that, according to information provided jointly by UNAIDS, the
United Nations Childrens Fund and the United States Agency for International Development,
in July 2002, it is projected that 25 million children under the age of 15 will lose one or both
parents owing to HIV/AIDS by 2010, 20 million of whom will reside in Africa,
Taking note of General Assembly resolution 59/256, entitled 2001-2010: Decade
to Roll Back Malaria in Developing Countries, Particularly in Africa, adopted on
23 December 2004,
Alarmed that, according to the global Roll Back Malaria partnership, malaria annually
causes more than one million preventable deaths, about 90 per cent of which are in Africa, that
malaria is the leading cause of death in young children and that it causes at least 300 million
cases of acute illness each year,
Alarmed also that, according to the World Health Organization report of 2004
entitled Global Tuberculosis Control: Surveillance, Planning, Financing, tuberculosis kills
about 2 million people each year, more than 8 million people around the world become sick with
tuberculosis each year, and it is projected that between 2002 and 2020, 36 million people will die
of tuberculosis if control is not further strengthened,
Acknowledging the significance of HIV/AIDS in the increase in tuberculosis and other
opportunistic infections,
Alarmed that, according to the World Health Organization, one third of the worlds
population still lacks access to essential medicines and that in the poorest parts of Africa and
Asia, over half of the population lacks access to even the most basic essential drugs,

Welcoming the initiatives of the Secretary-General and relevant United Nations agencies,
developed and developing countries, and the private sector to make drugs related to HIV/AIDS,
tuberculosis and malaria more accessible to developing countries, and noting that much more can
be done in this regard,
Recalling the Declaration on the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement) and Public Health adopted at the Fourth Ministerial
Conference of the World Trade Organization in Doha in November 2001,
Recalling also the decision on the implementation of paragraph 6 of the Declaration on
the TRIPS Agreement and Public Health, adopted by the General Council of the World Trade
Organization on 30 August 2003,
Recognizing the existing efforts and need to further promote the transfer of technology
and capacity-building to countries with insufficient or no manufacturing capacities in the
pharmaceutical sector, in accordance with applicable international law, including international
agreements acceded to,
Stressing the importance of fully implementing the Declaration of Commitment on
HIV/AIDS, Global Crisis - Global Action, adopted by the General Assembly in its
resolution S-26/2 of 27 June 2001 at its special session on HIV/AIDS, and recalling the report of
the Secretary-General on progress towards implementation of the Declaration of Commitment on
HIV/AIDS (A/58/184),
Expressing its support for the work of the Global Fund to Fight AIDS, Tuberculosis and
Malaria and of other international bodies combating such pandemics, and encouraging the
Global Fund to develop further effective and appropriate processes for the disbursement of
funds,
Recalling the goal of the World Health Organization and UNAIDS which aims to support
developing countries in securing access to antiretroviral treatment for 3 million people living
with HIV/AIDS by the end of 2005, noting the importance of mobilizing financial contributions
from States and other donors and the need to think beyond the 2005 target,
Taking note of the World Health Organizations initiatives to make safe, effective and
affordable medicines and diagnostics of good quality more easily accessible to developing
countries and countries with economies in transition,
Recalling the need to strengthen the prevention aspect in the fight against pandemics such
as HIV/AIDS, tuberculosis and malaria,
Recognizing that the spread of HIV/AIDS can have a uniquely devastating impact on all
sectors and levels of society and stressing that the HIV/AIDS pandemic, if unchecked, may pose
a risk to stability and security, as stated in Security Council resolution 1308 (2000)
of 17 July 2000,

Emphasizing, in view of the increasing challenges presented by pandemics such as
HIV/AIDS, tuberculosis and malaria, the need for intensified efforts to ensure universal respect
for and observance of human rights and fundamental freedoms for all, including by reducing
vulnerability to pandemics such as HIV/AIDS, tuberculosis and malaria and by preventing
related discrimination and stigma,
1. Recognizes that access to medication in the context of pandemics such as
HIV/AIDS, tuberculosis and malaria is one fundamental element for achieving progressively the
full realization of the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health;
2. Calls upon States to consider taking into account the guidelines elaborated at the
Second International Consultation on HIV/AIDS and Human Rights held in Geneva
from 23 to 25 September 1996 (E/CN.4/1997/37, annex I), as well as the revision of guideline 6
at the Third International Consultation, held on 25 and 26 July 2002;
3. Also calls upon States to develop and implement national strategies, in
accordance with applicable international law, including international agreements acceded to, in
order to progressively realize access for all to prevention-related goods, services and information
as well as access to comprehensive treatment, care and support for all individuals infected and
affected by pandemics such as HIV/AIDS, tuberculosis and malaria;
4. Further calls upon States to establish or strengthen national health and social
infrastructures and health-care systems, with the assistance of the international community as
necessary, for the effective delivery of prevention, treatment, care and support to respond to
pandemics such as HIV/AIDS, tuberculosis and malaria;
5. Affirms the importance of public health interests in both pharmaceutical and
health policies;
6. Calls upon States to pursue policies, in accordance with applicable international
law, including international agreements acceded to, which would promote:
(a) The availability, in sufficient quantities, of pharmaceutical products and medical
technologies used to treat and/or prevent pandemics such as HIV/AIDS, tuberculosis and malaria
or the most common opportunistic infections that accompany them;
(b) The accessibility and affordability for all without discrimination, including the
most vulnerable or socially disadvantaged groups of the population, as well as infants and
children, of pharmaceutical products or medical technologies used to treat and/or prevent
pandemics such as HIV/AIDS, tuberculosis, malaria or the most common opportunistic
infections that accompany them;
23. Requests the Secretary-General to solicit comments from Governments,
United Nations organs, programmes and specialized agencies and international and
non-governmental organizations on the steps they have taken to promote and implement, where
applicable, the present resolution, as well as to report thereon to the Commission at its
sixty-second session;

24. Decides to continue its consideration of this matter at its sixty-second session,
under the same agenda item.
51st meeting
15 April 2005
[Resolution adopted without a vote.
See chap. X, paras. 241 to 245.]
2005/24. The right of everyone to the enjoyment of the highest attainable standard
of physical and mental health
The Commission on Human Rights,
Reaffirming the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Convention on the Elimination of All
Forms of Racial Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the Child,
Reaffirming also that the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health is a human right, as reflected, inter alia, in article 25,
paragraph 1, of the Universal Declaration of Human Rights, article 12 of the International
Covenant on Economic, Social and Cultural Rights and article 24 of the Convention on the
Rights of the Child, as well as, with respect to non-discrimination, in article 5 (e) (iv) of the
International Convention on the Elimination of All Forms of Racial Discrimination and in
article 12, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination
against Women, and that such a right derives from the inherent dignity of the human person,
Recalling that, according to the Constitution of the World Health Organization, health is
a state of complete physical, mental and social well-being and not merely the absence of disease
or infirmity,
Considering that, according to the International Classification of Functioning, Disability
and Health of the World Health Organization, disability refers to a range of impairments,
activity limitations and participation restrictions, whether permanent or transitory,
Recalling the establishment of the Ad Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and Promotion of the Rights and Dignity of Persons
with Disabilities by General Assembly resolution 56/168 of 19 December 2001,
Welcoming the report of the Special Rapporteur on the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health to the Commission at its
sixty-first session (E/CN.4/2005/51 and Add.1-4),
Recalling the relevant provisions of declarations and programmes of action adopted by
the major United Nations conferences, summits and special sessions and their follow-up
meetings,

Recalling also all its previous resolutions concerning the realization of the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health,
Recalling further general comment No. 14 (2000) on the right to the highest attainable
standard of health (art. 12 of the International Covenant on Economic, Social and Cultural
Rights), adopted by the Committee on Economic, Social and Cultural Rights at its
twenty-second session,
Recalling general comment No. 15 (2002) on the right to water (arts. 11 and 12 of the
Covenant), adopted by the Committee at its twenty-ninth session,
Recalling also general comment No. 3 (2003) on HIV/AIDS and the rights of the child,
adopted by the Committee on the Rights of the Child at its thirty-second session,
Recalling further general recommendation No. 24 (1999) on women and health (art. 12 of
the Convention on the Elimination of All Forms of Discrimination against Women), adopted by
the Committee on the Elimination of Discrimination against Women at its twentieth session,
Recalling also that the International Labour Organization Convention concerning
Occupational Safety and Health and the Working Environment, 1981 (No. 155) emphasizes the
importance of promoting coherent national policy in the matter of occupational safety and health
of workers with the aim of preventing accidents and injury to health occurring in the course of
work,
Taking note of resolution EB115.R11 adopted on 24 January 2005 by the Executive
Board of the World Health Organization at its one hundred and fifteenth session entitled Health
action in relation to crises and disasters, with particular emphasis on the South Asian earthquakes
and tsunami of 26 December 2004,
Recalling resolution 47/1 of 14 March 2003 on women, the girl child and HIV/AIDS,
adopted by the Commission on the Status of Women,
Stressing that gender equality and the empowerment of women and girls are fundamental
elements in the reduction of their vulnerability to HIV/AIDS and in the reversal of the pandemic,
and noting the importance of increasing investments in, and accelerating research on, the
development of effective HIV prevention methods, including female-controlled methods and
microbicides,
Acknowledging that persons with disabilities related to mental disorders are vulnerable
members of society since they face barriers to their full inclusion and participation in society,
and stressing that such barriers need to be addressed in accordance with human rights principles,
Recognizing a need for States, in cooperation with international organizations and civil
society, including non-governmental organizations and the private sector, to create favourable
conditions at the national, regional and international levels to ensure the full and effective
realization of the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health,

Noting the need for States to progressively realize the right to the enjoyment of the
highest attainable standard of physical and mental health and noting the important contribution
that international assistance and cooperation can make in this regard,
Mindful that States should take into account the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health in their relevant national and
international policy-making processes,
Recognizing the indispensable role that health professionals play in the promotion and
protection of the right of everyone to the enjoyment of the highest attainable standard of physical
and mental health,
Welcoming the initiatives of the Secretary-General and relevant United Nations bodies
and programmes, such as the World Health Organization and the Joint United Nations
Programme on HIV/AIDS (UNAIDS), as well as public-private partnership initiatives, such as
the Global Fund to Fight AIDS, Tuberculosis and Malaria, which contribute to improvements in
addressing health issues worldwide, including in developing countries, while noting that further
progress should be achieved in this regard, including in the mobilization of resources,
Concerned about the interrelationships between poverty and the realization of the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health, in
particular that ill-health can be both a cause and a consequence of poverty,
Recalling the development goals of the United Nations Millennium Declaration, in
particular the four health-related development goals,
Considering that sexual and reproductive health are integral elements of the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health,
Recalling the Declaration on the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement) and Public Health adopted at the Fourth Ministerial
Conference of the World Trade Organization, held in Doha in November 2001, and the decision
of the General Council of the World Trade Organization of 30 August 2003 on the
implementation of paragraph 6 of the Declaration,
Stressing the importance of monitoring and analysing the pharmaceutical and public
health implications of relevant international agreements, including trade agreements, so that
States can effectively assess and subsequently develop pharmaceutical and health policies and
regulatory measures that address their concerns and priorities, and are able to maximize the
positive and mitigate the negative impact of those agreements, while respecting all international
obligations applicable to them,
1. Urges States to take steps, individually and through international assistance and
cooperation, especially economic and technical, to the maximum of their available resources,
with a view to achieving progressively the full realization of the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health;

2. Calls upon the international community to continue to assist the developing
countries in promoting the full realization of the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health, including through financial and
technical support as well as training of personnel, while recognizing that the primary
responsibility for promoting and protecting all human rights rests with States;
3. Also calls upon the international community to enhance relief assistance to
populations affected by devastation caused by natural disasters as well as by man-made events in
order to ensure their physical and mental health recovery;
4. Calls upon States to guarantee that the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health will be exercised without
discrimination of any kind;
5. Also calls upon States to pay attention, as necessary, to the physical and mental
health of vulnerable groups, including, when appropriate, by adopting positive measures;
6. Encourages States to recognize the particular needs of persons with disabilities
related to mental disorders, as well as their families, including by reflecting their needs in
national health and social policies, such as national poverty reduction strategies;
7. Calls upon States to introduce, as far as possible, community-based care and
support for persons with disabilities related to mental disorders, in order to ensure their access to
medical and social services that promote their independence and autonomy and support their
social integration;
8. Urges States to ensure the participation of persons with disabilities related to
mental disorders, their families and representatives in the design, implementation and monitoring
of laws, policies and programmes relating to mental health-care and support services;
9. Recommends that States keep under review legislation, procedural safeguards and
practices related to the treatment of persons with disabilities related to mental disorders, taking
into account the principle of informed consent;
10. Affirms the importance of ensuring the accountability of national health
authorities and institutions, and the effectiveness and transparency of the treatment procedures
adopted in the case of mental health;
11. Emphasizes the need to ensure that people with disabilities related to mental
disorders are guaranteed equal protection of their sexual and reproductive health, including
protection from forced sterilization and sexual violence;
12. Invites States to become parties to the World Health Organization Framework
Convention on Tobacco Control;
13. Reaffirms that the achievement of the highest attainable standard of physical and
mental health is a most important worldwide social goal, the realization of which requires action
by many other social and economic sectors in addition to the health sector;

14. Calls upon States to place a gender perspective at the centre of all policies and
programmes affecting womens health;
15. Also calls upon States to protect and promote sexual and reproductive health as
integral elements of the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health;
16. Considers it to be of the utmost importance to enhance all States efforts for the
effective prevention of violence that causes physical and mental injury, particularly with a view
to reducing its possible negative impact on the realization of the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health;
17. Affirms that access to a sufficient amount of safe, clean water for personal and
domestic use and adequate nutrition is fundamental to the realization of the right of everyone to
the enjoyment of the highest attainable standard of health;
18. Also affirms that good governance, sound economic policies and solid democratic
institutions responsive to the needs of the people are also key to the full realization of the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health;
19. Decides to extend, for a period of three years, the mandate of the Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health, as reflected in article 25, paragraph 1, of the Universal Declaration
of Human Rights, article 12 of the International Covenant on Economic, Social and Cultural
Rights, article 24 of the Convention on the Rights of the Child and article 12 of the
Convention on the Elimination of All Forms of Discrimination against Women, as well as on the
right to non-discrimination as reflected in article 5 (e) (iv) of the International Convention on the
Elimination of All Forms of Racial Discrimination;
20. Requests the Special Rapporteur:
(a) To gather, request, receive and exchange information from all relevant sources,
including Governments, intergovernmental organizations and non-governmental organizations,
on the realization of the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health;
(b) To develop a regular dialogue and discuss possible areas of cooperation with all
relevant actors, including Governments, relevant United Nations bodies, specialized agencies
and programmes, in particular the World Health Organization and UNAIDS, as well as
non-governmental organizations and international financial institutions;
(c) To report on the status, throughout the world, of the realization of the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health, in
accordance with the provisions of the instruments listed in paragraph 19 above, and on
developments relating to this right, including on laws, policies and good practices most
beneficial to its enjoyment and obstacles encountered domestically and internationally to its
implementation;

(d) To make recommendations on appropriate measures to promote and
protect the realization of the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health, with a view to supporting States efforts to enhance
public health;
21. Requests the Special Rapporteur to avoid in his work any duplication or
overlapping with the work, competence and mandate of other international bodies active in
health issues;
22. Invites the Special Rapporteur to apply a gender perspective in his work and to
pay special attention to the needs of children in the realization of the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health;
23. Also invites the Special Rapporteur to take into account in his work the relevant
provisions of the Durban Declaration and Programme of Action, adopted in September 2001
by the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance (A/CONF.189/12 and Corr.1), as well as of the declarations and programmes of
action adopted by the major United Nations conferences and summits and their follow-up
meetings, and to bear in mind general comment No. 14 (2000) of the Committee on Economic,
Social and Cultural Rights and general recommendation No. 24 (1999) of the Committee on the
Elimination of Discrimination against Women, as well as any other general comment that treaty
bodies adopt on related provisions of relevant instruments;
24. Further invites the Special Rapporteur, within his existing mandate, to continue to
explore how efforts to realize the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health can reinforce poverty reduction strategies;
25. Invites the Special Rapporteur, within his existing mandate, to continue his
analysis of the human rights dimensions of the issues of neglected diseases and diseases
particularly affecting developing countries, and also the national and international dimensions of
those issues;
26. Requests the United Nations High Commissioner for Human Rights to provide all
the necessary resources for the effective fulfilment of the Special Rapporteurs mandate from
within existing resources;
27. Calls upon Governments to cooperate fully with the Special Rapporteur in the
implementation of his mandate, to provide all information requested and to respond promptly to
his communications;
28. Requests the Special Rapporteur to submit annually a report to the
Commission and an interim report to the General Assembly on the activities performed under
his mandate;
29. Decides to continue consideration of this matter at its sixty-second session under
the same agenda item;

30. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 7.]
51st meeting
15 April 2005
[Resolution adopted by a recorded vote of 52 votes to 1, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany,
Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania,
Mexico, Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania,
Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom
of Great Britain and Northern Ireland, Zimbabwe.
Against: United States of America.
Abstaining: None.
See chap. X, paras. 246 to 252.]
2005/25. Womens equal ownership, access to and control over land and the equal
rights to own property and to adequate housing
The Commission on Human Rights,
Guided by the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights,
the Convention on the Elimination of All Forms of Discrimination against Women and the
International Convention on the Elimination of All Forms of Racial Discrimination,
Reaffirming the Beijing Declaration and Platform for Action adopted at the Fourth World
Conference on Women (A/CONF.177/20/Rev.1, chap. I), and the outcome document annexed to
resolution S-23/3 adopted by the twenty-third special session of the General Assembly, entitled
Women 2000: gender equality, development and peace for the twenty-first century,
Recalling the United Nations Millennium Declaration and the declarations and
programmes of action of the United Nations world conferences and summits - the Vienna
Declaration and Programme of Action, adopted on 25 June 1993 by the World Conference on
Human Rights (A/CONF.157/23), the Programme of Action adopted on 13 September 1994 in
Cairo by the International Conference on Population and Development (A/CONF.171/13/Rev.1),
the Copenhagen Declaration on Social Development, adopted on 12 March 1995 at the
conclusion of the World Summit for Social Development (A/CONF.166/9), the Istanbul
Declaration on Human Settlements and Habitat Agenda, adopted on 14 June 1996 at the
conclusion of the second United Nations Conference on Human Settlements (Habitat II)
(A/CONF.165/14), the Durban Declaration and Programme of Action adopted on
8 September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia

and Related Intolerance (A/CONF.189/12 and Corr.1), and the Johannesburg Declaration on
Sustainable Development and Plan of Action of the World Summit for Sustainable Development
adopted on 4 September 2002 by the World Summit (A/CONF.199/20 and Corr.1) - as well as
the follow-up processes to these conferences and summits,
Reaffirming the Declaration adopted by the Commission on the Status of Women at its
forty-ninth session as a follow-up to the Fourth World Conference on Women and to the
twenty-third special session of the General Assembly, which emphasizes that the full and
effective implementation of the Beijing Declaration and Platform for Action is essential to
achieving the internationally agreed development goals, including those contained in the
Millennium Declaration, and stresses the need to ensure the integration of a gender perspective
in the High-level Plenary Meeting of the General Assembly on the review of the Millennium
Declaration,
Recalling its resolutions 2004/21 of 16 April 2004 on adequate housing as a component
on the right to an adequate standard of living and 2003/22 of 22 April 2003 on womens equal
ownership, access to and control over land and the equal rights to own property and to adequate
housing,
Reaffirming that all human rights are universal, indivisible, interdependent and
interrelated and that womens equal ownership, access to and control over land and the equal
right to own property and to adequate housing contribute to the full realization of human rights,
Recognizing that women, particularly women living in extreme poverty and victims of
domestic violence, continue to suffer multiple or aggravated forms of discrimination, inter alia
on the grounds of property, as well as from discriminatory treatment in all areas decisive to the
attainment of adequate housing,
Reaffirming the human right to be free from all forms of discrimination and the equal
right of women and men to the enjoyment of all civil, cultural, economic, political and social
rights,
Mindful of the fact that elimination of discrimination against women and the achievement
of substantive equality of women and girls require consideration of womens specific
socio-economic context,
Welcoming the findings of the former Special Rapporteur on violence against women, its
causes and consequences (see E/CN.4/2000/68/Add.5), in particular, the recognition that
womens poverty, together with a lack of alternative housing options, make it difficult for
women to leave violent family situations, reaffirming that forced relocation and forced eviction
from home and land have a disproportionately severe impact on women, including when these
are committed by spouses or in-laws, and encouraging the new Special Rapporteur to continue to
take these findings into consideration in her future work,
Recognizing that poverty is a major obstacle to womens full realization of housing, land
and property rights,

Convinced that the lack of adequate housing can make women more vulnerable to various
forms of violence, including domestic violence, and in particular that the lack of housing
alternatives may limit many womens ability to leave violent situations,
Stressing that the impact of gender-based discrimination and violence against women on
womens equal ownership of, access to and control over land and the equal rights to own
property and to adequate housing is acute, particularly during complex emergency situations,
reconstruction and rehabilitation,
Recognizing that the Secretary-General has linked the growing prevalence of HIV/AIDS
in women with laws that inhibit the full enjoyment of womens rights to land ownership and
inheritance, and that he has called for positive change and attention to womens empowerment
and protection of womens housing and land rights to make women less vulnerable to
HIV/AIDS,
Reaffirming the Declaration of Commitment on HIV/AIDS, adopted by
General Assembly resolution S-26/2 of 26 June 2001 at its twenty-sixth special session, which
calls for all Governments to strengthen or enforce legislation, regulations and other measures to
eliminate all forms of discrimination and to ensure the full enjoyment of all human rights and
fundamental freedoms by people living with HIV/AIDS and members of vulnerable groups, in
particular, to ensure their access to inheritance and legal protections,
Recognizing that laws, policies, customs, traditions and practices that act to restrict
womens equal access to credit and loans also prevent women from owning and inheriting land,
property and housing and exclude women from participating fully in development processes, are
discriminatory and contribute to increasing the poverty of women and girls,
Convinced that international, regional and local trade, finance and investment policies
should be designed in such a way that they promote gender equality in terms of ownership of,
access to and control over land and the rights to own property and to adequate housing and other
productive resources and do not undermine womens capacity to acquire and retain these
resources,
Convinced also of the need to address specifically the impact of natural disasters on
womens and childrens adequate housing needs and to ensure that a human rights approach,
including a gender perspective, is taken when addressing this impact,
1. Takes note with interest of the findings of the progress report on the study on
women and adequate housing (E/CN.4/2005/43) submitted by the Special Rapporteur on
adequate housing as a component of the right to an adequate standard of living and on the right
to non-discrimination in accordance with Commission resolution 2003/22;
2. Reaffirms womens right to an adequate standard of living, including adequate
housing, as enshrined in the Universal Declaration of Human Rights and the International
Covenant on Economic, Social and Cultural Rights, and urges Governments to comply fully with
their international and regional obligations and commitments concerning land tenure and the
equality of women to own, have access to and to control property, land and housing, irrespective
of their marital status, and to an adequate standard of living, including adequate housing;

3. Affirms that discrimination in law and practice against women with respect to
having access to, acquiring and securing land, property and housing, as well as financing for
land, property and housing, constitutes a violation of womens human right to protection against
discrimination and may affect the realization of other human rights;
4. Reaffirms Commission on the Status of Women resolution 42/1, which, inter alia,
urges States to design and revise laws to ensure that women are accorded full and equal rights to
own land and other property, and the right to adequate housing, including through the right to
inheritance, and to undertake administrative reforms and other necessary measures to give
women the same right as men to credit, capital, appropriate technologies, access to markets and
information;
5. Encourages Governments to support the transformation of customs and traditions
that discriminate against women and deny women security of tenure and equal ownership of,
access to and control over land and equal rights to own property and to adequate housing, to
ensure the right of women to equal treatment in land and agrarian reform as well as in land
resettlement schemes and in ownership of property and in adequate housing, and to take other
measures to increase access to land and housing for women living in poverty, particularly female
heads of household, including through access to housing subsidies;
6. Calls upon States to urgently address discrimination, inequality and historical
injustices experienced by women in vulnerable situations, inter alia, indigenous women, in
particular to secure their equal ownership, access to and control over land, and equal rights to
own property and to adequate housing;
7. Reaffirms the obligation of States to take all appropriate measures, including
special measures, inter alia those derived from their obligations under the Convention on the
Elimination of All Forms of Discrimination against Women and the International Convention on
the Elimination of All Forms of Racial Discrimination, to eliminate discrimination against
women by any person, organization or enterprise, and recommends that Governments encourage
financial and lending institutions to ensure that their policies and practices do not discriminate
against women;
8. Urges Governments to address the issue of forced relocation and forced evictions
from home and land and to eliminate its disproportionate impact on women;
9. Recommends that international financial institutions, regional, national and local
housing financing institutions and other credit facilities facilitate the participation of women and
take into account their views in order to remove discriminatory policies and practices, giving
special consideration to single women and households headed by women, and that these
institutions evaluate and measure progress to this end;
10. Invites Governments to take further appropriate measures to address the
increasing rate of homelessness or inadequate housing for women, including its underlying
factors, such as gender inequality, HIV/AIDS, poverty and violence;

11. Encourages Governments, specialized agencies, funds, programmes and other
organizations of the United Nations system, as well as other international organizations and
non-governmental organizations, to provide judges, lawyers, political and other public officials,
community leaders and other concerned persons, as appropriate, with information and human
rights education concerning womens equal ownership of, access to and control over land and the
equal rights to own property and to adequate housing;
12. Invites the Secretary-General to encourage all organizations and bodies of the
United Nations system, individually and collectively, in particular the United Nations
Development Programme, the United Nations Human Settlements Programme (UN-Habitat), the
United Nations Development Fund for Women and the Joint United Nations Programme on
HIV/AIDS (UNAIDS), to undertake further initiatives that promote womens equal ownership
of, access to and control over land and the equal rights to own property and to adequate housing,
and allocate further resources for studying, documenting and addressing the impact of complex
emergency situations and the HIV/AIDS pandemic, particularly with respect to womens equal
rights to own land, property and adequate housing;
13. Invites the Office of the United Nations High Commissioner for Human Rights,
the Office of the United Nations High Commissioner for Refugees and other relevant
international organizations, within their respective mandates, to address discrimination against
women with respect to land, property and adequate housing in their cooperation programmes and
field activities;
14. Encourages all the human rights treaty bodies, in particular the Committee on
Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination
against Women, special procedures and other human rights mechanisms of the Commission and
the Sub-Commission on the Promotion and Protection of Human Rights as well as all
United Nations bodies regularly and systematically to take a gender perspective into account in
the implementation of their mandates and to integrate the content of the present resolution into
their work, as appropriate;
15. Encourages the United Nations Housing Rights Programme to take into account
the content of the present resolution and to continue its regional consultations, with the
participation of representatives of Governments, United Nations agencies, intergovernmental
organizations and non-governmental organizations;
16. Requests the Special Rapporteur on adequate housing as a component of the right
to an adequate standard of living and on the right to non-discrimination, within his mandate, to
submit a final report to the Commission at its sixty-second session containing the study on
women and adequate housing;
17. Also requests the Special Rapporteur to specifically consider the impact of natural
disasters on womens adequate housing;
18. Further requests the Special Rapporteur to cooperate with the Special Rapporteur
on violence against women, its causes and consequences, in the elaboration of model provisions
to protect womens rights in housing and domestic violence legislation, to ensure womens full
and equal access to national legal aid schemes to protect their housing, land and property rights
in cases of divorce, inheritance and domestic violence;

19. Invites all States that have not done so to respond to the questionnaire prepared by
the Special Rapporteur on adequate housing;
20. Decides to continue its consideration of this question at its sixty-third session
under the agenda item entitled Economic, social and cultural rights.
51st meeting
15 April 2005
[Resolution adopted without a vote.
See chap. X, paras. 253 to 256.]
2005/26. Human rights and forensic science
The Commission on Human Rights,
Recalling all its previous resolutions on human rights and forensic science, the latest of
which is resolution 2003/33 of 23 April 2003,
Recognizing that forensic science is an important tool in detecting evidence of torture and
other cruel, inhuman or degrading treatment or punishment and extrajudicial, summary or
arbitrary executions, and recalling in this context the Principles on the Effective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions adopted by the Economic and
Social Council in its resolution 1989/65 of 24 May 1989, the Principles on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (the Istanbul Principles) annexed to Commission resolution 2000/43 of
20 April 2000 and General Assembly resolution 55/89 of 4 December 2000, as well as the
updated Set of principles for the promotion and protection of human rights through action to
combat impunity (E/CN.4/2005/102/Add.1), the Cooperation Service Agreement
(E/CN.4/1998/32, annex II) regulating the use of forensic experts provided either by a
Member State or by a non-governmental organization, and the Guidelines for the Conduct of
United Nations Inquiries into Allegations of Massacres (DPI/1710),
Bearing in mind the operational best practices regarding the management of human
remains and information on the dead contained in the report of the International Committee of
the Red Cross entitled The Missing and their Families: Action to resolve the problem of people
unaccounted for as a result of armed conflict or internal violence and to assist their families
(03/IC/10),
Recognizing that forensic investigations can play an important role in combating
impunity by providing the evidentiary basis on which prosecutions can successfully be brought
against persons responsible for grave violations of human rights and international humanitarian
law,
Noting that the practice of forensic science includes examinations and identification
procedures of both dead and living persons, and underlines the importance of dignified handling
of human remains, including their proper management and disposal, as well as of respect for the
needs of families,

Noting also the need of Governments, intergovernmental organizations and
non-governmental organizations for forensic scientific expertise in investigating deaths and
clarifying disappearances,
Aware that several special rapporteurs have used or referred to the need for the assistance
of experts in various forensic disciplines in the context of the implementation of their mandates,
1. Welcomes the increased use of forensic investigations in situations where
grave violations of human rights and international humanitarian law have occurred, and
encourages further coordination concerning, inter alia, the planning and realization of such
investigations between Governments, intergovernmental organizations and non-governmental
organizations;
2. Urges States to ensure the safety and security of forensic and related experts, in
particular in situations where their safety and security are at risk;
3. Welcomes the consolidated database of forensic experts at the Office of the
United Nations High Commissioner for Human Rights and requests the High Commissioner for
Human Rights to keep the database continuously updated in consultation with Governments,
relevant United Nations bodies, non-governmental organizations and professional organizations
of forensic and related experts;
4. Recommends that the Office of the High Commissioner encourage forensic
experts to coordinate further and promote the consolidation of relevant guidelines, with a view to
harmonizing the procedures in forensic investigation and repatriation;
5. Also recommends that the Office of the High Commissioner encourage, as
appropriate, the dissemination and use of the principles, best practices and manuals referred to in
the present resolution and the promotion of forensic capacity-building, including training where
necessary, particularly in countries without sufficient expertise in forensic science and related
fields, for example through the training of local teams;
6. Recommends that the High Commissioner, with a view to promoting quality and
consistency of forensic practice, facilitate the development and implementation of a common
framework of operations based on existing standards and principles;
7. Encourages Governments to establish thorough, prompt and impartial
investigation and documentation procedures, such as those reflected in the Principles on the
Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions and in
the Istanbul Principles;
8. Urges Governments to make every effort to ensure that personal information,
including medical and genetic data, is not used in a way that may infringe human rights, such as
the right to privacy;
9. Requests the Secretary-General to provide appropriate resources, from within
existing overall United Nations resources, to fund the activities of the Office of the
High Commissioner in implementing the present resolution, including a revision of the Manual
on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions;

10. Requests the Office of the High Commissioner to provide for the Commission at
its sixty-third session an updated version of the report requested in resolution 2003/33;
11. Decides to consider this question at its sixty-third session under the same
agenda item.
56th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 282 to 284.]
2005/27. Enforced or involuntary disappearances
The Commission on Human Rights,
Recalling its resolution 20 (XXXVI) of 29 February 1980, in which it decided to
establish a working group,
Recalling also General Assembly resolution 47/133 of 18 December 1992, by which the
Assembly adopted the Declaration on the Protection of All Persons from Enforced
Disappearance as a body of principles for all States,
Deeply concerned in particular by the increase in enforced or involuntary disappearances
in various regions of the world, including arrest, detention and abduction, when these are part of
or amount to enforced disappearances, and by the growing number of reports concerning
harassment, ill-treatment and intimidation of witnesses of disappearances or relatives of persons
who have disappeared,
Acknowledging the fact that acts of enforced disappearance are crimes against humanity,
as defined in the Rome Statute of the International Criminal Court (A/CONF.183/9),
1. Takes note of the report submitted by the Working Group on Enforced or
Involuntary Disappearances (E/CN.4/2005/65 and Add.1);
2. Stresses the importance of the work of the Working Group, and encourages it to
pursue the execution of its mandate:
(a) To continue to promote communication between families of disappeared persons
and the Governments concerned, particularly when ordinary channels have failed, with a view to
ensuring that sufficiently documented and clearly identified individual cases are investigated and
to ascertain whether such information falls under its mandate and contains the required elements;
(b) To continue to observe, in its humanitarian task, United Nations standards
and practices regarding the handling of communications and the consideration of
government replies;

(c) To continue to consider the question of impunity in the light of the relevant
provisions of the Declaration on the Protection of All Persons from Enforced Disappearance and
of the final reports submitted by the Special Rapporteur appointed by the Sub-Commission on
the Promotion and Protection of Human Rights;
(d) To continue to pay particular attention to cases of children subjected to enforced
disappearance and children of disappeared persons and to cooperate closely with the
Governments concerned in searching for and identifying these children;
(e) To pay particular attention to cases transmitted to it that are most urgent from a
humanitarian perspective and that refer to ill-treatment, serious threatening or intimidation of
witnesses of enforced or involuntary disappearances or relatives of disappeared persons;
(f) To pay particular attention to cases of disappearance of persons working for the
promotion and protection of human rights and fundamental freedoms, wherever they occur, and
to make appropriate recommendations for preventing such disappearances and improving the
protection of such persons;
(g) To continue to apply a gender perspective in its reporting process, including in
information collection and the formulation of recommendations;
(h) To provide appropriate assistance in the implementation by States of the
Declaration and of the existing international rules;
(i) To continue its deliberations on its working methods and to include these aspects
in its report to the Commission at its sixty-second session;
3. Deplores the fact that some Governments have not provided for a long period of
time substantive replies concerning claims of enforced disappearances in their countries and
have not given due consideration to relevant recommendations concerning this subject made in
the reports of the Working Group;
4. Urges States:
(a) To promote and give full effect to the Declaration on the Protection of All
Persons against Enforced Disappearance;
(b) To cooperate with the Working Group and help it to carry out its mandate
effectively and, in that framework, give serious consideration to requests for visits to their
countries;
(c) To prevent the occurrence of enforced disappearances, including by guaranteeing
that any person deprived of liberty is held solely in officially recognized and supervised places of
detention, guaranteeing access to all places of detention by authorities and institutions whose
competence in this regard has been recognized by the concerned State, maintaining official,
accessible, up-to-date registers and/or records of detainees and ensuring that detainees are
brought before a judicial authority promptly after detention;

(d) To work to eradicate the culture of impunity for the perpetrators of
enforced disappearances and to elucidate cases of enforced disappearances as crucial steps
in effective prevention;
(e) To prevent and investigate with special attention enforced disappearances of
persons belonging to vulnerable groups, especially children, and to bring the perpetrators of
these enforced disappearances to justice;
(f) To take steps to provide adequate protection to witnesses of enforced or
involuntary disappearances, human rights defenders acting against enforced disappearances, and
the lawyers and families of disappeared persons against any intimidation or ill-treatment to
which they might be subjected;
5. Urges the Governments concerned:
(a) To intensify their cooperation with the Working Group on any action taken
pursuant to recommendations addressed to them by the Working Group;
(b) To continue their efforts to elucidate the fate of disappeared persons and to ensure
that competent authorities in charge of investigation and prosecution are provided with adequate
means and resources to resolve cases and bring perpetrators to justice;
(c) To make provision in their legal systems for victims of enforced or involuntary
disappearances or their families to seek fair, prompt and adequate reparation and in addition,
where appropriate, to consider symbolic measures recognizing the suffering of victims and
restoring their dignity and reputation;
(d) To address the specific needs of the families of disappeared persons;
6. Reminds States:
(a) That, as proclaimed in article 2 of the Declaration on the Protection of All Persons
from Enforced Disappearance, no State shall practise, permit or tolerate enforced
disappearances;
(b) That all acts of enforced or involuntary disappearance are crimes punishable
by appropriate penalties which should take due account of their extreme seriousness under
penal law;
(c) That they should ensure that their competent authorities proceed immediately to
conduct impartial inquiries in all circumstances where there is reason to believe that an enforced
disappearance has occurred in territory under their jurisdiction;
(d) That, if such belief is borne out, all the perpetrators of enforced or involuntary
disappearances must be brought to justice;

(e) That impunity is simultaneously one of the underlying causes of enforced
disappearance and one of the major obstacles to the elucidation of cases thereof;
(f) That, as proclaimed in article 11 of the Declaration, all persons deprived of liberty
must be released in a manner permitting reliable verification that they have actually been
released and, further, have been released in conditions in which their physical integrity and
ability fully to exercise their rights are assured;
7. Expresses:
(a) Its thanks to the many Governments that have cooperated with the
Working Group and replied to its requests for information and to the Governments that have
accepted visits of the Working Group to their countries, asks them to give all necessary attention
to the Working Groups recommendations and invites them to inform the Working Group of any
action they take on those recommendations;
(b) Its appreciation to the Governments that are investigating, are cooperating at the
international and the bilateral levels, have developed or are developing appropriate mechanisms
to investigate any claims of enforced disappearance that are brought to their attention, and
encourages all the Governments concerned to expand their efforts in this area;
8. Invites States to take legislative, administrative, legal and other steps, including
when a state of emergency has been declared, to take action at the national and regional levels
and in cooperation with the United Nations, if appropriate through technical assistance, and to
provide the Working Group with concrete information on the measures taken and the obstacles
encountered in preventing enforced or involuntary disappearances and in giving effect to the
principles set forth in the Declaration;
9. Takes note of the assistance provided to the Working Group by non-governmental
organizations and their activities in support of the implementation of the Declaration and invites
those organizations to continue their cooperation;
10. Acknowledges the improvement in the staffing granted to the Working Group and
requests the Secretary-General:
(a) To ensure that the Working Group receives all the assistance and resources it
requires to perform its function, including supporting the principles of the Declaration, carrying
out and following up on missions and holding sessions in countries that are prepared to
receive it;
(b) To provide the resources needed to update the database on cases of
enforced disappearance;
(c) To keep the Working Group and the Commission regularly informed of the steps
taken for the wide dissemination and promotion of the Declaration;
11. Requests the Working Group to report on its activities to the Commission at its
sixty-second session;

12. Takes note of the report of the Intersessional open-ended working group to
elaborate a draft legally binding normative instrument for the protection of all persons from
enforced disappearance (E/CN.4/2005/66) and welcomes the additional substantial progress
made during the third and fourth sessions of the intersessional working group and, in that
context, welcomes the participation of non-governmental organizations;
13. Requests the intersessional Working Group to meet for a period of 10 working
days in one formal session before the end of 2005 with a view to the completion of its work, and
to report to the Commission at its sixty-second session;
14. Requests the Chairperson-Rapporteur of the intersessional Working Group to
undertake informal consultations with all interested parties in order to prepare the next session of
the intersessional working group;
15. Requests the United Nations High Commissioner for Human Rights to invite the
former independent expert to examine the existing international criminal and human rights
framework for the protection of persons from enforced or involuntary disappearance, the former
Chairman-Rapporteur of the sessional working group on the administration of justice of the
Sub-Commission on the Promotion and Protection of Human Rights, who submitted to the
sessional working group in 1998 a draft international convention on the protection of all persons
from enforced disappearance (E/CN.4/Sub.2/1998/19, annex), and also a representative of the
Working Group on Enforced or Involuntary Disappearances to participate in the activities of the
intersessional working group;
16. Decides to consider this matter at its sixty-second session under the same
agenda item;
17. Also decides to recommend to the Economic and Social Council the following
draft decision for adoption:
[For the text, see chap. I, sect. B, draft decision 8.]
56th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 285 to 289.]
2005/28. Arbitrary detention
The Commission on Human Rights,
Reaffirming articles 3, 5, 9, 10 and 29, as well as other relevant provisions of the
Universal Declaration of Human Rights,
Recalling articles 9 to 11 and 14 to 22 of the International Covenant on Civil and
Political Rights,

Bearing in mind that, in accordance with its resolution 1991/42 of 5 March 1991, the task
of the Working Group on Arbitrary Detention is to investigate cases of detention imposed
arbitrarily or otherwise inconsistently with the relevant international standards set forth in the
Universal Declaration of Human Rights or in the relevant international legal instruments
accepted by the States concerned,
Recalling that the World Conference on Human Rights reaffirmed the importance of
ensuring the universality, objectivity and non-selectivity of the consideration of human rights
issues,
Recalling also the adoption by the Working Group of several deliberations, including its
deliberation No. 7 on issues related to psychiatric detention (E/CN.4/2005/6, chap. II),
Reaffirming its resolution 2004/39 of 19 April 2004,
1. Takes note of:
(a) The report of the Working Group (E/CN.4/2005/6 and Add.1-4), including the
recommendations contained therein;
(b) The work of the Working Group and underlines the positive initiatives it has
taken to strengthen cooperation and dialogue with all those concerned by the cases submitted to
it, and in particular with States that provide information which should be given due
consideration;
(c) The importance that the Working Group attaches to coordination with other
mechanisms of the Commission, with other competent United Nations bodies and with treaty
bodies, as well as to the strengthening of the role of the Office of the United Nations
High Commissioner for Human Rights in such coordination and encourages the Working Group
to take all necessary measures to avoid duplication with those mechanisms, in particular
regarding the treatment of the communications it receives and field visits;
2. Requests the States concerned to take account of the Working Groups views and,
where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived
of their liberty and to inform the Working Group of the steps they have taken;
3. Encourages all States:
(a) To give due consideration to the recommendations of the Working Group;
(b) To take appropriate measures in order to ensure that their legislation, regulations
and practices remain in conformity with the relevant international standards and the applicable
international legal instruments;
(c) To respect and promote the right of anyone who is deprived of his/her liberty by
arrest or detention to be entitled to bring proceedings before a court, in order that the court may
decide without delay on the lawfulness of his/her detention and order his/her release if the
detention is not lawful, in accordance with their international obligations;

(d) To ensure that the right referred to in subparagraph (c) above is equally respected
in cases of administrative detention, including administrative detentions in relation to public
security legislation;
(e) To ensure that the conditions of pre-trial detention do not undermine the fairness
of the trial;
4. Encourages all States concerned:
(a) Not to extend states of emergency beyond what is strictly required by the
situation, in accordance with the provisions of article 4 of the International Covenant on Civil
and Political Rights, or to limit their effect;
(b) To pay special attention, during states of emergency, to the exercise of those
rights that ensure protection against arbitrary detention;
5. Encourages all States to cooperate with the Working Group, and to give
serious consideration to its requests for visits, so that it may carry out its mandate even more
effectively;
6. Notes with concern that a growing proportion of urgent appeals of the Working
Group has been left unanswered and urges the States concerned to give the necessary attention to
the urgent appeals addressed to them by the Working Group on a strictly humanitarian basis and
without prejudging its possible final conclusions;
7. Expresses its profound thanks to the States that have extended their cooperation to
the Working Group and responded to its requests for information, and invites all States
concerned to demonstrate the same spirit of cooperation;
8. Takes note with satisfaction of the fact that the Working Group has been informed
of the release of some of the individuals whose situation has been brought to its attention, while
deploring the many cases that have not yet been resolved;
9. Requests the Secretary-General:
(a) To extend his assistance to States expressing the wish to receive it, and to the
special rapporteurs and working groups, with a view to ensuring the promotion and observance
of the guarantees relating to the prevention of arbitrary detention that are laid down in the
relevant international instruments;
(b) To ensure that the Working Group receives all necessary assistance, particularly
with regard to the staffing and resources needed to continue to discharge its mandate, especially
in respect of field missions;
10. Requests the Working Group to submit to the Commission, at its
sixty-second session, a report on its activities and on the implementation of the present
resolution and to include any suggestions and recommendations which would enable it to carry
out its task in the best possible way, and to continue its consultations to that end in the
framework of its terms of reference;

11. Decides to continue its consideration of this question at its sixty-second session
under the relevant agenda item.
56th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 290 to 292.]
2005/29. Strengthening of popular participation, equity, social justice and
non-discrimination as essential foundations of democracy
The Commission on Human Rights,
Recalling its previous resolutions on this issue,
Recalling also General Assembly resolution 55/96 of 4 December 2000 and recalling its
own resolution 2000/47 of 25 April 2000 on promoting and consolidating democracy,
Reaffirming its commitment to the purposes and principles enshrined in the Charter of the
United Nations,
Reaffirming also the commitment of all States to fulfil their obligations to promote
universal respect for, and observance and protection of, all human rights and fundamental
freedoms for all in accordance with the Charter of the United Nations, other instruments relating
to human rights, and international law,
Stressing that all peoples have the right to self-determination, by virtue of which they
freely determine their political status and freely pursue their economic, social and cultural
development,
Recognizing that democracy, development and respect for human rights and fundamental
freedoms are interdependent and mutually reinforcing,
Recalling that all human rights are universal, indivisible, interdependent and interrelated
and that the international community must treat all human rights globally in a fair and equal
manner, on the same footing and with the same emphasis,
Reaffirming the commitment made by Member States to strive for the full protection and
promotion in all our States of civil, political, economic, social and cultural rights for all,
Considering the major changes taking place on the international scene and the aspirations
of all peoples for a democratic, participatory and fair international order based on the principles
enshrined in the Charter of the United Nations, including promoting and encouraging respect for
all human rights and fundamental freedoms for all and respect for the principle of equal rights
and self-determination of peoples, peace, democracy, justice, equality, rule of law, pluralism,
development, better standards of living and solidarity,

Recognizing that granting all people formal political equality does not create an equal
capacity to participate in political processes, or an equal capacity to influence decision-making
processes, taking into consideration the existence of threats and obstacles that impede effective
popular participation,
Welcoming the commitment of all Member States, expressed in the United Nations
Millennium Declaration, to work collectively for more inclusive political processes allowing
genuine participation by all citizens in all countries,
Welcoming also the pledge of the international community at the World Conference on
Human Rights, held at Vienna in June 1993, to support the strengthening and promotion of
democracy, development and respect for human rights and fundamental freedoms throughout the
world,
Recalling the commitment of States, expressed in the Declaration of Principles adopted
by the World Summit on the Information Society in December 2003, to ensure that everyone can
benefit from the opportunities offered by information and communication technologies, so that
all citizens in every country can participate actively in, and benefit fully from, the information
society,
Recognizing that the equal participation of all individuals and peoples in the formation of
just, equitable, democratic and inclusive societies can contribute to a world free from racism,
racial discrimination, xenophobia and related intolerance,
Emphasizing the importance of the equitable participation of all, without any
discrimination, in domestic as well as global decision-making,
Considering that in the current context of globalization, whereby decisions affecting
peoples lives are often taken outside the national context, the application of the principles of
democracy to the international and regional levels has taken on added importance,
Recognizing that development can only be sustainable on a long-term basis if
development policies are responsive to peoples needs and ensure peoples participation both in
their design and implementation, while stressing the fact that meeting the basic human needs
essential for survival is a sine qua non condition for an effective democracy,
Emphasizing that poverty, inequalities and discrimination constitute major threats to
democracy and inhibit the full and effective enjoyment of human rights and the participation of
all citizens in the democratic processes in every society,
Emphasizing also that the full participation of everyone in democratic societies fosters
and enhances the struggle against poverty, inequities and discrimination,
Recognizing that the electoral regime is a basic and fundamental element of democracy,
but that democracy involves more than the mere holding of elections, as it also depends on an
effective response to peoples well-being,
Reaffirming the need to create an environment - at the national and global levels alike -
which is conducive to development and to the elimination of poverty,

Recalling that accountable and transparent governance at the national and international
levels is critical for the creation of an environment that facilitates the development of
democratic, prosperous and peaceful societies,
Reaffirming that democracy goes hand in hand with an effective, honest and transparent
government, freely chosen and accountable for its management of public affairs,
Noting that the conduct of public affairs covers all aspects of public administration and
the formulation and implementation of policy at the international, regional, national and local
levels,
Recognizing and respecting the rich and diverse nature of the community of the worlds
democracies, which arise out of all of the worlds social, cultural and religious beliefs and
traditions,
Bearing in mind that each society and every context has its own indigenous and relevant
democratic institutional traditions, and that while no single institution can claim democratic
perfection, the combination of domestic democratic structures with universal democratic norms
is a formidable tool in strengthening both the roots and the reach of democracy and in advancing
a universal understanding of democracy,
Recognizing that while all democracies share common features, differences between
democratic societies should be neither feared nor repressed, but cherished as a precious asset of
humanity,
Aware of the importance of fostering a diversity of social contributions in strengthening
peoples participation, equity, social justice and non-discrimination, including the enhancement
of non-governmental organizations, peoples organizations, voluntary social organizations, trade
unions, the private sector and other actors of civil society,
Aware also of the importance of ensuring the implementation of the rights to freedom of
opinion and expression as well as to freedom of assembly and association, in accordance with
articles 19, 20, 21 and 22 of the International Covenant on Civil and Political Rights,
Recalling the commitment undertaken by all States within the framework of the
United Nations and other international organizations to work for the promotion of democracy
and the rule of law,
1. Declares that popular participation, equity, social justice and non-discrimination
are essential foundations of democracy;
2. Reaffirms that democracy is based on the freely expressed will of the people to
determine their own political, economic, social and cultural systems and their full participation in
all aspects of their lives and that in that context the promotion and protection of human rights
and fundamental freedoms at the national and international levels should be universal and
conducted without conditions attached;

3. Also reaffirms that while all democracies share common features, there is no one
model of democracy; therefore we must not seek to export any particular model of democracy;
4. Affirms that the consolidation of democracy requires the promotion and protection
of all human rights for everyone, both civil and political rights and economic, social and
cultural rights, including the right to development as a universal and inalienable right and an
integral part of fundamental human rights, as established in the Declaration on the Right to
Development;
5. Also affirms that the right to development is a crucial area of public affairs in
every country and requires free, active and meaningful popular participation;
6. Reaffirms that democracy, development and respect for human rights are
interdependent and mutually reinforcing;
7. Stresses that the consolidation of democracy requires that sustained economic
growth and sustainable development of countries and communities foster the promotion and
consolidation of democracies;
8. Declares that full popular participation is only feasible if societies have
democratic political and electoral systems which guarantee to all their citizens the possibility
both to take part in the government of their country, directly or through freely chosen
representatives, and to have equal access to public service, without discrimination of any kind as
to race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status;
9. Reaffirms that the will of the people shall be the basis of the authority of
Government and that this shall be expressed in periodic and genuine elections, which shall be by
universal and equal suffrage and shall be held by secret vote or by equivalent free voting
procedures;
10. Also reaffirms that free and fair elections, popular participation and control,
collective deliberation and political equality are essential to democracy and must be realized
through a framework of accessible, representative and accountable institutions subject to
periodic change or renewal;
11. Recognizes that improving access of every person to, and education in, the use of
information and communication technologies could enhance popular participation in public
affairs and the accountability of Governments;
12. Also recognizes that inequitable political, economic, cultural and social conditions
can breed and foster racism, racial discrimination, xenophobia and related intolerance, which in
turn exacerbate inequity;
13. Reaffirms that genuine equality of opportunity for all, in all spheres, including
that of development, is fundamental to the eradication of racism, racial discrimination,
xenophobia and related intolerance;

14. Urges all States to foster a democracy that, inspired by the recognition of the
inherent dignity and the equal and inalienable rights of all members of the human family,
promotes peoples welfare, rejecting all forms of discrimination and exclusion, facilitates
development with equity and justice, and encourages the most comprehensive and full
participation of their citizens in the decision-making process and in the debate over diverse
issues affecting society;
15. Also urges all States to take measures to eliminate obstacles and threats to
democracy and to ensure that barriers to participation, such as illiteracy, poverty and
discrimination, are overcome;
16. Requests all States and the international community further to endeavour to
promote effective measures to eradicate poverty and promote just, equitable and inclusive
societies;
17. Invites all mechanisms of the Commission and the human rights treaty bodies to
continue taking into account, in the discharge of their respective mandates, the question of
strengthening popular participation, equity, social justice and non-discrimination as the
foundations of democracy;
18. Decides to continue its consideration of this issue at its sixty-second session,
under the same agenda item.
56th meeting
19 April 2005
[Resolution adopted by a recorded vote of 28 votes to 14, with 11 abstentions, as follows:
In favour: Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Ecuador, Egypt, Eritrea, Ethiopia, Gabon,
Guinea, India, Indonesia, Kenya, Malaysia, Mauritania, Nepal, Nigeria, Pakistan, Qatar, Russian Federation,
South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Netherlands, Republic of
Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America.
Abstaining: Argentina, Armenia, Costa Rica, Dominican Republic, Guatemala, Honduras, Japan, Mexico,
Paraguay, Peru, Saudi Arabia.
See chap. XI, paras. 293 to 296.]
2005/30. Integrity of the judicial system
The Commission on Human Rights,
Guided by articles 5, 7, 8, 10 and 11 of the Universal Declaration of Human Rights and
articles 2, 4, 6, 7, 10, 14, 15 and 26 of the International Covenant on Civil and Political Rights,
and bearing in mind the Vienna Declaration and Programme of Action,
Recalling other important documents on the issue of the integrity of the judiciary
endorsed by various forums of the United Nations, in particular the Basic Principles on the
Independence of the Judiciary, the Basic Principles on the Role of Lawyers, the Guidelines on
the Role of Prosecutors, the Declaration of Basic Principles of Justice for Victims of Crime and

Abuse of Power, the Standard Minimum Rules for the Treatment of Prisoners, the Basic
Principles for the Treatment of Prisoners, the Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment and the safeguards guaranteeing
protection of the rights of those facing the death penalty,
Recalling also its previous resolutions on the subject, in particular its most recent,
resolution 2004/32 of 19 April 2004,
Taking note of resolution 2004/27 of 12 August 2004 of the Sub-Commission on the
Promotion and Protection of Human Rights,
Convinced that the integrity of the judicial system is an essential prerequisite for the
protection of human rights and for ensuring that there is no discrimination in the administration
of justice,
Stressing that the integrity of the judiciary should be observed at all times,
1. Takes note of the relevant sections of the report of the Special Rapporteur on the
independence of judges and lawyers on the subject (E/CN.4/2005/60 and Add.1 and 2, Add.3
and Add.3/Corr.1 and Add.4), as well as the report submitted by the Special Rapporteur of the
Sub-Commission on the Promotion and Protection of Human Rights on the issue of the
administration of justice through military tribunals (E/CN.4/Sub.2/2004/7);
2. Reiterates that, as declared in article 14 of the International Covenant on Civil
and Political Rights, every person is entitled, in full equality, to a fair and public hearing by a
competent, independent and impartial tribunal duly established by law, in the determination of
his/her rights and obligations and of any criminal charge against him/her, and that he/she is
entitled to the presumption of innocence until proved guilty according to law;
3. Also reiterates that, according to paragraph 5 of the Basic Principles on the
Independence of the Judiciary, everyone has the right to be tried by ordinary courts or tribunals
using established legal procedures and that tribunals that do not use such duly established
procedures of the legal process shall not be created to displace the jurisdiction belonging to the
ordinary courts or judicial tribunals;
4. Underlines that any court trying a person charged with a criminal offence should
be competent, independent and impartial;
5. Urges States to guarantee that all persons brought to trial before courts or
tribunals under their authority have the right to be tried in their presence, to defend themselves in
person or through legal assistance of their own choosing and to have all the guarantees necessary
for the defence;
6. Calls upon States to ensure that the principles of equality before the courts and
before the law are respected within their judicial systems, inter alia by providing to those being
tried the possibility to examine, or to have examined, the witnesses against them and to obtain
the attendance and examination of witnesses on their behalf under the same conditions as
witnesses against them;

7. Reaffirms that every convicted person should have the right to have his/her
conviction and sentence reviewed by a tribunal of competent, independent and impartial
jurisdiction according to law;
8. Calls upon States that have military courts or special criminal tribunals for trying
criminal offenders to ensure that such courts are an integral part of the general judicial system
and that such courts apply due process procedures that are recognized according to international
law as guarantees of a fair trial, including the right to appeal a conviction and a sentence;
9. Stresses the importance of developing cooperation between the national judicial
systems, inter alia with a view to strengthening the protection of persons deprived of their
liberty;
10. Requests the Special Rapporteur of the Sub-Commission on the issue of the
administration of justice through military tribunals to continue to take account of the present
resolution in his ongoing work;
11. Requests the Special Rapporteur on the independence of judges and lawyers to
take full account of the present resolution in the discharge of his mandate and in his report to the
sixty-second session of the Commission.
56th meeting
19 April 2005
[Resolution adopted by a recorded vote of 52 votes to none, with 1 abstention, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany,
Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania,
Mexico, Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania,
Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom
of Great Britain and Northern Ireland, Zimbabwe.
Against: None.
Abstaining: United States of America.
See chap. XI, paras. 297 to 305.]
2005/31. Hostage-taking
The Commission on Human Rights,
Recalling the Universal Declaration of Human Rights, which guarantees, inter alia, the
right to life, liberty and security of person, freedom from torture and other cruel, inhuman or
degrading treatment, freedom of movement and protection from arbitrary detention,
Recalling also the Vienna Declaration and Programme of Action adopted in June 1993 by
the World Conference on Human Rights (A/CONF.157/23),

Taking into account the International Convention against the Taking of Hostages,
adopted by the General Assembly in its resolution 34/146 of 17 December 1979, which also
recognizes that everyone has the right to life, liberty and security of person and that the taking
of hostages is an offence of grave concern to the international community, as well as the
Convention on the Prevention and Punishment of Crimes against Internationally Protected
Persons, including Diplomatic Agents, adopted by the General Assembly in its
resolution 3166 (XXVIII) of 14 December 1973,
Bearing in mind the relevant Security Council resolutions condemning all cases
of terrorism, including those of hostage-taking, in particular, resolution 1440 (2002)
of 24 October 2002,
Mindful of the fact that hostage-taking constitutes a war crime under the Rome Statute
of the International Criminal Court (A/CONF.183/9) and is also a grave breach of the Geneva
Conventions, of 12 August 1949, for the protection of victims of war,
Recalling its previous resolutions on the subject, including its most recent,
resolution 2003/40 of 23 April 2003, in which it condemned the taking of any person as
a hostage, as well as resolutions adopted by the General Assembly on the same subject,
Concerned that, despite the efforts of the international community, acts of hostage-taking
in different forms and manifestations, including those committed by terrorists and armed groups,
continue to take place and have even increased in many regions of the world,
Appealing for the humanitarian action of humanitarian organizations, in particular the
International Committee of the Red Cross and its delegates, to be respected, in accordance with
the Geneva Conventions, of 12 August 1949, and the Additional Protocols of 1977 thereto,
Recognizing that hostage-taking calls for resolute, firm and concerted efforts on the part
of the international community in order, in strict conformity with international human rights
standards, to bring such abhorrent practices to an end,
1. Reaffirms that hostage-taking, wherever and by whomever committed, is a serious
crime aimed at the destruction of human rights and is, under any circumstances, unjustifiable,
including when committed under the pretext of achieving the goal of promoting and protecting
human rights;
2. Condemns all acts of hostage-taking anywhere in the world;
3. Demands that all hostages be released immediately and without any
preconditions, and expresses its solidarity with the victims of hostage-taking;
4. Calls upon States to take all necessary measures, in accordance with relevant
provisions of international law, international humanitarian law and international human rights
standards, to prevent, combat and punish acts of hostage-taking, including by strengthening
international cooperation in this field;

5. Urges all thematic special procedures to continue to address, as appropriate, the
consequences of hostage-taking in their forthcoming reports to the Commission;
6. Decides to remain seized of this matter.
56th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 306 to 308.]
2005/32. Democracy and the rule of law
The Commission on Human Rights,
Recalling General Assembly resolutions 55/96 of 4 December 2000, entitled Promoting
and consolidating democracy, 57/221 of 18 December 2002 entitled Strengthening the rule of
law and 59/201 of 20 December 2004 entitled Enhancing the role of regional, subregional and
other organizations and arrangements in promoting and consolidating democracy as well as all
its own relevant resolutions, in particular resolutions 1999/57 of 27 April 1999, entitled
Promotion of the right to democracy, 2000/47 of 25 April 2000, entitled Promoting and
consolidating democracy, 2001/41 of 23 April 2001, entitled Continuing dialogue on measures
to promote and consolidate democracy, 2002/46 of 23 April 2002, entitled Further measures to
promote and consolidate democracy, 2003/36 of 23 April 2003, entitled Interdependence
between democracy and human rights and 2004/30 of 19 April 2004 entitled Enhancing the
role of regional, subregional and other organizations and arrangements in promoting and
consolidating democracy,
1. Declares that democracy includes respect for all human rights and fundamental
freedoms, inter alia freedom of association and of peaceful assembly, freedom of expression and
opinion, and the right to take part in the conduct of public affairs, directly or through freely
chosen representatives, and to vote and to be elected at genuine periodic free elections by
universal and equal suffrage and by secret ballot guaranteeing the free expression of the will of
the people, as well as a pluralistic system of political parties and organizations, respect for the
rule of law, the separation of powers, the independence of the judiciary, transparency and
accountability in public administration, and free, independent and pluralistic media;
2. Reaffirms the right of every citizen to vote and be elected at genuine periodic
elections without discrimination of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status, and stresses
that persons entitled to vote must be free to vote for any candidate for election and free to
support or to oppose government, without undue influence or coercion of any kind that may
distort or inhibit the free expression of the electors will, and that the results of genuine elections
should be respected and implemented;

3. Takes note with appreciation that the Secretary-Generals report entitled
In larger freedom: towards development, security and human rights for all (A/59/2005)
recognizes that the protection and promotion of the universal values of the rule of law, human
rights and democracy are ends in themselves and that they are also essential for a world of
justice, opportunity and stability;
4. Takes note with satisfaction of the Expert Seminar on Democracy and the Rule
of Law that took place from 28 February to 2 March 2005 in Geneva and welcomes the
elaboration of the compilation of international and regional documents on promoting and
consolidating democracy by the Office of the United Nations High Commissioner for
Human Rights;
5. Reaffirms that democracy facilitates the promotion and protection of civil
and political rights, as well as the progressive realization of all economic, social and cultural
rights;
6. Also reaffirms that the promotion and the protection of human rights is a
prerequisite for the existence of a democratic society;
7. Recognizes the importance of the continuous development and strengthening of
the United Nations human rights system for the consolidation of democracy;
8. Recalls that the interdependence between a functioning democracy, strong and
accountable institutions and effective rule of law is essential for a legitimate and effective
Government that is respectful of human rights;
9. Stresses that countries emerging from conflict may have special needs in
addressing legacies of human rights violations and in moving towards democratic governance
and the rule of law;
10. Welcomes the recent encouraging developments in countries on all continents
where free elections took place for the first time, positive constitutional changes were enacted
and democratic institutions were strengthened;
11. Recalls that democratization can be a fragile process and that the rule of law and
the respect of human rights are essential for the stability of democratic societies;
12. Also recalls that States are guarantors of democracy, human rights and the rule of
law and bear responsibility for their full implementation;
13. Welcomes commitments made to implement the Ulaanbaatar Plan of Action:
Democracy, Good Governance and Civil Society (A/58/387, annex II) adopted by the Fifth
International Conference of New or Restored Democracies held from 10 to 12 September 2003
and the Seoul Plan of Action on the theme Democracy, investing for peace and prosperity
(A/57/618, annex I) adopted by the Second Ministerial Conference of the Community of
Democracies held from 10 to 12 November 2002, as well as the Bamako Declaration (A/55/731,
annex) adopted by the Symposium on the Practices of Democracy, Rights and Freedoms in the
French-speaking Community held from 1 to 3 November 2000;

14. Calls upon States to make continuous efforts to strengthen the rule of law and
promote democracy by:
(a) Upholding the separation of powers by:
(i) Taking appropriate legislative, judicial and other institutional measures;
(ii) Ensuring public access to information in a manner that can be understood by
people and groups in society regarding the exercise of their rights, as
described in article 19 of the International Covenant on Civil and Political
Rights;
(iii) Engaging with civil society organizations and enabling them to participate
in the public debate on decisions that may lead to the effective separation of
powers and a fuller implementation of the rule of law;
(iv) Taking active and consistent measures aimed at increasing awareness
among the population of their human rights and of their possibilities of
resorting to remedies, as established by law, when their rights are infringed;
(b) Guaranteeing that no individual or public or private institution is above the law,
by ensuring that:
(i) The principles of equal protection before the courts and under the law are
respected within their legal systems;
(ii) Impunity is not tolerated for violations of human rights law and
international humanitarian law, and that such violations are investigated and
appropriately sanctioned, including by bringing the perpetrators of any
crimes to justice, through domestic mechanisms or, where appropriate,
regional or international mechanisms, in accordance with international
standards of fairness and due process of law;
(iii) All government agents, irrespective of their positions, are promptly held
fully accountable for any violation of the law that they commit;
(iv) The administration of justice is free from any form of discrimination;
(v) A sufficient degree of legal certainty and predictability is provided in the
application of the law, in order to avoid any arbitrariness;
(vi) Comprehensive anti-corruption strategies and measures are adequately
developed and applied in order to maintain the independence and
impartiality of the judiciary, and to ensure the accountability of the
members of the judiciary, legislative and executive systems;
(vii) The military remains accountable to democratically elected civilian
Government;

(viii) Military courts or special tribunals are independent, competent and
impartial, and that such courts or tribunals apply established procedures
of due process of law and guarantees of a fair trial, in accordance with
international obligations;
(c) Respecting equal protection under the law, by:
(i) Ensuring the right to liberty and security of persons without discrimination
and access to information regarding their rights and equal access to justice,
including through non-judicial measures;
(ii) Taking active measures to improve the access to justice of members
of disadvantaged and vulnerable groups whose full exercise of human rights
is impeded by, inter alia, the lack of information and/or resources;
(iii) Guaranteeing the right to a fair trial and to a due process of law without
discrimination, including the right to be presumed innocent until proven
guilty in a court of law;
(iv) Promoting continuously the independence and impartiality of a judiciary
free from unlawful or corrupt outside influence;
(v) Ensuring the appropriate remedies and sanctions for violations of
human rights;
(vi) Strengthening complementary effective protection of human rights by
encouraging the work of human rights defenders;
(vii) Encouraging the continuous training of public servants, military personnel,
parliamentary experts, lawyers, judges at all levels and the staff of the
courts, as appropriate to their area of responsibility, on international
standards and jurisprudence in the field of human rights, in particular
with respect to legal aspects and procedures related to equality under the
law;
(viii) Supporting inclusive and democratic approaches in the elaboration and
revision of fundamental texts that underpin democracy and the rule of law,
human rights and fundamental freedoms, such as constitutions and electoral
laws;
15. Stresses the importance of an effective, transparent and accountable functioning
of parliaments and acknowledges their fundamental role in the promotion and protection of
democracy and the rule of law;
16. Acknowledges that the Commission, by promoting the normative content and the
realization of the human rights enshrined in various international instruments, can play a role in
developing the principles, norms and standards that are the basis of democracy and the
implementation of the rule of law;

17. Urges the Office of the United Nations High Commissioner for Human Rights:
(a) To further develop, in close coordination with the relevant United Nations funds
and programmes, its technical assistance programmes in the area of administration of justice to
include more training for members of the executive, legislative and judicial branches on
international human rights standards and jurisprudence, in particular on the legal and procedural
aspects related to the separation of powers and to the equality under the law;
(b) To cooperate, in particular through its focal point set up to that effect, with
national Governments and parliaments in their efforts to promote democracy and the rule of law,
through partnerships with civil society organizations, in collaboration with other United Nations
bodies;
(c) To assist Governments, at their request, in designing projects of specific technical
assistance in support of democracy and the rule of law.
56th meeting
19 April 2005
[Resolution adopted by a recorded vote of 46 votes to none, with 7 abstentions, as follows:
In favour: Argentina, Armenia, Australia, Brazil, Burkina Faso, Canada, Congo, Costa Rica,
Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, France, Germany, Guatemala, Guinea, Honduras, Hungary,
India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria, Pakistan,
Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation, South Africa, Sri Lanka, Swaziland, Togo,
Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Zimbabwe.
Against: None.
Abstaining: Bhutan, China, Cuba, Eritrea, Gabon, Saudi Arabia, Sudan.
See chap. XI, paras. 309 to 317.]
2005/33. Independence and impartiality of the judiciary, jurors and assessors and
the independence of lawyers
The Commission on Human Rights,
Guided by articles 7, 8, 10 and 11 of the Universal Declaration of Human Rights and
articles 2, 14 and 26 of the International Covenant on Civil and Political Rights, and bearing in
mind the Vienna Declaration and Programme of Action (A/CONF.157/23), in particular Part I,
paragraph 27, and Part II, paragraphs 88, 90 and 95, thereof,
Convinced that an independent and impartial judiciary and an independent legal
profession are essential prerequisites for the protection of human rights and for ensuring that
there is no discrimination in the administration of justice,
Recalling its resolution 1994/41 of 4 March 1994, in which it requested the Chairman
of the Commission to appoint, for a period of three years, a special rapporteur on the
independence and impartiality of the judiciary, jurors and assessors and the independence
of lawyers, and its resolution 2003/43 of 23 April 2003, in which it decided to extend the
mandate of the Special Rapporteur for a further period of three years,

Recalling also its resolution 1995/36 of 3 March 1995, in which it endorsed the decision
of the Special Rapporteur to use, beginning in 1995, the short title Special Rapporteur on the
independence of judges and lawyers,
Recalling further General Assembly resolution 40/32 of 29 November 1985, as well as
Assembly resolution 40/146 of 13 December 1985, in which the Assembly endorsed the Basic
Principles on the Independence of the Judiciary, adopted by the Seventh United Nations
Congress on the Prevention of Crime and the Treatment of Offenders,
Recalling General Assembly resolution 45/166 of 18 December 1990, in which the
Assembly welcomed the Basic Principles on the Role of Lawyers and the Guidelines on the Role
of Prosecutors, adopted by the Eighth United Nations Congress on the Prevention of Crime and
the Treatment of Offenders, and invited Governments to respect them and to take them into
account within the framework of their national legislation and practice,
Recalling also the Bangalore Principles of Judicial Conduct (E/CN.4/2003/65, annex),
adopted at the Round Table Meeting of Chief Justices held in The Hague on 25 and
26 November 2002 and bringing those principles to the attention of Member States, relevant
United Nations organs and intergovernmental and non-governmental organizations for their
consideration,
Recalling further the recommendations adopted by the Ninth United Nations Congress
on the Prevention of Crime and the Treatment of Offenders regarding, among other things, the
invitation addressed to Member States to ensure the independence and impartiality of the
judiciary and the proper functioning of prosecutorial and legal services in the field of penal
justice and police affairs, taking into account the Basic Principles on the Independence of the
Judiciary,
Recalling the Statement of Principles on the Independence of the Judiciary adopted in
Beijing in August 1995 by the Sixth Conference of Chief Justices of Asia and the Pacific, and
the Cairo Declaration, adopted in November 1995 by the Third Conference of Francophone
Ministers of Justice,
Acknowledging the importance for the Special Rapporteur of being able to cooperate
closely, in the framework of his mandate, with the Office of the United Nations
High Commissioner for Human Rights in the field of advisory services and technical
cooperation, which could contribute to guaranteeing the independence of judges and lawyers,
Recognizing the importance of the role of non-governmental organizations, bar
associations and professional associations of judges in the defence of the principles of the
independence of lawyers and judges,
Noting with concern the increasingly frequent attacks on their independence suffered by
judges, lawyers and court officers, and aware of the close link between the weakening of
safeguards for judges, lawyers and court officers and the frequency and gravity of violations of
human rights,

1. Takes note of the report of the Special Rapporteur on the independence of judges
and lawyers on the activities relating to his mandate (E/CN.4/2005/60 and Add.1 and 2 and
Add.3 and Add.3/Corr.1 and Add.4);
2. Notes the Special Rapporteurs concern that the situation of the independence of
judges and lawyers, which is the bedrock of the rule of law, remains delicate in many parts of
the world;
3. Also notes the cooperative working methods that the Special Rapporteur has
adopted to draw up his report and implement his mandate, as described in Commission
resolution 1994/41;
4. Welcomes the numerous exchanges the Special Rapporteur has had with several
intergovernmental and international organizations and United Nations bodies, and encourages
him to continue along this path;
5. Notes with appreciation the determination of the Special Rapporteur to achieve
as wide a dissemination as possible of information about existing standards relating to the
independence and impartiality of the judiciary and the independence of the legal profession
in conjunction with the publications and promotional activities of the Office of the
High Commissioner;
6. Invites the High Commissioner to continue to provide technical assistance to train
judges and lawyers;
7. Calls upon all Governments to respect and uphold the independence of judges and
lawyers and, to that end, to take effective legislative, law enforcement and other appropriate
measures that will enable them to carry out their professional duties without harassment or
intimidation of any kind;
8. Welcomes the publication of Human Rights in the Administration of Justice:
A Manual on Human Rights for Judges, Prosecutors and Lawyers in the context of the
United Nations Decade for Human Rights Education;
9. Urges all Governments to assist the Special Rapporteur in the discharge of his
mandate and to transmit to him all the information requested;
10. Encourages Governments that face difficulties in guaranteeing the independence
of judges and lawyers, or that are determined to take measures to implement these principles
further, to consult and to consider the services of the Special Rapporteur, for instance by inviting
him to their country if the Government concerned deems it necessary;
11. Takes note of the report submitted by Mr. Emmanuel Decaux to the
Sub-Commission on the Promotion and Protection of Human Rights on the administration of
justice through military tribunals (E/CN.4/Sub.2/2004/7), which includes draft principles
governing the administration of justice through military tribunals;
12. Notes that the report of Mr. Decaux containing an updated version of the
draft principles will be submitted to the Commission at its sixty-second session for its
consideration;

13. Requests the Special Rapporteur to submit a report on the activities relating to
his mandate to the General Assembly at its sixtieth session and to the Commission at its
sixty-second session and decides to consider the question at that session, under the same
agenda item;
14. Requests the Secretary-General, within the limits of the United Nations regular
budget, to provide the Special Rapporteur with any assistance needed for the discharge of his
mandate.
56th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 318 to 321.]
2005/34. Extrajudicial, summary or arbitrary executions
The Commission on Human Rights,
Recalling the Universal Declaration of Human Rights, which guarantees the right to life,
liberty and security of person, and the relevant provisions of the International Covenant on Civil
and Political Rights,
Having regard to the legal framework of the mandate of the Special Rapporteur on
extrajudicial, summary or arbitrary executions, including the provisions contained in
Commission resolution 1992/72 of 5 March 1992 and General Assembly resolution 47/136
of 18 December 1992,
Mindful of all General Assembly resolutions and of Commission resolutions
on extrajudicial, summary or arbitrary executions, in particular its resolutions 2001/45
of 23 April 2001 and 2004/37 of 19 April 2004,
Recalling Economic and Social Council resolution 1984/50 of 25 May 1984 and the
safeguards guaranteeing protection of the rights of those facing the death penalty, annexed
thereto, and Council resolution 1989/64 of 24 May 1989 on their implementation, as well as the
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by
the General Assembly in its resolution 40/34 of 29 November 1985,
Recalling also Economic and Social Council resolution 1989/65 of 24 May 1989, in
which the Council recommended the Principles on the Effective Prevention and Investigation of
Extralegal, Arbitrary and Summary Executions,
Convinced of the need for effective action to combat and to eliminate the abhorrent
practice of extrajudicial, summary or arbitrary executions, which represent a flagrant violation of
the inherent right to life,
Acknowledging that extrajudicial, summary or arbitrary executions can amount to
genocide, crimes against humanity or war crimes, as defined under the Rome Statute of the
International Criminal Court (A/CONF.183/9), and noting the 98 ratifications or accessions by

States and the 139 signatures to date by States to the Rome Statute of the International Criminal
Court as well as the first referrals by States and the Security Council of a situation to the Court
and the ongoing investigations by the Prosecutor,
Acknowledging also that international human rights law and international humanitarian
law are complementary and not mutually exclusive and stressing the importance of adopting a
victims perspective in the prevention of extrajudicial, summary or arbitrary executions,
Dismayed that in a number of countries impunity, the negation of justice, continues to
prevail and often remains the main cause of the continued occurrence of extrajudicial, summary
or arbitrary executions,
Noting with deep concern the growing number of civilians and persons hors de combat
killed in situations of armed conflict and internal strife,
1. Strongly condemns once again all extrajudicial, summary or arbitrary executions
that continue to take place throughout the world;
2. Notes with deep concern that, in certain circumstances, cases of extrajudicial,
summary or arbitrary executions may result in mass murder, ethnic cleansing or genocide;
3. Demands that all States ensure that the practice of extrajudicial, summary or
arbitrary executions is brought to an end and that they take effective action to combat and
eliminate the phenomenon in all its forms;
4. Reiterates the obligation of all States to conduct exhaustive and impartial
investigations into all suspected cases of extrajudicial, summary or arbitrary executions, to
identify and bring to justice those responsible, while ensuring the right of every person to a fair
and public hearing by a competent, independent and impartial tribunal established by law, to
grant adequate compensation within a reasonable time to the victims or their families and to
adopt all necessary measures, including legal and judicial measures, in order to bring an end to
impunity and to prevent the recurrence of such executions, as stated in the Principles on the
Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions;
5. Reaffirms the obligation of States to protect the inherent right to life of all persons
under their jurisdiction and calls upon States concerned to investigate promptly and thoroughly
all cases of killings, including those committed in the name of passion or in the name of honour,
all killings committed for any discriminatory reason, including sexual orientation; racially
motivated violence leading to the death of the victim; killings of members of national, ethnic,
religious or linguistic minorities, of refugees, of internally displaced persons, of street children,
of members of indigenous communities or of migrants; killings of persons for reasons related to
their activities as human rights defenders, lawyers, doctors, journalists or as demonstrators, in
particular as a consequence of their exercise of the right to freedom of opinion and expression; as
well as other cases where a persons right to life has been violated, all of which are being
committed in various parts of the world, and to bring those responsible to justice before a
competent, independent and impartial national tribunal or, where appropriate, international
tribunal, and to ensure that such killings, including those committed by security forces, police
and law enforcement agents, paramilitary groups or private forces, are neither condoned nor
sanctioned by government officials or personnel;

6. Calls upon all States in which the death penalty has not been abolished to
comply with their obligations under relevant provisions of international human rights
instruments, including in particular articles 6, 7 and 14 of the International Covenant on Civil
and Political Rights and articles 37 and 40 of the Convention on the Rights of the Child,
bearing in mind the safeguards and guarantees set out in Economic and Social Council
resolutions 1984/50 and 1989/64;
7. Urges all States to take all necessary and possible measures, in conformity with
international human rights law and international humanitarian law, to prevent loss of life, in
particular that of children, during internal and communal violence, civil unrest, public
demonstrations, public emergency and armed conflicts, and to ensure, through education,
training and other measures, that police, law enforcement officials, armed forces and
other government officials act with restraint and in conformity with international human
rights law and international humanitarian law, and to include a gender perspective in such
measures;
8. Notes with deep concern that impunity continues to be a major cause of the
perpetuation of violations of human rights, including extrajudicial, summary or arbitrary
executions;
9. Recognizes the International Criminal Court as an important contribution to
ending impunity for extrajudicial, summary or arbitrary executions and calls upon all States
to consider signing, ratifying or acceding to the Rome Statute of the Court;
10. Acknowledges the importance of the special procedures of the Commission, in
particular the Special Rapporteur on extrajudicial, summary or arbitrary executions, in their role
as early warning mechanisms in preventing the crime of genocide and crimes against humanity,
and encourages them to cooperate towards this end;
11. Appeals to all States to ensure that all persons deprived of their liberty are treated
with humanity and with respect for the inherent dignity of the human person and that conditions
in places of detention conform to the Standard Minimum Rules for the Treatment of Prisoners
and, where applicable, to the Geneva Conventions, of 12 August 1949, and the Additional
Protocols thereto of 8 June 1977 in relation to the treatment of prisoners in armed conflicts, as
well as to other pertinent international instruments;
12. Takes note of the report of the Special Rapporteur (E/CN.4/2005/7 and Corr.1 and
Add.1) and the conclusions and recommendations contained therein, and invites States to give
them due consideration;
13. Commends the important role the Special Rapporteur has played towards the
elimination of extrajudicial, summary or arbitrary executions, and encourages the Special
Rapporteur to continue, within the framework of his mandate, to collect information from all
concerned, to respond effectively to reliable information that comes before him, to follow up on
communications and country visits and to seek the views and comments of Governments and to
reflect them, as appropriate, in the elaboration of his reports;

14. Strongly urges all States to cooperate with and assist the Special Rapporteur so
that his mandate may be carried out effectively, including, where appropriate, by issuing
invitations to the Special Rapporteur when he so requests, in keeping with the usual terms of
reference for missions by special rapporteurs of the Commission, and to respond to the
communications transmitted to them by the Special Rapporteur;
15. Expresses its appreciation to those States that have invited the Special Rapporteur
to visit their countries, asks them to examine carefully the recommendations made by the Special
Rapporteur, invites them to report to the Special Rapporteur on the actions taken on those
recommendations and requests other States, including those mentioned in the report of the
Special Rapporteur, to cooperate in a similar way;
16. Calls upon all States to reply in a timely manner to the extent possible to specific
allegations, based on credible information, and reports of extrajudicial, summary or arbitrary
executions transmitted to them by the Special Rapporteur, and takes note of the steps taken by
the Special Rapporteur to enhance the rate and quality of responses on the part of States;
17. Expresses its concern that a number of States mentioned in the report of the
Special Rapporteur have not replied to specific allegations, based on credible information, and
reports of extrajudicial, summary or arbitrary executions transmitted to them by the Special
Rapporteur;
18. Urges the Special Rapporteur to continue to draw to the attention of the
United Nations High Commissioner for Human Rights and, as appropriate, the Special Adviser
to the Secretary-General on the Prevention of Genocide such situations of extrajudicial, summary
or arbitrary execution as are of particularly serious concern to him or where early action might
prevent further deterioration;
19. Welcomes the cooperation established between the Special Rapporteur and other
United Nations mechanisms and procedures in the field of human rights and encourages the
Special Rapporteur to continue his efforts in this regard;
20. Again requests the Secretary-General to provide the Special Rapporteur with
adequate human, financial and material resources in order to enable him to carry out his mandate
effectively, including through country visits;
21. Also requests the Secretary-General and the High Commissioner to continue to
use their best endeavours in cases where the minimum standard of legal safeguards provided for
in articles 6, 7, 9, 14 and 15 of the International Covenant on Civil and Political Rights appears
not to be respected;
22. Further requests the Secretary-General to continue, in close collaboration with
the High Commissioner, in conformity with the mandate of the High Commissioner established
by the General Assembly in its resolution 48/141 of 20 December 1993, to ensure that personnel
specialized in human rights and humanitarian law issues form part of United Nations missions,
where appropriate, in order to deal with serious violations of international human rights and
international humanitarian law, such as extrajudicial, summary or arbitrary executions;

23. Decides to consider during each of its sessions the reports of the Special
Rapporteur and to take action on the question of extrajudicial, summary or arbitrary executions
at its sixty-third session under the same agenda item.
56th meeting
19 April 2005
[Resolution adopted by a recorded vote of 36 votes to none, with 17 abstentions, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Canada, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Eritrea, Finland, France, Germany, Guatemala, Honduras, Hungary, Ireland, Italy,
Japan, Kenya, Mexico, Netherlands, Nigeria, Paraguay, Peru, Republic of Korea, Romania, Russian Federation,
South Africa, Sri Lanka, Swaziland, Ukraine, United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Against: None.
Abstaining: Burkina Faso, China, Egypt, Ethiopia, Gabon, Guinea, India, Indonesia, Malaysia, Mauritania,
Nepal, Pakistan, Qatar, Saudi Arabia, Sudan, Togo, United States of America.
See chap. XI, paras. 322 to 333.]
2005/35. Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law
The Commission on Human Rights,
Recalling the report of the independent expert appointed by the Commission,
Mr. M. Cherif Bassiouni (E/CN.4/2000/62), and, in particular, the draft of the basic principles
and guidelines on the right to a remedy and reparation for victims of violations of international
human rights and humanitarian law annexed to his report, and the note by the
Secretariat (E/CN.4/2002/70),
Recalling all its previous resolutions on the matter, particularly resolution 2004/34
of 19 April 2004,
Thanking the independent experts, Mr. M. Cherif Bassiouni and Mr. Theo van Boven, for
their most valuable contributions to the finalization of the draft basic principles and guidelines,
Welcoming with appreciation the report of Mr. Alejandro Salinas,
Chairperson-Rapporteur of the third consultative meeting on the basic principles and
guidelines on the right to a remedy and reparation for victims of violations of international
human rights and humanitarian law (see E/CN.4/2005/59), and in particular his assessment
that the mandate provided in resolution 2004/34 - to finalize the draft basic principles and
guidelines - has been fulfilled as the document reflects three rounds of consultative meetings
and some fifteen years of work on the text,
1. Adopts the Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law annexed to the present resolution;

2. Recommends that States take the Basic Principles and Guidelines into account,
promote respect thereof and bring them to the attention of members of the executive bodies of
Government, in particular law enforcement officials and military and security forces, legislative
bodies, the judiciary, victims and their representatives, human rights defenders and lawyers,
the media and the public in general;
3. Recommends the following draft resolution to the Economic and Social Council
for adoption:
[For the text, see chap. I, sect. A, draft resolution.]
56th meeting
19 April 2005
[Resolution adopted by a recorded vote of 40 votes to none, with 13 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Finland, France, Gabon, Guatemala, Guinea, Honduras, Hungary, Indonesia, Ireland,
Italy, Japan, Kenya, Malaysia, Mexico, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Republic of Korea,
Romania, Russian Federation, South Africa, Sri Lanka, Swaziland, Ukraine, United Kingdom of Great Britain and
Northern Ireland, Zimbabwe.
Against: None.
Abstaining: Australia, Egypt, Eritrea, Ethiopia, Germany, India, Mauritania, Nepal, Qatar, Saudi Arabia,
Sudan, Togo, United States of America.
See chap. XI, paras. 334 to 339.]
ANNEX
Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law
Preamble
The Commission on Human Rights,
Recalling the provisions providing a right to a remedy for victims of violations of international human
rights law found in numerous international instruments, in particular the Universal Declaration of Human Rights at
article 8, the International Covenant on Civil and Political Rights at article 2, the International Convention on the
Elimination of All Forms of Racial Discrimination at article 6, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment at article 14, the Convention on the Rights of the Child at
article 39, and of international humanitarian law as found in article 3 of the Hague Convention of 18 October 1907
concerning the Laws and Customs of War on Land (Convention IV), article 91 of Protocol Additional to the Geneva
Conventions of 12 August 1949 relating to the Protection of Victims of International Armed Conflicts (Protocol I)
of 8 June 1977, and articles 68 and 75 of the Rome Statute of the International Criminal Court,
Recalling also the provisions providing a right to a remedy for victims of violations of international human
rights found in regional conventions, in particular the African Charter on Human and Peoples Rights at article 7, the
American Convention on Human Rights at article 25, and the Convention for the Protection of Human Rights and
Fundamental Freedoms at article 13,

Recalling further the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
emanating from the deliberations of the Seventh United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, and General Assembly resolution 40/34 of 29 November 1985 by which the Assembly
adopted the text recommended by the Congress,
Reaffirming the principles enunciated in the Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power, including that victims should be treated with compassion and respect for their dignity, have
their right to access to justice and redress mechanisms fully respected, and that the establishment, strengthening and
expansion of national funds for compensation to victims should be encouraged, together with the expeditious
development of appropriate rights and remedies for victims,
Noting that the Rome Statute of the International Criminal Court (A/CONF.183/9) requires the
establishment of principles relating to reparation to, or in respect of, victims, including restitution, compensation
and rehabilitation and requires the Assembly of States Parties to establish a trust fund for the benefit of victims of
crimes within the jurisdiction of the Court, and of the families of such victims, and mandates the Court to protect
the safety, physical and psychological well-being, dignity and privacy of victims and to permit the participation of
victims at all stages of the proceedings determined to be appropriate by the Court,
Affirming that the Basic Principles and Guidelines contained herein are directed at gross violations of
international human rights law and serious violations of international humanitarian law which, by their very grave
nature, constitute an affront to human dignity,
Emphasizing that the Basic Principles and Guidelines do not entail new international or domestic legal
obligations but identify mechanisms, modalities, procedures and methods for the implementation of existing legal
obligations under international human rights law and international humanitarian law which are complementary
though different as to their norms,
Recalling that international law contains the obligation to prosecute perpetrators of certain international
crimes in accordance with international obligations of States and the requirements of national law or as provided for
in the applicable statutes of international judicial organs, and that the duty to prosecute reinforces the international
legal obligations to be carried out in accordance with national legal requirements and procedures and supports the
concept of complementarity,
Noting that contemporary forms of victimization, while essentially directed against persons, may
nevertheless also be directed against groups of persons who are targeted collectively,
Recognizing that, in honouring the victims right to benefit from remedies and reparation, the international
community keeps faith with the plight of victims, survivors and future human generations, and reaffirms the
international legal principles of accountability, justice and the rule of law,
Convinced that, in adopting a victim-oriented perspective, the international community affirms its human
solidarity with victims of violations of international law, including violations of international human rights law and
international humanitarian law, as well as with humanity at large, in accordance with the following Basic Principles
and Guidelines,
Adopts the following Basic Principles:
I. OBLIGATION TO RESPECT, ENSURE RESPECT FOR AND
IMPLEMENT INTERNATIONAL HUMAN RIGHTS LAW
AND INTERNATIONAL HUMANITARIAN LAW
1. The obligation to respect, ensure respect for and implement international human rights law and
international humanitarian law as provided for under the respective bodies of law emanates from:
(a) Treaties to which a State is a party;
(b) Customary international law;
(c) The domestic law of each State.

2. If they have not already done so, States shall, as required under international law, ensure that their domestic
law is consistent with their international legal obligations by:
(a) Incorporating norms of international human rights law and international humanitarian law into
their domestic law, or otherwise implementing them in their domestic legal system;
(b) Adopting appropriate and effective legislative and administrative procedures and other appropriate
measures that provide fair, effective and prompt access to justice;
(c) Making available adequate, effective, prompt, and appropriate remedies, including reparation, as
defined below; and
(d) Ensuring that their domestic law provides at least the same level of protection for victims as
required by their international obligations.
II. SCOPE OF THE OBLIGATION
3. The obligation to respect, ensure respect for and implement international human rights law and
international humanitarian law as provided for under the respective bodies of law, includes, inter alia, the duty to:
(a) Take appropriate legislative and administrative and other appropriate measures to prevent
violations;
(b) Investigate violations effectively, promptly, thoroughly and impartially and, where appropriate,
take action against those allegedly responsible in accordance with domestic and international law;
(c) Provide those who claim to be victims of a human rights or humanitarian law violation with equal
and effective access to justice, as described below, irrespective of who may ultimately be the bearer of responsibility
for the violation; and
(d) Provide effective remedies to victims, including reparation, as described below.
III. GROSS VIOLATIONS OF INTERNATIONAL HUMAN RIGHTS LAW AND
SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW
THAT CONSTITUTE CRIMES UNDER INTERNATIONAL LAW
4. In cases of gross violations of international human rights law and serious violations of international
humanitarian law constituting crimes under international law, States have the duty to investigate and, if there is
sufficient evidence, the duty to submit to prosecution the person allegedly responsible for the violations and, if
found guilty, the duty to punish her or him. Moreover, in these cases, States should, in accordance with international
law, cooperate with one another and assist international judicial organs competent in the investigation and
prosecution of these violations.
5. To that end, where so provided in an applicable treaty or under other international law obligations, States
shall incorporate or otherwise implement within their domestic law appropriate provisions for universal jurisdiction.
Moreover, where it is so provided for in an applicable treaty or other international legal obligations, States should
facilitate extradition or surrender offenders to other States and to appropriate international judicial bodies and
provide judicial assistance and other forms of cooperation in the pursuit of international justice, including assistance
to, and protection of, victims and witnesses, consistent with international human rights legal standards and subject to
international legal requirements such as those relating to the prohibition of torture and other forms of cruel, inhuman
or degrading treatment or punishment.
IV. STATUTES OF LIMITATIONS
6. Where so provided for in an applicable treaty or contained in other international legal obligations, statutes
of limitations shall not apply to gross violations of international human rights law and serious violations of
international humanitarian law which constitute crimes under international law.

7. Domestic statutes of limitations for other types of violations that do not constitute crimes under
international law, including those time limitations applicable to civil claims and other procedures, should not be
unduly restrictive.
V. VICTIMS OF GROSS VIOLATIONS OF INTERNATIONAL HUMAN RIGHTS LAW
AND SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW
8. For purposes of this document, victims are persons who individually or collectively suffered harm,
including physical or mental injury, emotional suffering, economic loss or substantial impairment of their
fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or
serious violations of international humanitarian law. Where appropriate, and in accordance with domestic law, the
term victim also includes the immediate family or dependants of the direct victim and persons who have suffered
harm in intervening to assist victims in distress or to prevent victimization.
9. A person shall be considered a victim regardless of whether the perpetrator of the violation is identified,
apprehended, prosecuted, or convicted and regardless of the familial relationship between the perpetrator and the
victim.
VI. TREATMENT OF VICTIMS
10. Victims should be treated with humanity and respect for their dignity and human rights, and appropriate
measures should be taken to ensure their safety, physical and psychological well-being and privacy, as well as those
of their families. The State should ensure that its domestic laws, to the extent possible, provide that a victim who has
suffered violence or trauma should benefit from special consideration and care to avoid his or her re-traumatization
in the course of legal and administrative procedures designed to provide justice and reparation.
VII. VICTIMS RIGHT TO REMEDIES
11. Remedies for gross violations of international human rights law and serious violations of international
humanitarian law include the victims right to the following as provided for under international law:
(a) Equal and effective access to justice;
(b) Adequate, effective and prompt reparation for harm suffered; and
(c) Access to relevant information concerning violations and reparation mechanisms.
VIII. ACCESS TO JUSTICE
12. A victim of a gross violation of international human rights law or of a serious violation of international
humanitarian law shall have equal access to an effective judicial remedy as provided for under international law.
Other remedies available to the victim include access to administrative and other bodies, as well as mechanisms,
modalities and proceedings conducted in accordance with domestic law. Obligations arising under international law
to secure the right to access justice and fair and impartial proceedings shall be reflected in domestic laws. To that
end, States should:
(a) Disseminate, through public and private mechanisms, information about all available remedies for
gross violations of international human rights law and serious violations of international humanitarian law;
(b) Take measures to minimize the inconvenience to victims and their representatives, protect against
unlawful interference with their privacy as appropriate and ensure their safety from intimidation and retaliation, as
well as that of their families and witnesses, before, during and after judicial, administrative, or other proceedings
that affect the interests of victims;
(c) Provide proper assistance to victims seeking access to justice;
(d) Make available all appropriate legal, diplomatic and consular means to ensure that victims can
exercise their rights to remedy for gross violations of international human rights law or serious violations of
international humanitarian law.

13. In addition to individual access to justice, States should endeavour to develop procedures to allow groups
of victims to present claims for reparation and to receive reparation, as appropriate.
14. An adequate, effective and prompt remedy for gross violations of international human rights law or serious
violations of international humanitarian law should include all available and appropriate international processes in
which a person may have legal standing and should be without prejudice to any other domestic remedies.
IX. REPARATION FOR HARM SUFFERED
15. Adequate, effective and prompt reparation is intended to promote justice by redressing gross violations of
international human rights law or serious violations of international humanitarian law. Reparation should be
proportional to the gravity of the violations and the harm suffered. In accordance with its domestic laws and
international legal obligations, a State shall provide reparation to victims for acts or omissions which can be
attributed to the State and constitute gross violations of international human rights law or serious violations of
international humanitarian law. In cases where a person, a legal person, or other entity is found liable for reparation
to a victim, such party should provide reparation to the victim or compensate the State if the State has already
provided reparation to the victim.
16. States should endeavour to establish national programmes for reparation and other assistance to victims in
the event that the party liable for the harm suffered is unable or unwilling to meet their obligations.
17. States shall, with respect to claims by victims, enforce domestic judgements for reparation against
individuals or entities liable for the harm suffered and endeavour to enforce valid foreign legal judgements for
reparation in accordance with domestic law and international legal obligations. To that end, States should provide
under their domestic laws effective mechanisms for the enforcement of reparation judgements.
18. In accordance with domestic law and international law, and taking account of individual circumstances,
victims of gross violations of international human rights law and serious violations of international humanitarian law
should, as appropriate and proportional to the gravity of the violation and the circumstances of each case, be
provided with full and effective reparation, as laid out in principles 19 to 23, which include the following forms:
restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
19. Restitution should, whenever possible, restore the victim to the original situation before the gross violations
of international human rights law or serious violations of international humanitarian law occurred. Restitution
includes, as appropriate: restoration of liberty, enjoyment of human rights, identity, family life and citizenship,
return to ones place of residence, restoration of employment and return of property.
20. Compensation should be provided for any economically assessable damage, as appropriate and
proportional to the gravity of the violation and the circumstances of each case, resulting from gross violations of
international human rights law and serious violations of international humanitarian law, such as:
(a) Physical or mental harm;
(b) Lost opportunities, including employment, education and social benefits;
(c) Material damages and loss of earnings, including loss of earning potential;
(d) Moral damage;
(e) Costs required for legal or expert assistance, medicine and medical services, and psychological
and social services.
21. Rehabilitation should include medical and psychological care as well as legal and social services.
22. Satisfaction should include, where applicable, any or all of the following:
(a) Effective measures aimed at the cessation of continuing violations;

(b) Verification of the facts and full and public disclosure of the truth to the extent that such
disclosure does not cause further harm or threaten the safety and interests of the victim, the victims relatives,
witnesses, or persons who have intervened to assist the victim or prevent the occurrence of further violations;
(c) The search for the whereabouts of the disappeared, for the identities of the children abducted,
and for the bodies of those killed, and assistance in the recovery, identification and reburial of the bodies in
accordance with the expressed or presumed wish of the victims, or the cultural practices of the families and
communities;
(d) An official declaration or a judicial decision restoring the dignity, the reputation and the rights of
the victim and of persons closely connected with the victim;
(e) Public apology, including acknowledgement of the facts and acceptance of responsibility;
(f) Judicial and administrative sanctions against persons liable for the violations;
(g) Commemorations and tributes to the victims;
(h) Inclusion of an accurate account of the violations that occurred in international human rights law
and international humanitarian law training and in educational material at all levels.
23. Guarantees of non-repetition should include, where applicable, any or all of the following measures,
which will also contribute to prevention:
(a) Ensuring effective civilian control of military and security forces;
(b) Ensuring that all civilian and military proceedings abide by international standards of due process,
fairness and impartiality;
(c) Strengthening the independence of the judiciary;
(d) Protecting persons in the legal, medical and health-care professions, the media and other related
professions, and human rights defenders;
(e) Providing, on a priority and continued basis, human rights and international humanitarian law
education to all sectors of society and training for law enforcement officials as well as military and security forces;
(f) Promoting the observance of codes of conduct and ethical norms, in particular international
standards, by public servants, including law enforcement, correctional, media, medical, psychological, social service
and military personnel, as well as by economic enterprises;
(g) Promoting mechanisms for preventing and monitoring social conflicts and their resolution;
(h) Reviewing and reforming laws contributing to or allowing gross violations of international human
rights law and serious violations of international humanitarian law.
X. ACCESS TO RELEVANT INFORMATION CONCERNING
VIOLATIONS AND REPARATION MECHANISMS
24. States should develop means of informing the general public and, in particular, victims of gross violations
of international human rights law and serious violations of international humanitarian law of the rights and remedies
addressed by these Basic Principles and Guidelines and of all available legal, medical, psychological, social,
administrative and all other services to which victims may have a right of access. Moreover, victims and their
representatives should be entitled to seek and obtain information on the causes leading to their victimization and on
the causes and conditions pertaining to the gross violations of international human rights law and serious violations
of international humanitarian law and to learn the truth in regard to these violations.

XI. NON-DISCRIMINATION
25. The application and interpretation of these Basic Principles and Guidelines must be consistent with
international human rights law and international humanitarian law and be without any discrimination of any kind or
ground, without exception.
XII. NON-DEROGATION
26. Nothing in these Basic Principles and Guidelines shall be construed as restricting or derogating from any
rights or obligations arising under domestic and international law. In particular, it is understood that the present
Basic Principles and Guidelines are without prejudice to the right to a remedy and reparation for victims of all
violations of international human rights law and international humanitarian law. It is further understood that these
Basic Principles and Guidelines are without prejudice to special rules of international law.
XIII. RIGHTS OF OTHERS
27. Nothing in this document is to be construed as derogating from internationally or nationally protected
rights of others, in particular the right of an accused person to benefit from applicable standards of due process.
2005/36. The incompatibility between democracy and racism
The Commission on Human Rights,
Guided by 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,
Recalling the commitment reached in the Vienna Declaration and Programme of Action
adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23) concerning
the elimination of racism, racial discrimination, xenophobia and related intolerance,
Recalling also its resolutions 2000/40 of 20 April 2000, 2001/43 of 23 April 2001,
2002/39 of 23 April 2002, 2003/41 of 23 April 2003 and 2004/38 of 19 April 2004,
Recalling further the Durban Declaration and Programme of Action, adopted in
September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance (A/CONF.189/12 and Corr.1),
Mindful of the responsibility of Governments to ensure such equality as is established in
the relevant international and regional human rights instruments, inter alia, the Universal
Declaration of Human Rights, the International Covenants on Human Rights and the
International Convention on the Elimination of All Forms of Racial Discrimination,
Reaffirming that acts of racial violence and discrimination do not constitute legitimate
expressions of opinion, but rather unlawful acts or offences,
Remaining alarmed by the rise of racism, racial discrimination, xenophobia and related
intolerance in political circles, in the sphere of public opinion and in society at large,
Recognizing the importance of freedom of speech and the fundamental role of education
and other active policies in the promotion of tolerance and respect for others and in the
construction of pluralistic and inclusive societies,

1. Condemns political platforms and organizations based on racism, xenophobia or
doctrines of racial superiority and related discrimination, as well as legislation and practices
based on racism, xenophobia and related intolerance, as incompatible with democracy and
transparent and accountable governance;
2. Reaffirms that racism, racial discrimination, xenophobia and related intolerance
condoned by governmental policies violate human rights, as established in the relevant
international and regional human rights instruments, and may endanger friendly relations among
peoples, cooperation among nations, international peace and security and the harmony of persons
living side by side within one and the same State;
3. Also reaffirms that any form of impunity condoned by public authorities for
crimes motivated by racist and xenophobic attitudes plays a role in weakening the rule of law
and democracy and tends to encourage the recurrence of such acts;
4. Strongly condemns the persistence and resurgence of neo-Nazism, neo-fascism
and violent nationalist ideologies based on racial or national prejudice, and states that these
phenomena can never be justified in any instance or in any circumstances;
5. Recognizes with deep concern the increase in anti-Semitism, and
Christianophobia and Islamophobia in various parts of the world, as well as the emergence of
racial and violent movements based on racism and discriminatory ideas against Arab, Christian,
Jewish and Muslim communities, as well as communities of people of African descent and
communities of people of Asian descent, and other communities;
6. Emphasizes that the elimination of all forms of discrimination, especially gender,
ethnic and racial discrimination, as well as diverse forms of intolerance, the promotion and
protection of human rights of persons of indigenous origin and members of indigenous
communities and migrants, and respect for ethnic, cultural and religious diversity contribute to
strengthening and promoting democracy and political participation;
7. Urges States to reinforce their commitment to promote tolerance and
human rights and to fight against racism, racial discrimination, xenophobia and related
intolerance as a way to strengthen democracy, the rule of law and transparent and accountable
governance, and in that regard recommends measures such as introducing or reinforcing
human rights education in schools and in institutions of higher education;
8. Also urges States to ensure that their political and legal systems reflect the
multicultural diversity within their societies through promoting diversity, to improving
democratic institutions, making them more fully participatory and inclusive and
avoiding marginalization and exclusion of, and discrimination against, specific sectors of
society;
9. Underlines the key role that political leaders and political parties can and ought
to play in strengthening democracy by combating racism, racial discrimination, xenophobia
and related intolerance, and encourages political parties to take concrete steps to promote
solidarity, tolerance and respect, inter alia by developing voluntary codes of conduct which

include internal disciplinary measures for violations thereof, so their members refrain from
public statements and actions that encourage or incite racism, racial discrimination, xenophobia
and related intolerance;
10. Invites the Inter-Parliamentary Union and other relevant interparliamentary
organizations to encourage debate in, and action by, the concerned parliaments on various
measures, including laws and policies, to combat racism, racial discrimination, xenophobia and
related intolerance;
11. Invites the mechanisms of the Commission and the United Nations treaty bodies
to continue to pay particular attention to violations of human rights stemming from the rise of
racism and xenophobia in political circles and society at large, especially as regards their
incompatibility with democracy;
12. Takes note of the report of the Office of the United Nations High Commissioner
for Human Rights on the interdependence between democracy and human rights
(E/CN.4/2005/57);
13. Recommends the creation, where they do not exist, of monitoring, reporting,
documentation and information-processing institutions and procedures in order to contribute to
preventing and reducing racial, ethnic or religious tensions;
14. Encourages States to consider developing public information, awareness-raising
and education campaigns with a transdisciplinary approach with a view to combating
racial prejudice;
15. Encourages political leaders, civil society and the media to remain vigilant
against the penetration of racist and xenophobic ideas in the political platforms of
democratic parties;
16. Invites the Office of the High Commissioner, in collaboration with the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, to continue appropriate efforts to analyse further the issue of incitement and
promotion of racism, racial discrimination, xenophobia and related intolerance in the political
debate;
17. Invites the Special Rapporteur to review and further expand the study on the
question of political platforms which promote or incite racial discrimination (E/CN.4/2004/61),
as updated for the General Assembly (A/59/330), and to submit it to the Commission at its
sixty-second session;
18. Decides to continue consideration of the matter at its sixty-second session under
the same agenda item.
56th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 340 to 342.]

2005/37. Promoting the rights to peaceful assembly and association
The Commission on Human Rights,
Recalling that Member States have pledged themselves to achieve, in cooperation with
the United Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms,
Recalling also that the Universal Declaration of Human Rights declares the right to
freedom of peaceful assembly and association and that the International Covenant on Civil and
Political Rights provides for the right of peaceful assembly and the right to freedom of
association with others,
Recalling further the Philadelphia Declaration adopted by the General Conference of the
International Labour Organization on 10 May 1944 and incorporated subsequently into the
Constitution of the Organization, in which the Members reaffirmed the fundamental principles
on which the International Labour Organization is based, in particular that freedom of expression
and of association are essential to sustained progress, and relevant conventions, declarations,
programmes and activities underscoring the importance of freedom of association,
Recognizing that the rights to freedom of peaceful assembly and of association are
essential components of democracy, providing individuals with invaluable opportunities to,
inter alia, express political opinions, engage in literary and artistic pursuits and other cultural and
social activities, engage in religious observances, form and join trade unions, and elect leaders to
represent their interests,
Recalling that, according to the International Covenant on Civil and Political Rights, the
exercise of the rights to peaceful assembly and association can be subject to certain restrictions,
Recognizing that exercising the rights to freedom of peaceful assembly and of association
free of constraint, except where consistent with applicable international law, in particular
international human rights law, is indispensable to the full enjoyment of these rights, particularly
where individuals may espouse minority or dissenting religious or political beliefs,
Recognizing also that no one may be compelled to belong to an association,
1. Calls upon Member States to respect and fully protect the rights to assemble
peacefully and associate freely of all individuals, including those espousing minority or
dissenting views or beliefs, and to take all necessary measures to ensure that any restrictions
on the free exercise of the rights to freedom of peaceful assembly and of association are in
accordance with applicable international law, including the International Covenant on Civil and
Political Rights;
2. Calls upon the Office of the United Nations High Commissioner for
Human Rights to assist States to promote and protect the rights to freedom of peaceful assembly
and of association, including through the technical assistance programmes of her Office, at the
request of States, as well as to cooperate with relevant bodies of the United Nations system and
other intergovernmental organizations to assist States to promote and protect the rights to
freedom of peaceful assembly and of association;

3. Encourages civil society, including non-governmental organizations and the
private sector, to promote and facilitate the enjoyment of the rights to freedom of peaceful
assembly and of association;
4. Calls upon the special procedures of the Commission, as appropriate, to consider
the rights to freedom of peaceful assembly and of association in the exercise of their mandates;
5. Decides to consider the present resolution at its sixty-third session under the same
agenda item.
57th meeting
19 April 2005
[Resolution adopted by a recorded vote of 45 votes to none, with 8 abstentions, as follows:
In favour: Argentina, Armenia, Australia, Brazil, Burkina Faso, Canada, Congo, Costa Rica,
Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea, Honduras,
Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria,
Pakistan, Paraguay, Peru, Republic of Korea, Romania, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine,
United Kingdom of Great Britain and Northern Ireland, United States of America.
Against: None.
Abstaining: Bhutan, China, Cuba, Eritrea, Qatar, Russian Federation, Saudi Arabia, Zimbabwe.
See chap. XI, paras. 343 to 354.]
2005/38. The right to freedom of opinion and expression
The Commission on Human Rights,
Recalling its previous resolutions on the right to freedom of opinion and expression,
inter alia, its resolution 2004/42 of 19 April 2004,
Recognizing that the exercise of the right to freedom of opinion and expression is one of
the essential foundations of a democratic society; is enabled by a democratic environment which,
inter alia, offers guarantees for its protection; is essential to full and effective participation in a
free and democratic society; and is instrumental to the development and strengthening of
effective democratic systems,
Recognizing also that the effective exercise of the right to freedom of opinion and
expression is an important indicator of the level of protection of other human rights and
freedoms, bearing in mind that all human rights are universal, indivisible, interdependent and
interrelated,
Deeply concerned that violations of the right to freedom of opinion and expression
continue to occur, including increased attacks directed against, and killings of, journalists and
media workers, and stressing the need to ensure greater protection for all media professionals
and for journalistic sources,
Stressing the need to ensure that invocation of national security, including
counter-terrorism, is not used unjustifiably or arbitrarily to restrict the right to freedom of
opinion and expression,

Stressing also the importance of full respect for the freedom to seek, receive and impart
information, including the fundamental importance of access to information to democratic
participation, to accountability and to combating corruption,
Recognizing the importance of all forms of the media, including the print media, radio,
television and the Internet, in the exercise, promotion and protection of the right to freedom of
opinion and expression,
1. Reaffirms the rights contained in the International Covenant on Civil and Political
Rights regarding the right of everyone to hold opinions without interference, as well as the right
to freedom of expression, including the freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or
through any other media of their choice, and the intrinsically linked rights to freedom of thought,
conscience and religion, peaceful assembly and association and the right to take part in the
conduct of public affairs;
2. Takes note of the report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression (E/CN.4/2005/64 and Corr.1 and
Add.1-5) and welcomes in particular his ongoing and increasing cooperation with other
mechanisms and organizations;
3. Expresses its continuing concern that:
(a) Violations of the rights referred to in paragraph 1 above continue to occur, often
with impunity, including extrajudicial killing, arbitrary detention, torture, intimidation,
persecution and harassment, threats and acts of violence and of discrimination, including
gender-based violence and discrimination, increased abuse of legal provisions on defamation and
criminal libel as well as on surveillance, search and seizure, and censorship, against persons who
exercise, seek to promote or defend these rights, including journalists, writers and other media
workers, Internet users and human rights defenders;
(b) These violations are facilitated and aggravated by abuse of states of emergency;
(c) Threats and acts of violence, including killings, attacks and terrorist acts,
particularly directed against journalists and other media workers in situations of armed conflict,
have increased and are not adequately punished, in particular in those circumstances where
public authorities are involved in committing those acts;
(d) High rates of illiteracy continue to exist in the world, especially among women,
and reaffirms that full and equal access to education for girls and boys, women and men, is
crucial for the full enjoyment of the right to freedom of opinion and expression;
(e) Media concentration is a growing phenomenon in the world, and can limit a
plurality of views;
4. Calls upon all States:
(a) To respect and ensure respect for the rights referred to in paragraph 1 above;

(b) To take all necessary measures to put an end to violations of these rights and to
create conditions to prevent such violations, including by ensuring that relevant national
legislation complies with their international human rights obligations and is effectively
implemented;
(c) To ensure that victims of violations of these rights have an effective remedy, to
investigate effectively threats and acts of violence, including terrorist acts, against journalists,
including in situations of armed conflict, and to bring to justice those responsible to combat
impunity;
(d) To ensure that persons exercising these rights are not discriminated against,
particularly in employment, housing, the justice system, social services and education, with
particular attention to women;
(e) To facilitate the full, equal and effective participation and free communication of
women at all levels of decision-making in their societies and in national, regional and
international institutions, including in mechanisms for the prevention, management and
resolution of conflicts;
(f) To enable children to exercise their right to express their views freely, including
through school curricula that encourage the development and respect for different opinions, in all
matters affecting them, the views of the child being given due weight in accordance with the age
and maturity of the child;
(g) To respect freedom of expression in the media and broadcasting, in particular the
editorial independence of the media;
(h) To promote a pluralistic approach to information and multiple points of views
through encouraging a diversity of ownership of media and of sources of information, including
mass media, through, inter alia, transparent licensing systems and effective regulations on undue
concentration of ownership of the media in the private sector;
(i) To create and permit an enabling environment in which training and professional
development of the media can be organized in order to promote and protect the right to freedom
of opinion and expression and can be carried out without threat of legal, criminal or
administrative sanction by the State;
(j) To refrain from the use of imprisonment or the imposition of fines for offences
relating to the media, which are disproportionate to the gravity of the offence and which violate
international human rights law;
(k) To adopt and implement policies and programmes that aim to effectively raise
awareness of, and disseminate information and education on, prevention and treatment of
HIV/AIDS and other diseases through effective and equal access to information and all
appropriate means, including through the media and availability of information and
communication technologies, and targeted at specific vulnerable groups;

(l) To adopt and implement laws and policies that provide for a general right of
public access to information held by public authorities, which may be restricted only in
accordance with article 19 of the International Covenant on Civil and Political Rights;
(m) To facilitate equal participation in, access to and use of, information and
communications technology such as the Internet, applying a gender perspective, and to
encourage international cooperation aimed at the development of media and information and
communication facilities in all countries;
(n) To review their procedures, practices and legislation, as necessary, to ensure that
any limitations on the right to freedom of opinion and expression are only such as are provided
by law and are necessary for the respect of the rights and reputations of others, or for the
protection of national security or of public order (ordre public) or of public health or morals;
(o) To refrain from using counter-terrorism as a pretext to restrict the right to freedom
of opinion and expression in ways that are contrary to their obligations under international law;
(p) While noting that article 19, paragraph 3, of the International Covenant on Civil
and Political Rights provides that the exercise of the right to freedom of opinion and expression
carries with it special duties and responsibilities, to refrain from imposing restrictions which are
not consistent with paragraph 3 of that article, including on:
(i) Discussion of government policies and political debate; reporting on human
rights, government activities and corruption in government; engaging in
election campaigns, peaceful demonstrations or political activities, including
for peace or democracy; and expression of opinion and dissent, religion or
belief, including by persons belonging to minorities or vulnerable groups;
(ii) The free flow of information and ideas, including practices such as the
banning or closing of publications or other media and the abuse of
administrative measures and censorship;
(iii) Access to or use of information and communication technologies, including
radio, television and the Internet;
5. Calls on all parties to armed conflict to respect international humanitarian law,
including their obligations under the Geneva Conventions, of 12 August 1949, for the protection
of victims of war and the two Additional Protocols thereto of 8 June 1977, whose provisions
extend protection to journalists in situations of armed conflict;
6. Recognizes the positive contribution that the exercise of the right to freedom of
expression, particularly by the media, including through information and communication
technologies such as the Internet, and full respect for the freedom to seek, receive and impart
information, can make to the fight against racism, racial discrimination, xenophobia and related
intolerance and to preventing human rights abuses, but expresses regret about the promotion by
certain media of false images and negative stereotypes of vulnerable individuals or groups of
individuals, and about the use of information and communication technologies such as the

Internet for purposes contrary to respect for human rights, in particular the perpetration of
violence against and exploitation and abuse of women and children and disseminating racist and
xenophobic discourse or content;
7. Invites the Special Rapporteur, within the framework of his mandate, to continue
to carry out his activities in accordance with its resolution 2004/76 of 21 April 2004 on
human rights and special procedures and paragraph 17 (a) to (d) and (f) of its resolution 2003/42,
in particular his cooperation with other mechanisms and human rights treaty bodies and
organizations, including regional organizations and non-governmental organizations;
8. Appeals to all States to cooperate fully with and assist the Special Rapporteur in
the performance of his tasks, to provide all necessary information requested by him and to
consider favourably his requests for visits and for implementing his recommendations;
9. Invites once again the United Nations High Commissioner for Human Rights, the
working groups, representatives and special rapporteurs of the Commission and human rights
treaty bodies to pay attention, within the framework of their mandates, to the situation of persons
whose right to freedom of opinion and expression has been violated;
10. Reminds States of the possibility of seeking technical assistance if needed,
including from the Office of the United Nations High Commissioner for Human Rights, to better
promote and protect the right to freedom of opinion and expression;
11. Welcomes the participation of the Special Rapporteur in the first preparatory
meeting for the second phase of the World Summit on the Information Society, which took place
in Hammamet, Tunisia, from 24 to 26 June 2004, and stresses the importance of the continued
active participation of the Special Rapporteur and the High Commissioner, within the framework
of their mandates, in the second phase, including preparatory meetings, of the World Summit, to
be held in Tunis from 16 to 18 November 2005, to provide information and expertise on matters
related to the right to freedom of opinion and expression;
12. Again requests the Secretary-General to provide the assistance necessary to the
Special Rapporteur to fulfil his mandate effectively, in particular by placing adequate human and
material resources at his disposal;
13. Decides to extend the mandate of the Special Rapporteur for a further three years;
14. Requests the Special Rapporteur to submit each year to the Commission a report
covering activities relating to his mandate;
15. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 10.]
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 355 to 359.]

2005/39. Torture and other cruel, inhuman or degrading treatment or punishment
The Commission on Human Rights,
Reaffirming that no one should be subjected to torture or other cruel, inhuman or
degrading treatment or punishment, as defined in article 1 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Recalling that freedom from torture and other cruel, inhuman or degrading treatment or
punishment is a non-derogable right and must be protected under all circumstances, including in
times of international and internal armed conflict or internal disturbance, and that the prohibition
of torture and other cruel, inhuman or degrading treatment or punishment is affirmed in relevant
international instruments such as the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, as well as in other relevant international
instruments, as set out in the second preambular paragraph of Commission resolution 2001/62
of 25 April 2001,
Recalling also that a number of international, regional and domestic courts, including the
International Criminal Tribunal for the Former Yugoslavia, have recognized that the prohibition
of torture is a peremptory norm of international law,
Noting that under the Geneva Conventions, of 12 August 1949, torture is a grave breach
and that under the statute of the International Criminal Tribunal for the Former Yugoslavia, the
statute of the International Tribunal for Rwanda and the Rome Statute of the International
Criminal Court acts of torture can constitute crimes against humanity and war crimes,
Emphasizing the importance of Governments taking persistent action to prevent and
combat torture, inter alia by ensuring proper follow-up of recommendations of the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,
Commending the persistent efforts by civil society, in particular non-governmental
organizations, to combat torture and to alleviate the suffering of victims of torture,
Recalling all relevant resolutions of the General Assembly, the Economic and Social
Council and its own resolutions on the subject, in particular Commission resolution 2004/41
of 19 April 2004 and taking note of Assembly resolution 59/182 of 20 December 2004,
1. Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, which are and shall remain prohibited at any time and in any place whatsoever and
can thus never be justified, and calls upon all Governments to implement fully the prohibition of
torture and other cruel, inhuman or degrading treatment or punishment;
2. Condemns in particular any action or attempt by States or public officials to
legalize, authorize or acquiesce in torture under any circumstances, including on grounds of
national security or through judicial decisions;

3. Stresses in particular that all allegations of torture or other cruel, inhuman or
degrading treatment or punishment must be promptly and impartially examined by the competent
national authority, that those who encourage, order, tolerate or perpetrate acts of torture must be
held responsible and severely punished, including the officials in charge of the place of detention
where the prohibited act is found to have been committed, and takes note in this respect of the
Principles on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (the Istanbul Principles) - annexed to
Commission resolution 2000/43 of 20 April 2000, as well as General Assembly resolution 55/89
of 4 December 2000 - as a useful tool in efforts to combat torture;
4. Urges States to ensure that any statement, that is established to have been made as
a result of torture shall not be invoked as evidence in any proceedings, except against a person
accused of torture as evidence that the statement was made;
5. Also urges States not to expel, return (refouler), extradite or in any other way
transfer a person to another State where there are substantial grounds for believing that the
person would be in danger of being subjected to torture;
6. Stresses that national legal systems should ensure that victims of torture or other
cruel, inhuman or degrading treatment or punishment obtain redress, are awarded fair and
adequate compensation and receive appropriate socio-medical rehabilitation, and in this regard
encourages the development of rehabilitation centres for victims of torture;
7. Reminds Governments that corporal punishment, including of children, can
amount to cruel, inhuman or degrading punishment or even to torture;
8. Also reminds Governments that, as described in article 1 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, intimidation
and coercion, including serious and credible threats, as well as death threats, to the physical
integrity of the victim or of a third person can amount to cruel, inhuman or degrading treatment
or to torture;
9. Reminds all States that prolonged incommunicado detention or detention in secret
places may facilitate the perpetration of torture and other cruel, inhuman or degrading treatment
or punishment and can in itself constitute a form of such treatment, and urges all States to respect
the safeguards concerning the liberty, security and the dignity of the person;
10. Recalls General Assembly resolution 43/173 of 9 December 1988, entitled Body
of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
11. Stresses that all acts of torture must be made offences under domestic criminal
law, and emphasizes that acts of torture are serious violations of international human rights law
and humanitarian law and can constitute crimes against humanity and war crimes, and that the
perpetrators are liable to prosecution and punishment;
12. Also stresses that States must not punish personnel for not obeying orders to
commit acts amounting to torture or other cruel, inhuman or degrading treatment or punishment;

13. Urges Governments to protect medical and other personnel for their role in
documenting torture or any other form of cruel, inhuman or degrading treatment or punishment
and in treating victims of such acts;
14. Emphasizes that States must ensure education and training for personnel who
may be involved in the custody, interrogation or treatment of any individual subjected to
any form of arrest, detention or imprisonment, and calls upon the United Nations
High Commissioner for Human Rights, in conformity with the mandate established in
General Assembly resolution 48/141 of 20 December 1993, to provide, at the request
of Governments, advisory services in this regard, as well as technical assistance in the
development, production and distribution of appropriate teaching material for this purpose;
15. Invites donor countries, recipient countries and relevant United Nations
organizations, funds and programmes, in particular the Office of the United Nations
High Commissioner for Human Rights, to consider, where appropriate, including in their
respective bilateral programmes and technical cooperation projects relating to the training of
relevant personnel, inter alia armed forces, security forces, border guards, prison and police
personnel and health-care personnel, matters relating to the protection of human rights, including
the prevention of torture, while bearing in mind a gender perspective;
16. Welcomes the study by the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment concerning the situation of trade in and
production of equipment that is specifically designed to inflict torture or other cruel, inhuman or
degrading treatment, its origin, destination and forms (see E/CN.4/2005/62), and calls upon
Governments to consider taking effective legislative, administrative, judicial and other measures
to prohibit the production, trade, export and use of such equipment, as recommended by the
Special Rapporteur;
17. Urges all States to become parties to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment as a matter of priority;
18. Calls upon all States to ensure that no reservation is incompatible with the object
and purpose of the Convention and encourages States parties to consider limiting the extent of
any reservations they lodge to the Convention, to formulate any reservations as precisely and
narrowly as possible and to review regularly any reservations made in respect of the provisions
of the Convention, with a view to withdrawing them;
19. Invites all States ratifying or acceding to the Convention and those States parties
that have not yet done so to make the declarations provided for in articles 21 and 22 of the
Convention and urges States parties to notify the Secretary-General of their acceptance of the
amendments to articles 17 and 18 of the Convention as soon as possible;
20. Urges all States parties to comply strictly with their obligations in accordance
with article 19 of the Convention, including their reporting obligations, and, in particular,
those States parties whose reports are long overdue to submit their reports forthwith, and invites
States parties to incorporate a gender perspective and information concerning children and
juveniles when submitting reports to the Committee against Torture;

21. Calls upon States parties to give early consideration to signing and ratifying the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, providing further measures for use in the fight against and prevention
of torture, which was adopted on 18 December 2002 by the General Assembly in its
resolution 57/199, and notes in this context that ratification by 20 States is required for the
Optional Protocol to enter into force;
22. Welcomes the report of the Committee against Torture on its thirty-first and
thirty-second sessions (A/59/44);
23. Also welcomes the work of the Committee and its practice of formulating
concluding observations after the consideration of reports and recognizes the importance of the
process of individual communications relating to States that have made the declaration under
article 22 of the Convention, as well as its practice of carrying out inquiries into cases where
there are indications of the systematic practice of torture within the jurisdiction of States parties,
and urges States parties to take fully into account such conclusions and recommendations, as
well as views on individual communications;
24. Takes note with appreciation of the report of the Secretary-General on the status
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (E/CN.4/2005/53) and requests the Secretary-General to continue to submit an
annual report to the Commission;
25. Welcomes the report of the Special Rapporteur on the question of torture
(E/CN.4/2005/62 and Add.1-3) and the recommendations contained therein;
26. Underlines the importance of the mandate of the Special Rapporteur in the
elimination of torture and other cruel, inhuman or degrading treatment or punishment, recalls the
methods of work of the Special Rapporteur (E/CN.4/1997/7, annex), approved by the
Commission in its resolution 2001/62, and draws the attention of the Special Rapporteur to
those aspects related to his activities set out in paragraphs 4, 30 and 31 of Commission
resolution 2004/41, with a view to his reporting to the Commission as appropriate;
27. Calls upon all Governments to cooperate with and assist the Special Rapporteur
in the performance of his task, to supply all necessary information requested by him and to react
appropriately and expeditiously to his urgent appeals, and urges those Governments that have not
yet responded to communications transmitted to them by the Special Rapporteur to answer
without further delay;
28. Also calls upon all Governments to give serious consideration to responding
favourably to the Special Rapporteurs requests to visit their countries and urges them to enter
into a constructive dialogue with the Special Rapporteur with respect to the follow-up to his
recommendations, so as to enable him to fulfil his mandate even more effectively;
29. Invites the Special Rapporteur to submit an interim report to the
General Assembly at its sixtieth session on the overall trends and developments with regard to
his mandate and a full report to the Commission at its sixty-second session, including as addenda
all replies sent by Governments that are received in any of the official languages of the
United Nations;

30. Takes note of the report of the Secretary-General on the United Nations Voluntary
Fund for Victims of Torture (E/CN.4/2005/54 and Corr.1);
31. Welcomes the final report on the evaluation of the Fund (E/CN.4/2005/55) and
calls on the Fund to continue to implement the recommendations contained therein, including on
the reform of its working methods;
32. Recognizes the global need for international assistance to victims of torture,
stresses the importance of the work of the Board of Trustees of the Fund and appeals to all
Governments, organizations and individuals to contribute annually to the Fund, preferably with a
substantial increase in the contributions;
33. Requests the Secretary-General to continue to include the Fund, on an annual
basis, among the programmes for which funds are pledged at the United Nations Pledging
Conference for Development Activities and to transmit to all Governments the appeals of the
Commission for contributions to the Fund;
34. Calls upon the Board of Trustees of the Fund to report to the Commission at its
sixty-second session;
35. Requests the Secretary-General to ensure, within the overall budgetary framework
of the United Nations, the provision of an adequate and stable level of staffing, as well as the
necessary technical facilities, for the bodies and mechanisms involved in combating torture and
assisting victims of torture, in order to ensure their effective performance commensurate with the
strong support expressed by Member States for combating torture and assisting victims of
torture;
36. Calls upon all Governments, the High Commissioner and United Nations bodies
and agencies, as well as relevant intergovernmental and non-governmental organizations, to
commemorate on 26 June the United Nations International Day in Support of Victims of Torture
as proclaimed by the General Assembly in its resolution 52/149 of 12 December 1997;
37. Decides to continue to consider this matter at its sixty-second session, as a matter
of priority.
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 360 to 362.]
2005/40. Elimination of all forms of intolerance and of discrimination based on
religion or belief
The Commission on Human Rights,
Recalling General Assembly resolution 36/55 of 25 November 1981, by which it
proclaimed the Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief,

Recalling also article 18 of the International Covenant on Civil and Political Rights,
article 18 of the Universal Declaration of Human Rights and other relevant human rights
provisions,
Reaffirming the call of the World Conference on Human Rights upon all Governments to
take all appropriate measures in compliance with their international obligations and with due
regard to their respective legal systems to counter intolerance and related violence based on
religion or belief, including practices of discrimination against women and the desecration of
religious sites, recognizing that every individual has the right to freedom of thought, conscience,
expression and religion,
Reaffirming also the recognition by the World Conference on Human Rights that all
human rights are universal, indivisible, interdependent, and interrelated,
Recalling General Assembly resolution 56/6 of 9 November 2001 on the Global Agenda
for Dialogue among Civilizations, in which the Assembly recognized the valuable contribution
that dialogue among civilizations can make to an improved awareness and understanding of the
common values shared by all humankind,
Considering that the disregard for and infringement of human rights and fundamental
freedoms, in particular of the right to freedom of thought, conscience, religion or belief, have
brought, directly or indirectly, wars and great suffering to humankind,
Considering also that religion or belief, for those who profess either, is one of the
fundamental elements in their conception of life and that freedom of religion or belief should be
fully respected and guaranteed,
Seriously concerned at all attacks upon religious places, sites and shrines, including any
deliberate destruction of relics and monuments,
Seriously concerned also at the misuse of registration procedures as a means to limit the
right to freedom of religion or belief of members of certain religious communities, as well as at
the limitations placed on religious publications,
Recognizing the important work carried out by the Human Rights Committee in
providing guidance with respect to the scope of the freedom of religion or belief,
Recognizing also the importance of promoting dialogue among civilizations in order to
enhance mutual understanding and knowledge among different social groups, cultures and
civilizations in various areas, including culture, religion, education, information, science and
technology, as well as in order to contribute to the promotion and protection of human rights and
fundamental freedoms,
Convinced of the need to address, for instance in the context of the Global Agenda for
Dialogue among Civilizations, the rise of religious extremism affecting the rights of individuals
and groups based on religion or belief in all parts of the world, the situations of violence and
discrimination that affect many women as a result of religion or belief, and the abuse of religion
or belief for ends inconsistent with the Charter of the United Nations and other relevant
instruments of the United Nations,

Resolved to adopt all necessary and appropriate measures for the speedy elimination of
such intolerance based on religion or belief in all its forms and manifestations and to prevent and
combat discrimination based on religion or belief,
Noting that a formal or legal distinction at the national level between different kinds of
religions or faith-based communities may, in some cases, constitute discrimination and may
impinge on the enjoyment of the freedom of religion or belief,
Underlining the importance of education in the promotion of tolerance, which involves
the acceptance by the public of, and its respect for, diversity, including with regard to religious
expressions, and also underlining that education, in particular at school, should contribute in a
meaningful way to promoting tolerance and the elimination of discrimination based on religion
or belief,
Recalling the importance of the International Consultative Conference on School
Education in Relation with Freedom of Religion or Belief, Tolerance and Non-Discrimination
held in Madrid in November 2001, and continuing to invite Governments to give consideration
to the Final Document adopted at the Conference,
Recognizing the importance of inter- and intra-religious dialogue and the role of religious
and other non-governmental organizations in promoting tolerance in matters relating to religion
and belief,
Believing that further intensified efforts are therefore required to promote and protect the
right to freedom of thought, conscience, religion or belief and to eliminate all forms of hatred,
intolerance and discrimination based on religion or belief, as also noted at the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance,
1. Takes note with appreciation of the report of the Special Rapporteur on freedom
of religion or belief (E/CN.4/2005/61 and Corr.1 and Add.1 and 2);
2. Condemns all forms of intolerance and of discrimination based on religion or
belief;
3. Encourages the efforts made by the United Nations High Commissioner for
Human Rights to coordinate in the field of human rights the activities of relevant United Nations
organs, bodies and mechanisms dealing with all forms of intolerance and of discrimination based
on religion or belief;
4. Urges States:
(a) To ensure that their constitutional and legislative systems provide adequate and
effective guarantees of freedom of thought, conscience, religion and belief to all without
distinction, inter alia by the provision of effective remedies in cases where the right to freedom
of thought, conscience, religion or belief, the right to practise freely ones religion, including the
right to change ones religion or belief, is violated;

(b) To exert the utmost efforts, in accordance with their national legislation and in
conformity with international human rights law, to ensure that religious places, sites, shrines and
religious expressions are fully respected and protected and to take additional measures in cases
where they are vulnerable to desecration or destruction;
(c) To review, whenever relevant, existing registration practices in order to ensure the
right of all persons to manifest their religion or belief, alone or in community with others and in
public or in private;
(d) To ensure, in particular, the right of all persons to worship or assemble in
connection with a religion or belief and to establish and maintain places for these purposes, as
well as the right of all persons to write, issue and disseminate relevant publications in these
areas, taking into account the limitations contained in article 29 of the Universal Declaration on
Human Rights;
(e) To ensure that, in accordance with appropriate national legislation and in
conformity with international human rights law, the freedom for all persons and members of
groups to establish and maintain religious, charitable or humanitarian institutions is fully
respected and protected;
(f) To ensure that no one within their jurisdiction is deprived of the right to life,
liberty, or security of person because of religion or belief and that no one is subjected to torture
or arbitrary arrest or detention on that account, and to bring to justice all perpetrators of
violations of these rights;
(g) To ensure that all public officials and civil servants, including members of law
enforcement bodies, the military and educators, in the course of their official duties, respect
different religions and beliefs and do not discriminate on the grounds of religion or belief, and
that all necessary and appropriate education or training is provided;
5. Stresses the need to strengthen dialogue, inter alia by revitalizing the Global
Agenda for Dialogue among Civilizations, and invites States, the Special Rapporteur, the Office
of the United Nations High Commissioner for Human Rights and other relevant parts of the
United Nations system, such as the United Nations Educational, Scientific and Cultural
Organization, other international and regional organizations, as well as civil society to consider
promoting dialogue among civilizations in order to contribute to the elimination of intolerance
and discrimination based on religion or belief, inter alia by addressing the following issues
within the framework of international standards of human rights:
(a) The rise of religious extremism affecting religions in all parts of the world;
(b) The situations of violence and discrimination that affect many women as a result
of religion or belief;
(c) The use of religion or belief for ends inconsistent with the Charter of the
United Nations and other relevant instruments of the United Nations;

6. Recognizes with deep concern the overall rise in instances of intolerance and
violence directed against members of many religious communities in various parts of the world,
including cases motivated by Islamophobia, anti-Semitism and Christianophobia;
7. Expresses concern at the persistence of institutionalized social intolerance and
discrimination practised in the name of religion or belief against many communities;
8. Urges States to step up their efforts to eliminate intolerance and discrimination
based on religion or belief, notably by:
(a) Taking all necessary and appropriate action, in conformity with international
standards of human rights, to combat hatred, intolerance and acts of violence, intimidation and
coercion motivated by intolerance based on religion or belief, with particular regard to religious
minorities, and also to devote particular attention to practices that violate the human rights of
women and discriminate against women, including in the exercise of their right to freedom of
thought, conscience, religion or belief;
(b) Promoting and encouraging, through education and other means, understanding,
tolerance and respect in all matters relating to freedom of religion or belief;
(c) Making all appropriate efforts to encourage those engaged in teaching to cultivate
respect for all religions or beliefs, thereby promoting mutual understanding and tolerance;
9. Recognizes that the exercise of tolerance and non-discrimination by all actors in
society is necessary for the full realization of the aims of the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief, and invites
Governments, religious bodies and civil society to continue to undertake dialogue at all levels to
promote greater tolerance, respect and understanding;
10. Emphasizes the importance of a continued and strengthened dialogue among and
within religions or beliefs, encompassed by the dialogue among civilizations, to promote greater
tolerance, respect and mutual understanding;
11. Also emphasizes that equating any religion with terrorism should be avoided as
this may have adverse consequences on the enjoyment of the right to freedom of religion or
belief of all members of the religious communities concerned;
12. Further emphasizes that, as underlined by the Human Rights Committee,
restrictions on the freedom to manifest religion or belief are permitted only if limitations are
prescribed by law, are necessary to protect public safety, order, health or morals, or the
fundamental rights and freedoms of others, and are applied in a manner that does not vitiate the
right to freedom of thought, conscience and religion;
13. Encourages the continuing efforts in all parts of the world by the
Special Rapporteur to examine incidents and governmental actions that are incompatible with the
provisions of the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief and to recommend remedial measures as
appropriate;

14. Stresses the need for the Special Rapporteur to continue to apply a gender
perspective, inter alia through the identification of gender-specific abuses, in the reporting
process, including in information collection and in recommendations;
15. Urges all Governments to cooperate fully with the Special Rapporteur and to
respond favourably to her request to visit their countries so as to enable her to fulfil her mandate
even more effectively;
16. Welcomes the work of the Special Rapporteur and reiterates the need for her to be
able to respond effectively to credible and reliable information that comes before her, and invites
her to continue to seek the views and comments of Governments concerned in the elaboration of
her report, as well as to continue to carry out her work with discretion, objectivity and
independence;
17. Welcomes and encourages the continuing efforts of non-governmental
organizations and bodies and groups based on religion or belief to promote the implementation
of the Declaration on the Elimination of All Forms of Discrimination Based on Religion or
Belief, and further encourages their work in promoting freedom of religion or belief and in
highlighting cases of religious intolerance, discrimination and persecution;
18. Recommends that the United Nations and other actors, in their efforts to promote
freedom of religion or belief, ensure the widest possible dissemination of the text of the
Declaration, in as many different languages as possible, by United Nations information centres,
as well as by other interested bodies;
19. Decides to continue its consideration of measures to implement the Declaration;
20. Requests the Secretary-General to ensure that the Special Rapporteur receives the
necessary resources to enable her to discharge her mandate fully;
21. Requests the Special Rapporteur to submit an interim report to the
General Assembly at its sixtieth session and to report to the Commission at its
sixty-second session;
22. Decides to consider the question of the elimination of all forms of religious
intolerance at its sixty-second session under the same agenda item.
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XI, paras. 363 to 366.]
2005/41. Elimination of violence against women
The Commission on Human Rights,
Reaffirming that discrimination on the basis of sex is contrary to the Charter of the
United Nations, the Universal Declaration of Human Rights, the Convention on the Elimination

of All Forms of Discrimination against Women and other international human rights instruments,
and that its elimination is an integral part of efforts towards the elimination of violence against
women and girls,
Reaffirming the Vienna Declaration and Programme of Action, the Declaration on the
Elimination of Violence against Women, the Beijing Declaration and Platform for Action, the
outcome of the twenty-third special session of the General Assembly, entitled Women 2000:
gender equality, development and peace for the twenty-first century, and the Declaration
adopted at the forty-ninth session of the Commission on the Status of Women,
Recalling all its previous resolutions on the elimination of violence against women, in
particular its resolution 1994/45 of 4 March 1994, in which it decided to appoint a special
rapporteur on violence against women, its causes and consequences, all General Assembly
resolutions relevant to elimination of violence against women, and Security Council
resolution 1325 (2000) of 31 October 2000 on women, peace and security,
Reaffirming the responsibility of all States to put an end to impunity and prosecute those
responsible for genocide, crimes against humanity and war crimes,
Recalling the inclusion of gender-related crimes and crimes of sexual violence in the
Rome Statute of the International Criminal Court (A/CONF.183/9), which affirms that rape,
sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and other forms of
sexual violence of comparable gravity constitute, in defined circumstances, a crime against
humanity and/or a war crime, and reiterating that acts of sexual violence in situations of armed
conflict can constitute serious violations or grave breaches of international humanitarian law,
Deeply concerned that all forms of discrimination, including racism, racial
discrimination, xenophobia and related intolerance, and multiple or aggravated forms of
discrimination and disadvantage can lead to the particular targeting or vulnerability to violence
of girls and some groups of women, such as women belonging to minority groups, indigenous
women, refugee and internally displaced women, migrant women, women living in rural or
remote communities, destitute women, women in institutions or in detention, women with
disabilities, elderly women, widows and women in situations of armed conflict, and women who
are otherwise discriminated against, including on the basis of HIV status,
Noting with concern the reported incidents of violence committed against women and
girls on the basis of dress code,
1. Welcomes:
(a) The report of the Special Rapporteur on violence against women, its causes and
consequences (E/CN.4/2005/72 and Corr.1 Add.1 and Corr.1, and Add.2-5), including her work
on the relationship between violence against women and HIV/AIDS;
(b) The initiatives, increasing efforts and important contributions at the national,
regional and international levels to eliminate all forms of violence against women and girls and
encourages the continued efforts of States, all United Nations bodies, funds and programmes,

regional organizations and non-governmental organizations, including womens organizations, to
build upon these successful initiatives, and to support and participate in regional consultations in
this area;
2. Reaffirms that the term violence against women means any act of gender-based
violence that results in, or is likely to result in, physical, sexual or psychological harm or
suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or in private life, and encompasses but is not limited to domestic
violence, crimes committed in the name of honour, crimes committed in the name of passion,
trafficking in women and girls, traditional practices harmful to women and girls, including
female genital mutilation, early and forced marriages, female infanticide, dowry-related violence
and deaths, acid attacks and violence related to commercial sexual exploitation as well as
economic exploitation;
3. Strongly condemns all acts of violence against women and girls, whether these
acts are perpetrated by the State, by private persons or non-State actors, and calls for the
elimination of all forms of gender-based violence in the family, within the general community
and where perpetrated or condoned by the State, in accordance with the Declaration on the
Elimination of Violence against Women, and stresses the need to treat all forms of violence
against women and girls as a criminal offence, punishable by law, as well as the duty to provide
access to just and effective remedies and specialized assistance to victims, including medical and
psychological assistance, as well as effective counselling;
4. Reaffirms that States have an obligation to exercise due diligence to prevent,
investigate and punish the perpetrators of violence against women and girls and to provide
protection to the victims, and that failure to do so violates and impairs or nullifies the enjoyment
of their human rights and fundamental freedoms;
5. Strongly condemns physical, sexual and psychological violence occurring in the
family, which encompasses, but is not limited to, battering, sexual abuse of women and girls in
the household, dowry-related violence, marital rape, female infanticide, female genital
mutilation, crimes committed against women and girls in the name of honour, crimes committed
in the name of passion, traditional practices harmful to women and girls, incest, early and forced
marriages, non-spousal violence and violence related to commercial sexual exploitation as well
as economic exploitation;
6. Stresses that all forms of violence against women occur within the context of
de jure and de facto discrimination against women and the lower status accorded to women in
society and are exacerbated by the obstacles women often face in seeking remedies from the
State;
7. Emphasizes that violence against women and girls has an impact on their physical
and mental health, including their reproductive and sexual health, and, in this regard, encourages
States to ensure the availability to women and girls of comprehensive and accessible health-care
services and programmes and to health-care providers who are knowledgeable and trained to
recognize signs of violence against women and girls and to meet the needs of patients who have
been subjected to violence, in order to minimize the adverse physical and psychological
consequences of violence;

8. Stresses that women should be empowered to protect themselves against violence
and, in this regard, stresses that women have the right to have control over and decide freely and
responsibly on matters related to their sexuality, including sexual and reproductive health, free of
coercion, discrimination and violence;
9. Emphasizes that violence against women and girls, inter alia rape, including
marital rape, female genital mutilation, incest, early and forced marriage, violence related to
trafficking, violence related to commercial sexual exploitation and economic exploitation, as
well as other forms of sexual violence, increases their vulnerability to HIV/AIDS, that HIV
infection further increases womens and girls vulnerability to violence, and that violence against
women and girls contributes to the conditions fostering the spread of HIV/AIDS;
10. Urges Governments to strengthen initiatives that would increase the capacities of
women and adolescent girls to protect themselves from the risk of HIV infection, principally
through the provision of health care and health services, including for sexual and reproductive
health, and through prevention education and campaigns that promote gender equality within a
culturally and gender-sensitive framework, taking into account the recommendations made by
the Special Rapporteur;
11. Also urges Governments to effectively promote and protect womens and girls
human rights, including reproductive rights and sexual health, in the context of HIV/AIDS to
lessen their vulnerability to HIV infection and to the impact of AIDS, as included in the
summary of the Guidelines on HIV/AIDS and Human Rights (E/CN.4/1997/37, para. 12) and to
cooperate with United Nations bodies, programmes and specialized agencies, and international
and non-governmental organizations in this regard;
12. Encourages Governments, in collaboration with United Nations bodies,
programmes and specialized agencies, and international and non-governmental organizations to
provide comprehensive care for victims of sexual violence, including psychosocial and legal
support, the timely and sufficient use of affordable and effective antiretroviral drugs both for
post-exposure prophylaxis and for ongoing treatment in case of HIV infection;
13. Urges Governments to design and implement programmes to encourage and
enable men and adolescent boys to adopt safe, informed and responsible sexual and reproductive
behaviour, and to use effectively methods to prevent unwanted pregnancies and sexually
transmitted infections, including HIV/AIDS;
14. Reminds Governments that their obligations under the Convention on the
Elimination of All Forms of Discrimination against Women must be implemented fully with
regard to violence against women, taking into account general recommendation No. 19 (1992) on
violence against women adopted by the Committee on the Elimination of Discrimination against
Women at its eleventh session, reaffirms their commitment to accelerate the achievement of
universal ratification of the Convention, and urges all States that have not yet ratified or acceded
to the Convention, to consider doing so, as a matter of priority;
15. Urges States parties to limit the extent of any reservations to the Convention on
the Elimination of All Forms of Discrimination against Women, to formulate any such
reservations as precisely and as narrowly as possible, to ensure that no reservations are

incompatible with the object and purpose of the Convention, to review their reservations
regularly with a view to withdrawing them and to withdraw reservations that are contrary to the
object and purpose of the Convention;
16. Also urges States parties to consider signing and ratifying the Optional Protocol to
the Convention on the Elimination of All Forms of Discrimination against Women;
17. Stresses that States have an affirmative duty to promote and protect the
human rights and fundamental freedoms of women and girls and must exercise due diligence to
prevent, investigate and punish all acts of violence against women and girls, and calls upon
States:
(a) To apply international human rights norms and to consider, as a matter of priority,
becoming party to international human rights instruments that relate to violence against women
and girls, and to implement fully their international obligations;
(b) To accelerate their efforts towards the full and effective implementation of the
Beijing Declaration and Platform for Action adopted by the Fourth World Conference on
Women and the outcome of the twenty-third special session of the General Assembly, entitled
Women 2000: gender equality, development and peace for the twenty-first century;
(c) To take all measures to empower women and strengthen their economic
independence, and to protect and promote the full enjoyment of all human rights and
fundamental freedoms in order to allow women and girls to protect themselves better against
violence and, in this regard, to give priority to and promote the full and equal participation in
public and political life of women as well as to ensure their full and equal access to education,
training, economic opportunity and economic advancement;
(d) To include in reports submitted in accordance with the provisions of relevant
United Nations human rights instruments data and information disaggregated by sex, age and
other factors, where appropriate, pertaining to violence against women and girls, including
measures to eliminate traditional or customary practices harmful to women and girls, and other
measures taken to implement the Declaration on the Elimination of Violence against Women, the
Platform for Action adopted by the Fourth World Conference on Women and other instruments
relevant to the elimination of violence against women and girls;
(e) To condemn violence against women and girls and not to invoke custom, tradition
or practices in the name of religion or culture to avoid their obligations to eliminate such
violence;
(f) To address the specific circumstances facing girls and young women in relation to
violence, especially sexual violence, including its immediate and long-term consequences;
(g) To address the specific circumstances facing indigenous women and girls in
relation to gender-based violence, especially sexual violence, arising from multiple, intersecting
and aggravated forms of discrimination, including racism, paying particular attention to the
structural causes of violence;

(h) To ensure that marital rape is not excluded from general criminal provisions, and
to investigate these acts and to prosecute and punish the perpetrators;
(i) To disseminate widely existing national guidelines for medico-legal care for
victims of sexual violence;
(j) To intensify efforts to develop and/or utilize legislative, educational, social
and other measures aimed at the prevention of violence against women and girls and to ensure
their full and equal access to justice, including the adoption and implementation of laws,
dissemination of information, active involvement with community-based players, and training
of legal, judicial and health personnel on gender-based violence and related issues, and, where
possible, through developing and strengthening support services;
(k) To enact and, where necessary, reinforce or amend domestic legislation, including
measures to enhance the protection of victims, to investigate, prosecute, punish and redress the
wrongs done to women and girls subjected to any form of violence, whether in the home, the
workplace, the community or society, in custody or in situations of armed conflict, to ensure that
such legislation conforms with relevant international human rights instruments and international
humanitarian law, to abolish existing laws, regulations, customs and practices which constitute
discrimination against women, to remove gender bias in the administration of justice, and to take
action to investigate and punish persons who perpetrate acts of violence against women and
girls;
(l) To formulate, implement and promote, at all appropriate levels, plans of action,
including time-bound measurable targets where appropriate, to eliminate violence against
women and girls, guided by, inter alia, the Declaration on the Elimination of Violence against
Women, as well as relevant regional instruments pertaining to the elimination of violence
against women and girls;
(m) To consider establishing appropriate national mechanisms for monitoring and
evaluating implementation of measures taken to eliminate violence against women and girls,
including through the use of national indicators, and to mainstream a gender perspective in
budget policies and processes at all levels;
(n) To support initiatives undertaken by womens organizations and
non-governmental organizations on the elimination of violence against women and girls and to
establish and/or strengthen, at the national level, collaborative relationships with relevant
non-governmental and community-based organizations, and with public and private sector
institutions, aimed at the development and effective implementation of provisions and policies
relating to violence against women and girls, including in the area of support services for
victims;
(o) To encourage and support men and boys to take an active part in the prevention
and elimination of all forms of violence, and especially gender-based violence, including in the
context of HIV/AIDS, and to increase awareness of mens and boys responsibility in ending the
cycle of violence, inter alia, through the promotion of attitudinal and behavioural change,
integrated education and training which prioritize the safety of women and children, prosecution
and rehabilitation of perpetrators, and support for survivors;

(p) To examine the impact of, and take measures to address, gender role stereotypes
that contribute to the prevalence of violence against women and girls, including in cooperation
with the United Nations system, regional organizations, civil society, the media and other
relevant actors;
(q) To develop and/or enhance, including through funding, training programmes for
judicial, legal, medical, social, educational, police, correctional service, military, peacekeeping,
humanitarian relief and immigration personnel, in order to prevent the abuse of power leading to
violence against women and girls and to sensitize such personnel to the nature of gender-based
acts and threats of violence;
(r) To provide gender-sensitive training to all actors, as appropriate, in peacekeeping
missions in dealing with female victims of violence, including sexual violence and, in this
regard, acknowledges the important role of peace support operations personnel in eliminating
violence against women and girls, and calls upon States to promote, and relevant agencies of the
United Nations system and regional organizations to ensure full and effective implementation of
the Ten Rules Code of Personal Conduct for Blue Helmets;
18. Strongly condemns violence against women and girls committed in situations of
armed conflict, such as murder, rape, including widespread and systematic rape, sexual slavery
and forced pregnancy, and calls for effective responses to these violations of human rights and
international humanitarian law;
19. Takes note of work already undertaken to implement Security Council
resolution 1325 (2000) on women, peace and security, and strongly urges continued efforts
towards its full implementation;
20. Acknowledges the inclusion of gender-related crimes in the Rome Statute of
the International Criminal Court and in the Elements of Crimes, adopted by the Assembly of
State Parties to the Rome Statute in September 2002, and urges States to ratify or accede to the
Rome Statute, which entered into force on 1 July 2002;
21. Stresses the importance of, and critical need for, concerted efforts to eliminate
impunity for violence against women and girls in situations of armed conflict, including by
prosecuting gender-related crimes and crimes of sexual violence, by providing protective
measures, counselling and other appropriate assistance to victims and witnesses, by integrating a
gender perspective into all efforts to eliminate impunity, including in international,
internationally supported and domestic courts and other tribunals, commissions of inquiry and
commissions for achieving truth and reconciliation, and invites the Special Rapporteur to report,
as appropriate, on these mechanisms;
22. Urges States to mainstream a gender perspective into all policies and
programmes, including national immigration and asylum policies, regulations and practices, as
appropriate, in order to promote and protect the rights of all women and girls, including the
consideration of steps to recognize gender-related persecution and violence when assessing
grounds for granting refugee status and asylum;

23. Also urges States and the United Nations system to give attention to,
and encourages greater international cooperation in systematic research and the collection,
analysis and dissemination of data, including data disaggregated by sex, age and other relevant
information, on the extent, nature and consequences of violence against women and girls, and
on the impact and effectiveness of policies and programmes for combating this violence;
24. Calls upon all relevant United Nations bodies, States, the Special Rapporteur, as
well as relevant non-governmental organizations, to cooperate closely in the preparation of the
Secretary-Generals in-depth study on all forms of violence against women;
25. Encourages the Special Rapporteur to respond effectively to reliable information
that comes before her and requests all Governments to cooperate with and assist the
Special Rapporteur in the performance of her mandated tasks and duties, to supply all
information requested, including with regard to implementation of her recommendations, and to
respond to the Special Rapporteurs visits and communications;
26. Bears in mind the need to develop, with full participation of all Member States, an
international consensus on indicators and ways to measure violence against women, calls on the
Special Rapporteur to recommend proposals for indicators on violence against women and on
measures taken to eliminate violence against women, for the use by, inter alia, Member States;
27. Invites the Special Rapporteur, with a view to promoting greater efficiency and
effectiveness, as well as enhancing her access to the information necessary to fulfil her duties, to
continue to cooperate with other special procedures of the Commission, regional
intergovernmental organizations and any of their mechanisms engaged in the promotion of
human rights of women and girls, including, where appropriate, undertaking joint missions, joint
reports, urgent appeals and communications;
28. Requests special rapporteurs responsible for various human rights questions,
United Nations organs and bodies, specialized agencies and intergovernmental organizations,
and encourages the human rights treaty bodies, to continue to give consideration to violence
against women and girls within their respective mandates, to cooperate with and assist the
Special Rapporteur in the performance of her mandated tasks and duties and, in particular, to
respond to her requests for information on violence against women, its causes and consequences;
29. Renews its request to the Secretary-General to continue to provide the
Special Rapporteur with all necessary assistance, in particular the staff and resources required to
perform all mandated functions, especially in carrying out and following up on missions
undertaken either separately or jointly with other special rapporteurs and working groups, and
adequate assistance for periodic consultations with the Committee on the Elimination of
Discrimination against Women and all other treaty bodies;
30. Requests the Secretary-General to ensure that the reports of the
Special Rapporteur are brought to the attention of the Commission on the Status of Women at
its fiftieth session, the General Assembly, as well as to the attention of the Committee on the
Elimination of Discrimination against Women, and requests the Special Rapporteur to present an
oral report to the General Assembly at its sixtieth session;

31. Decides to continue consideration of the question as a matter of high priority at its
sixty-second session.
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XII, paras. 380 to 393.]
2005/42. Integrating the human rights of women throughout the United Nations
system
The Commission on Human Rights,
Reaffirming that the equal rights of women and men are enshrined in the Charter of the
United Nations, the Universal Declaration of Human Rights, the Convention on the Elimination
of All Forms of Discrimination against Women and other international human rights instruments,
Recalling all previous resolutions on this subject, including General Assembly
resolution 59/164 of 20 December 2004,
Recalling also the Vienna Declaration and Programme of Action adopted in June 1993 by
the World Conference on Human Rights (A/CONF.157/23), which affirms that the human rights
of women and of the girl child are an inalienable, integral and indivisible part of universal human
rights and calls for action to integrate the equal status and human rights of women into the
mainstream of United Nations activity system-wide,
Welcoming the increased integration of a gender perspective into the work of all entities
of the United Nations and the major United Nations conferences, special sessions and summits
and their follow-up processes,
Reaffirming the Beijing Declaration and the Platform for Action adopted in
September 1995 by the Fourth World Conference on Women (A/CONF.177/20/Rev.1, chap. I)
and the outcome of the twenty-third special session of the General Assembly, entitled
Women 2000: gender equality, development and peace for the twenty-first century, which
called upon the United Nations High Commissioner for Human Rights as well as all relevant
organs, bodies and agencies of the United Nations system to give full, equal and sustained
attention to the enjoyment of human rights of women in the exercise of their respective
mandates,
Welcoming the commitment of the Commission on the Status of Women at its
forty-ninth session to undertake further action to examine the full and accelerated
implementation of the Beijing Declaration and Platform for Action and of the outcome document
of the twenty-third special session of the General Assembly, emphasizing that their full and
effective implementation is essential for the attainment of the internationally agreed upon
development goals, including those contained in the United Nations Millennium Declaration,

Recalling the United Nations Millennium Declaration, in particular its call for the
promotion of gender equality and the empowerment of women as effective ways to combat
poverty, hunger and disease and to stimulate development that is truly sustainable, and bearing in
mind the review and appraisal process of the Millennium Declaration that will take place in
September 2005,
Acknowledging the need for a comprehensive and integrated approach to the promotion
and protection of the human rights of women and the need to integrate the gender perspective in
a more systemic way into all aspects of the work of the United Nations system, including the
treaty bodies, the Commission on Human Rights, the Sub-Commission on the Promotion and
Protection of Human Rights and all other subsidiary mechanisms,
Welcoming the review of the integration of womens enjoyment of human rights and the
gender perspective in the reports of special procedures of the Commission between 1996
and 2003 undertaken by the Division for the Advancement of Women in cooperation with the
Office of the United Nations High Commissioner for Human Rights,
Reaffirming the need to implement fully international humanitarian and human rights law
in order to protect fully the human rights of women and girls,
Encouraging the process under way by the Committee on Economic, Social and Cultural
Rights to develop a general comment on article 3 of the International Covenant on Economic,
Social and Cultural Rights regarding the equal right of women and men to the enjoyment of all
economic, social and cultural rights set forth in the Covenant,
Emphasizing the pivotal role of the Commission on the Status of Women in promoting
equality between women and men and welcoming its agreed conclusions over the years on the
human rights of women and on the other critical areas of concern of the Platform for Action,
Recognizing the importance of the participation of women at all levels of
decision-making, throughout the United Nations system for the achievement of gender quality
and the realization of the human rights of women,
Reaffirming the important role that womens groups and non-governmental organizations
play in promoting and protecting the human rights of women,
1. Welcomes the reports of the Secretary-General (E/CN.4/2004/64, E/CN.4/2005/68
and E/CN.4/2005/69-E/CN.6/2005/6);
2. Emphasizes that the goal of mainstreaming a gender perspective is to achieve
gender equality and that this includes ensuring that all United Nations activities, including
United Nations conferences, special sessions and summits, integrate the human rights of women;
3. Recognizes the importance of examining the intersection of multiple forms of
discrimination and conditions of disadvantage, including their root causes, from a gender
perspective, and their impact on the advancement of women and the enjoyment by women of

their human rights, in order to develop and implement strategies, policies and programmes
aimed at the elimination of all forms of discrimination against women and to increase the role
that women play in the design, implementation and monitoring of gender-sensitive
anti-discrimination policies;
4. Takes note with satisfaction that the Economic and Social Council devoted the
coordination segment of its substantive session of 2004 to the review and appraisal of the
system-wide implementation of agreed conclusions 1997/2 of 18 July 1997 (see A/52/3/Rev.1,
chap. IV, para. 4) on mainstreaming the gender perspective into all policies and programmes of
the United Nations system, and welcomes the report of the Secretary-General (E/2004/59) to that
session, and resolution 2004/4 adopted by the Council on 7 July 2004, which requests all entities
of the United Nations system to enhance the effectiveness of gender mainstreaming and to
promote cooperation and coordination;
5. Invites the Economic and Social Council to continue to give attention to the
implementation of its agreed conclusions 1998/2 of 28 July 1998 (see A/53/3 and Corr.1,
chap. IV, para. 3), related to the promotion of an integrated and coordinated implementation of
the Vienna Declaration and Programme of Action and follow-up to major United Nations
conferences and summits in the economic, social and related fields, in particular the explicit
incorporation of a gender perspective by the Commission when establishing or renewing
mandates related to human rights;
6. Stresses the need for integrating a gender perspective into the outcome of future
United Nations conferences, special sessions and summits, including the second phase of the
World Summit on the Information Society, to be held in Tunis in November 2005;
7. Welcomes the continued cooperation between the Commission on the Status of
Women and the Commission on Human Rights, including through joint bureau meetings and the
participation of the Chair of the Commission on the Status of Women in the work of the
Commission on Human Rights and, similarly, the participation of the Chair of the Commission
on Human Rights in the sessions of the Commission on the Status of Women, and encourages
the continuation of this reciprocal collaboration;
8. Encourages the continued commitment of the United Nations High Commissioner
for Human Rights to integrating the issue of womens enjoyment of human rights throughout the
United Nations system, including through continued cooperation with the Special Adviser on
Gender Issues and Advancement of Women and the Division for the Advancement of Women,
and also encourages the High Commissioner to maintain her commitment to raise awareness and
promote the universal ratification and implementation of the Convention on the Elimination of
All Forms of Discrimination against Women and its Optional Protocol;
9. Welcomes the submission of reports by specialized agencies, at the invitation of
the Committee on the Elimination of Discrimination against Women, on the implementation of
the Convention on the Elimination of All Forms of Discrimination against Women in areas
falling within the scope of their activities and the contribution of non-governmental
organizations to the work of the Committee;

10. Encourages all entities of the United Nations system, as well as Governments and
intergovernmental and non-governmental organizations, in particular womens organizations, as
appropriate, to pay systematic, increased and sustained attention to the recommendations of the
Committee, in order to ensure that the recommendations are better utilized in their respective
work, and encourages all relevant entities of the United Nations system to continue to assist
States parties, upon the request of those States, in implementing the Convention;
11. Welcomes the cooperation and coordination between the Division for the
Advancement of Women and the Office of the United Nations High Commissioner for Human
Rights aimed at mainstreaming the human rights of women, including through their joint work
plan, and, in this sense, encourages United Nations bodies and agencies to increase cooperation
with other organizations in developing activities to address, within their respective mandates,
violations of the human rights of women and to promote the full enjoyment of all human rights
and fundamental freedoms by women;
12. Also welcomes the report of the Secretary-General on the joint work plan for
the year 2005 of the Division for the Advancement of Women and the Office of the
High Commissioner (E/CN.4/2005/69-E/CN.6/2005/6), and in particular the continued
cooperation to strengthen attention to the human rights of women and the mainstreaming of
gender perspectives in all human rights activities in the following major areas: support for
human rights treaty bodies; support for intergovernmental bodies and special procedures;
technical cooperation; advisory services and meetings; awareness-raising and outreach; and
inter-agency cooperation;
13. Encourages the Secretary-General to ensure implementation of the joint
work plan, to continue to elaborate this plan on an annual basis, reflecting all aspects of work
under way and the lessons learned, to identify obstacles/impediments and areas for further
collaboration, and to submit them to the Commission on Human Rights and to the Commission
on the Status of Women on a regular basis;
14. Urges the relevant organs, bodies and agencies of the United Nations system to
bear in mind, including in the recruitment of staff, the need for expertise in and regular training
on gender equality and gender mainstreaming in all activities of the United Nations for all
United Nations personnel, including conflict prevention, peacekeeping and peace-building
operations and humanitarian and human rights missions;
15. Encourages Member States to promote gender balance by, inter alia, regularly
nominating more women candidates for election to the human rights treaty bodies and for
appointment to United Nations bodies, including international courts and tribunals, the
specialized agencies and other organs, and calls upon all relevant actors to implement
General Assembly resolution 59/164 on improvement of the status of women in the
United Nations system;
16. Welcomes the efforts made by some special procedures and other human rights
mechanisms and requests all special procedures and other human rights mechanisms of the
Commission on Human Rights and the Sub-Commission for the Promotion and Protection of
Human Rights regularly and systematically to integrate a gender perspective into the

implementation of their mandates and to include in their reports information on and qualitative
analysis of human rights of women and girls, and encourages the strengthening of cooperation
and coordination between these procedures and mechanisms;
17. Encourages the efforts of the treaty bodies to mainstream the human rights of
women into their work, in particular, in their concluding observations and in the development of
general comments and recommendations;
18. Reiterates the need for using gender-inclusive language in the formulation,
interpretation and application of human rights instruments, as well as in reports, resolutions
and/or decisions of the Commission, the Sub-Commission and the various human rights
mechanisms, and requests the Office of the High Commissioner to utilize gender-inclusive
language in the preparation of all of its communications, reports and publications, and to work
with the United Nations conference services to ensure gender-inclusive language and
interpretation in the proceedings of the Office;
19. Encourages all entities charged with the promotion and protection of human
rights, especially United Nations human rights bodies and mechanisms, to identify, collect and
use sex-disaggregated data and gender-specific information in their activities and to use the tools
at their disposal for gender analysis in monitoring and reporting;
20. Recalls Security Council resolution 1325 (2000) of 31 October 2000 on women
and peace and security, which, inter alia, calls on actors involved, when negotiating and
implementing peace agreements, to adopt a gender perspective, including, inter alia, measures
that ensure the protection of and respect for the human rights of women and girls, particularly as
they relate to the constitution, the electoral system, the police and the judiciary, and welcomes
the report of the Secretary-General on women, peace and security (S/2004/814);
21. Recognizes the important role of women in the prevention and resolution of
conflicts and in peace-building, the importance of their equal participation and full involvement
in all efforts for the maintenance and promotion of peace and security and the need to increase
their role in decision-making with regard to conflict prevention and resolution, and urges the
United Nations system and Governments to make further efforts to ensure and support the full
participation of women at all levels of decision-making and implementation in development
activities and peace processes, including conflict prevention and resolution, post-conflict
reconstruction, peacemaking, peacekeeping and peace-building, as well as through the
integration of a gender perspective into those United Nations processes;
22. Welcomes the 2004 review of the 1999 Inter-Agency Standing Committee policy
statement for the integration of a gender perspective in humanitarian assistance;
23. Requests the Secretary-General to report, at its sixty-third session, on the
implementation of the present resolution including analysing the degree to which the promotion
and protection of human rights of women are being integrated into the United Nations system,
the work of the Commission and its subsidiary bodies, identifying obstacles and challenges to
implementation of the resolution, to make concrete, comprehensive recommendations for action
by States and/or by the United Nations system and to bring the report to the attention of the
relevant organs, bodies and agencies of the United Nations system, including all human rights
bodies;

24. Encourages States to cooperate with and support the United Nations system in its
efforts to integrate the human rights of women and to take into full consideration the content of
the present resolution;
25. Decides to integrate a gender perspective into all of its agenda items;
26. Also decides to continue its consideration of the question at its sixty-third session.
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XII, paras. 394 to 396.]
2005/43. Abduction of children in Africa
The Commission on Human Rights,
Recalling its resolution 2004/47 of 20 April 2004,
Recalling also the Universal Declaration of Human Rights, the Convention on the Rights
of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, the International Covenant on Civil and Political Rights, the African Charter on
Human and Peoples Rights and the African Charter on the Rights and Welfare of the Child,
Recalling further the Optional Protocols to the Convention on the Rights of the Child on
the involvement of children in armed conflict and on the sale of children, child prostitution and
child pornography,
Recalling the United Nations Convention against Transnational Organized Crime and its
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children,
Recalling also the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights (A/CONF.157/23) in June 1993 and the United Nations
Millennium Declaration, as well as the special session of the General Assembly on children,
which, inter alia, called for the protection of children, particularly those in difficult
circumstances,
Recalling the obligation to respect and to ensure respect for international humanitarian
law, including the Geneva Conventions, of 12 August 1949, relative to the Treatment of
Prisoners of War and to the Protection of Civilian Persons in Time of War, as well as, for the
States parties, the two Protocols Additional of 8 June 1977,
Bearing in mind Security Council resolutions 1379 (2001) of 20 November 2001,
1460 (2003) of 30 January 2003 and 1539 (2004) of 22 April 2004 on children in armed conflict,
Taking into account its own resolutions on the rights of the child,

Welcoming with satisfaction the progress report of the Secretary-General on the study on
the question of violence against children (E/CN.4/2005/75),
Also welcoming the entry into force, on 25 December 2003, of the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime,
Expressing its appreciation to those African countries that have established formal and
informal mechanisms to ensure greater protection of children, including measures to combat and
eliminate abduction of children,
1. Condemns the practice of abduction of children for various purposes, inter alia,
for involvement in armed forces or armed groups, for participation in hostilities, for sexual
exploitation and forced labour;
2. Also condemns the abduction of children from camps of refugees and internally
displaced persons by armed forces and armed groups, and their subjection of children to
participation in fighting, torture, killing and rape as victims and as perpetrators;
3. Demands the immediate demobilization and disarmament, reintegration and,
where applicable, repatriation of all child soldiers, particularly girls, who have been recruited or
used in armed conflicts in contravention of international law;
4. Calls for the immediate and unconditional release and safe return of all abducted
children to their families, extended families and communities;
5. Calls upon African States:
(a) To pay particular attention to the protection of refugee and internally displaced
children, especially unaccompanied and separated children, who are exposed to the risk of being
abducted or becoming involved in armed conflicts;
(b) To take extra measures to protect refugee children and internally displaced
children, particularly girls, from being abducted;
(c) To take adequate measures to prevent the abduction and recruitment of children
by armed forces and armed groups and their participation in hostilities, through, inter alia, the
adoption of legal measures to prohibit and criminalize such practices and practical measures such
as prompt and comprehensive birth registration of all children (including refugee and internally
displaced children), documentation of children, preservation of family unity and its facilitation in
case of separation, access to education, health care, vocational training and employment;
6. Encourages all African States to integrate the rights of the child into all peace
processes, peace agreements and post-conflict recovery and reconstruction phases;
7. Urges all African States that have not yet done so to consider ratifying the
African Charter on the Rights and Welfare of the Child, the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict, and the Optional
Protocol to the Convention on the sale of children, child prostitution and child pornography;

8. Welcomes the progress achieved in the eradication of abduction of children by
national mechanisms in certain African States, and encourages other States that have not yet
done so to consider establishing such mechanisms;
9. Requests African States, in cooperation with the relevant United Nations
agencies, to provide the victims and their families with the necessary assistance and to support
sustainable rehabilitation and reintegration programmes for abducted children, including the
provision of psychological assistance, basic education and vocational training, taking into
account the rights and special needs of abducted girl children;
10. Requests the international community, including donor countries and relevant
United Nations bodies, to complement and supplement the efforts of African States and African
regional mechanisms in providing the necessary assistance, including technical assistance, in
order, first, to devise with the participation of children, their families and communities
appropriate programmes to combat abduction of children and to protect them, including refugee
and internally displaced children, especially unaccompanied and separated children, who are
exposed to the risk of being abducted, and, second, to develop and implement programmes for
the reintegration, including rehabilitation, of children in the peace process and in the
post-conflict recovery and reconstruction phase;
11. Encourages all States, and particularly their agencies responsible for internal
security, as well as the International Criminal Police Organization, to cooperate and take steps to
prevent cross-border abductions, and to exchange information with the aim of preventing the
abduction of children in Africa;
12. Calls upon Member States to put an end to impunity and to take appropriate steps
to identify those responsible for child abductions in Africa and bring them to justice;
13. Encourages the independent expert to direct an in-depth study of the question of
violence against children to complete his study on the protection of children against all forms of
physical and mental violence, including child abduction in Africa;
14. Requests the Office of the United Nations High Commissioner for Human Rights,
working with Member States, the International Labour Organization, the United Nations
Childrens Fund and other relevant United Nations agencies, international organizations and
non-governmental organizations, to undertake a comprehensive assessment of the situation of the
abduction of children throughout Africa through the organization of subregional consultations,
which will provide a framework for gathering research, expertise and information from each
subregion, for sensitizing political actors and for networking among public authorities and civil
society, including non-governmental organizations, and to report its findings to the Commission
at its sixty-second session;
15. Urges States to submit information, progress reports and observations on the
implementation of the present resolution, and calls on the relevant international organizations to
submit reports on this issue to the Office of the High Commissioner;
16. Urges those States that have established national mechanisms to combat the
abduction of children and to report on the progress of those mechanisms to the Office of the
High Commissioner;

17. Decides to continue its consideration of this question at its sixty-second session
under the same agenda item.
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XIII, paras. 405 to 408.]
2005/44. Rights of the child
The Commission on Human Rights,
Emphasizing the importance of the Convention on the Rights of the Child and that its
provisions and other relevant human rights instruments must constitute the standard in the
promotion and protection of the rights of the child, and bearing in mind the Optional Protocol to
the Convention on the sale of children, child prostitution and child pornography, and the
Optional Protocol to the Convention on the involvement of children in armed conflict,
Reaffirming that the best interests of the child shall be a primary consideration in all
actions concerning children,
Reaffirming also the United Nations Millennium Declaration, the Vienna Declaration and
Programme of Action (A/CONF.157/23), and the outcome document of the twenty-seventh
special session of the General Assembly on children entitled A world fit for children and the
commitments contained therein,
Recalling its previous resolutions on the rights of the child, the most recent of which is
resolution 2004/48 of 20 April 2004, and taking note of General Assembly resolution 59/261
of 23 December 2004,
Taking note with appreciation of the reports of the Secretary-General on the status of
the Convention on the Rights of the Child (E/CN.4/2005/73), of the Special Rapporteur on the
right to education (E/CN.4/2005/50), of the Special Rapporteur on the sale of children,
child prostitution and child pornography (E/CN.4/2005/78 and Corr.1 and Add.1-4), the
report of the Special Representative of the Secretary-General for children and armed conflict
(E/CN.4/2005/77), and the progress report of the Secretary-General on the study on the question
of violence against children (E/CN.4/2005/75),
Welcoming the work of the Committee on the Rights of the Child and taking note of the
conclusions of the day of general discussion held on 17 September 2004 at its thirty-seventh
session on implementing child rights in early childhood (see CRC/C/143, chap. VII),
Profoundly concerned that the situation of children in many parts of the world remains
critical as a result of the persistence of poverty, social inequality, inadequate social and
economic conditions in an increasingly globalized economic environment, pandemics, in
particular HIV/AIDS, malaria, tuberculosis, natural disasters, armed conflicts, displacement,

exploitation, illiteracy, hunger, intolerance, discrimination, gender inequality, discrimination on
the basis of disability and inadequate legal protection, and convinced that urgent and effective
national and international action is called for,
Recognizing that environmental damage has potentially negative effects on children and
their enjoyment of their lives, health and satisfactory standard of living,
Underlining the need for mainstreaming a gender perspective and recognizing the child
as a rights holder in all policies and programmes relating to children,
Concerned that, in conflict situations, children continue to be victims and deliberate
targets of attacks with consequences that are often irreversible for their physical and emotional
integrity,
Recognizing that the family is the basic unit of society and as such should be
strengthened; that it is entitled to receive comprehensive protection and support; that the primary
responsibility for the protection, upbringing and development of children rests with the family;
that all institutions of society should respect childrens rights and secure their well-being and
render appropriate assistance to parents, families, legal guardians and other caregivers so that
children can grow and develop in a safe and stable environment and in an atmosphere of
happiness, love and understanding, bearing in mind that in different cultural, social and political
systems, various forms of family exist,
Reaffirming the interrelatedness of all human rights and the necessity of taking into
account the universality, indivisibility, interdependence and interrelatedness of civil, political,
economic, social and cultural rights, including the right to development, to promote and protect
the rights of the child,
I. IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS
OF THE CHILD AND OTHER INSTRUMENTS
1. Reaffirms that the best interests of the child shall be a primary consideration in all
actions concerning children, and reaffirms also the general principles of, inter alia,
non-discrimination, participation, and survival and development;
2. Urges once again the States that have not yet done so to consider signing and
ratifying or acceding to the Convention on the Rights of the Child as a matter of priority and,
concerned at the great number of reservations to the Convention, urges States parties to withdraw
reservations incompatible with the object and purpose of the Convention and to consider
reviewing other reservations with a view to withdrawing them;
3. Urges States that have not yet done so to consider signing and ratifying or
acceding to the Optional Protocols to the Convention on the involvement of children in armed
conflict and on the sale of children, child prostitution and child pornography;
4. Calls upon States parties to implement the Convention and its Optional Protocols
fully and in accordance with the best interests of the child by, inter alia, putting in place effective
national legislation and policies, and to comply in a timely manner with their reporting

obligations under the Convention and the Optional Protocols thereto, in accordance with the
guidelines elaborated by the Committee, as well as to take into account the recommendations
made by the Committee in the implementation of the provisions of the Convention;
5. Also calls upon States parties to strengthen relevant governmental structures for
children, including, where appropriate, ministers in charge of child issues and independent
commissioners for the rights of the child, and ensure adequate and systematic training in the
rights of the child for professional groups working with and for children;
6. Encourages all States to strengthen their national statistical capacities and, as far
as possible, to use statistics disaggregated by, inter alia, age, gender and other relevant factors
that may lead to disparities, including in the area of juvenile justice and on children in detention,
and other statistical indicators at the national, subregional, regional and international levels to
develop and assess social policies and programmes so that economic and social resources are
used efficiently and effectively for the full realization of the rights of the child;
7. Calls upon all States to end impunity for perpetrators of crimes committed against
children, recognizing in this regard the contribution of the establishment of the International
Criminal Court as a way to prevent violations of human rights and international humanitarian
law, in particular when children are victims of serious crimes, including the crime of genocide,
crimes against humanity and war crimes, and to bring perpetrators of such crimes to justice, and
not to grant amnesties for these crimes and to strengthen international cooperation towards the
goal of ending impunity;
8. Notes the ongoing efforts of the Committee to reform its working methods so as
to consider reports of States parties in a timely manner;
9. Requests the Office of the United Nations High Commissioner for Human Rights,
United Nations mechanisms, including human rights mechanisms, and all relevant organs of the
United Nations system, to incorporate a strong child-rights perspective throughout all activities
in the fulfilment of their mandates, as well as to ensure that their staff is trained in child
protection matters, and calls upon States to cooperate closely with them;
II. PROTECTING AND PROMOTING THE RIGHTS OF THE CHILD AND
NON-DISCRIMINATION AGAINST CHILDREN, INCLUDING
CHILDREN IN PARTICULARLY DIFFICULT SITUATIONS
Non-discrimination
10. Calls upon all States to ensure that children are entitled to their civil, political,
economic, social and cultural rights without discrimination of any kind;
11. Notes with concern the large number of children, particularly girls, children
belonging to national, ethnic, religious and linguistic minorities, migrant children, refugee
children and children of indigenous origin among the victims of racism, racial discrimination,
xenophobia and related intolerance, stresses the need to incorporate special measures, in
accordance with the principle of the best interests of the child and respect for his or her views, in
programmes to combat these practices, and calls upon States to provide special support and
ensure equal access to services for those children;

Freedom from violence
12. Requests the submission of the final report of the Secretary-Generals study on
the question of violence against children to the Commission;
13. Also requests all relevant human rights mechanisms, in particular special
rapporteurs and working groups, within their mandates, to pay attention to the special situation
of violence against children, reflecting their experience in the field;
14. Calls upon all States:
(a) To take all appropriate measures to prevent, and to protect children from, all
forms of violence, including physical, mental and sexual violence, child abuse, domestic
violence and neglect, and abuse by the police, other law enforcement authorities and employees
and officials in detention centres or welfare institutions, including orphanages;
(b) To investigate and submit cases of torture and other forms of violence against
children to the competent authorities for the purpose of prosecution and to impose appropriate
disciplinary or penal sanctions against those responsible for such practices;
15. Urges States:
(a) To take measures to protect students from violence, injury or abuse, including
sexual abuse and intimidation or maltreatment in schools, to establish complaint mechanisms
that are age-appropriate and accessible to children and to undertake thorough and prompt
investigations of all acts of violence and discrimination;
(b) To take measures to eliminate the use of corporal punishment in schools;
Identity, family relations and birth registration
16. Urges all States to continue to intensify efforts in order to ensure the
implementation of the right of the child, irrespective of the childs status, to birth registration,
preservation of identity, including nationality, and family relations, as recognized by law;
(a) Providing, at a minimal cost, simplified, expeditious, effective procedures for
birth registration;
(b) Raising awareness at the national, regional and local levels, whenever necessary,
of the importance of the birth registration of all children, irrespective of their status, immediately
after birth;
(c) Ensuring that a child shall not be separated from his or her parents against their
will, except when consistent with the Convention on the Rights of the Child;
(d) Guaranteeing, to the extent consistent with each States obligations, the right of a
child whose parents reside in different States to maintain on a regular basis, except if it is
contrary to the childs best interests, personal relations and direct contacts with both parents by
providing means of access and visitation in both States and by respecting the principle that both
parents have common responsibilities for the upbringing and development of their children;

(e) Where alternative care is necessary, promoting family and community-based care
in preference to placement in institutions;
(f) Addressing cases of international abduction of children, bearing in mind that the
best interest of the child shall be a primary consideration, and encourages States to engage in
multilateral and bilateral cooperation to ensure, inter alia, the return of the child to the country
where he or she resided immediately before the removal or retention and, in this respect, to pay
particular attention to cases of international abduction of children by one of their parents or other
relatives;
(g) Establishing policy, legislation and effective supervision for the protection of
children involved in intercountry adoption, bearing in mind the best interest of the child;
(h) Taking all necessary measures to prevent and combat illegal adoptions;
(i) Where a child is illegally deprived of some or all of the elements of his or her
identity, providing appropriate assistance and protection with a view to re-establishing speedily
his or her identity;
(j) Taking all appropriate measures, especially educational measures, and promoting
further the responsibility of both parents in the education, development and raising of children;
17. Calls upon States to take all necessary measures to address the problem of
children growing up without parents, in particular orphaned children and children who are
victims of family and social violence, neglect and abuse, and recognizes the need for guidelines
for the protection and alternative care of children without parental care;
Poverty
18. Calls upon States and the international community to cooperate, support and
participate in the global efforts for poverty eradication at the global, regional and country levels,
to intensify efforts so that all the development and poverty reduction goals, as set out in the
United Nations Millennium Declaration, are realized within their time framework, and reaffirms
that investments in children and the realization of their rights contribute to their social and
economic development, and are among the most effective ways to eradicate poverty;
Health
19. Calls upon all States:
(a) To ensure the enjoyment of the highest attainable standard of physical and mental
health of all children without discrimination, to develop sustainable health systems and social
services, to ensure access to such systems and services without discrimination, and to pay
particular attention to adequate food and nutrition to prevent disease and malnutrition, to prenatal
and post-natal health care, to special needs of adolescents, to reproductive and sexual health and
to threats from substance abuse and violence;
(b) To give support and rehabilitation to children and their families affected by
HIV/AIDS and to involve children and their caregivers, as well as the private sector, to ensure
the effective prevention of HIV infections through correct information and access to voluntary

and confidential care, reproductive health care and education, treatment and testing, including
pharmaceutical products and medical technologies, affordable to all, giving due importance to
the prevention of mother-to-child transmission of the virus;
Education
20. Calls upon all States:
(a) To recognize the right to education on the basis of equal opportunity by making
primary education available, free and compulsory for all children, by ensuring that all children,
particularly girls, children in need of special protection, children with disabilities, indigenous
children, children belonging to minorities and children of different ethnic origins, have access
without discrimination to education of good quality, as well as making secondary education
generally available and accessible for all, in particular by the progressive introduction of free
education, bearing in mind that special measures to ensure equal access, including affirmative
action, contribute to achieving equal opportunity and combating exclusion;
(b) To design and implement programmes to provide social services and support to
pregnant adolescents and adolescent mothers, in particular to enable them to continue and
complete their education;
(c) To take all appropriate measures to prevent racism and discriminatory and
xenophobic attitudes and behaviour through education, keeping in mind the important role that
children play in changing these practices;
(d) To ensure that children, from an early age, benefit from education programmes,
materials and activities that develop respect for human rights and reflect fully the values of
peace, non-violence against oneself and others, tolerance and gender equality;
(e) To harness the rapidly evolving information and communication technologies to
support education at an affordable cost, including open and distance education, while reducing
inequality in access and quality;
(f) To enable children, including adolescents, to exercise their right to express their
views freely, the views of the child being given due weight in accordance with age and maturity
of the child;
The girl child
21. Calls upon all States to take all necessary measures, including legal reforms
where appropriate:
(a) To ensure the full and equal enjoyment by girls of all human rights and
fundamental freedoms, to take effective actions against violations of those rights and freedoms,
and to base programmes and policies on the rights of the child, taking into account the special
situation of girls;

(b) To eliminate all forms of discrimination and violence against girls, including
female infanticide and prenatal sex selection, rape, sexual abuse and harmful traditional or
customary practices, including female genital mutilation, son preference, marriages without free
and full consent of the intending spouses, early marriages and forced sterilization, including
addressing their root causes, by enacting and enforcing legislation and, where appropriate,
formulating comprehensive, multidisciplinary and coordinated national plans, programmes or
strategies protecting girls;
Children with disabilities
22. Calls upon all States to take necessary measures to ensure the full and equal
enjoyment of all human rights and fundamental freedoms by children with disabilities in both the
public and private spheres, including access to good-quality education and health care and
protection from violence, abuse and neglect and to develop and, where it already exists, to
enforce legislation protecting them against discrimination to ensure their dignity, promote their
self-reliance and facilitate their active participation and integration in the community, taking into
account the particularly difficult situation of children with disabilities living in poverty;
23. Encourages the Ad Hoc Committee on a Comprehensive and Integral
International Convention on Protection and Promotion of the Rights and Dignity of Persons with
Disabilities to consider in its deliberations children with disabilities;
Migrant children
24. Calls upon all States to ensure, for migrant children, the enjoyment of all
human rights as well as access to health care, social services and education of good quality;
States should ensure that migrant children, and especially those who are unaccompanied, in
particular victims of violence and exploitation, receive special protection and assistance;
Children working and/or living on the street
25. Calls upon all States to prevent violations of the rights of children working and/or
living on the street, including discrimination, arbitrary detention and extrajudicial, arbitrary and
summary execution, torture, all kinds of violence and exploitation, and to bring the perpetrators
to justice, to adopt and implement policies for the protection, social and psychosocial
rehabilitation and reintegration of these children, and to adopt economic, social and educational
strategies to address the problems of children working and/or living on the street;
Refugee and internally displaced children
26. Calls upon all States to protect refugee, asylum-seeking and internally displaced
children, in particular those who are unaccompanied, who are particularly exposed to risks in
connection with armed conflict and post-conflict situations, such as recruitment, sexual violence
and exploitation, to pay particular attention to programmes for voluntary repatriation and,
wherever possible, local integration and resettlement, to give priority to family tracing and
reunification and, where appropriate, to cooperate with international humanitarian and refugee
organizations;

Children alleged to have or recognized as having infringed penal law
27. Calls upon all States:
(a) In particular, States in which the death penalty has not been abolished, to comply
with their obligations as assumed under relevant provisions of international human rights
instruments, particularly articles 37 and 40 of the Convention on the Rights of the Child and
articles 6 and 14 of the International Covenant on Civil and Political Rights, keeping in mind the
safeguards guaranteeing protection of the rights of those facing the death penalty and guarantees
set out in Economic and Social Council resolutions 1984/50 of 25 May 1984 and 1989/64 of
24 May 1989, and calls upon those States to abolish by law as soon as possible the death penalty
for those aged under 18 at the time of the commission of the offence;
(b) To protect children deprived of their liberty from torture and other cruel, inhuman
or degrading treatment or punishment;
(c) To ensure compliance with the principle that depriving children of their
liberty should be used only as a measure of last resort and for the shortest appropriate time, in
particular before trial, recalling the prohibition of life imprisonment without possibility of
release;
(d) To ensure that, if they are arrested, detained or imprisoned, children are provided
with adequate legal assistance and that they shall have the right to maintain contact with their
family through correspondence and visits, save in exceptional circumstances, and that no child in
detention is sentenced to forced labour, corporal punishment, or deprived of access to and
provision of health-care services, hygiene and environmental sanitation, education, basic
instruction and vocational training, taking into consideration the special needs of children with
disabilities in detention;
Child labour
28. Calls upon all States to translate into concrete action their commitment to protect
children from economic exploitation and from performing any work that is likely to be
hazardous or to interfere with the childs education, or to be harmful to the childs health or
physical, mental, spiritual, moral or social development, and to take immediate and effective
measures to secure the prohibition and elimination of the worst forms of child labour as a matter
of urgency;
29. Urges all States that have not yet done so to consider ratifying and implementing
the Convention concerning the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour, 1999 (No. 182) and the Convention concerning the Minimum
Age for Employment, 1973 (No. 138) of the International Labour Organization, and calls upon
States parties to these instruments to implement them fully and to comply in a timely manner
with their reporting obligations;

Recovery and social reintegration
30. Encourages States to promote actions, including through bilateral and
multilateral technical cooperation and financial assistance, for the social reintegration of children
in difficult situations, considering, inter alia, views, skills, and capacities that these children have
developed in the conditions in which they lived and, where appropriate, with their meaningful
participation;
31. Encourages all States to promote actions to ensure that children affected by
natural disasters are provided with access to basic social services;
III. PREVENTION AND ERADICATION OF THE SALE OF CHILDREN,
CHILD PROSTITUTION AND CHILD PORNOGRAPHY
32. Calls upon all States:
(a) To criminalize and effectively penalize all forms of sexual exploitation and sexual
abuse of children, including within the family or for commercial purposes, child pornography
and child prostitution, child trafficking, child sex tourism, the sale of children and their organs,
and the use of the Internet for these purposes, and to take effective measures against the
criminalization of children who are victims of exploitation;
(b) To take effective measures to ensure prosecution of offenders, whether local or
foreign, by the competent national authorities, either in the country where the crime was
committed, or in the country of which the victim is a national or a resident, or in the offenders
country of origin in accordance with due process of law, and for these purposes, to afford one
another the greatest measure of assistance in connection with investigations or criminal or
extradition proceedings;
(c) To increase cooperation at all levels to prevent and dismantle networks trafficking
in children;
(d) To consider ratifying or acceding to the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime;
(e) To address effectively the needs of victims of trafficking, of sale of children, of
child prostitution and child pornography, including their safety and protection, physical and
psychological recovery and full reintegration into their family and society and bearing in mind
the best interest of the child;
(f) To combat the existence of a market that encourages such criminal
practices against children and factors leading to these practices, including through the adoption
and effective application of preventive and enforcement measures targeting customers or
individuals who sexually exploit or sexually abuse children, as well as ensuring public
awareness;

(g) To take the necessary measures to eliminate the sale of children, child prostitution
and child pornography by adopting a holistic approach and addressing the contributing factors,
including underdevelopment, poverty, economic disparities, inequitable socio-economic
structures, dysfunctioning families, lack of education, urban-rural migration, gender
discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed
conflicts and trafficking in children;
IV. PROTECTION OF CHILDREN AFFECTED BY ARMED CONFLICT
33. Reaffirms the essential role of the General Assembly, the Economic and Social
Council and the Commission on Human Rights for the promotion and protection of the rights
and welfare of children, including children affected by armed conflict, reaffirms the increasing
role played by the Security Council in ensuring protection for children affected by armed
conflict, and notes the importance of the debates held by the Security Council on children and
armed conflict, recalls Council resolutions 1379 (2001) of 20 November 2001 and 1460 (2003)
of 30 January 2003 and takes note of resolution 1539 (2004) of 22 April 2004, and of the
undertaking by the Council to give special attention to the protection, welfare and rights of
children in armed conflict when taking action aimed at maintaining peace and security, including
provisions for the protection of children in the mandates of peacekeeping operations, as well as
the inclusion of child protection advisers in these operations;
34. Recognizes the inclusion in the Rome Statute of the International Criminal Court
(A/CONF.183/9), as a war crime, of crimes involving sexual violence and crimes of conscripting
or enlisting children under the age of 15 years or using them to participate actively in hostilities
in both international and non-international armed conflicts;
35. Takes note with appreciation of the Secretary-Generals proposals to establish a
comprehensive monitoring, reporting and compliance mechanism in order to obtain systematic,
reliable and accurate information on the recruitment and use of children in armed conflict and
other grave violations against children, and calls upon States to support this process;
36. Strongly condemns any recruitment and use of children in armed conflicts
contrary to international law, and urges all parties to armed conflict to end such practice, and all
other violations against children, including killing or maiming, rape or other sexual violence,
abduction, denial of humanitarian access, attacks against schools and hospitals and the forced
displacement of children and their families;
37. Calls upon all States to pay special attention to the protection, welfare and rights
of girls affected by armed conflict;
38. Calls upon States:
(a) When ratifying the Optional Protocol to the Convention on the Rights of the Child
on the involvement of children in armed conflict, to raise the minimum age for voluntary
recruitment of persons into their national armed forces from that set out in article 38,
paragraph 3, of the Convention, bearing in mind that under the Convention persons under
18 years of age are entitled to special protection, and to adopt safeguards to ensure that such
recruitment is not forced or coerced;

(b) To take all feasible measures to prevent recruitment and use of children by armed
groups, as distinct from the armed forces of a State, including the adoption of legal measures
necessary to prohibit and criminalize such practice, and the adoption of measures to prevent
re-recruitment, in particular education;
(c) To take all feasible measures, in particular educational measures, to ensure the
demobilization and effective disarmament of children used in armed conflicts and to implement
effective measures for their rehabilitation, physical and psychological recovery and reintegration
into society, taking into account the rights and the specific needs of the girl child;
(d) To take effective preventive measures against sexual exploitation and abuse by
their military and civilian peacekeepers and hold them to account;
39. Calls upon:
(a) All States and other parties to armed conflict to respect fully international
humanitarian law and, in this regard, calls upon States parties to respect fully the provisions of
the Geneva Conventions, of 12 August 1949, and the Additional Protocols thereto of
8 June 1977;
(b) Armed groups that are distinct from the armed forces of a State not, under any
circumstances, to recruit or use in hostilities persons under the age of 18 years;
(c) All States and relevant United Nations bodies and agencies and regional
organizations to integrate the rights of the child into all activities in conflict and post-conflict
situations, to ensure adequate child protection training of their staff and personnel, including
through the drafting and dissemination of codes of conduct addressing the issue of sexual
exploitation and abuse of children, to ensure that States take effective preventive measures
against sexual exploitation and abuse by their military and civilian peacekeepers and hold them
to account, and to facilitate the participation of children in the development of strategies in this
regard, making sure that there are opportunities for childrens voices to be heard and given due
weight in accordance with the age and maturity of the child;
(d) All States and relevant United Nations bodies to continue to support national and
international mine action efforts, including through financial contributions, assistance to victims
and social and economic reintegration, mine awareness programmes, mine clearance and
child-centred rehabilitation;
V. FOLLOW-UP
40. Decides:
(a) To request the Secretary-General to ensure the provision of appropriate staff and
facilities from the United Nations regular budget for the effective and expeditious performance
of the functions of the Committee on the Rights of the Child, special rapporteurs and special
representatives of the United Nations system in the implementation of their mandates and, where
appropriate, to invite States to continue to make voluntary contributions;

(b) To request the Secretary-General to submit to the Commission at its
sixty-second session a report on the rights of the child, with information on the status of the
Convention on the Rights of the Child and on the problems addressed in the present resolution;
(c) To request the Special Rapporteur on the sale of children, child prostitution and
child pornography to submit a report to the Commission at its sixty-second session;
(d) To continue its consideration of this question at its sixty-second session under the
same agenda item.
57th meeting
19 April 2005
[Resolution adopted by a recorded vote of 52 votes to 1, as follows, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany,
Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania,
Mexico, Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania,
Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom
of Great Britain and Northern Ireland, Zimbabwe.
Against: United States of America.
Abstaining: None.
See chap. XIII, paras. 409 to 417.]
2005/45. Human rights and arbitrary deprivation of nationality
The Commission on Human Rights,
Recalling its resolutions on human rights and arbitrary deprivation of nationality, in
particular resolution 1999/28 of 26 April 1999,
Reaffirming article 15 of the Universal Declaration of Human Rights, in accordance with
which everyone has the right to a nationality and no one shall be arbitrarily deprived of his
nationality,
Recognizing the right of States to establish laws governing the acquisition, renunciation
or loss of nationality,
Noting the relevant provisions of international human rights instruments and instruments
on statelessness relating to the prohibition of arbitrary deprivation of nationality, inter alia
article 5, paragraph (d) (iii), of the International Convention on the Elimination of All Forms of
Racial Discrimination, article 24, paragraph 3, of the International Covenant on Civil and
Political Rights, articles 7 and 8 of the Convention on the Rights of the Child, articles 1 to 3 of
the Convention on the Nationality of Married Women, article 9 of the Convention on the
Elimination of All Forms of Discrimination against Women, and the Convention on the
Reduction of Statelessness,

Recalling that persons arbitrarily deprived of nationality are protected by international
human rights and refugee law as well as instruments on statelessness, including, with respect to
States parties, the Convention relating to the Status of Stateless Persons, the Convention relating
to the Status of Refugees and the Protocol thereto,
Stressing that all human rights are universal, indivisible, interdependent and interrelated
and that the international community must treat human rights globally in a fair and equal
manner, on the same footing and with the same emphasis, as reaffirmed in the Vienna
Declaration and Programme of Action adopted by the World Conference on Human Rights in
June 1993 (A/CONF.157/23),
Recalling General Assembly resolution 50/152 of 21 December 1995, which, inter alia,
encouraged the Office of the United Nations High Commissioner for Refugees to continue its
activities on behalf of stateless persons as a part of its statutory function of providing
international protection and of seeking preventive action,
Noting the important work of the Office of the United Nations High Commissioner for
Refugees in seeking to address and prevent the problem of statelessness, including its final report
of March 2004 concerning the questionnaire on statelessness pursuant to the Agenda for
Protection,
Recalling the resolutions of the Sub-Commission on the Promotion and Protection of
Human Rights on the rights of non-citizens, in particular of paragraph 7 of its resolution 2003/21
of 13 August 2003, and also of the final report of the Special Rapporteur of the Sub-Commission
on the rights of non-citizens (E/CN.4/Sub.2/2003/23 and Add.1-4),
Expressing its deep concern at the arbitrary deprivation of persons or groups of persons
of their nationality, especially on racial, national, ethnic, religious, gender or political grounds,
Recalling that arbitrarily depriving a person of his or her nationality may lead to
statelessness, and in this regard expressing concern at various forms of discrimination against
stateless persons that violate the obligations of States under international human rights law,
Mindful of the endorsement by the General Assembly, in its resolution 41/70 of
3 December 1986, of the call upon all States to promote human rights and fundamental freedoms
and to refrain from denying these to individuals in their populations because of nationality,
ethnicity, race, religion or language,
1. Reaffirms that the right to a nationality of every human person is a fundamental
human right;
2. Recognizes that arbitrary deprivation of nationality on racial, national, ethnic,
religious, political or gender grounds is a violation of human rights and fundamental freedoms;
3. Calls upon all States to refrain from taking discriminatory measures and from
enacting or maintaining legislation that would arbitrarily deprive persons of their nationality on
grounds of race, colour, gender, religion, political opinion or national or ethnic origin, especially
if such measures and legislation render a person stateless;

4. Also calls upon all States to adopt and implement nationality legislation with a
view to preventing and reducing statelessness, consistent with fundamental principles of
international law, in particular by preventing arbitrary deprivation of nationality;
5. Calls upon States that have not already done so to consider accession to the
Convention on the Reduction of Statelessness and the Convention relating to the Status of
Stateless Persons;
6. Notes that the full enjoyment of all human rights and fundamental freedoms of an
individual might be impeded as a result of arbitrary deprivation of nationality, thereby
hampering his or her social integration;
7. Urges the appropriate mechanisms of the Commission and the relevant
United Nations treaty bodies to continue to collect information on this question from all relevant
sources and to take account of such information, together with any recommendations thereon,
in their reports and activities conducted within their respective mandates, and encourages the
Office of the United Nations High Commissioner for Refugees to do the same;
8. Requests the Secretary-General to collect information on this question from
all relevant sources and to make it available to the Commission for its consideration at its
sixty-second session;
9. Decides to continue its consideration of this matter at its sixty-second session
under the same agenda item.
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XIV, paras. 425 and 426.]
2005/46. Internally displaced persons
The Commission on Human Rights,
Deeply disturbed by the alarmingly high numbers throughout the world of persons who
have been forced or obliged to flee or leave their homes or places of habitual residence and who
have not crossed an internationally recognized State border, for reasons including armed conflict,
violations of human rights and natural or human-made disasters,
Conscious of the human rights and humanitarian dimensions of the problem of internally
displaced persons, who often do not receive adequate protection and assistance, and aware of the
serious challenge this is creating for the international community and of the responsibility of
States and the international community to strengthen methods and means to better address the
specific protection and assistance needs of internally displaced persons,

Emphasizing the primary responsibility of national authorities to provide protection and
assistance to internally displaced persons within their jurisdiction during all stages of the
displacement cycle, as well as to address the root causes of their displacement in appropriate
cooperation with the international community,
Noting the resolve of the international community to find durable solutions for all
internally displaced persons and to strengthen international cooperation in order to help them
return voluntarily to their homes in safety and with dignity or, based on their free choice, to
resettle in another part of their country, and to be smoothly reintegrated into their societies,
Recalling the relevant norms of international human rights law, international
humanitarian law and international refugee law, and recognizing that the protection of internally
displaced persons has been strengthened by identifying, reaffirming and consolidating specific
standards for their protection, in particular through the Guiding Principles on Internal
Displacement (E/CN.4/1998/53/Add.2, annex),
Bearing in mind the relevant provisions of, inter alia, the United Nations Millennium
Declaration, the Vienna Declaration and Programme of Action adopted in June 1993 by the
World Conference on Human Rights (A/CONF.157/23) and the Durban Declaration and
Programme of Action adopted in September 2001 by the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance (A/CONF.189/12 and Corr.1),
Noting that the Rome Statute of the International Criminal Court (A/CONF.183/9)
defines the deportation or forcible transfer of population as a crime against humanity and the
unlawful deportation or transfer of the civilian population as well as ordering the displacement of
the civilian population as war crimes,
Taking note with appreciation of the convening of regional seminars on internal
displacement, in particular the Regional Seminar on Internal Displacement in the Americas,
held in Mexico City from 18 to 20 February 2004, as well as the Supplementary Human
Dimension Meeting on internally displaced persons convened by the Organization for Security
and Cooperation in Europe in Vienna on 4 and 5 November 2004,
Recalling its previous relevant resolutions, in particular resolution 2004/55 of
20 April 2004, taking note of Economic and Social Council decision 2004/263 of 22 July 2004
and recalling General Assembly resolution 58/177 of 22 December 2003,
Recalling also the request to the Secretary-General to review the new mechanisms
performance and effectiveness two years after its inception and to submit a report thereon, as
well as on the details of the mechanism, to the Commission at its sixty-second session,
Recognizing that significant progress has been made in defining and raising awareness of
the problem of internal displacement, developing normative and institutional frameworks for the
protection of, and assistance to, internally displaced persons, in particular the compilation and
analysis of legal norms (E/CN.4/1996/52/Add.2) and the development of the Guiding Principles
on Internal Displacement, undertaking country missions to engage in dialogue with Governments
and other pertinent actors, conducting policy-oriented research into various dimensions of the
displacement crisis and issuing reports, together with proposals for preventive or remedial
measures,

Noting nonetheless that the magnitude of the problem of internal displacement remains
serious and that the human rights needs of internally displaced persons, in particular for
protection, are a matter of concern and require greater attention,
1. Welcomes the appointment of the new Representative of the Secretary-General on
human rights of internally displaced persons;
2. Also welcomes the report of the Representative of the Secretary-General
(E/CN.4/2005/84 and Add.1), in particular his observations on the need to reinforce the
protection of the human rights of internally displaced persons and the capacity of States in this
regard;
3. Expresses concern at the persistent problems of large numbers of internally
displaced persons worldwide, in particular the risk of extreme poverty and socio-economic
exclusion, their limited access to humanitarian assistance, vulnerability to human rights
violations, as well as difficulties resulting from their specific situation, such as lack of food,
medication or shelter and issues pertinent during their reintegration, including, in appropriate
cases, the need for the restitution of or compensation for property;
4. Expresses particular concern at the grave problems faced by many internally
displaced women and children, including violence and abuse, sexual exploitation, forced
recruitment and abduction, and notes the need to pay more systematic and in-depth attention to
their special assistance, protection and development needs, as well as those of other groups with
special needs among the internally displaced, such as older persons and persons with disabilities,
taking into account the relevant resolutions of the General Assembly and bearing in mind
Security Council resolution 1325 (2000) of 31 October 2000;
5. Notes the importance of taking the human rights and the specific protection and
assistance needs of internally displaced persons into consideration, when appropriate, in peace
processes and in reintegration and rehabilitation processes;
6. Welcomes the cooperation established between the new Representative of the
Secretary-General and the United Nations as well as other international and regional
organizations, in particular his participation in the work of the Inter-Agency Standing Committee
and its subsidiary bodies as well as the Memorandum of Understanding with the Inter-Agency
Internal Displacement Division of the Office for the Coordination of Humanitarian Affairs and
the Global Internally Displaced Persons Project of the Norwegian Refugee Council;
7. Expresses its appreciation of the Guiding Principles on Internal Displacement as
an important tool for dealing with situations of internal displacement, welcomes the fact that an
increasing number of States, United Nations agencies and regional and non-governmental
organizations are applying them as a standard, and encourages all relevant actors to make use of
the Guiding Principles when dealing with situations of internal displacement;
8. Welcomes the dissemination, promotion and application of the Guiding Principles
and the fact that the Representative of the Secretary-General has used them in his dialogues with
Governments, intergovernmental and non-governmental organizations and other pertinent actors,
and encourages the continued dissemination and promotion of the Guiding Principles, inter alia
through supporting and initiating their publication and translation, undertaking training

programmes, holding consultations with Governments, regional organizations,
intergovernmental and non-governmental organizations and other relevant institutions,
convening national, regional and international seminars on displacement, and providing support
for efforts to promote capacity-building and the use of the Guiding Principles as well as the
development of domestic legislation and policies;
9. Expresses its appreciation to Governments and intergovernmental and
non-governmental organizations that have provided assistance and protection to internally
displaced persons, developed policies to address their plight and supported the work of the
Representative of the Secretary-General;
10. Calls upon Governments to provide protection and assistance, including
reintegration and development assistance, to internally displaced persons, to develop national
policies aimed at addressing their plight, as well as to ensure that they benefit from public
services, in particular basic social services such as health services and education, based on the
principle of non-discrimination, and to facilitate the efforts of relevant United Nations agencies
and humanitarian organizations in these respects, including by improving access to internally
displaced persons;
11. Urges all those concerned, as set forth in international humanitarian law,
including the Geneva Conventions, of 12 August 1949, and the Regulations of 18 October 1907
annexed to the Hague Convention IV concerning the Laws and Customs of War on Land, to
allow full unimpeded access by humanitarian personnel to all people in need of assistance, and to
make available, as far as possible, all necessary facilities for their operations, and to promote the
safety, security and freedom of movement of humanitarian personnel and the United Nations and
its associated personnel and their assets;
12. Encourages all Governments, in particular Governments of countries with
situations of internal displacement, to facilitate United Nations activities and to respond
favourably to requests for visits as well as for information, and urges Governments as well as the
relevant parts of the United Nations system, also at the country level, to follow up effectively on
United Nations recommendations and to make available information on measures taken in this
regard;
13. Stresses the need to strengthen further inter-agency arrangements and the
capacities of United Nations agencies and other relevant actors to meet the immense
humanitarian challenge of internal displacement, and calls upon States to provide adequate
resources for programmes to assist and protect internally displaced persons with a view to
enhancing the capacities of countries with situations of internal displacement, and of the relevant
intergovernmental and non-governmental organizations, to meet the needs of internally displaced
persons;
14. Notes with appreciation the activities aimed at addressing the plight of internally
displaced persons undertaken by all relevant humanitarian assistance, human rights and
development agencies and organizations, including non-governmental organizations, and
encourages them to enhance further their collaboration and coordination with regard to internally
displaced persons, especially through the Inter-Agency Standing Committee;

15. Encourages the Emergency Relief Coordinator, in his capacity as head of the
Office for the Coordination of Humanitarian Affairs, to lead the efforts aimed at promoting an
effective, predictable and collaborative response among all relevant international agencies and
bodies with regard to protecting and assisting internally displaced persons, at headquarters as
well as in countries with situations of internal displacement, making use of the work of the
Inter-Agency Internal Displacement Division and bearing in mind the central role of resident or
humanitarian coordinators and the need to continue to enhance their capacity;
16. Notes with appreciation the increased attention paid to internally displaced
persons in the United Nations consolidated appeals process and encourages further efforts in this
regard, in particular the inclusion of activities to address protection issues, including the
protection of the human rights of internally displaced persons;
17. Acknowledges with appreciation the work of the International Committee of the
Red Cross and the other components of the International Red Cross and Red Crescent Movement
in protecting and assisting internally displaced persons;
18. Notes with appreciation the efforts of non-governmental organizations and the
increasing role of national human rights institutions in assisting internally displaced persons and
in promoting and protecting their human rights;
19. Welcomes the initiatives undertaken by regional organizations, such as the
African Union, the Organization of American States, the Organization for Security and
Cooperation in Europe, the Intergovernmental Authority on Development, the Council of
Europe, the Commonwealth and the Economic Community of West African States, to address
the assistance, protection and development needs of internally displaced persons, and encourages
them and other regional organizations to strengthen their activities in this regard;
20. Also welcomes the attention paid by relevant special rapporteurs, working groups,
experts and treaty bodies to issues of internal displacement, and calls upon them to continue to
seek information on situations that have already created or could create internal displacement
and to include relevant information and recommendations thereon in their reports;
21. Calls upon the United Nations High Commissioner for Human Rights, in
cooperation with Governments and national human rights institutions, and with other relevant
parts of the United Nations system, to continue to promote the human rights of internally
displaced persons, to enhance their protection on the ground and to develop projects to address
their plight as part of the programme of advisory services and technical cooperation, including in
the areas of human rights education, training and assistance in legislative and policy
development, and to provide information thereon;
22. Recognizes the importance of the global database on internally displaced persons,
and encourages the members of the Inter-Agency Standing Committee and Governments to
continue to collaborate on and support this effort, including by providing relevant data on
situations of internal displacement and financial resources;
23. Requests the Representative of the Secretary-General to address the complex
problem of internal displacement, in particular by mainstreaming human rights of the internally
displaced into all relevant parts of the United Nations system;

24. Recommends that the Representative of the Secretary-General work towards
strengthening the international response to the complex problem of situations of internal
displacement and engage in coordinated international advocacy and action for improving
protection and respect of the human rights of the internally displaced, while continuing and
enhancing dialogues with Governments, as well as non-governmental organizations and other
relevant actors;
25. Requests the Secretary-General to provide his Representative, from within
existing resources, with all necessary assistance and adequate staffing to carry out his mandate
effectively and to ensure that the mechanism works with the support of the Office of the
United Nations High Commissioner for Human Rights, from within its existing resources, and in
close cooperation with the Emergency Relief Coordinator and, in particular, the Inter-Agency
Internal Displacement Division and the United Nations High Commissioner for Refugees;
26. Encourages States as well as relevant organizations and institutions to consider
making voluntary contributions;
27. Invites the Representative of the Secretary-General to submit annual reports on
his activities to the Commission and to the General Assembly, making suggestions and
recommendations regarding the human rights of internally displaced persons and engaging in an
interactive dialogue thereon;
28. Decides to continue its consideration of the question of internal displacement at
its sixty-second session.
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XIV, paras. 437 to 442.]
2005/47. Human rights of migrants
The Commission on Human Rights,
Reaffirming the Universal Declaration of Human Rights, which proclaims that all human
beings are born free and equal in dignity and rights and that everyone is entitled to all the rights
and freedoms set out therein, without distinction of any kind, in particular as to race, colour or
national origin,
Recalling its resolution 2004/53 of 20 April 2004, taking note of General Assembly
resolution 59/194 of 20 December 2004 and recalling Assembly resolution 40/144
of 13 December 1985, by which it approved the Declaration on the Human Rights of Individuals
Who Are Not Nationals of the Country in Which They Live,
Considering that every State party to the International Covenant on Civil and Political
Rights must ensure to all individuals within its territory and subject to its jurisdiction the rights
recognized in the Covenant, and that every State party to the International Covenant on

Economic, Social and Cultural Rights has undertaken to guarantee the exercise of all rights
enunciated in that Covenant without discrimination of any kind, including in particular on the
basis of national origin,
Reaffirming the provisions concerning migrants adopted by the World Conference on
Human Rights, the International Conference on Population and Development, the World Summit
for Social Development, the Fourth World Conference on Women and the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and expressing its
satisfaction at the important recommendations made for the development of international and
national strategies for the protection of migrants and for the design of migration policies that
fully respect the human rights of migrants,
Recalling the renewed commitment made in the United Nations Millennium Declaration
to take measures to ensure respect for and protection of the human rights of migrants, migrant
workers and their families, to eliminate the increasing acts of racism and xenophobia in all
societies and to promote greater harmony and tolerance,
Recalling the judgement of the International Court of Justice of 27 June 2001 and
advisory opinions OC-16/99 of 1 October 1999 and OC-18/03 of 17 September 2003, issued by
the Inter-American Court of Human Rights, on the Right to Information on Consular Assistance
in the Framework of the Guarantees of the Due Process of Law and on the Juridical Condition
and Rights of Undocumented Migrants, respectively,
Recalling also the judgement of the International Court of Justice of 31 March 2004 in
the Avena and Other Mexican Nationals case (Mexico v. United States of America) and the
obligations of States reaffirmed therein,
Aware of the increasing number of migrants worldwide, and bearing in mind the situation
of vulnerability in which migrants and their families frequently find themselves, owing,
inter alia, to their absence from their States of origin and to the difficulties they encounter
because of differences of language, custom and culture, as well as the economic and social
difficulties and obstacles to the return of migrants, especially for those who are undocumented or
in an irregular migratory situation, to their States of origin,
Concerned at the large and growing number of migrants, especially women and children,
who attempt to cross international borders without the required travel documents, which places
these migrants in a particularly vulnerable situation, and recognizing the obligation of States to
respect the human rights of these migrants,
Deeply concerned at the manifestations of violence, racism, racial discrimination,
xenophobia and other forms of intolerance and inhuman and degrading treatment against
migrants, especially women and children, in different parts of the world,
Concerned also that the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance has indicated the appearance of new forms of
discrimination targeting migrants, among other groups,
Recognizing the increasing participation of women in international migration movements,

Recognizing also the positive and diverse contributions that migrants make to host and
origin societies, and the efforts that some host countries undertake to integrate migrants and their
families,
Highlighting the importance of creating conditions that favour greater harmony, tolerance
and respect between migrants and the rest of society in the countries in which they find
themselves, in order to eliminate manifestations of racism and xenophobia against migrants and
members of their families,
Bearing in mind the mandate of the Special Rapporteur on the human rights of migrants
contained in its resolution 1999/44 of 27 April 1999,
Encouraged by the increasing interest of the international community in the effective and
full protection of the human rights of all migrants, and underlining the need to make further
efforts to ensure respect for the human rights and fundamental freedoms of all migrants,
Emphasizing the global character of the migratory phenomenon, the importance of
international, regional and bilateral cooperation and the need to protect human rights of migrants,
particularly at a time in which migration flows have increased in the globalized economy and
take place in a context of new security concerns,
Bearing in mind that policies and initiatives on the issue of migration, including those
that refer to the orderly management of migration, should promote holistic approaches that take
into account the causes and consequences of the phenomenon, as well as the full respect of
human rights and fundamental freedoms of migrants,
Resolved to ensure respect for the human rights and fundamental freedoms of all
migrants,
1. Strongly condemns the manifestations and acts of racism, racial discrimination,
xenophobia and related intolerance against migrants and the stereotypes often applied to them,
and urges States to apply the existing laws when xenophobic or intolerant acts or manifestations
or expressions against migrants occur, in order to eradicate impunity for those who commit
xenophobic and racist acts, and calls upon States to implement fully the commitments and
recommendations relating to the promotion and protection of human rights of migrants contained
in the Durban Declaration and Programme of Action (A/CONF.189/12 and Corr.1) through,
inter alia, the adoption of national plans of action, as recommended by the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance;
2. Also strongly condemns all forms of racial discrimination and xenophobia related
to access to employment, vocational training, housing, schooling, health services and social
services, as well as services intended for use by the public;
3. Welcomes the active role played by governmental and non-governmental
organizations in combating racism and xenophobia and assisting victims of racist acts, including
migrant victims;
4. Calls upon all States to consider reviewing and, where necessary, revising
immigration policies with a view to eliminating all discriminatory practices against migrants and

their families and to provide specialized training for government policy-making and law
enforcement, migration and other concerned officials, including in cooperation with
non-governmental organizations and civil society, thus underlining the importance of effective
action to create conditions that foster greater harmony and tolerance within societies;
5. Requests States effectively to promote and protect the human rights and
fundamental freedoms of all migrants, especially those of women and children, regardless of
their immigration status, in conformity with the Universal Declaration of Human Rights and the
international instruments to which they are party, which may include the International Covenants
on Human Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Convention on the Elimination of All Forms of Discrimination
against Women, the Convention on the Rights of the Child and the International Convention on
the Elimination of All Forms of Racial Discrimination, the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, and other
relevant human rights instruments, norms and standards;
6. Requests all States, international organizations and relevant stakeholders to take
into account in their policies and initiatives on migration issues the global character of the
migratory phenomenon and to give the necessary relevance to international, regional and
bilateral cooperation in this field, with a view to addressing, in a comprehensive manner, its
causes and consequences and granting priority to the protection of human rights of migrants;
7. Reaffirms emphatically the duty of States parties to ensure full respect for and
observance of the Vienna Convention on Consular Relations, particularly with regard to the right
of foreign nationals, regardless of their immigration status, to communicate with a consular
official of their own State in the case of detention, and the obligation of the State in whose
territory the detention occurs to inform the foreign national of that right;
8. Expresses concern about the legislation and the measures adopted by some States
that restrict the human rights and fundamental freedoms of migrants;
9. Welcomes immigration programmes, adopted by some countries, that allow
migrants to integrate fully into the host countries, facilitate family reunification and promote a
harmonious and tolerant environment, and encourages States to consider the possibility of
adopting these types of programmes;
10. Calls upon States to facilitate family reunification in an expeditious and effective
manner, with due regard to applicable laws, as such reunification has a positive effect on the
integration of migrants;
11. Encourages all States to apply a gender perspective in developing international
migration policies and programmes in order to adopt the necessary measures to better protect
women and girls against dangers and abuse during migration;
12. Encourages States of origin to promote and protect the human rights of those
families of migrant workers that remain in the countries of origin, paying particular attention to
children and adolescents whose parents have emigrated, and encourages international
organizations to consider supporting States in this regard;

13. Requests all States, in conformity with national legislation and applicable
international legal instruments to which they are party, firmly to prosecute violations of labour
law with regard to migrant workers conditions of work, inter alia those related to their
remuneration and conditions of health, safety at work and the right to freedom of association;
14. Encourages all States to remove unlawful obstacles that may prevent the safe,
unrestricted and expeditious transfer of earnings, assets and pensions of migrants to their country
of origin or to any other countries, in conformity with applicable legislation, and to consider, as
appropriate, measures to solve other problems that may impede such transfers;
15. Urges all States to adopt effective measures to put an end to the arbitrary arrest
and detention of migrants and to take actions to prevent and punish any form of illegal
deprivation of liberty of migrants by individuals or groups;
16. Also urges all States to promote and adopt effective measures to enforce their
immigration laws and border controls only by means of duly authorized and trained government
officials and to prevent private persons or groups from carrying out conduct reserved for such
government officials, as well as to prosecute and punish those violations of the law that may
result from such conduct;
17. Calls upon States to observe national legislation and applicable international legal
instruments to which they are party when enacting national security measures, in order to respect
the human rights of migrants;
18. Requests States to adopt concrete measures in order to prevent the violation of the
human rights of migrants while in transit, including in ports and airports and at borders and
migration checkpoints, to train public officials who work in those facilities and in border areas to
treat migrants and their families respectfully and in accordance with the law, and to prosecute, in
conformity with applicable law, any act of violation of the human rights of migrants and their
families, inter alia, arbitrary detention, torture and violations of the right to life, including
extrajudicial executions during their transit from their country of origin to the country of
destination and vice versa, including their transit through national borders;
19. Encourages States that have not yet done so to enact domestic legislation and
to take further effective measures to combat and prosecute international trafficking and
smuggling of migrants, which should take into account, in particular, trafficking and
smuggling that endanger the lives of migrants or entail different forms of servitude or
exploitation, such as any form of debt bondage, slavery and sexual exploitation or forced labour,
and also encourages States to strengthen international cooperation to combat such trafficking
and smuggling;
20. Also encourages States, in cooperation with non-governmental organizations, to
undertake information campaigns aimed at clarifying opportunities, limitations and rights in the
event of migration, so as to enable everyone, in particular women, to make informed decisions
and to prevent them from becoming victims of trafficking and utilizing dangerous means of
access that put their lives and physical integrity at risk;

21. Calls upon States to protect the human rights of migrant children, given their
vulnerability, particularly unaccompanied migrant children, ensuring that the best interests of the
children are a primary consideration, and underlines the importance of reuniting them with their
parents, when possible, and encourages the relevant United Nations bodies, within the
framework of their respective mandates, to pay special attention to the conditions of migrant
children in all States and, where necessary, to put forward recommendations to strengthen their
protection, especially against sexual abuse, sexual exploitation, threat or use of force or other
forms of coercion, including coercion into begging, drug dealing, in particular by national or
transnational organized crime groups;
22. Encourages States to consider participating in international and regional
dialogues on migration that include sending and receiving countries, as well as countries of
transit, and invites them to consider negotiating bilateral and regional agreements on migrant
workers in the framework of applicable human rights law and designing and implementing
programmes with States of other regions to protect the rights of migrants;
23. Calls upon States and intergovernmental and non-governmental organizations to
observe on 18 December of each year International Migrants Day, proclaimed by the
General Assembly, by disseminating, inter alia, information on the human rights and
fundamental freedoms of migrants and on their economic, social and cultural contributions to
their host and home countries, and by sharing experiences and adopting measures to ensure their
protection and to promote greater harmony between migrants and the societies in which they
live;
24. Decides to extend for a period of three years the mandate of the
Special Rapporteur on the human rights of migrants;
25. Takes note with appreciation of the report of the Special Rapporteur on the
human rights of migrants (E/CN.4/2005/85 and Corr.1 and Add.1-4) and her interim report to
the General Assembly (see A/59/377), both submitted pursuant to Commission
resolution 2004/53, especially regarding the work she has undertaken, including on the aspect of
migrant domestic workers, and takes note of her observations and recommendations;
26. Requests all relevant mechanisms to cooperate with the Special Rapporteur;
27. Encourages States to consider the implementation of the recommendations
contained in the report of the Special Rapporteur, to cooperate fully with the Special Rapporteur
in the performance of the tasks and duties mandated and to give serious consideration to her
requests to visit their countries, and notes with appreciation that some Governments have already
invited the Special Rapporteur;
28. Encourages the Special Rapporteur to continue to examine ways and means of
overcoming existing obstacles to the full and effective protection of the human rights of
persons belonging to this large vulnerable group, including obstacles to and difficulties for the
return of migrants who are undocumented or in an irregular situation, taking into account
bilateral and regional initiatives and arrangements that aim at addressing, inter alia, the return
and reinsertion of those migrants, in conformity with her mandate as contained in Commission
resolution 1999/44;

29. Requests the Special Rapporteur, in carrying out her mandate and within the
framework of the Universal Declaration of Human Rights and all other international human
rights instruments, to request, receive and exchange information on violations of the human
rights of migrants, wherever they may occur, from Governments, treaty bodies, specialized
agencies and the special mechanisms of the Commission, as well as from intergovernmental
organizations, other competent organizations of the United Nations system and
non-governmental organizations, including migrants organizations, and to respond effectively to
such information, as well as to continue, as part of the Rapporteurs activities, her programme of
visits, which contribute to improving the protection afforded to the human rights of migrants and
to the broad and full implementation of all the aspects of her mandate;
30. Also requests the Special Rapporteur to report to the General Assembly at its
sixtieth session and to the Commission at its sixty-second session and to include in her annual
reports a chapter on the impact of the legislation and the measures adopted by some States that
restrict the human rights and fundamental freedoms of migrants;
31. Requests the United Nations High Commissioner for Human Rights and her
Office, as well as the Special Rapporteur, to ensure that the perspective of human rights of
migrants is included in the ongoing analysis on migration and development within the
United Nations system, including at the high-level dialogue that will be held during the
sixty-first session of the General Assembly, pursuant to Assembly resolution 58/208
of 23 December 2003;
32. Requests the Secretary-General to give the Special Rapporteur all the necessary
human and financial assistance for the fulfilment of her mandate;
33. Encourages States parties to implement fully the United Nations Convention
against Transnational Organized Crime and the two additional protocols thereto, namely, the
Protocol against the Smuggling of Migrants by Land, Sea and Air, and the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children, and urges States
that have not done so to consider ratifying them;
34. Decides to examine this question further at its sixty-second session under the
same agenda item;
35. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 13.]
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XIV, paras. 449 to 453.]

2005/48. Human rights and mass exoduses
The Commission on Human Rights,
Deeply disturbed by the scale and magnitude of exoduses and displacements of people in
many regions of the world and by the human suffering of refugees and displaced persons, a high
proportion of whom are women and children,
Recalling its previous relevant resolutions on this subject, as well as those of the
General Assembly, and the conclusions of the World Conference on Human Rights,
Recalling also relevant human rights standards, including article 14 of the Universal
Declaration of Human Rights and the principles of international protection for refugees,
including the general conclusions on international protection of the Executive Committee of the
Programme of the United Nations High Commissioner for Refugees,
Mindful of the four reports of the Secretary-General on the protection of civilians
in armed conflict (S/1999/957, S/2001/331, S/2002/1300 and S/2004/431) and the
recommendations made therein, as well as Security Council resolutions 1265 (1999)
of 17 September 1999 and 1296 (2000) of 19 April 2000 and the updated aide-mémoire adopted
by the Council on 15 December 2003 on that subject (S/PRST/2003/27, annex),
Stressing the importance of adherence to international humanitarian, human rights and
refugee law in order to avert mass exoduses and displacements, to mitigate their effects and to
protect refugees and internally displaced persons at all stages of the displacement cycle, and
expressing its deep concern at the lack of respect for those laws and principles, especially during
armed conflict, including, inter alia, the denial of full, safe and unimpeded access to displaced
persons by humanitarian workers,
Reaffirming the primary responsibility of States to ensure the protection within their own
territories of refugees, as well as internally displaced persons,
Recognizing that acts of deportation or forcible transfer of populations which, inter alia,
lead to or result from mass exoduses and displacements are included as crimes against humanity
in the Rome Statute of the International Criminal Court (A/CONF.183/9), and recognizing also
the importance of ending impunity for perpetrators of such crimes,
Recognizing also that the human rights machinery of the United Nations, including the
mechanisms of the Commission and the human rights treaty bodies, has important capabilities
for addressing human rights violations that cause movements of refugees and displaced persons
or prevent durable solutions to their plight,
Recognizing further the complementarity between the systems for the protection of
human rights and for humanitarian action, in particular the mandates of the United Nations
High Commissioner for Human Rights and the United Nations High Commissioner for
Refugees, as well as the work of the Office for the Coordination of Humanitarian Affairs, the
Representative of the Secretary-General on human rights of internally displaced persons and the
Special Representative of the Secretary-General for children and armed conflict, and that
cooperation between them, in accordance with their respective mandates, and coordination

between the human rights, political and security components of United Nations operations make
important contributions to the promotion and protection of human rights of persons forced into
mass exodus and displacement,
Welcoming the Agenda for Protection, emanating from the Office of the United Nations
High Commissioner for Refugees Global Consultations on International Protection, which was
endorsed by the Executive Committee of the High Commissioners Programme and welcomed
by the General Assembly, and noting in this context the elements that relate to refugees in mass
influx situations, including those relating to the problem of insecurity in refugee camps and the
importance of refugee registration,
1. Calls upon all States to promote human rights and fundamental freedoms without
discrimination of any kind, such as on the basis of national or social origin, ethnicity, race,
gender, age, religion, political or other opinion, language, birth or other status, and, in so doing,
to make a substantial contribution to addressing human rights situations that lead to or result
from mass exoduses and displacements;
2. Welcomes the report of the United Nations High Commissioner for Human Rights
on human rights and mass exoduses (E/CN.4/2005/80 and Add.1), and stresses that the themes
identified in the addendum reflect those issues that continue to require particular attention by
States in references to mass exodus situations;
3. Reaffirms the need for all Governments, intergovernmental bodies and concerned
international organizations to intensify their cooperation and assistance to address human rights
situations that lead to, as well as the serious protection problems that result from, mass exoduses
of refugees and displaced persons;
4. Emphasizes the responsibility of all States and international organizations
to cooperate with those countries, particularly developing countries, affected by mass
exoduses of refugees and displaced persons, and calls upon Governments, the United Nations
High Commissioner for Human Rights, the United Nations High Commissioner for Refugees,
other relevant parts of the United Nations system and other humanitarian and development
organizations to continue to respond to the assistance and protection needs that exist in countries
hosting large numbers of refugees and displaced persons until durable solutions are found, and
notes in this regard conclusion No. 100 (LV) adopted on 8 October 2004 by the Executive
Committee of the Programme of the United Nations High Commissioner for Refugees;
5. Encourages States that have not already done so to consider acceding to
the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as far as possible
without reservations, and to relevant regional instruments concerning refugees, as applicable,
and other relevant international instruments of human rights and humanitarian law, and also
encourages States to consider lifting reservations that they may have made to such instruments
and to take appropriate measures to disseminate and implement those instruments domestically
in order to encourage compliance with provisions against arbitrary and forcible displacement and
greater respect for the rights of those who flee;
6. Welcomes the fact that the Guiding Principles on Internal Displacement
(E/CN.4/1998/53/Add.2, annex) have served as a basis for new laws or policies on internally

displaced persons in a number of countries, and also the fact that an increasing number of States,
United Nations agencies, humanitarian and human rights agencies, as well as regional and
non-governmental organizations are applying them as a standard and using them in the course of
their work, and encourages States to continue to make use of the Guiding Principles in designing
and implementing their policies on internal displacement;
7. Calls upon States to ensure effective protection of refugees by, inter alia,
respecting the right under the Universal Declaration of Human Rights to seek and enjoy
asylum and the principle of non-refoulement, and urges all States to promote and protect the
human rights and fundamental freedoms of refugees and asylum-seekers;
8. Also calls upon States to ensure effective protection of, and assistance to, refugees
and internally displaced persons at all stages of the displacement cycle, consistent with
international law, including by ensuring full, safe and unhindered access by humanitarian
workers to displaced populations and ensuring the security and civilian and humanitarian nature
of camps and settlements for refugees and internally displaced persons;
9. Urges States to uphold the civilian and humanitarian character of asylum
consistent with international law, inter alia through effective measures to prevent the infiltration
of armed elements, to identify and separate any such armed elements from refugee populations,
to settle refugees at safe locations and to afford prompt, safe and unhindered access to them by
humanitarian workers, and notes in this regard conclusion No. 94 (LIII) adopted
on 8 October 2002 by the Executive Committee of the Programme of the United Nations High
Commissioner for Refugees;
10. Recognizes that, in addition to the problems refugee and displaced women
and girls share with all refugees and displaced persons, they are vulnerable to persecution,
gender-based discrimination and gender-specific violations of human rights, and calls upon
States to protect and promote and respect the human rights of refugee and displaced women and
children, to ensure that their particular needs are met, and to ensure that women are full and
equal participants in the planning, design, implementation, monitoring and evaluation of all
projects and programmes;
11. Expresses its grave concern at allegations of sexual exploitation of and violence
against refugees and internally displaced persons, condemns all instances of abuse and
exploitation of such persons, and calls on all relevant agencies to ensure the effective
implementation and monitoring of the Plan of Action on Protection from Sexual Exploitation and
Abuse in Humanitarian Crises drawn up by the Inter-Agency Standing Committee, other relevant
codes of conduct and the Secretary-Generals Bulletin on special measures for protection from
sexual exploitation and sexual abuse (ST/SGB/2003/13);
12. Calls upon States to combat impunity for human rights violations, recognizing
that addressing impunity is a crucial factor in the prevention of mass exoduses and in the
creation of conditions conducive to the sustainable return of refugees and internally displaced
persons in safety and dignity, as is strengthening the capacity of national human rights
institutions;

13. Underscores the importance of addressing protracted refugee situations and
so-called forgotten emergencies, recognizing the severe and long-lasting physical and
psychosocial impacts of prolonged displacement, and calls upon all States to promote conditions
conducive to the voluntary return of refugees in safety and with dignity and to support the other
two durable solutions of local integration, or resettlement where appropriate;
14. Welcomes the efforts of the United Nations High Commissioner for
Human Rights to contribute to the creation of an environment for a viable and sustainable return
of refugees and displaced persons in post-conflict societies through initiatives such as the
rehabilitation of the justice system, including mechanisms for restoration of property and
compensation and reparations as appropriate, the creation of independent national institutions
capable of defending human rights, broad-based programmes of human rights education and the
strengthening of local non-governmental organizations through field presences and programmes
of advisory services and technical cooperation, and calls on the Office of the United Nations
High Commissioner for Human Rights to strengthen its efforts in these areas;
15. Encourages the United Nations High Commissioner for Human Rights,
the United Nations High Commissioner for Refugees, other relevant components of the
United Nations system, other humanitarian organizations and regional organizations to continue
to cooperate within their respective mandates and in accordance with international law in the
creation of an environment for a viable and sustainable return of refugees and displaced persons
in post-conflict societies;
16. Requests the United Nations High Commissioner for Human Rights, in the
exercise of her mandate and in cooperation with the United Nations High Commissioner for
Refugees, the Representative of the Secretary-General on the human rights of internally
displaced persons and the Under-Secretary-General for Humanitarian Affairs and Emergency
Relief Coordinator, to pay particular attention to human rights situations that cause, threaten to
cause or affect mass exoduses of populations and to contribute to efforts to address such
situations effectively through promotion and protection measures, emergency preparedness and
response mechanisms, early warning and information-sharing, technical advice and expertise and
cooperation in countries of origin and host countries;
17. Encourages all United Nations bodies, including the human rights treaty bodies,
acting within their mandates, and the specialized agencies, as well as governmental,
intergovernmental and non-governmental organizations, and the special procedures of the
Commission to pay particular attention to, to exchange information on and to provide the
United Nations High Commissioner for Human Rights with all relevant information in their
possession on human rights situations that create or affect refugees and displaced persons, for
appropriate action in fulfilment of her mandate, in consultation with the United Nations
High Commissioner for Refugees and the Representative of the Secretary-General;
18. Welcomes with appreciation the ongoing contributions of the United Nations
High Commissioner for Human Rights, the United Nations High Commissioner for Refugees
and the Representative of the Secretary-General to the work of the Commission, its special
procedures and to other international human rights bodies and mechanisms, and invites them to
exchange relevant information on mass exoduses and displacements with all United Nations

bodies, including the human rights treaty bodies, acting within their mandates, and invites the
United Nations High Commissioner for Refugees to address the Commission at each of its future
sessions;
19. Requests the United Nations High Commissioner for Human Rights to prepare
and submit to the Commission at its sixty-third session an analytical report on measures taken to
implement the present resolution and obstacles to its implementation, including information on
measures taken by the Office of the High Commissioner and other relevant United Nations
bodies, taking into account information and comments provided by Governments,
intergovernmental organizations, human rights treaty bodies, specialized agencies, and
non-governmental organizations;
20. Also requests the High Commissioner to include in her report, as an annex, an
update of the thematic compilation of relevant reports and resolutions of the Commission and the
Sub-Commission on the Promotion and Protection of Human Rights, and relevant material from
the human rights treaty bodies and regional human rights bodies;
21. Decides to continue its consideration of this question at its sixty-third session
under the sub-item Mass exoduses and displaced persons of the agenda item entitled Specific
groups and individuals.
57th meeting
19 April 2005
[Resolution adopted without a vote.
See chap. XIV, paras. 454 and 455.]
2005/49. Working Group on Indigenous Populations of the Sub-Commission
on the Promotion and Protection of Human Rights
The Commission on Human Rights,
Considering Economic and Social Council resolution 1982/34, in which the Council
authorized the Sub-Commission on the Promotion and Protection of Human Rights, formerly the
Sub-Commission on Prevention of Discrimination and Protection of Minorities, to establish
annually a working group on indigenous populations with the mandate to review developments
pertaining to the promotion and protection of the human rights and fundamental freedoms of
indigenous populations, giving special attention to the evolution of standards concerning the
rights of indigenous populations,
Recalling Economic and Social Council resolution 2000/22 of 28 July 2000, its own
resolutions 2003/55 of 24 April 2003 and 2004/57 of 20 April 2004, and Sub-Commission
resolutions 2002/17 and 2002/21 of 14 August 2002,
Reaffirming its recognition of the value and diversity of the cultures and forms of social
organization of indigenous people and that the development of indigenous people within their
countries will contribute to the socio-economic, cultural and environmental advancement of all
the countries of the world,

Reaffirming the urgent need to recognize, promote and protect more effectively the
human rights and fundamental freedoms of indigenous people and the important role to be
played in that respect by all existing mechanisms within the United Nations system mandated to
review indigenous issues,
Considering the continuing need for the Working Group on account of its present
mandate, which is distinct from those of the Permanent Forum on Indigenous Issues and the
Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous
people,
Convinced of the need to further explore ways and means to promote and strengthen the
already existing cooperation between the Working Group, the Permanent Forum and the Special
Rapporteur, since their respective mandates are complementary and do not give rise to
duplication,
Considering that the General Assembly, in its resolution 59/174 of 20 December 2004,
proclaimed the Second International Decade of the Worlds Indigenous People, commencing on
1 January 2005, establishing as the goal of the new Decade to strengthen further international
cooperation for the solution of problems faced by indigenous people in such areas as culture,
education, health, human rights, the environment and social and economic development, by
means of action-oriented programmes and specific projects, increased technical assistance and
relevant standard-setting activities,
Recognizing the importance of consultation and cooperation with indigenous people
and their organizations in planning and implementing the programme of activities for the
Second Decade, the need for adequate financial support from the international community,
including support from within the United Nations and the specialized agencies, and the need for
adequate coordination and communication channels,
Aware that, in accordance with the specific request by the General Assembly
in paragraph 3 of its resolution 59/174, the Secretary-General has appointed
Mr. José Antonio Ocampo, Under-Secretary-General for Economic and Social Affairs, as
the Coordinator for the Second Decade,
Considering that, in its resolution 59/174 proclaiming the Second Decade, the
General Assembly took due note of Commission resolution 2004/62 of 21 April 2004, in which
the Commission expressed its deep concern about, inter alia, the persistence of grave violations
of the human rights of indigenous people and reaffirmed the urgent need to recognize, promote
and protect more effectively their rights and freedoms,
Recognizing the valuable contribution made by the High Commissioner for Human
Rights in coordinating the International Decade of the Worlds Indigenous People in accordance
with General Assembly resolution 48/163 of 21 December 1993,
Convinced of the need to facilitate and secure full cooperation and consultation between
the Coordinator of the Second Decade and Governments, the Permanent Forum on Indigenous
Issues and other relevant bodies and mechanisms of the United Nations system, inter alia,
the Working Group on Indigenous Populations and the Special Rapporteur on the situation of

human rights and fundamental freedoms of indigenous people, the Office of the United Nations
High Commissioner for Human Rights, other members of the Inter Agency Support Group on
Indigenous Issues and indigenous and non-governmental organizations,
I. REPORT OF THE WORKING GROUP ON INDIGENOUS POPULATIONS
OF THE SUB-COMMISSION ON THE PROMOTION AND PROTECTION
OF HUMAN RIGHTS
1. Takes note of the report of the Sub-Commission on the Promotion and Protection
of Human Rights (E/CN.4/2005/2-E/CN.4/Sub.2/2004/48) and of the report of the Working
Group on Indigenous Populations on its twenty-second session (E/CN.4/Sub.2/2004/28) and, in
particular, of its conclusions and recommendations;
2. Recommends that the Economic and Social Council authorize the Working Group
to meet for five working days prior to the fifty-seventh session of the Sub-Commission;
3. Also recommends that the Economic and Social Council authorize the
Chairperson-Rapporteur of the twenty-second session of the Working Group to submit the report
on that session to the Permanent Forum on Indigenous Issues during the Forums fourth session
in 2005, as requested in Sub-Commission resolution 2004/15 of 9 August 2004;
4. Invites the Working Group to give special attention to its standard-setting
activities throughout the Second International Decade of the Worlds Indigenous People;
5. Welcomes the fact that the Working Group has continued to carry out a
comprehensive review of developments and of the diverse situations and aspirations of the
worlds indigenous people and that at its twenty-third session, the Working Group will focus on
the theme Indigenous peoples and the international and domestic protection of traditional
knowledge, and invites Governments, intergovernmental organizations, indigenous
organizations and non-governmental organizations to provide information and data on this theme
to the Working Group at its twenty-third session;
6. Invites the Working Group to continue its consideration of ways and means in
which the expertise of indigenous people can contribute to the work of the Working Group, and
encourages initiatives by Governments, organizations of indigenous people and
non-governmental organizations to ensure the full participation of indigenous people in the
activities related to the tasks of the Working Group;
7. Also invites the Working Group and all thematic special rapporteurs, special
representatives, independent experts, working groups and expert seminars, within the framework
of their respective mandates, to continue considering possible ways and means to ensure that the
particular situation of indigenous peoples is properly reflected in their periodic reports to their
superior bodies, so as to contribute to the effective fulfilment of the respective mandates of the
Economic and Social Council, the Commission, the Sub-Commission, the Permanent Forum, the
Working Group and the Special Rapporteur;

8. Requests the Secretary-General:
(a) To provide adequate resources and assistance to the Working Group in the
discharge of its tasks, including adequate dissemination of information about the activities of the
Working Group to Governments, specialized agencies, non-governmental organizations and
organizations of indigenous people, in order to encourage the widest possible participation in its
work;
(b) To transmit the reports of the Working Group to Governments, organizations of
indigenous people and intergovernmental and non-governmental organizations, as soon as
possible, for specific comments and suggestions;
II. SECOND INTERNATIONAL DECADE OF THE WORLDS
INDIGENOUS PEOPLE
9. Expresses its appreciation to the present and previous United Nations
High Commissioners for Human Rights for coordinating the International Decade of the
Worlds Indigenous People and contributing to the promotion of international cooperation to
improve the situations of indigenous people;
10. Also expresses its appreciation to the Advisory Group for the Voluntary Fund for
the Decade for its advice to the Coordinator on the disbursement of funds for projects and
activities aimed at implementing the programme of action of the Decade;
11. Emphasizes the urgency of adopting the United Nations declaration on the rights
of indigenous peoples as soon as possible;
12. Urges all States to continue working, in cooperation with the United Nations
system, on the implementation of the conclusions and recommendations of the Decade and to
take the necessary measures to support the goals of the Second Decade;
13. Invites the Coordinator for the Second Decade to take the necessary steps to
establish, as soon as possible, the basis for the full cooperation and consultation required to
secure the effective participation of Governments, the Permanent Forum on Indigenous Issues
and other relevant bodies and mechanisms of the United Nations system, inter alia, the Working
Group on Indigenous Populations and the Special Rapporteur on the situation of human rights
and fundamental freedoms of indigenous people, the Office of the High Commissioner for
Human Rights, other members of the Inter-Agency Support Group on Indigenous Issues and
indigenous and non-governmental organizations, in the planning, execution and monitoring of
the programme of action of the Second Decade;
14. Invites the Working Group to submit in due course to the Coordinator for the
Second Decade, through the Office of the High Commissioner, a list of activities to be
considered for possible inclusion as part of the human rights component of the comprehensive
programme of action for the Second Decade that the Secretary-General has been requested to
submit to the General Assembly at its sixtieth session;

15. Requests the High Commissioner to submit to the Commission at its
sixty-second session, under the agenda item entitled Indigenous issues, a report on the
activities undertaken by her Office during the calendar year 2005 relating to indigenous people,
as well as proposals both within and outside the framework of the Second Decade for enhancing
the promotion and protection of the individual and collective rights of indigenous people,
including their human rights and freedoms;
16. Decides to consider this matter at its sixty-second session, under the same agenda
item;
17. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 14]
58th meeting
20 April 2005
[Resolution adopted by a recorded vote of 39 votes to 13, with 1 abstention, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, India, Indonesia,
Kenya, Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands, Republic of Korea,
Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America.
Abstaining: Finland.
See chap. XV, paras. 470 to 474.]
2005/50. Working group of the Commission on Human Rights to elaborate a
draft declaration in accordance with paragraph 5 of General Assembly
resolution 49/214 of 23 December 1994
The Commission on Human Rights,
Bearing in mind General Assembly resolution 47/75 of 14 December 1992 and Part II,
paragraph 28, of the Vienna Declaration and Programme of Action (A/CONF.157/23),
Reaffirming its resolution 1995/32 of 3 March 1995, in which it established an
open-ended intersessional working group with the sole purpose of elaborating a draft declaration,
considering the draft contained in the annex to resolution 1994/45 of 26 August 1994 of the
Sub-Commission on the Promotion and Protection of Human Rights, entitled Draft
United Nations declaration on the rights of indigenous peoples, for consideration and
adoption by the General Assembly,
Bearing in mind General Assembly resolution 59/174 of 20 December 2004 and
underlining the importance of concluding, as soon as possible, the draft United Nations
declaration on the rights of indigenous people for consideration and adoption by the
General Assembly,

Reaffirming in particular that the invitation contained in resolution 1995/32 was
addressed to organizations of indigenous people seeking authorization to participate in the
Working Group,
Recognizing that organizations of indigenous people have special knowledge and
understanding of the current situation of the worlds indigenous people and their human rights
needs,
Recalling General Assembly resolution 49/214 of 23 December 1994, in which the
Assembly encouraged the Commission to consider the draft declaration with the participation of
representatives of indigenous people, on the basis of and in accordance with appropriate
procedures to be determined by the Commission,
Welcoming the progress made in the process of drafting a declaration on the rights of
indigenous people and emphasizing the importance and special nature of such a draft declaration
as an instrument specifically for promoting the rights of indigenous people,
Encouraging Governments and organizations of indigenous people to take into account
General Assembly resolution 59/174, to note the report of the United Nations High
Commissioner for Human Rights (E/CN.4/2005/87) and to participate actively and in a spirit of
compromise in the working group in order to present a draft United Nations declaration on the
rights of indigenous people to the General Assembly, as a matter of priority, for consideration
and adoption,
Recalling the need for the Working Group to consider all aspects of the draft declaration,
including its scope of application,
1. Takes note of the report of the Working Group (E/CN.4/2005/89 and Add.1
and 2) and welcomes the continuation and positive nature of the deliberations of the
Working Group, in particular the measures taken to ensure effective input by organizations
of indigenous people;
2. Expresses its appreciation for the work of Economic and Social Council
in considering applications from organizations of indigenous people to participate in the
working group under the procedures set out in the annex to Commission resolution 1995/32;
3. Welcomes the decisions of the Council approving the participation of
organizations of indigenous people in the work of the working group and urges the Council to
process all pending applications as soon as possible, taking strictly into account the procedures
set out in the annex to Commission resolution 1995/32;
4. Urges all parties involved in the process of negotiation to do their utmost to
carry out successfully the mandate of the working group and to present for adoption as soon as
possible a final draft United Nations declaration on the rights of indigenous people;

5. Recommends that the working group meet for ten working days prior to the
sixty-second session of the Commission, the cost of the meeting to be met from within existing
resources;
6. Invites the Chairperson-Rapporteur of the working group to undertake inquiries
with the Office of the United Nations High Commissioner for Human Rights to determine the
possibility of convening additional meetings of the working group, within existing resources,
with a view to facilitating progress in drafting a declaration on the rights of indigenous people;
7. Also invites the Chairperson-Rapporteur of the working group and all interested
parties to conduct broad informal intersessional consultations with a view to facilitating progress
in concluding a declaration on the rights of indigenous people at the next session of the working
group;
8. Takes note of the proposal raised during the resumed meeting of the tenth session
of the Working Group, to hold a workshop with the participation of representatives of States,
indigenous experts, internationally recognized academics, independent experts and civil society
organizations, to be hosted and co-sponsored by the Government of Mexico, on issues related to
the draft declaration with the purpose of promoting the rapprochement of positions of all partners
involved, and invites the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people to participate in this workshop;
9. Encourages organizations of indigenous people that are not already registered to
participate in the working group and that wish to do so to apply for authorization in accordance
with the procedures set out in the annex to Commission resolution 1995/32;
10. Requests the Working Group to submit a report for consideration by the
Commission at its sixty-second session under the same agenda item;
11. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 15.]
58th meeting
20 April 2005
[Resolution adopted by a recorded vote of 52 votes to none, with 1 abstention, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany,
Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania,
Mexico, Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania,
Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom
of Great Britain and Northern Ireland, Zimbabwe.
Against: None.
Abstaining: United States of America.
See chap. XV, paras. 476 to 484.]

2005/51. Human rights and indigenous issues
The Commission on Human Rights,
Bearing in mind that the Charter of the United Nations establishes as one of the purposes
of the Organization 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,
Considering that the Universal Declaration of Human Rights proclaims that all
human beings are born free and equal in dignity and rights, that all are entitled to equal
protection against any discrimination and that everyone is entitled to all the rights and
freedoms set forth in the Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status,
Guided by the relevant norms and standards of international human rights instruments,
including the International Covenant on Civil and Political Rights, the International Covenant
on Economic, Social and Cultural Rights, the International Convention on the Elimination of
All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
Convention on the Elimination of All Forms of Discrimination against Women,
Recalling with appreciation the entry into force of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of their Families,
Recalling the Convention concerning Indigenous and Tribal Peoples in Independent
Countries, 1989 (No. 169), of the International Labour Organization,
Bearing in mind the recommendations of the World Conference on Human Rights held in
Vienna in June 1993,
Recalling the provisions relevant to the present resolution contained in the Durban
Declaration and Programme of Action adopted in September 2001 by the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance (A/CONF.189/12
and Corr.1),
Recalling that the General Assembly proclaimed in its resolution 59/174
of 20 December 2004, the Second International Decade of the Worlds Indigenous People,
which began on 1 January 2005, with the goal of further strengthening international cooperation
for the solution of problems faced by indigenous people in such areas as culture, education,
health, human rights, the environment and social and economic development, by means of
action-oriented programmes and specific projects, increased technical assistance and relevant
standard-setting activities,

Welcoming the progress made at the last session of the Open-ended working group to
elaborate a draft United Nations declaration on the rights of indigenous people, emphasizing the
importance of continuing to drive all efforts to finalize, through open and constructive dialogue,
the draft United Nations declaration on the rights of indigenous peoples and urging all parties
involved to present it for adoption as soon as possible,
Welcoming the important contributions made so far by the Permanent Forum on
Indigenous Issues and its report on its third session (E/2004/43-E/C.19/2004/23) and recalling
that the mandate of the Permanent Forum consists of discussing indigenous issues within the
mandate of the Economic and Social Council relating to economic and social development,
culture, the environment, education, health and human rights,
Taking into account the mandate of the Working Group on Indigenous Populations of the
Sub-Commission on the Promotion and Protection of Human Rights to review developments
pertaining to the promotion and protection of their human rights and fundamental freedoms, with
special attention to the evolution of standards concerning their rights,
Deeply concerned about the precarious levels of economic and social development that
indigenous people endure in many parts of the world and the disparities in their situation in
comparison to the overall population, as well as about the persistence of grave violations of their
human rights,
Reaffirming the urgent need to recognize, promote and protect more effectively the
human rights and fundamental freedoms of indigenous people,
Encouraged by the renewed commitment and growing interest of the international
community to ensure the full respect and equal enjoyment by indigenous people of all human
rights and fundamental freedoms, and noting in particular the vulnerable situation of those who
could find themselves in situations of conflict,
Recalling its resolution 2004/62 of 21 April 2004,
1. Welcomes the report of the Special Rapporteur on the situation of human rights
and fundamental freedoms of indigenous people (E/CN.4/2005/88 and Add.1 and 2 and Add.3
and Add.3/Corr.1 and Add.4), as well as the official visits he has made during the last year, and
encourages Governments to respond positively to requests by the Special Rapporteur to visit
their country;
2. Encourages the Special Rapporteur to continue to examine ways and means of
overcoming existing obstacles to the full and effective protection of the human rights and
fundamental freedoms of indigenous people, in conformity with his mandate, and to pay special
attention to violations of the human rights and fundamental freedoms of indigenous children and
women, and to take into account a gender perspective;
3. Requests the Special Rapporteur, in performing his work, to consider the
recommendations of the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance on matters concerning his mandate, as well as the recommendations,
observations and conclusions of the Committee on the Elimination of Racial Discrimination;

4. Also requests the Special Rapporteur, in carrying out his mandate and within the
framework of the Universal Declaration of Human Rights and all other international human
rights instruments, to continue requesting, receiving and exchanging information on violations of
the human rights of indigenous people, wherever they may occur, from Governments,
United Nations human rights treaty bodies, specialized agencies, special mechanisms of the
Commission and the Sub-Commission on the Promotion and Protection of Human Rights, as
well as from intergovernmental organizations, other relevant organizations of the United Nations
system and civil society, including indigenous organizations, and to respond effectively to such
information;
5. Further requests the Special Rapporteur to continue working on the topics
included in his reports, in particular, those that impact on the situation of the human rights and
fundamental freedoms of indigenous people, which may contribute to advancing the debate on
fundamental issues of the draft United Nations declaration on the rights of indigenous people;
6. Takes note of the intention of the Special Rapporteur to devote his next report to
the topics of constitutional reform, legislation and implementation of laws regarding the
protection of rights of indigenous people and the effectiveness of their application;
7. Also takes note of the proposal raised during the resumed meeting of the tenth
session of the Open-ended working group to elaborate a draft United Nations declaration on the
rights of indigenous peoples, to hold a workshop with the participation of representatives of
States, indigenous experts, internationally recognized academics, independent experts and civil
society organizations, to be hosted and co-sponsored by the Government of Mexico, on issues
related to the draft declaration, with the purpose of promoting the rapprochement of positions of
all partners involved, and invites the Special Rapporteur to participate in this workshop;
8. Notes with appreciation the outcome of the Expert Seminar on Indigenous
Peoples and Education (E/CN.4/2005/88/Add.4) organized by the Office of the United Nations
High Commissioner for Human Rights and the United Nations Educational, Scientific and
Cultural Organization with the participation of governmental, indigenous, non-governmental and
independent experts, encourages the Special Rapporteur to continue developing his thematic
work programme and invites all States to take into account his recommendations in the
formulation of public policies on the subject;
9. Requests the Special Rapporteur to begin preparing a study regarding best
practices carried out to implement the recommendations contained in his general and country
reports and to submit a progress report to the Commission at its sixty-second session and the
final study at its sixty-third session;
10. Also requests the Special Rapporteur to liaise with the Special Adviser of the
Secretary-General on the Prevention of Genocide with regard to the protection of indigenous
people from genocide and, together with other special procedures established by this
Commission and relevant United Nations bodies, to facilitate consultation and exchange of
information, in order to enable all involved actors to adopt necessary preventive measures in a
timely manner;

11. Invites the Special Rapporteur to continue to carry out his task in coordination
with the Permanent Forum on Indigenous Issues and the Working Group on Indigenous
Populations and to take into account their recommendations relevant to his mandate;
12. Requests the Office of the High Commissioner to facilitate the attendance of the
Special Rapporteur at the fourth annual session of the Permanent Forum on Indigenous Issues to
be held at United Nations Headquarters in May 2005;
13. Requests all Governments to cooperate fully with the Special Rapporteur in the
performance of the tasks and duties mandated, to furnish all information requested and to react
promptly to his urgent appeals;
14. Takes note with appreciation of the intention of the Office of the High
Commissioner and the Inter-parliamentary Union to organize, making use of existing financial
resources and voluntary contributions, a seminar on constitutional reforms, legislation and
implementation of laws regarding the rights of indigenous people and the effectiveness of their
application, with the participation of indigenous and governmental and non-governmental
experts, to assist the Special Rapporteur in examining the main topic of his annual report to the
Commission in 2006;
15. Encourages the United Nations, including its specialized agencies, regional
intergovernmental organizations, Governments, independent experts, interested institutions,
non-governmental organizations and, in particular, indigenous people to cooperate to the fullest
extent possible with the Special Rapporteur in the fulfilment of his mandate;
16. Encourages the World Summit on the Information Society to take indigenous
issues duly into account in its declaration of principles and action plan and in all other relevant
programmes to be adopted by the Summit in its second phase, to be held in Tunis in 2005;
17. Urges those States that have not yet done so to consider, as a matter of priority,
ratifying or acceding to the Convention concerning Indigenous and Tribal Peoples in
Independent Countries, 1989 (No. 169);
18. Requests the Special Rapporteur to submit a report on his activities to the
General Assembly at its sixtieth session and to the Commission at its sixty-second session;
19. Requests the Secretary-General and the United Nations High Commissioner for
Human Rights to provide all the necessary human, technical and financial assistance to the
Special Rapporteur for the effective fulfilment of his mandate;
20. Decides to continue consideration of this question at its sixty-second session,
under the same agenda item.
58th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XV, paras. 485 to 487.]

2005/52. Protection of indigenous peoples in time of conflict
The Commission on Human Rights:
1. Requests the Secretary-General:
(a) To ensure that the Special Adviser for the Prevention of Genocide appointed
under the Action Plan to Prevent Genocide takes into consideration the need to protect
indigenous peoples and their territories;
(b) To ensure that, in situations where there are forces present under a United Nations
mandate, they protect vulnerable indigenous peoples, their territories and objects indispensable
to their survival;
(c) To ensure that the mandates of United Nations authorized operations include a
requirement to protect indigenous populations and their territories;
2. Requests the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people:
(a) To liaise with the Special Adviser with regard to the protection of indigenous
peoples from genocide;
(b) To develop an emergency response mechanism as part of his mandate.
58th meeting
20 April 2005
[Resolution adopted by a recorded vote of 35 votes to 13, with 4 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, Indonesia, Kenya,
Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation, Saudi Arabia,
South Africa, Sri Lanka, Sudan, Swaziland, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Netherlands, Romania,
Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America.
Abstaining: Congo, India, Japan, Republic of Korea.
See chap. XV, paras. 488 to 491.]
2005/53. The work of the Sub-Commission on the Promotion and Protection of
Human Rights
The Commission on Human Rights,
Recalling its previous relevant resolutions, in particular 2004/60 of 20 April 2004 and the
resolutions identified therein, as well as the terms of reference of the Sub-Commission on the
Promotion and Protection of Human Rights (formerly the Sub-Commission on the Prevention of
Discrimination and Protection of Minorities) as set out in the relevant resolutions of the
Commission on Human Rights, the Economic and Social Council, and the General Assembly,

Recalling also the report of the Intersessional open-ended working group on enhancing
the effectiveness of the mechanisms of the Commission on Human Rights (E/CN.4/2000/112),
and reaffirming Commission decision 2000/109 of 26 April 2000,
Recalling further the rules of procedure of the functional commissions of the Economic
and Social Council and other decisions and practices relating thereto, and Sub-Commission
decision 1999/114 of 26 August 1999 by which the Sub-Commission adopted guidelines for the
application of the rules,
Bearing in mind the final working paper on the methods of work of the Sub-Commission
(E/CN.4/Sub.2/1999/2),
Taking note of:
(a) The report of the Sub-Commission on its fifty-sixth session (E/CN.4/2005/2
E/CN.4/Sub.2/2004/48),
(b) The report of the Chairperson of the fifty-sixth session of the Sub-Commission
(E/CN.4/2005/90),
1. Reaffirms its recognition of the valuable contribution made by the
Sub-Commission, as a subsidiary body of the Commission, to the human rights work of the
United Nations over the past 58 years;
2. Recognizes in particular the important contribution of the Sub-Commission and
its thematic mechanisms to the development of a better understanding of human rights through
the study of important issues, the elaboration of international human rights standards and the
promotion and protection of human rights throughout the world, as well as the valuable
contribution that Governments, intergovernmental organizations and non-governmental
organizations have made to the success of the Sub-Commission;
3. Decides that the Sub-Commission can best assist the Commission by providing it
with:
(a) Independent expert studies and working papers solely carried out by its members
or alternates during their mandate, notwithstanding the completion of currently existing
mandates;
(b) Recommendations based on, and after full consideration of, these studies;
(c) Studies, research and expert advice at the request of the Commission, including
proposals confirmed by the Commission which have been suggested by treaty bodies or other
United Nations human rights bodies;
4. Welcomes the actions taken by the Sub-Commission at its fifty-sixth session to
respond to recommendations by the Commission for the initiation of working papers and new
studies;
5. Also welcomes the attention given by the Sub-Commission to economic, social
and cultural rights, as well as its continued attention to civil and political rights;

6. Further welcomes the improved working methods of the Sub-Commission at its
last four sessions at which it:
(a) Reformed, improved and streamlined its agenda to seven items;
(b) Held a closed joint meeting with the Expanded Bureau of the sixtieth session of
the Commission;
(c) Drafted many of its resolutions in closed session rather than attempting to do so in
public sessions;
7. Recalls the report submitted by the Office of the High Commissioner pursuant to
the request of the Commission in its resolution 2002/66 of 25 April 2002 on possible ways and
means of addressing the issues raised by the Sub-Commission and of improving the
Commissions action on proposals of the Sub-Commission (E/CN.4/2003/95) and of discussions
in which the Bureau of the Commission studied further those proposals, and decides to continue
consideration of possible ways and means of improving, as soon as possible, the Commissions
prompt action on proposals of the Sub-Commission;
8. Reiterates and reaffirms:
(a) Its decision that the Sub-Commission should not adopt country-specific
resolutions, decisions or Chairpersons statements and, in negotiating and adopting thematic
resolutions or decisions, should refrain from including references to specific countries;
(b) That the Sub-Commission should continue to be able to debate country situations
not being dealt with in the Commission, as well as urgent matters involving serious violations of
human rights in any country, and that its discussions would be reflected in the summary records
of its debates, which should continue to be forwarded to the Commission;
(c) That the Sub-Commission should not undertake any new activity without the
Commissions approval, with the exception of the preparation of studies and research;
(d) That the role of the Sub-Commission is that of a think tank, as confirmed by the
Commission in decision 2000/109, and therefore the Sub-Commission should not attribute to
itself monitoring functions, while reaffirming the content of paragraph 52 of the annex to its
decision 2000/109;
9. Recommends that the Sub-Commission continue at its future sessions the
successful innovations of the fifty-third session which were confirmed at the fifty-fourth,
fifty-fifth and fifty-sixth sessions, in particular by:
(a) Having annual closed meetings with the Expanded Bureau of the sixty-first and
subsequent sessions of the Commission, so as to exchange views aimed at improving
cooperation between the two organs;
(b) Maintaining a streamlined agenda;
(c) Holding its discussions of its working rules, procedures and timetable in closed
meeting;

(d) Drafting as many of its resolutions as possible in closed session, in view of the
limited time available;
(e) Using the question and answer format and some expert panel discussions;
10. Also recommends that the Sub-Commission further improve its methods of work
by:
(a) Focusing on its primary role as an advisory body to the Commission, specifically
when its advice is requested by the Commission;
(b) Giving particular attention to the selection of studies specifically recommended
by the Commission or proposals confirmed by the Commission which have been suggested by
treaty bodies or other United Nations human rights bodies, at the same time focusing on how and
when the implementation of existing standards can be improved;
(c) Respecting strictly the highest standards of impartiality and expertise and
avoiding acts which would affect confidence in the independence of its members, in particular in
situations where they could have a conflict of interest;
(d) Facilitating efficient and effective participation of non-governmental
organizations;
(e) Giving full consideration to studies and working papers by special rapporteurs
and its members before sending them to the Commission;
(f) Taking further steps to accomplish its work within a three-week session, while
making efforts to avoid the scheduling of working groups and plenary sessions concurrently with
each other;
(g) Making proposals to the Commission on how it might assist the Sub-Commission
in improving its work, and vice versa;
(h) Focusing strictly on questions relating to human rights in accordance with its
mandate;
(i) Avoiding duplication of its work with that being carried out by other competent
bodies and mechanisms;
(j) Taking fully into account legal opinions addressed to the Sub-Commission by the
Legal Counsel of the United Nations;
11. Requests States when nominating and electing members and alternates to the
Sub-Commission:
(a) To be conscious of the strong concern to ensure that the body is independent and
is seen to be so and, inter alia, to ensure that their nominees to the Sub-Commission are impartial
and independent, free from conflict of interest, and, if elected, that the nominating States do not
seek to unduly influence their work;

(b) To keep in mind the need to ensure universality, a balanced representation, as
well as the benefits of continuity and the importance of renewal;
(c) To select members with acknowledged expertise in human rights;
(d) To submit nominations, if possible, at least two months prior to the beginning of
the session at which they will be elected, so as to enable the members of the Commission
thoroughly to assess the qualifications and the independence of the nominees;
(e) To refrain from seeking to unduly influence those who are already
Sub-Commission members or alternates;
12. Requests the Office of the High Commissioner to ensure that all initiatives of the
Sub-Commission with financial implication for the United Nations budgets, including from
voluntary sources, are brought before the Commission for consideration;
13. Also requests the Office of the High Commissioner to submit to the Commission
at its sixty-second session a comprehensive report on the administrative and programme budget
of the Sub-Commission, as well as possible recommendations for strengthening and enhancing
the Sub-Commissions budgetary planning and management;
14. Invites the Secretary-General to give support to the Sub-Commission, inter alia by
making available documentation in good time before each session in the official languages of the
United Nations and assisting the Sub-Commission in requests for information from Governments
and intergovernmental and non-governmental organizations, and reiterates that such requests,
like all requests for concrete measures, must first have been approved by the Commission;
15. Recommends that the Chairperson of the Sub-Commission or his/her
representative attend the meeting of special rapporteurs/representatives, experts and chairpersons
of working groups of the special procedures of the Commission and the meeting of chairpersons
of treaty bodies, so as to facilitate coordination between the Sub-Commission and other relevant
bodies and procedures of the United Nations, in accordance with their respective mandates;
16. Invites the Chairperson of the sixty-first session of the Commission to address the
Sub-Commission at the opening meeting of its fifty-seventh session and to inform it about the
present resolution and the debate that took place on this subject at the sixty-first session of the
Commission under agenda item 16;
17. Invites the Chairperson of the fifty-seventh session of the Sub-Commission to
report to the Commission at its sixty-second session, including an assessment of how recent
enhancements of the effectiveness of the Sub-Commission and of its mechanisms have worked
in practice;
18. Decides to consider the issue of the work of the Sub-Commission at its
sixty-second session under the relevant agenda item.
58th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVI, paras. 502 to 505.]

2005/54. Enhancement of international cooperation in the field of human rights
The Commission on Human Rights,
Bearing in mind that among the purposes of the United Nations are those of developing
friendly relations among nations based on respect for the principle of equal rights and self
determination of peoples and taking other appropriate measures to strengthen universal peace, as
well as achieving 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 the adoption of the United Nations Millennium Declaration by the
General Assembly on 8 September 2000 and its own resolution 2004/63 of 21 April 2004 on
the enhancement of international cooperation in the field of human rights,
Recalling also General Assembly resolution 54/113 of 10 December 1999 on the
United Nations Year of Dialogue among Civilizations and the proclamation of the Global
Agenda for Dialogue among Civilizations by the Assembly in its resolution 56/6
of 9 November 2001,
Recalling further the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance held at Durban, South Africa, from 31 August
to 8 September 2001, as well as other relevant international human rights conferences and
their role in the enhancement of international cooperation in the field of human rights,
Reaffirming its commitment to promoting international cooperation, as set forth in the
Charter of the United Nations, in particular Article 1, paragraph 3, as well as relevant provisions
of the Vienna Declaration and Programme of Action adopted by the World Conference on
Human Rights on 25 June 1993 (A/CONF.157/23), for enhancing genuine cooperation among
Member States in the field of human rights,
Emphasizing that the enhancement of international cooperation in the field of human
rights is essential for the full achievement of the purposes of the United Nations, including the
effective promotion and protection of all human rights,
Underlining that tolerance and respect for diversity and the universal promotion and
protection of human rights are mutually supportive, and recognizing that tolerance and respect
for diversity effectively promote and are supported by, inter alia, the fight against all kinds of
racism, racial discrimination, xenophobia and intolerance, and the empowerment of women,
Reaffirming that dialogue among and within religions, cultures and civilizations,
including in the field of human rights, could facilitate the promotion of a culture of tolerance and
respect for diversity and contributes greatly to the enhancement of international cooperation in
this field,
Bearing in mind the valuable contribution that dialogue among civilizations can make to
an improved awareness and understanding of the common values shared by all humankind,

Emphasizing the need for the promotion and protection of all human rights to be guided
by the principles of impartiality, objectivity and non-selectivity, in the spirit of constructive
international dialogue and cooperation,
Underlining that mutual understanding, dialogue, cooperation, transparency and
confidence-building are important elements in all the activities for the promotion and protection
of human rights,
Reaffirming the importance of the enhancement of international cooperation and equal
participation of all States in promoting and encouraging respect for human rights and in
responding to human rights challenges through the strengthening of existing international human
rights mechanisms,
Reaffirming also that political considerations should not undermine the proper
functioning of international human rights mechanisms and the effective fulfilment of their
mandates in the promotion and protection of human rights,
Expressing its conviction that an unbiased and fair approach to human rights issues
contributes to the promotion of international cooperation as well as to the effective promotion,
protection and realization of human rights and fundamental freedoms,
Bearing in mind that all human rights, including the right to development, are universal,
indivisible, interdependent and interrelated, and thus should be treated equally in the course of
international cooperation,
1. Reaffirms that it is one of the purposes of the United Nations and the
responsibility of all Member States to promote, protect and encourage respect for human rights
and fundamental freedoms through, inter alia, international cooperation;
2. Considers that international cooperation in this field, in conformity with the
purposes and principles set out in the Charter of the United Nations and international law, should
make an effective and practical contribution to the urgent task of preventing violations of human
rights and of fundamental freedoms for all;
3. Reaffirms that the promotion, protection and full realization of all human rights
and fundamental freedoms should be guided by the principles of universality, non-selectivity,
impartiality, objectivity and transparency, in a manner consistent with the purposes and
principles of the Charter and should not be used for political ends;
4. Recognizes that, in addition to their separate responsibilities to their individual
societies, States have a collective responsibility to uphold the principles of human dignity,
equality and equity at the global level;
5. Urges all actors on the international scene to build an international order based on
inclusion, justice, equality and equity, human dignity, mutual understanding and promotion of
and respect for cultural diversity and universal human rights, and to reject all doctrines of
exclusion based on racism, racial discrimination, xenophobia and related intolerance;

6. Calls upon Member States, specialized agencies and intergovernmental
organizations to continue to carry out a constructive dialogue and consultations for the
enhancement of understanding and the promotion and protection of all human rights and
fundamental freedoms, and encourages non-governmental organizations to contribute actively to
this endeavour;
7. Invites States and relevant United Nations human rights mechanisms and
procedures as well as relevant regional and multilateral organizations to continue to pay attention
to the importance of mutual cooperation, understanding and dialogue in ensuring the promotion
and protection of all human rights;
8. Decides to continue its consideration of this question, as a matter of priority, at its
sixty-second session.
58th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 516 and 517.]
2005/55. Human rights and international solidarity
The Commission on Human Rights,
Underlining that the processes of promoting and protecting human rights should be
conducted in conformity with the purposes and principles of the Charter of the United Nations
and international law,
Reaffirming that democracy, development and respect for human rights and fundamental
freedoms are interdependent and mutually reinforcing,
Recalling that at the World Conference on Human Rights, held in June 1993, States
pledged to cooperate with each other in ensuring development and eliminating obstacles to
development, and stressed that the international community should promote effective
international cooperation for the realization of the right to development and the elimination of
obstacles to development,
Reaffirming that article 4 of the Declaration on the Right to Development states that
sustained action is required to promote more rapid development of developing countries and, as a
complement to the efforts of developing countries, effective international cooperation is essential
in providing these countries with appropriate means and facilities to foster their comprehensive
development,
Taking into account that article 2 of the International Covenant on Economic, Social and
Cultural Rights states that each State party to the Covenant undertakes to take steps, individually
and through international assistance and cooperation, especially economic and technical, to the

maximum of its available resources, with a view to achieving progressively the full realization of
the rights recognized in the Covenant by all appropriate means, including particularly the
adoption of legislative measures,
Persuaded that social development can be promoted by peaceful coexistence, friendly
relations and cooperation among States with different social, economic or political systems,
Reaffirming that the widening gap between the economically developed and developing
countries is unsustainable and that it impedes the realization of human rights in the international
community, and makes it all the more imperative for every nation, according to its capacities, to
make the maximum possible effort to close this gap,
Expressing concern at the fact that the immense benefits resulting from the process of
globalization and economic interdependence have not reached all countries, communities and
individuals, and at the increasing marginalization from their benefits of several countries,
particularly the least developed and the African countries,
Expressing its deep concern over the number and scale of natural disasters, diseases and
agricultural pests and their increasing impact in recent years, which have resulted in a massive
loss of life and long-term negative social, economic and environmental consequences for
vulnerable societies throughout the world, in particular in developing countries,
Reaffirming the crucial importance of increasing the resources allocated for official
development assistance, and recalling the pledge of the industrialized countries to allocate
0.7 per cent of their gross national product for official development assistance,
Recognizing the need for new and additional resources to finance the development
programmes of developing countries,
Determined to take new steps forward in the commitment of the international community
with a view to achieving substantial progress in human rights endeavours by an increased and
sustained effort of international cooperation and solidarity,
Welcoming the solidarity and humanity expressed by the international community to the
victims and the Governments of those States that suffered huge losses of life and socio-economic
and environmental damage from the unprecedented tsunami disaster that struck the Indian Ocean
and South-East Asian regions on 26 December 2004,
Asserting the necessity for establishing new, equitable and global links of partnership and
intra-generational solidarity, and for promoting intergenerational solidarity for the perpetuation
of humankind,
Recognizing that the attention paid to the importance of international solidarity as a vital
component of the efforts of developing countries towards the realization of the right to
development of their peoples and the promotion of the full enjoyment of economic, social and
cultural rights by everyone has been insufficient,

Resolved to strive to ensure that the present generations are fully aware of their
responsibilities towards future generations, and that a better world is possible for present and
future generations,
1. Reaffirms the interdependence between the concepts of democracy, development,
and respect for human rights and fundamental freedoms;
2. Welcomes the recognition set forth in the declaration adopted by the Heads of
State and Government at the Millennium Summit of the United Nations of the fundamental value
of solidarity to international relations in the twenty-first century, in stating that global challenges
must be managed in a way that distributes costs and burdens fairly, in accordance with basic
principles of equity and social justice, and that those who suffer, or who benefit least, deserve
help from those who benefit most;
3. Expresses its determination to contribute towards the solution of current world
problems through increased international cooperation, to create such conditions as will ensure
that the needs and interests of future generations are not jeopardized by the burden of the past,
and to hand on a better world to future generations;
4. Urges the international community to consider urgently concrete measures to
promote and consolidate international assistance to developing countries in their endeavours for
development and for the promotion of conditions that make possible the full realization of all
human rights;
5. Recognizes that the so-called third-generation rights closely interrelated to the
fundamental value of solidarity need further progressive development within the United Nations
human rights machinery in order to be able to respond to the increasing challenges of
international cooperation in this field;
6. Decides, taking into account the urgent need to further develop guidelines,
standards, norms and principles with a view to promoting and protecting rights closely
interrelated to the fundamental value of solidarity, to appoint an independent expert on human
rights and international solidarity for a period of three years;
7. Requests the independent expert to study the issue and prepare a draft declaration
on the right of peoples to international solidarity;
8. Also requests the independent expert to take into account the outcomes of all
major United Nations and other global summits and ministerial meetings in the economic and
social fields and to seek views and contributions from Governments, United Nations agencies,
other relevant international organizations and non-governmental organizations in the discharge
of his/her mandate;
9. Further requests the independent expert to report annually to the Commission on
the progress made in the fulfilment of his/her mandate;
10. Decides to continue its examination of this issue at the sixty-second session under
the same agenda item;

11. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 17.]
58th meeting
20 April 2005
[Resolution adopted by a recorded vote of 37 votes to 15, with 1 abstention.
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, India, Indonesia,
Kenya, Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Russian Federation, Saudi Arabia,
South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of
America.
Abstaining: Qatar.
See chap. XVII, paras. 518 to 522.]
2005/56. Promotion of peace as a vital requirement for the full enjoyment of all
human rights by all
The Commission on Human Rights,
Recalling all previous resolutions on this issue,
Recalling also resolutions 1996/16 of 29 August 1996 and 1997/36 of 28 August 1997 of
the Sub-Commission on the Promotion and Protection of Human Rights, entitled International
peace and security as an essential condition for the enjoyment of human rights, above all the
right to life,
Noting General Assembly resolution 39/11 of 12 November 1984, entitled Declaration
of the Right of Peoples to Peace, and the United Nations Millennium Declaration,
Determined to foster strict respect for the purposes and principles enshrined in the
Charter of the United Nations,
Bearing in mind that 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 and for fundamental
freedoms for all without distinction as to race, sex, language, or religion,
Underlining, in accordance with the purposes and principles of the United Nations, its
full and active support for the United Nations and for the enhancement of its role and
effectiveness in strengthening international peace, security and justice and in promoting the
solution of international problems, as well as the development of friendly relations and
cooperation among States,

Reaffirming the obligation of all States to settle their international disputes by peaceful
means in such a manner that international peace and security, and justice are not endangered,
Emphasizing its objective of promoting better relations among all States and contributing
to setting up conditions in which their people can live in true and lasting peace, free from any
threat to or attempt against their security,
Reaffirming the obligation of all States to refrain in their international relations from the
threat or use of force against the territorial integrity or political independence of any State, or in
any other manner inconsistent with the purposes of the United Nations,
Reaffirming also its commitment to peace, security and justice and the continuing
development of friendly relations and cooperation among States,
Rejecting the use of violence in pursuit of political aims and stressing that only peaceful
political solutions can assure a stable and democratic future for all peoples around the world,
Reaffirming the importance of ensuring respect for the principles of sovereignty,
territorial integrity and political independence of States and non-intervention in matters which
are essentially within the domestic jurisdiction of any State, in accordance with the Charter and
international law,
Also reaffirming that all peoples have the right to self-determination, by virtue of which
they freely determine their political status and freely pursue their economic, social and cultural
development,
Further reaffirming the Declaration on Principles of International Law concerning
Friendly Relations and Cooperation among States in accordance with the Charter of the
United Nations,
Recognizing that peace and development are mutually reinforcing, including in the
prevention of armed conflict,
Affirming that human rights include social, economic and cultural rights and the right to
peace, a healthy environment and development, and that development is in fact the realization of
these rights,
Underlining that the subjection of peoples to alien subjugation, domination and
exploitation constitutes a denial of fundamental rights, is contrary to the Charter and is an
impediment to the promotion of world peace and cooperation,
Recalling that everyone is entitled to a social and international order in which the rights
and freedoms set forth in the Universal Declaration of Human Rights can be fully realized,
Convinced of the aim of creating conditions of stability and well-being which are
necessary for peaceful and friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples,

Also convinced that life without war is the primary international prerequisite for the
material well-being, development and progress of countries, and for the full implementation of
the rights and fundamental human freedoms proclaimed by the United Nations,
Further convinced that international cooperation in the field of human rights contributes
to creating an international environment of peace and stability,
1. Stresses that peace is a vital requirement for the promotion and protection of all
human rights for all;
2. Also stresses that the deep fault line that divides human society between the rich
and the poor, and the ever-increasing gap between the developed and developing worlds pose a
major threat to global prosperity, security and stability;
3. Solemnly declares that the peoples of our planet have a sacred right to peace;
4. Also solemnly declares that the preservation of peace and its promotion constitute
a fundamental obligation of each State;
5. Emphasizes that the preservation of peace and its promotion demand that the
policies of States be directed towards the elimination of the threat of war, particularly nuclear
war, the renunciation of the use or threat of use of force in international relations and the
settlement of international disputes by peaceful means on the basis of the Charter of the
United Nations;
6. Affirms that all States should promote the establishment, maintenance and
strengthening of international peace and security and an international system based on respect of
the principles enshrined in the Charter and the promotion of all human rights and fundamental
freedoms, including the right to development and the right of peoples to self-determination;
7. Urges all States to respect and to put into practice the principles and purposes of
the Charter in their relations with all other States, irrespective of their political, economic or
social systems, as well as of their size, geographical location or level of economic development;
8. Reaffirms the duty of all States, in accordance with the principles of the Charter,
to use peaceful means to settle any dispute to which they are parties and the continuance of
which is likely to endanger the maintenance of international peace and security, and encourages
States to settle their disputes as early as possible, as a vital requirement for the promotion and
protection of all human rights of everyone and all peoples;
9. Calls upon the United Nations High Commissioner for Human Rights to carry out
a constructive dialogue and consultations with Member States, specialized agencies and
intergovernmental organizations on how the Commission on Human Rights could work for the
promotion of an international environment conducive to the full realization of the right of
peoples to peace, and encourages non-governmental organizations to contribute actively to this
endeavour;
10. Invites States and relevant United Nations human rights mechanisms and
procedures to continue to pay attention to the importance of mutual cooperation, understanding
and dialogue in ensuring the promotion and protection of all human rights;

11. Decides to continue considering the issue at its sixty-second session under the
same agenda item.
58th meeting
20 April 2005
[Resolution adopted by a recorded vote of 32 votes to 15, with 6 abstentions, as follows:
In favour: Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Dominican Republic, Ecuador, Egypt,
Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Indonesia, Kenya, Malaysia, Mauritania, Nepal, Nigeria, Pakistan,
Paraguay, Peru, Qatar, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo,
Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of
America.
Abstaining: Argentina, Armenia, Costa Rica, Honduras, India, Mexico.
See chap. XVII, paras. 523 to 526.]
2005/57. Promotion of a democratic and equitable international order
The Commission on Human Rights,
Recalling all previous resolutions of the General Assembly and the Commission on
this issue,
Reaffirming the commitment of all States to fulfil their obligations to promote universal
respect for, and observance and protection of, all human rights and fundamental freedoms for all
in accordance with the Charter of the United Nations, other instruments relating to human rights,
and international law,
Affirming that the enhancement of international cooperation for the promotion and
protection of all human rights should continue to be carried out in full conformity with the
purposes and principles of the Charter and international law, as set forth in Articles 1 and 2
of the Charter, and, inter alia, with full respect for sovereignty, territorial integrity, political
independence, the non-use of force or the threat of force in international relations and
non-intervention in matters that are essentially within the domestic jurisdiction of any State,
Recalling the Preamble to the Charter, in particular the determination to reaffirm faith in
fundamental human rights, in the dignity and worth of the human person, and in the equal rights
of men and women and of nations large and small,
Reaffirming that everyone is entitled to a social and international order in which the
rights and freedoms set forth in the Universal Declaration of Human Rights can be fully realized,
Reaffirming also the determination expressed in the Preamble to the Charter to save
succeeding generations from the scourge of war, to establish conditions under which justice and
respect for obligations arising from treaties and other sources of international law can be
maintained, to promote social progress and better standards of life in larger freedom, to practice
tolerance and good neighbourliness and to employ international machinery for the promotion of
the economic and social advancement of all peoples,

Stressing that the responsibility for managing worldwide economic and social
development, as well as threats to international peace and security, must be shared among the
nations of the world and should be exercised multilaterally, and that in this regard the central role
must be played by the United Nations, as the most universal and representative organization in
the world,
Emphasizing that the effective implementation of the outcomes of the United Nations
Millennium Summit and of other major United Nations summits and conferences will require
political will to implement the commitments undertaken, in particular in making available the
means for implementation,
Considering the major changes taking place on the international scene and the aspirations
of all peoples for an international order based on the principles enshrined in the Charter,
including promoting and encouraging respect for human rights and fundamental freedoms for all
and respect for the principle of equal rights and self-determination of peoples, peace, democracy,
justice, equality, the rule of law at the national and international levels, pluralism, development,
better standards of living and international solidarity,
Considering also that the Universal Declaration of Human Rights proclaims that all
human beings are born free and equal in dignity and rights and that everyone is entitled to all
the rights and freedoms set out therein, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or
other status,
Reaffirming that democracy, development and respect for human rights and fundamental
freedoms are interdependent and mutually reinforcing, and that democracy is based on the freely
expressed will of the people to determine their own political, economic, social and cultural
systems and their full participation in all aspects of their lives,
Emphasizing that democracy is not only a political concept but also has economic and
social dimensions,
Recognizing that democracy, respect for all human rights, including the right to
development, transparent and accountable governance and administration in all sectors of
society, and effective participation by civil society are an essential part of the necessary
foundations for the realization of social and people-centred sustainable development,
Taking into account that, without accelerated progress towards education for all, national
and internationally agreed targets for poverty reduction will not be achieved and inequalities
between countries and within societies will widen,
Recognizing that the international community should promote effective international
cooperation, as well as equitable economic relations and a favourable economic environment at
the international level, for the realization of the right to development and the elimination of
obstacles to development,
Reaffirming the crucial importance of increasing the resources allocated for official
development assistance, and recalling the pledge of the industrialized countries to allocate
0.7 per cent of their gross national product for official development assistance,

Reaffirming also the importance of good governance at the international level through
democratization and transparency and accountability in international economic and financial
decision-making in all forums and at all levels with the full and effective participation of all
countries,
Noting with concern that racism, racial discrimination, xenophobia and related
intolerance may be aggravated by, inter alia, inequitable distribution of wealth, marginalization
and social exclusion,
Underlining that it is an imperative for the international community to ensure that
globalization becomes a positive force for all the worlds people, and that only through broad
and sustained efforts, including policies and measures at the international levels that correspond
to the needs of developing countries, can globalization be made fully inclusive and equitable,
Stressing that efforts to make globalization fully inclusive and equitable must include
policies and measures at the global level that correspond to the needs of developing countries
and economies in transition and are formulated and implemented with their effective
participation,
Having listened to the peoples of the world and recognizing their aspirations to justice,
to equality of opportunity for all and everyone, and to the enjoyment of their human rights,
including the right to development, to live in peace and freedom and to equal participation
without discrimination in economic, social, cultural, civil and political life,
Resolved to take all measures within its power to secure a democratic and equitable
international order,
1. Affirms that everyone and every people have the right to a democratic and
equitable international order;
2. Also affirms that a democratic and equitable international order fosters the full
realization of all human rights for all;
3. Calls upon all Member States to fulfil their commitment expressed in
September 2001 in Durban, South Africa, during the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance to maximize the benefits of globalization
through, inter alia, the strengthening and enhancement of international cooperation to increase
quality of opportunities for trade, economic growth and sustainable development, global
communications through the use of new technologies and increased intercultural exchange
through the preservation and promotion of cultural diversity, and reiterates that only through
broad and sustained efforts to create a shared future based upon our common humanity, and all
its diversity, can globalization be made fully inclusive and equitable;
4. Affirms that a democratic and equitable international order requires, inter alia, the
realization of the following:
(a) The right of all peoples to self-determination, by virtue of which they can freely
determine their political status and freely pursue their economic, social and cultural
development;

(b) The right of peoples and nations to permanent sovereignty over their natural
wealth and resources;
(c) The right of every human person and all peoples to development, as a universal
and inalienable right and an integral part of fundamental human rights;
(d) The right of all peoples to peace;
(e) The right to an international economic order based on equal participation in the
decision-making process, interdependence, mutual interest, international solidarity and
cooperation among all States;
(f) International solidarity, as a fundamental value by virtue of which global
challenges must be managed in a way that distributes the costs and burdens fairly in accordance
with basic principles of equity and social justice, ensuring that those who suffer or who benefit
least receive help from those who benefit most;
(g) The promotion and consolidation of transparent, democratic, just and accountable
international institutions in all areas of cooperation, in particular through the implementation of
the principles of full and equal participation in their respective decision-making mechanisms;
(h) The right to equitable participation of all, without any discrimination, in domestic
as well as global decision-making;
(i) The principle of equitable regional and gender-balanced representation in the
composition of the staff of the United Nations system;
(j) The promotion of a free, just, effective and balanced international information and
communication order, based on international cooperation for the establishment of a new
equilibrium and greater reciprocity in the international flow of information, in particular
correcting the inequalities in the flow of information to and from developing countries;
(k) The promotion of an inclusive global information society directed towards
bridging the digital divide, promoting access to information and communication technologies,
creating digital opportunities, and benefiting from the potential offered by these technologies;
(l) Respect for cultural diversity and the cultural rights of all, since this enhances
cultural pluralism, dialogue among civilizations, contributes to a wider exchange of knowledge
and understanding of cultural backgrounds, advances the application and enjoyment of
universally accepted human rights across the world and fosters stable, friendly relations among
peoples and nations worldwide;
(m) The right of every person and all peoples to a healthy environment;
(n) The promotion of equitable access to benefits from the international distribution
of wealth through enhanced international cooperation, in particular in international economic,
commercial and financial relations;
(o) The enjoyment by everyone of ownership of the common heritage of mankind in
connection to a public right of access to culture;

5. Stresses the importance of preserving the rich and diverse nature of the
international community of nations and peoples, as well as respect for national and regional
particularities and various historical, cultural and religious backgrounds, in the enhancement of
international cooperation in the field of human rights;
6. Also stresses that all human rights are universal, indivisible, interdependent and
interrelated and that the international community must treat human rights globally in a fair and
equal manner, on the same footing and with the same emphasis, and reaffirms that while the
significance of national and regional particularities and various historical, cultural and religious
backgrounds must be borne in mind, it is the duty of States, regardless of their political,
economic and cultural systems, to promote and protect all human rights and fundamental
freedoms;
7. Urges all actors on the international scene to build an international order
based on inclusion, justice, peace, equality and equity, human dignity, mutual understanding
and promotion of and respect for cultural diversity and universal human rights, and to reject
all doctrines of exclusion based on racism, racial discrimination, xenophobia and related
intolerance;
8. Appeals to all Governments to step up their efforts to eradicate illiteracy and to
direct education towards the full development of the human personality and to the strengthening
of respect for all human rights and fundamental freedoms;
9. Expresses its rejection of unilateralism and stresses its commitment to
multilateralism and multilaterally agreed solutions, in accordance with the Charter of the
United Nations and international law, as the only reasonable method of addressing international
problems;
10. Recalls the proclamation by the General Assembly of its determination to work
urgently for the establishment of an international economic order based on equity, sovereign
equality, interdependence, common interest and cooperation among all States, irrespective of
their economic and social systems, which shall correct inequalities and redress existing
injustices, make it possible to eliminate the widening gap between the developed and the
developing countries, and ensure steadily accelerating economic and social development and
peace and justice for present and future generations;
11. Reaffirms that the international community should devise ways and means to
remove current obstacles and meet the challenges to the full realization of all human rights and
to prevent the continuation of human rights violations resulting there from throughout the world;
12. Urges States to continue their efforts, through enhanced international cooperation,
towards the establishment of a democratic and equitable international order;
13. Requests the human rights treaty bodies, the Office of the United Nations
High Commissioner for Human Rights and the mechanisms of the Commission and the
Sub-Commission on the Promotion and Protection of Human Rights to pay due attention,
within their respective mandates, to the present resolution and to make contributions towards
its implementation;

14. Requests the Secretary-General to bring the present resolution to the attention
of Member States, United Nations organs, bodies and components, intergovernmental
organizations, in particular the Bretton Woods institutions, and non-governmental organizations
and to disseminate it on the widest possible basis;
15. Decides to continue consideration of the matter at its sixty-second session under
the same agenda item.
58th meeting
20 April 2005
[Resolution adopted by a recorded vote of 32 votes to 15, with 6 abstentions, as follows:
In favour: Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Dominican Republic, Ecuador, Egypt,
Eritrea, Ethiopia, Gabon, Guatemala, Guinea, India, Indonesia, Kenya, Malaysia, Mauritania, Nepal, Nigeria,
Pakistan, Paraguay, Qatar, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo,
Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Argentina, Armenia, Costa Rica, Honduras, Mexico, Peru.
See chap. XVII, paras. 527 to 530.]
2005/58. Development of public information activities in the field of human rights,
including the World Public Information Campaign on Human Rights
The Commission on Human Rights,
Recalling its resolution 2003/62 of 24 April 2003,
Reaffirming that activities to improve public knowledge in the field of human rights are
essential to the fulfilment of the purposes and principles of the United Nations set out in
Article 1, paragraph 3, of the Charter of the United Nations, and that carefully designed
programmes of teaching, education and information are essential to the achievement of lasting
respect for human rights and fundamental freedoms,
Bearing in mind General Assembly resolution 926 (X) of 14 December 1955, in which
the Assembly established the United Nations programme of advisory services in the field of
human rights with a view to supporting, inter alia, national capacities for human rights education
and public information,
Recalling General Assembly resolution 43/128 of 8 December 1988, by which the
Assembly launched the World Public Information Campaign on Human Rights, and other
Assembly resolutions and its own resolutions on this subject,
Noting General Assembly resolution 59/113 of 10 December 2004, in which the
Assembly proclaimed the World Programme for Human Rights Education, structured in
consecutive phases, to begin on 1 January 2005, in order to advance the implementation of
human rights education programmes in all sectors,

Mindful of the fact that the United Nations High Commissioner for Human Rights, in
accordance with her mandate as established by General Assembly resolution 48/141
of 20 December 1993, is responsible, inter alia, for the provision of advisory services and
technical cooperation at the request of States, as well as for the coordination of United Nations
education and public information programmes in the field of human rights,
Recognizing the significant effect of United Nations initiatives on public information
activities in the field of human rights, in particular those undertaken by the Office of the
United Nations High Commissioner for Human Rights, particularly its field offices, and by the
Department of Public Information of the Secretariat, and recognizing also the key role that
United Nations country teams can play in this regard,
Welcoming the increased efforts undertaken by the Office of the High Commissioner to
disseminate human rights information through its website,* its publications and its external
relations programmes, and welcoming also the efforts of the Department of Public Information
with respect to the provision of computer-accessible information on human rights,
Noting the valuable role that non-governmental organizations can play in this endeavour,
1. Takes note with appreciation of the report of the Secretary-General on the
development of public information activities in the field of human rights, including the World
Public Information Campaign on Human Rights (E/CN.4/2005/92);
2. Also takes note with appreciation of the report of the United Nations
High Commissioner for Human Rights on progress made towards the implementation of
Commission resolution 2004/71 on the follow-up to the United Nations Decade for
Human Rights Education, 1995-2004, including the proclamation of the World Programme
on Human Rights Education (E/CN.4/2005/98);
3. Encourages the Office of the High Commissioner, within existing overall
United Nations resources, through its programme of advisory services and technical cooperation
in the field of human rights, and other international and regional intergovernmental organizations
to develop targeted training manuals for professional audiences, as well as training programmes
and handbooks for human rights field officers and for human rights field monitors, and to
continue to support, inter alia, national capacities for human rights education and public
information, with specific attention to womens human rights;
4. Urges the Department of Public Information, in cooperation with the Office of the
High Commissioner, to continue, within existing overall United Nations resources, to utilize
fully and effectively the United Nations information centres, including the regional information
centres and United Nations field presences, particularly those of the Office of the High
Commissioner, for the purpose of disseminating, within their designated areas of activity, basic
information and reference materials on human rights and fundamental freedoms in the official
languages of the United Nations and in the relevant national and local languages;
* http://www.ohchr.org.

5. Stresses the importance of an effective and comprehensive international strategy
to increase public awareness of human rights through the media and, in particular, to improve
effective media strategies;
6. Welcomes the Declaration of Principles and the Plan of Action adopted at the first
phase of the World Summit on the Information Society with the aim of better promoting the
goals of the United Nations Millennium Declaration;
7. Calls upon Governments, in accordance with their national conditions, to accord
priority to the dissemination in their relevant national and local languages of the Universal
Declaration of Human Rights, the International Covenants on Human Rights and other human
rights instruments, human rights materials and training manuals, as well as reports of States
parties under the human rights treaties, and to provide training, education and information in
those languages on the practical ways in which national and international institutions and
procedures may be utilized to ensure the effective implementation of those instruments;
8. Invites all Governments to consider the revised draft plan of action for the first
phase (2005-2007) of the World Programme for Human Rights Education (A/59/525/Rev.1) with
a view to its prompt adoption by the General Assembly and subsequent dissemination and
implementation, inter alia through public information activities, in consultation with national
human rights institutions and relevant non-governmental organizations, as well as with the
assistance of relevant organs, bodies and agencies of the United Nations system and other
international and regional intergovernmental and non-governmental organizations;
9. Encourages Governments to contribute to the further development of the website
of the Office of the High Commissioner for Human Rights, in particular with respect to the
dissemination of human rights education and training materials and tools, and to continue to
favour the expansion, within existing overall United Nations resources, of public information
activities of the Office;
10. Also encourages Governments, regional organizations and intergovernmental and
non-governmental organizations to explore the potential support and contribution to human
rights education and public information by all relevant partners, including the private sector,
development, trade and financial institutions and the media, and to seek their cooperation in the
development of human rights education and public information strategies;
11. Requests the Secretary-General to make available adequate resources from
within the regular budget of the United Nations in order to allow the Office of the
High Commissioner and the Department of Public Information to implement fully their
respective programmes;
12. Also requests the Secretary-General to submit, from within existing
overall United Nations resources, to the Commission at its sixty-third session a report on
public information activities in the field of human rights, including those undertaken by
relevant United Nations field presences, particularly those of the Office of the High
Commissioner;

13. Decides to continue its consideration of this question at its sixty-third session
under the same agenda item, in connection with the World Programme for Human Rights
Education.
58th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 531 to 533.]
2005/59. The question of the death penalty
The Commission on Human Rights,
Recalling article 3 of the Universal Declaration of Human Rights, which affirms the
right of everyone to life, convinced that the abolition of the death penalty is essential for the
protection of this right and recalling article 6 of the International Covenant on Civil and Political
Rights and articles 6 and 37 (a) of the Convention on the Rights of the Child,
Taking note that the Second Optional Protocol to the International Covenant on Civil and
Political Rights provides that no one within the jurisdiction of a State party shall be executed and
that each State party shall take all necessary measures to abolish the death penalty within its
jurisdiction,
Recalling the entry into force, on 1 July 2003, of Protocol No. 13 to the Convention for
the Protection of Human Rights and Fundamental Freedoms (European Convention on Human
Rights), concerning the abolition of the death penalty in all circumstances,
Recalling also its previous resolutions in which it expressed its conviction that the
abolition of the death penalty contributes to the enhancement of human dignity and to the
progressive development of human rights,
Welcoming the exclusion of capital punishment from the penalties that the International
Criminal Tribunal for the Former Yugoslavia, the International Tribunal for Rwanda and the
International Criminal Court are authorized to impose,
Welcoming also the abolition of the death penalty in some States since the last session
of the Commission and decisions taken in other States that restrict the use of the death penalty,
inter alia through excluding certain categories of persons or offences from its application,
Commending States that have recently acceded to the Second Optional Protocol to the
International Covenant on Civil and Political Rights,
Welcoming the fact that many countries that still retain the death penalty in their
penal legislation are applying a moratorium on executions, and also welcoming the regional
initiatives aimed at the establishment of a moratorium on executions and the abolition of the
death penalty,

Reaffirming the safeguards guaranteeing protection of the rights of those facing the
death penalty, set out in the annex to Economic and Social Council resolution 1984/50 of
25 May 1984, and the provisions regarding the implementation of the guidelines contained in
Council resolutions 1989/64 of 24 May 1989 and 1996/15 of 23 July 1996,
Reaffirming also resolution 2000/17 of 17 August 2000 of the Sub-Commission on the
Promotion and Protection of Human Rights on international law and the imposition of the death
penalty on those aged under 18 at the time of the commission of the offence,
Deeply concerned about the recent lifting of moratoriums on executions in several
countries,
Noting the consideration of issues relating to the question of the death penalty by the
Human Rights Committee,
Welcoming the efforts of various sectors of civil society at the national and international
levels to achieve the abolition of the death penalty,
1. Expresses its concern at the continuing use of the death penalty around the world,
alarmed in particular at its application after trials that do not conform to international standards
of fairness and that several countries impose the death penalty in disregard of the limitations set
out in the International Covenant on Civil and Political Rights and the Convention on the Rights
of the Child and of the safeguards guaranteeing protection of the rights of those facing the death
penalty;
2. Condemns the continuing application of the death penalty on the basis of any
discriminatory legislation, policies or practices;
3. Condemns also cases in which women are subjected to the death penalty on the
basis of gender-discriminatory legislation, policies or practices and the disproportionate use of
the death penalty against persons belonging to national or ethnic, religious and linguistic
minorities;
4. Welcomes the seventh quinquennial report of the Secretary-General on capital
punishment and implementation of the safeguards guaranteeing protection of the rights of those
facing the death penalty (E/2005/3), submitted in accordance with Economic and Social Council
resolutions 1745 (LIV) of 16 May 1973, 1995/57 of 28 July 1995 and Council decision 2004/242
of 21 July 2004, which concludes that there is an encouraging trend towards the abolition and
restriction of the use of the death penalty in most countries, but that much remains to be done in
the implementation of the aforementioned safeguards in those countries that retain it;
5. Calls upon all States that still maintain the death penalty:
(a) To abolish the death penalty completely and, in the meantime, to establish a
moratorium on executions;
(b) Progressively to restrict the number of offences for which the death penalty may
be imposed and, at the least, not to extend its application to crimes to which it does not at present
apply;

(c) To make available to the public information with regard to the imposition of the
death penalty and to any scheduled execution;
(d) To provide to the Secretary-General and relevant United Nations bodies
information relating to the use of capital punishment and the observance of the safeguards
guaranteeing protection of the rights of those facing the death penalty;
6. Calls upon all States parties to the International Covenant on Civil and Political
Rights that have not yet done so to consider acceding to or ratifying the Second Optional
Protocol to the Covenant, aiming at the abolition of the death penalty;
7. Urges all States that still maintain the death penalty:
(a) Not to impose it for crimes committed by persons below 18 years of age;
(b) To exclude pregnant women and mothers with dependent infants from capital
punishment;
(c) Not to impose the death penalty on a person suffering from any mental or
intellectual disabilities or to execute any such person;
(d) Not to impose the death penalty for any but the most serious crimes and
only pursuant to a final judgement rendered by an independent and impartial competent
court, and to ensure the right to a fair trial and the right to seek pardon or commutation of
sentence;
(e) To ensure that all legal proceedings, including those before special tribunals or
jurisdictions, and particularly those related to capital offences, conform to the minimum
procedural guarantees contained in article 14 of the International Covenant on Civil and
Political Rights;
(f) To ensure also that the notion of most serious crimes does not go beyond
intentional crimes with lethal or extremely grave consequences and that the death penalty is not
imposed for non-violent acts such as financial crimes, religious practice or expression of
conscience and sexual relations between consenting adults, nor as a mandatory sentence;
(g) To withdraw and/or not to enter any new reservations under article 6 of the
Covenant that may be contrary to the object and purpose of the Covenant, given that article 6
enshrines the minimum rules for the protection of the right to life and the generally accepted
standards in this area;
(h) To observe the safeguards guaranteeing protection of the rights of those facing the
death penalty and to comply fully with their international obligations, in particular with those
under article 36 of the Vienna Convention on Consular Relations, particularly the right to receive
information on consular assistance within the context of a legal procedure, as affirmed by the
jurisprudence of the International Court of Justice and confirmed in recent relevant judgements;

(i) To ensure that, where capital punishment occurs, it shall be carried out so as to
inflict the minimum possible suffering and shall not be carried out in public or in any other
degrading manner, and to ensure that any application of particularly cruel or inhuman means of
execution, such as stoning, be stopped immediately;
(j) Not to execute any person as long as any related legal procedure, at the
international or at the national level, is pending;
8. Calls upon States that no longer apply the death penalty but maintain it in their
legislation to abolish it;
9. Calls upon States that have recently lifted or announced the lifting de facto or
de jure of moratoriums on executions once again to commit themselves to suspend such
executions;
10. Requests States that have received a request for extradition on a capital
charge to reserve explicitly the right to refuse extradition in the absence of effective assurances
from relevant authorities of the requesting State that the death penalty will not be carried out,
and calls upon States to provide such effective assurances if requested to do so, and to respect
them;
11. Requests the Secretary-General to submit to the Commission at its sixty-second
session, in consultation with Governments, specialized agencies and intergovernmental and
non-governmental organizations, a yearly supplement to his quinquennial report on capital
punishment and implementation of the safeguards guaranteeing protection of the rights of those
facing the death penalty, paying special attention to the imposition of the death penalty on
persons younger than 18 years of age at the time of the offence and on persons suffering from
any mental or intellectual disabilities;
12. Decides to continue consideration of the matter at its sixty-second session under
the same agenda item.
58th meeting
20 April 2005
[Resolution adopted by a recorded vote of 26 votes to 17, with 10 abstentions, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Canada, Costa Rica, Dominican Republic,
Ecuador, Finland, France, Germany, Honduras, Hungary, Ireland, Italy, Mexico, Nepal, Netherlands,
Paraguay, Peru, Romania, Russian Federation, South Africa, Ukraine, United Kingdom of Great Britain and
Northern Ireland.
Against: China, Egypt, Eritrea, Ethiopia, Guinea, Indonesia, Japan, Malaysia, Mauritania, Pakistan,
Qatar, Saudi Arabia, Sudan, Swaziland, Togo, United States of America, Zimbabwe.
Abstaining: Burkina Faso, Congo, Cuba, Gabon, Guatemala, India, Kenya, Nigeria, Republic of Korea,
Sri Lanka.
See chap. XVII, paras. 534 to 541.]

2005/60. Human rights and the environment as part of sustainable development
The Commission on Human Rights,
Recalling its resolution 2003/71 of 25 April 2003 and its decision 2004/119
of 21 April 2004,
Recalling the Vienna Declaration and Programme of Action, adopted in June 1993 by the
World Conference on Human Rights (A/CONF.157/23), and the relevant provisions of
International Covenants on Human Rights,
Recalling the extensive work, the reports and resolutions adopted by the Commission and
human rights treaty bodies on issues relevant to environmental protection and sustainable
development,
Recalling also the Declaration of the United Nations Conference on the Human
Environment of 1972 (Stockholm Declaration) (A/CONF.48/14/Rev.1 and Corr.1), the
Rio Declaration on Environment and Development (A/CONF.151/26/Rev.1, vol. I and Corr.1,
resolution 1, annex I), Agenda 21 (ibid., annex II), adopted on 14 June 1992 by the
United Nations Conference on Environment and Development and the Johannesburg Declaration
on Sustainable Development (A/CONF.199/20 and Corr.1, chap. I, resolution 1, annex) and the
Johannesburg Plan of Implementation of the World Summit on Sustainable Development (ibid.,
resolution 2, annex), adopted by the World Summit for Sustainable Development in
September 2002, and welcoming all efforts, at the national, regional and international levels,
towards their implementation,
Bearing in mind the goals and targets of the United Nations Millennium Declaration and
the United Nations overarching agenda, including poverty eradication, human rights, sustainable
development and peace-building,
Conscious of the mandate of the Commission on Sustainable Development to promote
the implementation of Agenda 21 and the follow-up to the World Summit on Sustainable
Development, as well as of the important work undertaken on environment issues by the
United Nations Environment Programme and other relevant forums,
Taking note that respect for human rights can contribute to sustainable development,
including its environmental component,
Considering that environmental damage, including that caused by natural circumstances
or disasters, can have potentially negative effects on the enjoyment of human rights and on a
healthy life and a healthy environment,
Considering also that protection of the environment and sustainable development can
also contribute to human well-being and potentially to the enjoyment of human rights,
Recalling that everyone has the right to enjoy the benefits of scientific progress and its
applications, as reflected in article 27 of the Universal Declaration of Human Rights and
article 15 of the International Covenant on Economic, Social and Cultural Rights,

Welcoming actions taken by States, such as legal measures and public awareness
activities, that promote and protect human rights and that also assist in the promotion of
environmental protection and sustainable development,
1. Takes note of the report of the Secretary-General on human rights and the
environment as part of sustainable development (E/CN.4/2005/96);
2. Reaffirms that peace, security, stability and respect for human rights and
fundamental freedoms, including the right to development, as well as respect for cultural
diversity are essential for achieving sustainable development and ensuring that sustainable
development benefits all, as set forth in the Plan of Implementation of the World Summit on
Sustainable Development;
3. Calls upon States to take all necessary measures to protect the legitimate exercise
of everyones human rights when promoting environmental protection and sustainable
development and reaffirms, in this context, that everyone has the right, individually and in
association with others, to participate in peaceful activities against violations of human rights
and fundamental freedoms;
4. Stresses the importance for States, when developing their environmental policies,
to take into account how environmental degradation may affect all members of society, and in
particular women, children, indigenous people or disadvantaged members of society, including
individuals and groups of individuals who are victims of or subject to racism, as reflected in the
Durban Declaration and Programme of Action adopted in September 2001 by the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
(A/CONF.189/12 and Corr.1);
5. Encourages all efforts towards the implementation of the principles of the
Rio Declaration on Environment and Development, in particular principle 10, in order to
contribute, inter alia, to effective access to judicial and administrative proceedings, including
redress and remedy;
6. Reaffirms that good governance within each country and at the international level
is essential for sustainable development;
7. Requests the United Nations High Commissioner for Human Rights to
disseminate widely the reports considered and resolutions adopted by the Commission on
Human Rights and the observations and recommendations adopted by human rights treaty bodies
on issues relevant to environmental protection;
8. Also requests the High Commissioner and invites the United Nations
Environment Programme, the United Nations Development Programme and other relevant
bodies and organizations, within their respective mandates and approved work programmes and
budgets, to continue to coordinate their efforts in activities relating to human rights and the
environment in poverty eradication, post-conflict environmental assessment and rehabilitation,
disaster prevention, post-disaster assessment and rehabilitation, to take into consideration in their
work relevant findings and recommendations of others and to avoid duplication;

9. Further requests the High Commissioner and invites the United Nations
Environment Programme, within their respective mandates and approved work programmes and
budgets, to continue to coordinate their efforts in capacity-building activities, in cooperation with
other relevant bodies and organizations;
10. Requests the Secretary-General to submit to the Commission at its
sixty-third session a report, consistent with the outcomes of the High-level Plenary Meeting
of the General Assembly on the Millennium Declaration in September 2005, on how respect for
human rights can contribute to sustainable development, including its environmental component,
and can also contribute positively to poverty eradication and strengthen capacity-building
activities for developing countries, taking into account the contributions of relevant international
organizations and bodies and the views of concerned States, and to include any developments
that would update the report of the Secretary-General on human rights and the environment as
part of sustainable development;
11. Decides to continue its consideration of this question at its sixty-third session
under the same sub-item of the agenda item entitled Promotion and protection of human rights.
58th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 542 to 544.]
2005/61. World Programme for Human Rights Education
The Commission on Human Rights,
Recalling the relevant resolutions adopted by the General Assembly, the Commission
and the Sub-Commission on the Promotion and Protection of Human Rights concerning the
United Nations Decade for Human Rights Education, 1995-2004,
Recalling also its resolution 2004/71 of 21 April 2004, in which it recommended that the
General Assembly proclaim at its fifty-ninth session a world programme for human rights
education, to begin on 1 January 2005,
Reaffirming the need for continued actions at the international level to support national
efforts to achieve the internationally agreed development goals, including those contained in the
United Nations Millennium Declaration, in particular universal access to basic education for all,
by 2015,
Convinced that human rights education is a long-term and lifelong process by which
everyone learns tolerance and respect for the dignity of others and the means and methods of
ensuring that respect in all societies,
Believing that human rights education is essential to the realization of human rights and
fundamental freedoms and contributes significantly to promoting equality, preventing conflict
and human rights violations and enhancing participation and democratic processes, with a view

to developing societies in which all human beings are valued and respected, without
discrimination or distinction of any kind, such as race, colour, sex, language, religion, political,
or other opinion, national or social origin, property, disability, birth or other status,
1. Welcomes the report of the United Nations High Commissioner for Human Rights
on the follow-up to the United Nations Decade for Human Rights Education, including the
proclamation of the World Programme for Human Rights Education (E/CN.4/2005/98);
2. Welcomes also the proclamation by the General Assembly, on 10 December 2004,
of the World Programme for Human Rights Education, structured in consecutive phases, which
began on 1 January 2005, in order to advance the implementation of human rights education
programmes in all sectors;
3. Encourages the General Assembly to adopt, possibly during its current fifty-ninth
session and no later than the end of 2005, the revised draft plan of action for the first phase
(2005-2007) of the World Programme for Human Rights Education (A/59/525/Rev.1), focusing
on the primary and secondary school systems;
4. Encourages all States to develop initiatives within the World Programme for
Human Rights Education and, in particular, to implement, within their capabilities, the revised
draft plan of action once it is adopted by the General Assembly;
5. Requests the High Commissioner to promote and, when requested, technically
assist, in close cooperation with the United Nations Educational, Scientific and Cultural
Organization, the national implementation of the revised draft plan of action once it is adopted
by the General Assembly and to coordinate related international efforts;
6. Appeals to relevant organs, bodies or agencies of the United Nations system,
as well as all other international and regional intergovernmental and non-governmental
organizations, within their respective mandates, to promote and technically assist, when
requested, the national implementation of the revised draft plan of action, once it is adopted by
the General Assembly;
7. Requests the Office of the United Nations High Commissioner for Human Rights
and the United Nations Educational, Scientific and Cultural Organization to disseminate widely
among States and intergovernmental and non-governmental organizations by any means,
including electronic means, the revised draft plan of action, once it is adopted by the
General Assembly;
8. Also requests the Office of the High Commissioner to report to the Commission at
its sixty-second session on progress made towards the implementation of the present resolution;
9. Decides to consider this issue at its sixty-second session under the same
agenda item.
58th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 545 and 546.]

2005/62. Convention on the Prevention and Punishment of the Crime of Genocide
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the Convention on the Prevention and Punishment of the Crime of Genocide, as well as other
relevant international instruments,
Recalling the adoption by the General Assembly of resolution 96 (I) of December 1946,
which declares genocide to be a crime under international law and that the punishment of the
crime of genocide is a matter of international concern,
Taking into consideration that States parties to the Convention on the Non-Applicability
of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968
have agreed that no statutory limitation shall apply to such crimes,
Recalling General Assembly resolution 53/43 of 2 December 1998 on the
fiftieth anniversary of the Convention on the Prevention and Punishment of the Crime of
Genocide,
Recalling also all its previous resolutions on the Convention, most recently
resolution 2003/66 of 24 April 2003,
Acknowledging the establishment of the International Criminal Court in accordance
with the Rome Statute (A/CONF.183/9), and that genocide is defined in the Rome Statute among
the most serious crimes of concern to the international community as a whole,
Deeply concerned about the occurrence in recent history of genocide, recognized as such
by the international community, on the basis of and as defined in the Convention on the
Prevention and Punishment of the Crime of Genocide, and bearing in mind that serious and
systematic violations of human rights and international humanitarian law might result in
genocide,
Affirming that impunity for such crimes encourages their occurrence, and is a
fundamental obstacle to the furtherance of cooperation among peoples and the promotion of
international peace and security, and that fighting impunity for such crimes is an important factor
in their prevention,
Recalling that it is the duty of every State, in accordance with its international
obligations, to exercise its criminal jurisdiction over all those responsible for genocide,
Recognizing that effective functioning of mechanisms for the prevention, halting and
punishment of the crime of genocide is essential for the liberation of humankind from such an
odious scourge and that further international cooperation is required in this respect,
Welcoming in this regard the Stockholm International Forum on the theme of preventing
genocide: threats and responsibilities, which took place from 26 to 28 January 2004, and the
Declaration of the International Forum,

Recognizing the important contribution of the United Nations human rights machinery to
efforts towards preventing situations in which the crime of genocide could be committed,
Welcoming, in this regard, the solemn commemoration of the International Day of
Reflection on the 1994 Genocide in Rwanda, held on 7 April 2004 in Geneva, and the presence
of the Secretary-General at the commemoration, during which he unveiled his Action Plan to
Prevent Genocide,
1. Reaffirms the significance of the Convention as an effective international
instrument for the prevention and punishment of the crime of genocide;
2. Expresses its appreciation to all States that have ratified or acceded to the
Convention, and in particular to the States that have done so in the years following the adoption
of resolution 2003/66 of the Commission;
3. Calls upon States that have not yet ratified or acceded to the Convention to
consider doing so and, where necessary, to enact national legislation in conformity with the
provisions of the Convention;
4. Stresses the importance of enhanced international cooperation, including through
the United Nations system and through regional organizations, aimed at fostering the principles
enshrined in the Convention in order to prevent and end impunity for genocide, to deter the
future occurrence of such crime in light of the overriding political, humanitarian and moral
imperatives of the international community, as well as with a view to further promoting regional
and international peace and stability and friendly relations among all States;
5. Acknowledges the relevance and importance of the Five Point Action Plan of
the Secretary-General as a practical step aimed at enhancing the efforts of the international
community to prevent genocide;
6. Welcomes the appointment by the Secretary-General of a Special Adviser on the
Prevention of Genocide, which bears significant potential for strengthening early-warning
mechanisms to prevent potential situations that could result in genocide;
7. Requests all Governments to cooperate fully with the Special Adviser in the
performance of his work, to furnish all information requested and to react promptly to his urgent
appeals;
8. Encourages the Special Adviser, in discharging his duties, to liaise with the
United Nations system, in particular with the relevant special procedures of the Commission, on
his activities for the prevention of genocide;
9. Requests the Secretary-General to make available to the Commission at its
sixty-second session a report on the implementation of the Action Plan and on the activities of
the Special Adviser and invites the Special Adviser to address the Commission at the same
session and at the sixty-third session on the progress made in discharging his duties;
10. Encourages Governments, in cooperation with international, regional, as well as
non-governmental organizations, to disseminate, through educational activities, knowledge of
the principles of the Convention, inter alia those of its provisions relating to accountability;

11. Invites the Secretariat and relevant organs and agencies of the United Nations
system to take further efforts in disseminating the Convention widely, with a view to ensuring its
universality and full and comprehensive implementation;
12. Decides to examine the issue at its sixty-third session.
58th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 547 to 551.]
2005/63. Protection of the human rights of civilians in armed conflicts
The Commission on Human Rights,
Guided by the Charter of the United Nations and the Universal Declaration of
Human Rights,
Recalling the International Covenants on Human Rights, the Convention on the
Prevention and Punishment of the Crime of Genocide, the Geneva Conventions, of
12 August 1949, and the Additional Protocols thereto of 8 June 1977, and other human rights
and international humanitarian law instruments, together with the Vienna Declaration and
Programme of Action,
Reaffirming that all States have an obligation to promote and protect human rights and
fundamental freedoms,
Gravely concerned about violations of human rights law and international humanitarian
law during armed conflicts, in all parts of the world, and their impact on the civilian population,
especially women, children and vulnerable groups,
Reiterating that effective international measures to guarantee and monitor the
implementation of human rights standards should be taken in respect of civilian populations in
situations of armed conflicts, including people under foreign occupation, and that effective legal
protection against the violation of their human rights should be provided, in accordance with
human rights norms and international law, particularly the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, and other applicable norms of
international humanitarian law,
Acknowledging that human rights law and international humanitarian law are
complementary and mutually reinforcing,
Considering that all human rights require protection equally and that the protection
provided by human rights law continues in armed conflict situations, taking into account when
international humanitarian law applies as lex specialis,
Recalling that, in accordance with article 4 of the International Covenant on Civil and
Political Rights, certain rights are recognized as non-derogable in all circumstances and that

any measures derogating from the provisions of the Covenant must be in accordance with its
article 4 in all cases, and underlining the exceptional and temporary nature of any such
derogations,
1. Emphasizes that conduct that violates international humanitarian law, including
grave breaches of the Geneva Conventions, of 12 August 1949, or of the Protocol Additional
thereto of 8 June 1977 relating to the Protection of Victims of International Armed Conflicts
(Protocol I), may also constitute a gross violation of human rights;
2. Urges all parties to armed conflicts to comply with their obligations under
international humanitarian law, in particular to ensure respect for and protection of the civilian
population, and also urges all States to comply with their human rights obligations in this
context;
3. Stresses the importance of combating impunity in order to prevent violations of
international human rights and humanitarian law perpetrated against civilians in armed conflicts,
and urges States to end impunity for such crimes by bringing the perpetrators to justice in
accordance with their international obligations;
4. Calls upon States to respect and to ensure respect for relevant international
humanitarian law instruments and customary international law;
5. Invites the international community to support regional efforts aimed at the
protection of civilians in armed conflicts, and welcomes the recent appointment by the
African Union of a special representative on the protection of civilians in armed conflict
situations in Africa;
6. Takes note with appreciation of decision 2004/118 of 12 August 2004 of the
Sub-Commission on the Promotion and Protection of Human Rights in which the
Sub-Commission requested a working paper on human rights law and international humanitarian
law, and looks forward to its conclusions and recommendations;
7. Decides to consider this issue at its sixty-second session under the same
agenda item.
58th meeting
20 April 2005
[Resolution adopted by a recorded vote of 51 votes to 1, with 1 abstention, as follows:
In favour: Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany,
Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Kenya, Malaysia, Mauritania, Mexico,
Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of Great Britain and
Northern Ireland, Zimbabwe.
Against: United States of America.
Abstaining: Japan.
See chap. XVII, paras. 552 to 556.]

2005/64. World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance and the comprehensive implementation of and
follow-up to the Durban Declaration and Programme of Action
The Commission on Human Rights,
Recalling all its previous resolutions on the elimination of racism, racial discrimination,
xenophobia and related intolerance,
Recalling in particular its resolutions 2002/68 of 25 April 2002 and 2003/30
of 23 April 2003, in which the Commission established effective mechanisms for the total
elimination of racism, racial discrimination, xenophobia and related intolerance and the
comprehensive implementation of and follow-up to the Durban Declaration and Programme
of Action adopted in September 2001 by the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance (A/CONF.189/12 and Corr.1),
Taking note of General Assembly resolution 59/177 of 20 December 2004, in which
the Assembly firmly consolidated the global drive for the total elimination of racism, racial
discrimination, xenophobia and related intolerance and recognized the absolute necessity and the
imperative nature of the political will for the achievement of the commitments undertaken in the
Durban Declaration and Programme of Action,
Recalling General Assembly resolution 58/160 of 22 December 2003 appreciating the
growing momentum for enhanced effort by the international community towards the elimination
of racism, racial discrimination, xenophobia and related intolerance,
Noting that in General Assembly resolution 57/195 of 18 December 2002, the Assembly
outlined the important roles and responsibilities of the various organs of the United Nations and
other stakeholders at the international, regional and national levels, including, in particular, the
Commission, in the field of elimination of racism, racial discrimination, xenophobia and related
intolerance,
Reaffirming that universal adherence to and full implementation of the International
Convention on the Elimination of All Forms of Racial Discrimination are of paramount
importance for the promotion of equality and non-discrimination in the world,
Reiterating that all human beings are born free and equal in dignity and rights and have
the potential to contribute constructively to the development and well-being of their societies,
and that any doctrine of racial superiority is scientifically false, morally condemnable, socially
unjust and dangerous and must be rejected, together with theories that attempt to determine the
existence of separate human races,
Deploring the increase in racist violence and xenophobic ideas in many parts of the
world, in political circles, in the sphere of public opinion and in society at large, inter alia as a
result of the resurgent activities of associations established on the basis of racist and xenophobic
platforms and charters, and the persistent use of those platforms and charters to promote or incite
racist ideologies,

Recognizing with deep concern the increase in anti-Semitism, Christianophobia and
Islamophobia in various parts of the world, as well as the emergence of racial and violent
movements based on racism and discriminatory ideas directed against Arab, Christian, Jewish
and Muslim communities, communities of people of African descent, communities of Asian
descent and other communities,
Acknowledging the entry into force of the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families on 1 July 2003 and inviting
all States that have not yet done so to consider signing, ratifying or acceding to this important
instrument, which stresses that States are under the obligation to protect migrants and members
of their families as victims of racism, racial discrimination, xenophobia and related intolerance,
Underlining that political will, international cooperation and adequate funding at
all levels are indispensable prerequisites for the successful implementation of the
Durban Declaration and Programme of Action,
Underlining also its commitment to a global drive for the total elimination of racism,
racial discrimination, xenophobia and related intolerance, and encouraging all States to join this
drive towards non-discrimination, human dignity and equality for all peoples worldwide,
Welcoming the determination of the United Nations High Commissioner for Human
Rights to profile and increase the visibility of the struggle against racism, racial discrimination,
xenophobia and related intolerance and her intention to make this a cross-cutting issue in the
activities and programmes of her Office,
I. BASIC GENERAL PRINCIPLES
1. Acknowledges that no derogation from the prohibition of racial discrimination,
genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the
relevant human rights instruments;
2. Stresses that States and international organizations have a responsibility to ensure
that measures taken in the struggle against terrorism do not discriminate in purpose or effect on
grounds of race, colour, descent or national or ethnic origin, and urges all States to rescind or
refrain from all forms of racial profiling;
3. Regrets that racially discriminatory immigration laws, policies and practices,
including enforcement mechanisms, contribute to the persistence of racism, racial discrimination,
xenophobia and related intolerance and in this context urges all States that have not yet done so
to review and revise any racially discriminatory immigration laws, policies and practices so that
they are free of racial discrimination and compatible with their obligations under international
human rights instruments;
4. Underlines the importance of mainstreaming the values of non-discrimination,
equality, human dignity and human solidarity in the United Nations system;

5. Urges States to mainstream a gender perspective in the design and development
of prevention, education, promotion and protection measures aimed at the eradication of racism,
racial discrimination, xenophobia and related intolerance at all levels, to ensure that they
effectively target the distinct situations of women and men;
6. Expresses deep concern at recent attempts to establish hierarchies among
emerging and resurgent forms of racism, racial discrimination, xenophobia and related
intolerance, and urges States to adopt measures for addressing these scourges with the same
emphasis and vigour, with a view to preventing this practice and protecting victims;
7. Expresses its profound concern about and its unequivocal condemnation of all
forms of racism and racial discrimination, including related acts of racially motivated violence,
xenophobia and intolerance, as well as propaganda activities and organizations that attempt to
justify or promote racism, racial discrimination, xenophobia and related intolerance in any form;
II. INTERNATIONAL CONVENTION ON THE ELIMINATION
OF ALL FORMS OF RACIAL DISCRIMINATION
8. Reiterates the call made by the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance in paragraph 75 of the Durban Plan of
Action to achieve universal ratification of the International Convention on the Elimination of All
Forms of Racial Discrimination by 2005 and for all States to consider making the declaration
envisaged under article 14 of the Convention, and expresses grave concern that, with
170 ratifications and only 45 declarations, the deadline for universal ratification decided by
the Conference has regrettably not been realized;
9. Calls upon all States that have not yet complied with the recommendations of
the Conference urgently to demonstrate will and commitment towards the fulfilment of these
recommendations as a matter of priority;
10. Requests, in the above context, the Office of the United Nations
High Commissioner for Human Rights to publish a list of countries that have not yet ratified
the Convention and to initiate a reinvigorated campaign for universal ratification of the
Convention at the earliest, and to submit a report on its efforts in this regard to the Commission
at its sixty-second session;
11. Reiterates that the Committee on the Elimination of Racial Discrimination, in
its general recommendation XV (42) of 17 March 1993 concerning article 4 of the Convention,
holds that the prohibition of the dissemination of ideas based on racial superiority or racial hatred
is compatible with the right to freedom of opinion and expression as outlined in article 19 of the
Universal Declaration of Human Rights and in article 5 of the Convention;
12. Welcomes and emphasizes the importance of implementing general
recommendation XXVIII of 19 March 2002 of the Committee , in which the Committee
emphasized the importance of follow-up to the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and recommended measures to strengthen
the implementation of the Convention as well as the functioning of the Committee;

13. Welcomes also general recommendation XXX on discrimination against
non-citizens adopted by the Committee on 5 August 2004 and stresses the need for its
implementation;
14. Takes note of the views of the Committee on the implementation of the
Convention and its effectiveness (E/CN.4/WG.21/10 and Add.1), and expresses its appreciation
for the quick response of the Committee to the request made by the Intergovernmental Working
Group on the Effective Implementation of the Durban Declaration and Programme of Action and
looks forward to further cooperation between the Intergovernmental Working Group and the
Committee;
III. COMPREHENSIVE IMPLEMENTATION OF AND FOLLOW-UP TO
THE DURBAN DECLARATION AND PROGRAMME OF ACTION
15. Welcomes the outcome of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action outlined in its report on the
work of its third session (E/CN.4/2005/20), which focuses on complementary standards as well
as cross-cutting thematic issues of health and racism, and racism and the Internet, and calls upon
all States to implement the recommendations of the Intergovernmental Working Group without
delay;
16. Decides, in the above context, to request the Office of the High Commissioner, in
consultation with Member States, to convene a high-level seminar for five days during the fourth
session of the Intergovernmental Working Group on the Effective Implementation of the Durban
Declaration and Programme of Action:
(a) The first two days of the seminar to focus on racism and the Internet, inviting all
stakeholders, inter alia States, the World Summit on the Information Society, international and
regional organizations, non-governmental organizations, the private sector and the media;
(b) The remaining three days of the seminar, inviting members of the Committee on
the Elimination of Racial Discrimination, to produce a list of areas where gaps exist for which
complementary standards are necessary and outlining options for the format of complementary
standards to existing instruments, notably the International Convention on the Elimination of All
Forms of Racial Discrimination, which will strengthen and update international instruments in all
their aspects;
17. Decides that the programme, structure and format of the high-level seminar
should be agreed among Member States, assisted by the Office of the High Commissioner, and
that they could include, but not necessarily be limited to, inviting a core group of ministers
responsible for human rights and/or equivalent participants from all regions as panellists;
18. Welcomes the outcome of the fourth session of the Working Group of Experts
on People of African Descent, which focused on the thematic issues of employment, health and
housing, in particular the Working Groups intention to undertake country visits consistent with
its mandate;

19. Also welcomes the recommendations of the Working Group of Experts on People
of African Descent contained in its report (E/CN.4/2005/21);
20. Decides to convene the fourth session of the Intergovernmental Working Group
on the Effective Implementation of the Durban Declaration and Programme of Action on suitable
dates prior to the sixty-second session of the Commission;
21. Strongly recommends that no intersessional meetings of the mechanisms of the
Commission established for the follow-up to the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the implementation of the Durban
Declaration and Programme of Action be scheduled in a manner to coincide or overlap with
the sessions of the General Assembly or any other sessions of the working groups of the
Commission;
22. Requests the Office of the High Commissioner to ensure that the future sessions
of the Working Group of Experts on People of African Descent are scheduled to precede those
of the Intergovernmental Working Group on the Effective Implementation of the Durban
Declaration and Programme of Action;
23. Underlines that States, in conformity with their domestic legislation and relevant
international human rights norms, should give priority to improving and funding systems to
collect reliable disaggregated data to measure inequalities among different racial groups, with a
view to identifying and implementing appropriate corrective measures to combat racism and
racial discrimination in their societies, and to ensuring that reliable disaggregated data are made
widely available to the public for the implementation and evaluation of their policies and
programmes in consultation with and through the participation of the public, including civil
society, and to this end take into account existing best practices and initiatives at the national and
regional levels, including, inter alia, those of the European Monitoring Centre on Racism and
Xenophobia and the European Commission against Racism and Intolerance;
24. Calls on States to take firm action against racist platforms in political institutions
present in various parts of the world, including in democratic systems, and reaffirms the
incompatibility between democracy and racism;
25. Condemns all acts of racism in sporting events, whether manifested through
violence, words or gestures, and whether committed by the public, management or players,
and urges all States and national, regional and international sporting associations and federations
to adopt firm measures for the prevention of such acts, and to impose severe penalties on the
perpetrators of acts of racism;
26. Decides that at its next session, the Intergovernmental Working Group on the
Effective Implementation of the Durban Declaration and Programme of Action will consider the
thematic issue of globalization and racism;
27. Invites the Fédération Internationale de Football Association (FIFA), in
connection with the 2006 World Cup of football to be held in Germany, and in particular in the
interest of promoting a world of sport free from racism, to consider introducing a visible theme
promoting non-racialism in football, and requests the Office of the High Commissioner to bring
this matter to the attention of FIFA;

28. Welcomes the second meeting of the group of independent eminent experts, held
in Geneva from 21 to 23 February 2005, in particular its programme of work as requested by the
General Assembly in its resolution 59/177, and the appeal of the experts to the Commission and
to the Assembly to adopt a plan for the five-year review of the implementation of the Durban
Declaration and Plan of Action (see E/CN.4/2005/125 and Corr.1);
29. Takes note of the report of the High Commissioner on the possibility of the
development of a racial equality index (E/CN.4/2005/17) as proposed by the group of
independent eminent experts at its first meeting and requested by the Commission in its
resolution 2004/88 of 22 April 2004, and requests the High Commissioner to expedite the
consultative process in 2005 in this regard and to submit to the Commission at its sixty-second
session a draft basic document on the proposed index;
30. Recognizes the centrality of resource mobilization, effective global partnership
and international cooperation in the context of paragraphs 157 and 158 of the Durban
Programme of Action for the successful realization of commitments undertaken at the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and to
this end emphasizes the central role to be played by the group of independent eminent experts in
mobilizing the necessary political will required for the successful implementation of the Durban
Declaration and Programme of Action;
31. Requests the High Commissioner to provide all the necessary resources for the
effective fulfilment of the mandates of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action, the Working Group of
Experts on People of African Descent and the group of independent eminent experts, and that in
this regard particular attention be given to the proper staffing and adequate resources for the
Anti-Discrimination Unit within the Office of the High Commissioner as a coordinating unit for
the whole process in the follow-up to the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance;
32. Urges States to consider ratifying the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families;
33. Also urges States to create national forums for dialogue that are open and
transparent and involve all stakeholders, as a broad strategy for the implementation of measures
foreseen in the Durban Declaration and Programme of Action;
34. Calls upon the Office of the High Commissioner to implement all the relevant
recommendations of the third session of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action and to submit a progress
report in that regard to the Commission at its sixty-second session;
IV. SPECIAL RAPPORTEUR ON CONTEMPORARY FORMS OF
RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND
RELATED INTOLERANCE, AND FOLLOW-UP TO HIS VISITS
35. Expresses its full support and appreciation for the work of the
Special Rapporteur, Mr. Doudou Diène, welcomes his reports (E/CN.4/2005/18 and Add.1 and
Add.1/Corr.1 and Add.2-6 and E/CN.4/2005/19) and encourages the continuation of his work;

36. Decides to extend the mandate of the Special Rapporteur for a period of
three years and recommends the following draft decision to the Economic and Social Council
for adoption:
[For the text, see chap. I, sect. B, draft decision 19.]
37. Reiterates its call to all Member States, intergovernmental organizations, relevant
organizations of the United Nations and non-governmental organizations to cooperate fully with
the Special Rapporteur;
38. Urges all Governments to consider favourably the requests for visits by the
Special Rapporteur;
39. Invites the High Commissioner to provide States, at their request, with advisory
services and technical assistance to enable them to implement fully the recommendations of the
Special Rapporteur;
40. Requests the Secretary-General to provide the Special Rapporteur with all the
necessary human and financial assistance to carry out his mandate efficiently, effectively and
expeditiously and to enable him to submit an interim report to the General Assembly at its
sixtieth session and to the Commission at its sixty-second session;
V. GENERAL
41. Decides to consider this matter at its sixty-second session under the sub-item of
the agenda entitled Comprehensive implementation of and follow-up to the Durban Declaration
and Programme of Action.
59th meeting
20 April 2005
[Resolution adopted by a recorded vote of 38 votes to 1, with 14 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guatemala, Guinea, Honduras, India, Indonesia,
Kenya, Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: United States of America.
Abstaining: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland.
See chap. VI, paras. 99 to 109.]
2005/65. Human rights of persons with disabilities
The Commission on Human Rights,
Recalling that all persons with disabilities have the right to protection against
discrimination and to full and equal enjoyment of all human rights, as laid down, inter alia, in
the provisions of the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights,

the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention concerning Vocational Rehabilitation and
Employment (Disabled Persons), 1983 (No. 159) of the International Labour Organization,
Recalling and reaffirming commitments relating to the human rights and fundamental
freedoms of persons with disabilities made at the major United Nations conferences and summits
since 1990 and their follow-up processes and stressing the importance of mainstreaming the
disability issue in their implementation,
Reaffirming its resolution 2004/52 of 20 April 2004 on human rights of persons with
disabilities,
Recalling General Assembly resolutions 37/52 of 3 December 1982, by which it adopted
the World Programme of Action concerning Disabled Persons, 48/96 of 20 December 1993, by
which the Assembly adopted the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities, 56/168 of 19 December 2001, by which it established the Ad Hoc
Committee on a Comprehensive and Integral International Convention on the Protection and
Promotion of the Rights and Dignity of Persons with Disabilities, 58/132 of 22 December 2003
and 59/198 of 20 December 2004,
Taking note of the draft resolutions of the Commission for Social Development
of 18 February 2005 on a comprehensive and integral international convention on protection and
promotion of the rights and dignity of persons with disabilities, and on the further promotion of
equalization of opportunities by, for and with persons with disabilities, and protection of the
human rights of persons with disabilities,
Reaffirming the universality, indivisibility and interdependence of all human rights and
fundamental freedoms and the need for persons with disabilities to be guaranteed their full
enjoyment without discrimination, and convinced of the contribution that a convention will make
in this regard,
Welcoming the firm support of the international community for such a convention and the
continued engagement in its elaboration,
Recognizing the considerable contribution of civil society, including non-governmental
organizations, especially organizations of persons with disabilities, as well as national human
rights institutions, in promoting the full and equal enjoyment of all human rights by persons with
disabilities, and welcoming in this regard their active participation in the work of the
Ad Hoc Committee,
Concerned that persons with disabilities face discrimination and may be affected by
multiple discrimination,
Emphasizing the need to include a gender perspective in all efforts to promote and protect
the full and equal enjoyment of all human rights by persons with disabilities,
Expressing grave concern that situations of armed conflict have especially devastating
consequences for the human rights of persons with disabilities,

Concerned at the extent of disabilities caused by the indiscriminate use of anti-personnel
mines and other weapons which may be deemed to be excessively injurious or to have
indiscriminate effects, and at the long-lasting impact of these weapons which prevent the full and
effective enjoyment of human rights, particularly among civilian populations, and welcoming
increased international efforts to address this issue,
Reaffirming its commitment to ensuring that the human rights of persons with disabilities
and their concerns for full participation in all aspects of society continue to be addressed in all of
its work and reaffirming in this regard continued commitment of the Commission on Human
Rights to contribute to the process of the elaboration of an international convention,
1. Urges Governments to take active measures to:
(a) Ensure the full and equal enjoyment by persons with disabilities of all human
rights and fundamental freedoms;
(b) Prevent and prohibit all forms of discrimination against persons with disabilities;
(c) Ensure equal opportunities for full participation of persons with disabilities in all
spheres of life;
(d) Integrate a gender perspective in all efforts to promote and protect the full and
equal enjoyment of all human rights by persons with disabilities;
2. Welcomes the reports of the Ad Hoc Committee on its third, fourth and fifth
sessions (A/AC.265/2004/5 and Corr.1 and 2, A/59/360 and A/AC.265/2005/2);
3. Takes note with appreciation of the report of the United Nations
High Commissioner for Human Rights on progress in the implementation of the
recommendations contained in the study on the human rights of persons with disabilities
(E/CN.4/2005/82);
4. Calls upon the Office of the High Commissioner to continue to consider in its
activities implementing the recommendations that relate to it in the study on human rights and
disability, submitted to the Commission at its fifty-eighth session, as well as to continue to
strengthen collaboration with other United Nations agencies and bodies;
5. Also calls upon the Office of the High Commissioner to report to the Commission
at its sixty-second session on progress in the implementation of the recommendations contained
in the study on human rights and disability and on the achievement of the objectives set forth in
the programme of work of the Office in relation to the human rights of persons with disabilities;
6. Welcomes the past and future contributions and support of the Office of the
High Commissioner to the work of the Ad Hoc Committee, and requests the Office to continue
these in close collaboration with the Department of Economic and Social Affairs of the
Secretariat and also with other relevant bodies and agencies of the United Nations;

7. Requests the Office of the High Commissioner to prepare an expert paper,
focusing on the lessons learned from existing monitoring mechanisms, possible relevant
improvements and possible innovations in monitoring mechanisms for a comprehensive and
integral international convention on the protection and promotion of the rights and dignity of
persons with disabilities, and to make the paper available to the Ad Hoc Committee at its
seventh session;
8. Welcomes the important progress achieved so far in the negotiation of a draft
convention and invites Member States and observers to continue to participate actively and
constructively in the Ad Hoc Committee with a view to the early conclusion of a draft text of a
convention, in order to present it to the General Assembly, as a matter of priority, for its
adoption;
9. Urges that further efforts be made to ensure the active participation
of non-governmental organizations in the Ad Hoc Committee, in accordance with
General Assembly resolution 56/510 of 23 July 2002 and based on the decision of the
Ad Hoc Committee on the modalities for the participation of non-governmental organizations in
its work;
10. Urges Member States, observers, civil society and the private sector to continue
to contribute to the United Nations Voluntary Fund on Disability, including the voluntary fund
established by the General Assembly in resolution 57/229 of 18 December 2002, to support the
participation of non-governmental organizations and experts from developing countries, in
particular from the least developed countries, in the work of the Ad Hoc Committee;
11. Invites all special rapporteurs, in carrying out their mandates, to take into account
the full and equal enjoyment of all human rights by persons with disabilities;
12. Underlines the importance of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities for the promotion and protection of the full and equal
enjoyment of all human rights by persons with disabilities and invites the Special Rapporteur on
disability of the Commission for Social Development to address the Commission on Human
Rights at its sixty-second session on her experience in disability and human rights-related issues,
drawing from the experience gained by her and the panel of experts through monitoring the
Standard Rules, and looks forward to a continued involvement of the Special Rapporteur in
issues relating to disability within the Commission on Human Rights in order to mainstream a
disability perspective;
13. Invites human rights treaty monitoring bodies to take into account the concerns of
persons with disabilities in their lists of issues and concluding observations, to consider drafting
general comments and recommendations on the full enjoyment of human rights by persons with
disabilities and to integrate a disability perspective into their monitoring activities;
14. Urges Governments to address fully, in consultation with, inter alia, national
human rights institutions and organizations of persons with disabilities, the question of the
human rights of persons with disabilities in complying with their reporting obligations under the
relevant United Nations human rights instruments and welcomes the efforts of those
Governments that have begun to do so;

15. Invites national human rights institutions and non-governmental organizations to
strengthen their work on human rights and disability, including by participating actively in the
work of the Ad Hoc Committee in elaborating a draft convention, and to enhance their level of
contributions to the work of the treaty monitoring bodies;
16. Calls upon all United Nations organizations and specialized agencies and
intergovernmental institutions for development cooperation to integrate a disability and
human rights perspective into their activities and to reflect this in their activity reports;
17. Requests the Secretary-General and the Office of the High Commissioner to
include in relevant reports to the General Assembly and the Commission information on the
progress of efforts to ensure the full recognition of and the full and equal enjoyment of all human
rights by persons with disabilities and to make such reports available to the Ad Hoc Committee
for its forthcoming sessions;
18. Decides to continue its consideration of this question at its sixty-second session
under the same agenda item.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XIV, paras. 456 to 461.]
2005/66. Right to the truth
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights, the Geneva Conventions,
of 12 August 1949, and the Additional Protocols thereto of 1977 and other relevant instruments
of international human rights law and international humanitarian law, as well as the
Vienna Declaration and Programme of Action,
Recognizing the universality, indivisibility, interdependence and interrelatedness of civil,
political, economic, social and cultural rights,
Recalling article 32 of the Additional Protocol to the Geneva Conventions,
of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts
(Protocol I), of 8 June 1977, which recognizes the right of families to know the fate of their
relatives,
Recalling also that article 33 of Additional Protocol I provides that the parties to an
armed conflict shall search for the persons who have been reported missing, as soon as
circumstances permit,
Stressing that adequate steps to identify victims should also be taken in situations not
amounting to armed conflict, especially in cases of massive or systematic violations of
human rights,

Taking into account its resolution 2004/72 of 21 April 2004, on impunity,
Recalling the Set of Principles for the protection and promotion of human rights through
action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II) and taking note with
appreciation of the updated version of the Set of Principles (E/CN.4/2005/102/Add.1),
Noting that the Human Rights Committee (see A/51/40, chap. V, sect. G and A/38/40,
annex XXII) and the Working Group on Enforced or Involuntary Disappearances
(see E/CN.4/1999/62) have recognized the right of the victims of gross violations of human
rights and the right of their relatives to the truth about the events that have taken place, including
the identification of the perpetrators of the facts that gave rise to such violations,
Acknowledging, in cases of gross violations of human rights and serious violations of
international humanitarian law, the need to study the interrelationship between the right to the
truth and the right to access to justice, the right to obtain effective remedy and reparation, and
other relevant human rights,
Acknowledging also that the right to the truth may be characterized differently in some
legal systems as the right to know or the right to be informed or freedom of information,
Emphasizing that the public and individuals are entitled to access to the fullest extent
practicable information regarding the actions and decision-making process of their Government,
within the framework of each States domestic legal system,
Stressing the imperative for society as a whole to recognize the right of victims of gross
violations of human rights and serious violations of international humanitarian law, and their
families, within the framework of each States domestic legal system, to know the truth
regarding such violations, including the identity of the perpetrators and the causes, facts and
circumstances in which such violations took place,
Convinced that States should preserve archives and other evidence concerning gross
violations of human rights and serious violations of international humanitarian law to facilitate
knowledge of such violations, to investigate allegations and to provide victims with access to an
effective remedy in accordance with international law,
1. Recognizes the importance of respecting and ensuring the right to the truth so as
to contribute to ending impunity and to promote and protect human rights;
2. Welcomes the establishment in several States of specific judicial mechanisms, as
well as other non-judicial mechanisms such as truth and reconciliation commissions that
complement the justice system, to investigate violations of human rights and violations of
international humanitarian law, and appreciates the elaboration and publication of the reports and
decisions of these bodies;
3. Encourages the States concerned to disseminate, implement, and monitor
implementation of, the recommendations of non-judicial mechanisms such as truth and
reconciliation commissions, and provide information regarding compliance with the decisions of
judicial mechanisms;

4. Encourages other States to consider establishing specific judicial mechanisms as
well as, where appropriate, truth and reconciliation commissions to complement the justice
system, to investigate and address gross violations of human rights and serious violations of
international humanitarian law;
5. Encourages States to provide appropriate assistance on this matter to concerned
States;
6. Requests the Office of the United Nations High Commissioner for Human Rights
to prepare a study on the right to the truth, including information on the basis, scope and
content of the right under international law, as well as best practices and recommendations for
effective implementation of this right, in particular, legislative, administrative or any other
measures that may be adopted in this respect, taking into account the views of States and
relevant intergovernmental and non-governmental organizations, for consideration at its
sixty-second session;
7. Invites special rapporteurs and other mechanisms of the Commission, in the
framework of their mandates, to take into account, as appropriate, the issue of the right to
the truth;
8. Decides to consider this matter at its sixty-second session under the same
agenda item.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 557 to 560.]
2005/67. Human rights defenders
The Commission on Human Rights,
Recalling General Assembly resolution 53/144 of 9 December 1998, by which the
Assembly adopted by consensus the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights
and Fundamental Freedoms, annexed to that resolution and reiterating the importance of the
Declaration and its wide dissemination,
Recalling all previous resolutions on this subject, in particular its resolution 2004/68
of 21 April 2004, and taking note of General Assembly resolution 59/192 of 20 December 2004,
Noting with deep concern that, in many countries, persons and organizations engaged in
promoting and defending human rights and fundamental freedoms are facing threats, harassment
and insecurity as a result of those activities,

Gravely concerned by the continuing high level of human rights violations committed
against persons engaged in promoting and defending human rights and fundamental freedoms
around the world and the increase in especially grave violations, such as killings, attacks on and
threats to the physical integrity of human rights defenders and their relatives,
Recalling that human rights defenders are entitled to equal protection of the law, and
deeply concerned about the increase in new restrictive legislation regulating the creation and
operation of non-governmental organizations and any abuse of civil or criminal proceedings
against human rights defenders because of their activities for the promotion and protection of
human rights and fundamental freedoms,
Concerned at the considerable and increasing number of communications received by the
Special Representative of the Secretary-General on the situation of human rights defenders
which, together with the reports submitted by some of the special procedure mechanisms,
indicate the serious nature of the risks faced by human rights defenders including during periods
of special vulnerability, and including the severe consequences for women human rights
defenders and defenders of rights of persons belonging to minorities,
Noting with deep concern that, in a number of countries in all regions of the world,
impunity for threats, attacks and acts of intimidation against human rights defenders persists and
that this impacts negatively on the work and safety of human rights defenders,
Emphasizing the important role that individuals, non-governmental organizations and
groups play in the promotion and protection of human rights and fundamental freedoms,
including in combating impunity, promoting access to justice, information and public
participation in decision-making, and promoting, strengthening and preserving democracy,
Recognizing the importance of the role of human rights defenders, through dialogue,
openness, participation and justice, in the prevention of violence and the promotion of
sustainable peace and security,
Recalling that, in accordance with article 4 of the International Covenant on Civil and
Political Rights, certain rights are recognized as non-derogable in any circumstances and that any
measures derogating from other provisions of the Covenant must be in accordance with that
article in all cases, and in this regard, recalling Human Rights Committee general comment
No. 29 (2001) on derogations from provisions of the Covenant during a state of emergency,
which underlines the exceptional and temporary nature of any such derogations,
Gravely concerned that, in some instances, national security and counter-terrorism
legislation and other measures have been misused to target human rights defenders or have
hindered their work and safety in a manner contrary to international law,
Welcoming the significant work conducted by the Special Representative of the
Secretary-General and encouraging continued cooperation between the Special Representative
and other special procedures of the Commission,
Welcoming also regional initiatives and the cooperation between international and
regional mechanisms for the promotion and protection of human rights defenders, and
encouraging further development in this regard,

Welcoming further the steps taken by some States towards adoption of national policies
or legislation for the promotion and protection of human rights defenders,
Recalling that the primary responsibility for promoting and protecting human rights rests
with the State, and noting with deep concern that the activities of some non-State actors pose a
major threat to the security of human rights defenders,
Emphasizing the need for strong and effective measures for the protection of
human rights defenders,
1. Calls upon all States to promote and give full effect to the Declaration on the
Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms, including by taking, as
appropriate, practical steps to that end;
2. Welcomes the reports of the Special Representative of the Secretary-General on
human rights defenders (E/CN.4/2001/94, A/56/341, E/CN.4/2002/106 and Add.1 and 2,
A/57/182, E/CN.4/2003/104 and Add.1-4, A/58/380, E/CN.4/2004/94 and Add.1-3, A/59/401
and E/CN.4/2005/101 and Add.1 and 2 and Add.3 and Add.3/Corr.1);
3. Condemns all human rights violations committed against persons engaged in
promoting and defending human rights and fundamental freedoms around the world and urges
States to take all appropriate action, consistent with the Declaration and all other relevant
human rights instruments, to eliminate such human rights violations;
4. Calls upon all States to take all necessary measures to ensure the protection of
human rights defenders, and to ensure and maintain an environment conducive to the work of
human rights defenders;
5. Also calls upon all States to ensure, protect and respect the freedom of expression
and association of human rights defenders, in particular through transparent, non-discriminatory,
expeditious and inexpensive procedures for the acquisition of legal status as organizations or
associations if such acquisition is required, in accordance with national legislation;
6. Urges States to ensure that any measures to combat terrorism and preserve
national security comply with their obligations under international law, in particular, under
international human rights law, and do not hinder the work and safety of human rights defenders;
7. Emphasizes the importance of combating impunity for threats, attacks and acts of
intimidation against human rights defenders and their relatives, and in this regard urges States to
take appropriate measures consistent with obligations under international law, in particular
international human rights law and international humanitarian law;
8. Urges States to ensure that complaints from human rights defenders about threats
or violations against them and their relatives are investigated promptly and addressed in a
transparent, independent and accountable manner;
9. Urges all States to cooperate with and assist the Special Representative in the
performance of her tasks and to furnish all information for the fulfilment of her mandate upon
request;

10. Calls upon States to give serious consideration to responding favourably to the
Special Representatives requests to visit their countries and urges them to enter into a
constructive dialogue with the Special Representative with respect to the follow-up to and
implementation of her recommendations;
11. Urges those States that have not yet responded to the communications transmitted
to them by the Special Representative to answer without further delay;
12. Encourages all States to investigate promptly urgent appeals and allegations
brought to their attention by the Special Representative and to take timely action to prevent
violations of the rights of human rights defenders;
13. Invites States to translate the Declaration into national languages and to take
measures to improve its dissemination;
14. Encourages States to promote awareness and training in regard to the Declaration
in order to enable officials, agencies, authorities and the judiciary to observe the provisions of
the Declaration and thus promote better understanding and respect for human rights defenders;
15. Encourages relevant national authorities to promote awareness, better
understanding and respect for human rights defenders through education programmes;
16. Requests the Secretary-General to provide the Special Representative with all
necessary human, material and financial resources in order to enable her to continue to carry out
her mandate effectively, including through country visits;
17. Requests all concerned United Nations agencies and organizations, within their
mandates, to provide all possible assistance and support to the Special Representative in the
implementation of her programme of activities;
18. Invites relevant United Nations bodies, including at the country level, within their
respective mandates and working in cooperation with States, to give due consideration to the
Declaration and to the reports of the Special Representative, and requests in this context the
Office of the United Nations High Commissioner for Human Rights to draw the attention of all
relevant United Nations bodies, including at the country level, to the reports of the Special
Representative;
19. Requests the Special Representative to continue to report on her activities to the
General Assembly and to the Commission in accordance with her mandate;
20. Decides to consider this question at its sixty-second session, under the same
agenda item.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 561 to 568.]

2005/68. The role of good governance in the promotion and protection of
human rights
The Commission on Human Rights,
Guided by the Universal Declaration of Human Rights as a common standard of
achievement of all peoples and all nations applying to every individual and every organ of
society, and also the Vienna Declaration and Programme of Action (A/CONF.157/23), which
affirmed that all human rights are universal, indivisible, interdependent and interrelated,
Recalling its resolution 2004/70 of 21 April 2004 and all previous relevant resolutions
on the role of good governance in the promotion of human rights, as well as the United Nations
Millennium Declaration,
Recognizing the importance of a conducive environment, at both the national and the
international levels, for the full enjoyment of all human rights and of the mutually reinforcing
relationship between good governance and human rights,
Recognizing also that transparent, responsible, accountable and participatory government,
responsive to the needs and aspirations of the people, including members of vulnerable and
marginalized groups, is the foundation on which good governance rests and that such a
foundation is a sine qua non for the full realization of human rights, including the right to
development,
Recognizing further that an independent and impartial judiciary and an independent
legal profession are essential prerequisites for good governance and the protection of human
rights,
Recognizing that good governance and the building of effective democratic institutions
are a continuous process for all Governments, regardless of the level of development of the
countries concerned,
Noting that good governance practices necessarily vary according to the particular
circumstances and needs of different societies, and that the responsibility for determining and
implementing such practices, based on transparency and accountability, and for creating and
maintaining an enabling environment conducive to the enjoyment of all human rights at the
national level rests with the State concerned,
Welcoming the emphasis given in the conclusions of the sixth session of the Working
Group on the Right to Development to the importance of good governance at all levels in the
implementation of the right to development,
Welcoming also the commitment of Arab States to national implementation of the
Initiative on Good Governance for Development in the Arab Countries launched by them at the
Organization for Economic Cooperation and Development/United Nations Development
Programme Conference on Good Governance for Development in the Arab Countries held in
Jordan on 6 and 7 February 2005,

Recognizing the importance of an active civil society in ensuring that good governance
practices benefit all people, including members of vulnerable and marginalized groups,
Recognizing also the constructive role that national human rights institutions can play in
promoting good governance, as reflected in the concluding statement and recommendations of
the International Round Table on National Institutions and Good Governance, held in Suva from
13 to 15 December 2004,
Reaffirming the leading role played by the United Nations in developing and promoting
democracy and human rights, and recognizing the role of other processes, including the
International Conference of New or Restored Democracies and the Community of Democracies,
Reaffirming also the importance of international and regional cooperation, when required
by the States in need, in order to facilitate the implementation of good governance practices at all
levels,
1. Urges States to provide transparent, responsible, accountable and participatory
government, responsive to the needs and aspirations of the people, including members of
vulnerable and marginalized groups, and to respect and protect the independence of judges and
lawyers in order to achieve the full realization of human rights;
2. Reaffirms the special role of good governance within countries and at the
international level in development and poverty eradication, as reflected in paragraph 13 of the
United Nations Millennium Declaration, and underlines its fundamental importance to the
realization of the internationally accepted development goals, including those included in the
Millennium Declaration;
3. Encourages, in this context, the growing recognition of the value of partnerships
among relevant actors at all levels as a solid foundation on which good governance rests, and
notes that such partnerships are strengthened by, inter alia, constructive approaches to
international development cooperation;
4. Welcomes the report on the Seminar on good governance practices for the
promotion of human rights (see E/CN.4/2005/97), jointly organized by the Office of the
United Nations High Commissioner for Human Rights and the United Nations Development
Programme in Seoul on 15 and 16 September 2004, and notes the discussions held on each of the
four themes considered at the seminar, including:
(a) The need for human rights education, including training of judges and lawyers
and active law reform programmes to ensure that the rule of law promotes justice for all,
including members of vulnerable and marginalized groups;
(b) The need for Governments to ensure that services are delivered to all members of
the public in a transparent and accountable manner that is adapted to the particular needs of the
population and promotes and protects human rights;
(c) The importance of deepening democracy beyond free and fair elections, to
include other elements essential to the development of a truly transparent, responsible,
accountable and participatory government; and

(d) The importance of taking measures, both within countries and at the international
level, that promote transparency and combat corruption, including entry into force and
implementation of the United Nations Convention against Corruption as well as the
United Nations Convention against Transnational Organized Crime, so as to eliminate corruption
and the multiple negative impacts that it has on human rights;
5. Requests the Office of the High Commissioner:
(a) To ensure that relevant United Nations agencies and other bodies with governance
programmes, including relevant international financial and development institutions, are aware
of the outcomes of the Seminar, and to encourage them to examine whether their approaches to
good governance promote human rights;
(b) To publish a selection of practices arising from the Seminar and the material
provided by States, intergovernmental organizations and non-governmental organizations, for
consultation by States;
(c) To convene a seminar in 2006, from extrabudgetary resources, on the role of
anti-corruption measures at the national and international levels in good governance practices for
the promotion and protection of human rights;
6. Decides to continue its consideration of this question at its sixty-second session
under the same agenda item.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 569 to 576.]
2005/69. Human rights and transnational corporations and other business
enterprises
The Commission on Human Rights,
Recalling its decision 2004/116 of 20 April 2004 on the responsibilities of transnational
corporations and related business enterprises with regard to human rights,
Welcoming the report of the United Nations High Commissioner for Human Rights on
the responsibilities of transnational corporations and related business enterprises with regard to
human rights (E/CN.4/2005/91),
Recognizing that transnational corporations and other business enterprises can contribute
to the enjoyment of human rights, inter alia through investment, employment creation and the
stimulation of economic growth,
Recognizing also that the responsible operation of transnational corporations and other
business enterprises and effective national legislation can contribute to the promotion of respect
for human rights and assist in channelling the benefits of business towards this goal,

1. Requests the Secretary-General to appoint a special representative on the issue of
human rights and transnational corporations and other business enterprises, for an initial period
of two years, who shall submit an interim report to the Commission at its sixty-second session
and a final report at its sixty-third session, with views and recommendations for the
consideration of the Commission, with the following mandate:
(a) To identify and clarify standards of corporate responsibility and accountability for
transnational corporations and other business enterprises with regard to human rights;
(b) To elaborate on the role of States in effectively regulating and adjudicating the
role of transnational corporations and other business enterprises with regard to human rights,
including through international cooperation;
(c) To research and clarify the implications for transnational corporations and other
business enterprises of concepts such as complicity and sphere of influence;
(d) To develop materials and methodologies for undertaking human rights impact
assessments of the activities of transnational corporations and other business enterprises;
(e) To compile a compendium of best practices of States and transnational
corporations and other business enterprises;
2. Underlines that the Special Representative should take into account in his or her
work the report of the High Commissioner and the contributions to that report provided by all
stakeholders, as well as existing initiatives, standards and good practices;
3. Requests the Special Representative, in carrying out the mandate in paragraph 1
above, to liaise closely with the Special Adviser to the Secretary-General for the Global Compact
and to consult on an ongoing basis with all stakeholders, including States, the Global Compact,
international and regional organizations such as the International Labour Organization, the
United Nations Conference on Trade and Development, the United Nations Environment
Programme and the Organization for Economic Cooperation and Development, transnational
corporations and other business enterprises, and civil society, including employers
organizations, workers organizations, indigenous and other affected communities and
non-governmental organizations;
4. Requests the Office of the High Commissioner to provide all necessary
administrative support and financial and human resources to the Special Representative in
carrying out this mandate;
5. Requests the High Commissioner to convene annually, in cooperation with the
Special Representative, a meeting with senior executives from companies and experts from a
particular sector, such as the pharmaceutical, extractive or chemical industries, to consider,
within the mandate of the Special Representative as set out in paragraph 1 above, the specific
human rights issues faced by those sectors, to raise awareness and share best practice, and to
report on the outcome of the first meeting to the Commission at its sixty-second session, under
the same agenda item;

6. Decides to continue its consideration of this question at its sixty-second session;
7. Recommends the following draft decision to the Economic and Social Council
for adoption:
[For the text, see chap. I, sect. B, draft decision 20.]
59th meeting
20 April 2005
[Resolution adopted by a recorded vote of 49 votes to 3, with 1 abstention, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Canada, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea,
Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania, Mexico, Nepal,
Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation,
Saudi Arabia, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland,
Zimbabwe.
Against: Australia, South Africa, United States of America.
Abstaining: Burkina Faso.
See chap. XVII, paras. 577 to 581.]
2005/70. Human rights and transitional justice
The Commission on Human Rights,
Reaffirming the Universal Declaration of Human Rights and other existing international
instruments,
Bearing in mind the relevant provisions contained in previous resolutions of the
General Assembly and the Commission, in particular in its resolution 2004/72 of 21 April 2004
on impunity,
Recalling the report of the Panel on United Nations Peace Operations (see
A/55/305-S/2000/809), in particular its recommendations concerning the Office of the
United Nations High Commissioner for Human Rights, and noting the report of the
Secretary-General on the rule of law and transitional justice in conflict and post-conflict
societies (S/2004/616), including relevant recommendations contained therein,
Welcoming the activities of the United Nations, including through its field presences, in
assisting States to establish transitional justice mechanisms and promote the rule of law,
Welcoming also the increased integration of a human rights perspective, including
through activities of the Office of the High Commissioner in cooperation with other relevant
parts of the United Nations system, in the United Nations activities related to transitional justice,
as well as the importance given to the rule of law and transitional justice by the United Nations
High Commissioner for Human Rights and her Office, including its Rule of Law and Democracy
Unit,

Underlining the importance and urgency of national and international efforts to restore
justice and the rule of law in conflict and post-conflict situations and, where relevant, in the
context of transitional process, and emphasizing the importance of the full range of political,
judicial and non-judicial mechanisms in order to ensure accessibility and accountability and to
serve justice, promote and achieve reconciliation and to restore confidence in the institutions of
the State, in accordance with international human rights standards and the principle of
non-discrimination,
Emphasizing that justice, peace, democracy and development are mutually reinforcing
imperatives,
Stressing that the full range of civil, cultural, economic, political and social rights shall be
taken into account in any transitional justice context,
Stressing also the importance of a comprehensive process of national consultation,
particularly with those affected by human rights violations, in contributing to a holistic
transitional justice strategy that takes into account the particular circumstances of every situation
and in conformity with international human rights standards,
Recognizing the important role played in the realization of transitional justice goals and in
the reconstruction of the society by:
(a) Victims associations, human rights defenders and other actors of civil society, as
well as national human rights institutions created in conformity with the Principles relating to the
status of national institutions for the promotion and protection of human rights (Paris Principles),
(b) Womens organizations in the design and establishment of transitional justice
mechanisms, so that women are represented in their structures and that a gender perspective and
womens concerns are reflected in their mandates,
(c) Free and independent media in informing the public about the human rights
dimension in the area of transitional justice mechanisms locally, nationally and internationally,
Emphasizing the need to provide gender-sensitive training in the context of transitional
justice to all relevant national actors, including police, prosecution and members of the judiciary,
in dealing with victims of human rights violations, particularly women and girls,
Underlining the need for the rights of both victims and accused persons to be respected,
in accordance with international standards, with particular attention to groups most affected by
conflicts and the breakdown of the rule of law, among them women, children, migrants,
refugees, persons with disabilities and persons belonging to minorities, and to ensure that
specific measures are taken for their free participation and protection as well as for the
sustainable return of refugees and internally displaced persons in safety and dignity,
1. Calls upon States to assist the United Nations in its ongoing work on the relevant
recommendations of the report of the Secretary-General, including by cooperating fully with
United Nations field presences in the area of human rights and transitional justice as well as by
facilitating the work of relevant special procedures;

2. Also calls upon the international community and regional organizations to assist
countries in the context of transitional justice to ensure the promotion and protection of
international human rights;
3. Requests the Office of the High Commissioner to enhance its leading role in
assisting States to develop and implement transitional justice mechanisms from a human rights
perspective, while stressing the importance of close cooperation between the Office of the
High Commissioner and other relevant parts of the United Nations as well as other international
and non-governmental organizations with regard to the ongoing process of strengthening the
United Nations system in the area of the rule of law and transitional justice;
4. Also requests the Office of the High Commissioner to submit, in consultation with
other parts of the United Nations system, civil society and other stakeholders, a study on human
rights and transitional justice activities undertaken by the human rights components of the
United Nations that would include an analysis of the work accomplished, a compilation of
lessons learned and best practices as well as conclusions and recommendations, with a view to
assisting countries in the context of transitional justice;
5. Requests other parts of the United Nations system to cooperate fully with the
Office of the High Commissioner in the area of human rights and transitional justice;
6. Decides to continue its consideration of this matter at its sixty-second session
under the same agenda item.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 582 to 585.]
2005/71. Regional cooperation for the promotion and protection of human rights in
the Asian and Pacific region
The Commission on Human Rights,
Recalling its resolution 2004/74 of 21 April 2004,
Stressing that regional cooperation can play an important role in promoting universal
respect for, and observance of, human rights and fundamental freedoms,
Stressing the importance of the linkage and mutually reinforcing aspects of all four areas
of the Framework of Regional Technical Cooperation Programme in Asia and the Pacific
(E/CN.4/1998/50, annex II) adopted at the sixth Workshop on Regional Arrangements for the
Promotion and Protection of Human Rights in the Asian and Pacific Region, held in Tehran
from 28 February to 2 March 1998, namely human rights education, national institutions for the
promotion and protection of human rights, national plans of action for the promotion and
protection of human rights and the strengthening of national human rights capacities, and
strategies for the realization of the right to development and economic, social and cultural rights,

Welcoming the convening of the thirteenth Workshop on Regional Cooperation for the
Promotion and Protection of Human Rights in the Asian and Pacific Region, to be held in
Beijing from 30 August to 2 September 2005,
1. Takes note of the note by the Secretariat (E/CN.4/2005/105);
2. Welcomes the convening of the Inter-Sessional Expert Meeting on
National Human Rights Plans of Action and Human Rights Education in the Asian-Pacific
Region, held in Bangkok from 20 to 22 October 2004, and the Subregional Workshop for Judges
and Lawyers on the Justiciability of Economic, Social and Cultural Rights in South-East Asia,
held in Manila from 3 to 5 November 2004;
3. Also welcomes the efforts of the Office of the United Nations High Commissioner
for Human Rights in developing partnerships for the implementation of its activities under the
Framework for Regional Technical Cooperation in Asia and the Pacific to enhance national
capacities for the promotion and protection of human rights in the region;
4. Further welcomes the offer by the Government of Qatar to host a United Nations
centre for human rights for South-West Asia and the Arab Region in Doha in order to support the
development of national human rights capacities and infrastructure;
5. Requests the Secretary-General to submit to the Commission at its sixty-second
session a report containing the conclusions of the thirteenth Workshop on Regional Cooperation
for the Promotion and Protection of Human Rights in the Asian and Pacific Region and
information on the progress achieved in the implementation of the present resolution;
6. Decides to continue its consideration of the question at its sixty-second session
under the same agenda item.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVIII, paras. 608 to 610.]
2005/72. Composition of the staff of the Office of the United Nations
High Commissioner for Human Rights
The Commission on Human Rights,
Recalling that, in its report to the Special Commission of the Economic and Social
Council (E/CN.4/1988/85 and Corr.1), the Commission reaffirmed that the paramount
consideration for employing staff at every level was the need for the highest standards of
efficiency, competence and integrity and was convinced that this objective was compatible with
the principle of equitable geographical distribution and took into account Article 101,
paragraph 3, of the Charter of the United Nations,

Recalling also Part II, paragraphs 11 and 17, of the Vienna Declaration and Programme
of Action (A/CONF.157/23), in which the World Conference on Human Rights requested the
Secretary-General and the General Assembly to provide sufficient human, financial and other
resources to the Centre for Human Rights to enable it effectively, efficiently and expeditiously to
carry out its activities, while recognizing the necessity for restructuring United Nations human
rights machinery, in accordance with its real needs,
Reaffirming the significance of national and regional particularities and various historical,
cultural and religious backgrounds, as well as of different political, economic and legal systems,
Recognizing that the United Nations pursues multilingualism as a means of promoting,
protecting and preserving diversity of languages and cultures globally and that genuine
multilingualism promotes unity in diversity and international understanding,
Taking into account the need to pay particular attention to the recruitment of personnel
for the Office of the United Nations High Commissioner for Human Rights from unrepresented
and underrepresented Member States, particularly from developing countries and countries with
economies in transition, thus improving the present staff composition, based on a more equitable
geographical distribution,
Reiterating its deep concern that the report of the United Nations High Commissioner for
Human Rights (E/CN.4/2005/109) concerning the geographical composition and the functions of
the Office staff clearly reflects that one region is unequivocally overrepresented in the staff
composition and that the imbalance remains (see the annexes to the present resolution),
Expressing again its concern over the non-representation and underrepresentation of
several Member States, especially developing countries and countries with economies in
transition, on the staff of the Office of the High Commissioner, many of them also
non-represented or underrepresented at the level of the whole Secretariat, particularly bearing
in mind the criteria of equitable geographical distribution,
Expressing its concern also that the prevalence of project personnel has skewed
the geographical distribution of the staff of the Office towards Western Europe and
North America, compared to the Secretariat-wide pattern, as has the geographical distribution
of consultants,
Noting with grave concern that the dependency of the Office on extrabudgetary resources
is at the heart of the imbalance in the composition of its staff,
1. Takes note of the report of the High Commissioner on the composition of the staff
of the Office of the High Commissioner and the measures proposed or implemented by the
Office, as described therein, although they have not improved the situation for the last few years;
2. Welcomes the fact that the High Commissioner recently submitted a
comprehensive proposal to the Office of Human Resources Management that will effectively
discontinue the practice of hiring temporary staff for regular functions of the Office of the
High Commissioner through the regularization of all core posts at headquarters and in the field to
align the recruitment policy of the Office with that of the United Nations Secretariat;

3. Regrets that most of the measures described therein are not new and, as the
statistics show, they are either inadequate or inadequately or insufficiently applied and they have
failed to produce any concrete improvement in the geographical distribution of the staff of the
Office to date, and that the report does not provide for specific targets and deadlines to be
achieved in order to reduce the current imbalance in the staff, as requested in paragraph 23 (a) of
Commission resolution 2004/73 of 21 April 2004;
4. Expresses its concern that, while nationals of 30 out of 43 developed countries are
represented in the staff of the Office of the High Commissioner, the overwhelming majority of
developing countries, 102 out of 148, have not a single national on the staff of the Office, despite
the fact that 13 out of 15 unrepresented countries and 6 out of the 10 underrepresented countries
at the level of the whole Secretariat are developing countries;
5. Also expresses its concern that the number of nationals of most of the developed
countries overrepresented, underrepresented or within range at the level of the whole Secretariat
outnumber by many times the average number of nationals of individual developing countries
represented on the staff of the Office of the High Commissioner;
6. Recalls that the General Assembly has requested the Secretary-General to hold
accountable the heads of the relevant departments for the human resources action plans and to
ensure that they in turn take due account of equitable geographical representation when
considering candidates on the lists endorsed by the central review bodies, as well as candidates
on the rosters, and to report to the General Assembly annually on progress made by departments
in the implementation of their respective human resources action plans;
7. Expresses its grave concern at the conclusion contained in the report of the Joint
Inspection Unit entitled Management review of the Office of the United Nations High
Commissioner for Human Rights (JIU/REP/2003/6) transmitted to the General Assembly in a
note of the Secretary-General (A/59/65-E/2004/48 and Add.1) that the unbalanced geographical
distribution of staff is a serious, endemic problem in the Office of the High Commissioner;
8. Regrets that, despite the repeated requests by the Commission to correct the
unbalanced geographical distribution of the staff, the situation remains that one region accounts
for more than half of the posts of the Office of the High Commissioner and for more posts than
the four remaining regional groups combined, and that there has been a bigger increase in the
number of posts not subject to geographical distribution than in those subject to geographical
distribution, which account for little more than one third of the total staff;
9. Takes note with appreciation that the recommendations for the selection of staff
for technical cooperation activities and advisory services will be subject to the review of the
Offices internal Advisory Panel on Personnel Issues and that the composition of the Advisory
Panel has been reviewed to balance its geographical distribution, as requested by Commission
resolution 2004/73, and requests the High Commissioner to ensure that it contributes to the
improvement of the composition of the staff of the Office in general and to report to the
Commission on the current composition of the Advisory Panel;

10. Takes note of the recommendation of the High Commissioner that the Office
of Human Resources Management establish a human rights occupational group to attract to
the area of human rights qualified junior professionals from unrepresented and
underrepresented countries, while stressing that it would be more effective for the Office of
the High Commissioner to provide the Office of Human Resources Management with a list
of countries unrepresented or underrepresented within the Office, and therefore requests that
the Office of the High Commissioner compile annually such a list and that the Office of Human
Resources Management take that list into consideration when organizing competitive
examinations;
11. Welcomes the statement in the report that the Office of the High Commissioner
has instituted measures to apply the Organizations principles of geographical distribution with
particular regard to unrepresented and underrepresented developing countries when filling
extrabudgetary posts, involving the screening of candidates at the initial recruitment stage,
including of short-term staff, to ensure that, between equally qualified candidates, priority is
given to candidates from such countries, but regrets that in the last year there has been a further
increase in the number of staff not subject to geographical distribution from one regional group,
enlarging the existing chronic geographical imbalance, and requests the High Commissioner to
use the policy of new recruitment to correct the current imbalance in the composition of the staff
of the Office;
12. Also welcomes the assurance of the High Commissioner that she attaches the
utmost importance to equitable geographical representation, as well as to the need for the highest
standards of efficiency, competence and integrity on the part of the staff of her Office and the
fact that the High Commissioner has paid particular attention to geographical diversity in the
recruitment of the senior managers, since four out of seven posts subject to geographical
distribution at the D-1 level and above are encumbered by staff from developing countries;
13. Expresses its concern about the widespread assignment of technical advisers
(staff holding appointments under the 200 series of the Staff Rules of the United Nations) to
carry out line functions, which should be performed by 100-series staff, and to supervise staff
under the 100 series of the Staff Rules, a practice against established policies that should be
discontinued;
14. Stresses that the proposal made in the last year by the Office of the
High Commissioner to the Office of Human Resources Management to reduce the number
of 200-series contracts of staff performing core functions by converting their 200-series contracts
into 100-series contracts, limited to service with the Office of the High Commissioner, is against
United Nations human resources policies, regulations and rules and is, therefore, unacceptable;
15. Requests the Office of the High Commissioner to observe fully United Nations
human resources policies, regulations, rules and practices and, therefore, to align without further
delay its human resources practices and procedures, in particular its recruitment and contractual
policies, with Secretariat human resources policies, rules, regulations and practices and,
furthermore, to check and align its post-classification criteria with those of the Secretariat before
any post is advertised and to discontinue the practice of advertising extrabudgetary posts without
first checking the classification criteria with the United Nations Office at Geneva;

16. Reiterates the need for the High Commissioner to observe the provisions
contained in section X, paragraph 3, of General Assembly resolution 55/258 of 14 June 2001 on
human resources management, which reiterates its request to the Secretary-General to increase
further his efforts to improve the composition of the Secretariat by ensuring a wide and equitable
geographical distribution of staff in all departments;
17. Also reiterates that it is necessary to take urgent, concrete and immediate action
to change the currently prevailing geographical distribution of staff of the Office in favour of a
more equitable distribution of posts, in accordance with Article 101 of the Charter, particularly
by recruiting personnel from developing countries and countries with economies in transition,
including to senior posts;
18. Requests once again the Secretary-General to take the necessary measures to
ensure that particular attention is paid to recruiting personnel from unrepresented and
underrepresented Member States, in particular from developing countries and countries with
economies in transition, for the existing vacancies and for additional posts in the Office of the
High Commissioner to ensure an equitable geographical distribution and a better gender balance,
giving particular priority in this regard to recruitment for high-level and Professional posts;
19. Urges donors to make their voluntary contributions unearmarked, as much as
possible, to enable the High Commissioner flexibility in the allocation of staff and resources
between the different activities and projects;
20. Requests once again the Secretary-General, in signing agreements with
countries as a result of which Junior Professional Officers are provided to the Office of the
High Commissioner, to urge those countries to ensure the allocation of additional financial
resources to guarantee that personnel from developing countries are able to work as Junior
Professional Officers, with a view to conforming with the principle of equitable geographical
distribution; furthermore, a permanent mechanism must be established, by virtue of which every
Junior Professional Officer from a donor country who joins the Office will be matched by
another Junior Professional Officer from a developing country;
21. Emphasizes the importance of openly advertising all posts, including ad hoc
appointments for field operations, including the dissemination of detailed job descriptions among
all States prior to the filling of those posts;
22. Requests the High Commissioner to ensure that Junior Professional Officers are
not given either sensitive political or core assignments where their impartiality may be
questioned;
23. Reiterates the standing rule that consultants shall not perform functions of staff
members of the Organization nor have any representative or supervisory responsibility, and calls
upon the High Commissioner to:
(a) Refrain from using consultants to carry out functions assigned to established
posts;

(b) Strictly observe the existing rules and relevant resolutions of the
General Assembly in hiring consultants, in particular to ensure and certify that expertise is
not available within the Organization before deciding to hire them;
(c) Make greater efforts to ensure geographical balance among qualified consultants
and individual contractors;
24. Reaffirms the importance of ensuring universality, objectivity and non-selectivity
in the consideration of human rights issues and requests the High Commissioner to continue to
ensure that the fulfilment of her mandate and that of the Office is guided by these principles;
25. Stresses that the staff of the Office of the High Commissioner need to maintain
their neutrality and fully respect the independence of the work of all mechanisms of the
Commission and the treaty bodies, while providing support to their functioning;
26. Requests the High Commissioner:
(a) To ensure that the one-time post regularization of all core posts at headquarters
and in the field results in a new and balanced geographical distribution of the staff of the Office,
advertising the posts to be regularized and filling them in a transparent and competitive manner,
following United Nations practices and provisions;
(b) To prepare a comprehensive action plan aimed at reducing the current imbalance
in the staff, indicating specific targets and deadlines to be achieved;
(c) To avoid overlapping and duplication of functions and to work towards the goal
of increased effectiveness and improved management, taking into account the relevant
resolutions and decisions, including the request of the General Assembly for streamlined
management, as well as the recommendations made in that regard, when proposing new
structures, posts and reclassifications of posts, including those of senior management, with a
view to ensuring optimal leadership and consistency of structures;
(d) To use also the programmes and funds for technical cooperation and human rights
education for the training of national technical personnel in developing countries and countries
with economies in transition through the use of Junior Professional Officers from these
countries, with a view to guaranteeing that personnel from developing countries are able to work
as Junior Professional Officers and that every Junior Professional Officer from a donor country
who joins the Office will be matched by another Junior Professional Officer from a developing
country;
(e) To submit a comprehensive report on the implementation of the present resolution
to the Commission at its sixty-second session, which should include:
(i) The composition of the staff of the Office, organized by the five
United Nations regional groups established by the General Assembly
(African States, Asian States, Latin American and Caribbean States,
Western European and Other States and Eastern European States) and
reflecting, inter alia, grade, nationality and gender, including with regard to
non-regular staff;

(ii) The action plan, as well as the measures adopted to implement it, concrete
achievements and their results;
(iii) The measures taken to implement other actions requested by the present
resolution and their achievements;
(iv) Any further recommendations to improve the current situation;
27. Draws the attention of the General Assembly to the present resolution in the
context of the consideration of the agenda item on human resources management;
28. Invites the General Assembly and its appropriate subsidiary bodies, inter alia,
the Advisory Committee on Administrative and Budgetary Questions, the Committee for
Programme and Coordination and the Fifth Committee of the Assembly, to give due
consideration to the present resolution and to the report of the Joint Inspection Unit entitled
Management review of the Office of the United Nations High Commissioner for Human
Rights, in particular to any other organization, management, executive direction, structure,
administrative, financial and more technical human resources management issues and
recommendations contained therein and not addressed in this resolution;
29. Recalls its request to the Joint Inspection Unit to assist the Commission to
monitor systematically the implementation of the present resolution and to submit a follow-up
comprehensive review of the implementation of the decisions of the Commission and other
United Nations intergovernmental bodies regarding the management, programmes and
administration of the Office of the High Commissioner, in particular, with regard to their
impact on the recruitment policies and the composition of the staff, to the Commission at its
sixty-third session and to the General Assembly at its sixty-first session, containing any concrete
proposals for corrective action, if required, for the implementation of the relevant
intergovernmental bodies resolutions, including the present resolution;
30. Decides to consider this matter under the same agenda item at its
sixty-second session.
59th meeting
20 April 2005
[Resolution adopted by a recorded vote of 36 votes to 15, with 2 abstentions, as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Gabon, Guinea, Honduras, India, Indonesia, Kenya,
Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Qatar, Russian Federation, Saudi Arabia,
South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands,
Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States
of America.
Abstaining: Guatemala, Peru.
See chap. XVIII, paras. 611 to 616.]

ANNEX I
Staff of the Office of the United Nations High Commissioner for Human Rights
Geographical distribution (by number of posts)*

Posts subject to geographical Posts not subject to Total
Regional groups distribution geographical distribution
2001 2002 2003 2004 2005 2001 2002 2003 2004 2005 2001 2002 2003 2004 2005
African States 10 12 10 9 6 21 22 24 25 22 31 34 34 34 28
Asian States 13 17 16 16 18 6 9 8 11 14 19 26 24 27 32
Latin America 9 9 9 9 7 10 13 15 19 21 19 22 24 28 28
and Caribbean
States
Eastern Europe 5 5 6 7 7 6 6 7 7 6 11 11 13 14 13
States
Western Europe 41 48 45 46 50 69 85 96 104 110 110 133 141 150 160
and Other
States**
Total of posts 78 91 86 87 88 112 135 150 166 173 190 226 236 253 261

* Figures for 2005 were based on tables 1 and 2 of the report of the High Commissioner
(E/CN.4/2005/109). The figures for the earlier years were based on the reports of the High Commissioner
for those years.
** Includes Switzerland and Israel.
ANNEX II
Staff of the Office of the United Nations High Commissioner for Human Rights
Geographical distribution
(Percentage)*

Regional groups Posts subject to geographical distribution Posts not subject to geographical distribution Total
2001 2002 2003 2004 2005 2001 2002 2003 2004 2005 2001 2002 2003 2004 2005
African States 13 13 11.6 10.3 6.8 19 16 16 15.1 12.7 16 15 14.4 13.4 10.7
Asian States 17 19 18.6 18.4 20.4 5 7 5 6.6 8.1 10 11 10.1 10.7 12.3
Latin America 11 10 10.5 10.3 8 9 10 10 11.4 12.1 10 10 10.1 11.1 10.7
and Caribbean
States
Eastern Europe 6 5 7 8.0 8 5 4 5 4.2 3.5 6 5 5.5 5.5 5
States
Western Europe 53 53 52.3 52.9 56.8 62 63 64 62.7 63.6 58 59 59.8 59.3 61.3
and Other
States**

* Percentages for 2005 were calculated based on tables 1 and 2 of the report of the High Commissioner
(E/CN.4/2005/109). The figures for the earlier years were calculated based on the reports of the
High Commissioner for those years.
** Includes Switzerland and Israel.

ANNEX III
Representation of developed and developing countries on the staff of the Office of the United Nations High Commissioner
for Human Rights by categories of representation at the whole Secretariat and by type of posts: subject and not subject to
equitable geographical distribution
Distribution (by number of countries)*

Developed countries Developing countries Total all
countries
Countries Countries Countries Countries Total Countries Countries Countries Countries Total
represented represented represented in with no represented represented represented in with no
only in only in posts both representation only in only in posts both representation
geographically not subject to categories at all at the geographically not subject to categories at all at the
distributed posts geographical Office distributed posts geographical Office
in the Office distribution in the Office distribution
Unrepresented 2 2 13 13 15
Underrepresented 1 2 3 2 1 4 7 10
Overrepresented 2 3 3 8 1 5 3 4 13 21
Within ranges 2 9 8 11 30 11 15 8 81 115 145
Total 4 13 13 13 43 14 20 12 102 148 191

* The classification of countries by categories of representation in the staff is from the lists of the report of the Secretary-General (A/59/299) as
at 30 June 2004. The classification of developing countries is based on the list of aid beneficiaries of the Development Assistance Committee of the Organization for
Economic Cooperation and Development.

2005/73. Regional arrangements for the promotion and protection of human rights
The Commission on Human Rights,
Recalling its resolution 1993/51 of 9 March 1993 and its subsequent resolutions
concerning regional arrangements for the promotion and protection of human rights,
Recalling also General Assembly resolution 32/127 of 16 December 1977 and its
subsequent resolutions in this regard,
Bearing in mind the relevant resolutions of the Commission concerning advisory services
and technical cooperation in the field of human rights, including its most recent on that subject,
resolution 2004/81 of 21 April 2004,
Bearing in mind also the Vienna Declaration and Programme of Action adopted
on 25 June 1993 by the World Conference on Human Rights (A/CONF.157/23), which
reiterates, inter alia, the need to consider the possibility of establishing regional and subregional
arrangements for the promotion and protection of human rights where they do not already exist,
Recalling that the World Conference recommended that more resources should be made
available for the strengthening of regional arrangements for the promotion and protection of
human rights under the programme of technical cooperation in the field of human rights of the
Office of the United Nations High Commissioner for Human Rights,
Reaffirming that regional arrangements play an important role in promoting and
protecting human rights and should reinforce universal human rights standards, as contained in
international human rights instruments,
Noting the progress achieved thus far in the promotion and protection of human rights at
the regional level under the auspices of the United Nations, the specialized agencies and the
regional intergovernmental organizations,
Considering that cooperation between the United Nations and regional arrangements in
the field of human rights continues to be both substantive and supportive and that possibilities
exist for increased cooperation,
Welcoming the fact that the Office of the High Commissioner has been systematically
pursuing a regional and subregional approach through a variety of complementary means and
methods, in order to maximize the impact of the activities of the United Nations at the national
level,
1. Takes note with satisfaction of the report of the Secretary-General on regional
arrangements for the promotion and protection of human rights (E/CN.4/2005/104);
2. Welcomes the continuing cooperation and assistance of the Office of the
High Commissioner in the further strengthening of the existing regional arrangements and
regional machinery for the promotion and protection of human rights, in particular through
technical cooperation which is aimed at national capacity-building, public information and
education, with a view to exchanging information and experience in the field of human rights;

3. Also welcomes, in that respect, the close cooperation of the Office of the
High Commissioner in the organization of regional and subregional training courses and
workshops in the field of human rights, high-level governmental expert meetings and regional
conferences of national human rights institutions, aimed at creating greater understanding in the
regions of issues concerning the promotion and protection of human rights, improving
procedures and examining the various systems for the promotion and protection of universally
accepted human rights standards and identifying obstacles to ratification of the principal
international human rights treaties and strategies to overcome them;
4. Recognizes, therefore, that progress in promoting and protecting all human rights
depends primarily on efforts made at the national and local levels, and that the regional approach
should imply intensive cooperation and coordination with all partners involved, while bearing in
mind the importance of international cooperation;
5. Stresses the importance of the programme of technical cooperation in the field of
human rights, renews its appeal to all Governments to consider making use of the possibilities
offered by the United Nations under this programme for organizing information or training
courses at the national level on the application of international human rights standards and the
experience of relevant international bodies, and notes with satisfaction, in that respect, the
establishment of technical cooperation projects with Governments of all regions;
6. Welcomes the growing exchanges between the United Nations and the
United Nations human rights treaty bodies, on the one hand, and regional organizations, such as
the Council of Europe, the Organization for Security and Cooperation in Europe, the League of
Arab States, the Inter-American Commission on Human Rights, the African Commission on
Human and Peoples Rights, the International Organization of la Francophonie and other
regional institutions, on the other;
7. Also welcomes the placement by the Office of the High Commissioner of regional
representatives in subregions and in regional commissions, in particular the placement of a
senior human rights adviser with the United Nations Country Team in Fiji to cover the Pacific
region as well as the deployment of a regional adviser for Central Asia;
8. Further welcomes the progress achieved in the establishment of regional and
subregional arrangements for the promotion and protection of human rights, and in this regard,
notes with interest:
(a) The positive experience of the regional and subregional presences of the Office of
the High Commissioner in southern, central and eastern Africa aiming at the strengthening of
national and subregional human rights capacities;
(b) The support provided by the Office to the African Union for the strengthening of
its human rights system, and welcoming in this regard the entry into force of the Protocol to the
African Charter on Human and Peoples Rights on the Establishment of an African Court on
Human and Peoples Rights;
(c) The holding of African Dialogue III, Strengthening human rights protection
systems in Africa: the role of the judiciary and parliaments, organized by the Office, in
Addis Ababa from 6 to 8 December 2004;

(d) The increased, valuable sharing of concrete national experiences at the twelfth
Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the
Asian-Pacific Region, held in Doha from 2 to 4 March 2004, including the adoption of a plan of
action for 2004-2006, regarding the implementation of the Framework of Regional Technical
Cooperation Programme in Asia and the Pacific (E/CN.4/1998/50, annex II), which contributes
to the enhancement of the promotion and protection of human rights in the region, and welcomes
in this regard the offer by the Government of Qatar to host in Doha a United Nations centre for
human rights in South-West Asia and the Arab Region in order to support the development of
national human rights capacities and infrastructures;
(e) The ongoing consultations aimed at the possible establishment of regional
human rights arrangements held in the context of the Framework among Governments with the
support and advice of national human rights institutions and civil society organizations of the
Asian-Pacific Region;
(f) Activities undertaken in the framework of the regional project of the Office for
the promotion and protection of human rights in Latin America and the Caribbean and the
strengthening of the cooperation between the Office of the High Commissioner, the Organization
of American States and the Inter-American Commission on Human Rights;
(g) Activities undertaken in the framework of cooperation between the Office and
the League of Arab States and the intention to develop a broader technical cooperation
programme in cooperation with the League following the recent adoption of the Arab Charter
on Human Rights;
(h) The continued cooperation towards the realization of universal standards
between the Office and regional organizations in Europe and Central Asia, namely the
Organization for Security and Cooperation in Europe, the Council of Europe and the
European Union, in particular for activities at the country level, as well as the agreements
between the European Commission and the Office for financing technical cooperation projects;
9. Invites States in areas in which regional arrangements in the field of human rights
do not yet exist to consider concluding agreements with a view to establishing, within their
respective regions, suitable regional machinery for the promotion and protection of
human rights;
10. Requests the Secretary-General to continue to strengthen exchanges between the
United Nations and regional intergovernmental organizations dealing with human rights and to
make available adequate resources from within the regular budget of technical cooperation to the
activities of the Office of the High Commissioner to promote regional arrangements;
11. Requests the Office of the High Commissioner to continue to pay special
attention to the most appropriate ways of assisting countries of the various regions, at their
request, under the programme of technical cooperation and to make, where necessary, relevant
recommendations, and in this regard welcomes the decision of the Office to strengthen
national protection systems in accordance with Action 2 of the reform programme of the
Secretary-General (see A/57/387 and Corr.1);

12. Invites the Secretary-General, in the report he will submit to the
General Assembly at its sixty-first session, to provide information on progress made since the
adoption of the Vienna Declaration and Programme of Action on reinforcing the exchange of
information and extending collaboration between the organs of the United Nations dealing with
human rights and regional organizations in the field of the promotion and protection of
human rights;
13. Requests the Secretary-General to submit to the Commission at its
sixty-third session a report on the state of regional arrangements for the promotion and
protection of human rights, to formulate concrete proposals and recommendations on ways and
means to strengthen cooperation between United Nations and regional arrangements in the field
of human rights and to include therein the results of action taken in pursuance of the present
resolution;
14. Decides to consider this question further at its sixty-third session.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVIII, paras. 617 to 619.]
2005/74. National institutions for the promotion and protection of human rights
The Commission on Human Rights,
Recalling the relevant resolutions of the General Assembly, notably resolution 48/134
of 20 December 1993, and its own resolutions concerning national institutions for the promotion
and protection of human rights,
Welcoming international recognition of the importance of establishing and
strengthening independent, pluralistic national institutions for the promotion and protection
of human rights consistent with the Principles relating to the status of national institutions for
the promotion and protection of human rights (Paris Principles) annexed to General Assembly
resolution 48/134,
Convinced of the important role such national institutions play in promoting and
protecting human rights and fundamental freedoms and in developing and enhancing public
awareness of those rights and freedoms,
Recognizing that it is the prerogative of each State to choose, for the establishment of
a national institution, the legal framework that is best suited to its particular needs and
circumstances to ensure that human rights are promoted and protected at the national level in
accordance with international human rights standards,

Recalling the Vienna Declaration and Programme of Action adopted in June 1993 by the
World Conference on Human Rights (A/CONF.157/23), which reaffirmed the important and
constructive role played by national human rights institutions and their role in remedying human
rights violations and in the dissemination of human rights information and education concerning
human rights,
Recalling also the Programme of Action (see A/CONF.157/NI/6) adopted by national
institutions meeting in Vienna during the World Conference on Human Rights, which
recommended that United Nations activities and programmes should be reinforced to meet the
requests for assistance from States wishing to establish or strengthen their national institutions
for the promotion and protection of human rights,
Welcoming the strengthening of international cooperation among national human
rights institutions, including through the International Coordinating Committee of National
Institutions,
Noting the outcomes of the seventh International Conference of National Institutions for
the Promotion and Protection of Human Rights, held in Seoul from 14 to 17 September 2004, the
positive contribution of non-governmental organizations and the Seoul Declaration on upholding
human rights during conflict and while countering terrorism,
Welcoming the strengthening in all regions of regional cooperation among national
human rights institutions and between national human rights institutions and other regional
human rights forums,
Noting efforts to strengthen regional human rights networks, including the fifth European
meeting of national institutions for the promotion and protection of human rights, held in Berlin
on 26 and 27 November 2004, the third Round Table of National Human Rights Institutions
organized jointly by the German Institute for Human Rights and the Commissioner for
Human Rights of the Council of Europe in Berlin on 25 and 26 November 2004, the first
African Union Conference of National Human Rights Institutions held in Addis Ababa from 18
to 21 October 2004, the continuing work of the Network of National Human Rights Institutions
of the Americas, the Networks third General Assembly held in Buenos Aires from 9
to 11 June 2004, the international seminar on irregular migration and trafficking of people,
human rights and national institutions, held in Campeche, Mexico, from 10 to 11 March 2005,
and the work of the Asia Pacific Forum of National Human Rights Institutions, including the
holding of their ninth annual meeting in Seoul on 13 September 2004,
Noting the conclusions and programme of action adopted at the twelfth Workshop on
Regional Cooperation for the Promotion and Protection of Human Rights in the Asian and
Pacific Region held in Doha from 2 to 4 March 2004 with regard to the role of national
institutions (see E/CN.4/2004/89),
Noting also the creation of a francophone group of national institutions for human rights
in cooperation with the International Organization of la Francophonie,

Noting further the work of the Ibero-American Federation of Ombudsmen as a forum for
cooperation and exchange of experience,
Welcoming the call of the twelfth Workshop for the Promotion and Protection of
Human Rights in the Asia-Pacific Region for the Office of the United Nations
High Commissioner for Human Rights to support the subregional workshop for the Arab Region
on national human rights protection systems, including national human rights institutions, held
in Cairo, from 6 to 8 March 2005 with the support of the Egyptian National Council for
Human Rights,
Noting the valuable role played and contributions made by national institutions in
United Nations meetings dealing with human rights and the importance of their continued
appropriate participation,
1. Reaffirms the importance of the development of effective, independent, pluralistic
national institutions for the promotion and protection of human rights consistent with the
Paris Principles;
2. Reiterates the continued importance of the Paris Principles as a set of important
recommended guidelines of practice for national institutions, recognizes the value of further
strengthening their application and encourages States, national institutions and other interested
parties to consider ways to achieve this;
3. Welcomes the decisions of a growing number of States to establish, or to consider
establishing, national institutions consistent with the Paris Principles;
4. Encourages States to establish or, where they already exist, to strengthen such
institutions, as outlined in the Vienna Declaration and Programme of Action;
5. Recognizes that national institutions have a crucial role to play in promoting and
ensuring the indivisibility and interdependence of all human rights and calls upon all States to
ensure that all human rights are appropriately reflected in the mandate of their national human
rights institutions when established;
6. Takes note with satisfaction of the efforts of those States that have provided their
national institutions with more autonomy and independence, including through giving them an
investigative role or enhancing such a role, and encourages other Governments to consider
taking similar steps;
7. Recognizes the important and constructive role that individuals, groups and
organs of society can play for the better promotion and protection of human rights and
encourages efforts by national institutions to establish partnerships and increase cooperation with
civil society;
8. Welcomes greater efforts by the Office of the High Commissioner to engage
national institutions as partners and provide them with opportunities to exchange experiences
and best practices amongst themselves, and in this context welcomes:

(a) The International Workshop of National Institutions for the Promotion and
Protection of Human Rights on the theme of causes, effects and consequences of the
migratory phenomenon and human rights protection, held in Zacatecas, Mexico, on 14 and
15 October 2004, organized by the National Human Rights Commission of Mexico and the
Human Rights Commission of Zacatecas;
(b) The Round Table of National Human Rights Institutions and National
Machineries for the Advancement of Women held in Ouarzazate, Morocco, from 15 to
19 November 2004 with the Conseil consultatif des droits de lhomme of Morocco in
cooperation with the Division for the Advancement of Women, Department of Economic and
Social Affairs of the Secretariat of the United Nations; and
(c) The International Round Table on National Institutions and Good Governance
held in Suva from 13 to 15 December 2004 with the Fiji Human Rights Commission;
9. Also welcomes the engagement of the Office of the High Commissioner with
concerned national institutions on a regional level in relation to conflict prevention as well as the
prevention of torture;
10. Further welcomes the practice of national institutions and coordinating
committees of such institutions that conform with the Paris Principles of participating in an
appropriate manner in their own right in meetings of the Commission on Human Rights and its
subsidiary bodies;
11. Welcomes the report of the Secretary-General (E/CN.4/2005/107) on enhancing
the participation of national human rights institutions in the work of the Commission and its
subsidiary bodies and, in accordance with its recommendations, decides to request the
Chairperson of the sixty-first session of the Commission, in consultation with all relevant
stakeholders, to finalize, by the sixty-second session, the modalities for:
(a) Permitting national institutions that are accredited by the Accreditation
Subcommittee of the International Coordinating Committee of National Institutions under the
auspices of the Office of the High Commissioner, and coordinating committees of such
institutions, to speak, as outlined in the report, within their mandates, under all items of the
Commissions agenda, while stressing the need to maintain present good practices of
management of the agenda and speaking times in the Commission, to allocate dedicated seating
to national institutions for this purpose, and supporting their engagement with all the subsidiary
bodies of the Commission;
(b) Continuing the practice of issuing documents from national institutions under
their own symbol numbers;
12. Welcomes the continuation of the practice of national institutions convening
regional meetings and encourages national institutions, in cooperation with the Office of the
High Commissioner, to continue to organize similar events with Governments and
non-governmental organizations in their own regions;

13. Affirms the important role of national human rights institutions, in cooperation
with other mechanisms for the promotion and protection of human rights, in combating racial
and related forms of discrimination and in the protection and promotion of the human rights of
women and the rights of particularly vulnerable groups, including children and people with
disabilities;
14. Recognizes the important and constructive role that national institutions can play
in human rights education, including by the publication and dissemination of human rights
material and other public information activities during the World Programme for Human Rights
Education, and calls upon all existing national institutions to assist in the implementation of
human rights education training programmes across all relevant sectors of society, including
during the first phase of the World Programme (2005-2007), which will focus on primary and
secondary education;
15. Commends the United Nations High Commissioner for Human Rights for the
priority accorded to the establishment and strengthening of national human rights institutions,
including through technical cooperation, and calls upon the Office of the High Commissioner:
(a) To continue to strengthen its coordinating role in this field and to allocate the
resources necessary for this work from both core and extrabudgetary sources;
(b) To continue to support technical cooperation projects focused on specific
practical challenges faced by national institutions, including in the area of complaint handling;
16. Welcomes efforts, through the Secretary-Generals action 2 of the reform
programme (see A/57/387 and Corr.1), to ensure effective engagement by all parts of the
United Nations with national institutions and notes in this regard the importance of strengthening
the National Institutions Unit within the Office of the High Commissioner, including with
appropriate specialist expertise;
17. Expresses its appreciation to those Governments that have contributed additional
resources for the purpose of the establishment and strengthening of national human rights
institutions and their regional organizations;
18. Welcomes the important role of the International Coordinating Committee of
National Institutions, in close cooperation with the Office of the High Commissioner, in
assessing conformity with the Paris Principles and in assisting Governments and national
institutions, when requested, to follow up on relevant resolutions and recommendations
concerning the strengthening of national institutions;
19. Requests the Secretary-General to continue to provide, from within existing
resources, the necessary assistance for holding meetings of the International Coordinating
Committee during the sessions of the Commission, under the auspices of, and in cooperation
with, the Office of the High Commissioner;
20. Also requests the Secretary-General to continue to provide, from within existing
resources and from the United Nations Voluntary Fund for Technical Cooperation in the Field of
Human Rights, the necessary assistance for international and regional meetings of national
institutions;

21. Further requests the Secretary-General to report to the Commission at its
sixty-second session on the implementation of the present resolution and on ways and means of
enhancing participation of national human rights institutions in the work of the Commission;
22. Requests the Secretary-General to report to the Commission at its
sixty-second session on the process currently utilized by the International Coordinating
Committee to accredit national institutions in compliance with the Paris Principles and to ensure
that the process is strengthened with appropriate periodic review;
23. Decides to continue its consideration of this question at its sixty-second session.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XVIII, paras. 620 to 622.]
2005/75. Advisory services and technical assistance for Burundi
The Commission on Human Rights,
Reaffirming that all Member States have an obligation to promote and protect
human rights and fundamental freedoms,
Mindful that Burundi is required to implement all the international and regional
instruments to which it is a party,
Recalling its resolution 2004/82 of 21 April 2004,
Taking note of the report submitted by the assessment mission on the establishment of
an international judicial commission of inquiry for Burundi (S/2005/158), which visited the
country in May 2004 pursuant to the Security Council decision of 23 January 2004 and at the
request of the Transitional Government,
Acknowledging the efforts made by the United Nations, the African Union and the
European Union to contribute to a peaceful settlement of the Burundi crisis,
Also acknowledging the Arusha Peace and Reconciliation Agreement for Burundi
of 28 August 2000 and the duty of the Transitional Government to ensure the safety of all,
civil population groups in particular, in Burundian territory, and hopeful that, during the
electoral period and after the transition period, the issue of human rights will continue to receive
special attention,
Mindful of the need to back efforts by the Government of Burundi to ensure the safety of
humanitarian workers in accordance with the principles of international law,
Welcoming the progress achieved in the demobilization and reintegration programme,

Recognizing the important role of women in the reconciliation process and the search
for peace,
Applauding the close cooperation between the Government of Burundi and the
United Nations institutions in Burundi, in particular the United Nations Operation in Burundi
and the Office of the United Nations High Commissioner for Human Rights, in consolidating the
principles of human rights,
1. Takes note of the report of the independent expert (E/CN.4/2005/118) and of his
first mission to Burundi, from 4 to 13 October 2004;
2. Encourages the Transitional Government to continue its actions aimed at
associating all sectors of society in the work of national reconciliation through a structural
dialogue and the restoration of a secure institutional order and a strong justice system that are
safe and reassuring for everyone in order to restore democracy and peace in the interest of all
elements of the population of Burundi;
3. Welcomes the adoption of laws concerning the establishment, organization,
mandate and functioning of the National Defence Force and the National Police;
4. Takes note with satisfaction of the adoption of a law establishing the National
Truth and Reconciliation Commission, as well as its promulgation by the President of the
Republic on 5 January 2005, and encourages the Transitional Government to establish the
Commission without delay;
5. Requests the Transitional Government to complete the electoral process
while respecting freedom of opinion, expression and assembly in accordance with the
Arusha Agreement;
6. Encourages the Transitional Government, with support from its partners, to
continue the disarmament process as part of the national demobilization, disarmament and
reintegration programme;
7. Strongly condemns all acts of violence and violations of human rights and
international humanitarian law, and calls upon the Transitional Government to put an end,
as soon as possible, to impunity within the context of the rule of law and ensure that those
responsible for violence in general, and violence against women in particular, are brought to
justice in accordance with international conventions and the law;
8. Also condemns the sale and illegal distribution of weapons and related materials,
which hinder peace and security in the region;
9. Demands that the murderers of the Apostolic Nuncio, Mgr. Michael Courtney,
be brought to justice;
10. Takes note of the recent statement by the Forces nationales de libération
movement of Agathon Rwasa, in which he declares an end to the armed struggle and a return to
the negotiating table with a view to concluding a peace agreement with the Government, and

hopes that the regional initiative and mediation for peace in Burundi will consider, as soon as
possible, this movements position, and encourages all parties to settle conflicts by peaceful
means;
11. Encourages the continuing voluntary repatriation of refugees hosted in the
United Republic of Tanzania, pursuant to the tripartite agreements between the Office of the
United Nations High Commissioner for Refugees and the Governments of the United Republic
of Tanzania and Burundi, calls upon the parties concerned to establish and promote conditions
permitting voluntary, permanent return in full security, recommends to the Transitional
Government and humanitarian partners that they provide the displaced persons with
humanitarian assistance and facilitate their return and reintegration, and encourages the
Transitional Government to continue the settlement of disputes relating to the property of
repatriated and displaced persons;
12. Takes note of the ratification by the Government of Burundi of the Rome Statute
of the International Criminal Court (A/CONF.183/9) on 21 September 2004;
13. Welcomes the ratification by the Government of Burundi of the two optional
protocols to the Convention on the Rights of the Child, on the involvement of children in armed
conflict and on the sale of children, child prostitution and child pornography;
14. Strongly encourages the Transitional Government to continue to improve the
status of women, promote the reintegration of female victims of armed conflict and violence, and
improve their living conditions, while urging the parties that have not yet done so to stop using
child soldiers;
15. Welcomes the fact that the proportion of at least 30 per cent female membership
of institutions advocated in the Arusha Agreement has been established in the Constitution
promulgated by the President of the Republic on 18 March 2005;
16. Expresses its appreciation of the efforts by the mediators of the United Nations,
the African Union and the European Union in the search for a lasting solution to the problems of
Burundi and urges them to continue in this direction by calling for significant assistance to be
provided by the Government of Burundi so that it can meet the various challenges of
development;
17. Welcomes the International Conference on Peace, Security, Democracy and
Development in the Great Lakes Region, held at Dar es Salaam, United Republic of Tanzania,
on 19 and 20 November 2004, and requests the international community to support the efforts
of the Governments concerned to implement the conclusions and recommendations of that
meeting;
18. Urges States and international, governmental and non-governmental
organizations to coordinate planning initiatives so as to promote sustainable development with a
view to encouraging national reconstruction and reconciliation, with due consideration given to
the specificities of the crisis in Burundi;

19. Urges the Transitional Government to take the necessary steps to promote and
protect all human rights in Burundi and to end violence against women and impunity in the
country;
20. Declares its profound concern at the sexual violence against women and children
and requests the Transitional Government to take, in cooperation with civil society, special
measures to protect women and children;
21. Urges the Transitional Government to establish an independent national human
rights commission, in conformity with the Principles relating to the status of national institutions
for the promotion and protection of human rights (Paris Principles);
22. Expresses its concern regarding the honouring of the pledges made in Brussels
in January 2004 at the Forum of Partners for Development in Burundi and calls on all parties
concerned to honour those pledges in order to give impetus to the new drive for peace and
national reconciliation and reconstruction;
23. Strongly urges the international community to make greater assistance available
to the judicial system and the National Commission for the Rehabilitation of Sinistrés
(Survivors), and to increase the financial and human resources available to the field office of the
Office of the United Nations High Commissioner for Human Rights in Burundi so that it can
improve its work in the field and carry out its mandate effectively, and thanks all partners who
have provided support in this area;
24. Condemns, with the greatest vigour, the massacre committed against the civilian
Banyamulenge refugee population at Gatumba on 13 August 2004 and demands that the
perpetrators of these killings and those who helped them be brought to justice;
25. Calls upon all parties to take measures to prevent the proliferation of small arms
among the civilian population;
26. Requests the United Nations High Commissioner for Human Rights, in close
consultation with the Government of Burundi, to continue her programme of technical
assistance;
27. Also requests the independent expert to continue to study the situation of human
rights in Burundi, and requests him to submit an interim report to the General Assembly at its
sixtieth session, and to report thereon to the Commission at its sixty-second session;
28. Decides to continue its consideration of this question at its sixty-second session,
under the same agenda item.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XIX, paras. 639 to 641.]

2005/76. Assistance to Sierra Leone in the field of human rights
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights
and the African Charter on Human and Peoples Rights,
Recalling all its previous resolutions on the situation of human rights in Sierra Leone as
well as relevant resolutions of the Security Council,
Welcoming the essential work being carried out by the Special Court for Sierra Leone,
including the establishment of a second trial chamber, to address justice and impunity, and
welcoming also recommendations of the Truth and Reconciliation Commission aimed at
promoting reconciliation and national healing, and looking forward to the publication of the
report and the Government White Paper on it,
Expressing concern that ex-combatants who were involved in fighting in Liberia and
Côte dIvoire are now returning home to Sierra Leone and could threaten the progress achieved
in Sierra Leone,
Expressing concern also at increasing reports of child trafficking, including external
trafficking involving the moving of orphans outside of Sierra Leone,
Expressing concern further at the plight of amputees and other mutilated victims of the
armed conflict,
Recognizing the importance of good governance and transparency in the promotion of
human rights,
Recognizing also the importance of technical cooperation, advisory services and
capacity-building for the promotion and protection of human rights which will contribute to
peace, stability and sustainable development in Sierra Leone,
1. Welcomes:
(a) The report of the United Nations High Commissioner for Human Rights
(E/CN.4/2005/113), including her conclusion that the reporting period had witnessed a
continuing consolidation of progress in the field of political and civil rights in Sierra Leone,
but noting however her conclusion that this progress remains at risk due to shortcomings in the
area of economic, social and cultural rights, the report of the High Commissioner to the
General Assembly (see A/59/340), and the twenty-third and twenty-fourth reports of the
Secretary-General on the United Nations Mission in Sierra Leone (S/2004/724 and S/2004/965),
including the work of the Missions Human Rights Section;
(b) The ongoing work of the Special Court for Sierra Leone to bring to justice
those persons who bear the greatest responsibility for the commission of war crimes, crimes
against humanity and other serious violations of international humanitarian law, as well as
crimes under relevant Sierra Leonean law committed within the territory of Sierra Leone
since 30 November 1996;

(c) The enactment in July 2004 of legislation establishing the National Human Rights
Commission of Sierra Leone, the presentation to Parliament of bills for an Anti-Human
Trafficking Act and a Child Rights Act, and the production by the Law Reform Commission of
a draft bill on sexual offences;
(d) The activities undertaken by United Nations agencies, the National Commission
for Social Action and non-governmental and other organizations to facilitate transition from
relief to reconciliation, recovery and sustainable peace and development, including access to
food, education and health;
(e) Legislative measures taken by the Government to promote and protect the
human rights of women;
2. Urges the Government of Sierra Leone:
(a) To continue to promote and protect human rights in Sierra Leone, inter alia
through the early constitution and effective functioning of the National Human Rights
Commission of Sierra Leone, in accordance with the Principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles), further
strengthening of its judicial system as well as continued efforts to promote good governance and
transparency, and to continue to work closely and strengthen its cooperation with the Office of
the United Nations High Commissioner for Human Rights;
(b) To continue to give priority attention, in cooperation with the international
community, to programmes aimed at addressing the plight and special needs of all mutilated
victims and their dependants, and of women and children in its care, in particular those sexually
abused and gravely traumatized and displaced as a result of the conflict, and taking also into
consideration the needs of female ex-combatants and female camp followers who did not benefit
from disarmament, demobilization and reintegration;
(c) To continue to facilitate, in cooperation with the international community, the
effective functioning of the National Commission for War-Affected Children;
(d) To fully implement the legislative measures taken to promote and protect the
human rights of women and to consider developing further programmes aimed at combating
discrimination against women;
3. Decides:
(a) To request the international community to continue its support and provide
technical assistance to the judicial system in Sierra Leone, including the juvenile justice
system, to assist in the early constitution and functioning of the National Human Rights
Commission of Sierra Leone, and to support the Government of Sierra Leone in seeking
durable solutions to the problem of international trafficking of persons, particularly children,
orphans and juveniles;
(b) To request the High Commissioner and the international community to assist the
Government of Sierra Leone in strengthening its capacity to continue to undertake, as a matter of
urgency, the review, revision and updating of national legislation, in particular those areas of

legislation that affect women, children and other vulnerable segments of society, and to continue
to assist the Government of Sierra Leone in disseminating the report of the Truth and
Reconciliation Commission and encourage timely publication of the Government White Paper
and the implementation of the Commissions recommendations;
(c) To request the High Commissioner and the international community to continue
to work closely with national protection institutions, including the National Human Rights
Commission of Sierra Leone, the National Commission for Democracy and civil society
organizations such as the National Forum on Human Rights, in monitoring the promotion and
protection of human rights;
(d) To request the Secretary-General and the High Commissioner to continue to give
full consideration to the maintenance of a United Nations human rights field presence when the
activities of the United Nations Mission in Sierra Leone are completed;
(e) To urge all States to consider making pledges and/or to submit their outstanding
pledged funds to meet the budget of the Special Court for Sierra Leone and to support requests
by the Secretary-General to the General Assembly to consider further subvention for the
functioning of the Special Court from the regular budget of the United Nations, and urges all
States to cooperate fully with the Special Court;
(f) To request the High Commissioner to report to the General Assembly at its
sixtieth session and to the Commission at its sixty-second session on assistance to Sierra Leone
in the field of human rights, including with reference to the Human Rights Section of the
Mission;
(g) To consider this question at its sixty-second session.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XIX, paras. 655 to 657.]
2005/77. Technical cooperation and advisory services in Cambodia
The Commission on Human Rights,
Bearing in mind its resolution 2004/79 of 21 April 2004 and previous relevant
resolutions,
Welcoming the report of the Special Representative of the Secretary-General for human
rights in Cambodia (E/CN.4/2005/116), as well as the report of the Secretary-General on the role
and achievements of the Office of the United Nations High Commissioner for Human Rights in
assisting the Government and people of Cambodia in the promotion and protection of human
rights (E/CN.4/2005/111),

Recognizing that the tragic recent history of Cambodia requires special measures to
ensure the protection of human rights and the non-return to the policies and practices of the past,
as stipulated in the Agreement on the Comprehensive Political Settlement of the Cambodia
Conflict, signed in Paris on 23 October 1991,
Welcoming the address of the King of Cambodia, Norodom Sihamoni, on the occasion of
his coronation, which referred to the Universal Declaration of Human Rights,
I. KHMER ROUGE TRIBUNAL
1. Welcomes the ratification by Cambodia of the Agreement signed on 6 June 2003
between the United Nations and the Government of Cambodia to establish the Extraordinary
Chambers in the courts of Cambodia exercising their jurisdiction in accordance with
international standards of justice, fairness and due process as set out in the Agreement;
2. Urges the Secretary-General and the Government of Cambodia to take all
necessary measures for the early establishment of the Extraordinary Chambers, including the
fulfilment of financial and legal obligations;
3. Welcomes the fact that a number of States have made commitments to provide
assistance, including financial and personnel support, to the Extraordinary Chambers and appeals
to other members of the international community to provide such support in accordance with
General Assembly resolution 57/228 B of 13 May 2003, and urges the Secretary-General to
notify that the legal requirements for entry into force of the Agreement have been complied with;
II. DEMOCRACY AND SITUATION OF HUMAN RIGHTS
4. Welcomes:
(a) The formation of the new Government on 15 July 2004 based on the result of the
general election held in July 2003;
(b) Cambodias progress in improving its human rights situation for the past decade
in a range of fields, in cooperation with the United Nations and non-governmental organizations,
including freedom of media, freedom of religion, combating child labour and sexual exploitation,
and progress to improve democratic institutions;
(c) Cambodias agreement, through participation in the Consultative Group on
Cambodia, to improve good governance through the setting of benchmarks and regular review
and actions, inter alia the passing of a draft anti-corruption law;
(d) The signing of the new Memorandum of Understanding between the Government
of Cambodia and the Office of the United Nations High Commissioner for Human Rights for the
implementation of a technical cooperation programme on human rights, and encourages both
parties to cooperate constructively with each other for further improvement of the situation of
human rights in Cambodia;
5. Expresses concern, while noting the efforts of the Government of Cambodia, that
some human rights violations continue, especially those related to the rule of law, the judiciary,
human trafficking, violence against political and civil activists, impunity and corruption;

6. Urges the Government of Cambodia:
(a) To continue to strengthen its efforts to establish the rule of law, including through
the adoption and implementation of essential laws and codes for establishing a democratic
society, and to continue to address as a matter of priority, inter alia the problem of impunity, and
to enhance its efforts to investigate urgently and to prosecute, in accordance with due process of
law and international human rights standards, all those who have perpetrated serious crimes,
including violations of human rights;
(b) To continue to strengthen its efforts at judicial reform, especially to ensure the
independence, impartiality, transparency and effectiveness of the judicial system as a whole and
to combat corruption and impunity;
(c) To continue its efforts to improve human rights, especially those of women and
children, and to make additional efforts, in concert with the international community, to combat
key problems such as human trafficking, issues related to poverty, sexual violence, domestic
violence and sexual exploitation of women and children;
(d) To strengthen its efforts for resolving equitably and expeditiously land ownership
issues in a fair and open manner in accordance with the spirit of the Prime Ministers speech
of 18 October 2004 as well as the Land Law;
(e) To take all steps to meet its obligations under international human rights
instruments and to continue to cooperate with and support United Nations bodies, including the
Office of the High Commissioner;
(f) To continue to create an environment conducive to the conduct of legitimate
political activity as well as to support the role of non-governmental organizations in order to
solidify democratic development in Cambodia;
(g) To continue its efforts to further improve good governance;
III. CONCLUSION
7. Invites the Secretary-General, agencies of the United Nations system present in
Cambodia, as well as the international community, including non-governmental organizations, to
continue to work with the Government of Cambodia in improving democracy as well as ensuring
the protection and promotion of the human rights of all people in Cambodia, including by
providing assistance, inter alia in the fields of:
(a) Drafting various laws necessary for protecting and promoting human rights;
(b) Capacity-building for strengthening legal institutions, including improving the
quality of judges, prosecutors, lawyers and court staff;
(c) Capacity-building for strengthening national institutions for criminal investigation
and law enforcement as well as providing equipment necessary for these ends;
(d) Assisting assessment of progress on human rights issues;

8. Requests the Secretary-General to report to the Commission at its
sixty-second session on the role and achievements of the Office of the High Commissioner in
assisting the Government and the people of Cambodia in the promotion and protection of human
rights and on the recommendations made by the Special Representative of the Secretary-General
for human rights in Cambodia on matters within his mandate;
9. Decides to continue its consideration of the situation of human rights in
Cambodia at its sixty-second session.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XIX, paras. 658 to 660.]
2005/78. Technical cooperation and advisory services in Nepal
The Commission on Human Rights,
Recalling that Nepal, having ratified six major human rights treaties, has freely accepted
the obligation to protect the human rights of the people of Nepal,
Recalling the importance of the implementation of Security Council
resolutions 1265 (1999) of 17 September 1999 and 1296 (2000) of 19 April 2000 on the
protection of civilians in armed conflict, 1325 (2000) of 31 October 2000 on women and peace
and security and 1539 (2004) of 22 April 2004 on children in armed conflict,
Seriously concerned at the growing number of civilian victims of the ongoing conflict
since the breakdown of the ceasefire on 27 August 2003,
Deeply concerned about the situation of human rights in Nepal, including violations
attributed to the security forces, in particular unlawful killings, all forms of sexual violence,
forced displacement and disappearances, and attacks against the physical integrity and safety of
political leaders and party activists, human rights defenders, journalists and others and also
deeply concerned about the prevailing situation of impunity,
Strongly condemning all acts of violence against civilians and other criminal acts such as
attacks against life, physical integrity and personal liberty and safety, including unlawful
killings, all forms of sexual violence and extortion, committed by members of the Communist
Party of Nepal-Maoist,
Conscious of the fact that its appeals are mainly directed to the Government of Nepal as
it is subject to international obligations, and additionally gravely concerned at the serious
breaches of humanitarian law committed by members of the Communist Party of Nepal-Maoist,
which may constitute war crimes and crimes against humanity,
Recalling the Government of Nepals declaration of commitment of 26 March 2004 on
the implementation of human rights and international humanitarian law,

Bearing in mind the statement of the Chairperson of the Commission on human rights
assistance to Nepal of 21 April 2004 (E/2004/23-E/CN.4/2004/127, para. 716),
Taking note of the efforts of the Government of Nepal in establishing the Human Rights
Promotion Centre in the Prime Ministers Office and human rights cells within the security
forces,
Taking note of the report of the Working Group on Enforced or Involuntary
Disappearances on its mission to Nepal (E/CN.4/2005/65/Add.1) and the report of the Office of
the United Nations High Commissioner for Human Rights on its activities in Nepal, including
technical cooperation (E/CN.4/2005/114),
Expressing its deep concern at the serious setback to multiparty democracy and the
weakening of the rule of law through royal proclamation and the declaration of a state of
emergency of 1 February 2005,
Deeply concerned about the arbitrary arrests and secret detention, in particular of political
leaders and activists, human rights defenders, journalists and others, and about continued
enforced disappearances, as well as allegations of torture,
Welcoming the signing of the agreement between the Government and the Office of the
High Commissioner concerning the establishment of an office in Nepal on 11 April 2005, while
also taking into account actions taken by the Government in some cases of human rights
violations,
Taking note of the visit of the Representative of the Secretary-General on human rights of
internally displaced persons and the invitation extended to the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment,
1. Calls upon the Government of Nepal urgently to restore the multiparty democratic
institutions enshrined in the Constitution of Nepal and to respect the rule of law without
exception;
2. Requests the Government of Nepal to bear in mind that, in accordance with
article 4 of the International Covenant on Civil and Political Rights, certain rights, in particular
the right to life and the right to freedom from torture and other cruel, inhuman or degrading
treatment or punishment, are recognized as non-derogable in all circumstances and that any
measures derogating from the provisions of the Covenant must be in accordance with that article
in all cases, and underlining the exceptional and temporary nature of any such derogations, as
stated in general comment No. 29 (2001) on derogations to the Covenant during a state of public
emergency of the Human Rights Committee;
3. Calls upon the Government of Nepal to reinstate immediately all civil and
political rights, to cease all state of emergency-related and other arbitrary arrests, to lift the
far-reaching censorship, to restore freedom of opinion, expression and the press as well as the
freedom of association, to release immediately all detained political leaders and activists, human
rights defenders, journalists and others, to allow all citizens to enter and exit the country freely
and to respect all international and national obligations as well as the twenty-five points of the
commitment of 26 March 2004, as freely undertaken by Nepal;

4. Strongly condemns the repeated practices of members of the Communist Party of
Nepal-Maoist, such as:
(a) Unlawful killings, rape, extortions, forced displacement, mass abduction and
forced recruitment and labour targeted at civilians;
(b) Persecution and attacks against the life, integrity and safety of political leaders
and party members, human rights defenders, journalists, peace activists and others;
(c) Attempts to blockade Kathmandu and other urban areas with a view to cutting off
supplies of food and other essential supplies to the civilian population;
5. Firmly condemns the recruitment and use of a large number of children in Maoist
forces and urges the members of the Communist Party of Nepal-Maoist to stop the recruitment of
children as well as to demobilize immediately those currently participating in these groups, as set
out in Security Council resolution 1539 (2004);
6. Strongly urges the members of the Communist Party of Nepal-Maoist to
comply with international humanitarian law and to respect the legitimate exercise of all
human rights by the people of Nepal as well as immediately and unconditionally to cease
and renounce violence, disarm, and enter into negotiations with the genuine intention of
rejoining the political process, thereby helping to ensure that the people of Nepal are free to
choose their own Government;
7. Calls upon all parties to the conflict to respect human rights and international
humanitarian law, in particular common article 3 of the Geneva Conventions of 12 August 1949,
as well as to act in conformity with all other relevant standards relating to the protection of
civilians, particularly of women and children, and to allow the safe and unhindered access of
humanitarian organizations to those in need of assistance;
8. Urges the Government of Nepal:
(a) To take all necessary measures to prevent and put an end to extrajudicial and
summary killings, all forms of sexual violence, enforced disappearances, arbitrary arrests, illegal
incommunicado detention as well as torture and other cruel, inhuman or degrading treatment or
punishment;
(b) To take all appropriate measures to clarify the fate of all cases of persons
allegedly victims of enforced disappearance, including, where appropriate, taking into account
the work of the Investigative Commission on Disappearances of Nepal and international expert
bodies in this field;
(c) To ensure that all anti-terrorism and security laws and measures are in accordance
with all relevant international norms and standards as well as the Constitution of Nepal;
(d) To take appropriate measures to ensure the protection of the civil and political
rights of political leaders and activists, human rights defenders, journalists and others;

(e) To take appropriate measures to protect women and girls from gender-based
violence, as emphasized by the Security Council in resolution 1325 (2000), and to prevent and
prosecute traffickers in women and children;
(f) To take all necessary measures to protect and respect the human rights of
refugees, including the principle of non-refoulement;
(g) To combat impunity by ensuring that all allegations of violations of human rights
and international humanitarian law are investigated promptly, independently and impartially and,
as appropriate, prosecuted through the criminal justice system, in accordance with the
Constitution of Nepal and international standards of justice, fairness and due process of law;
(h) To begin urgently a national dialogue with political parties to restore peace,
stability, the promotion and protection of human rights and to safeguard democracy;
(i) To request the technical assistance of the international community and the
United Nations in planning free and fair local elections, following their announcement;
9. Calls upon the Government of Nepal to provide urgent protection and assistance
to internally displaced persons, taking account of the particular needs of women and children, to
facilitate their safe return, reintegration and resettlement elsewhere in the country, as appropriate,
and to develop appropriate policies and legislation in this regard, using the Guiding Principles on
Internal Displacement (E/CN.4/1998/53/Add.2, annex);
10. Also calls upon the Government of Nepal to ensure the independence and
effectiveness of the judiciary, and therefore urges the Government to safeguard effective judicial
remedies, in particular respect of habeas corpus orders, and to comply fully and faithfully with
all judicial orders;
11. Further calls upon the Government of Nepal:
(a) To ensure continued independence, institutional continuity and stability of the
National Human Rights Commission of Nepal in conformity with the Principles relating to the
status of national institutions for the promotion and protection of human rights (Paris Principles)
annexed to General Assembly resolution 48/134 of 20 December 1993 and the Human Rights
Commission Act, 2053 (1997);
(b) To ensure full and unimpeded access without prior notice of the National Human
Rights Commission of Nepal, the Office of the United Nations High Commissioner for Human
Rights and the International Committee of the Red Cross to all persons held in detention,
including places of detention under the authority of the Royal Nepalese Army;
(c) To provide necessary support to the National Human Rights Commission of
Nepal, including its regional offices, in carrying out its statutory mandate and to ensure the
necessary protection by, and cooperation of, governmental entities, including the security forces,
to enable the members of the National Commission to promote and protect human rights in
Nepal;

(d) To support the Office of the High Commissioner in its continued assistance to the
National Human Rights Commission of Nepal;
12. Welcomes the efforts of the Government of Nepal to comply with the obligation
to submit periodic reports to the respective treaty bodies, in particular under the International
Covenant on Civil and Political Rights, and urges the Government to implement their
recommendations, particularly the recent recommendations of the Committee on the Elimination
of Discrimination against Women at its thirtieth session of January 2004 and of the Committee
on the Elimination of Racial Discrimination at its sixty-fourth session of March 2004;
13. Encourages the Government of Nepal to extend invitations to the special
procedures of the Commission on Human Rights to visit Nepal, to cooperate fully with them and
implement their relevant recommendations, in particular the recent recommendation of the
Working Group on Enforced or Involuntary Disappearances, specifically the recommendation to
enforce a complete prohibition on incommunicado detention in military barracks;
14. Requests the United Nations High Commissioner for Human Rights , in
accordance with the agreement signed with the Government of Nepal on 11 April 2005, to
establish an office in Nepal with the mandate to assist the Nepalese authorities in developing
policies and programmes for the promotion and protection of human rights, to monitor the
situation of human rights and observance of international humanitarian law, including
investigation and verification nationwide through international human rights officers and the
establishment of field-based offices staffed with international personnel, to report in accordance
with the agreement and to work in cooperation with other United Nations and international
organizations based in Nepal in this regard;
15. Calls upon the Government of Nepal to implement promptly and fully the
agreement with the Office of the High Commissioner and to extend its full cooperation to the
office of the High Commissioner in Nepal, to assist the office in the discharge of its mandate and
to take all necessary steps to ensure that its officials and experts on mission have free and
unlimited access to any persons in Nepal whom they might wish to meet;
16. Encourages the international community to assist the Government of Nepal in
implementing the present resolution;
17. Requests the High Commissioner to submit a report to the General Assembly at
its sixtieth session and to the Commission at its sixty-second session on the human rights
situation and the activities of her Office, including technical cooperation, in Nepal;
18. Decides to continue its consideration of the situation of human rights in Nepal at
its sixty-second session under the same agenda item.
59th meeting
20 April 2005
[Resolution adopted without a vote.
See chap. XIX, paras. 661 to 664.]

2005/79. Rights of persons belonging to national or ethnic, religious and linguistic
minorities
The Commission on Human Rights,
Recalling General Assembly resolution 47/135 of 18 December 1992, by which the
Assembly adopted by consensus the Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities, and subsequent resolutions of the Assembly and
the Commission on the Declaration,
Recalling also its resolution 1995/24 of 3 March 1995 as well as Economic and Social
Council resolution 1995/31 of 25 July 1995 and decision 1998/246 of 30 July 1998 on the
mandate of the Working Group on Minorities of the Sub-Commission on the Promotion and
Protection of Human Rights,
Taking note of Sub-Commission resolution 2004/13 of 9 August 2004 on the rights of
minorities and the recommendations contained therein,
Affirming that effective measures and the creation of favourable conditions for the
promotion and protection of the rights of persons belonging to national or ethnic, religious and
linguistic minorities, ensuring effective non-discrimination and equality for all, as well as full
and effective participation in matters affecting them, contribute to the prevention and peaceful
solution of human rights problems and situations involving minorities,
Concerned at the frequency and severity of disputes and conflicts involving minorities in
many countries, and their often tragic consequences, and that persons belonging to minorities
often suffer disproportionately the effects of conflict resulting in the violation of their human
rights and are particularly vulnerable to displacement through, inter alia, population transfers,
refugee flows and forced relocation,
Considering that the promotion and protection of the rights of persons belonging to
national or ethnic, religious and linguistic minorities contribute to political and social stability
and peace and enrich the cultural diversity and heritage of society,
Emphasizing the importance of the timely identification of human rights problems and
situations involving national or ethnic, religious and linguistic minorities,
Acknowledging the need to promote tolerance within societies, inter alia through
education, in particular human rights education,
Welcoming the report of the United Nations High Commissioner for Human Rights
(E/CN.4/2005/81) and noting the proposals for strengthening the international protection of the
rights of persons belonging to minorities and conclusions contained therein,
1. Reaffirms the obligation of States to ensure that persons belonging to national or
ethnic, religious and linguistic minorities may exercise fully and effectively all human rights and
fundamental freedoms without any discrimination and in full equality before the law, as
proclaimed in the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities;

2. Urges all States to promote and protect the rights of persons belonging to national
or ethnic, religious and linguistic minorities, as set out in the Declaration, and, while applying a
gender perspective, to take, as appropriate, all the necessary constitutional, legislative,
administrative and other measures to promote and give effect to the Declaration, including the
provision of equal access to education, and facilitate their full participation in economic progress
and development;
3. Urges States to pay specific attention to the negative impact of racism, racial
discrimination, xenophobia and related intolerance on the situation of persons belonging to
national or ethnic, religious and linguistic minorities, and draws attention to the relevant
provisions of the Durban Declaration and Programme of Action adopted in September 2001 by
the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance (A/CONF.189/12 and Corr.1), including the provisions on forms of multiple
discrimination;
4. Calls upon States to give special attention to the promotion and protection of the
human rights of children belonging to minorities, taking into account that girls and boys may
face different types of risks;
5. Also calls upon States to take all appropriate measures to protect the cultural and
religious sites of national or ethnic, religious and linguistic minorities;
6. Requests the High Commissioner to appoint an independent expert on minority
issues for a period of two years, with the mandate:
(a) To promote the implementation of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities, including through
consultations with Governments, taking into account existing international standards and
national legislation concerning minorities;
(b) To identify best practices and possibilities for technical cooperation by the Office
of the United Nations High Commissioner for Human Rights at the request of Governments;
(c) To apply a gender perspective in his or her work;
(d) To cooperate closely, while avoiding duplication, with existing relevant
United Nations bodies, mandates, mechanisms as well as regional organizations;
(e) To take into account the views of non-governmental organizations on matters
pertaining to his or her mandate;
7. Requests the independent expert to submit annual reports on his/her activities to
the Commission, including recommendations for effective strategies for better implementation of
the rights of persons belonging to minorities;
8. Requests the High Commissioner to provide all the necessary resources, from
within existing budgetary resources, for the effective fulfilment of the mandate of the
independent expert;

9. Commends the role of the Working Group on Minorities of the Sub-Commission
as an important forum for dialogue with non-governmental organizations and for examining
solutions to problems involving minorities, and decides, in the light of the present resolution,
to amend the mandate of the Working Group with a view to its holding one session of
three consecutive working days annually during the time of the annual session of the
Sub-Commission, focusing its work on interactive dialogue with relevant non-governmental
organizations and on conceptual support of, and dialogue with, the independent expert, who
shall participate as an observer;
10. Invites all States, specialized agencies, non-governmental organizations and
scholars to continue to participate actively in the work of the Working Group;
11. Invites the human rights treaty monitoring bodies when considering reports
submitted by States parties, as well as special procedures of the Commission and relevant
United Nations agencies and programmes, to continue to give attention, within their respective
mandates, to situations and rights of persons belonging to national or ethnic, religious and
linguistic minorities;
12. Invites the High Commissioner to continue efforts to improve coordination and
cooperation among United Nations agencies and programmes active in the field of the promotion
and protection of the rights of persons belonging to national or ethnic, religious and linguistic
minorities, inter alia in the framework of the Executive Committee on Peace and Security, the
United Nations Development Group, the Executive Committee on Economic and Social Affairs
and the Executive Committee on Humanitarian Affairs, in particular with respect to the
internationally agreed development goals, including those contained in the United Nations
Millennium Declaration, and to engage in a dialogue with concerned Governments with a view
to strengthening its technical cooperation programme in this regard;
13. Requests the High Commissioner to strengthen the technical cooperation
programme of her office regarding minorities and to seek voluntary contributions towards
participation of representatives of non-governmental organizations and persons belonging to
minorities in the work of the Working Group;
14. Requests the High Commissioner to review the mechanisms performance and
effectiveness after two years and submit a report thereon to the Commission at its sixty-third
session;
15. Decides to continue its consideration of this question at its sixty-second session
under the same agenda item;
16. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 25.]
60th meeting
21 April 2005
[Resolution adopted without a vote.
See chap. XIV, paras. 443 to 447.]

2005/80. Protection of human rights and fundamental freedoms while countering
terrorism
The Commission on Human Rights,
Reaffirming the purposes and principles of the Charter of the United Nations,
Reaffirming also the fundamental importance, including in response to terrorism and the
fear of terrorism, of respecting all human rights and fundamental freedoms and the rule of law,
Recalling that States are under the obligation to protect all human rights and fundamental
freedoms of all persons,
Acknowledging the important contribution of measures at all levels against terrorism,
consistent with international law, in particular international human rights law and refugee and
humanitarian law, for the functioning of democratic institutions, the maintenance of peace and
security and thereby to the full enjoyment of human rights, as well as the need to continue this
fight, including through international cooperation and the strengthening of the role of the
United Nations in this respect,
Deeply deploring the occurrence of violations of human rights and fundamental freedoms
in the context of the fight against terrorism,
Recognizing that the respect for human rights, democracy and the rule of law are
interrelated and mutually reinforcing,
Recognizing that all States must respect the non-refoulement obligations under
international refugee and human rights law, while at the same time, pay full respect to exclusion
provisions,
Recalling its resolution 2004/87 of 21 April 2004 and taking note of General Assembly
resolution 59/191 of 20 December 2004,
Welcoming the various initiatives to strengthen the promotion and protection of
human rights in the context of counter-terrorism adopted by the United Nations and regional
intergovernmental bodies, as well as by States,
Noting the declarations, statements and recommendations by a number of human rights
treaty monitoring bodies and special procedures on the question of the compatibility of
counter-terrorism measures with human rights obligations, as well as the final report of the
Special Rapporteur of the Sub-Commission on the Promotion and Protection of Human Rights
on terrorism and human rights (E/CN.4/Sub.2/2004/40),
Reaffirming that under the terms of the Vienna Declaration and Programme of Action
adopted by the World Conference on Human Rights on 25 June 1993 (A/CONF.157/23, sect. I,
para. 17), acts, methods and practices of terrorism in all its forms and manifestations are
activities aimed at the destruction of human rights, fundamental freedoms and democracy,
threatening territorial integrity and security of States and destabilizing legitimately constituted
Governments, and that the international community should take the necessary steps to enhance
cooperation to prevent and combat terrorism,

Taking note of General Assembly resolution 59/195 of 20 December 2004 and recalling
Commission resolution 2004/44 of 19 April 2004 on human rights and terrorism,
Recalling the declaration on the issue of combating terrorism contained in the annex to
Security Council resolution 1456 (2003) of 20 January 2003, in particular the statement that
States must ensure that any measures taken to combat terrorism comply with all their obligations
under international law, and should adopt such measures in accordance with international law, in
particular international human rights, refugee and humanitarian law,
Reaffirming its unequivocal condemnation of all acts, methods and practices of terrorism,
in all their forms and manifestations, wherever and by whomsoever committed, regardless of
their motivation, as criminal and unjustifiable, and renewing its commitment to strengthen
international cooperation to prevent and combat terrorism,
Stressing that everyone is entitled to all the rights and freedoms recognized in the
Universal Declaration of Human Rights without distinction of any kind, including on the
grounds of race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status,
1. Reaffirms that States must ensure that any measure taken to combat terrorism
complies with their obligations under international law, in particular international human rights,
refugee and humanitarian law;
2. Deeply deplores the suffering caused by terrorism to the victims and their families
and expresses its profound solidarity with them;
3. Recalls that, in accordance with article 4 of the International Covenant on Civil
and Political Rights, certain rights are recognized as non-derogable in any circumstances and that
any measures derogating from the provisions of the Covenant must be in accordance with that
article in all cases, and underlining the exceptional and temporary nature of any such derogations
(see, for example, general comment No. 29 (2001) on article 4 of the Covenant on derogations
during a state of emergency adopted by the Human Rights Committee);
4. Calls upon States to raise awareness of the importance of these obligations among
national authorities involved in combating terrorism;
5. Urges States to review, with full respect for the fundamental principle of
non-refoulement and other legal safeguards, the validity of a refugee status decision in an
individual case if credible and relevant evidence comes to light that indicates that the person in
question has committed any criminal acts, including terrorist acts, falling under the exclusion
clauses under international refugee law;
6. Reaffirms that it is imperative that all States work to uphold and protect the
dignity of individuals and their fundamental freedoms, as well as democratic practices and the
rule of law, while countering terrorism, as stated in the report of the Secretary-General
(A/59/404) submitted pursuant to General Assembly resolution 58/187 of 22 December 2003;

7. Takes note with appreciation of the study of the United Nations
High Commissioner for Human Rights (A/59/428) submitted pursuant to General Assembly
resolution 58/187;
8. Also takes note with appreciation of the report of the independent expert to assist
the High Commissioner in examining the question of the protection of human rights and
fundamental freedoms while countering terrorism (see E/CN.4/2005/103);
9. Further takes note with appreciation of the report of the High Commissioner
on the protection of human rights and fundamental freedoms while countering terrorism
(E/CN.4/2005/100), submitted pursuant to Commission resolution 2004/87 and
General Assembly resolution 59/191;
10. Encourages States to make available to relevant national authorities the
Digest of Jurisprudence of the United Nations and Regional Organizations on the Protection
of Human Rights while Countering Terrorism and to take into account its content, and
requests the High Commissioner to update and publish it periodically;
11. Welcomes the ongoing dialogue established in the context of the fight against
terrorism between the Security Council and its Counter-Terrorism Committee and the relevant
bodies for the promotion and protection of human rights, and encourages the Council and its
Committee to strengthen the links and to continue to develop the cooperation with relevant
human rights bodies, in particular with the Office of the High Commissioner, giving due regard
to the promotion and protection of human rights in the ongoing work pursuant to relevant
Council resolutions relating to terrorism;
12. Encourages States, while countering terrorism, to take into account relevant
United Nations resolutions and decisions on human rights, and encourages them to consider the
recommendations of the special procedures and mechanisms of the Commission and the relevant
comments and views of treaty bodies;
13. Requests the High Commissioner for Human Rights, making use of existing
mechanisms, to continue:
(a) To examine the question of the protection of human rights and fundamental
freedoms while countering terrorism, taking into account reliable information from all sources;
(b) To make general recommendations concerning the obligation of States to promote
and protect human rights and fundamental freedoms while taking actions to counter terrorism;
(c) To provide assistance and advice to States, upon their request, on the protection of
human rights and fundamental freedoms while countering terrorism, as well as to relevant
United Nations bodies;
14. Decides to appoint, for a period of three years, a special rapporteur on the
promotion and protection of human rights and fundamental freedoms while countering terrorism,
with the mandate:

(a) To make concrete recommendations on the promotion and protection of
human rights and fundamental freedoms while countering terrorism, including, at the request of
States, for the provision of advisory services or technical assistance on such matters;
(b) To gather, request, receive and exchange information and communications from
and with all relevant sources, including Governments, the individuals concerned, their families,
their representatives and their organizations, including through country visits, with the consent of
the State concerned, on alleged violations of human rights and fundamental freedoms while
countering terrorism, with special attention to areas not covered by existing mandate holders;
(c) To identify, exchange and promote best practices on measures to counter
terrorism that respect human rights and fundamental freedoms;
(d) To work in close coordination with other special rapporteurs, special
representatives, working groups and independent experts of the Commission, the
Sub-Commission and other relevant United Nations bodies;
(e) To develop a regular dialogue and discuss possible areas of cooperation with all
relevant actors, including Governments, relevant United Nations bodies, specialized agencies
and programmes, in particular with the Counter-Terrorism Committee of the Security Council,
the Office of the United Nations High Commissioner for Human Rights, the Terrorism
Prevention Branch of the United Nations Office on Drugs and Crime, human rights mandate
holders and treaty bodies, the Sub-Commission on the Promotion and Protection of
Human Rights, as well as non-governmental organizations and other regional or subregional
international institutions, fully respecting the respective mandates of the above-mentioned bodies
and with a view to avoiding duplication of effort;
(f) To report regularly to the Commission and to the General Assembly;
15. Requests all Governments to cooperate fully with the Special Rapporteur in the
performance of the tasks and duties mandated, including by reacting promptly to the
Special Rapporteurs urgent appeals and providing the information requested;
16. Requests the High Commissioner to assist the Commissions various special
procedures to enhance coordination and avoid duplication of efforts;
17. Requests also the High Commissioner to report regularly on the implementation
of the present resolution to the Commission and to the General Assembly;
18. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 26.]
60th meeting
21 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 586 to 592.]

2005/81. Impunity
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the International Covenants on Human Rights, the Convention on the Prevention and Punishment
of the Crime of Genocide, the Geneva Conventions, of 12 August 1949, and the Additional
Protocols thereto of 8 June 1977, and other relevant human rights and international humanitarian
law instruments, including the Vienna Declaration and Programme of Action, in particular
paragraphs 60 and 91 of section II,
Recalling its resolution 2004/72 of 21 April 2004,
Reaffirming the duty of all States to put an end to impunity and to prosecute or extradite,
in accordance with their obligations under international law, those responsible for all violations
of human rights and international humanitarian law that constitute crimes, including genocide,
crimes against humanity and war crimes, in order to bring them to justice, promote
accountability, respect for international law and justice for the victims, deter the commission of
such crimes and fulfil the responsibility of States to protect all persons from such crimes,
Convinced that impunity for violations of human rights and international humanitarian
law that constitute crimes encourages such violations and is a fundamental obstacle to the
observance and full implementation without discrimination of any kind of human rights and
international humanitarian law,
Convinced also that exposing the truth regarding violations of human rights and
international humanitarian law that constitute crimes, holding the perpetrators, including their
accomplices, accountable, obtaining justice and an effective remedy for, and protecting, their
victims, as well as preserving historical records of such violations and restoring the dignity of
victims through public acknowledgement and commemoration of their suffering are integral to
the promotion and implementation of human rights and international humanitarian law and to the
prevention of future violations, as well as a key factor in ensuring a fair and equitable justice
system and, ultimately, in promoting a just reconciliation and stability within all societies,
including conflict and post-conflict societies and as relevant in the context of transitional
processes,
Welcoming the appointment by the Secretary-General of a Special Adviser on the
Prevention of Genocide as part of his five-point plan to prevent genocide, including action to
prevent armed conflict, for effective measures to protect civilians, judicial steps to fight
impunity, and swift and decisive action to prevent or stop genocide,
Acknowledging the importance of the work of the International Criminal Tribunal for the
Former Yugoslavia and the International Tribunal for Rwanda in combating impunity,
Recognizing the important contribution of the International Criminal Court to ending
impunity, and noting the first referrals by States and the Security Council of situations to the
Court and the ongoing investigations by the Prosecutor,

Recognizing also, as measures to combat impunity, the establishment of special, regional
and national tribunals and judicial proceedings, often with international support, which are
bringing to justice the perpetrators of violations of human rights and international humanitarian
law that constitute crimes,
Welcoming cooperation between international criminal tribunals, including sharing
lessons learned and devising effective approaches to meet challenges faced, to advance the
common goal of strengthening the international criminal justice system,
1. Emphasizes the importance of combating impunity to the prevention of violations
of human rights and international humanitarian law and urges States to end impunity for
violations that constitute crimes by bringing the perpetrators, including accomplices, to justice in
accordance with international law, in particular standards of justice, fairness and due process of
law;
2. Recognizes that States must prosecute or extradite perpetrators, including
accomplices, of international crimes such as genocide, crimes against humanity, war crimes and
torture in accordance with their international obligations in order to bring them to justice, and
urges all States to take effective measures to implement these obligations;
3. Also recognizes that amnesties should not be granted to those who commit
violations of human rights and international humanitarian law that constitute crimes, urges States
to take action in accordance with their obligations under international law and welcomes the
lifting, waiving or nullification of amnesties and other immunities, and recognizes as well the
Secretary-Generals conclusion that United Nations-endorsed peace agreements can never
promise amnesties for genocide, crimes against humanity, war crimes, or gross violations of
human rights;
4. Acknowledges that under the Rome Statute of the International Criminal Court
(A/CONF.183/9) genocide, crimes against humanity and war crimes are not subject to any
statutes of limitations and prosecutions of persons accused of these crimes shall not be subject to
any immunity, and urges States, in accordance with their obligations under applicable
international law, to remove remaining statutes of limitations on such crimes and to ensure, if
provided for by their obligations under international law, that official immunities rationae
materiae do not encompass them;
5. Reaffirms that States should not grant asylum to any person with respect to whom
there are serious grounds for considering that he or she has committed genocide, crimes against
humanity, or war crimes;
6. Urges all States to ensure that all military commanders and other superiors are
aware of the circumstances in which they may be criminally responsible under international law
for genocide, crimes against humanity and war crimes, including, under certain circumstances,
for these crimes when committed by subordinates under their effective authority and control, and
to ensure that all relevant personnel are informed of the limitations that international law places
on the defence of superior orders;

7. Urges States to bring to justice those responsible for gender-related crimes and
crimes of sexual violence, including those that constitute, in defined circumstances, genocide,
crimes against humanity or war crimes;
8. Also urges States to assist each other, in accordance with their international
obligations and domestic law, in detecting, arresting and bringing to justice persons, including
accomplices, suspected of having committed international crimes, including genocide, crimes
against humanity and war crimes;
9. Acknowledges the historic significance of the entry into force of the Rome Statute
of the International Criminal Court on 1 July 2002, recognizes that to date 98 States have ratified
or acceded to the Rome Statute and calls upon all States that have not yet done so to consider
ratifying or acceding to it;
10. Recognizes the fundamental importance of the principle of complementarity in the
Rome Statute, and stresses the importance of the implementation by States parties of their
obligations under the Statute;
11. Calls upon States to continue to support the work of the International
Criminal Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda, and to
consider supporting other initiatives to establish judicial mechanisms, as well as truth and
reconciliation commissions and other commissions of inquiry that can contribute to ending
impunity, in cooperation with the United Nations, in accordance with international standards of
justice, fairness and due process of law, including at the international, regional and national
levels;
12. Urges States to provide the victims of violations of human rights and international
humanitarian law that constitute crimes with a fair, equitable, independent and impartial judicial
process through which these violations can be investigated and made public in accordance with
international standards of justice, fairness and due process of law, and to encourage victims to
participate in judicial as well as truth and reconciliation processes, including by taking
appropriate measures to ensure the protection of, and support and assistance to, victims as well
as witnesses, such as contact points and child-and gender-sensitive procedures, paying special
attention to crimes of sexual violence;
13. Welcomes in this regard the establishment in some States of judicial proceedings
and commissions of truth and reconciliation and other commissions of inquiry, including
international mechanisms and those with international participation, to address violations of
human rights and international humanitarian law, welcomes the publication in those States of the
reports of such investigations and commissions, urges all those States to make their reports
accessible to the public and to implement, and monitor implementation of, their
recommendations, and encourages other States where such violations have occurred in the past,
including conflict and post-conflict societies and as relevant in the context of transitional
processes, to establish appropriate processes to address them, consistent with international
standards of justice, fairness and due process of law;
14. Emphasizes that the work of truth and reconciliation commissions and other
commissions of inquiry can be complementary to the essential role of judicial mechanisms in
protecting human rights and combating impunity;

15. Calls upon all States to ensure that criminal proceedings are conducted in
accordance with the right to a fair and public hearing by a competent, independent, impartial and
duly constituted tribunal in accordance with applicable international law, and to ensure that
penalties are appropriate and proportionate to the gravity of the crime committed;
16. Recognizes that policies to combat impunity that are based on broad consultation
can contribute significantly to ensuring public accountability and hence in securing lasting
justice, as well as the important role of civil society and free and independent media in
combating impunity and exposing the truth regarding violations of human rights and
international humanitarian law, and therefore encourages States to involve, as appropriate, all
those concerned, including civil society, victims, human rights defenders and persons belonging
to minorities and vulnerable groups, in all efforts to combat impunity, including judicial
processes and the design of truth and reconciliation commissions and other commissions of
inquiry, the selection of commissioners and the drafting of relevant legislation, with efforts to
ensure that men and women participate on an equal basis;
17. Also recognizes the need to undertake a range of measures as part of a
comprehensive approach towards combating impunity, urges States to consider institutional and
legislative reform as necessary to ensure conformity with their international obligations, in
particular to promote and protect human rights, as an enduring foundation for a lasting justice,
democracy, the rule of law and the protection of human rights, and encourages States in this
regard to consider establishing or strengthening as appropriate institutions of civilian oversight
and civil complaint procedures, such as the office of the ombudsman or public advocate and
independent national institutions for the promotion and protection of human rights in accordance
with the Principles relating to the status of national institutions for the promotion and protection
of human rights (Paris Principles) annexed to General Assembly resolution 48/134 of
20 December 1993;
18. Encourages States to strengthen training of police, investigative, prosecutorial
and judicial personnel in human rights and international humanitarian law and to take
appropriate measures that are in conformity with international law, in particular standards of
justice, fairness and due process of law, to ensure that individuals who are personally responsible
for gross violations of human rights do not remain in positions of public authority, as a guarantee
of non-recurrence and to prevent future violations;
19. Takes note with appreciation of the expert workshops on impunity held in
New York on 18 October and in Geneva on 18 and 19 November 2004, organized by the Office
of the United Nations High Commissioner for Human Rights to contribute cross-regional
perspectives to the work of the independent expert appointed by the Secretary-General at the
request of the Commission in resolution 2004/72 to update the Set of Principles for the
protection and promotion of human rights through action to combat impunity
(E/CN.4/Sub.2/1997/20/Rev.1, annex II);
20. Takes note with appreciation of the report of the independent expert and the
updated Set of Principles for the protection and promotion of human rights through action to
combat impunity (E/CN.4/2005/102 and Add.1) as a guideline to assist States in developing
effective measures for combating impunity;

21. Recalls that the principles contained in the Set of Principles have already been
applied at the regional and national levels, and encourages States, intergovernmental
organizations and non-governmental organizations to consider the recommendations and best
practices identified in the independent study on impunity (E/CN.4/2004/88) as well as the
updated Set of Principles, as appropriate, in developing and implementing effective measures to
combat impunity, including efforts to strengthen domestic capacity such as legislative and
institutional reform, and in the design of judicial mechanisms and truth and reconciliation
commissions and other commissions of inquiry, and to bring them to the attention of all relevant
institutions and personnel;
22. Requests the United Nations High Commissioner for Human Rights to ensure the
wide dissemination of the updated Set of Principles, to make them available in an accessible and
user-friendly format, including in the United Nations publication Human Rights: A Compilation
of International Instruments, to take them into account in relevant United Nations activities,
especially in the framework of United Nations missions, field presences, as well as human rights,
institution-building and capacity-building activities, in cooperation with other parts of the
United Nations system, States and other relevant actors, and to continue to support judicial
mechanisms and commissions of inquiry and to provide, upon request, technical and legal
assistance in developing national legislation and institutions to combat impunity in accordance
with international standards of justice, fairness and due process of law;
23. Invites the special rapporteurs and other mechanisms of the Commission to
continue to give due consideration to the issue of impunity and to the updated Set of Principles in
the discharge of their mandates;
24. Requests the Secretary-General again to invite States and intergovernmental and
non-governmental organizations to provide information, including best practices, on any
legislative, administrative or other steps they have taken to combat impunity, including any ways
in which the updated Set of Principles has been applied, and to provide information on remedies
available to victims;
25. Also requests the Secretary-General to report to the Commission at its
sixty-second session on the latest developments in international law and practice relevant to
combating impunity, including international jurisprudence and State practice, and the work of
the Office of the High Commissioner and other parts of the United Nations system, taking into
account the updated Set of Principles and the independent study, as well as comments received
pursuant to the present resolution;
26. Decides to continue its consideration of this matter at its sixty-second session
under the same agenda item.
60th meeting
21 April 2005
[Resolution adopted without a vote.
See chap. XVII, paras. 593 to 599.]

2005/82. Situation of human rights in the Sudan
The Commission on Human Rights,
Recalling its decision 2004/128 of 23 April 2004,
Noting the relevant communiqué of the African Union Peace and Security Council,
namely PSC/AHG/Comm.(XXIII), adopted by the Heads of State and Government at
Libreville on 10 January 2005 and communiqués PSC/MIN/Comm.(XII) of 4 July 2004,
PSC/PR/Comm.(XIII) of 27 July 2004, PSC/PR/Comm.(XVI) of 17 September 2004 and
PSC/PR/Comm.(XVII) of 20 October 2004,
Noting also Security Council resolutions 1556 (2004) of 30 July 2004, 1590 (2005)
of 24 March 2005, 1591 (2005) of 29 March 2005 and 1593 (2005) of 31 March 2005,
Taking note of the findings of the International Commission of Inquiry on Darfur on the
violation of international humanitarian law and human rights in Darfur as well as the report of
the National Commission of Inquiry,
Taking note also of the reports of the independent expert on the situation of human rights
in the Sudan (E/CN.4/2005/11), the former Special Rapporteur on extrajudicial, summary and
arbitrary executions on her mission to the Sudan (E/CN.4/2005/7/Add.2), the Special Rapporteur
on violence against women, its causes and consequences, on her mission to the Darfur region of
the Sudan (E/CN.4/2005/72/Add.5), and the responses of the Government of the Sudan to these
reports,
Recognizing the primary responsibility of the Government of the Sudan to protect and
promote human rights within its territory, and its obligation to enhance the applicability of
international humanitarian law,
Taking note of the report of the United Nations High Commissioner for Human Rights on
the situation of human rights in the Sudan (E/CN.4/2005/3),
Welcoming the conclusion of the Comprehensive Peace Agreement in Nairobi on
9 January 2005 between the Government of the Sudan and the Sudan Peoples Liberation
Army/Movement, which is a critical step towards the development of a peaceful and prosperous
Sudan, provides a framework for settling the crisis in Darfur and greatly contributes to the
promotion and protection of human rights in the Sudan, and calling on the parties to the
Agreement to work together to resolve the question of Darfur,
Expressing its deep concern at the situation of human rights in Darfur, in particular
attacks against civilians, gender-based violence and the dire consequences of the prolonged
conflict for the civilian population in Darfur, in particular the increase in the number of refugees
and internally displaced persons,

1. Welcomes:
(a) The full involvement of the Commission of the African Union in the peaceful
resolution to the conflict in Darfur, and calls upon the African Union and its member States to
continue their pivotal role in ensuring a successful conclusion to the peace talks being conducted
in Abuja under the auspices of the African Union;
(b) The crucial role played by the African Union and its various mechanisms in
helping to reach a peaceful settlement to the conflict in Darfur, and in this regard appreciates the
leadership of President of Nigeria Mr. Olusegun Obasanjo in hosting and chairing the Abuja
peace talks and expresses its confidence that the African Heads of State will continue their
support for the peace process in Darfur;
(c) The assistance extended by the international community to the African Union
and calls on the donor community to further provide logistical and financial support to the
African Union Mission in Darfur to enable it to carry out its mandated functions effectively with
a view to re-establishing peace and security in the region;
(d) The efforts of the Government of the Sudan to combat the abduction of persons,
in particular the work of the Committee for the Eradication of Abduction of Women and
Children;
2. Condemns:
(a) The continued, widespread and systematic violations of human rights and
international humanitarian law as reflected in the findings of the International Commission of
Inquiry on Darfur;
(b) The violence against civilians and sexual violence against women and girls,
destruction of villages, widespread displacement and other violations in Darfur and urges all
parties to take necessary steps to prevent further violations;
(c) The prevailing situation in the Darfur region of the Sudan, in particular the
humanitarian crisis and the continued reported violations of human rights, including attacks
against civilians committed by all parties, particularly the Janjaweed and other armed militias,
and reiterates the need to control, disarm and disband these militias and bring to justice all those
responsible for human rights violations in Darfur;
(d) Violations of the Ceasefire Agreement concluded in NDjamena on 8 April 2004
and the Abuja Protocols on Improvement of the Humanitarian Situation and Enhancement of the
Security Situation of 9 November 2004 by all parties to the conflict in Darfur and the impact this
has had on humanitarian efforts;
(e) Violations of human rights anywhere in the Sudan;

3. Calls upon all parties to the conflict:
(a) To resume immediately the Abuja talks with a view to arriving at a lasting and
durable negotiated settlement;
(b) To respect fully the NDjamena Ceasefire Agreement and to ensure that all armed
groups under their control comply with it;
(c) To observe the humanitarian ceasefire and grant immediate, safe and unhindered
humanitarian access to Darfur and elsewhere in the Sudan;
(d) To cease all acts of violence immediately, and protect women and girls from
sexual and other forms of violence;
(e) To respect the rights of refugees and internally displaced persons and their right
of voluntary return in safety and dignity;
(f) To cooperate fully in the implementation of Security Council
resolutions 1556 (2004), 1590 (2005), 1591 (2005) and 1593 (2005);
(g) To cooperate fully with the relevant bodies and mechanisms of the African Union
and the United Nations, especially those competent in the field of human rights, and with the
humanitarian aid organizations;
(h) To grant the International Committee of the Red Cross access to those detained in
relation to the situation in Darfur;
(i) To prevent the recruitment of children as soldiers and combatants, consistent with
the African Charter on the Rights and Welfare of the Child, the Convention on the Rights of the
Child and the Optional Protocol thereto on the involvement of children in armed conflict;
(j) To refrain without delay from the use of landmines;
(k) To respect their obligations under the Abuja Protocols of 9 November 2004;
(l) To stop immediately the abduction and murder of relief workers by the armed
groups;
4. Calls upon the Government of the Sudan:
(a) To continue its efforts aimed at finding a durable and peaceful solution to the
problem in Darfur;
(b) To stop and investigate violations of human rights and to bring the perpetrators to
justice and end impunity for crimes committed in Darfur in light of the recommendations
contained in the report of the International Commission of Inquiry on Darfur and the report of
the National Commission of Inquiry;

(c) To disarm the Janjaweed militias and stop supporting them, in conformity with
the relevant Security Council resolutions;
(d) To promote the respect for human rights and international humanitarian law
throughout the country, and protect the human rights of all persons, in particular those of
internally displaced persons and refugees;
(e) To improve security in and around the internally displaced persons camps;
(f) To exert maximum efforts for promoting the peaceful social coexistence between
different tribes in Darfur;
(g) To strengthen and enhance access to the courts for all victims of human rights
violations and to ensure their protection, and grant them reparation and compensation;
(h) To enhance and strengthen the independence and impartiality of the judiciary by
training judges, prosecutors, lawyers and police with a view to protecting human rights and
ensure rule of law;
(i) To consider creating, through a broad consultative process, a truth and
reconciliation commission once peace is established in Darfur as a complementary measure to
enhance peaceful social coexistence;
(j) To cooperate fully in the implementation of Security Council
resolutions 1556 (2004), 1590 (2005), 1591 (2005) and 1593 (2005);
5. Calls upon the international community:
(a) To expand its support for the efforts and activities of the African Union aimed at
bringing about peace in the Sudan;
(b) To continue providing relief assistance to the affected population in Darfur, with a
view to complementing the efforts of the Government of the Sudan in that regard;
(c) To provide additional logistical and financial support to the African Union
mission in Darfur to enable it to carry out its mandated functions effectively;
6. Requests the United Nations High Commissioner for Human Rights to increase
and speed up the deployment of human rights monitors in Darfur to complement the
African Union Mission in Sudan;
7. Also requests the High Commissioner to extend technical assistance and advisory
services to the Government of the Sudan with a view to enhancing the national capacity in the
field of human rights;
8. Decides to establish the mandate of a special rapporteur on the situation of
human rights in the Sudan for one year and requests the Special Rapporteur to monitor the
situation of human rights in the Sudan and to submit an interim report to the General Assembly
at its sixtieth session and to report to the Commission at its sixty-second session;

9. Calls upon the Secretary-General to provide the Special Rapporteur with all
necessary assistance to enable him or her to discharge his or her mandate fully;
10. Decides to consider this question at its sixty-second session;
11. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 27.]
60th meeting
21 April 2005
[Resolution adopted without a vote.
See chap. XIX, paras. 635 to 638.]
2005/83. Assistance to Somalia in the field of human rights
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the African Charter on Human and Peoples Rights and other relevant human rights
instruments,
Recalling its previous resolutions, including resolution 2004/80 of 21 April 2004, and
bearing in mind the relevant statements by the President of the Security Council, in particular the
statements of 26 October 2004 (S/PRST/2004/38), of 19 November 2004 (S/PRST/2004/43), and
of 7 March 2005 (S/PRST/2005/11), all the relevant Security Council resolutions, in particular
Council resolutions 1587 (2005) of 15 March 2005 and 1558 (2004) of 17 August 2004,
including resolution 1265 (1999) of 17 September 1999 on the protection of civilians in
armed conflict, 1539 (2004) of 22 April 2004 on the use of children in armed conflicts
and 1325 (2000) of 31 October 2000, on women, peace and security, the reports of the
Secretary-General on the situation in Somalia, particularly his latest report (S/2005/89), and his
reports on children and armed conflict (A/59/695-S/2005/72), on the protection of civilians in
armed conflict (S/2004/431), on women, peace and security (S/2004/814), on small arms
(S/2005/69) and on protection for humanitarian assistance to refugees and others in conflict
situations (S/1998/883), the relevant General Assembly resolutions, particularly its
resolutions 59/218 of 22 December 2004 and 59/211 of 20 December 2004, and the Guiding
Principles on Internal Displacement (E/CN.4/1998/53/Add.2, annex),
Recalling also the statement made by the President of the Security Council on the
situation in Somalia on 7 March 2005, in which the Council reiterated its commitment to a
comprehensive and lasting settlement of the situation in Somalia and its respect for the
sovereignty, territorial integrity, political independence and unity of the country, consistent with
the purposes and the principles of the Charter of the United Nations,

Reaffirming its serious concern at the continued flow of weapons and ammunition to and
through Somalia and taking note of the ongoing work of the re-established Monitoring Group
referred to in Security Council resolutions 1519 (2003) of 16 December 2003, 1558 (2004)
and 1587 (2005), as well as its recommendations to continue monitoring the ongoing arms
embargo violations on Somalia, the trend of which is reportedly rising,
Emphasizing that the efforts to combat terrorism in Somalia must respect all human rights
and fundamental freedoms and the rule of law and are inseparable from the establishment of
peace and governance in the country,
Underlining that the peace and the national reconciliation processes in Somalia must
be completed through dialogue, involving all the Somali people, who are the ones to
decide freely on their political, economic and social systems, and not by resorting to the use of
force,
Noting with grave concern that the security situation remains fragile throughout the
country, and that attacks continue to be committed against humanitarian workers in Somalia and
human rights defenders, the impact of which hinder a full response by aid agencies,
Noting also with grave concern that the worsening of the humanitarian situation is due to,
inter alia, the prevailing drought and natural disasters, including the tsunami, and recognizing the
massive challenges facing Somalia with respect to immediate assistance as well as reconstruction
and development,
Calling upon the Somali parties to continue working towards a comprehensive security
arrangement for Somalia by expeditiously implementing the engagements undertaken by the
Somali parties, the Intergovernmental Authority on Development facilitators, the Prime Minister
and the Representative of the Secretary-General and the signing of the Declaration of Principles
for the Coordination and Monitoring Committee for Somalia on 9 February 2005, which refers in
particular to the adherence to and respect for an effective and internationally verifiable
comprehensive ceasefire arrangement,
Welcoming the newly established transitional federal institutions and the establishment of
the joint Coordination and Monitoring Committee with the international community as important
steps towards a durable and inclusive solution to the conflict in Somalia and as a result of the
Somali National Reconciliation Conference, as well as through the continued commitment of the
United Nations, the African Union, the League of Arab States, the European Union, the
Organization of the Islamic Conference, the Movement of Non-Aligned Countries and the
Intergovernmental Authority on Development Partners Forum,
Considering that human rights are an integral part of the Declaration of Principles,
Welcoming the commitment of the African Union to support Somali-led efforts towards
reconciliation and stability,

Commending the increasing efforts of the United Nations in improving the living
conditions of the Somali people and in supporting the Transitional Federal Government to
improve effectively the administration of justice by developing the rule of law, building its
capacity to enforce the law and improving the application of human rights standards, as well as
the meaningful work done by Somali civil society,
Reiterating that humanitarian, human rights and development assistance is of paramount
importance to alleviate poverty and to promote a more peaceful, equitable and democratic
society in Somalia,
1. Welcomes:
(a) The progress made over the last two years in the Somali national reconciliation
process, in particular the election of the Transitional Federal Parliament, the Speaker of the
Parliament and the President, the appointment of the Prime Minister and the formation of the
Cabinet, as important steps towards lasting peace and reconciliation in Somalia;
(b) The establishment of the Coordination and Monitoring Committee with the
international joint committee as a joint structure of the transitional federal institutions, co-chaired
by the United Nations, as encouraged by the Security Council;
(c) The signing of the Declaration of Principles within the Committee and
the efforts at launching a rapid assistance programme within the framework of
peace-building activities, focused, inter alia, on disarmament, demobilization,
rehabilitation and reintegration;
(d) The initial efforts made by transitional federal institutions towards their effective
relocation in Somalia, whilst regretting the lack of general progress in this regard;
2. Encourages an incremental and prioritized approach of the United Nations system
to addressing the continuing crisis and needs in Somalia, while maintaining long-term
commitments to rehabilitation, recovery and development activities with a view to integrating
human rights and a gender perspective into all peace-building, reconstruction and reconciliation
processes;
3. Invites:
(a) All Somali parties, the Intergovernmental Authority on Development and
African Union member States to support fully the new Transitional Federal Government to move
the peace and reconciliation processes forward;
(b) The transitional federal institutions to rehabilitate basic social and economic
services throughout the country and to support the extension of child protection coordination
networks throughout the country;
4. Expresses serious concern that, as a result of poor crop production, the high
mortality rate of livestock in the worst-affected areas of Somalia, economic stress, chronic food
insecurity and poor health conditions, the Somali people, particularly internally displaced
persons, continue to suffer from a high rate of malnutrition, which is associated with high
mortality rates and, more generally, from a long-running humanitarian crisis;

5. Expresses deep concern at:
(a) The reported cases of rape, arbitrary and summary executions, torture and
other cruel, inhuman or degrading treatment or punishment and violence, including
domestic violence, in particular against women and children, and at the absence of an effective
judicial system, essential to ensure the right to a fair trial in accordance with international
standards;
(b) The prevalence of sexual violence and abuse, in particular among displaced
children, children engaged in exploitative and hazardous labour, including those working and
living on the streets, and imprisoned children, who should be separated from adult prisoners, and
at discrimination against children belonging to minority clans, who are vulnerable to violence,
including murder, poverty and lack of access to education;
(c) The practice of asiwalid, whereby parents send their disobedient children to be
kept in prison until they order them to be released, which continues to prevail with all the
negative human rights implications this entails;
(d) The continued and protracted flow of refugees and the displacement of an
estimated 400,000 internally displaced persons in Somalia as a result, inter alia, of drought and
intermittent clan conflicts;
6. Calls upon the Transitional Federal Government:
(a) To establish an independent national commission on human rights, in accordance
with the Principles relating to the status of national institutions for the promotion and protection
of human rights (Paris Principles);
(b) To support appropriate investigations throughout Somalia in order to combat
impunity, to bring perpetrators to justice, and to establish an effective, efficient and
non-gender-biased justice system, including the juvenile justice system;
(c) To integrate human rights standards into the institutions, when reconstructing the
Somali executive, legislative and judicial branches, including by establishing a human rights
ombudsman;
(d) To consider signing and ratifying promptly the Convention on the Elimination of
All Forms of Discrimination against Women, and to enhance the activities of the newly
established Ministry for Women and Family Affairs;
(e) To ensure the effective participation of women in the political process,
particularly their access to public office, as stipulated by the Transitional Federal Charter;
(f) To ensure girls enrolment in schools;
(g) To ratify the Convention on the Rights of the Child and to enhance the activities
of the Government in the field of the protection of the rights of children, in particular children
involved in armed conflict;

7. Firmly condemns:
(a) The serious violations of the commitment undertaken by the parties
on 27 October 2002, which are still occurring, and those who obstruct the peace process and
persist on the path of confrontation and conflict by committing, inter alia, acts of violence such
as hostage-taking, abduction and murder, including of humanitarian relief workers and
United Nations agency personnel;
(b) The ongoing widespread violations and abuse of human rights and humanitarian
law against internally displaced persons, refugees, minorities, vulnerable groups, women and
children, including the nearly universal practice of female genital mutilation, particularly the
practice of infibulation, which remains a matter of serious concern;
(c) The forced or compulsory recruitment of children for use in armed conflict, the
use of these children in armed conflict by militias, the practice of child labour, particularly
domestic labour, and the involvement of children in exploitative and hazardous labour, and a
juvenile justice system not in accordance with international standards;
8. Calls upon:
(a) All parties throughout Somalia to strengthen their commitment to the
establishment and functioning of transitional federal institutions, aware of the fact that the
peaceful coexistence of all parties and groups is also an important foundation for the respect of
human rights, and to abide by and implement expeditiously the decisions adopted throughout the
national reconciliation process;
(b) All States to commit themselves to the long-term objective of regional
stability, inter alia by providing immediate political and diplomatic support to the
Transitional Federal Government of Somalia and the work of the Coordination and Monitoring
Committee;
(c) All relevant stakeholders to support the establishment of a stronger field presence
of the Office of the United Nations High Commissioner for Human Rights in Somalia,
particularly its activities of human rights advocacy and investigations of human rights violations,
in order to develop a culture of human rights, as well as its effective participation in the
United Nations Country Team by appointing a senior human rights adviser;
(d) The United Nations, non-governmental organizations and the Bretton Woods
institutions to speed up the implementation of their projects, in particular in the fields of human
rights, including rights of the child, womens rights and gender equality, health, with specific
attention to the mentally disabled and to combating HIV/AIDS and other sexually transmitted
diseases, demobilization, disarmament and rehabilitation of militia, the struggle against the
proliferation of small arms, mine clearance and rehabilitation of basic infrastructures, and to
specifically provide support for the voluntary return and reintegration of Somali refugees and the
provision of urgent and extensive humanitarian assistance to, and protection for, those who have
been internally displaced;
(e) The United Nations and its Member States to support Somali-led efforts, as well
as those of the African Union, to improve the security situation in Somalia;

9. Also calls upon:
(a) All parties to stop all acts of violence, to abstain from engaging in hostilities and
to prevent any act likely to increase tension and insecurity, particularly the forced or compulsory
recruitment of children for use in armed conflict, and to pay serious attention to their protection,
as set out in human rights and international humanitarian standards, in particular those pertaining
to internal armed conflict, and to guarantee also to all persons involved in humanitarian action,
including international media, their complete freedom of movement and safe and unhindered
access to civilians in need of protection and humanitarian assistance throughout the country;
(b) All States and other actors to comply scrupulously with the arms embargo
established by Security Council resolution 733 (1992) of 23 January 1992, and to continue to
work closely with the mechanisms established to enforce the arms embargo pursuant to
Security Council resolution 733 (1992);
(c) All States to prevent persons and entities from taking advantage of the situation in
Somalia to finance, plan, facilitate, support or commit terrorist acts from the country,
emphasizing that efforts to combat terrorism in Somalia are inseparable from the establishment
of peace and governance in the country;
(d) All Member States to provide political support to the Somali national
reconciliation process within the framework and under the aegis of the Coordination and
Monitoring Committee;
(e) Individual donor countries, international organizations and non-governmental
organizations to cooperate fully with the independent expert appointed by the Secretary-General
on the situation of human rights in Somalia and to incorporate human rights principles and
objectives in their humanitarian and development work in Somalia;
10. Invites Governments and organizations in a position to do so to respond positively
to requests by the Secretary-General for assistance in the implementation of the present
resolution;
11. Requests:
(a) The United Nations High Commissioner for Human Rights to provide for the
translation of international human rights treaties and this resolution, accompanied by an
appropriate background explanatory note, into the Somali language and for their dissemination to
the greatest extent possible within the country;
(b) The transitional federal institutions to cooperate fully with all the mechanisms of
the Commission, including by extending invitations to all special procedures, in particular to the
Special Rapporteur on violence against women, its causes and consequences, and the Special
Representative of the Secretary-General for children and armed conflict;
12. Commends the work carried out by the independent expert on the situation of
human rights in Somalia and welcomes his report (E/CN.4/2005/117);

13. Decides:
(a) To extend the mandate of the independent expert for a further year and requests
him to report to the Commission at its sixty-second session;
(b) To request the Secretary-General to continue to provide the independent expert
with all necessary assistance in carrying out his mandate and to provide adequate resources, from
within existing overall United Nations resources, to fund the activities of the independent expert
and the High Commissioner in providing advisory services and technical assistance;
(c) To continue its consideration of this question as a matter of high priority at its
sixty-second session under the same agenda item;
14. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 28.]
60th meeting
21 April 2005
[Resolution adopted without a vote.
See chap. XIX, paras. 651 to 654.]
2005/84. The protection of human rights in the context of human immunodeficiency
virus (HIV) and acquired immunodeficiency syndrome (AIDS)
The Commission on Human Rights,
Recalling its resolutions 2003/47 of 23 April 2003, 2001/51 of 24 April 2001 and
1999/49 of 27 April 1999, as well as the Declaration of Commitment on HIV/AIDS adopted by
General Assembly resolution S-26/2 of 27 June 2001 at its twenty-sixth special session on
HIV/AIDS, which affirms that the realization of human rights and fundamental freedoms for all
is essential to reduce vulnerability to HIV/AIDS and that respect for the rights of people living
with HIV/AIDS drives an effective response,
Noting with concern that, according to estimates and statistics of the Joint
United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization,
at the end of 2004 the number of people living with HIV was 39.4 million, including 4.9 million
people newly infected with HIV in 2004, and the number of people who have died of AIDS
since the beginning of the epidemic is more than 20 million, including the 3.1 million people
who died of AIDS in 2004,
Noting also with concern that, according to UNAIDS and the World Health Organization,
in the last two years, the number of people living with HIV has risen in every region, with the
steepest increases occurring in East Asia, Eastern Europe and Central Asia,

Noting with particular concern that, also according to UNAIDS and the World Health
Organization, women and girls are disproportionately affected by the epidemic in that they
comprise an increasing proportion of the people infected, particularly in sub-Saharan Africa
where women account for 57 per cent of those infected, with young women aged 15 to 24 being
three times more likely to be infected than young men of the same age, and in Eastern Europe,
Asia and Latin America, where the proportion of infected women continues to grow,
Noting also with particular concern that the situation of children under 15 made
vulnerable or orphaned by HIV/AIDS is worsening, with an estimated 2.2 million children living
with HIV at the end of 2004, including 640,000 children newly infected that year; that
510,000 children died of AIDS in 2004 and 500,000 children are in need of HIV/AIDS
treatment; and that 12 million children have been orphaned in sub-Saharan Africa, with the
number expected to rise to more than 18 million by 2010,
Noting with concern that an estimated 95 per cent of all people infected with HIV live in
the developing world, mostly in conditions of poverty, underdevelopment, conflict and
inadequate measures for the prevention, care and treatment of HIV infection, and that
marginalized groups in these societies are even more vulnerable to HIV infection and the impact
of AIDS,
Also noting with concern the devastating impact of HIV/AIDS, including increased
mortality and morbidity among men, women and children; higher health and social costs; and, in
hardest-hit countries, devastation of human and social capital and development gains, including
the reduction of poverty, resulting in a major threat to the achievement of the internationally
agreed development goals, including those contained in the United Nations Millennium
Declaration,
Taking note of the fact that in the context of the 3 by 5 initiative to treat three million
people by 2005, the World Health Organization and UNAIDS have estimated that 700,000
people in developing countries were receiving antiretroviral treatment by the end of 2004, which
represented 12 per cent of the 5.8 million people in need of such treatment,
Emphasizing, in view of the increasing challenges presented by HIV/AIDS, the need for
intensified efforts to ensure universal respect for and observance of human rights and
fundamental freedoms for all so as to reduce vulnerability to HIV/AIDS, to prevent
HIV/AIDS-related discrimination and stigma, and to reduce the impact of HIV/AIDS,
Concerned that lack of full enjoyment of human rights by persons suffering from
economic, social or legal disadvantage heightens the vulnerability of such persons to the risk of
HIV infection and to its impact, if infected,
Recalling the guidelines on HIV/AIDS and human rights as summarized
(E/CN.4/1997/37, para. 12), including the summary of the Revised Guideline 6: Access to
prevention, treatment, care and support (2002), which provide guidance to ensuring the respect,
protection and fulfilment of human rights in the context of HIV/AIDS,

Taking note with interest of the reports by the United Nations special procedures that
have devoted specific attention, in the context of their mandates, to the critical intersection
between the protection of human rights and an effective response to the epidemic, among others,
the Special Rapporteurs on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health, on torture and other cruel, inhuman or degrading
treatment or punishment, on the promotion and protection of the right to freedom of opinion and
expression, on violence against women, its causes and consequences, and on the sale of children,
child prostitution and child pornography,
Recalling general comment No. 3 (2003) on HIV/AIDS and the rights of the
child, adopted by the Committee on the Rights of the Child at its thirty-second session in
January 2003,
Welcoming the fact that positive steps in implementing previous resolutions have been
taken, including the enactment of legislation in some countries to promote human rights in the
context of HIV/AIDS and to prohibit discrimination against persons infected or presumed to be
infected and members of vulnerable groups,
Welcoming also the significant role of UNAIDS in cooperation with relevant bodies of
the United Nations system, in particular the Office of the United Nations High Commissioner for
Human Rights, and of national and international non-governmental organizations, in particular
organizations of people living with HIV/AIDS, in promoting and protecting human rights in the
context of HIV/AIDS, including fighting discrimination against people living with HIV/AIDS,
and in the full range of prevention, treatment and care activities,
Recalling that HIV-related stigma and discrimination are major obstacles to an effective
HIV/AIDS response and that discrimination on the basis of HIV or AIDS status, actual or
presumed, is prohibited by existing international human rights law, and that the term or other
status in non-discrimination provisions in international human rights texts should be interpreted
to cover health status, including HIV/AIDS,
Welcoming the report of the Secretary-General on the protection of human rights in the
context of HIV and AIDS (E/CN.4/2005/79), which provides an overview of action taken by a
number of Governments, specialized agencies and international and non-governmental
organizations on the implementation of the guidelines on HIV/AIDS and human rights, as
summarized (E/CN.4/1997/37, para. 12), and their dissemination, and which addresses issues of
technical cooperation for the promotion and protection of human rights in the context of
HIV/AIDS,
Also welcoming the appointment by the Secretary-General of Special Envoys on
HIV/AIDS for Africa, Asia, the Caribbean and Eastern Europe,
1. Invites States, United Nations organs, programmes and specialized agencies and
international and non-governmental organizations to continue to take all necessary steps to
ensure the respect, protection and fulfilment of HIV/AIDS-related human rights, as contained
in the guidelines on HIV/AIDS and human rights, as summarized (E/CN.4/1997/37, para. 12);

2. Calls upon all States to implement in full the Declaration of Commitment on
HIV/AIDS adopted in 2001 by the General Assembly at its twenty-sixth special session on
HIV/AIDS;
3. Invites States, United Nations bodies and international and non-governmental
organizations, including the international donor community, to further contribute to international
cooperation and assistance, with a view to assisting developing countries, particularly the least
developed countries, in the context of the Three Ones key principles of UNAIDS and in the
context of HIV-related human rights through, inter alia, advancing HIV/AIDS prevention and
care programmes, including the provision of youth-friendly and gender-sensitive health
programmes, facilitating equal access to HIV-related treatment, and sharing knowledge and
achievements concerning HIV-related issues;
4. Invites States to develop, support and strengthen national mechanisms for
protecting HIV-related human rights in consultation with relevant national bodies, including
national human rights institutions and professional bodies, to monitor and enforce HIV-related
human rights, to eliminate HIV-related stigma and discrimination, and to ensure that codes of
professional conduct respect human rights and dignity in the context of HIV/AIDS, so that
infected persons who reveal their HIV status, those presumed to be infected and other affected
persons are protected from violence, stigmatization and discrimination;
5. Urges States to ensure that their laws, policies and practices, including workplace
policies and practices, respect human rights in the context of HIV/AIDS and promote effective
programmes for the prevention and treatment of HIV/AIDS and the prohibition of HIV-related
discrimination, including through voluntary testing and counselling, education, media and
awareness-raising campaigns, improved and equitable access to high-quality goods and health
care, particularly to safe and effective medication, assistance to educate people infected with and
affected by HIV/AIDS about their rights and to assist them in realizing their rights;
6. Urges all States to integrate sexual and reproductive health programmes and
the promotion and protection of reproductive rights, as understood in previous international
commitments, such as the Programme of Action adopted by the International Conference
on Population and Development held in Cairo from 5 to 13 September 1994
(A/CONF.171/13/Rev.1, chap. I, resolution 1, annex) and the Beijing Declaration and
Programme for Action adopted by the Fourth World Conference for Women held in
Beijing from 4 to 15 September 1995 (A/CONF.177/20/Rev.1, chap. I, sect. A) and their
follow-ups, as strong and robust components of their national strategies on HIV/AIDS, and
stresses that women have the right to have control over and decide freely and responsibly on
matters related to their sexuality, including sexual and reproductive health, free of coercion,
discrimination and violence;
7. Requests States to further develop and, where necessary, establish coordinated,
participatory, gender-sensitive, transparent and accountable national policies and programmes
for HIV/AIDS response and to translate national policies to district level and local action,
involving in all phases of development and implementation non-governmental and faith- and
community-based organizations, including womens organizations and advocacy groups and
representatives of people living with HIV/AIDS and vulnerable groups;

8. Also requests States to take all appropriate measures to protect the human rights
of women and children in the context of HIV/AIDS, in particular to address gender inequality,
violence against women and girls, harmful traditional practices, as well as the legal and social
needs of children orphaned or made vulnerable by HIV/AIDS and the needs of their caregivers;
9. Calls upon States to ensure full and equal access for women and children to HIV
prevention, information, voluntary counselling and testing, education and care, as well as to
high-quality medication and treatment, including through the development of efficient national
health systems with the necessary human resources, recognizing the need for youth-friendly
services and the appropriate role and responsibility of parents, families, legal guardians and
caregivers in this regard;
10. Invites the human rights treaty bodies, when considering reports submitted by
States parties, to give particular attention to HIV-related rights and invites States to include
appropriate HIV-related information in the reports they submit to the relevant treaty bodies;
11. Invites States when preparing their progress reports to the General Assembly on
the implementation of the Declaration of Commitment on HIV/AIDS to include information on
human rights in the context of HIV/AIDS;
12. Requests all special procedures and open-ended working groups of the
Commission to continue to integrate the protection of HIV-related human rights within their
respective mandates;
13. Requests the Secretary-General to invite Member States and the United Nations
organs and programmes, as well as the specialized agencies, to integrate HIV-related human
rights into their policies, programmes and activities, including those involving regional
intergovernmental human rights and other bodies, and to involve non-governmental and faithand
community-based organizations and the private sector in all phases of development and
implementation, to help ensure a system-wide approach, stressing the coordinating and catalytic
role of UNAIDS;
14. Also requests the Secretary-General to solicit comments from Governments,
United Nations organs, programmes and specialized agencies and international and
non-governmental organizations on the steps they have taken to promote and implement, where
applicable, programmes to address the urgent HIV-related human rights of women, children
and vulnerable groups in the context of prevention, care and access to treatment as described
in the guidelines on HIV/AIDS and human rights, as summarized (E/CN.4/1997/37, para. 12),
and the present resolution, and to submit, in consultation with interested parties, a progress report
to the Commission for consideration at its sixty-third session.
61st meeting
21 April 2005
[Resolution adopted without a vote.
See chap. XIV, paras. 427 to 436.]

2005/85. Technical cooperation and advisory services in the Democratic Republic
of the Congo
The Commission on Human Rights,
Reaffirming that all States Members have an obligation to promote and protect human
rights and fundamental freedoms,
Noting that the Democratic Republic of the Congo is a party to several international and
regional human rights instruments and to several instruments pertaining to international
humanitarian law,
Bearing in mind its previous relevant resolutions, the most recent of which is resolution
2004/84 of 21 April 2004, those of the General Assembly, the most recent of which is resolution
59/207 of 20 December 2004, and the Security Council resolutions on the subject, including
resolutions 1592 (2005) of 30 March 2005 and 1325 (2000) of 31 October 2000,
Noting the communiqué of the Peace and Security Council of the African Union
(PSC/AHG/Comm.(XXIII)) adopted by heads of State and Government of the African Union
in Libreville on 10 January 2005,
Recalling the report of the Special Rapporteur on extrajudicial, summary or arbitrary
executions (E/CN.4/2003/3/Add.3), concerning the massacres that took place in the region
of Kisangani on 14 May 2002 and thereafter, and referring in that connection to the
statements made by the President of the Security Council, the most recent of which dates
from 2 March 2005 (S/PRST/2005/10),
Taking note of the seventeenth report of the Secretary-General on the United Nations
Organization Mission in the Democratic Republic of the Congo (S/2005/167), particularly the
parts of the report relating to human rights, and the report of the Group of Experts on the
Democratic Republic of the Congo (S/2005/30),
Taking note also of the letter dated 9 February 2005 from the Secretary-General
addressed to the President of the Security Council, regarding cases of sexual abuse committed by
certain members of the United Nations Organization Mission in the Democratic Republic of the
Congo (S/2005/79),
Concerned at reports of violations of human rights and international humanitarian law,
including in the eastern part of the Democratic Republic of the Congo, and more particularly in
North Kivu and South Kivu, northern Katanga and Ituri, as described, among others, in the
above-mentioned reports,
1. Welcomes:
(a) The gradual establishment inside the country of the five institutions supporting
the transition;

(b) The strengthening of the mandate of the United Nations Organization Mission in
the Democratic Republic of the Congo, including with regard to the human rights component,
and the increase in its personnel in accordance with Security Council resolutions 1565 (2004)
of 1 October 2004 and 1592 (2005) of 30 March 2005;
(c) The action of the Congolese Ministry of Human Rights to promote and protect
human rights;
(d) The action taken by the field office of the Office of the United Nations
High Commissioner for Human Rights in the Democratic Republic of the Congo, and
encourages the Government to continue to cooperate with the International Committee in
Support of the Transition and the United Nations agencies in place, particularly the field office
and the United Nations Organization Mission in the Democratic Republic of the Congo;
(e) The joint initiative of the Government of the Democratic Republic of the Congo,
United Nations agencies and non-governmental organizations to combat sexual violence against
women and children;
(f) The current process of reform of the judicial system by the Transitional
Government with the support of the European Union;
(g) The oral report presented by the independent expert on the situation of
human rights in the Democratic Republic of the Congo at the fifty-ninth session of the
General Assembly, his visits to the Democratic Republic of the Congo from 22 August
to 2 September 2004 and from 9 to 18 November 2004, and his report to the Commission at its
sixty-first session (E/CN.4/2005/120), and thanks the independent expert for his work;
(h) The implementation of the national disarmament, demobilization and
reintegration programme and the close cooperation with the United Nations Organization
Mission in the Democratic Republic of the Congo, other United Nations bodies, humanitarian
organizations and the World Bank with a view to continuing to ensure the rapid demobilization
and reintegration of armed groups, and of child soldiers in particular;
(i) The Dar es Salaam Declaration adopted on 20 November 2004 at the first
summit of heads of State of the International Conference on Peace, Security, Democracy and
Development in the Great Lakes Region;
2. Takes note of:
(a) The signing in October 2004 by the Democratic Republic of the Congo and
the Office of the Prosecutor of the International Criminal Court of an agreement on judicial
cooperation and a provisional memorandum of understanding on the privileges and immunities
of members of the International Criminal Court in the territory of the Democratic Republic of
the Congo;
(b) The continued investigation of crimes presumed to have been committed in the
territory of the Democratic Republic of the Congo since the entry into force, on 1 July 2002, of
the Rome Statute of the International Criminal Court (A/CONF.183/9);

3. Expresses its concern at:
(a) The persistent reports of violations of human rights and international
humanitarian law in the Democratic Republic of the Congo, particularly in North Kivu and
South Kivu, northern Katanga and Ituri, as described in the above-mentioned reports;
(b) The attacks on human rights defenders in the Democratic Republic of the Congo,
particularly in the eastern part of the country;
4. Condemns:
(a) The violations of human rights and international humanitarian law, particularly
in Ituri, North Kivu and South Kivu, northern Katanga and other areas in the eastern part of the
Democratic Republic of the Congo, including armed violence and reprisals against the civilian
population and the recourse to sexual violence against women and children, which is being used
as a weapon of war;
(b) The impunity enjoyed by those responsible for violations of human rights and
international humanitarian law;
(c) The massacres that have been perpetrated, including those reported in Lukweti,
Nyabiondo, Walikale, Bweremana and Kanyabayonga in North Kivu and in Kalehe, Bukavu,
Kaniola and Uvira in South Kivu;
(d) The ambush and murder of members of the United Nations Organization Mission
in the Democratic Republic of the Congo on 25 February 2005 in Kafé;
(e) The illegal exploitation of the natural resources of the Democratic Republic of the
Congo, which is linked to the continuation of armed clashes, thereby putting the population
groups in the areas concerned at great risk of a deterioration in their health and economic
situation;
5. Urges all the parties, including non-signatories of the Global and All-Inclusive
Agreement on the Transition in the Democratic Republic of the Congo, signed in Pretoria
on 17 September 2002:
(a) To provide support for the transition and its institutions, in order to permit the
restoration of political and economic stability and the progressive strengthening of State
structures throughout the Democratic Republic of the Congo in accordance with their obligations
under the Transitional Constitution, and for the smooth functioning of the electoral process;
(b) To allow free and secure access to all areas in order to permit and facilitate
investigations of the presumed serious violations of human rights and international humanitarian
law, so that the perpetrators are brought to justice, and to that end to cooperate fully with
national and international human rights protection mechanisms in the interests of the
investigations of the presumed violations of human rights and international humanitarian law in
the Democratic Republic of the Congo;

(c) To ensure that the military officers whose names are mentioned in the report of
the United Nations High Commissioner for Human Rights in connection with serious violations
of international humanitarian law and human rights continue to be investigated, are suspended
from duty until the investigations are completed and, if the conclusions of the investigations so
warrant, are brought to justice;
(d) To protect human rights and to respect international humanitarian law, in
particular by ensuring the safety, security and freedom of movement of all civilians, as well as
free access for humanitarian personnel to all affected population groups throughout the
Democratic Republic of the Congo;
(e) To guarantee the rights and welfare of persons displaced within the country,
repatriates and groups of refugees;
(f) To respect and promote the full exercise of all human rights by women and to
take special measures to protect women and children from all sexual and other forms of violence;
(g) To support the national disarmament, demobilization and reintegration
programme and the disarmament and community reintegration programme in Ituri, and to
put a stop to the recruitment and use of child soldiers in violation of international law and
the African Charter on the Rights and Welfare of the Child;
6. Requests the Transitional Government to take specific measures:
(a) To achieve the objectives of the period of transition as laid down in the
Global and All-Inclusive Agreement, in particular the holding of free and transparent elections
at all levels, enabling the establishment of a democratic constitutional regime and the formation
of a restructured and integrated national army and an integrated national police force that
are provided with adequate financial resources and equipment with which to accomplish their
tasks;
(b) To comply fully with its obligations under international human rights instruments,
and accordingly to continue to cooperate with United Nations mechanisms for the protection of
human rights and with the field office of the Office of the High Commissioner in the Democratic
Republic of the Congo;
(c) To intensify its efforts to restore the rule of law throughout the Democratic
Republic of the Congo, thus enabling the population to experience peace and progress once
again;
(d) To pursue and accelerate reform of the judicial system;
(e) To put an end to impunity and ensure, as it is duty-bound to do, that those
responsible for human rights violations and grave breaches of international humanitarian law are
brought to justice in accordance with due process, and to that end requests the High
Commissioner to ensure that consultations continue between the field office of the Office of the
High Commissioner in the Democratic Republic of the Congo and the Secretary-General

concerning ways to assist the Transitional Government of the Democratic Republic of the Congo
in tackling the problem of impunity, and requests the High Commissioner to submit a report to
the Commission at its sixty-second session on these consultations and on possible options for
putting an end to the impunity of the perpetrators of crimes committed before 1 July 2002;
(f) To continue to cooperate fully with the International Criminal Court and the
International Tribunal for Rwanda, by ensuring that they have all necessary means with which to
accomplish their task;
(g) To reinstate the moratorium on capital punishment and persevere in its declared
objective of progressively abolishing the death penalty;
(h) To respond to the specific needs of women and girls during and after the conflict
and to ensure as soon as possible the full participation of women in every phase of the
peace-making process, in particular peacekeeping, conflict management and the consolidation
of peace;
(i) To continue with and to step up its efforts to put a stop to the recruitment of child
soldiers;
(j) To continue with its programme for the disarmament, demobilization and
reintegration of former combatants, taking into account the special needs of the women and
children, especially girls, associated with these combatants;
7. Requests the international community:
(a) To continue to provide support for the transition and its institutions, in particular
by providing financial and political support in the fields of reform of the security sector, the rule
of law and the electoral process;
(b) To provide the financial resources and technical assistance needed by the
Transitional Government and the United Nations Organization Mission in the Democratic
Republic of the Congo to complete the process of disarmament, demobilization, repatriation and
reintegration;
(c) To support the field office of the Office of the High Commissioner in the
Democratic Republic of the Congo in order to enable it to implement its programmes fully;
(d) To facilitate the holding of the second meeting of the summit of the International
Conference on Peace, Security, Democracy and Development in the Great Lakes Region, under
the auspices of the United Nations and the African Union, to be attended by all the Governments
of the region and all the other parties concerned, and, in this connection, to call on the latter to
fulfil their commitments under the Dar es Salaam Declaration;
8. Decides:
(a) To extend the mandate of the independent expert for one year and to request the
Secretary-General to provide all necessary assistance to enable the independent expert to fulfil
his mandate;

(b) To request the independent expert to submit a progress report to the
General Assembly at its sixtieth session, and to report to the Commission at its sixty-second
session;
(c) To renew its request to the Secretary-General that he should provide advisory
services to the Democratic Republic of the Congo in the field of human rights;
(d) To reconsider the matter at its sixty-second session under the same agenda item;
9. Recommends the following draft decision to the Economic and Social Council for
adoption:
[For the text, see chap. I, sect. B, draft decision 29.]
61st meeting
21 April 2005
[Resolution adopted without a vote.
See chap. XIX, paras. 642 to 650.]
B. DECISIONS
2005/101. Organization of work
At its 2nd meeting, on 14 March 2005, the Commission on Human Rights decided,
without a vote, to invite the following persons to participate in its meetings:
(a) In connection with item 3: Mr. E. A. Addo, independent expert on the situation of
human rights in the Sudan;
(b) In connection with item 5: Ms. S. Shameem, Special Rapporteur on the use of
mercenaries as a means of impeding the exercise of the right of peoples to self-determination;
(c) In connection with item 6: Mr. D. Diène, Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance;
(d) In connection with item 6: Mr. P. L. Kasanda, Chairperson-Rapporteur of the
Working Group of Experts on People of African Descent;
(e) In connection with item 6: Mr. J. Martabit, Chairperson-Rapporteur of the
Intergovernmental working group on the effective implementation of the Durban Declaration and
Programme of Action;
(f) In connection with item 7: Mr. I. Salama, Chairperson-Rapporteur of the
Working Group on the Right to Development;
(g) In connection with item 8: Mr. J. Dugard, Special Rapporteur on the situation of
human rights in the Palestinian territories occupied since 1967;

(h) In connection with item 9: Mr. A. Severin, Special Rapporteur to establish direct
contacts with the Government and with the people of Belarus;
(i) In connection with item 9: Ms. C. Chanet, Personal Representative of the
United Nations High Commissioner for Human Rights on the situation of human rights in Cuba;
(j) In connection with item 9: Mr. V. Muntarbhorn, Special Rapporteur on the
situation of human rights in the Democratic Peoples Republic of Korea;
(k) In connection with item 9: Mr. P. S. Pinheiro, Special Rapporteur on the situation
of human rights in Myanmar;
(l) In connection with item 9 (b): Ms. H. Warzazi, Chairperson-Rapporteur of the
Working Group on Communications of the Sub-Commission on the Promotion and Protection of
Human Rights; representatives of States in respect of which situations were being considered
under item 9 (b);
(m) In connection with item 9 (b): Mr. L. Huseynov, independent expert on the
human rights situation in Uzbekistan;
(n) In connection with item 10: Mr. M. Kothari, Special Rapporteur on adequate
housing as a component of the right to an adequate standard of living, and on the right to
non-discrimination in this context;
(o) In connection with item 10: Mr. O. Ibeanu, Special Rapporteur on the adverse
effects of the illicit movement and dumping of toxic and dangerous products and wastes on the
enjoyment of human rights;
(p) In connection with item 10: Mr. B. A. Nyamwaya Mudho, independent expert on
the effects of structural adjustment policies and foreign debt on the full enjoyment of all human
rights, particularly economic, social and cultural rights;
(q) In connection with item 10: Mr. J. Ziegler, Special Rapporteur on the right to
food;
(r) In connection with item 10: Mr. A. Sengupta, independent expert on the question
of human rights and extreme poverty;
(s) In connection with item 10: Mr. V. Muñoz Villalobos, Special Rapporteur on the
right to education;
(t) In connection with item 10: Mr. P. Hunt, Special Rapporteur on the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health;
(u) In connection with item 10: Ms. C. de Albuquerque, Chairperson-Rapporteur of
the Open-ended working group with a view to considering options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights;

(v) In connection with item 11: Mr. Alejandro Salinas, Chairperson-Rapporteur of
the third consultative meeting on the basic principles and guidelines on the right to a remedy
and reparation for victims of violations of international human rights and humanitarian law;
(w) In connection with item 11 (a): Ms. L. Zerrougui, Chairperson-Rapporteur of the
Working Group on Arbitrary Detention;
(x) In connection with item 11 (a): Mr. M. Nowak, Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment;
(y) In connection with item 11 (a): Mr. I. Tosevski, Chairperson of the Board of
Trustees of the United Nations Voluntary Fund for Victims of Torture;
(z) In connection with item 11 (b): Mr. P. Alston, Special Rapporteur on
extrajudicial, summary or arbitrary executions;
(aa) In connection with item 11 (b): Mr. S. J. Toope, Chairperson-Rapporteur of the
Working Group on Enforced or Involuntary Disappearances;
(bb) In connection with item 11 (b): Mr. B. Kessedjian, Chairperson-Rapporteur of
the Intersessional open-ended working group to elaborate a draft legally binding normative
instrument for the protection of all persons from enforced disappearance;
(cc) In connection with item 11 (c): Mr. A. Ligabo, Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression;
(dd) In connection with item 11 (d): Mr. L. Despouy, Special Rapporteur on the
independence of judges and lawyers;
(ee) In connection with item 11 (e): Ms. A. Jahangir, Special Rapporteur on freedom
of religion or belief;
(ff) In connection with item 12: Ms. C. M. Gallardo Hernández, Chairperson of the
Commission on the Status of Women;
(gg) In connection with item 12: Ms. S. Huda, Special Rapporteur on the human rights
aspects of trafficking in persons, especially women and children;
(hh) In connection with item 12 : Ms. R. Mayanja, Special Adviser on gender issues
and the promotion of women;
(ii) In connection with item 12 (a): Ms. Y. Ertürk, Special Rapporteur on violence
against women, its causes and consequences;
(jj) In connection with item 13: Mr. J. M. Petit, Special Rapporteur on the sale of
children, child prostitution and child pornography;

(kk) In connection with item 13: Mr. O. A. Otunnu, Special Representative of the
Secretary-General for children and armed conflict;
(ll) In connection with item 13: Mr. P. S. Pinheiro, independent expert to direct an
in-depth study of the question of the violence against children;
(mm) In connection with item 14 (a): Ms. G. Rodríguez Pizarro, Special Rapporteur on
the human rights of migrants;
(nn) In connection with item 14 (c): Mr. W. Kälin, Representative of the
Secretary-General on the human rights of internally displaced persons;
(oo) In connection with item 14 (d): Ms. G. Shahinian, member of the Board of
Trustees of the United Nations Voluntary Fund on Contemporary Forms of Slavery;
(pp) In connection with item 14 (d): Ms. S. H. Khalifa bin Ahmed al-Thani, Special
Rapporteur on disability of the Commission for Social Development;
(qq) In connection with item 15: Mr. L. E. Chávez, Chairperson-Rapporteur of the
Open-ended intersessional working group on the draft United Nations declaration on the rights of
indigenous peoples;
(rr) In connection with item 15: Mr. R. Stavenhagen, Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people;
(ss) In connection with item 15: Ms. E.-I. Daes, Special Rapporteur of the
Sub-Commission on the Promotion and Protection of Human Rights to undertake a study on
indigenous peoples permanent sovereignty over natural resources;
(tt) In connection with item 15: Mr. J. C. Morales Morales, member of the Board of
Trustees of the United Nations Voluntary Fund for Indigenous Populations;
(uu) In connection with item 16: Mr. S. J. Sorabjee, Chairperson of the
Sub-Commission on the Promotion and Protection of Human Rights at its fifty-sixth session;
(vv) In connection with item 17: Ms. D. Orentlicher, independent expert appointed to
update the Set of Principles for the promotion of human rights to combat impunity;
(ww) In connection with item 17: Mr. R. K. Goldman, independent expert to assist the
High Commissioner in examining the question of the protection of human rights and
fundamental freedoms while countering terrorism;
(xx) In connection with item 17 (b): Ms. H. Jilani, Special Representative of the
Secretary-General on the situation of human rights defenders;
(yy) In connection with item 18 (a): Mr. M. J. Yutsis, Chairperson of the Committee
on the Elimination of Racial Discrimination;

(zz) In connection with item 18 (a): Ms. V. Bonoan-Dandan, Chairperson of the
Committee on Economic, Social and Cultural Rights;
(aaa) In connection with item 18 (a): Mr. F. Mariño Menéndez, Chairperson of the
Committee against Torture;
(bbb) In connection with item 18 (a): Mr. A. Amor, Chairperson of the Human Rights
Committee;
(ccc) In connection with item 18 (a): Ms. R. G. Manalo, Chairperson of the Committee
on the Elimination of Discrimination against Women;
(ddd) In connection with item 18 (a): Mr. J. E. Doek, Chairperson of the Committee on
the Rights of the Child;
(eee) In connection with item 18 (a): Mr. P. Kariyawasam, Chairperson of the
Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families;
(fff) In connection with item 19: Mr. P. Leuprecht, Special Representative of the
Secretary-General for human rights in Cambodia;
(ggg) In connection with item 19: Mr. G. Alnajjar, independent expert appointed by the
Secretary-General on the situation of human rights in Somalia;
(hhh) In connection with item 19: Mr. A. Okola, independent expert on the situation of
human rights in Burundi;
(iii) In connection with item 19: Ms. C. Abaka, independent expert on technical
cooperation and advisory services in Liberia;
(jjj) In connection with item 19: Mr. T. F. Pacéré, independent expert on the situation
of human rights in the Democratic Republic of the Congo;
(kkk) In connection with item 19: Ms. M. Pinto, independent expert on the situation of
human rights in Chad;
(lll) In connection with item 19: Mr. M. C. Bassiouni, independent expert on the
situation of human rights in Afghanistan;
(mmm) In connection with item 19: Mr. L. Joinet, independent expert on the situation of
human rights in Haiti;
(nnn) In connection with item 19: Mr. T. Hammarberg, Chairperson of the Board of
Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of
Human Rights.
[See chap. III, paras. 15 and 16.]

2005/102. Postponement of consideration of draft resolution E/CN.4/2005/L.3
At its 50th meeting, on 14 April 2005, the Commission on Human Rights decided,
without a vote, to defer consideration of draft resolution E/CN.4/2005/L.3, entitled Human
rights situation of the Lebanese detainees in Israel, to its sixty-second session, under the same
agenda item.
[See chap. IX, paras. 149 and 150.]
2005/103. Question of human rights in Cyprus
At its 50th meeting, on 14 April 2005, the Commission on Human Rights decided,
without a vote, to retain on its agenda sub-item (a), entitled Question of human rights in
Cyprus, of the item entitled Question of the violation of human rights and fundamental
freedoms in any part of the world and to give it due priority at its sixty-second session, it being
understood that action required by previous resolutions of the Commission on the subject would
continue to remain operative, including the request to the Secretary-General to submit a report to
the Commission regarding their implementation.
[See chap. IX, paras. 183 and 184.]
2005/104. Corruption and its impact on the full enjoyment of human rights, in
particular economic, social and cultural rights
At its 51st meeting, on 15 April 2005, the Commission on Human Rights, taking note
of Sub-Commission on the Promotion and Protection of Human Rights resolution 2004/4
of 9 August 2004, decided, without a vote, to endorse the request of the Sub-Commission to the
Secretary-General to facilitate the work of the Special Rapporteur to prepare a comprehensive
study on corruption and its impact on the full enjoyment of human rights, in particular economic,
social and cultural rights, by enabling her to attend the meetings of the Friends of the
United Nations Convention against Corruption, which take place in Vienna.
[See chap. X, paras. 257 to 260.]
2005/105. Study on non-discrimination as enshrined in article 2, paragraph 2,
of the International Covenant on Economic, Social and
Cultural Rights
At its 51st meeting, on 15 April 2005, the Commission on Human Rights, taking note
of Sub-Commission on the Promotion and Protection of Human Rights resolution 2004/5
of 9 August 2004, decided, without a vote, to approve the decision of the Sub-Commission to
appoint Mr. Marc Bossuyt as Special Rapporteur to undertake a study on non-discrimination
as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social
and Cultural Rights, based on the working paper prepared by Mr. Emmanuel Decaux

(E/CN.4/Sub.2/2004/24), on the comments received and the discussions held at the
fifty-sixth session of the Sub-Commission, and in close cooperation with the Committee on
Economic, Social and Cultural Rights, and the decision to request the Special Rapporteur to
submit a preliminary report to the Sub-Commission at its fifty-seventh session, an interim report
at its fifty-eighth session and a final report at its fifty-ninth session.
The Commission also approved the request of the Sub-Commission that the
Secretary-General provide the Special Rapporteur with all the necessary assistance to enable
him to carry out his mandate.
[See chap. X, paras. 261 to 266.]
2005/106. Promotion of the realization of the right to drinking water and
sanitation
At its 51st meeting, on 15 April 2005, the Commission on Human Rights, taking note
of resolution 2004/6 of 9 August 2004 of the Sub-Commission on the Promotion and Protection
of Human Rights, decided, without a vote, to approve the request of the Sub-Commission to
have the reports of the 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 the national and international
levels (E/CN.4/Sub.2/2002/10, E/CN.4/Sub.2/2003/WP.3 and E/CN.4/Sub.2/2004/20) issued in
the official languages of the United Nations.
[See chap. X, paras. 267 to 269.]
2005/107. Terrorism and human rights
At its 57th meeting, on 19 April 2005, the Commission on Human Rights, taking note of
resolution 2004/21 of 12 August 2004 of the Sub-Commission on the Promotion and Protection
of Human Rights, decided, by a recorded vote of 40 votes to 2, with 11 abstentions:
(a) To express its deep appreciation to the Special Rapporteur, Ms. Kalliopi Koufa,
for her excellent final report on the study entitled Terrorism and human rights
(E/CN.4/Sub.2/2004/40);
(b) To recommend to the Economic and Social Council, mindful of the
importance of the study of human rights and terrorism conducted over a number of years, that a
compilation into a comprehensive document of all the reports and documents submitted to date
by the Special Rapporteur be published as a United Nations publication as part of the
Human Rights Study Series.
[See chap. XI, paras. 367 to 372.]

2005/108. The difficulty of establishing guilt and/or responsibility with regard to
crimes of sexual violence
At its 57th meeting, on 19 April 2005, the Commission on Human Rights, taking note of
resolution 2004/29 of 12 August 2004 of the Sub-Commission on the Promotion and Protection
of Human Rights, decided, without a vote, to approve the decision of the Sub-Commission to
appoint Ms. Lalaina Rakotoarisoa as Special Rapporteur entrusted with preparing a detailed
study on the difficulties of establishing guilt and/or responsibilities with regard to crimes of
sexual violence, and to request the Special Rapporteur to submit to the Sub-Commission a
preliminary report at its fifty-seventh session, an interim report at its fifty-eighth session and a
final report at its fifty-ninth session.
The Commission also approved the request of the Sub-Commission to the
Secretary-General to provide the Special Rapporteur with any assistance she may require to
carry out her mandate.
[See chap. XII, paras. 397 to 399.]
2005/109. Discrimination based on work and descent
At its 57th meeting, on 19 April 2005, the Commission on Human Rights, taking note
of resolution 2004/17 of 12 August 2004 of the Sub-Commission on the Promotion and
Protection of Human Rights, decided, without a vote, to approve the decision of the
Sub-Commission to appoint Mr. Yozo Yokota and Ms. Chin-Sung Chung as Special Rapporteurs
with the task of preparing a comprehensive study on discrimination based on work and descent,
on the basis of the three working papers submitted to the Sub-Commission on this topic
(E/CN.4/Sub.2/2001/16, E/CN.4/Sub.2/2003/24 and E/CN.4/Sub.2/2004/31), the comments
made during the sessions of the Sub-Commission at which those working papers were submitted
and the provisions of the above-mentioned resolution, and of responses from Governments,
national human rights institutions, relevant organs and agencies of the United Nations system
and non-governmental organizations to a questionnaire to be elaborated and circulated by the
Special Rapporteurs.
The Commission also approved the request of the Sub-Commission to the Special
Rapporteur to submit a preliminary report to the latter at its fifty-seventh session, a progress
report at its fifty-eighth session and a final report at its fifty-ninth session, and its request to the
Secretary-General and the United Nations High Commissioner for Human Rights to provide the
Special Rapporteurs with all the assistance necessary to enable them to accomplish this task.
[See chap. XIV, paras. 462 to 464.]
2005/110. Final report on the study on indigenous peoples permanent
sovereignty over natural resources
At its 58th meeting, on 20 April 2005, the Commission on Human Rights, taking
note of resolution 2004/9 of 9 August 2004, of the Sub-Commission on the Promotion
and Protection of Human Rights, decided, by a recorded vote of 38 votes to 2, with
12 abstentions:

(a) To express its deep appreciation to the Special Rapporteur,
Mrs. Erica-Irene A. Daes, for her excellent and very comprehensive final report on the study
entitled Indigenous peoples permanent sovereignty over natural resources
(E/CN.4/Sub.2/2004/30 and Add.1);
(b) To recommend to the Economic and Social Council that it authorize the Office of
the United Nations High Commissioner for Human Rights to convene an expert seminar during
the year 2005, to which representatives of indigenous peoples and Governments as well as the
Special Rapporteur will be invited, in order to give further attention to and to discuss in detail the
many political, legal, economic, social and cultural aspects and matters raised in the
above-mentioned study, as well as to the study of the Special Rapporteur entitled Indigenous
peoples and their relationship to land (E/CN.4/Sub.2/2001/21);
(c) Also to recommend to the Economic and Social Council, mindful of the
importance of the studies, which may, inter alia, be used as a basis for reconciliation between
Governments and indigenous peoples, that they be issued as United Nations publications as part
of the Human Rights Study Series.
[See chap. XV, paras. 492 to 496.]
2005/111. Human rights and human responsibilities
At its 58th meeting, on 20 April 2005, the Commission on Human Rights, having
considered the report of the Office of the United Nations High Commissioner on Human Rights
on this issue (E/CN.4/2005/99), decided, by a recorded vote of 26 votes to 25, with 1 abstention,
to request Mr. Miguel Alfonso Martínez, author of the study on human rights and human
responsibilities requested by the Commission in its resolution 2000/63 of 26 April 2000, to
prepare, without financial implications, for submission to and discussion at its sixty-second
session, under the same agenda item, a new initial version of the pre-draft declaration on human
social responsibilities (E/CN.4/2003/105, annex I), taking into account the debate held on this
matter during its sixty-first session and, in particular, the comments and suggestions advanced by
States and international governmental and non-governmental organizations on the pre-draft
declaration, as reflected in the compilation that appears in the report of the Office of the
High Commissioner.
[See chap. XVII, paras. 511 to 515.]
2005/112. The legal implications of disappearance of States and other territories
for environmental reasons, including the implications for the human
rights of their residents, with particular reference to the rights of
indigenous peoples
At its 59th meeting, on 20 April 2005, the Commission on Human Rights, taking note
of Sub-Commission on the Promotion and Protection of Human Rights resolution 2004/10
of 9 August 2004, decided, by a recorded vote of 51 votes to 2, to welcome the working paper on
the human rights situation of indigenous peoples in States and other territories threatened with

extinction for environmental reasons (E/CN.4/Sub.2/AC.4/2004/CRP.1), and endorsed the
request of the Sub-Commission to Ms. Françoise Hampson to update and expand her work and
submit an expanded working paper to the fifty-seventh session of the Sub-Commission.
The Commission also endorsed the request of the Sub-Commission to the
Secretary-General to provide Ms. Hampson with all necessary assistance to enable her to update
and expand her working paper, inter alia, by facilitating her contacts with States, including
transmitting a questionnaire elaborated by Ms. Hampson to solicit information required in
connection with her study.
[See chap. XVII, paras. 600 to 603.]
2005/113. Enhancing and strengthening the effectiveness of the special procedures
of the Commission on Human Rights
At its 60th meeting, on 21 April 2005, the Commission on Human Rights, taking note of
the initial discussion paper on enhancing the effectiveness of the special mechanisms of the
Commission prepared by the experts of the Group of Asian States on human rights at the request
of the Groups ambassadors, as well as written responses to it, and bearing in mind the report of
the Intersessional open-ended working group on enhancing the effectiveness of the mechanisms
of the Commission (E/CN.4/2000/112) and its decision 2000/109 of 26 April 2000, as well as
Action 4 as contained in the report of the Secretary-General entitled Strengthening of the
United Nations: an agenda for further change (A/57/387 and Corr.1), decided, without a vote,
to request the United Nations High Commissioner for Human Rights:
(a) To transmit the initial discussion paper and the responses to it to the special
procedures mandate holders and to solicit their views, including on any additional contributions
from all relevant stakeholders;
(b) To organize an informal consultation between the special procedures mandate
holders and States, with the participation of the Office of the United Nations High Commissioner
for Human Rights and non-governmental organizations in consultative status with the Economic
and Social Council, devoted to an exchange of views on the issues contained therein for
enhancing and strengthening the effectiveness of the special procedures of the Commission at
their annual meeting in 2005;
(c) To study the issues raised in the initial discussion paper and contributions to it in
light of Commission decision 2000/109 as well as of Action 4 and identify the practical steps
taken by her Office to address these issues;
(d) To organize an open-ended seminar during 2005, from within existing resources,
in consultation with the Expanded Bureau of the Commission, as part of the effort to enhance
and strengthen the effectiveness of the special procedures;
(e) To submit a report on the implementation of the present decision to the
Commission at its sixty-second session.
[See chap. XX, paras. 672 to 675.]

2005/114. Dates of the sixty-second session of the Commission on Human Rights
At its 61st meeting, on 21 April 2005, the Commission on Human Rights, recalling
Economic and Social Council decision 1994/297 of 29 July 1994 and taking into account
Council decisions 1997/291 of 22 July 1997 and 2002/278 of 25 July 2002, decided, without a
vote, that the first meeting of the Commission would be held on the third Monday in January
with the sole purpose of electing its officers, and that the sixty-second session of the
Commission would be held from 13 March to 21 April 2006.
[See chap. III, paras. 56 and 57.]
2005/115. Organization of work of the sixty-second session of the Commission
on Human Rights
At its 61st meeting, on 21 April 2005, the Commission on Human Rights, taking into
account its heavy schedule of work as well as the need to give adequate consideration to all the
items on its agenda, decided, without a vote:
(a) To recommend to the Economic and Social Council that it authorize six fully
serviced additional meetings, including summary records, in accordance with rules 29 and 31 of
the rules of procedure of the functional commissions of the Council, for the Commissions
sixty-second session;
(b) To request the Chairperson of the sixty-second session of the Commission to
make every effort to organize the work of the session within the time normally allotted so that
the additional meetings that the Council might authorize would be utilized only if they proved to
be absolutely necessary.
[See chap. III, paras. 58 to 60.]
2005/116. Proposed reform of the Secretary-General in the area of human rights
At its 62nd meeting, on 22 April 2005, the Commission on Human Rights, taking into
account the report of the Secretary-General entitled In larger freedom: towards development,
security and human rights for all (A/59/2005) on, inter alia, the reform of the Commission, and
bearing in mind the recommendations contained in the reports of the panels commissioned by
the Secretary-General, that is, the report of the High-level Panel on Threats, Challenges and
Change entitled A more secure world: our shared responsibility (see A/59/565 and Corr.1) and
the Millennium Project report entitled Investing in Development: A Practical Plan to Achieve
the Millennium Development Goals, decided, by a recorded vote of 34 votes to 15,
with 4 abstentions, to establish an open-ended working group, to be chaired by its current
Chairperson, which will convene a five-day intersessional meeting in June 2005 to reflect
coherently on the recommendations on human rights contained in the report of the
Secretary-General with a view to contributing to the intergovernmental deliberations on the
proposed reform of the United Nations in the General Assembly and, to this end, decided to
convene a one-day special session to formally adopt the outcome of the open-ended working
group and transmit it to the Secretary-General through the Economic and Social Council.

The Commission also decided to recommend to the Economic and Social Council the
following draft decision for adoption:
[For the text, see chap. I, sect. B, draft decision 41.]
[See chap. III, paras. 35 to 44.]
2005/117. Situation of human rights in Liberia
At its 62nd meeting, on 22 April 2005, the Commission on Human Rights, taking note
with appreciation of the report of the independent expert on the situation of human rights in
Liberia (E/CN.4/2005/119), decided, without a vote, to consider the question at its sixty-second
session under the same agenda item.
[See chap. III, paras. 45 and 46.]
2005/118. Technical cooperation and advisory services in the field of human rights
in Chad
At its 62nd meeting, on 22 April 2005, the Commission on Human Rights decided,
without a vote:
(a) To take note of the report of the independent expert on the situation of human
rights in Chad (E/CN.4/2005/121) and to thank the independent expert for her excellent work;
(b) To commend the cooperation by the Government of Chad with the independent
expert and the United Nations High Commissioner for Human Rights regarding the promotion
and protection of fundamental rights;
(c) To welcome with satisfaction the readiness of the Government of Chad to
accept the opening of an office in Chad of the Office of the United Nations High Commissioner
for Human Rights;
The Commission also decided to request the Office of the High Commissioner to expand
its cooperation with the Government of Chad.
[See chap. III, paras. 47 and 48.]
C. CHAIRPERSONS STATEMENTS THAT THE
COMMISSION AGREED ON BY CONSENSUS
1. Situation of human rights in Colombia
1. The Commission on Human Rights strongly supports the activities of the office in
Colombia of the United Nations High Commissioner for Human Rights, whose mandate was
extended in September 2002 at the initiative of the President of the Republic of Colombia for a
four-year period until October 2006. This office plays an important role in the work against
ongoing violations of human rights and international humanitarian law in Colombia, through

monitoring, advice, technical cooperation, and informational and promotional activities. The
Commission welcomes the proposed visit to Colombia in May 2005 of the High Commissioner,
at the invitation of the Government of Colombia.
2. The Commission trusts that the Government of Colombia, through close
cooperation with the office in Colombia of the High Commissioner will continue to actively
support and promote it in carrying out its full mandate. The Commission calls upon the
Government of Colombia to make full use of the advisory services and technical cooperation of
the office. The Commission encourages continued financial support for the office.
3. The Commission welcomes the report of the High Commissioner on the situation
of human rights in Colombia (E/CN.4/2005/10 and Corr.1) and takes note of the document
containing the observations of the Government of Colombia on that report (E/CN.4/2005/G/29).
The Commission welcomes the ongoing dialogue between the office in Colombia of the
High Commissioner and the Government of Colombia, especially the Office of the
Vice-President, and the national and regional authorities. The Commission highlights the efforts
of the Government and State institutions to work towards the implementation of the
recommendations of the High Commissioner and recognizes the progress made so far. The
Commission calls on the Government of Colombia to continue its efforts to obtain further results
promptly and to ensure that the recommendations of the High Commissioner are integrated fully
and in a coherent manner in all areas of public policy. It calls on the international community to
continue to support the prompt implementation by all relevant parties of these recommendations.
4. The Commission welcomes the cooperation of the Government of Colombia with
United Nations bodies and mechanisms for the promotion and protection of human rights. The
Commission welcomes the ratification of the 1999 Convention concerning the prohibition and
immediate action for the elimination of the worst forms of child labour (No. 182) of the
International Labour Organization. The Commission also welcomes the ongoing debate with
regard to the ratification by Colombia of the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women. The Commission calls upon the
Government of Colombia to consider ratifying pending international treaties and to proceed with
the formal ratification of those that have been approved. The Commission urges the Government
and Congress to comply fully with the obligations assumed by Colombia as a State party to
international human rights and international humanitarian law instruments. The Commission
calls upon the Government of Colombia to make use of the advice and technical services of the
Office of the United Nations High Commissioner for Human Rights in the implementation of the
recommendations of the special human rights procedures and mechanisms.
5. The Commission expresses grave concern at the situation of human rights and
international humanitarian law, in particular with regard to vulnerable groups. The Commission
is particularly alarmed at reported violations of the rights to life, personal integrity, freedom and
security, due process, privacy and intimacy, and is concerned at reported breaches of the
fundamental freedoms of movement, residence, opinion and expression. The Commission
recognizes the efforts of the Government of Colombia to strengthen respect for civil, political,
economic, social and cultural rights and takes note of the efforts of State institutions to
investigate violations of human rights. The Commission also notes that, in 2004, illegal armed
groups were responsible for a vast majority of the breaches of international humanitarian law and
criminal acts.

6. The Commission urges that dialogue and negotiations be pursued between the
Government of Colombia and all illegal armed groups, aimed at overcoming the situation of
violence stemming from the conflict with illegal armed groups and at reaching a lasting peace.
The Commission emphasizes the importance of truth, justice and reparation in a comprehensive
peace strategy that should lead to reconciliation and lasting peace.
7. The Commission reiterates its support to the Government of Colombia in its
search for a negotiated solution to the internal armed conflict, including through direct
engagement with those illegal armed groups that may be prepared to cease all hostilities and
undertake a constructive and significant peace process, and welcomes the efforts and
achievements to date of the Government in this regard. The Commission also underlines the role
played by the Secretary-General, and welcomes the engagement of the Organization of American
States, the Government of Mexico, the group of friendly countries and other countries, as well as
the efforts of the Catholic Church in the processes towards peace in Colombia. The Commission
also calls for greater involvement of civil society as an important contribution to the
establishment of a dialogue towards peace.
8. The Commission reaffirms its support for the London Declaration of 10 July 2003
and its recommendations, as well as the Cartagena Declaration adopted on 4 February 2005. The
Commission recognizes the efforts and achievements of the Government of Colombia in
carrying forward the spirit of the London Declaration, and encourages it to continue the process.
The Commission welcomes the efforts of the Government of Colombia to engage in a
constructive dialogue with civil society, and the recognition of the important role of civil society.
9. The Commission stresses its full support to the Government of Colombia in its
efforts to establish the rule of law throughout the country, to fight against impunity, and to fight
against terrorism and illicit drug production and trafficking in the framework of the rule of law
and respect for human rights. The Commission welcomes the fact that relevant authorities are
now able to exercise their powers in nearly all municipalities; it also welcomes the fact that an
increased presence of the State has enabled the latter to adopt measures for the prevention and
protection of the civilian population in the municipal centres.
10. The Commission notes the ongoing process of disarmament and demobilization.
The Commission urges the Government and Congress of Colombia to establish, as soon as
possible a comprehensive legal framework for the disarmament, demobilization and reintegration
process of the illegal armed groups that fully recognize and guarantee the rights to truth, justice
and reparations. Such a comprehensive legal framework would bring about a lasting peace in the
framework of good governance, democracy, the rule of law and respect for human rights, and
lead towards national reconciliation. It should also recognize the principle that persons charged
with human rights violations and abuses cannot be granted impunity from prosecution.
11. The Commission is concerned about continuing cases of problems relating
to access to justice, judicial independence and impartiality, judicial guarantees and presumption
of innocence. The Commission appeals to the Government of Colombia increasingly to address
the issue of impunity and to take action to improve the capacity and effectiveness of the judicial
system. In this context the Commission acknowledges the adoption of a new oral procedure

that expedites criminal processes. The Commission underlines the important role of the
Constitutional Court in the defence of human rights - civil and political as well as economic,
social and cultural rights - democracy and rule of law. The Commission also notes the work
of the Office of the Ombudsman and other State institutions in the defence of human rights.
12. The Commission urges the Government and Congress of Colombia to take into
account international human rights law and international humanitarian law in the process of
reform of the justice system, so as to guarantee judicial control over actions by the State, ensure
judicial guarantees for its citizens and ensure that the military is not granted judicial powers in a
manner inconsistent with international obligations. The Commission acknowledges the reforms
introduced in the Prosecutor-Generals Office using the advisory services of the office in
Colombia of the High Commissioner and financial support of the international community. The
Commission also calls upon the Office of the Vice-President to continue its activities within its
programme to combat impunity. The Commission suggests that the Government of Colombia
continue using the advisory services and technical cooperation of the office regarding an
appropriate framework for judicial reform that could contribute to strengthening the rule of law.
13. The Commission encourages the Government of Colombia to pursue
its commendable intention to adopt the National Action Plan on Human Rights and International
Humanitarian law, encourages it also to adopt this action plan by December 2005 and notes with
appreciation its ongoing efforts to prepare it following full and transparent consultations with
representatives of civil society. In this regard, the Commission welcomes the Agreement for
Technical Cooperation signed by the Office of the Vice-President and the office in Colombia of
the High Commissioner.
14. The Commission encourages the Government of Colombia to further develop,
according to international parameters, its statistical system in order to cover adequately
violations of human rights and breaches of international humanitarian law, by making use of the
advice of the Office of the High Commissioner.
15. The Commission also welcomes the decrease for indicators of violence such as
homicides, massacres and kidnappings as compared to those of 2003. It shares the Government
concern that the level and frequency of such crimes remain extremely high.
16. The Commission reiterates the need for all security measures taken under the
democratic security policy to comply with the obligations of Colombia under international law
and international humanitarian law. The Commission takes into account that controls for
detention procedures and the right of habeas corpus exist in Colombia. However, it also
expresses its gravest concern at reports of extrajudicial executions attributed to members of the
security forces or other public servants and at reports of arrests and mass searches carried out
without appropriate legal foundations and the practice of individual or massive arrests as well as
individual or mass detentions. The Commission also expresses grave concern at reports of
widespread use of torture and continuing enforced disappearances. The Commission
acknowledges that the Government submits such reports to competent authorities for
investigation.

17. The Commission expresses concern at the role of unverified information from
informants. The Commission appeals to the Government of Colombia not to use information
that has not been adequately verified. The Commission takes note that the Government of
Colombia has set up a system that submits information provided by informants to procedures for
further verification.
18. The Commission expresses grave concern at reports that members of the security
forces were responsible for breaches of international humanitarian law. The Commission
expresses serious concern at reports of cases of support, collusion or complicity on the part of
State agents with paramilitary groups, and encourages the Government of Colombia to
strengthen its policy to sever all links between paramilitary groups and civil servants at regional
and national levels in administrations and institutions and takes note of the increasing number of
investigations carried out by the State. It calls upon the Government of Colombia to increase its
efforts to investigate such reports and to prosecute the personnel concerned under civil law and
calls on the Government to make full use of the legal powers at its disposal to ensure that
measures of suspension are taken when the investigation reveals significant evidence of
collusion with the paramilitary forces.
19. The Commission requests that the Government of Colombia implement firmly its
commitment to foster investigations of complaints in relation to forced disappearances, mainly
perpetrated by paramilitary groups but also sometimes attributed to the security forces. The
Commission expresses its concern at reports about the growing number of arbitrary detentions
that can lead to stigmatization of and threats towards the members of civil society who have been
detained.
20. The Commission welcomes the invitation by the Government of Colombia
extended to the Working Group on Enforced or Involuntary Disappearances to visit Colombia in
June 2005. The Commission also notes the work undertaken by the Office of the Ombudsman,
together with other institutions, to set up a mechanism to investigate cases of disappearance.
21. The Commission condemns all breaches of international humanitarian law in
Colombia and calls on all parties to the conflict to respect international humanitarian law,
including the humanitarian principles of distinction, limitation, proportionality and immunity of
the civilian population.
22. The Commission condemns massacres and cruel violence, in particular the
murder of eight members of the Community of Peace of San José de Apartadó, including four
children, on 21 February 2005, and calls on the Government of Colombia to ensure that a full
investigation is carried out into this massacre, and that its perpetrators are brought to justice.
23. The Commission strongly condemns continuous breaches by the
paramilitary groups of the cessation of hostilities, and the fact that all illegal armed groups
continue to use violent means and to commit serious and numerous breaches such as attacks
on the civilian population, indiscriminate attacks, homicides, massacres, hostage-taking,
or forced displacements, recruitment of minors and violence against women and girls.

24. The Commission strongly condemns all acts of terrorism and other criminal
attacks, such as attacks against life, physical integrity and personal liberty and safety, committed
by the illegal armed groups. It strongly urges all illegal armed groups to comply with
international humanitarian law and to respect the legitimate exercise by the population of their
human rights.
25. The Commission welcomes the very positive actions taken by the Government to
comply with the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer
of Anti-Personnel Mines and on Their Destruction, especially the recent destruction of the
stocked mines by the Army. It encourages the Government to continue the process of de-mining,
as well as to continue its efforts to prevent and limit risks to the population - especially to
displaced and returned persons - and to strengthen mechanisms for assisting victims of
anti-personnel landmines. The Commission calls on the international community to continue
supporting the programmes set up by the Government of Colombia to comply with the
Convention. The Commission condemns frequent indiscriminate attacks committed by the
illegal armed groups with anti-personnel landmines, which have maimed or killed hundreds of
Colombians, including women and children. The Commission strongly urges all illegal armed
groups to comply with the Convention and immediately stop using anti-personnel landmines and
destroy all stockpiles.
26. The Commission also condemns the recruitment of a large number of children by
illegal armed groups and urges those groups to stop such recruitment and to demobilize
immediately those children currently in their ranks, in accordance with Security Council
resolution 1539 (2004) of 22 April 2004. The Commission encourages the Government of
Colombia to intensify its efforts to ensure the reintegration of all child soldiers into society.
27. In this regard, the Commission notes that some progress has been made in ending
the recruitment and use of children by illegal armed groups. It acknowledges that the National
Disarmament, Demobilization and Reintegration Programme of the Colombian Institute for
Family Welfare has assisted over 800 children from November 2003 to December 2004, and that
another 550 children were assisted by the disarmament, demobilization and reintegration
programme for indigenous and Afro-Colombian children by the International Organization for
Migration during the last two years, as documented in the report of the Secretary-General on
children and armed conflict (A/59/695-S/2005/72).
28. The Commission firmly condemns the practice of kidnapping, whether for
political or economic reasons. The Commission expresses deep concern at the still high number
of kidnapped persons, and deplores the consequences that kidnappings have on victims, their
families and society as a whole. The Commission urges the immediate and unconditional release
of all the kidnapped persons. In this context, the Commission emphasizes the importance of
reaching a humanitarian agreement that can lead to the rapid release of those kidnapped and to
ending the practice of kidnapping. The Commission also condemns the fact that illegal armed
groups continue to fund their activities through kidnapping, and through involvement in the
production and trafficking of illegal drugs.
29. The Commission welcomes the efforts of the Government to ensure a presence of
security forces over the territory and to develop preventive responses to the risks faced by
vulnerable groups through the Inter-Institutional Early Warning Committee , and acknowledges
the progress made so far in this regard. The Commission encourages the Government to further

strengthen and improve the Committee, especially by reviewing the risk-evaluation mechanisms
it has adopted. It further encourages the Committee to analyse carefully the risk reports
involving the paramilitaries as well as guerrilla groups.
30. The Commission deplores the fact that human rights defenders, including trade
unionists, womens organizations, social leaders, as well as journalists, opinion makers and local
officials including members of political parties, community leaders, judicial officers and
business people continue to be particularly affected by the armed conflict and to be the victims
of homicides and threats by the illegal armed groups. The Commission encourages the
Government to ensure that the programmes for the protection of human rights defenders and
other vulnerable groups are comprehensive and effective. Reaffirming its particular concerns
regarding the climate of hostility existing around the work of human rights defenders, the
Commission also encourages the Government to ensure that all public servants at all levels show
due respect to the individual and collective work carried out by human rights defenders. The
Commission calls upon the Government to ensure that no public statements are made that may
endanger their lives, integrity and security.
31. The Commission welcomes the increase in resources allocated to the programme
of protection of vulnerable populations within the Department of the Interior and Justice, and the
permanent integration of protection programmes into the National Development Plan. The
Commission notes the constructive dialogue with civil society undertaken by the Vice-President
at Cartagena in February 2005 and expresses the hope that such an approach will continue to be
strengthened.
32. The Commission remains deeply concerned by the still extremely high
numbers of internally displaced persons, and urges the illegal armed groups to refrain from
actions that give rise to displacements. It recognizes the downward trend in the number of newly
displaced persons, noting however that the total number of newly displaced has increased. The
Commission calls on the Government of Colombia to continue to implement the
recommendations of the Representative of the Secretary-General on the human rights of
internally displaced persons and encourages the Government to continue to cooperate with
international bodies, especially the Office of the United Nations High Commissioner for
Refugees and the International Committee of the Red Cross. The Commission supports the
efforts towards durable solutions to the still grave humanitarian situation, such as the National
Plan of Integrated Aid to Displaced Persons, for which financial resources have increased. It
also encourages the Government of Colombia to conclude the Plan for Humanitarian Aid, and to
implement both plans urgently. The Commission urges all illegal armed groups to allow
humanitarian access to all areas throughout the country.
33. The Commission deplores the continued violence against indigenous and
Afro-Colombian communities. The Commission also expresses grave concern at the situation of
the indigenous and Afro-Colombian communities that are being subjected to confinement.
34. The Commission further condemns ongoing violations of the economic, social
and cultural rights of persons belonging to minorities and indigenous communities, and urges all
actors to respect their special cultural status. It appeals to all illegal armed groups to respect the
identity and integrity of these minorities and indigenous communities. Supporting the efforts of
the Government of Colombia to promote and protect the rights of persons belonging to
minorities and indigenous communities, the Commission calls upon the Government of

Colombia to increase its efforts to alleviate extreme poverty in regions with great concentrations
of minorities and indigenous communities. The Commission encourages the Government to take
special and urgent measures to defend indigenous communities at risk of extinction and to
prevent their forced displacement.
35. The Commission condemns the continuing violations of the rights of women and
girls and the climate of impunity in which such violations occur, and stresses the need to
investigate, prosecute and punish those responsible for such violations. The Commission
condemns particularly the reports of attacks against the personal integrity and dignity of women
and girls, sexual and gender based violence and slavery like practices, which have been
attributed mainly to illegal armed groups, but also to members of the security forces. The
Commission encourages the Government to adopt a gender perspective while addressing the
problem of impunity, and the guarantees of the rights to truth, justice and reparations of victims
of the armed conflict, as well as in the development and implementation of public policies to
address poverty and social and economic inequalities. The Commission supports the efforts of
the Government in setting up programmes of the Presidential Advisory Office on Womens
Equality in the areas of peace building, security, development and rural women, as well as in
developing a specific statistical system to monitor the situation of women in the framework of
the fulfilment of the commitments made at the Fourth World Conference on Women, held in
Beijing in September 1995. The Commission calls upon the Government to implement these
programmes. It also underlines the importance of the National Agreement on Gender Equality
and of the National Policy on Sexual and Reproductive Health and urges further advances in
these areas.
36. The Commission also deplores violations of the right to life of children. It is
concerned that abandonment, child labour, sexual exploitation and abuse, physical ill-treatment
and familial violence continue to occur, and calls for a specific policy for children to be
developed to address these issues.
37. The Commission stresses the need to further address poverty, exclusion, social
injustice and the gap in wealth distribution. The Commission supports the efforts of the
Government of Colombia to address extreme poverty, illiteracy and unemployment and to
guarantee access to health, education and housing and encourages the Government to adopt a
gender perspective in the formation of policies in these areas. The Commission is encouraged by
the reduction of the unemployment rate.
38. The Commission further calls upon the Government of Colombia to make
full use of the advisory services and technical expertise of the office in Colombia of the
High Commissioner for Human Rights with a view to ensuring that norms and measures adopted
by Colombian institutions are consistent with international human rights law. The Commission
also calls upon the Government of Colombia to ensure that the recommendations of the
High Commissioner are implemented swiftly, and reiterates the need for the adoption in the first
half of 2005 of a timetable for implementation of the recommendations. The Commission
welcomes the commitment of the Government of Colombia to work in a constructive spirit with
the office in Colombia to examine the implementation and evaluation of the recommendations.
39. The Commission calls upon the international community to continue to support
the prompt implementation by all relevant parties of the recommendations of the
High Commissioner.

40. The Commission requests the High Commissioner to submit to it at its
sixty-second session a detailed report containing an analysis by Office of the
High Commissioner of the human rights situation in Colombia, in accordance with the
agreement between the Government of Colombia and her Office on the operation of the
permanent office in Bogotá.
[See chap. III, paras. 25 to 28.]
2. Technical cooperation in the field of human rights in Afghanistan
1. The Commission on Human Rights recalls the statement of 21 April 2004,
made by the Chairperson of its sixtieth session on technical cooperation in the field of
human rights in Afghanistan (E/2004/23-E/CN.4/2004/127, para. 713) and takes note of the
relevant report of the Secretary-General (A/59/581-S/2004/925), his reports on children and
armed conflict (A/59/695-S/2005/72), on women, peace and security (S/2004/814) and on the
situation of women and girls in Afghanistan (E/CN.6/2005/5), in particular his conclusions and
recommendations. The Commission also recalls the resolutions and presidential statements of
the Security Council, including resolution 1325 (2000) of 31 October 2000 on women, peace and
security. It takes note of the most recent resolution on the question adopted by the Commission
on the Status of Women. It also recalls the report by the Special Rapporteur on adequate
housing as a component of the right to an adequate standard of living on his mission to
Afghanistan (E/CN.4/2004/48/Add.2) and takes note of the report by the independent expert on
the situation of human rights in Afghanistan (E/CN.4/2005/122), respectively. It further takes
note of other United Nations resolutions and decisions on the situation in Afghanistan. The
Commission on Human Rights also recalls the Agreement on Provisional Arrangements in
Afghanistan pending the Re-establishment of Permanent Government Institutions (the
Bonn Agreement), signed in Bonn, Germany, on 5 December 2001, and the Berlin Declaration
of 1 April 2004.
2. The Commission welcomes the presidential elections organized by the
Afghan Transitional Authority and the United Nations that took place on 9 October 2004 as an
important signal of Afghanistans commitment to democracy, and calls upon the international
community to fully support the preparations for the forthcoming elections organized by the
Government of Afghanistan and the United Nations in September 2005, as envisioned, inter alia,
in the Afghan Constitution, with a view to assisting the Afghan people in consolidating peace
and rebuilding their country. The Commission calls upon all relevant actors to work towards
free and fair elections and to bear in mind, in their activities of support for the elections, the
equal right of women to vote and to be elected, and in this regard welcomes the fact 40 per cent
of the voters participating in the elections were women. It also calls upon the Government of
Afghanistan to continue necessary steps to provide security to allow, in the context of a credible,
free and fair electoral process, all eligible voters to register and participate in the elections
regardless of ethnicity or gender.
3. The Commission further calls upon the Government of Afghanistan to continue,
on the basis of the electoral law adopted on 27 May 2004, to prepare the parliamentary,
provincial and district elections, inter alia through the Joint Electoral Management Body, and
by ensuring that the registration of political parties is done according to the provisions of the
electoral law. The Commission reminds the Government of Afghanistan and the United Nations

Assistance Mission in Afghanistan of the need to ensure that these elections are held as
scheduled on 18 September 2005. The Commission welcomes the work done last year on voter
registration and notes the further work to be done before the parliamentary elections. Increased
participation of women and of refugees will be necessary in order to ensure the successful
process towards free and fair parliamentary, provincial and district elections. In this regard, the
Commission invites the Government of Afghanistan to provide civic education for all people, in
particular women, for a full understanding of the process so as to equip them to fully exercise
their political choice. The Government of Afghanistan is also encouraged to strengthen the
representation of women in local, regional and national government positions.
4. The Commission welcomes the provisions of the new Constitution, which state
that the citizens of Afghanistan, whether men or women, are equal before the law and that at
least two women from each province are to be elected to the Wolesi Jirga (House of the People)
as a national average, and that half of the Presidents nominees to the Meshrano Jirga (House of
Elders) should be women. The Commission also welcomes the appointment of women as
ministers and hails the first-ever appointment of a woman as a provincial governor, as took place
in Bamyan province.
5. The Commission emphasizes that the new Afghan Constitution commits the
Afghan people to the creation of a society free from oppression, discrimination and violence and
based on social justice, democracy, the rule of law, good governance and respect for human
rights and fundamental freedoms, and reiterates the primary responsibility of the democratically
elected Government of Afghanistan for the effective implementation of all the provisions of the
Constitution.
6. Although there have been improvements in the institutional capacity of the
Afghan authorities to deal with human rights, the Commission encourages the Government of
Afghanistan to continue focusing on the promotion and protection of human rights and
fundamental freedoms as described in the Universal Declaration of Human Rights and to
implement those international human rights instruments to which Afghanistan is a party,
including the Convention on the Elimination of All Forms of Discrimination against Women.
7. The Commission recalls that specific attention to the protection and promotion of
womens and childrens rights continues to be of paramount importance. In this regard, the
Commission stresses the importance of appropriate assistance, including further support to the
Government, especially in the area of womens affairs, and calls upon the Government of
Afghanistan to continue to build on its human rights achievements, bearing in mind in particular
its ratification of the Convention on the Elimination of All Forms of Discrimination against
Women, by, inter alia, promoting equal access to education, and more specifically by securing
girls access to education and health care, and ensuring womens full participation in all spheres
of Afghan life. Moreover, while welcoming the successful return to school of millions of boys
and girls and acknowledging the efforts undertaken so far by the Government in responding,
inter alia, to cases of violence against women and children, the Commission expresses concern
about the continuing and serious incidence of violence and abuse against women and girls,
including honour crimes and early and forced marriages, which still occur in certain parts of the
country, and detention for offences against social mores, as well as the increasing reports of
trafficking in women and children in many parts of the country, as well as of abduction and
smuggling of children, in particular in rural areas, and calls for the adoption of comprehensive
anti-trafficking legislation.

8. The Commission stresses that the security situation remains fragile due to
extremist violence, factionalism, and drug trafficking and the increasing criminality related to it,
and strongly emphasizes that an environment free from violence, discrimination and abuse, for
all Afghans, is essential for a viable and sustainable recovery and reconstruction process and the
concomitant protection and promotion of human rights. In this regard, the Commission also
emphasizes the importance of the safety of returning refugees and internally displaced persons
and also the need for safety, security and free movement of all United Nations personnel and
associated personnel involved in humanitarian and reconstruction work. The Commission
strongly urges the international community to continue to ensure support for peace and
security.
9. The Commission also stresses the importance of extending central government
authority to all parts of Afghanistan; of security reform, including by developing and enhancing
the new Afghan National Army and by training and properly equipping the Afghan National
Police; of comprehensive nationwide disarmament, demobilization and reintegration of all armed
factions; and of decisive action by the Government of Afghanistan to implement a national drug
control strategy.
10. The Commission welcomes the commitments taken within the framework of the
international conference held on 31 March and 1 April 2004 in Berlin (see also Security Council
resolutions 1536 (2004) of 26 March 2004 and 1563 (2004) of 17 September 2004.
11. The Commission recognizes that exposing violations of human rights, holding
the perpetrators, including their accomplices, accountable, obtaining justice, reparation, and fair
and adequate compensation for their victims, as well as preserving historical records of such
violations and restoring the dignity of victims through the acknowledgement and
commemoration of their suffering, will guide future societies and are indispensable for the
promotion and implementation of all human rights and the prevention of future violations.
12. The Commission on Human Rights welcomes the fact that the status of the
Afghan Independent Human Rights Commission is recognized by the Constitution and that it has
opened regional offices. The Commission on Human Rights encourages the Government of
Afghanistan to continue to provide appropriate assistance, including political support, to the
Afghan Independent Human Rights Commission to enable it, including by appropriate
legislation, to fulfil its mandate, inter alia with a view to enhancing its cooperation with civil
society, and in a manner consistent with the Principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris Principles) and
Afghanistans international human rights obligations, as strengthened by the mandate under the
Afghan Constitution.
13. The Commission on Human Rights recognizes the significant roles played by the
Judicial Commission and the Afghan Independent Human Rights Commission, the latter of
which continues, with the assistance of the Office of the United Nations High Commissioner for
Human Rights, the United Nations Assistance Mission in Afghanistan and the United Nations
Development Programme, to enhance respect for human rights, particularly those of women,
children, persons belonging to minorities and vulnerable groups, and calls on the Government to
investigate allegations of violations of their human rights.

14. The Commission on Human Rights welcomes plans for a new law on court
organization and structure, including a reform of the Supreme Court. The Commission further
underlines the importance of addressing the discriminatory practices or norms, especially
towards women, inherent in traditional forms of justice and law in accordance with international
human rights standards. The Commission emphasizes the fundamental role of an independent
judiciary in combating impunity and thus in ensuring the protection of the human rights of those
under its jurisdiction, particularly women and children, while welcoming the fact that the rights
of the accused are guaranteed in the Constitution. The Commission recognizes the progress
made within the framework of the judicial reform and encourages all relevant actors to continue
to work on the reform and strengthening of the justice system, including by providing adequate
resources and ensuring equal access, and particularly by ensuring that more women have access
to high-level positions within the judiciary.
15. The Commission encourages the Afghan authorities to develop a comprehensive
plan on the rule of law, including law enforcement, prosecution, the judiciary and rehabilitation
of the correctional system with specific regard to womens access to justice. The Commission
also encourages all relevant actors to help the Afghan authorities improve the ability of national
prisons in order to provide adequate assistance to detainees. It further encourages full
implementation of the Juvenile Code in order to ensure proper treatment of children and
adolescents by justice sector institutions.
16. The Commission on Human Rights also welcomes recent developments towards a
long-term and multifaceted strategy for transitional justice, including the report A call for
justice of the Afghan Independent Human Rights Commission, submitted to President Karzai
on 29 January 2005, and the recommendations contained therein, and underlines the importance
of a credible process of transitional justice for national reconciliation and confidence-building,
led by the Government of Afghanistan with the support of the international community.
17. The Commission on Human Rights has considered the report of the independent
expert, while regretting the long delay in making it available, and notes progress in certain areas
mentioned in the Chairpersons statement at the sixtieth session, and requests, in particular:
(a) The Government of Afghanistan to continue cooperating fully with all special
rapporteurs and human rights mechanisms of the United Nations and to implement their
recommendations;
(b) The United Nations High Commissioner for Human Rights to monitor the human
rights situation in Afghanistan, to compile a report on the human rights situation in Afghanistan
and to continue and to expand, in collaboration with the Government and to the greatest extent
possible, the programme of advisory services and technical cooperation in the field of human
rights and the rule of law. This should include the development and design of technical
assistance projects and programmes;
(c) The High Commissioner to report on the situation of human rights in Afghanistan
and on the achievements of the technical assistance in the field of human rights, particularly with
respect to building national capacity in the field of human rights, to the General Assembly at its
sixtieth session and to the Commission at its sixty-second session;

(d) The Secretary-General to ensure that a senior gender adviser within the newly
established Gender Unit of the United Nations Assistance Mission in Afghanistan be appointed
immediately and with due regard for the need for continuity in this task.
[See chap. XIX, paras. 665 and 666.]
3. Situation of human rights in Haiti
1. The Commission on Human Rights welcomes the measures being implemented
progressively by the Haitian transitional authorities to protect and promote human rights. It
recognizes the economic difficulties facing Haiti and the violence prevalent there. It encourages
the international community to continue to support the transitional authorities in their efforts.
2. The Commission takes note of the difficulties encountered and the efforts made
by the Haitian transitional authorities to put an end to the impunity of perpetrators of human
rights violations.
3. The Commission notes with concern the difficulties in the functioning of the
judicial system arising from delays in pre-trial detention. The Commission encourages the
Haitian transitional authorities to continue their efforts to expedite justice in the context of
respect for rules, including international and regional rules, relating to the right to be tried within
a reasonable time or be released. The Commission calls on the Haitian transitional authorities to
promote the improved functioning of the forensic services.
4. The Commission calls on the Haitian transitional authorities to enforce the rules
governing police conduct more strictly, and encourages the international community to step up
its human rights training and education efforts for the security forces.
5. The Commission welcomes the close cooperation between the Provisional
Electoral Council, the United Nations and the Organization of American States aimed at
ensuring the holding of free and fair elections in Haiti in 2005, and notes with satisfaction the
efforts of the Special Mission of the Organization of American States to strengthen democracy in
Haiti in the areas of justice, individual rights, professionalization of the police and good
governance.
6. The Commission on Human Rights welcomes the establishment of the National
Commission on Disarmament as an important contribution to the long-term restoration of
security in Haiti, and takes note of the resolve of the Haitian transitional authorities to initiate the
process of disarmament, demobilization and reintegration.
7. The Commission on Human Rights thanks the independent expert of the
Secretary-General on the situation of human rights in Haiti for his report (E/CN.4/2005/123),
and invites the independent expert to continue his mission and report thereon at the
sixty-second session of the Commission. It encourages the Haitian transitional authorities to
continue their good cooperation with the independent expert and the implementation of his
recommendations.

8. The Commission welcomes the Haitian transitional authorities agreement to the
opening of an office of the United Nations High Commissioner for Human Rights, as mentioned
in the Chairpersons statements made at the fifty-ninth and sixtieth sessions of the Commission.
Pending the opening of this office, the Commission invites the Office of the High Commissioner
to continue to cooperate closely with the United Nations Stabilization Mission in Haiti, and in
particular its human rights component, and with Haitian national human rights institutions.
[See chap. XIX, paras. 667 and 668.]
4. Question of Western Sahara
The Commission of Human Rights decided, without a vote, to defer consideration of the
matter to its sixty-second session under the same agenda item.
[See chap. V, paras. 71 and 72.]

III. Organization of the work of the session
A. Opening and duration of the session
1. The Commission on Human Rights held its sixty-first session at the United Nations
Office at Geneva on 17 January and from 14 March to 22 April 2005. It held 63 meetings
(see E/CN.4/2005/SR.1-63)1 during the session.
2. The session was opened by Mr. Mike Smith, Chairperson of the Commission at its
sixtieth session.
3. At the 1st meeting, on 17 January 2005, and at the 2nd meeting, on 14 March,
Ms. Louise Arbour, United Nations High Commissioner for Human Rights, made statements.
B. Attendance
4. The session was attended by representatives of States members of the Commission, by
observers for other States Members of the United Nations, by observers for non-member States
and Palestine and by representatives of the specialized agencies, regional intergovernmental
organizations, other entities, national human rights organizations and non-governmental
organizations. An attendance list is given in annex I to the present report.
C. Election of officers
5. At its 1st meeting, the Commission elected the following officers by acclamation:
Chairperson: Mr. Makarim Wibisono (Indonesia)
Vice-Chairpersons: Mr. Hernán Escudero Martínez (Ecuador)
Mr. Mohamed Saleck Ould Mohamed Lemine (Mauritania)
Mr. Anatoliy Zlenko (Ukraine)
Rapporteur: Ms. Deirdre Kent (Canada)
6. Statements in connection with the election of officers were made by the representatives
of Ethiopia (on behalf of the Group of African States) and of the Republic of Korea (on behalf of
the Group of Asian States).
7. At the 19th meeting, on 23 March 2005, the Commission elected by acclamation
Mr. Volodymyr Vassylenko (Ukraine) as new Vice-Chairperson to succeed
Mr. Anatoliy Zlenko.
1 Summary records of each of the meetings are subject to correction. They are considered final with the issuance of
a consolidated corrigendum (E/CN.4/2005/SR.1-63/Corrigendum).

8. A statement in connection with the election of the new Vice-Chairperson was made by
the representative of Armenia (on behalf of the Group of Eastern European States).
9. At the 2nd meeting, the Chairperson of the sixty-first session made his opening
statement.
D. Agenda
10. Also at its 2nd meeting, the Commission had before it the provisional agenda for the
sixty-first session (E/CN.4/2005/1 and Add.1-2) 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 provisional agenda considered by the Commission at its sixtieth session in accordance with
paragraph 3 of Council resolution 1894 (LVII) of 1 August 1974.
11. The agenda was adopted without a vote. For the text as adopted, see the beginning of the
present report.
E. Organization of work
12. The Commission considered the organization of its work at its 1st meeting
on 17 January 2005, at its 2nd meeting on 14 March, at its 16th meeting on 22 March, at
its 24th meeting, on 29 March, at its 41st meeting on 8 April, at its 48th meeting on 13 April, at
its 60th and 61st meetings on 21 April and at its 62nd and 63rd meetings on 22 April.
13. For the documents of the sixty-first session issued under agenda item 3, see annex IV to
the present report. For a list of all resolutions and decisions adopted by the Commission and
Chairpersons statements, by agenda item, see to the beginning of the present report.
14. At its 2nd meeting, on 14 March 2005, the Commission approved the timetable for the
consideration of agenda items as proposed by its officers, with the understanding that it could be
modified in accordance with decisions the Commission might adopt regarding the organization
of its work.
15. At the same meeting, on the recommendation of its officers, the Commission
decided to invite a number of experts, special rapporteurs, special representatives,
chairpersons-rapporteurs of working groups, chairpersons of treaty bodies, if they so
wished and were available, and other persons, to participate in the meetings at which their
reports were to be considered.
16. The decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/101.
17. Also at the 2nd meeting, the Chairperson of the sixtieth session, Mr. Mike Smith, made a
statement.
18. At the same meeting, the Commission accepted the recommendations of its officers that:
(a) The speaking-time limits for the sixty-first session of the Commission
would be 6 minutes per statement per agenda item for member States and 3 minutes for all
observers;

(b) The speaking time for joint statements by member or observer States should not
exceed 15 minutes and if they did so, the individual States that participated in the joint statement
could speak for only half the time allotted under the agenda item;
(c) The speaking-time limits for joint statements by non-governmental
organizations would be as follows: 1 to 2 non-governmental organizations: 3 minutes;
3 to 5 non-governmental organizations: 4 minutes; 6 to 10 non-governmental organizations:
5 minutes; more than 10 non-governmental organizations: 6 minutes; concerned countries
would have an additional 5 minutes added to their normal speaking time;
(d) Special procedures would have 7 minutes to introduce their reports,
with 2 additional minutes for each mission report or complementary document; the
interactive dialogue with special procedures should not exceed 40 minutes in total for each
mandate;
(e) The Chairperson of the Sub-Commission on the Promotion and Protection of
Human Rights would be allocated 15 minutes;
(f) The national institutions would speak for 7 minutes under agenda item 18 (b);
(g) Chairpersons of treaty bodies, if they so wished and were available, would be
invited to address the Commission and speak for 7 minutes.
19. At the 24th meeting, on 29 March 2005, on the recommendation of its officers, the
Commission decided exceptionally to enable a number of non-governmental organizations who
could not speak under item 9 due to its opening earlier than scheduled, to speak for 5 minutes
instead of 3 minutes under either agenda item 10 or 11.
20. The 5th meeting, on 15 March 2005, the 10th meeting on 17 March, the 19th meeting
on 23 March, the 40th meeting, on 8 April, the 44th meeting, on 12 April, the 47th meeting
on 13 April, the 56th meeting, on 19 April and the 61st meeting, on 21 April, were additional
meetings, without additional financial implications.
21. At its 2nd meeting, on the recommendation of its officers, the Commission endorsed the
recommendation that document E/CN.4/2003/118 and Corr.1 and the agreed provisions of
E/CN.4/2002/16 would continue to govern the organization of work and conduct of business of
the sixty-first session.
22. At the 16th meeting, on 22 March 2005, Mr. Søren Jessen-Petersen, the Special
Representative of the Secretary-General for Kosovo addressed the Commission. Statements
were made by the observers of Albania and Serbia and Montenegro, as concerned countries.
23. At the 41st meeting, on 8 April 2005, Mr. Emmanuel Akwei Addo, the independent
expert on the situation of human rights in the Sudan, introduced his report (E/CN.4/2005/11).
During the ensuing interactive dialogue, the representative of the Sudan made a statement, as a
concerned country, on the report. The representatives of Cuba, Sudan and the United States of
America and the observers for Luxembourg (on behalf of the European Union), Switzerland and
the Syrian Arab Republic also addressed questions to the independent expert, to which he
responded.

24. At the 31st meeting, on 4 April 2005, the Commission observed one minute of
silence in connection with the death of Pope John Paul II. The United Nations High
Commissioner for Human Rights, Ms. Louise Arbour, as well as the observers for Poland and
the Holy See made statements.
Situation of human rights in Colombia
25. At the 48th meeting on 13 April 2005, the High Commissioner f introduced her report on
the situation of human rights in Colombia (E/CN.4/2005/10 and Corr.1). The observer for
Colombia made a statement, as a concerned country, on the report.
26. At the same meeting, statements were made by members of the Commission, observers
and representatives of non-governmental organizations. The list of speakers appears in annex II
to the present report.
27. At the 62nd meeting, on 22 April 2005, the Chairperson made a statement on the
situation of human rights in Colombia, which was agreed on by the Commission by consensus.
28. For the text of the statement, see chapter II, section C.
Question of detainees in the area of the United States of America naval base in
Guantánamo
29. At the 60th meeting, on 21 April 2005, the representative of Cuba introduced draft
resolution E/CN.4/2005/L.94/Rev.1, sponsored by Belarus, Cuba and the Syrian Arab Republic.
The Democratic Peoples Republic of Korea, the Libyan Arab Jamahiriya and Venezuela
subsequently joined the sponsors. The draft resolution read as follows:
Question of detainees in the area of the United States of America naval base in Guantánamo
The Commission on Human Rights,
Considering the obligation of States under the Charter of the United Nations to promote universal respect
for, and observance of, human rights and fundamental freedoms through international cooperation,
Aware that all persons are entitled to respect for their human rights as set forth in the Universal Declaration
of Human Rights, and bearing in mind that several of these rights are non-derogable, and that their enjoyment
cannot be restricted under any circumstances,
Recalling the duty of all States to respect and comply with their obligations under international instruments,
including those relating to human rights, to which they are party,
Recalling general comment No. 31 (2004) of the Human Rights Committee, concerning the nature of the
general legal obligation imposed on States parties to the International Covenant on Civil and Political Rights,
Recalling also the request made to the Government of the United States of America on 25 June 2004 by
four thematic procedures mandate holders of the Commission, with the objective of visiting the persons detained on
grounds of terrorism, including in Guantánamo Bay,
Taking into account the statement made on 4 February 2005 by six special procedures mandate holders of
the Commission, reaffirming their serious concern over the situation of detainees at the naval base in Guantánamo,
despite some positive developments that had occurred in recent months,

Taking into account also that a significant number of Governments and parliaments from all over the world
have expressed their concern in this regard, among them the European Parliament which, in its resolution on
Guantánamo adopted on 28 October 2004, called on the United States administration to allow an impartial and
independent investigation into allegations of torture and mistreatment for all persons deprived of their liberty in
United States custody,
Taking note of the information provided by representatives of the United States to Member States
during the sixty-first session of the Commission on some aspects of the question of the detainees in the area of
United States naval base in Guantánamo, and that the United States stated its willingness to consider the requests
made by some special procedures mandate holders to visit the Guantánamo naval base detention centres,
1. Requests the Government of the United States of America to authorize an impartial and
independent fact-finding mission by the relevant special procedures of the Commission on the situation of detainees
at its naval base in Guantánamo;
2. Also requests the Government of the United States, with that end in view, to authorize the
Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the question of
torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health and the
Special Rapporteur on the independence of judges and lawyers to visit the detention centres that have been
established on that base;
3. Requests the United Nations High Commissioner for Human Rights to prepare and submit to the
Commission at its sixty-second session, a report on the situation of the detainees at the United States naval base in
Guantánamo, based on the findings of the visits to be conducted thereto by the mandate holders of the
above-mentioned special procedures;
4. Decides to continue the consideration of this issue at its next session.
30. The representative of Cuba orally revised the draft resolution in its second preambular
paragraph by replacing restricted by derogated from, by adding at the end of the fourth
preambular paragraph in particular its paragraphs 3, 10 and 11, and by replacing in
paragraph 3 based on by bearing in mind.
31. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications2 of the draft resolution.
32. Statements in explanation of vote before the vote were made by the representatives of
Canada, Costa Rica, Honduras, India, Indonesia, Malaysia, Mauritania, the Netherlands
(on behalf of the States members of the European Union that are members of the Commission -
Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of Great Britain and
Northern Ireland; the acceding country that is a member of the Commission - Romania - aligned
itself with the statement), Peru, Sudan and the United States of America.
33. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, as orally revised, which was rejected by 22 votes to 8,
with 23 abstentions. The voting was as follows:
2 Annex III contains the estimated administrative and programme budget of Commission resolutions and decisions.

In favour: China, Cuba, Guatemala, Malaysia, Mexico, South Africa, Sudan,
Zimbabwe.
Against: Armenia, Australia, Costa Rica, Dominican Republic, Eritrea, Finland,
France, Germany, Honduras, Hungary, India, Ireland, Italy, Japan,
Kenya, Mauritania, Netherlands, Peru, Republic of Korea, Romania,
United Kingdom of Great Britain and Northern Ireland, United States
of America.
Abstaining: Argentina, Bhutan, Brazil, Burkina Faso, Canada, Congo, Ecuador, Egypt,
Ethiopia, Gabon, Guinea, Indonesia, Nepal, Nigeria, Pakistan, Paraguay,
Qatar, Russian Federation, Saudi Arabia, Sri Lanka, Swaziland, Togo,
Ukraine.
34. At the 62nd meeting, on 22 April 2005, the representatives of Argentina, Egypt and the
Russian Federation made statements in explanation of vote after the vote.
Proposed reform of the Secretary-General in the area of human rights
35. Also at the 62nd meeting, the representative of Ethiopia introduced draft decision
E/CN.4/2005/L.101, sponsored by Ethiopia (on behalf of the Group of African States). Cuba
subsequently joined the sponsors.
36. Statements in connection with the draft decision were made by Canada, China,
Cuba, Ethiopia, Ireland, Mexico, the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland), Nigeria,
South Africa, the United States of America and Zimbabwe.
37. The representative of the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland) proposed to modify
the draft decision to read as follows:
The Commission on Human Rights, taking into account the report of the Secretary-General entitled
In larger freedom: towards development, security and human rights for all (A/59/2005) on, inter alia, the reform
of the Commission, and bearing in mind the recommendations contained in the reports of the panels commissioned
by the Secretary-General, that is, the report of the High-level Panel on Threats, Challenges and Change entitled
A more secure world: Our shared responsibility (see A/59/565 and Corr.1) and the Millennium Project report
entitled Investing in Development: A Practical Plan to Achieve the Millennium Development Goals, decides to hold
informal consultations for two days in June 2005 under its current Chairperson to reflect on the recommendations on
human rights contained in the report of the Secretary-General and to invite the relevant facilitator of the President of
the General Assembly and invites the Secretariat to produce a summary report of the consultation.
38. At the same meeting, the Chairperson moved, under rule 48 of the rules of procedure of
the functional commissions of the Economic and Social Council, that the meeting be adjourned
for 30 minutes.
39. Also at the same meeting, the Chairperson moved, under rule 63 of the rules of
procedure, to determine whether the text proposed by the representative of the Netherlands
constituted an amendment in the sense of that rule.

40. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications3 of the draft resolution.
41. By a recorded vote, the Commission decided by 28 votes to 19, with 6 abstentions, that
the text as proposed by the representative of the Netherlands was not an amendment. The voting
was as follows:
In favour: Australia, Canada, Finland, France, Germany, Guatemala,
Honduras, Hungary, Ireland, Italy, Japan, Mexico, Netherlands,
Peru, Republic of Korea, Romania, Ukraine, United Kingdom
of Great Britain and Northern Ireland, United States of America.
Against: Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Egypt, Eritrea,
Ethiopia, Gabon, Guinea, India, Indonesia, Kenya, Malaysia, Mauritania,
Nepal, Nigeria, Pakistan, Qatar, Russian Federation, Saudi Arabia,
South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Abstaining: Argentina, Armenia, Costa Rica, Dominican Republic, Ecuador, Paraguay.
42. Statements in explanation of vote before the vote were made by Argentina, Armenia,
Costa Rica, the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member
of the Commission - Romania - aligned itself with the statement), Peru and the
United States of America.
43. At the request of the representative of the United States of America, a recorded vote was
taken on the draft decision, which was adopted by 34 votes to 15, with 4 abstentions. The vote
was as follows:
In favour: Argentina, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica,
Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia,
Guinea, Honduras, India, Indonesia, Kenya, Malaysia, Mauritania,
Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo,
Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary,
Ireland, Italy, Japan, Netherlands, Republic of Korea, Romania,
Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Armenia, Gabon, Guatemala, Mexico.
44. For the text of the decision as adopted, see chapter II, section B, decision 2005/116.
3 See footnote 2 above (para. 31.).

Situation of human rights in Liberia
45. At the 62nd meeting, the observer for Luxembourg introduced draft decision
E/CN.4/2005/L.102, sponsored by the Congo and Luxembourg (on behalf of the
European Union). The Czech Republic and Switzerland subsequently joined the sponsors.
46. The draft decision was adopted without a vote. For the text, see chapter II, section B,
decision 2005/117.
Technical cooperation and advisory services in the field of human rights in Chad
47. At the same meeting, the observer for Luxembourg introduced draft decision
E/CN.4/2005/L.103, sponsored by Luxembourg (on behalf of the European Union). The
Czech Republic and Switzerland subsequently joined the sponsors.
48. The draft decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/118.
F. Meetings, resolutions and documentation
49. As indicated in paragraph 1 above, the Commission held 63 fully serviced meetings.
50. The resolutions and decisions adopted by the Commission at its sixty-first session, as
well as the Chairpersons statements agreed on by the Commission by consensus at that session,
are contained in chapter II of the present report. Draft resolutions and draft decisions for action
by the Economic and Social Council are set out in chapter I. For a list of resolutions and
decisions adopted by the Commission and Chairpersons statements, by agenda item, see the
beginning of the present report.
51. Annex II contains a list of speakers in the general debate on agenda items 3 to 20.
52. Annex III contains a statement regarding the administrative and programme
budget implications (PBIs) of resolutions and decisions adopted by the Commission at its
sixty-first session.
53. Annex IV contains a list of documents issued for the sixty-first session of the
Commission.
G. Visits
54. During its sixty-first session, the Commission heard statements by the following guest
speakers, addressing the Commission during the high-level segment:
(a) At the 3rd meeting, on 14 March 2005: Mr. Jean Asselborn, Minister for
Foreign Affairs of Luxembourg (also on behalf of the European Union; the acceding countries -
Bulgaria and Romania, the candidate countries - Turkey and Croatia, as well as countries of
the stabilization and association process and potential candidates - Albania, Bosnia and
Herzegovina, Serbia and Montenegro and The former Yugoslav Republic of Macedonia - aligned
themselves with the statement); Mr. Ali Mohamed Osman Yassin, Minister of Justice and
chairman of the Advisory Council for Human Rights of Sudan; Ms. Micheline Calmy-Rey,

Minister for Foreign Affairs of Switzerland; Mr. Dato Seri Syed Hamid Albar, Minister for
Foreign Affairs of Malaysia; Mr. Karel De Gucht, Minister for Foreign Affairs of Belgium;
Mr. Marco Vinicio Vargas, Vice-Minister for Foreign Affairs and Religion of Costa Rica;
Mr. José Manuel Rodríguez-Cuadros, Minister for Foreign Affairs of Peru; followed by a
statement in exercise of the right of reply by the representative of Japan; Mr. Askar Aitmatov,
Minister for Foreign Affairs of the Kyrgyz Republic; Mr. Pierre Pettigrew, Minister for Foreign
Affairs of Canada; Ms. María Teresa Fernández de la Vega Sanz, Deputy Prime Minister of
Spain; Mr. Renaud Muselier, Secretary of State for Foreign Affairs of France.
(b) At the 4th meeting, on 15 March 2005: Mr. Erkki Tuomioja, Minister for
Foreign Affairs of Finland; Mr. Vartan Oskanian, Minister for Foreign Affairs of Armenia,
followed by a statement in exercise of the equivalent to the right of reply by the observer for
Azerbaijan in connection with which, at the 6th meeting, on the same day, a statement in
exercise of the same right was made by the observer for Turkey; Mr. Ekmeleddin Ihsanoglu,
Secretary-General of the Organization of the Islamic Conference, at the 6th meeting, on the same
day, a statement in exercise of the right to reply or the equivalent of the right of reply was made
by the representative of the United Kingdom of Great Britain and Northern Ireland, as well as at
the 7th meeting, on 16 March 2005, by the representative of India and by the observer for
Thailand as well as at the 11th meeting on 17 March 2005, by the observers for Greece and
Philippines; Mr. Hamadi Ould Meimou, Commissioner for Human Rights, the Fight against
Poverty and Integration of Mauritania; Ms. Amat Al-Aleem Ali Alsoswa, Minister of
Human Rights of Yemen; Mr. Kastriot Islami, Minister for Foreign Affairs of Albania;
Mr. Dimitrij Rupel, Minister for Foreign Affairs of Slovenia, Chairman in Office of the
Organization for Security and Cooperation in Europe; Ms. Patricia Olamendi, Deputy Foreign
Minister for Multilateral Affairs and Human Rights of Mexico; Mr. N. Hassan Wirajuda,
Minister for Foreign Affairs Republic of Indonesia; Mr. Bernard Bot, Minister for Foreign
Affairs of the Netherlands; Mr. George Iacovou, Minister of Foreign Affairs of Cyprus, at the
11th meeting, a statement in exercise of the equivalent of the right of reply was made by the
observer for Turkey in connection with which a statement in exercise of the same right was made
by the observer for Cyprus, followed by a second statement in exercise of the same right by the
observer for Turkey, followed by a second statement in exercise of the right of reply by the
observer for Cyprus;
(c) The 5th meeting, on 15 March 2005: Ms. Alcinda António de Abreu,
Minister for Foreign Affairs and Cooperation of Mozambique; Ms. Belela Herrera,
Vice-Minister for Foreign Affairs of Uruguay; Mr. Borys Tarasyuk, Minister for
Foreign Affairs of Ukraine; Mr. Lakshman Kadirgamar, Minister for Foreign Affairs of
Sri Lanka; Mr. Kassymzhomart Tokaev, Minister for Foreign Affairs of Kazakhstan;
Mr. Mohamed Bouzoubaa, Minister of Justice of Morocco; at the 6th meeting, on the same
day, a statement in exercise of the equivalent of the right of reply was made by the observer
for Algeria, in connection with which a statement in exercise of the same right was made by
the observer for Morocco; after his statement, a second statement in exercise of the equivalent
of the right of reply was made by the observer for Algeria, followed by a second statement in
exercise of the same right by the observer for Morocco; Mr. D. Horacio Daniel Rosatti,
Minister of Justice and Human Rights of Argentina;
(d) At the 6th meeting, on 15 March 2005: Mr. Nilmário Miranda, Secretary of
State for Human Rights of Brazil; Mr. Ramesh Nath Pandey, Minister for Foreign Affairs of
Nepal; Mr. Nizar Obaid Madani, Assistant Minister for Foreign Affairs of Saudi Arabia;
Ms. Laila Freivalds, Minister for Foreign Affairs of Sweden; Mr. Artis Pabriks, Minister for
Foreign Affairs of Latvia; Ms. Brigitte Mabandla, Minister of Justice and Constitutional
Development of South Africa; Ms. Jadranka Kosor, Deputy Prime Minister of Croatia;
Ms. Margherita Boniver, State Minister for Foreign Affairs of Italy; Ms. Monique Ilboudo,
Minister for Promotion of Human Rights of Burkina Faso;
(e) At the 7th meeting, on 16 March 2005: Ms. Mary Pili Hernández, Vice-Minister
for Foreign Affairs of Venezuela; Mr. Phandu T.C. Skelemani, Minister for Presidential Affairs
and Public Administration of Botswana; Ms. Marta Altolaguirre, Vice-Minister for Foreign
Affairs of Guatemala; Mr. Jorge Hernandez Alcerro, Minister of the Interior and Justice of
Honduras; Mr. Jacob Kellenberger, President of the International Committee of the Red Cross;
Mr. Dao Viet Trung, Assistant Minister for Foreign Affairs of Viet Nam; Mr. Felipe
Pérez Roque, Minister for Foreign Affairs of Cuba; Mr. Itsunori Onodera, Parliamentary
Secretary for Foreign Affairs of Japan, followed by statements in exercise of the right of reply
or the equivalent of the right of reply by the representative of China as well as the observer for
the Democratic Peoples Republic of Korea, in connection with which a statement in exercise
of the right of reply was made by the representative of Japan, followed by a second statement
in exercise of the right of reply by the observer for the Democratic Peoples Republic
of Korea, followed by a second statement in exercise of the equivalent of the right of reply of
the representative of Japan; Mr. Hans Winkler, Deputy Vice-Minister for Foreign Affairs
of Austria; Mr. Alhaji Abubakar Tanko, Minister of State for Foreign Affairs of Nigeria;
Mr. Bill Rammell, Member of Parliament, Minister for International Human Rights, Foreign and
Commonwealth Office of the United Kingdom of Great Britain and Northern Ireland, followed
by a statement in exercise of the right of reply or the equivalent of the right of reply by the
representative of Zimbabwe as well as by the observer for the Democratic Peoples Republic
of Korea; Mr. Francisco Santos Calderón, Vice-President of the Republic of Colombia;
(f) At the 8th meeting, on 16 March 2005: Ms. Marie-Madeleine Kalala, Minister
for Human Rights of the Democratic Republic of the Congo; Mr. arunas Adomavicius,
Under-Secretary of the Ministry of Foreign Affairs of the Republic of Lithuania;
Mr. Pavel Svoboda, Deputy Minister for Foreign Affairs of the Czech Republic;
Mr. Kiraitu Murungi, Minister for Justice and Constitutional Affairs of the Republic of Kenya;
Mr. Mahmud Mammad-Quliyev, Deputy Minister for Foreign Affairs of Azerbaijan, at
the 11th meeting, on 17 March 2005, a statement in exercise of the right of reply was made by
the representative of Armenia in connection with which a statement in exercise of the equivalent
of the right of reply was made by the observer for Azerbaijan; Ms. Carmen Liliana Burlacu,
Director-General for the Organization for Security and Cooperation in Europe, the Council of
Europe and Human Rights, Ministry of Foreign Affairs of Romania; Mr. Reaz Rahman, Advisor
(State Minister) for Foreign Affairs of Bangladesh; Mr. Omar Ahmed Al-Berzenji, Head of the
Human Rights Department of the Ministry of Foreign Affairs of Iraq; Mr. Vuk Drakovic,
Minister for Foreign Affairs of Serbia and Montenegro; Mr. Mladen Ivanic, Minister for Foreign
Affairs of Bosnia and Herzegovina; Mr. Petko Draganov, Deputy Minister for Foreign Affairs of
Bulgaria; Mr. Muhammad Wasi Zafar, Minister of Law, Justice and Human Rights of Pakistan;
at the 9th meeting, on 17 March 2005, a statement in exercise of the right of reply was made by
the representative of India in connection with which a statement in exercise of the same right
was made by the representative of Pakistan; at the 11th meeting, by a second statement in
exercise of the right of reply was made by the representative of India, followed by a second
statement in exercise of the same right by the representative of Pakistan;
(g) At the 9th meeting, on 17 March 2005: Ms. Eugenia Kistruga, First Deputy
Minister for Foreign Affairs of the Republic of Moldova; Mr. José Martínez Lezcano,
Vice-Minister for Foreign Affairs of Paraguay; Mr. Aaron Leshno Yaar, Deputy
Director-General for United Nations and International Organizations, Ministry of Foreign
Affairs of Israel; Mr. Paul Mba Abessole, Vice-Prime Minister, Minister of Transport, Aviation,
and Human Rights in Gabon; Mr. Markku Niskala, Secretary-General of the International
Federation of Red Cross and Red Crescent Societies; Mr. Yuri V. Fedotov, Deputy Minister for
Foreign Affairs of the Russian Federation; at the 11th meeting, on 17 March 2005, a statement in
exercise of the equivalent of the right of reply was made by the observer for Latvia in connection
with which a statement in exercise of the right of reply was made by the representative of the
Russian Federation; Ms. Victorine Wodie, Minister for Human Rights of Côte dIvoire;
Mr. Patrick Anthony Chinamasa, Minister of Justice, Legal and Parliamentary Affairs of
Zimbabwe; Mr. Déogratias Rusengwamihigo, Minister for Institutional Reform, Human Rights
and Relations with the Parliament of Burundi; Mr. Akmal Saidov, Minister, Chairman of the
National Committee for Human Rights in Uzbekistan; Ms. Paula Dobriansky, Under-Secretary
of State for Global Affairs of the United States of America;
(h) At the 10th meeting, on 17 March 2005: Mr. Carsten Staur, State Secretary,
Ministry of Foreign Affairs of Denmark; Ms. Mame Bassine Niang, Minister and
High Commissioner for Human Rights and the Promotion of Peace of Senegal;
Mr. J. Ayikoi Otoo, Attorney-General and Minister of Justice of Ghana; Mr. Mauricio
Díaz Dávila, Deputy Minister for Foreign Affairs of Nicaragua; Mr. Laurent Esso, Minister
for Foreign Affairs of Cameroon; Mr. George Chicoty, Deputy Minister for Foreign Affairs
of Angola;
(i) At the 11th meeting, on 17 March 2005: Ms. Edda Mukabagwiza,
Minister of Justice of Rwanda; Mr. José Ramos-Horta, Minister for Foreign Affairs and
Cooperation of Timor-Leste; Mr. Adam Daniel Rotfeld, Minister for Foreign Affairs of Poland;
Mr. Eduard Kukan, Minister for Foreign Affairs of Slovakia; Mr. Vidar Helgesen, State
Secretary, Ministry of Foreign Affairs of Norway; Mr. Ricardo Mangue Obama Nfubea,
Vice-Prime Minister in charge of Public Administration, Social Affairs and Human Rights of
Equatorial Guinea; Mr. Conor Lenihan, Member of Parliament and Minister of State at the
Department of Foreign Affairs of Ireland with Special Responsibility for Overseas Development
and Human Rights; Mr. G. Ali Khoshroo, Deputy Foreign Minister for International and Legal
Affairs of the Islamic Republic of Iran; Ms. Wendy Chamberlin, Acting United Nations
High Commissioner for Refugees.
55. The following guest speakers also addressed the Commission during its
sixty-first session:
(a) At the 16th meeting, on 22 March 2005: Mr. Joschka Fischer, Minister for
Foreign Affairs of Germany, followed by a statement in exercise of the right of reply by the
representative of China; Mr. Gabriel Entcha-Ebia, Minister of Justice and Human Rights of the
Republic of Congo;
(b) At the 31st meeting, on 4 April 2005, Ms. Matilde Ribeiro, Secretary of the
Presidency of Brazil on Policies for Racial Equity; Mr. Rainer Funke, Member of the Bundestag
and Chairperson of the Committee on Human Rights and Humanitarian Aid of Germany;

(c) At the 37th meeting, on 7 April 2005, Mr. Kofi Annan, Secretary-General of the
United Nations;
(d) At the 52nd meeting, on 15 April 2005, Mr. Bernard Gousse, Minister of Justice
of Haiti.
H. Organization of the work of the sixty-second session of the Commission
56. At the 61st meeting, on 21 April 2005, the Chairperson orally introduced a draft decision
concerning the dates of the sixty-second session of the Commission.
57. The draft decision was adopted without a vote. For the text, see chapter II, section B,
decision 2005/114.
58. At the same meeting, the Chairperson orally introduced a draft decision concerning the
organization of work of the sixty-second session of the Commission.
59. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications4 of the draft resolution.
60. The draft decision was adopted without a vote. For the text, see chapter II, section B,
decision 2005/115.
I. Concluding remarks
61. At the 63rd meeting, on 22 April 2005, the United Nations High Commissioner for
Human Rights, Ms. Louise Arbour, made concluding remarks.
62. At the same meeting, concluding remarks were also made by the following speakers:
(a) Mr. Makarim Wibisono, Chairperson of the sixty-first session of the Commission;
(b) The representative of Ethiopia (on behalf of the Group of African States);
(c) The representative of the Republic of Korea (on behalf of the Group of Asian
States);
(d) The representative of Armenia (on behalf of the Group of Eastern European
States);
(e) The representative of Mexico (on behalf of the Group of Latin American and
Caribbean States);
(f) The representative of Ireland (on behalf of the Group of Western European and
Other States);
4 See footnote 2 above (para. 31.).
373
(g) The observer for Chile (on behalf of a cross-regional group of countries);
(h) The representative of Pakistan (on behalf of the Organization of the Islamic
Conference);
(i) The representative of China;
(j) Friends World Committee for Consultation (Quakers) (on behalf of the
Conference of Non-Governmental Organizations in consultative relationship with the
United Nations, and nine human rights non-governmental organizations working in Geneva).

IV. Report of the United Nations High Commissioner
for Human Rights and follow-up to the
World Conference on Human Rights
63. The Commission considered agenda item 4 at its 12th meeting on 18 March 2005.5
64. For the documents issued under agenda item 4, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
65. At the 12th meeting, on 18 March 2005, the United Nations High Commissioner for
Human Rights, Ms. Louise Arbour, introduced her report (E/CN.4/2005/12).
66. In the general debate on agenda item 4, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
5 See footnote 1 above (chap. III, para. 1).

V. The right of peoples to self-determination and its
application to peoples under colonial or alien
domination or foreign occupation
67. The Commission considered agenda item 5 at its 12th and 13th meetings,
on 18 March 2005, and at its 38th meeting on 7 April.6
68. For the documents issued under agenda item 5, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
69. At the 12th meeting, on 18 March 2005, Ms. Shaista Shameem, Special Rapporteur on
the use of mercenaries as a means of impeding the exercise of the right of peoples to
self-determination, introduced her report (E/CN.4/2005/14). During the ensuing interactive
dialogue, the representative of Cuba addressed questions to the Special Rapporteur, to which she
responded.
70. In the general debate on agenda item 5, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a
detailed list of speakers, see annex II to the present report.
Question of Western Sahara
71. At the 38th meeting, on 7 April 2005, the Chairperson made a statement on the question
of Western Sahara, which the Commission agreed on by consensus.
72. The text of the statement appears in chapter II, section C.
Situation in occupied Palestine
73. Also at the 38th meeting, the observer for the Libyan Arab Jamahiriya introduced draft
resolution E/CN.4/2005/L.5, sponsored by Indonesia, the Libyan Arab Jamahiriya (on behalf of
the Group of Arab States) and Turkey. Andorra, Austria, Belgium, China, Cuba, Cyprus,
Estonia, Finland, France, Greece, Guinea, Ireland, Lithuania, Luxembourg, Malaysia, Malta,
Oman, Pakistan, Portugal, San Marino, Slovenia, South Africa, Spain, Sweden, Switzerland and
Zimbabwe subsequently joined the sponsors.
74. The observer for the Libyan Arab Jamahiriya (on behalf of the Group of Arab States)
orally revised the draft resolution by deleting the last two preambular paragraphs as well as
paragraphs 4 to 7 and by modifying paragraph 3 and renumbering the final paragraph
accordingly.
75. Statements in connection with the draft resolution were made by the observers for Israel
and Palestine.
6 See footnote 1 above (chap. III, para. 1).

76. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution, as orally revised. The draft resolution was adopted by 49 votes
to 1 with 2 abstentions (see chap. II, sect. A).
77. Statements in explanation of vote after the vote were made by the representatives of
Costa Rica, Guatemala and the United States of America.
78. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/1.
Use of mercenaries as a means of violating human rights and impeding the exercise of the
right of peoples to self-determination
79. At the same meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.6, sponsored by Bangladesh, Burundi, Cameroon, Congo, Côte dIvoire, Cuba,
Democratic Peoples Republic of Korea, Democratic Republic of the Congo, Ecuador, Eritrea,
Ethiopia, Guinea, Libyan Arab Jamahiriya, Madagascar, Mauritania, Sudan, Swaziland, Togo,
Tunisia, Uganda, United Republic of Tanzania, Vietnam, Zambia and Zimbabwe. Algeria,
El Salvador, Qatar, the Syrian Arab Republic, the Russian Federation, Uruguay subsequently
joined the sponsors.
80. A statement in explanation of vote before the vote was made by the representative of the
Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary Ireland, Italy, the United Kingdom of Great
Britain and Northern Ireland; Bulgaria, Croatia, Romania and Turkey aligned themselves with
the statement).
81. At the request of the representative of the Netherlands, a recorded vote was taken on the
draft resolution, which was adopted by 35 votes to 15, with 2 abstentions (see chap. II, sect. A).
82. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications7 of the draft resolution.
83. A statement in explanation of vote after the vote was made by the representative of
Armenia.
84. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/2.
7 See footnote 2 above (chap. III, para. 31).

VI. Racism, racial discrimination, xenophobia and
all forms of discrimination:
(a) Comprehensive implementation of and
follow-up to the Durban Declaration
and Programme of Action
85. The Commission considered agenda item 6 at its 14th and 15th meetings,
on 21 March 2005, at its 44th meeting, on 12 April, at its 49th meeting, on 14 April, and at
its 59th meeting on 20 April.8
86. For the documents issued under agenda item 6, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
87. At the 14th meeting, on 21 March 2005, Mr. Doudou Diène, Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance,
presented his report (E/CN.4/2005/18 and Add.1 and Add.1/Corr.1 and Add.2-6). During the
ensuing interactive dialogue, the representatives of Guatemala and Honduras and the observers
for Côte dIvoire and Nicaragua made statements, as concerned countries, on the report. The
representatives of Argentina, Canada, China, Cuba, Nepal and the Russian Federation, as well as
the observers for the Libyan Arab Jamahiriya, Luxembourg (on behalf of the European Union),
Norway and Switzerland also addressed questions to the Special Rapporteur, to which he
responded.
88. Also at the 14th meeting:
(a) Mr. Peter Lesa Kasanda, Chairperson-Rapporteur of the Working Group of
Experts on People of African Descent, presented the report of the Working Group
(E/CN.4/2005/21). During the ensuing interactive dialogue, the representatives of Argentina,
China and Cuba addressed questions to the Chairperson-Rapporteur of the Working Group, to
which he responded;
(b) Mr. Juan Martabit, Chairperson-Rapporteur of the Intergovernmental working
group established to make recommendations with a view to the effective implementation of the
Durban Declaration and Programme of Action presented the report of the Working Group
(E/CN.4/2005/20).
89. In the general debate on agenda item 6, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
8 See footnote 1 above (chap. III, para. 1).

Combating defamation of religions
90. At the 44th meeting, on 12 April 2005, the representative of Pakistan introduced draft
resolution E/CN.4/2005/L.12, sponsored by Pakistan (on behalf of the Organization of the
Islamic Conference).
91. Statements in explanation of vote before the vote were made by the representatives
of Canada, China, Costa Rica, Cuba, Dominican Republic, Guatemala, Honduras, India,
the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member
of the Commission - Romania - aligned itself with the statement) Sri Lanka and the United States
of America.
92. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland; the
acceding country that is a member of the Commission - Romania - aligned itself with the
statement), a recorded vote was taken on the draft resolution, which was adopted by 31 votes
to 16, with 5 abstentions (see chap. II, sect. A).
93. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/3.
Inadmissibility of certain practices that contribute to fuelling contemporary forms of
racism, racial discrimination, xenophobia and related intolerance
94. At the 49th meeting, on 14 April 2005, the representative of the Russian Federation
introduced draft resolution E/CN.4/2005/L.14, sponsored by Belarus, Cuba and the
Russian Federation. Kazakhstan and Nicaragua subsequently joined the sponsors.
95. The representative of the Russian Federation orally revised the draft resolution by
modifying the third preambular paragraph, and paragraphs 2 and 3.
96. Statements in explanation of vote before the vote were made by the representatives
of the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary Ireland, Italy,
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member
of the Commission - Romania - aligned itself with the statement) and the United States of
America.
97. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, as orally revised, which was adopted by 46 votes to none,
with 4 abstentions (see chap. II, sect. A).
98. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/5.

World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance and the comprehensive implementation of and follow-up to the Durban
Declaration and Programme of Action
99. At the 59th meeting, on 20 April 2005, the representative of Ethiopia introduced draft
resolution E/CN.4/2005/L.13/Rev.1, sponsored by Ethiopia (on behalf of the Group of African
States). Cuba, the Islamic Republic of Iran and Uruguay subsequently joined the sponsors.
100. Statements in connection with the draft resolution were made by the representatives of
Cuba and the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member
of the Commission - Romania - aligned itself with the statement).
101. The representative of the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland; the acceding
country that is a member of the Commission - Romania - aligned itself with the statement)
amended the draft resolution as follows:
(a) He replaced subparagraph (b) in paragraph 16 by the following text:
(b) The last three days of the seminar focusing on the Intergovernmental Working Groups efforts at
strengthening the implementation of existing instruments by identifying gaps in international human rights law, with
a view to preparing complementary standards to address them, recognizing that any complementary standards
should strengthen the existing norms and bring added value;
(b) He replaced paragraph 28 by the following text:
28. Welcomes the second meeting of the group of independent eminent experts, held at Geneva
on 21 to 23 February 2005, in particular its work programme as requested in General Assembly resolution 59/177;
(c) He replaced paragraph 29 by the following text:
29. Takes note of the report of the High Commissioner on the possibility of the development of a
racial equality index (E/CN.4/2005/17) as proposed by the Group of Independent Eminent Expert in its first meeting
and requested by the Commission in its resolution 2004/88 of 22 April 2004.
102. The representative of Ethiopia (on behalf of the Group of African States) made a
statement in connection with the proposed amendments.
103. Under rule 65, paragraph 2, of the rules of procedure of the functional Commissions of
the Economic and Social Council, the representative of Ethiopia (on behalf of the Group of
African States) moved that the Commission take no decision on proposed amendments to the
draft resolution.
104. Statements in explanation of vote before the vote on the proposed motion were made by
the representatives of Cuba, Japan, Mexico, the Netherlands (on behalf of the States members of
the European Union that are members of the Commission - Finland, France, Germany, Hungary,

Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland; the acceding
country that is a member of the Commission - Romania - aligned itself with the statement) and
Zimbabwe.
105. At the request of the representative of Ethiopia (on behalf of the Group of African
States), a recorded vote was taken on the motion, which was adopted by 27 votes to 23,
with 3 abstentions. The voting was as follows:
In favour: Bhutan, Burkina Faso, China, Congo, Cuba, Egypt, Eritrea, Ethiopia,
Gabon, Guinea, India, Indonesia, Kenya, Malaysia, Mauritania, Nepal,
Nigeria, Pakistan, Qatar, Russian Federation, Saudi Arabia, South Africa,
Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Argentina, Armenia, Australia, Canada, Costa Rica, Dominican Republic,
Finland, France, Germany, Guatemala, Honduras, Hungary, Ireland, Italy,
Japan, Netherlands, Paraguay, Peru, Republic of Korea, Romania,
Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Brazil, Ecuador, Mexico.
106. Statements in explanation of vote before the vote on the draft resolution were made by
the representatives of the Netherlands (on behalf of the States members of the European Union
that are members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member of
the Commission - Romania - aligned itself with the statement) and the United States of America.
107. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications9 of the draft resolution.
108. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution, which was adopted by 38 votes to 1, with 14 abstentions
(see chap. II, sect. A).
109. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/64.
9 See footnote 2 above (chap. III, para. 31).

VII. The right to development
110. The Commission considered agenda item 7 at its 16th and 17th meetings,
on 22 March 2005, and at its 44th meeting, on 12 April.10
111. For the documents issued under agenda item 7, see annex IV to the present report. For
a list of all resolutions and decisions adopted by the Commission and Chairpersons statements,
by agenda item, see the beginning of the present report.
112. At the 16th meeting, on 22 March 2005, the Chairperson-Rapporteur of the Working
Group on the Right to Development, Mr. Ibrahim Salama, introduced the report of the Working
Group on its sixth session (E/CN.4/2005/25).
113. In the general debate on agenda item 7, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
The right to development
114. At the 44th meeting, on 12 April 2005, the representative of Malaysia introduced draft
resolution E/CN.4/2005/L.9 sponsored by Malaysia (on behalf of the States members of the
United Nations that are members of the Non-Aligned Movement and China) and the Russian
Federation. Armenia, Brazil, Guinea, Haiti, Madagascar, Nicaragua, Paraguay, Peru and
Uruguay subsequently joined the sponsors.
115. A statement in connection with the draft resolution was made by the representative of
the Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy, the Netherlands and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member of
the Commission - Romania - aligned itself with the statement).
116. Statements in explanation of vote before the vote were made by the representatives of
Canada and the United States of America.
117. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution, which was adopted by 48 votes to 2 with 2 abstentions
(see chap. II, sect. A).
10 See footnote 1 (chap. III, para.1).

118. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications11 of the draft resolution.
119. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/4.
120. In view of the adoption of resolution 2005/4, the Commission took no action on draft
decision 11 recommended by the Sub-Commission on the Promotion and Protection of
Human Rights for adoption by the Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48,
chap. I, sect. B).
11 See footnote 2 above (chap. III, para. 31).

VIII. Question of the violation of human rights in the
occupied Arab territories, including Palestine
121. The Commission considered agenda item 8 at its 17th meeting, on 22 March 2005,
at its 18th and 19th meetings, on 23 March, and at its 49th meeting, on 14 April.12
122. For the documents issued under agenda item 8, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements,
by agenda item, see the beginning of the present report.
123. At the 17th meeting, on 22 March 2005, Mr. John Dugard, Special Rapporteur on the
situation of human rights in the Palestinian territories occupied since 1967, introduced his
report (E/CN.4/2005/29 and Add.1). During the ensuing interactive dialogue, the observers for
Israel and Palestine, as concerned parties, made statements on the report. The observer for
Luxembourg addressed questions to the Special Rapporteur, to which he responded.
124. In the general debate on item 8, statements were made by members of the Commission,
observers and representatives of non-governmental organizations. For a detailed list of speakers,
see annex II to the present report.
Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,
and the occupied Syrian Golan
125. At the 49th meeting, on 14 April 2005, the observer for the Libyan Arab Jamahiriya
introduced draft resolution E/CN.4/2005/L.2/Rev.1, sponsored by the Libyan Arab Jamahiriya
(on behalf of the Group of Arab States) and Malaysia. Austria, Belgium, Cuba, Cyprus, Finland,
France, Greece, Indonesia, Ireland, Lithuania, Luxembourg, Malta, New Zealand, Norway,
Pakistan, Portugal, Slovenia, Spain, Sweden, Switzerland and Turkey subsequently joined the
sponsors.
126. Statements in connection with the draft resolution were made by the representative of
Egypt (on behalf of the Group of Arab States) as well as the observers for Israel and the
Syrian Arab Republic, and Palestine .
127. Statements in explanation of vote before the vote were made by the representatives of
Canada, Honduras and the United States of America.
128. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 39 votes to 2, with 12 abstentions
(see chap. II, sect. A).
129. Statements in explanation of vote after the vote were made by the representatives of
Argentina and Italy (also on behalf of Germany, Hungary, Netherlands and the United Kingdom
of Great Britain and Northern Ireland).
130. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/6.
12 See footnote 1 above (chap. III, para. 1).

Israeli practices affecting the human rights of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem
131. At the same meeting, the representative of Pakistan introduced draft resolution
E/CN.4/2005/L.4, sponsored by Indonesia and the Libyan Arab Jamahiriya (on behalf of the
Group of Arab States). China, Cuba, Malaysia, Oman, Pakistan (on behalf of the Organization
of the Islamic Conference), Venezuela and Zimbabwe subsequently joined the sponsors.
132. Statements in connection with the draft resolution were made by the representative of
Egypt (on behalf of the Group of Arab States) as well as the observers for Israel and Palestine.
133. Statements in explanation of vote before the vote were made by the representatives
of Canada, Guatemala, Honduras, Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy, United Kingdom of Great Britain and Northern Ireland; the acceding country that
is a member of the Commission - Romania - aligned itself with the statement) and the
United States of America.
134. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 29 votes to 10, with 14 abstentions
(see chap. II, sect. A).
135. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/7.
Human rights in the occupied Syrian Golan
136. Also at the 49th meeting, the observer for the Syrian Arab Republic introduced draft
resolution E/CN.4/2005/L.15, sponsored by Bangladesh, Cuba, the Democratic Peoples
Republic of Korea, Guinea, Indonesia, the Libyan Arab Jamahiriya (on behalf of the Group of
Arab States), Malaysia, Pakistan, Togo and Zimbabwe. Brunei Darussalam and Cuba
subsequently joined the sponsors.
137. Statements in connection with the draft resolution were made by the representative of
Egypt (on behalf of the Group of Arab States) as well as by the observers for Israel and the
Syrian Arab Republic.
138. Statements in explanation of vote before the vote were made by the representatives
of Canada, the Netherlands (on behalf of the States members of the European Union that
are members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy,
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member of
the Commission - Romania - aligned itself with the statement) and the United States of America.
139. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 32 votes to 2, with 19 abstentions
(see chap. II, sect. A).
140. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/8.

IX. Question of the violation of human rights and fundamental
freedoms in any part of the world, including:
(a) Question of human rights in Cyprus;
(b) Procedure established in accordance
with Economic and Social Council
resolutions 1503 (XLVIII) and 2000/3
141. The Commission considered agenda item 9 and sub-item (a) at its 19th and 20th
meetings, on 23 March 2005, at its 21st meeting, on 24 March, at its 23rd meeting, on 29 March,
at its 50th meeting, on 14 April, and at its 60th meeting, on 21 April.13 Sub-item (b) was
considered by the Commission in closed session (see paras. 185-188 below).
142. For the documents issued under agenda item 9, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
143. At the 20th meeting, on 23 March 2005, the Personal Representative of the
United Nations High Commissioner for Human Rights on the human rights situation in Cuba,
Ms. Christine Chanet, introduced her report (E/CN.4/2005/33 and Corr.1). During the ensuing
interactive dialogue, the representative of Cuba made a statement. The representative of Canada
addressed questions to the Personal Representative, to which she responded.
144. At the 23rd meeting, on 29 March 2005, the Special Rapporteur on the situation of
human rights in the Democratic Peoples Republic of Korea, Mr. Vitit Muntarbhorn, introduced
his report (E/CN.4/2005/34). During the ensuing interactive dialogue, the observer for the
Democratic Peoples Republic of Korea made a statement, as a concerned country, on the report.
The representatives of Canada and Japan as well as the observer for Luxembourg (on behalf of
the European Union) addressed questions to the Special Rapporteur, to which he responded.
145. Also at the 23rd meeting, the Special Rapporteur to establish direct contacts with the
Government and with the people of Belarus, Mr. Adrian Severin, introduced his report
(E/CN.4/2005/35). During the ensuing interactive dialogue, the observer for Belarus made a
statement, as a concerned country, on the report. The representatives of Canada, China, Cuba,
Kenya, the Russian Federation and the United States of America as well as the observer for
Luxembourg (on behalf of the European Union) addressed questions to the Special Rapporteur,
to which he responded.
146. At the same meeting, the High Commissioner made a statement.
147. Also at the same meeting, the Special Rapporteur on the situation of human rights in
Myanmar, Mr. Paulo Sérgio Pinheiro, introduced his report (E/CN.4/2005/36). During the
ensuing interactive dialogue, the observer for Myanmar made a statement, as a concerned
country, on the report. The observer for Luxembourg (on behalf of the European Union)
addressed questions to the Special Rapporteur, to which he responded.
13 See footnote 1 above (chap. III, para. 1).

148. In the general debate on agenda item 9, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Human rights situation of the Lebanese detainees in Israel
149. At the 50th meeting, on 14 April 2005, the Commission decided, without a vote, to defer
to the sixty-second session consideration of draft resolution E/CN.4/2005/L.3.
150. For the text of the decision as adopted, see chapter II, section B, decision 2005/102.
Cooperation with representatives of United Nations human rights bodies
151. At the same meeting, the representative of Hungary introduced draft resolution
E/CN.4/2005/L.17, sponsored by Albania, Andorra, Argentina, Armenia, Australia, Austria,
Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Croatia, Cyprus,
Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Honduras, Hungary, Ireland,
Israel, Italy, Japan, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
the Netherlands, Norway, Paraguay, Poland, Portugal, the Republic of Korea, Romania,
San Marino, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland,
The former Yugoslav Republic of Macedonia, Turkey, Ukraine, the United Kingdom of
Great Britain and Northern Ireland and Uruguay. Brazil, Costa Rica, the Czech Republic,
Ecuador, El Salvador, Iceland, Nepal, Nicaragua, Peru and the United States of America
subsequently joined the sponsors.
152. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/9.
Situation of human rights in Myanmar
153. Also at the 50th meeting, the observer for Luxembourg (on behalf of the European
Union) introduced draft resolution E/CN.4/2005/L.29, sponsored by Albania, Andorra, Austria,
Belgium, Bulgaria, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Monaco, Morocco, the Netherlands, New Zealand, Norway, Poland,
Portugal, the Republic of Korea, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland,
Turkey, the United Kingdom of Great Britain and Northern Ireland and the United States of
America. Australia, Iceland, Israel, Nicaragua, Peru and Serbia and Montenegro subsequently
joined the sponsors.
154. Statements in connection with the draft resolution were made by the representative of
Japan and the observer for Myanmar.
155. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications14 of the draft resolution.
14 See footnote 2 above (chap. III, para. 31).

156. Statements in explanation of their delegations respective positions were made by the
representatives of China and India.
157. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/10.
Situation of human rights in the Democratic Peoples Republic of Korea
158. At the same meeting, the observer for Luxembourg (on behalf of the European Union
and Japan) introduced draft resolution E/CN.4/2005/L.30, sponsored by Albania, Australia,
Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Honduras, Hungary, Ireland, Israel, Italy, Japan,
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Morocco, the Netherlands,
New Zealand, Norway, Paraguay, Poland, Portugal, Romania, Serbia and Montenegro, Slovakia,
Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey,
the United Kingdom of Great Britain and Northern Ireland and the United States of America.
Iceland and Nicaragua subsequently joined the sponsors.
159. Statements in connection with the draft resolution were made by the representatives of
Japan and the United States of America and the observer for the Democratic Peoples Republic
of Korea.
160. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications15 of the draft resolution.
161. Statements in explanation of vote before the vote were made by the representatives of
China, Cuba and the Republic of Korea.
162. At the request of the representative of Cuba, a recorded vote was taken on the draft
resolution, which was adopted by 30 votes to 9, with 14 abstentions (see chap. II, sect. A).
163. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/11.
Situation of human rights in Cuba
164. Also at the 50th meeting, the representative of the United States of America introduced
draft resolution E/CN.4/2005/L.31, sponsored by Albania, Australia, Austria, Belgium, Bulgaria,
Canada, Croatia, Cyprus, the Czech Republic, Denmark, El Salvador, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta,
Monaco, the Netherlands, Nicaragua, Poland, Portugal, Romania, Slovakia, Slovenia, Spain,
Sweden, the United Kingdom of Great Britain and Northern Ireland and the United States of
America. Costa Rica, Iceland, the Marshall Islands, Norway, Palau, Switzerland and The former
Yugoslav Republic of Macedonia subsequently joined the sponsors.
15 Ibid.

165. Statements in connection with the draft resolution were made by the representatives of
Cuba and the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member of
the Commission - Romania - aligned itself with the statement).
166. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications16 of the draft resolution.
167. Statements in explanation of vote before the vote were made by the representatives of
China, the Russian Federation, Sudan and Zimbabwe.
168. At the request of the representative of Cuba, a recorded vote was taken on the draft
resolution, which was adopted by 21 votes to 17, with 15 abstentions (see chap. II, sect. A).
169. At the 60th meeting, on 21 April, A statement in explanation of vote after the vote was
made by the representative of Brazil (also on behalf of Argentina, the Dominican Republic and
Paraguay).
170. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/12.
Situation of human rights in Belarus
171. At the 50th meeting, the representative of the United States of America introduced draft
resolution E/CN.4/2005/L.32, sponsored by Albania, Australia, Austria, Belgium, Bulgaria,
Canada, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden,
Switzerland, The former Yugoslav Republic of Macedonia, the United Kingdom of Great Britain
and Northern Ireland and the United States of America. Iceland, Japan and Turkey subsequently
joined the sponsors.
172. Statements in connection with the draft resolution were made by the representatives of
Cuba and the Russian Federation and the observer for Belarus.
173. Under rule 65, paragraph 2, of the rules of procedure of the functional commissions of
the Economic and Social Council, the representative of the Russian Federation moved that the
Commission take no decision on the draft resolution.
174. Statements in connection with the motion were made by the representatives of China and
Cuba.
16 Ibid.

175. A statement in explanation of vote before the vote was made by the representative of
the Netherlands (on behalf of the States members of the European Union that are members of
the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom
of Great Britain and Northern Ireland; the acceding country that is a member of the
Commission - Romania - aligned itself with the statement).
176. At the request of the representative of the Russian Federation, a recorded vote was taken
on the motion, which was rejected by 23 votes to 22, with 7 abstentions. The voting was as
follows:
In favour: Armenia, Bhutan, China, Congo, Cuba, Egypt, Eritrea, Ethiopia, Guinea,
India, Indonesia, Kenya, Malaysia, Pakistan, Qatar, Russian Federation,
Saudi Arabia, South Africa, Sudan, Swaziland, Togo, Zimbabwe.
Against: Argentina, Australia, Canada, Costa Rica, Dominican Republic, Finland,
France, Germany, Guatemala, Honduras, Hungary, Ireland, Italy, Japan,
Mexico, Netherlands, Paraguay, Peru, Republic of Korea, Romania,
Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Brazil, Burkina Faso, Ecuador, Gabon, Nepal, Nigeria, Sri Lanka.
177. At the request of the representative of the Russian Federation, a recorded vote was taken
on the draft resolution, which was adopted by 23 votes to 16, with 14 abstentions
(see chap. II, sect. A).
178. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications17 of the draft resolution.
179. At the 60th meeting, a statement in explanation of vote after the vote was made by the
representative of Sri Lanka.
180. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/13.
Situation of human rights in the Sudan
181. At the 60th meeting, the observer for Luxembourg introduced draft resolution
E/CN.4/2005/L.33/Rev.1, sponsored by Albania, Andorra, Australia, Austria, Belgium, Bulgaria,
Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg (on
behalf of the European Union), Malta, the Netherlands, New Zealand, Nicaragua, Norway, Peru,
Poland, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden,
Switzerland, The former Yugoslav Republic of Macedonia, the United Kingdom of Great Britain
and Northern Ireland and the United States of America. Israel and Japan subsequently joined the
sponsors.
17 Ibid.

182. The observer for Luxembourg (on behalf of the European Union) subsequently withdrew
the draft resolution, which read as follows:
Situation of human rights in the Sudan
The Commission on Human Rights,
Aware that the Sudan is a party to various international and regional instruments of human rights and
humanitarian law, and reaffirming the Sudans obligations under these instruments,
Welcoming the report of the United Nations High Commissioner for Human Rights on the situation of
human rights in the Darfur region of the Sudan (E/CN.4/2005/3), and the report of the International Commission of
Inquiry on Darfur to the Secretary-General (S/2005/60) pursuant to Security Council resolution 1564 (2004)
of 18 September 2004,
Recalling its decision 2004/128 of 23 April 2004 on the situation of human rights in the Sudan and
welcoming the reports of the independent expert on the situation of human rights in the Sudan (E/CN.4/2005/11),
of the former Special Rapporteur on extrajudicial, summary or arbitrary executions on her mission to the Sudan
(E/CN.4/2005/7/Add.2) and of the Special Rapporteur on violence against women, its causes and consequences,
on her mission to the Darfur region of the Sudan (E/CN.4/2005/72/Add.5),
Bearing in mind Security Council resolutions on the Sudan, the most recent of which are
resolutions 1590 (2005) of 24 March 2005, 1591 (2005) of 29 March 2005, and 1593 (2005) of 31 March 2005, as
well as resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July 2004 and 1564 (2004), the reports of the
Secretary-General to the Security Council on the issue and the recommendations of the Special Representative of the
Secretary-General for the Sudan,
Taking note of the commitments made by the parties to the NDjamena Ceasefire Agreement
of 8 April 2004 and the Abuja Protocols on the Improvement of the Humanitarian Situation and the Enhancement of
the Security Situation of 9 November 2004, and the commitments made in the joint communiqué of 3 July 2004
between the Government of the Sudan and the United Nations on the visit of the Secretary-General to the Sudan,
1. Welcomes:
(a) The signing of the Comprehensive Peace Agreement on 9 January 2005 between the Government
of the Sudan and the Sudan Peoples Liberation Movement/Army;
(b) The process of the Cairo agreement between the Government of the Sudan and the National
Democratic Alliance;
(c) The leadership and the engagement of the African Union in addressing the situation in Darfur and
its continued efforts to reinvigorate the peace talks between the Government of the Sudan and the Sudan Liberation
Army/Movement and the Justice and Equality Movement;
(d) The role of the African Union Mission in the Sudan;
(e) The mission to the Sudan of the International Commission of Inquiry and the conclusions and
recommendations found in its report;
(f) The deployment of human rights monitors of the Office of the High Commissioner for
Human Rights in the Sudan, as requested by the Security Council;
(g) The work of United Nations agencies and other national and international organizations
in the Sudan and Chad and their efforts to meet the protection and assistance needs of the crisis-affected
populations;

2. Condemns:
(a) Indiscriminate attacks against civilians, including killings, torture, enforced disappearances,
destruction of villages, violence including widespread rape and sexual violence against women and children,
pillaging and forced displacement conducted on a widespread and systematic basis, as well as arbitrary detentions
and illegal incommunicado detentions, as documented by the International Commission of Inquiry;
(b) The fact that most attacks have been deliberately and indiscriminately directed against civilians,
many of them under the direct responsibility of, or tolerated by, the Government of the Sudan;
(c) The climate of impunity concerning violations of human rights and breaches of international
humanitarian law committed in Darfur;
(d) The continuing violations of the NDjamena Ceasefire Agreement and the Abuja Protocols by all
parties;
(e) Support to Janjaweed militias by the Government of the Sudan and its failure to disarm them;
3. Expresses grave concerns at:
(a) Continuing, widespread and systematic violations of human rights and breaches of international
humanitarian law in Darfur that may amount to war crimes and crimes against humanity;
(b) The fact that all parties to the conflict have been responsible for acts of violence and atrocities;
(c) The situation of the estimated 1.86 million internally displaced persons who continue to be victims
of grave violations of human rights and breaches of international humanitarian law, and the situation of 230,000
refugees in neighbouring Chad;
(d) Acts of intimidation, harassment and violent attacks targeting humanitarian and relief workers;
(e) The fact that violations of human rights and breaches of international humanitarian law also
continue to be perpetrated throughout the Sudan, in particular summary executions and the use of the death penalty,
contrary to the obligations of the Government of the Sudan under international law, violations of the rights of
women and girls, including through sexual violence; restrictions on freedom of thought, conscience, religion and
belief; restrictions on freedom of association, assembly, opinion and expression and political freedom; occurrences
of arbitrary arrest and detention and the occurrence of torture and abductions, and the recruitment and use of
children and child soldiers in armed conflict, contrary to international law;
4. Calls upon the Government of the Sudan:
(a) To take all necessary measures to ensure that all acts of violence and atrocities, including sexual
violence against women and girls, are stopped with immediate effect;
(b) To comply with all the demands of the Security Council, in particular by disarming the Janjaweed
militia and by cooperating fully in the implementation of Council resolution 1593 (2005);
(c) To end the impunity for all violations of human rights and international humanitarian law, by
identifying and bringing to justice all those responsible;
(d) To guarantee access to the courts for the victims of human rights violations, to ensure the
protection of all the victims and witnesses of such crimes, and to ensure that victims are granted reparations;
(e) To bring Sudanese law into conformity with fundamental principles of human rights, and to
strengthen the independence and the impartiality of the judiciary and to enhance its capacity, in particular by
training judges, prosecutors and lawyers, by proscribing adequately war crimes and crimes against humanity in
Sudanese criminal law;

(f) To ensure the full enjoyment of all human rights and to respect international humanitarian law, in
particular by ensuring the safety, security and freedom of movement of all civilian and especially of human rights
defenders;
(g) To guarantee the full and unimpeded access by the International Committee of the Red Cross and
United Nations human rights monitors to all those detained in relation to the situation in Darfur;
(h) To create a secure environment that would facilitate the voluntary return of displaced persons in
safety and dignity and to respect fully the Guiding Principles on Internal Displacement
(E/CN.4/1998/53/Add.2, annex) in this regard;
(i) To consider creating, through a broad consultative process, a truth and reconciliation commission
once peace is established in Darfur, as a complementary measure to criminal prosecution;
5. Calls upon all parties to the conflict in Darfur:
(a) To cease all acts of violence immediately, and to respect the NDjamena Ceasefire Agreement and
the Abuja Protocols;
(b) To cooperate fully with the African Union Mission in Darfur, the United Nations Mission in the
Sudan, as well as all other relevant bodies and mechanisms of the United Nations and international organizations
that are competent in the field of human rights and humanitarian aid, including the Special Rapporteur;
(c) To cooperate fully in the implementation of Security Council resolution 1593 (2005);
(d) To protect women and girls from sexual and all other forms of violence, and to end the
recruitment and use of children and child soldiers in armed conflict, which is contrary to international law;
(e) To ensure the safe and sustainable voluntary return of internally displaced persons and refugees,
and to ensure full, safe and unhindered access to Darfur by international agencies and humanitarian organizations
aimed at delivering humanitarian assistance to all civilians in need, and to cooperate fully with the Office for the
Coordination of Humanitarian Affairs of the Secretariat in this regard;
6. Calls upon the international community and the United Nations system:
(a) To support the implementation of the Comprehensive Peace Agreement, to support the African
Union Mission in the Sudan and United Nations Mission in the Sudan;
(b) To support and strengthen the work of the Office of the High Commissioner in monitoring the
promotion and protection of human rights in the Sudan, especially the deployment of human rights monitors
in Darfur;
7. Decides:
(a) To appoint a special rapporteur on the situation of human rights in the Sudan, in particular in the
Darfur region, for a period of one year, and requests the Special Rapporteur to submit an interim report to the
General Assembly at its sixtieth session and to report to the Commission at its sixty-second session on the situation
of human rights in the Sudan;
(b) To request the High Commissioner to continue to monitor the human rights situation in Darfur, in
cooperation with the Special Rapporteur, and invites her periodically to bring her findings to the attention of the
international community;
(c) To request the Secretary-General to provide all necessary assistance to the Special Rapporteur to
enable him of her to discharge his/her mandate fully, and to the Office of the High Commissioner for its periodic
reporting;
(d) To consider the question at its sixty-second session;

8. Recommends the following draft decision to the Economic and Social Council for adoption:
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/ of April 2005, approves the decision of the Commission to appoint a special
rapporteur to consider the situation of human rights in the Sudan, in particular in the Darfur region, for a
period of one year, and also approves the Commissions request to the Special Rapporteur to submit an
interim report to the General Assembly at its sixtieth session and to report to the Commission at its
sixty-second session.
(a) Question of human rights in Cyprus
183. At the 50th meeting, on 14 April 2005, the Chairperson introduced a draft decision on the
question of human rights in Cyprus.
184. The draft decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/103.
(b) Procedure established in accordance with Economic and
Social Council resolutions 1503 (XLVIII) and 2000/3
185. The Commission considered agenda item 9 (b) in two closed meetings, pursuant to
paragraph 7 of Economic and Social Council resolution 2000/3 of 16 June 2000, at
its 22nd meeting, on 24 March 2005, and at its 29th meeting, on 1 April. It had before it for
consideration the situation of human rights in Honduras, Kyrgyzstan and Uzbekistan.
186. At the 30th meeting, on 1 April 2005, the Chairperson announced publicly that the
Commission had decided to discontinue consideration of the situation of human rights in
Honduras. The Commission had also decided to keep the situation of human rights in
Kyrgyzstan under review. The Commission had further decided to keep the situation of
human rights in Uzbekistan under review and to appoint an independent expert to report to
it under the confidential procedure established in accordance with Council
resolutions 1503 (XLVIII) and 2000/3.
187. The Chairperson reminded the members of the Commission that, in conformity with
paragraph 9 of Council resolution 2000/3, they should not make any reference in public debate to
the confidential decisions taken under that resolution or to any confidential material relating
thereto.
188. In accordance with rule 21 of the rules of procedure of the functional commissions of the
Economic and Social Council, and after consultations with the regional groups, the Chairperson
would designate five members of the Commission to serve in their personal capacity on the
Working Group on Situations, which would meet prior to the sixty-second session of the
Commission in 2006.

X. Economic, social and cultural rights
189. The Commission considered agenda item 10 at its 23rd and 24th meetings,
on 29 March 2005, at its 25th and 26th meetings, on 30 March, at its 27th meeting on 31 March,
at its 50th meeting, on 14 April, and at its 51st meeting, on 15 April.18
190. For the documents issued under agenda item 10, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
191. At the 23rd meeting, on 29 March 2005, Mr. Okechukwu Ibeanu, Special Rapporteur on
the adverse effects of the illicit movement and dumping of toxic and dangerous products and
wastes on the enjoyment of human rights, introduced his report (E/CN.4/2005/45 and Add.1).
During the ensuing interactive dialogue, the observer for Turkey made a statement, as a
concerned country, on the report. The representative of Cuba addressed questions to the
Special Rapporteur, to which he responded.
192. At the 24th meeting, on the same day, Mr. Miloon Kothari, Special Rapporteur on
adequate housing as a component of the right to an adequate standard of living, introduced his
report (E/CN.4/2005/48, Add.1 and Corr.1 and Add.2 and 3). During the ensuing interactive
dialogue, the representatives of Brazil and Kenya made statements, as concerned countries, on
the report. The representatives of Argentina, Cuba and Mexico as well as the observer for
Luxembourg addressed questions to the Special Rapporteur, to which he responded.
193. At the same meeting, Mr. Vernor Muñoz Villalobos, Special Rapporteur on the right to
education, introduced his report (E/CN.4/2005/50). During the ensuing interactive dialogue, the
representatives of Argentina, Costa Rica, Cuba, India and Pakistan as well as the observer for
Luxembourg (on behalf of the European Union) addressed questions to the Special Rapporteur,
to which he responded.
194. Also at the same meeting, Mr. Paul Hunt, Special Rapporteur on the right of everyone to
the enjoyment of the highest attainable standard of physical and mental health, introduced his
report (E/CN.4/2005/51 and Add.1-4). During the ensuing interactive dialogue, the
representatives of Peru and Romania as well as the observer for Mozambique made statements,
as concerned countries, on the report. The representatives of Argentina, Canada, the Congo,
Cuba and Nepal as well as the observers for Norway and Luxembourg (on behalf of the
European Union) also addressed questions to the Special Rapporteur, to which he responded.
195. At the 25th meeting, on 30 March 2005, Ms. Catarina de Albuquerque,
Chairperson-Rapporteur of the Open-ended working group with a view to considering options
regarding the elaboration of an optional protocol to the International Covenant on Economic,
Social and Cultural Rights, introduced the report of the Working Group (E/CN.4/2005/52).
18 See footnote 1 above (chap. III, para. 1).

196. At the same meeting, Mr. Bernards Andrew Nyamwaya Mudho, independent expert on
the effects of structural adjustment policies and foreign debt on the full enjoyment of all human
rights, particularly economic, social and cultural rights, introduced his analytical report
(E/CN.4/2005/42 and Add.1). During the ensuing interactive dialogue, the representatives of
Argentina, the Congo and Cuba addressed questions to the independent expert, to which he
responded.
197. Also at the same meeting, Mr. Arjun Sengupta, independent expert on the question of
human rights and extreme poverty, introduced his report (E/CN.4/2005/49). During the ensuing
interactive dialogue, the representatives of Argentina and Peru as well as the observer for
Luxembourg (on behalf of the European Union) addressed questions to the independent expert,
to which he responded.
198. At the 25th meeting, Mr. Jean Ziegler, Special Rapporteur on the right to food,
introduced his report (E/CN.4/2005/47 and Add.1 and 2). During the ensuing interactive
dialogue, the representative of Ethiopia as well as the observer for Mongolia made
statements, as concerned countries, on the report. The representatives of Argentina, China,
Cuba, Egypt, Guatemala and Indonesia as well as the observer for Luxembourg (on behalf of
the European Union) addressed questions to the Special Rapporteur, to which he responded.
199. In the general debate on agenda item 10, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Human rights and unilateral coercive measures
200. At the 50th meeting, on 14 April 2005, the representative of Malaysia introduced draft
resolution E/CN.4/2005/L.8, sponsored by Malaysia (on behalf of the States Members of the
United Nations that are also members of the Non-Aligned Movement, and China). Armenia,
Bolivia, Madagascar, Panama, Uruguay and Venezuela subsequently joined the sponsors.
201. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 37 votes to 14, with 2 abstentions
(see chap. II, sect. A).
202. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/14.
Adverse effects of the illicit movement and dumping of toxic and dangerous products and
wastes on the enjoyment of human rights
203. At the same meeting, the representative of Ethiopia introduced draft resolution
E/CN.4/2005/L.16, sponsored by Ethiopia (on behalf of the Group of African States). Cuba,
Ecuador, Guinea, Haiti, Madagascar, Nicaragua, Panama, Peru and Uruguay subsequently joined
the sponsors.
204. The representative of Ethiopia orally revised the draft resolution by inserting after the
fourth preambular paragraph a new paragraph, inserting a new phrase at the end of paragraph 14
and deleting the words at its next session in paragraph 20.

205. Statements in connection with the draft resolution were made by the representatives of
Cuba and Japan.
206. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications19 of the draft resolution.
207. At the request of the representative of Japan, a recorded vote was taken on the draft
resolution, as orally revised, which was adopted by 37 votes to 13, with 2 abstentions
(see chap. II, sect. A).
208. At the 51st meeting, on 15 April 2005, a statement in explanation of vote after the vote
was made by the representative of the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland; the acceding
country that is a member of the Commission - Romania - aligned itself with the statement).
209. At the same meeting the representative of Saudi Arabia stated that his delegation had
intended to vote in favour of the draft resolution.
210. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/15.
Human rights and extreme poverty
211. At the 50th meeting, the representative of France introduced draft resolution
E/CN.4/2005/L.18 sponsored by Andorra, Armenia, Austria, Belgium, Chile, Croatia,
the Czech Republic, Denmark, El Salvador, Estonia, Finland, Germany, Greece, India,
Italy, Luxembourg, Mexico, Monaco, Portugal, Romania, San Marino, Spain, Switzerland
and Thailand. Albania, Algeria, Argentina, Australia, Bhutan, Bolivia, Brazil, Bulgaria,
Burkina Faso, Cameroon, Canada, China, Colombia, the Congo, Costa Rica, Cyprus,
the Dominican Republic, Ecuador, Egypt, Ethiopia, Guatemala, Guinea, Haiti, Honduras,
Iceland, Ireland, Israel, Japan, Kazakhstan, Liechtenstein, Madagascar, Malta, Mauritius,
Morocco, Nicaragua, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Poland, the Republic
of Korea, Senegal, Serbia and Montenegro, Slovakia, Slovenia, South Africa, Sri Lanka,
The former Yugoslav Republic of Macedonia, Togo, Ukraine, Uruguay, Venezuela and Zambia
subsequently joined the sponsors.
212. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/16.
Globalization and its impact on the full enjoyment of human rights
213. At the same meeting, the representative of China (on behalf of the like-minded
group) introduced draft resolution E/CN.4/2005/L.19, sponsored by Nigeria, Pakistan
(on behalf of the like-minded group), South Africa and Thailand. Argentina, Cuba, Ecuador,
Madagascar, Nicaragua, Panama and Swaziland subsequently joined the sponsors.
19 See footnote 2 above (chap. III, para. 31).

214. The representative of China orally revised the draft resolution by modifying the second
preambular paragraph.
215. Statements in explanation of vote before the vote were made by the representatives of
Japan and the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member of
the Commission - Romania - aligned itself with the statement).
216. At the request of the representative of Japan, a recorded vote was taken on the draft
resolution, as orally modified, which was adopted by 38 votes to 15 (see chap. II, sect. A).
217. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/17.
The right to food
218. Also at the 50th meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.20, sponsored by Andorra, Austria, Bangladesh, Belarus, Bhutan, Botswana,
Burkina Faso, Cameroon, China, the Congo, Côte dIvoire, Croatia, Cuba, the Democratic
Republic of the Congo, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland,
Germany, Guatemala, Guinea, Haiti, Honduras, Indonesia, Iran (Islamic Republic of), Kenya,
the Libyan Arab Jamahiriya, Madagascar, Malaysia, Mali, Mexico, Mozambique, Nepal,
Nigeria, Norway, Pakistan, Portugal, Qatar, Romania, Rwanda, Senegal, Slovenia, South Africa,
Spain, Sri Lanka, Sudan, Swaziland, Switzerland, the Syrian Arab Republic, Thailand, Togo,
Tunisia, Turkey, the United Republic of Tanzania, Venezuela, Yemen and Zambia. Azerbaijan,
Belgium, Benin, Bolivia, Brazil, Chile, Colombia, the Dominican Republic, France, Greece,
Italy, Kazakhstan, Lebanon, Liechtenstein, Mauritius, Monaco, Peru, The former Yugoslav
Republic of Macedonia, Uruguay, Viet Nam and Zimbabwe subsequently joined the sponsors.
219. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications20 of the draft resolution.
220. The representative of the United States of America made a statement in explanation of
vote before the vote.
221. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution, which was adopted by 52 votes to 1 (see chap. II, sect. A).
222. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/18.
Effects of economic reform policies and foreign debt on the full enjoyment of all human
rights
223. At the same meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.21, sponsored by Angola, Bangladesh, Bolivia, Botswana, Burkina Faso,
20 Ibid.

Burundi, Cameroon, China, Côte dIvoire, Cuba, the Democratic Peoples Republic of
Korea, the Democratic Republic of the Congo, Ecuador, Eritrea, Ethiopia, Guinea, Indonesia,
Kenya, Malaysia, Mauritania, Myanmar, Nigeria, Pakistan, Rwanda, the Sudan, Swaziland,
the Syrian Arab Republic, Togo, Tunisia, Uganda, the United Republic of Tanzania, Uruguay,
Viet Nam, Zambia and Zimbabwe. Mauritius, Nicaragua and Mozambique subsequently joined
the sponsors.
224. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications21 of the draft resolution.
225. The representative of the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland; the acceding
country that is a member of the Commission - Romania - aligned itself with the statement) made
a statement in explanation of vote before the vote.
226. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland; the
acceding country that is a member of the Commission - Romania - aligned itself with the
statement), a recorded vote was taken on the draft resolution, which was adopted by 33 votes
to 14, with 6 abstentions (see chap. II, sect. A).
227. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/19.
Promotion of the enjoyment of the cultural rights of everyone and respect for different
cultural identities
228. Also at the same meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.22, sponsored by Bangladesh, Burundi, Cameroon, China, Cuba,
the Democratic Peoples Republic of Korea, the Democratic Republic of the Congo, Guinea, the
Islamic Republic of Iran, Kenya, Mozambique, the Sudan, the Syrian Arab Republic, Togo,
Viet Nam and Zimbabwe. Congo, the Dominican Republic, Lebanon, the Libyan Arab
Jamahiriya, Nicaragua, Pakistan, Peru and Thailand subsequently joined the sponsors.
229. The representative of the United States of America orally amended the draft resolution by
deleting paragraphs 18 to 21.
230. At the request of the representative of Cuba, a recorded vote was taken on the
amendment deleting paragraphs 18 to 21, which was rejected by 39 votes to 14. The voting was
as follows:
In favour: Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy,
Japan, Netherlands, Republic of Korea, Romania, United Kingdom of
Great Britain and Northern Ireland, United States of America.
21 Ibid.

Against: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia,
Gabon, Guatemala, Guinea, Honduras, India, Indonesia, Kenya, Malaysia,
Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar,
Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan,
Swaziland, Togo, Ukraine, Zimbabwe.
Abstaining: None.
231. The representatives of Australia, the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland; the acceding
country that is a member of the Commission - Romania - aligned itself with the statement) and
the United States of America made statements in explanation of vote before the vote.
232. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 39 votes to 1, with 13 abstentions
(see chap. II, sect. A).
233. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/20.
The right to education
234. At the 51st meeting, the observer for Portugal introduced draft resolution
E/CN.4/2005/L.23, sponsored by Albania, Algeria, Andorra, Argentina, Armenia, Austria,
Belgium, Bosnia and Herzegovina, Brazil, Burkina Faso, Cameroon, Chile, Costa Rica, Croatia,
Cyprus, the Czech Republic, Denmark, Ecuador, Estonia, Finland, Germany, Greece, Guatemala,
Honduras, Hungary, India, Indonesia, Israel, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Mexico, Monaco, the Netherlands, Nigeria, Norway, Panama, Paraguay,
Poland, Portugal, San Marino, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden,
Switzerland, Thailand, Tunisia, the United Kingdom of Great Britain and Northern Ireland,
Uruguay and Venezuela. Angola, Bangladesh, Bolivia, Bulgaria, Cambodia, Canada,
Cape Verde, Colombia, Côte dIvoire, the Dominican Republic, El Salvador, France, Guinea,
Guinea-Bissau, Haiti, Iceland, Iraq, Japan, Kazakhstan, Madagascar, Mauritius, Morocco,
Mozambique, Nicaragua, Pakistan, Peru, Romania, the Russian Federation, Serbia and
Montenegro, Swaziland, The former Yugoslav Republic of Macedonia, Timor-Leste, the
United Republic of Tanzania, Viet Nam and Zambia subsequently joined the sponsors.
235. A statement in explanation of her delegations position was made by the representative of
the United States of America.
236. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/21.
Question of the realization in all countries of economic, social and cultural rights
237. Also at the 51st meeting, the observer for Portugal introduced draft resolution
E/CN.4/2005/L.24, sponsored by Albania, Algeria, Andorra, Argentina, Armenia, Austria,
Belgium, Bosnia and Herzegovina, Brazil, Burkina Faso, Cameroon, Chile, Costa Rica, Croatia,

Cyprus, the Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece,
Guatemala, Honduras, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico,
Monaco, Norway, Panama, Paraguay, Poland, Portugal, Slovakia, Slovenia, South Africa, Spain,
Sweden, Switzerland, Tunisia, Ukraine and Uruguay. Angola, Bolivia, Bulgaria, Cape Verde,
Côte dIvoire, El Salvador, Guinea, Guinea-Bissau, Hungary, Iceland, Iraq, Morocco,
Mozambique, Nicaragua, Peru, Romania, Russian Federation, Senegal, Serbia and Montenegro,
The former Yugoslav Republic of Macedonia, Timor-Leste, the United Republic of Tanzania
and Zambia subsequently joined the sponsors.
238. Statements in explanation of vote before the vote were made by the representatives of
Australia, Cuba and the United States of America.
239. At the request of the representative of Australia, a recorded vote was taken on the draft
resolution, which was adopted by 50 votes to none, with 3 abstentions (see chap. II, sect. A).
240. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/22.
Access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and
malaria
241. At the same meeting, the representative of Brazil introduced draft resolution
E/CN.4/2005/L.27, sponsored by Albania, Angola, Argentina, Armenia, Bolivia, Bosnia and
Herzegovina, Brazil, Burkina Faso, Canada, Chile, China, the Congo, Croatia, Cuba, the
Dominican Republic, El Salvador, Finland, Gabon, Germany, Guatemala, Haiti, Honduras,
Liechtenstein, Paraguay, Portugal, Switzerland, Thailand, Turkey and Uruguay. Andorra,
Austria, Belgium, Botswana, Bulgaria, Cameroon, Colombia, Costa Rica, Côte dIvoire,
the Democratic Republic of the Congo, Ethiopia, France, Greece, Indonesia, Italy, Kazakhstan,
Luxembourg, Madagascar, Malaysia, Mexico, Monaco, the Netherlands, Nicaragua, Nigeria,
Norway, Peru, Senegal, Serbia and Montenegro, Slovenia, South Africa, Spain, Swaziland,
The former Yugoslav Republic of Macedonia, the United Kingdom of Great Britain and
Northern Ireland, the United Republic of Tanzania, Venezuela, Zambia and Zimbabwe
subsequently joined the sponsors.
242. The representative of the United States of America orally amended the draft resolution by
modifying the first and second preambular paragraphs to read as follows:
Reaffirming the Universal Declaration of Human Rights and the States parties obligations under the
International Covenant on Economic, Social and Cultural Rights,
Reaffirming also that the right of everyone to the enjoyment of the highest attainable standard of physical
and mental health is a human right to be progressively realized.
243. Statements in connection with the proposed amendment were made by the representatives
of Brazil and Cuba.
244. At the request of the representative of Brazil, a recorded vote was taken on the
amendment, which was rejected by 51 votes to 1, with 1 abstention. The voting was as follows:
In favour: United States of America.

Against: Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada,
China, Congo, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt,
Eritrea, Ethiopia, Finland, France, Gabon, Germany, Guatemala,
Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Kenya,
Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria, Pakistan,
Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Abstaining: Japan.
245. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/23.
The right of everyone to the enjoyment of the highest attainable standard of physical and
mental health
246. At the 51st meeting, the representative of Brazil introduced draft resolution
E/CN.4/2005/L.28, sponsored by Albania, Angola, Armenia, Bolivia, Brazil, China, Croatia,
Cuba, the Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Nigeria, Paraguay,
Switzerland, Thailand, Turkey, Uruguay and Venezuela. Algeria, Austria, Belgium, Costa Rica,
Ecuador, Ethiopia, Finland, France, Germany, Guinea, Indonesia, Iraq, Kazakhstan,
Liechtenstein, Luxembourg, Madagascar, Morocco, Nicaragua, Panama, Peru, Portugal, Senegal,
Slovenia, The former Yugoslav Republic of Macedonia, Zambia and Zimbabwe subsequently
joined the sponsors.
247. The representative of Brazil orally revised the draft resolution by modifying paragraph 9.
248. A statement in connection with the draft resolution was made by the representative of
Canada (also on behalf of Norway and New Zealand).
249. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications22 of the draft resolution.
250. Statements in explanation of vote before the vote were made by the representatives of
Egypt, the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member of
the Commission - Romania - aligned itself with the statement) and the United States of America.
251. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution as orally revised, which was adopted by 52 votes to 1 (see chap. II,
sect. A).
252. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/24.
22 Ibid.

Womens equal ownership of, access to and control over land and the equal rights to own
property and to adequate housing
253. Also at the 51st meeting, the representative of Mexico introduced draft resolution
E/CN.4/2005/L.34, sponsored by Austria, Canada, Chile, Croatia, Denmark, Finland, Germany,
Guatemala, Honduras, Liechtenstein, Luxembourg, Mexico, Paraguay, Portugal, Spain,
Switzerland, Thailand, Turkey, Uruguay and Venezuela. Albania, Belgium, Brazil, Bulgaria,
Colombia, Cuba, the Dominican Republic, Ecuador, France, Greece, Haiti, Italy, Japan,
Malaysia, Malta, New Zealand, Nicaragua, Norway, Pakistan, Panama, Peru, Romania, Serbia
and Montenegro and Slovenia subsequently joined the sponsors.
254. The representative of Mexico orally revised the draft resolution by modifying
paragraph 1.
255. A statement in explanation of her delegations position was made by the representative of
the United States of America.
256. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/25.
Corruption and its impact on the full enjoyment of human rights, in particular economic,
social and cultural rights
257. At the same meeting, the Commission had before it draft decision 1, which the
Sub-Commission on the Promotion and Protection of Human Rights had recommended to the
Commission for adoption (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48, chap. I, sect. B).
258. The amendment submitted by the United Kingdom of Great Britain and Northern Ireland
(E/CN.4/2005/L.25) was withdrawn. The amendment consisted of inserting the phrase from
within existing resources, after by enabling her.
259. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications23 of the draft decision.
260. The draft decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/104.
Study on non-discrimination as enshrined in article 2, paragraph 2, of the International
Covenant on Economic, Social and Cultural Rights
261. Also at the same meeting, the representative of the United Kingdom of Great Britain
and Northern Ireland (on behalf of the European Union) introduced the amendment
(E/CN.4/2005/L.26) sponsored by the United Kingdom of Great Britain and Northern Ireland to
23 Ibid.

draft decision 2, which the Sub-Commission on the Promotion and Protection of Human Rights
had recommended to the Commission for adoption (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48,
chap. I, sect. B).
262. The representative of the United States of America proposed to further modify the
amendment by inserting the words within existing resources after the words to undertake.
263. A statement in connection with the modification proposed by the United States of
America was made by the representative of Cuba.
264. At the same meeting, the representative of the United States of America withdrew the
proposed modification to the amendment.
265. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications24 of the draft decision.
266. Draft decision 2, as modified by the proposed amendment (E/CN.4/2005/L.26), was
adopted without a vote. For the text of the decision as adopted, see chapter II, section B,
decision 2005/105.
Promotion of the realization of the right to drinking water and sanitation
267. At the 51st meeting, the Commission had before it draft decision 3, which the
Sub-Commission on the Promotion and Protection of Human Rights had recommended to the
Commission for adoption (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48, chap. I, sect. B).
268. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications25 of the draft decision.
269. The draft decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/106.
24 Ibid.
25 Ibid.

XI. Civil and political rights, including the questions of:
(a) Torture and detention;
(b) Disappearances and summary executions;
(c) Freedom of expression;
(d) Independence of the judiciary, administration
of justice, impunity;
(e) Religious intolerance;
(f) States of emergency;
(g) Conscientious objection to military service
270. The Commission considered agenda item 11 at its 27th and 28th meetings,
on 31 March 2005, at its 30th meeting, on 1 April, at its 31st and 32nd meetings, on 4 April,
at its 33rd and 34th meetings, on 5 April, and at its 56th and 57th meetings, on 19 April.26
271. For the documents issued under agenda item 11, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
272. At the 28th meeting, on 31 March 2005, Mr. Ambeyi Ligabo, Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression, introduced his report
(E/CN.4/2005/64 and Corr.1 and Add.1-5). During the ensuing interactive dialogue, the
representative of Italy and the observers for Colombia, Côte dIvoire and Serbia and Montenegro
made statements, as concerned countries, on the report. The representatives of Argentina,
Canada, Cuba and Indonesia, and the observers for the Islamic Republic of Iran, Luxembourg
(on behalf of the European Union; acceding countries - Bulgaria and Romania, candidate
countries - Turkey and Croatia, as well as countries in the process of stabilization and association
and potential candidates - Albania, Bosnia and Herzegovina, Serbia and Montenegro and
The former Yugoslav Republic of Macedonia) and Norway addressed questions to the Special
Rapporteur, to which he responded.
273. At the same meeting, Mr. Bernard Kessedjian, Chairperson-Rapporteur of the
Intersessional open-ended working group to elaborate a draft legally binding normative
instrument for the protection of all persons from enforced disappearance, introduced the report
of the Working Group (E/CN.4/2005/66).
274. At the 30th meeting, on 1 April 2005, Mr. Alejandro Salinas, Chairperson-Rapporteur of
the third consultative meeting on the basic principles and guidelines on the right to a remedy
and reparation for victims of violations of international human rights and humanitarian law,
introduced the report of the third meeting (E/CN.4/2005/59).
275. At the 31st meeting, on 4 April 2005, Mr. Leandro Despouy, Special Rapporteur on the
independence of judges and lawyers, introduced his report (E/CN.4/2005/60 and Add.1-3 and
Add.3/Corr.1 and Add.4). During the ensuing interactive dialogue, the representatives of Brazil
26 See footnote 1 above (chap. III, para. 1).

and Ecuador and the observer for Kazakhstan made statements, as concerned countries, on the
report. The representatives of Argentina, Costa Rica, Cuba, Guatemala and Hungary and the
observers for Belarus and Luxembourg (on behalf of the European Union) addressed questions to
the Special Rapporteur, to which he responded.
276. At the same meeting, Mr. Manfred Nowak, Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment, introduced the report written by him and the
former Special Rapporteur, Mr. Theo van Boven (E/CN.4/2005/62 and Add.1-3). During the
ensuing interactive dialogue, the observer for Georgia made a statement, as a concerned country,
on the report. The representatives of Argentina, Canada, Cuba, Mexico, Peru and Sri Lanka and
the observers for Belarus, Luxembourg, New Zealand, Norway and Switzerland addressed
questions to the Special Rapporteur, to which he responded.
277. Also at the same meeting, Mr. Philip Alston, Special Rapporteur on extrajudicial,
summary or arbitrary executions, introduced the report written by him and the former Special
Rapporteur, Ms. Asma Jahangir (E/CN.4/2005/7 and Corr.1 and Add.1-2). During the ensuing
interactive dialogue, the representative of the Sudan made a statement, as a concerned country,
on the report. The representatives of Argentina, Canada, Cuba and Peru and the observers for
Belarus, Luxembourg, New Zealand, Norway and Switzerland also addressed questions to the
Special Rapporteur. At the 32nd meeting, on the same day, Mr. Alston responded to the
questions and made his final remarks.
278. At the 32nd meeting, on 4 April 2005, Mr. Stephen Toope, Chairperson-Rapporteur of
the Working Group on Enforced or Involuntary Disappearances, introduced the report of the
Working Group (E/CN.4/2005/65 and Add.1). During the ensuing interactive dialogue, the
representative of Nepal made a statement, as a concerned country, on the report. The
representatives of Argentina, Canada, Costa Rica and Cuba and the observer for Luxembourg
(on behalf of the European Union) also addressed questions to the Chairperson-Rapporteur, to
which he responded.
279. At the same meeting, Ms. Leila Zerrougui, Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, introduced the report of the Working Group
(E/CN.4/2005/6 and Add.1-4). During the ensuing interactive dialogue, the representative
of China and the observers for Belarus and Latvia made statements, as concerned countries,
on the report. The representatives of Cuba and the United States of America and the
observer for Luxembourg (on behalf of the European Union) addressed questions to
the Chairperson-Rapporteur, to which she responded.
280. Also at the same meeting, Ms. Asma Jahangir, Special Rapporteur on freedom of religion
or belief, introduced her report (E/CN.4/2005/61 and Corr.1 and Add.1 and 2). During the
ensuing interactive dialogue, the representative of Nigeria made a statement, as a concerned
country, on the report. The representatives of Argentina, Australia, Brazil, Canada, Indonesia,
Pakistan and Peru and the observers for the Islamic Republic of Iran, Luxembourg (on behalf of
the European Union), Norway and Switzerland addressed questions to the Special Rapporteur, to
which she responded.
281. In the general debate on agenda item 11, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.

Human rights and forensic science
282. At the 56th meeting, on 19 April 2005, the representative of Finland introduced draft
resolution E/CN.4/2005/L.39, sponsored by Albania, Argentina, Armenia, Austria, Belgium,
Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Iceland, Ireland, Italy, Japan, Lithuania, Luxembourg, Mexico, the Netherlands, Norway,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the
United Kingdom of Great Britain and Northern Ireland. Andorra, Australia, Canada, Malta
and Panama subsequently joined the sponsors.
283. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications27 of the draft resolution.
284. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/26.
Enforced or involuntary disappearances
285. At the same meeting, the representative of France introduced draft resolution
E/CN.4/2005/L.40, sponsored by Albania, Andorra, Argentina, Armenia, Austria, Belgium,
Bolivia, Bulgaria, Canada, Chile, Croatia, Cyprus, the Czech Republic, the Dominican Republic,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Mexico, Portugal, the Republic of Korea, Romania, San Marino,
Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, the United Kingdom of Great Britain
and Northern Ireland and Uruguay. Brazil, Cameroon, Congo, Costa Rica, Denmark, Ecuador,
Gabon, Guatemala, Iceland, Monaco, Morocco, the Netherlands, Nicaragua, Nigeria, Norway,
Paraguay, Peru, Poland, Serbia and Montenegro, South Africa, The former Yugoslav Republic
of Macedonia, Ukraine and Venezuela subsequently joined the sponsors.
286. A statement in connection with the draft resolution was made by the representative of
the Russian Federation.
287. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications28 of the draft resolution.
288. At the 57th meeting, on the same day, an explanation of her delegations position was
made by the representative of the United States of America.
289. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/27.
27 See footnote 2 above (chap. III, para. 31).
28 Ibid.

Arbitrary detention
290. At the 56th meeting, the representative of France introduced draft resolution
E/CN.4/2005/L.41, sponsored by Albania, Andorra, Argentina, Armenia, Austria, Belgium,
Bulgaria, Chile, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Mexico, the Netherlands, Norway, Paraguay, Portugal, the Republic of Korea, Romania,
Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great Britain and
Northern Ireland and Uruguay. Costa Rica, the Dominican Republic, Ecuador, Guatemala,
Iceland, Monaco, Morocco, Nicaragua, Nigeria, Peru, Poland, Serbia and Montenegro,
South Africa, The former Yugoslav Republic of Macedonia, Ukraine and the United States of
America subsequently joined the sponsors.
291. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications29 of the draft resolution.
292. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/28.
Strengthening of popular participation, equity, social justice and non-discrimination as
essential foundations of democracy
293. At the same meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.42, sponsored by Algeria, Botswana, Burundi, China, the Congo, Cuba,
the Democratic Peoples Republic of Korea, the Democratic Republic of the Congo, Eritrea,
Ethiopia, Guinea, Kenya, Madagascar, Mauritania, Nigeria, South Africa, Swaziland,
the Syrian Arab Republic, Togo, Uganda, Viet Nam and Zimbabwe. Angola, Cameroon,
the Sudan and Venezuela subsequently joined the sponsors.
294. A statement in explanation of vote before the vote was made by the representative of
the Netherlands (on behalf of the States members of the European Union that are members of
the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom
of Great Britain and Northern Ireland; the acceding country that is a member of the
Commission - Romania - aligned itself with the statement).
295. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland as well as
the acceding country that is a member of the Commission - Romania), a recorded vote was taken
on the draft resolution, which was adopted by 28 votes to 14, with 11 abstentions (see chap. II,
sect. A).
296. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/29.
29 Ibid.

Integrity of the judicial system
297. Also at the same meeting, the representative of the Russian Federation introduced draft
resolution E/CN.4/2005/L.43, sponsored by Belarus and the Russian Federation. Bolivia,
Cuba, the Dominican Republic and Nicaragua subsequently joined the sponsors.
298. The representative of the Russian Federation orally revised the draft resolution by
modifying paragraph 7.
299. The representative of the United States of America orally amended the draft resolution by
deleting in paragraph 3 the word ordinary, by replacing in paragraph 7 a tribunal of
competent, independent and impartial jurisdiction according to law with a higher tribunal
according to law and by inserting in paragraph 8 where required by applicable law following
to ensure that such courts.
300. Statements in connection with the proposed amendments were made by the
representatives of Cuba and the Russian Federation.
301. At the request of the representative of the United States of America, a separate and
recorded vote was taken on the proposed amendment to paragraph 3 of the draft resolution,
which was rejected by 40 votes to 4, with 9 abstentions. The voting was as follows:
In favour: Australia Canada, Eritrea, United States of America.
Against: Argentina, Armenia, Bhutan, Brazil, China, Costa Rica, Cuba,
Dominican Republic, Ecuador, Finland, France, Germany, Guatemala,
Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan,
Kenya, Malaysia, Mexico, Nepal, Netherlands, Nigeria, Paraguay, Peru,
Republic of Korea, Romania, Russian Federation, South Africa,
Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of
Great Britain and Northern Ireland, Zimbabwe.
Abstaining: Burkina Faso, Congo, Egypt, Ethiopia, Gabon, Mauritania, Pakistan,
Qatar, Saudi Arabia.
302. At the request of the representative of the United States of America, a separate and
recorded vote was taken on the proposed amendment to paragraph 7 of the draft resolution,
which was rejected by 39 votes to 6, with 8 abstentions. The voting was as follows:
In favour: Australia, Canada, Eritrea, India, Pakistan, United States of America.
Against: Argentina, Armenia, Bhutan, Brazil, China, Costa Rica, Cuba,
Dominican Republic, Ecuador, Finland, France, Germany, Guatemala,
Guinea, Honduras, Hungary, Indonesia, Ireland, Italy, Japan, Kenya,
Malaysia, Mexico, Nepal, Netherlands, Nigeria, Paraguay, Peru,
Republic of Korea, Romania, Russian Federation, South Africa,
Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of
Great Britain and Northern Ireland, Zimbabwe.
Abstaining: Burkina Faso, Congo, Egypt, Ethiopia, Gabon, Mauritania, Qatar,
Saudi Arabia.

303. At the request of the representative of the United States of America, a separate and
recorded vote was taken on the proposed amendment to paragraph 8 of the draft resolution,
which was rejected by 41 votes to 1, with 11 abstentions. The voting was as follows:
In favour: United States of America.
Against: Argentina, Armenia, Bhutan, Brazil, China, Costa Rica, Cuba,
Dominican Republic, Ecuador, Eritrea, Finland, France, Germany,
Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy,
Japan, Kenya, Malaysia, Mexico, Nepal, Netherlands, Nigeria, Paraguay,
Peru, Republic of Korea, Romania, Russian Federation, South Africa,
Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of
Great Britain and Northern Ireland, Zimbabwe.
Abstaining: Australia, Burkina Faso, Canada, Congo, Egypt, Ethiopia, Gabon,
Mauritania, Pakistan, Qatar, Saudi Arabia.
304. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution, as orally revised, which was adopted by 52 votes to none, with 1
abstention (see chap. II, sect. A).
305. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/30.
Hostage-taking
306. At the 56th meeting, the representative of the Russian Federation introduced draft
resolution E/CN.4/2005/L.44, sponsored by Armenia, Belarus, China, Cuba, Ecuador,
the Russian Federation, Sri Lanka and Turkey. Azerbaijan, Colombia, the Democratic Peoples
Republic of Korea, India, Kazakhstan, Nicaragua, the Philippines, Ukraine and Uruguay
subsequently joined the sponsors.
307. A statement in connection with the draft resolution was made by the representative of the
United States of America.
308. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/31.
Democracy and the rule of law
309. At the same meeting, the representative of Romania (also on behalf of Peru, Timor-Leste
and the United States of America) introduced draft resolution E/CN.4/2005/L.45, sponsored by
Albania, Argentina, Armenia, Austria, Belgium, Benin, Botswana, Brazil, Bulgaria, Burundi,
Cameroon, Canada, Chile, the Congo, Costa Rica, Croatia, Cyprus, the Czech Republic,
Denmark, the Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Georgia,
Germany, Greece, Guatemala, Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Latvia,
Honduras, Lithuania, Liechtenstein, Luxembourg, Mali, Malta, Mexico, the Netherlands,
Norway, Paraguay, Peru, Poland, Portugal, the Republic of Korea, the Republic of Moldova,
Romania, San Marino, Senegal, Serbia and Montenegro, Slovakia, Slovenia, Spain,
Sweden, Thailand, The former Yugoslav Republic of Macedonia, Timor-Leste, Turkey,

the United Kingdom of Great Britain and Northern Ireland, the United States of America and
Uruguay. Afghanistan, Australia, Azerbaijan, Bolivia, Colombia, Iceland, Iraq, Kenya,
Mongolia, Morocco, New Zealand, Nicaragua, Niger, Rwanda, Switzerland, Ukraine and
the United Republic of Tanzania subsequently joined the sponsors.
310. A statement in connection with the draft resolution was made by the representative of
Cuba.
311. The representative of Cuba orally amended the draft resolution by deleting by the
second Ministerial Conference of the Community of Democracies, held in Seoul from 10
to 12 November 2002 in paragraph 13.
312. A statement in connection with the proposed amendment was made by the representative
of Romania.
313. An explanation of vote before the vote on the proposed amendment was made by the
representative of China.
314. At the request of the representative of Romania a recorded vote was taken on the
proposed amendment to paragraph 13. The amendment was rejected by 36 votes to 5,
with 11 abstentions. The voting was as follows:
In favour: China, Cuba, Eritrea, Togo, Zimbabwe.
Against: Argentina, Armenia, Australia, Brazil, Canada, Costa Rica,
Dominican Republic, Finland, France, Germany, Guatemala, Guinea,
Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya,
Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria, Paraguay,
Peru, Qatar, Republic of Korea, Romania, South Africa, Sri Lanka,
Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Bhutan, Burkina Faso, Congo, Egypt, Ethiopia, Gabon, Pakistan,
Russian Federation, Saudi Arabia, Sudan, Swaziland.
315. Statements in explanation of vote before the vote were made by the representatives of
Cuba and Eritrea.
316. At the request of the representative of Cuba, a recorded vote was taken on the draft
resolution, which was adopted by 46 votes to none, with 7 abstentions (see chap. II, sect. A).
317. For the text of the resolution as adopted see chapter II, section A, resolution 2005/32.
Independence and impartiality of the judiciary, jurors and assessors and the independence
of lawyers
318. Also at the 56th meeting, the representative of Hungary introduced draft resolution
E/CN.4/2005/L.46, sponsored by Albania, Andorra, Argentina, Armenia, Austria, Belgium,
Bulgaria, Canada, Chile, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland,

France, Germany, Greece, Guatemala, Honduras, Hungary, India, Ireland, Israel, Italy, Japan,
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, Nigeria,
Norway, Paraguay, Poland, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia,
Spain, Sri Lanka, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey,
the United Kingdom of Great Britain and Northern Ireland and Uruguay. Australia, Bolivia,
Brazil, Ethiopia, Iceland, Madagascar, Nicaragua and Peru subsequently joined the sponsors.
319. The representative of Hungary orally revised the draft resolution by modifying
paragraphs 12 and 13.
320. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications30 of the draft resolution.
321. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/33.
Extrajudicial, summary or arbitrary executions
322. At the same meeting, the observer for Sweden introduced draft resolution
E/CN.4/2005/L.47/Rev.1, sponsored by Albania, Andorra, Armenia, Austria, Belgium, Brazil,
Canada, Chile, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Mexico, Norway,
Poland, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden,
Switzerland, Ukraine and the United Kingdom of Great Britain and Northern Ireland. Argentina,
Costa Rica, the Democratic Republic of the Congo, Ecuador, Guatemala, Iceland, Madagascar,
New Zealand, Nicaragua, Panama, Paraguay, Peru, Swaziland, Uruguay and Venezuela
subsequently joined the sponsors.
323. The observer for Sweden orally revised the draft resolution by modifying paragraph 12,
inserting a new paragraph after paragraph 18, and renumbering the subsequent paragraphs
accordingly.
324. Statements in connection with the draft resolution, as orally revised, were made by the
representatives of the Netherlands (on behalf of the States members of the European Union
that are members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and
the United Kingdom of Great Britain and Northern Ireland; the acceding country that is a
member of the Commission - Romania - aligned itself with the statement), Pakistan and the
United States of America.
325. The representative of Pakistan orally amended the draft resolution by deleting in
paragraph 5 the phrase including those committed in the name of passion or in the name of
honour.
30 Ibid.

326. The representative of the United States of America also amended the draft resolution by
modifying paragraph 9 to read as follows:
Acknowledges that extrajudicial, summary or arbitrary executions can amount to genocide, crimes against
humanity or war crimes, as defined in the Rome Statute of the International Criminal Court.
327. A statement in connection with the proposed amendments was made by the
representative of Finland.
328. At the request of the representative of Pakistan, a recorded vote was taken on the
proposed amendment to paragraph 5 of the draft resolution, which was rejected by 25 votes
to 20, with 7 abstentions. The voting was as follows:
In favour: China, Congo, Egypt, Eritrea, Ethiopia, Gabon, Guinea, India, Indonesia,
Kenya, Malaysia, Mauritania, Nepal, Nigeria, Pakistan, Qatar,
Saudi Arabia, Sudan, Togo, United States of America.
Against: Argentina, Armenia, Australia, Brazil, Canada, Costa Rica,
Dominican Republic, Ecuador, Finland, France, Germany, Guatemala,
Hungary, Ireland, Italy, Japan, Mexico, Netherlands, Paraguay, Peru,
Republic of Korea, Romania, Swaziland, Ukraine, United Kingdom of
Great Britain and Northern Ireland.
Abstaining: Bhutan, Burkina Faso, Honduras, Russian Federation, South Africa,
Sri Lanka, Zimbabwe.
329. At the request of the representative of Pakistan, a recorded vote was taken on the
amendment to paragraph 9 of the draft resolution, which was rejected by 35 votes to 9,
with 8 abstentions. The voting was as follows:
In favour: China, Dominican Republic, Eritrea, Ethiopia, India, Indonesia,
Mauritania, Pakistan, United States of America.
Against: Argentina, Armenia, Australia, Brazil, Canada, Congo, Costa Rica,
Ecuador, Egypt, Finland, France, Gabon, Germany, Guatemala, Guinea,
Honduras, Hungary, Ireland, Italy, Kenya, Malaysia, Mexico, Nepal,
Netherlands, Nigeria, Paraguay, Peru, Republic of Korea, Romania,
Russian Federation, South Africa, Swaziland, Ukraine, United Kingdom
of Great Britain and Northern Ireland, Zimbabwe.
Abstaining: Bhutan, Burkina Faso, Japan, Qatar, Saudi Arabia, Sri Lanka, Sudan,
Togo.
330. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications31 of the draft resolution.
31 Ibid.

331. A statement in explanation of vote before the vote was made by the representative of the
United States of America.
332. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, as orally revised, which was adopted by 36 votes to none,
with 17 abstentions (see chap. II, sect. A).
333. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/34.
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law
334. Also at the 56th meeting, the observer for Chile introduced draft resolution
E/CN.4/2005/L.48, sponsored by Argentina, Armenia, Austria, Belgium, Bolivia,
Brazil, Burkina Faso, Chile, the Congo, Costa Rica, Cyprus, the Czech Republic, the
Dominican Republic, Ecuador, Estonia, Finland, France, Greece, Guatemala, Hungary, Ireland,
Italy, Japan, Latvia, Mexico, the Netherlands, Nigeria, Norway, Paraguay, Peru, Poland,
Portugal, Romania, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great Britain
and Northern Ireland, Uruguay and Venezuela. Azerbaijan, Denmark, Haiti, Honduras, Iceland,
Luxembourg, Nicaragua and South Africa subsequently joined the sponsors.
335. Statements in connection with the draft resolution were made by the representatives
of Argentina, Mexico (on behalf of the Group of Latin American and Caribbean States), the
United Kingdom of Great Britain and Northern Ireland and the United States of America.
336. Statements in explanation of vote before the vote were made by the representatives of
Canada and India.
337. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 40 votes to none, with 13 abstentions
(see chap. II, sect. A).
338. At the 57th meeting, on the same day, an explanation of vote after the vote was made by
the representative of Germany.
339. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/35.
The incompatibility between democracy and racism
340. At the 56th meeting, the representative of Brazil introduced draft resolution
E/CN.4/2005/L.49, sponsored by Albania, Andorra, Argentina, Armenia, Bolivia, Bosnia and
Herzegovina, Brazil, Chile, Costa Rica, Croatia, Cuba, the Dominican Republic, Ecuador,
El Salvador, France, Germany, Guatemala, Honduras, Ireland, Israel, Italy, Mexico, Paraguay,
Peru, Poland, Portugal, the Republic of Korea, Romania, Slovenia, Spain, Sri Lanka, Thailand,
Turkey, the United States of America and Venezuela. Austria, Cameroon, Canada, China,
Colombia, Haiti, Hungary, Iceland, Monaco, Morocco, Nicaragua, Panama, Serbia and
Montenegro, South Africa, Switzerland and Uruguay subsequently joined the sponsors.

341. A statement in connection with the draft resolution was made by the representative of
Eritrea.
342. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/36.
Promoting the rights to peaceful assembly and association
343. At the 57th meeting, on 19 April 2005, the representative of the United States of America
introduced draft resolution E/CN.4/2005/L.50 sponsored by Afghanistan, Australia, Austria,
Belgium, Canada, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Indonesia, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the
Netherlands, Nigeria, Poland, Portugal, the Republic of Korea, Romania, Slovakia, Slovenia,
Spain, Sweden, Turkey, the United Kingdom of Great Britain and Northern Ireland and the
United States of America. Albania, Argentina, Bolivia, Bulgaria, Cameroon, Chile, Costa Rica,
Croatia, Guatemala, Honduras, Iceland, Israel, Japan, Liechtenstein, Nicaragua, Paraguay and
Serbia and Montenegro subsequently joined the sponsors.
344. The representative of the United States of America orally revised the draft resolution by
modifying the fourth preambular paragraph.
345. A statement in connection with the draft resolution was made by the representative of
Cuba.
346. The representative of the Russian Federation introduced proposed amendments
(E/CN.4/2005/L.97) to draft resolution E/CN.4/2005/L.50, sponsored by the Russian Federation.
The amendments read as follows:
(a) Modify the fifth preambular paragraph by inserting, after the words International
Covenant on Civil and Political Rights the following phrase: as well as other international
instruments in the field of human rights, including the International Convention on the
Elimination of All Forms of Racial Discrimination., and by replacing the words certain
restrictions with lawful restrictions that are necessary in a democratic society in the interests of
national security or public safety, public order, the protection of public health or morals, or the
protection of the rights and freedoms of others.
(b) Insert a new paragraph after paragraph 1, reading as follows:
Stresses that, in democratic societies, the exercise of the rights to freedom of peaceful assembly and of
association presupposes certain responsibilities for individuals and groups, and underlines, in particular, that
according to the International Convention on the Elimination of All Forms of Racial Discrimination, the exercise
of these rights cannot be used to disseminate ideas based on racial superiority or hatred, to incite to racial
discrimination, or to any acts of violence, or incite to such acts against any race or group of persons of another
colour or ethnic origin, and also to provide any assistance to racist activities, and that States parties to the
Convention are under the obligation to declare such offences punishable by law and to declare illegal and prohibit
organizations and organized and all other propaganda activities that promote and incite racial discrimination, and to
recognize participation in such organizations or activities as an offence punishable by law.
347. A statement in connection with the proposed amendments was made by the
representative of the United States of America.

348. Statements in explanation of vote before the vote on the proposed amendments to the
draft resolution were made by the representatives of China and the Netherlands (on behalf of
the States members of the European Union that are members of the Commission - Finland,
France, Germany, Hungary, Ireland, Italy and the United Kingdom of Great Britain and
Northern Ireland; the acceding country that is a member of the Commission - Romania - aligned
itself with the statement).
349. At the request of the representative of the Russian Federation, a separate and
recorded vote was taken on the amendment to the fifth preambular paragraph of the draft
resolution. The amendment was rejected by 25 votes to 21, with 7 abstentions. The voting was
as follows:
In favour: Armenia, Bhutan, China, Cuba, Ecuador, Egypt, Eritrea, Ethiopia,
India, Malaysia, Mauritania, Nepal, Nigeria, Pakistan, Qatar,
Russian Federation, Saudi Arabia, Sri Lanka, Sudan, Togo, Zimbabwe.
Against: Argentina, Australia, Brazil, Canada, Costa Rica, Dominican Republic,
Finland, France, Germany, Guatemala, Honduras, Hungary, Indonesia,
Ireland, Italy, Japan, Mexico, Netherlands, Paraguay, Peru, Republic
of Korea, Romania, Ukraine, United Kingdom of Great Britain and
Northern Ireland, United States of America.
Abstaining: Burkina Faso, Congo, Gabon, Guinea, Kenya, South Africa, Swaziland.
350. An explanation of vote before the vote on the second proposed amendment was made by
the representative of India.
351. At the request of the representative of the Russian Federation, a separate and
recorded vote was taken on the amendment to insert a new paragraph after paragraph 1 of the
draft resolution. The amendment was rejected by 26 votes to 13, with 14 abstentions.
The voting was as follows:
In favour: Bhutan, China, Cuba, Ecuador, Eritrea, Ethiopia, Malaysia, Mauritania,
Nepal, Russian Federation, Saudi Arabia, Sudan, Zimbabwe.
Against: Argentina, Armenia, Australia, Brazil, Canada, Costa Rica,
Dominican Republic, Finland, France, Germany, Guatemala, Honduras,
Hungary, Indonesia, Ireland, Italy, Japan, Mexico, Netherlands, Paraguay,
Peru, Republic of Korea, Romania, Ukraine, United Kingdom of
Great Britain and Northern Ireland, United States of America.
Abstaining: Burkina Faso, Congo, Egypt, Gabon, Guinea, India, Kenya, Nigeria,
Pakistan, Qatar, South Africa, Sri Lanka, Swaziland, Togo.
352. A statement in explanation of vote before the vote was made by the representative
of Cuba.

353. At the request of the representative of Cuba, a recorded vote was taken on the draft
resolution as orally revised, which was adopted by 45 votes to none, with 8 abstentions
(see chap. II, sect. A).
354. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/37.
The right to freedom of opinion and expression
355. Also at the 57th meeting, the representative of Canada introduced draft resolution
E/CN.4/2005/L.52, sponsored by Albania, Andorra, Armenia, Australia, Austria, Belgium,
Bosnia and Herzegovina, Bulgaria, Canada, Chile, Croatia, the Czech Republic, El Salvador,
Estonia, Finland, Germany, Hungary, India, Ireland, Italy, Liechtenstein, Lithuania,
Luxembourg, Mexico, New Zealand, Norway, Poland, the Republic of Korea, Romania,
San Marino, Serbia and Montenegro, Slovenia, Spain, Switzerland, Turkey, Ukraine and the
United States of America. Argentina, Azerbaijan, Bolivia, Brazil, Colombia, Costa Rica,
Cyprus, Denmark, the Dominican Republic, France, Greece, Guatemala, Haiti, Honduras,
Iceland, Japan, Madagascar, Malta, Morocco, Mozambique, the Netherlands, Paraguay, Peru,
Portugal, South Africa, the United Kingdom of Great Britain and Northern Ireland, Uruguay and
Venezuela subsequently joined the sponsors.
356. The representative of Canada orally revised the draft resolution by modifying
paragraph 14.
357. A statement in connection with the draft resolution was made by the representative
of Cuba.
358. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications32 of the draft resolution.
359. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/38.
Torture and other cruel, inhuman or degrading treatment or punishment
360. At the same meeting, the observer for Denmark introduced draft resolution
E/CN.4/2005/L.54, sponsored by Albania, Andorra, Argentina, Armenia, Australia, Austria,
Belgium, Brazil, Bulgaria, Canada, Chile, Croatia, Cyprus, the Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Panama,
Paraguay, Poland, Portugal, the Republic of Korea, Romania, San Marino, Senegal,
Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine,
the United Kingdom of Great Britain and Northern Ireland and the United States of America.
Cameroon, Colombia, Costa Rica, Ecuador, Egypt, Eritrea, Japan, Liechtenstein, Mauritius,
Monaco, Morocco, Nicaragua, Peru, the Republic of Moldova, South Africa, The former
Yugoslav Republic of Macedonia, Uruguay and Venezuela subsequently joined the sponsors.
32 Ibid.

361. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications33 of the draft resolution.
362. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/39.
Elimination of all forms of intolerance and of discrimination based on religion or belief
363. Also at the same meeting, the observer for Luxembourg (on behalf of the European
Union) introduced draft resolution E/CN.4/2005/L.55, sponsored by Albania, Andorra, Armenia,
Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Croatia, Cyprus,
the Czech Republic, Denmark, the Dominican Republic, El Salvador, Estonia, Finland, France,
Germany, Greece, Guatemala, Hungary, Ireland, Israel, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, the Netherlands, New Zealand, Paraguay, Poland, Portugal, the Republic
of Korea, Romania, San Marino, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden,
Switzerland, Thailand, The former Yugoslav Republic of Macedonia, Ukraine and the
United Kingdom of Great Britain and Northern Ireland. Argentina, Brazil, Burkina Faso,
Cameroon, Colombia, Congo, Costa Rica, Ecuador, Eritrea, Ethiopia, Honduras, Iceland, Japan,
Kazakhstan, Mauritius, Monaco, Mozambique, Nicaragua, Norway, Peru, Rwanda, South Africa,
Timor-Leste, Uganda, the United Republic of Tanzania, the United States of America, Uruguay
and Zimbabwe subsequently joined the sponsors.
364. Statements in connection with the draft resolution were made by the representatives of
India and Pakistan (on behalf of the Organization of the Islamic Conference).
365. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications34 of the draft resolution.
366. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/40.
Terrorism and human rights
367. At the 57th meeting, the Commission considered draft decision 9 recommended by the
Sub-Commission on the Promotion and Protection of Human Rights for adoption by the
Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48, chap. I, sect. B).
368. A statement in connection with the draft decision was made by the representative of the
United States of America.
33 Ibid.
34 Ibid.

369. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications35 of the draft decision.
370. Statements in explanation of vote before the vote were made by the representatives of
Cuba, Mauritania, Pakistan and the Russian Federation.
371. At the request of the representative of the United States of America, a recorded vote was
taken on the draft decision, which was adopted by 40 votes to 2, with 11 abstentions. The voting
was as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia,
Gabon, Guatemala, Guinea, Honduras, India, Indonesia, Japan, Kenya,
Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru,
Qatar, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan,
Swaziland, Togo, Ukraine, Zimbabwe.
Against: Australia, United States of America.
Abstaining: Canada, Finland, France, Germany, Hungary, Ireland, Italy, Netherlands,
Republic of Korea, Romania, United Kingdom of Great Britain and
Northern Ireland.
372. For the text of the decision as adopted, see chapter II, section B, decision 2005/107.
35 Ibid.

XII. Integration of the human rights of women and the
gender perspective:
(a) Violence against women
373 The Commission considered agenda item 12 at its 34th meeting, on 5 April 2005,
at its 35th and 36th meetings, on 6 April, at its 37th and 38th meetings, on 7 April, at
its 39th meeting, on 8 April, and at its 57th meeting, on 19 April.36
374. For the documents issued under agenda item 12, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
375. At the 34th meeting, on 5 April 2005, the Chairperson of the Commission on the Status
of Women, Ms. Carmen María Gallardo Hernández, made a statement.
376. At the 35th meeting, on 6 April 2005, the Special Rapporteur on violence against women,
its causes and consequences, Ms. Yakin Ertürk, introduced her report (E/CN.4/2005/72 and
Corr.1, Add.1 and Corr.1 and Add.2-5). During the ensuing interactive dialogue, the
representatives of Guatemala and the Sudan and the observers for El Salvador, Israel and
Palestine made statements, as concerned parties, on the report. The representatives of Canada,
Cuba, Indonesia, Mexico, the Russian Federation and the United States of America and the
observers for the Islamic Republic of Iran, Luxembourg (on behalf of the European Union),
New Zealand and Switzerland addressed questions to the Special Rapporteur, to which she
responded.
377. At the same meeting, the Special Rapporteur on trafficking in persons, especially women
and children, Ms. Sigma Huda, introduced her report (E/CN.4/2005/71 and Add.1). During the
ensuing interactive dialogue, the observer for Bosnia and Herzegovina made a statement, as a
concerned country, on the report. The representatives of Canada, Costa Rica, Honduras, India,
Indonesia, Mexico, Pakistan, the United States of America and the observer for Luxembourg (on
behalf of the European Union) addressed questions to the Special Rapporteur, to which she
responded.
378. At the same meeting, the Special Adviser to the Secretary-General on Gender Issues and
the Promotion of Women, Ms. Rachel Mayanja, made a statement.
379. In the general debate on agenda item 12, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Elimination of violence against women
380. At the 57th meeting, on 19 April 2005, the representative of Canada introduced draft
resolution E/CN.4/2005/L.51, sponsored by Albania, Andorra, Angola, Armenia, Austria,
Belgium, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Canada, Chile, Croatia,
36 See footnote 1 above (chap. III, para. 1).

the Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Honduras, Hungary,
Ireland, Italy, Liechtenstein, Lithuania, Mexico, Mongolia, the Netherlands, New Zealand,
Norway, the Republic of Korea, Romania, Serbia and Montenegro, South Africa, Spain, Sweden,
Switzerland, Thailand, Turkey and the United Kingdom of Great Britain and Northern Ireland.
Argentina, Australia, Belarus, Brazil, Cambodia, Cameroon, Colombia, Congo, Cyprus, France,
Guatemala, Haiti, Iceland, Israel, Latvia, Luxembourg, Madagascar, Mozambique, Nicaragua,
Panama, Paraguay, Peru, the Philippines, Portugal, Slovakia, Slovenia, The former Yugoslav
Republic of Macedonia and Uruguay subsequently joined the sponsors. Honduras later withdrew
from the list of sponsors.
381. The representative of Canada orally revised the draft resolution by modifying
paragraph 11.
382. Statements in connection with the draft resolution were made by the representatives of
Costa Rica, Ecuador, Guatemala, Honduras, Pakistan (on behalf of the Organization of the
Islamic Conference) and the United States of America.
383. The representative of Pakistan (on behalf of the Organization of the Islamic Conference)
orally amended the draft resolution by replacing, in paragraph 17 (h), the words marital rape
by domestic sexual violence.
384. A statement in connection with the amendment proposed by Pakistan (on behalf of the
Organization of the Islamic Conference) was made by the representative of Canada.
385. The representative of the United States of America further amended the draft resolution
by deleting paragraph 20.
386. A statement in connection with the amendment proposed by the United States of America
was made by the representative of Canada.
387. A statement in explanation of vote before the vote in connection with the proposal to
amend paragraph 17 (h) of the draft resolution was made by the representative of the Netherlands
(on behalf of the States members of the European Union that are members of the Commission -
Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of Great Britain and
Northern Ireland; the acceding country that is a member of the Commission - Romania - aligned
itself with the statement).
388. At the request of the representative of Canada, a recorded vote on the proposed
amendment to paragraph 17 (h) of the draft resolution was taken, which was rejected by 25 votes
to 14, with 13 abstentions. The voting was as follows:
In favour: China, Egypt, Eritrea, Ethiopia, Guinea, Indonesia, Malaysia, Mauritania,
Nigeria, Pakistan, Qatar, Saudi Arabia, Sudan, Zimbabwe.
Against: Argentina, Armenia, Australia, Brazil, Canada, Costa Rica,
Dominican Republic, Finland, France, Germany, Guatemala, Honduras,
Hungary, Ireland, Italy, Mexico, Netherlands, Paraguay, Peru,
Republic of Korea, Romania, South Africa, Ukraine, United Kingdom
of Great Britain and Northern Ireland, United States of America.

Abstaining: Bhutan, Burkina Faso, Congo, Ecuador, Gabon, India, Japan, Kenya,
Nepal, Russian Federation, Sri Lanka, Swaziland, Togo.
389. At the request of the representative of Canada, a recorded vote was taken on the
amendment to delete paragraph 20 of the draft resolution, which was rejected by 36 votes to 5,
with 10 abstentions. The voting was as follows:
In favour: India, Indonesia, Nepal, Saudi Arabia, United States of America.
Against: Argentina, Armenia, Australia, Brazil, Canada, Congo, Costa Rica,
Dominican Republic, Ecuador, Egypt, Eritrea, Finland, France, Gabon,
Germany, Guatemala, Guinea, Honduras, Hungary, Ireland, Italy, Japan,
Kenya, Malaysia, Mexico, Netherlands, Nigeria, Paraguay, Peru,
Republic of Korea, Romania, Russian Federation, South Africa, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Abstaining: Bhutan, Burkina Faso, China, Ethiopia, Pakistan, Qatar, Sri Lanka,
Sudan, Swaziland, Togo.
390. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications37 of the draft resolution.
391. A statement in explanation of her delegations position on the draft resolution, as orally
revised, was made by the representative of the United States of America.
392. An explanation of vote after the vote was made by the representative of Egypt.
393. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/41.
Integrating the human rights of women throughout the United Nations system
394. Also at the 57th meeting, the observer for Chile introduced draft resolution
E/CN.4/2005/L.53, sponsored by Albania, Andorra, Armenia, Austria, Bangladesh, Belarus,
Belgium, Bulgaria, Burkina Faso, Cameroon, Canada, Colombia, Croatia, Cyprus, Denmark,
the Dominican Republic, Ecuador, Estonia, Finland, Germany, Greece, Guatemala, Hungary,
Ireland, Israel, Japan, Kenya, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico,
the Netherlands, New Zealand, Paraguay, Peru, Portugal, the Republic of Korea, Romania,
Slovenia, Spain, Swaziland, Sweden, Switzerland, Thailand, Tunisia, the United Kingdom of
Great Britain and Northern Ireland, Uruguay and Venezuela. Brazil, Chile, El Salvador, France,
Iceland, Italy, Madagascar, Malaysia, Nicaragua, Norway, Panama, Poland, Serbia and
Montenegro, Slovakia and the United Republic of Tanzania subsequently joined the sponsors.
37 See footnote 2 above (chap. III, para. 31).

395. A statement in explanation of her delegations vote was made by the representative of the
United States of America.
396. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/42.
The difficulty of establishing guilt and/or responsibility with regard to crimes of sexual
violence
397. Also at the same meeting, the Commission considered draft decision 10 that had been
recommended by the Sub-Commission on the Promotion and Protection of Human Rights for
adoption by the Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48, chap. I, sect. B).
398. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications38 of the draft decision.
399. The draft decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/108.
38 Ibid.

XIII. Rights of the child
400. The Commission considered agenda item 13 at its 39th, 40th and 41st meetings
on 8 April 2005, at its 43rd meeting, on 11 April, and at its 57th meeting, on 19 April.39
401. For the documents issued under agenda item 13, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
402. At the 39th meeting, on 8 April 2005, the Special Rapporteur on the sale of children,
child prostitution and child pornography, Mr. Juan Miguel Petit, introduced his report
(E/CN.4/2005/78 and Corr.1 and 2 and Add.1-3). During the ensuing interactive dialogue, the
representatives of Paraguay and Romania made statements, as concerned countries, on the report.
The representatives of Costa Rica, Cuba and Indonesia as well as the observers for Haiti and
Luxembourg (on behalf of the European Union) addressed questions to the Special Rapporteur,
to which he responded.
403. At the same meeting, the independent expert to direct an in-depth study on the question
of violence against children, Mr. Paulo Sérgio Pinheiro, introduced the progress report of the
Secretary-General on the question (E/CN.4/2005/75).
404. In the general debate on agenda item 13, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Abduction of children in Africa
405. At the 57th meeting, on 19 April 2005, the representative of Ethiopia introduced draft
resolution E/CN.4/2005/L.35/Rev.1, sponsored by Ethiopia (on behalf of the Group of African
States). Andorra, Benin, Guinea, Madagascar, Nicaragua, Switzerland and the United States of
America subsequently joined the sponsors.
406. The representative of Ethiopia orally revised the draft resolution by modifying
paragraph 3.
407. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications40 of the draft resolution.
408. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/43.
39 See footnote 1 above (chap. III, para. 1).
40 See footnote 2 above (chap. III, para. 31).

Rights of the child
409. At the same meeting, the observer for Luxembourg (on behalf of the European Union
and the Group of Latin American and Caribbean States) introduced draft resolution
E/CN.4/2005/L.96, sponsored by Albania, Andorra, Argentina, Armenia, Austria, Belgium,
Bolivia, Bulgaria, Chile, Colombia, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic,
Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Germany,
Greece, Guatemala, Honduras, Hungary, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg,
Malta, Monaco, Netherlands, Paraguay, Peru, Portugal, Romania, Serbia and Montenegro,
Slovakia, Slovenia, Spain, Sweden, Thailand, Turkey, United Kingdom of Great Britain and
Northern Ireland, Uruguay and Venezuela. Australia, Belarus, Brazil, Burkina Faso, Canada,
Guinea, Iceland, Kazakhstan, Liechtenstein, Mexico, Morocco, New Zealand, Nicaragua,
Nigeria, Norway, Panama, Poland, Republic of Moldova, San Marino, Switzerland, The former
Yugoslav Republic of Macedonia and Ukraine subsequently joined the sponsors.
410. Statements in connection with the draft resolution were made by the representatives of
Canada (also on behalf of New Zealand, Norway and Switzerland), the Russian Federation and
the United States of America.
411. The representative of the United States of America amended the draft resolution as
follows:
(a) She replaced the first preambular paragraph with the following text:
Emphasizing that the Convention on the Rights of the Child, its Protocol on the sale of children, child
prostitution and child pornography, its protocol on the involvement of children in armed conflict, the International
Covenant on Civil and Political Rights, as well as the 1999 Convention concerning the prohibition and immediate
action for the elimination of the worst forms of child labour (No. 182) of the International Labour Organization, the
Hague Convention on the Civil Aspects of International Child Abduction, and the 1951 Convention relating to the
Status of Refugees and its 1967 Protocol contain a comprehensive set of international legal standards for the
protection and well-being of children, and reaffirming that the best interests of the child shall be a primary
consideration in all actions concerning children;
(b) She replaced paragraph 2 with the following text:
Urges States that have not yet done so to consider as a matter of priority signing and ratifying or acceding
to the Convention on the Rights of the Child and its Optional Protocols, and urges States parties to implement them
fully, while stressing that the implementation of the Convention and its Optional Protocols and the achievement of
the goals of the World Summit for Children the special session of the General Assembly on children are mutually
reinforcing;
(c) She deleted paragraph 3;
(d) She replaced paragraph 7 by the following text:
Calls upon all States to end impunity for perpetrators of crimes committed against children, and takes note
of the entry into force of the Rome Statute of the International Criminal Court and notes in particular the inclusion
therein, as a war crime, of conscripting or enlisting children under the age of 15 years or using them to participate
actively in hostilities in both international and non-international conflicts;

(e) She replaced paragraph 16 (d) with the following text:
Guaranteeing the right of a child whose parents reside in different States to maintain, on a regular basis,
save in exceptional circumstances, personal relations and direct contact with both parents by providing enforceable
means of access and visitation in both States and by respecting the principle that both parents have common
responsibilities for the upbringing and development of their children;
(f) She replaced paragraph 16 (f) with the following text:
Addressing cases of international abduction of children and encouraging States to engage in multilateral
and bilateral cooperation to ensure, inter alia, the return of the child to the country where he or she resided
immediately before the removal or retention and, in this respect, to pay particular attention to cases of international
abduction of children by one of their parents or other relatives.
412. Statements in connection with the proposed amendments were made by the
representatives of Mexico (on behalf of the Group of Latin American and Caribbean States) and
the Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of
Great Britain and Northern Ireland; the acceding country that is a member of the Commission -
Romania - aligned itself with the statement).
413. At the request of the representative of the United States of America, a recorded vote was
taken on the proposed amendments, which were rejected by 51 votes to 1, with 1 abstention.
The voting was as follows:
In favour: United States of America.
Against: Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada,
China, Congo, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt,
Eritrea, Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea,
Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya,
Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria, Paraguay,
Peru, Qatar, Republic of Korea, Romania, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Abstaining: Pakistan.
414. The representative of Pakistan stated that his delegation had intended to vote against the
proposed amendments.
415. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution, which was adopted by 52 votes to 1 (see chap. II, sect. A).
416. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications41 of the draft resolution.
417. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/44.
41 Ibid.

XIV. Specific groups and individuals:
(a) Migrant workers;
(b) Minorities;
(c) Mass exoduses and displaced persons;
(d) Other vulnerable groups and
individuals
418. The Commission considered agenda item 14 at its 43rd meeting, on 11 April 2005, at
its 44th and 45th meetings, on 12 April, at its 48th meeting, on 13 April, at its 49th meeting,
on 14 April, at its 51st meeting, on 15 April, at its 57th meeting, on 19 April, at its 58th
and 59th meetings, on 20 April and at its 60th and 61st meetings, on 21 April.42
419. For the documents issued under agenda item 14, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, seethe beginning of the present report.
420. At the 43rd meeting, on 11 April 2005, the Representative of the Secretary-General
on the human rights of internally displaced persons, Mr. Walter Kälin, introduced his report
(E/CN.4/2005/84 and Add.1). During the ensuing interactive dialogue, the representative of the
Sudan made a statement, as a concerned country, on the report.
421. At the 44th meeting, on 12 April 2005, the Special Rapporteur on the human rights of
migrants, Ms. Gabriela Rodríguez Pizarro, introduced her report (E/CN.4/2005/85 and Corr.1
and Add.1-4). During the ensuing interactive dialogue, the representatives of Italy and Peru as
well as the observer for the Islamic Republic of Iran made statements, as concerned countries, on
the report. The representatives of Argentina, Burkina Faso, Canada, Costa Rica as well as the
observers for Senegal and Luxembourg (on behalf of the European Union) addressed questions
to the Special Rapporteur, to which she responded.
422. At the same meeting, the United Nations High Commissioner for Human Rights made a
statement.
423. Also at the same meeting, the Special Rapporteur on disabilities of the Commission on
Social Development, Ms. Sheikha Hessa Khalifa bin Ahmed al-Thani, made a statement.
424. In the general debate on agenda item 14, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Human rights and arbitrary deprivation of nationality
425. At the 57th meeting, on 19 April 2005, the representative of the Russian Federation
introduced draft resolution E/CN.4/2005/L.58, sponsored by Belarus, Cuba, Ecuador, Eritrea,
Nigeria, the Russian Federation and Zimbabwe. Nicaragua subsequently joined the sponsors.
42 See footnote 1 above (chap. III, para. 1).

426. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/45.
The protection of human rights in the context of human immunodeficiency virus (HIV)
and acquired immunodeficiency syndrome (AIDS)
427. At the 58th meeting, on 20 April 2005, the observer for Poland introduced draft
resolution E/CN.4/2005/L.59, sponsored by Armenia, Austria, Belgium, Botswana, Bulgaria,
Cameroon, the Congo, Croatia, the Democratic Republic of the Congo, Estonia, Ethiopia,
France, Germany, Greece, Guinea, Hungary, Ireland, Israel, Italy, Kenya, Latvia, Lithuania,
Luxembourg, Mexico, Nigeria, Peru, Poland, Portugal, Romania, Rwanda, San Marino, Senegal,
Serbia and Montenegro, Slovakia, Slovenia, South Africa, Spain, Swaziland, Sweden,
Switzerland, Thailand, The former Yugoslav Republic of Macedonia, Ukraine, Zambia and
Zimbabwe. Albania, Andorra, Australia, Bolivia, Brazil, the Czech Republic, Guatemala, Haiti,
Iceland, Liechtenstein, Madagascar, Nicaragua, Paraguay, the United Republic of Tanzania and
Uruguay subsequently joined the sponsors.
428. Statements in connection with the draft resolution were made by the representatives of
Costa Rica, Cuba, Honduras, Pakistan (on behalf of the Organization of the Islamic Conference)
and the United States of America.
429. The representative of China introduced an amendment (E/CN.4/2005/L.100), sponsored
by China, to draft resolution E/CN.4/2005/L.59. The amendment consisted of inserting in
paragraph 6 of the draft resolution, after reproductive rights the phrase as understood
in previous international commitments, such as the Programme of Action adopted at
the International Conference on Population and Development held in Cairo from
5 to 13 September 1994 and the Beijing Declaration and Programme for Action adopted at
the Fourth World Conference for Women held in Beijing from 4 to 15 September 1995,.
430. The representative of Pakistan further proposed to amend the draft resolution by
replacing in the eleventh preambular paragraph E/CN.4/1997/37, annex I by the phrase as
contained in paragraph 12 of document E/CN.4/1997/37 and by inserting this phrase in the
eleventh and seventeenth preambular paragraphs and in paragraphs 1 and 14, after the
guidelines on HIV/AIDS and human rights.
431. A statement in connection with the proposed amendments was made by the
representative of the Netherlands (on behalf of the States members of the European Union that
are members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and
the United Kingdom of Great Britain and Northern Ireland; the acceding country that is a
member of the Commission - Romania - aligned itself with the statement).
432. At its 61st meeting, on 21 April 2005, the representative of Ireland orally revised the
draft resolution by incorporating the amendments proposed by China and Pakistan modifying the
eleventh and seventeenth preambular paragraphs and by modifying paragraphs 1, 6 and 14.
433. Statements in connection with the proposed revisions were made by China, Guatemala,
Honduras, Pakistan (on behalf of the Organization of the Islamic Conference) and the
United States of America.

434. The representative of China withdrew the amendment (E/CN.4/2005/L.100) to the draft
resolution.
435. An explanation of his delegations position was made by the representative of the
United States of America.
436. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/84.
Internally displaced persons
437. At the 57th meeting, the observer for Austria introduced draft resolution
E/CN.4/2005/L.60 sponsored by Afghanistan, Albania, Andorra, Argentina, Armenia, Australia,
Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, the Congo, Croatia,
Cyprus, the Czech Republic, the Democratic Republic of the Congo, Denmark, Djibouti,
Ecuador, Eritrea, Estonia, Ethiopia, Finland, France, Germany, Greece, Guatemala, Honduras,
Hungary, Iraq, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Mexico, the Netherlands, Nigeria, Norway, Poland, Portugal, the Republic of Korea, Romania,
Serbia and Montenegro, Slovakia, Slovenia, South Africa, Spain, Swaziland, Sweden,
Switzerland, Thailand, The former Yugoslav Republic of Macedonia, the United Kingdom of
Great Britain and Northern Ireland and Zimbabwe. Azerbaijan, Chile, Guinea, Iceland,
Nicaragua, Peru, Uruguay and Zambia subsequently joined the sponsors.
438. The observer for Austria orally revised the draft resolution by modifying paragraph 11.
439. A statement in connection with the draft resolution was made by the representative of
India.
440. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications43 of the draft resolution.
441. A statement in explanation of her delegations position on the draft resolution was made
by the representative of the United States of America.
442. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/46.
Rights of persons belonging to national or ethnic, religious and linguistic minorities
443. At the 60th meeting, on 21 April 2005, the observer for Austria introduced draft
resolution E/CN.4/2005/L.62, sponsored by Afghanistan, Albania, Argentina, Armenia, Austria,
Bolivia, Bosnia and Herzegovina, Bulgaria, Costa Rica, Croatia, Ethiopia, Finland, Guatemala,
Honduras, Hungary, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Mexico, Morocco,
Norway, the Philippines, Poland, the Republic of Korea, Romania, the Russian Federation,
San Marino, Serbia and Montenegro, Slovenia, Switzerland and Ukraine. Andorra, Colombia,
43 See footnote 2 above (chap. III, para. 31).

the Czech Republic, Denmark, Ecuador, Eritrea, Iceland, Malta, Nicaragua, Peru, The former
Yugoslav Republic of Macedonia, Uruguay, the United States of America and Zimbabwe
subsequently joined the sponsors.
444. The observer for Austria orally revised the draft resolution as follows:
(a) He modified the beginning of paragraph 6 as well as its subparagraph (a), deleted
its subparagraph (b), renamed the following subparagraphs accordingly and inserted a new
subparagraph (e);
(b) He modified paragraphs 7 to 9, 13 and 15.
(c) He inserted a new paragraph after paragraph 9 and renumbered the following
paragraphs accordingly.
445. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications44 of the draft resolution.
446. An explanation of his delegations position was made by the representative of Australia.
447. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/79.
448. In view of the adoption of resolution 2005/79, the Commission took no action on draft
decision 6 recommended by the Sub-Commission on the Promotion and Protection of
Human Rights for adoption by the Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48,
chap. I, sect. B).
Human rights of migrants
449. At the 57th meeting, the representative of Mexico introduced draft resolution
E/CN.4/2005/L.63, sponsored by Algeria, Argentina, Armenia, Bangladesh, Bolivia, Bosnia
and Herzegovina, Brazil, Burkina Faso, Chile, Ecuador, Egypt, El Salvador, Ethiopia,
Guatemala, Honduras, Indonesia, Kenya, Mexico, Morocco, Paraguay, Peru, the Philippines,
Senegal, Serbia and Montenegro, Sri Lanka, Tunisia, Turkey, Ukraine, the United Republic
of Tanzania and Uruguay. Albania, Azerbaijan, Costa Rica, Haiti, Madagascar, Nicaragua and
Nigeria subsequently joined the sponsors.
450. The representative of Mexico orally revised the draft resolution by modifying
paragraphs 5 and 7.
451. A statement in connection with the draft resolution was made by the representative of the
United States of America.
44 Ibid.

452. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications45 of the draft resolution.
453. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/47.
Human rights and mass exoduses
454. At the same meeting, the representative of Canada introduced draft resolution
E/CN.4/2005/L.64, sponsored by Argentina, Australia, Austria, Belgium, Canada,
the Czech Republic, Eritrea, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Mexico,
the Netherlands, New Zealand, Norway, Slovenia, South Africa, Spain and Switzerland.
Albania, Andorra, the Congo, Cyprus, Denmark, Ecuador, Finland, France, Germany, Greece,
Haiti, Hungary, Iceland, Malta, Nicaragua, Nigeria, Portugal, Serbia and Montenegro and the
United Kingdom of Great Britain and Northern Ireland subsequently joined the sponsors.
455. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/48.
Human rights of persons with disabilities
456. At the 59th meeting, on 20 April 2005, the observer for Sweden (also on behalf of
Mexico) introduced draft resolution E/CN.4/2005/L.65, sponsored by Albania, Andorra,
Argentina, Austria, Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria,
Burkina Faso, Cameroon, Canada, Chile, Costa Rica, Croatia, Cyprus, Denmark, the
Dominican Republic, Ecuador, Ethiopia, Finland, France, Germany, Greece, Guatemala,
Honduras, Hungary, Iraq, Ireland, Israel, Italy, Jordan, Liechtenstein, Lithuania, Luxembourg,
Malta, Mexico, Morocco, the Netherlands, New Zealand, Norway, Paraguay, Peru,
the Philippines, Poland, Portugal, Romania, Rwanda, San Marino, Serbia and Montenegro,
Slovenia, Spain, Swaziland, Sweden, Switzerland, Thailand, The former Yugoslav Republic
of Macedonia, Tunisia, Turkey, the United Kingdom of Great Britain and Northern Ireland,
Ukraine, Uruguay and Venezuela. Algeria, Australia, Bolivia, Brazil, Colombia,
the Czech Republic, Eritrea, Estonia, Iceland, Japan, Kenya, Madagascar, Malaysia,
Mozambique, Nicaragua, Panama, South Africa, Zambia and Zimbabwe subsequently
joined the sponsors.
457. The observer for Sweden orally revised the draft resolution by modifying paragraph 7.
458. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications46 of the draft resolution.
45 Ibid.
46 Ibid.

459. A statement in connection with the draft resolution was made by the representative of
China.
460. An explanation of her delegations position was made by the representative of the
United States of America.
461. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/65.
Discrimination based on work and descent
462. At the 57th meeting, the Commission considered draft decision 8 recommended by the
Sub-Commission on the Promotion and Protection of Human Rights for adoption by the
Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48, chap. I, sect. B).
463. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications47 of the draft decision.
464. The draft decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/109.
47 Ibid.

XV. Indigenous issues
465. The Commission considered agenda item 15 at its 42nd and 43rd meetings
on 11 April 2005 and at its 58th meeting on 20 April.48
466. For the documents issued under agenda item 15, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
467. At the 42nd meeting, on 11 April 2005, Mr. Rodolfo Stavenhagen, Special Rapporteur on
the situation of human rights and fundamental freedoms of indigenous people, introduced his
report (E/CN.4/2005/88 and Add.1-3 and Add.3/Corr.1 and Add.4). During the ensuing
interactive dialogue, the representative of Canada and the observer for Colombia made
statements, as concerned countries, on the report. The representatives of Argentina, Ecuador and
Indonesia as well as the observers for Luxembourg and Norway addressed questions to the
Special Rapporteur, to which he responded.
468. At the same meeting, statements were made by:
(a) Mr. Luis-Enrique Chávez, Chairperson-Rapporteur of the Working Group to
elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution
49/214 of 23 December 1994, in relation to the report of the Working Group (E/CN.4/2005/89
and Add.1 and 2);
(b) Ms. Erica-Irene A. Daes, Special Rapporteur of the Sub-Commission on the
Promotion and Protection of Human Rights to undertake a study on indigenous peoples
permanent sovereignty over natural resources (E/CN.4/Sub.2/2004/30 and Add.1);
(c) Mr. José Carlos Morales Morales, member of the Board of Trustees of the
United Nations Voluntary Fund for Indigenous Populations.
469. In the general debate on agenda item 15, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Working Group on Indigenous Populations of the Sub-Commission on the Promotion and
Protection of Human Rights
470. At the 58th meeting, on 20 April 2005, the representative of Cuba introduced draft
resolution E/CN.4/2005/L.56, sponsored by Cuba, Ecuador, Guatemala and Paraguay.
Bolivia, Chile, Nicaragua and Venezuela subsequently joined the sponsors.
471. A statement in connection with the draft resolution was made by the representative of the
United States of America.
48 See footnote 1 above (chap. III, para. 1).

472. In accordance with rule 28 of the rules of procedure of the functional commissions of
the Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications49 of the draft resolution.
473. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 39 votes to 13, with 1 abstention
(see chap. II, sect. A).
474. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/49.
475. In view of the adoption of resolution 2005/49, the Commission took no action on
draft decision 7 recommended by the Sub-Commission on the Promotion and Protection of
Human Rights for adoption by the Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48,
chap. I, sect. B).
Working Group of the Commission on Human Rights to elaborate a draft declaration in
accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994
476. At the same meeting, the representative of Canada introduced draft resolution
E/CN.4/2005/L.61, sponsored by Austria, Canada, Croatia, Denmark, Ecuador, Estonia,
Finland, Germany, Greece, Guatemala, Hungary, Israel, Italy, Mexico, Norway, Peru,
Russian Federation, Spain, Sweden and Switzerland. Belgium, Bolivia, Brazil, Chile,
Iceland, Nicaragua, Paraguay, Portugal, Slovenia and Venezuela subsequently joined the
sponsors.
477. Statements in connection with the draft resolution were made by the representatives of
Finland, Guatemala, Mexico and the United States of America.
478. The representative of the United States of America amended the draft resolution by
redrafting paragraph 5 to read as follows:
Calls upon the Working Group to complete the negotiations prior to the sixty-second session of the
Commission, and to this end authorizes the expenditure of resources for 10 working days of negotiations and, if
necessary to extend that negotiating session for up to an additional 10 days to accomplish this objective, the cost of
the meeting to be met from within existing resources.
479. The representative of Canada made a statement in connection with the proposed
amendment.
480. At the request of the representative of Canada, a recorded vote was taken on the
amendment to paragraph 5 of the draft resolution. The amendment was rejected by 49 votes
to 2, with 2 abstentions. The voting was as follows:
In favour: Australia, United States of America.
49 See footnote 2 above (chap. III, para. 31).

Against: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, Canada, China,
Congo, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea,
Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea,
Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya,
Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria, Pakistan,
Paraguay, Peru, Qatar, Republic of Korea, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Abstaining: Romania, Togo.
481. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications50 of the draft resolution.
482. Statements in explanation of vote before the vote were made by the representatives of
Australia and the United States of America.
483. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 52 votes to none, with 1 abstention
(see chap. II, sect. A).
484. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/50.
Human rights and indigenous issues
485. Also at the 58th meeting, the representative of Guatemala (also on behalf of Mexico)
introduced draft resolution E/CN.4/2005/L.66, sponsored by Andorra, Argentina, Bolivia, Chile,
Costa Rica, Croatia, Cuba, Democratic Republic of the Congo, Denmark, Dominican Republic,
Ecuador, Estonia, Finland, Germany, Greece, Guatemala, Honduras, Hungary, Israel, Italy,
Luxembourg, Mexico, Norway, Paraguay, Peru, Portugal, Romania, Spain, Sweden and
Switzerland. Brazil, Canada, Cyprus, Iceland, Nicaragua, Panama, Slovenia, South Africa and
Venezuela subsequently joined the sponsors.
486. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications51 of the draft resolution.
487. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/51.
50 Ibid.
51 Ibid.

Protection of indigenous peoples in time of conflict
488. At the same meeting, the Commission considered the draft resolution recommended by
the Sub-Commission on the Promotion and Protection of Human Rights for adoption by the
Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48, chap. I, sect. A).
489. A statement in explanation of vote before the vote was made by the representative of the
United Kingdom of Great Britain and Northern Ireland.
490. At the request of the representative of the United Kingdom of Great Britain and
Northern Ireland, a recorded vote was taken on the draft resolution, which was adopted
by 35 votes to 13, with 4 abstentions (see chap. II, sect. A).
491. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/52.
Final report on the study on indigenous peoples permanent sovereignty over natural
resources
492. Also at the 58th meeting, the Commission considered draft decision 4 that had been
recommended by the Sub-Commission on the Promotion and Protection of Human Rights for
adoption by the Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48, chap. I, sect. B).
493. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications52 of the draft decision.
494. Statements in explanation of vote before the vote were made by the representatives of
Australia, Cuba and Pakistan.
495. At the request of the representative of Australia, a recorded vote was taken on the draft
decision, which was adopted by 38 votes to 2, with 12 abstentions. The voting was as follows:
In favour: Argentina, Bhutan, Brazil, Burkina Faso, Canada, China, Congo,
Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia,
Gabon, Guatemala, Guinea, Honduras, India, Indonesia, Kenya, Malaysia,
Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar,
Romania, Russian Federation, Saudi Arabia, South Africa, Sri Lanka,
Sudan, Swaziland, Zimbabwe.
Against: Australia, United States of America.
Abstaining: Armenia, Finland, France, Germany, Hungary, Ireland, Italy, Japan,
Netherlands, Republic of Korea, Ukraine, United Kingdom of
Great Britain and Northern Ireland.
496. For the text of the decision as adopted, see chapter II, section B, decision 2005/110.
52 Ibid.

XVI. Report of the Sub-Commission on the Promotion
and Protection of Human Rights:
(a) Report and draft decisions;
(b) Election of members
497. The Commission considered agenda item 16 at its 44th meeting, on 12 April 2005, at
its 51st meeting, on 15 April, and at its 58th meeting, on 20 April.53
498. For the documents issued under agenda item 16, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
499. In the general debate on agenda item 16, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
500. At the 44th meeting, on 12 April 2005, Mr. Soli Jehangir Sorabjee, Chairperson of the
fifty-sixth session of the Sub-Commission on the Promotion and Protection of Human Rights,
introduced his report (E/CN.4/2005/90).
(a) Report and draft decisions
The work of the Sub-Commission on the Promotion and Protection of Human Rights
501. At the 58th meeting, on 20 April 2005, the representative of Cuba introduced draft
resolution E/CN.4/2005/L.7, sponsored by Cuba, which he subsequently withdrew. The draft
resolution read as follows:
The work of the Sub-Commission on the Promotion and Protection of Human Rights
The Commission on Human Rights,
Recalling its previous relevant resolutions, in particular 2004/60 of 20 April 2004 and the resolutions
identified therein, as well as the terms of reference of the Sub-Commission on the Promotion and Protection of
Human Rights (formerly the Sub-Commission on the Prevention of Discrimination and Protection of Minorities) as
set out in the relevant resolutions of the Commission on Human Rights, the Economic and Social Council and the
General Assembly,
Recalling also the report of the Intersessional open-ended working group on enhancing the effectiveness
of the mechanisms of the Commission on Human Rights (E/CN.4/2000/112), and reaffirming Commission
decision 2000/109 of 26 April 2000,
Recalling further the rules of procedure of the functional commissions of the Economic and Social Council
and other decisions and practices relating thereto, and Sub-Commission decision 1999/114 of 26 August 1999 by
which the Sub-Commission adopted guidelines for the application of the rules,
Bearing in mind the final working paper on the methods of work of the Sub-Commission
(E/CN.4/Sub.2/1999/2),
53 See footnote 1 above (chap. III, para. 1).

Taking note of:
(a) The report of the Sub-Commission on its fifty-sixth session
(E/CN.4/2005/2-E/CN.4/Sub.2/2004/48);
(b) The report of the Chairperson of the fifty-sixth session of the Sub-Commission (E/CN.4/2005/90);
1. Reaffirms its recognition of the valuable contribution made by the Sub-Commission, as a
subsidiary body of the Commission, to the human rights work of the United Nations over the past 58 years;
2. Recognizes in particular the important contribution of the Sub-Commission and its thematic
mechanisms to the development of a better understanding of human rights through the study of important issues, the
elaboration of international human rights standards and the promotion and protection of human rights throughout the
world, as well as the valuable contribution that Governments, intergovernmental organizations and
non-governmental organizations have made to the success of the Sub-Commission;
3. Decides that the Sub-Commission can best assist the Commission by providing it with:
(a) Independent expert studies and working papers solely carried out by its members or alternates
during their mandate, notwithstanding the completion of currently existing mandates;
(b) Recommendations based on, and after full consideration of, these studies;
(c) Studies, research and expert advice at the request of the Commission, including proposals
confirmed by the Commission which have been suggested by treaty bodies or other United Nations human rights
bodies;
4. Welcomes the actions taken by the Sub-Commission at its fifty-sixth session to respond to
recommendations by the Commission for the initiation of working papers and new studies;
5. Also welcomes the attention given by the Sub-Commission to economic, social and cultural rights,
as well as its continued attention to civil and political rights;
6. Further welcomes the improved working methods of the Sub-Commission at its last four sessions
at which it:
(a) Reformed, improved and streamlined its agenda to seven items;
(b) Held a closed joint meeting with the Expanded Bureau of the previous session of the Commission;
(c) Drafted many of its resolutions in closed session rather than attempting to do so in public sessions;
7. Recalls the report submitted by the Office of the High Commissioner pursuant to the request of the
Commission in its resolution 2002/66 of 25 April 2002 on possible ways and means of addressing the issues raised
by the Sub-Commission and of improving the Commissions action on proposals of the Sub-Commission
(E/CN.4/2003/95) and of discussions in which the Bureau of the Commission studied further those proposals, and
decides to continue consideration of possible ways and means of improving, as soon as possible, the Commissions
prompt action on proposals of the Sub-Commission;
8. Reiterates and reaffirms:
(a) Its decision that the Sub-Commission should not adopt country-specific resolutions, decisions or
Chairpersons statements and, in negotiating and adopting thematic resolutions or decisions, should refrain from
including references to specific countries;
(b) That the Sub-Commission should continue to be able to debate country situations not being dealt
with in the Commission, as well as urgent matters involving serious violations of human rights in any country, and
that its discussions would be reflected in the summary records of its debates, which should continue to be forwarded
to the Commission;

(c) That the Sub-Commission should seek the Commissions approval prior to embarking on any new
activity, with the exception of the preparation of studies and research;
(d) That the role of the Sub-Commission is that of a think tank, as confirmed by the Commission in
decision 2000/109, and therefore should not attribute to itself monitoring functions, while reaffirming the content of
paragraph 52 of the annex to its decision 2000/109;
9. Recommends that the Sub-Commission continue at its future sessions the successful innovations of
the fifty-third session, which were confirmed at the fifty-fourth, fifty-fifth and fifty-sixth sessions, in particular by:
(a) Having annual closed meetings with the Expanded Bureau of the sixtieth and subsequent sessions
of the Commission, so as to exchange views aimed at improving cooperation between the two organs;
(b) Maintaining a streamlined agenda;
(c) Holding its discussions of its working rules, procedures and timetable in closed meeting;
(d) Drafting as many of its resolutions as possible in closed session, in view of the limited time
available;
(e) Using the question and answer format and some expert panel discussions;
10. Also recommends that the Sub-Commission further improve its methods of work by:
(a) Focusing on its primary role as an advisory body to the Commission, specifically when its advice
is requested by the Commission;
(b) Giving particular attention to the selection of studies specifically recommended by the
Commission or proposals confirmed by the Commission which have been suggested by treaty bodies or other
United Nations human rights bodies, at the same time focusing on how and when the implementation of existing
standards can be improved;
(c) Respecting strictly the highest standards of impartiality and expertise and avoiding acts which
would affect confidence in the independence of its members, in particular in situations where they could have a
conflict of interest;
(d) Facilitating efficient and effective participation of non-governmental organizations;
(e) Giving full consideration to studies and working papers by special rapporteurs and its members
before sending them to the Commission;
(f) Taking further steps to accomplish its work within a three-week session, while making efforts to
avoid the scheduling of working groups and plenary sessions concurrently with each other;
(g) Making proposals to the Commission on how it might assist the Sub-Commission in improving its
work, and vice versa;
(h) Focusing strictly on questions relating to human rights in accordance with its mandate;
(i) Avoiding duplication of its work with that being carried out by other competent bodies and
mechanisms;
(j) Taking fully into account legal opinions addressed to the Sub-Commission by the Legal Counsel
of the United Nations;
11. Requests States when nominating and electing members and alternates to the Sub-Commission:
(a) To be conscious of the strong concern to ensure that the body is independent and is seen to be so;
(b) To keep in mind the need to ensure universality, a balanced representation, as well as the benefits
of continuity and the importance of renewal;

(c) To select members with acknowledged expertise in human rights;
(d) To submit nominations, if possible, at least two months prior to the beginning of the session at
which they will be elected, so as to enable the members of the Commission thoroughly to assess the qualifications
and the independence of the nominees;
(e) To keep in mind that they should be impartial and independent and without a conflict of interest;
12. Invites the Secretary-General to give support to the Sub-Commission, inter alia by making
available documentation in good time before each session in the official languages of the United Nations and
assisting the Sub-Commission in requests for information from Governments and intergovernmental and
non-governmental organizations, and reiterates that such requests, like all requests for concrete measures, must first
have been approved by the Commission;
13. Recommends that the Chairperson of the Sub-Commission or his/her representative attend the
meeting of special rapporteurs/representatives, experts and chairpersons of working groups of the special procedures
of the Commission and the meeting of chairpersons of treaty bodies, so as to facilitate coordination between the
Sub-Commission and other relevant bodies and procedures of the United Nations, in accordance with their
respective mandates;
14. Invites the Chairperson of the sixty-first session of the Commission to address the
Sub-Commission at the opening meeting of its fifty-seventh session and to inform it about the present resolution and
the debate that took place on this subject at the sixty-first session of the Commission under agenda item 16;
15. Invites the Chairperson of the fifty-seventh session of the Sub-Commission to report to the
Commission at its sixty-second session, including an assessment of how recent enhancements of the effectiveness of
the Sub-Commission and of its mechanisms have worked in practice;
16. Decides to consider the issue of the work of the Sub-Commission at its sixty-second session under
the relevant agenda item.
502. Also at the 58th meeting, the observer for Latvia introduced draft resolution
E/CN.4/2005/L.57, sponsored by Armenia, Australia, Belgium, Bulgaria, Croatia, Finland,
Germany, Ireland, Latvia, San Marino, Slovakia, Sweden, Switzerland and Ukraine. Albania,
Andorra, Austria, Canada, Chile, Cyprus, the Czech Republic, Denmark, Estonia, France,
Greece, Guatemala, The former Yugoslav Republic of Macedonia, Hungary, Iceland, India,
Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands,
New Zealand, Nicaragua, Nigeria, Norway, Poland, Portugal, Romania, the Russian Federation,
Serbia and Montenegro, Slovenia, Spain and the United Kingdom of Great Britain and
Northern Ireland subsequently joined the sponsors.
503. Statements in connection with the draft resolution were made by the representatives of
Argentina, Cuba and the United States of America.
504. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications54 of the draft resolution.
505. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/53.
54 See footnote 2 above (chap. III, para. 31).

XVII. Promotion and protection of human rights:
(a) Status of the International Covenants
on Human Rights;
(b) Human rights defenders;
(c) Information and education;
(d) Science and the environment
506. The Commission considered agenda item 17 at its 48th meeting, on 13 April 2005, at
its 51st and 52nd meetings, on 15 April, at its 53rd and 54th meetings, on 18 April, at its 58th
and 59th meetings, on 20 April, and at its 60th meeting, on 21 April.55
507. For the documents issued under agenda item 17, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, seethe beginning of the present report.
508. At the 48th meeting, on 13 April 2005, Ms. Hina Jilani, Special Representative of the
Secretary-General on the situation of human rights defenders, introduced her report
(E/CN.4/2005/101 and Add.1-3 and Add.3/Corr.1). The observers for Angola and Turkey
made statements, as concerned countries, on the report.
509. At the same meeting:
(a) Mr. Robert K. Goldman, independent expert to assist the United Nations
High Commissioner for Human Rights in examining the question of the protection of human
rights and fundamental freedoms while countering terrorism, introduced his report
(E/CN.4/2005/103);
(b) Ms. Diane Orentlicher, independent expert appointed to update the Set of
Principles for the protection and promotion of human rights through action to combat impunity,
introduced her report (E/CN.4/2005/102 and Add.1).
510. In the general debate on agenda item 17, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Human rights and human responsibilities
511. At the 58th meeting, on 20 April 2005, the representative of China introduced draft
decision E/CN.4/2005/L.67, sponsored by China (on behalf of the like-minded group). Ethiopia,
Nicaragua, Nigeria, the Russian Federation, Saudi Arabia and Swaziland subsequently joined the
sponsors.
512. A statement in connection with the draft decision was made by the representative of
Cuba.
55 See footnote 1 above (chap. III, para. 1)

513. A statement in explanation of vote before the vote was made by the representative of the
Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of
Great Britain and Northern Ireland; the acceding country that is a member of the Commission -
Romania - aligned itself with the statement).
514. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland - as well
as the acceding country that is a member of the Commission - Romania), a recorded vote was
taken on the draft decision, which was adopted by 26 votes to 25, with 1 abstention. The voting
was as follows:
In favour: Bhutan, Burkina Faso, China, Congo, Cuba, Ecuador, Egypt, Ethiopia,
Gabon, Guinea, India, Indonesia, Kenya, Malaysia, Mauritania, Nepal,
Nigeria, Pakistan, Russian Federation, Saudi Arabia, South Africa,
Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Against: Argentina, Armenia, Australia, Brazil, Canada, Costa Rica,
Dominican Republic, Finland, France, Germany, Guatemala, Honduras,
Hungary, Ireland, Italy, Japan, Mexico, Netherlands, Paraguay, Peru,
Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain
and Northern Ireland, United States of America.
Abstaining: Eritrea.
515. For the text of the decision as adopted, see chapter II, section B, decision 2005/111.
Enhancement of international cooperation in the field of human rights
516. Also at the 58th meeting, the representative of Malaysia (on behalf of the States Members
of the United Nations that are members of the Non-Aligned Movement and China) introduced
draft resolution E/CN.4/2005/L.69, sponsored by China and Malaysia (on behalf of the
States Members of the United Nations that are members of the Non-Aligned Movement).
Colombia, Madagascar, Nicaragua and the Russian Federation subsequently joined the sponsors.
517. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/54.
Human rights and international solidarity
518. At the same meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.71, sponsored by Algeria, Angola, Burundi, China, Congo, Côte dIvoire, Cuba,
Democratic Peoples Republic of Korea, Democratic Republic of the Congo, Ecuador, Eritrea,
Guinea, the Islamic Republic of Iran, Kenya, Lebanon, the Libyan Arab Jamahiriya, Rwanda,
Swaziland, the Syrian Arab Republic, Togo, Tunisia, the United Republic of Tanzania, Viet Nam
and Zimbabwe. Cameroon, Ethiopia, Madagascar, Malaysia, Mozambique and Senegal
subsequently joined the sponsors.

519. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications56 of the draft resolution.
520. Statements in explanation of vote before the vote were made by the representatives of
Canada and the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member of
the Commission - Romania - aligned itself with the statement).
521. At the request of the representative of Canada, a recorded vote was taken on the draft
resolution, which was adopted by 37 votes to 15, with 1 abstention (see chap. II, sect. A).
522. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/55.
Promotion of peace as a vital requirement for the full enjoyment of all human rights by all
523. At the 58th meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.72, sponsored by Algeria, Belarus, Botswana, Cameroon, China, Congo,
Cuba, Democratic Republic of the Congo, Democratic Peoples Republic of Korea, Eritrea,
the Islamic Republic of Iran, Kenya, the Libyan Arab Jamahiriya, Malaysia, Mozambique, Qatar,
Swaziland, Syrian Arab Republic, Togo, Viet Nam and Zimbabwe. Angola, Burundi, Lebanon,
South Africa, Sudan, Tunisia and Uganda subsequently joined the sponsors.
524. Statements in explanation of vote before the vote were made by the representatives of the
Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of
Great Britain and Northern Ireland; the acceding country that is a member of the Commission -
Romania - aligned itself with the statement) and the United States of America.
525. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution, which was adopted by 32 votes to 15, with 6 abstentions
(see chap. II, sect. A).
526. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/56.
Promotion of a democratic and equitable international order
527. At the same meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.73, sponsored by Algeria, Bangladesh, Botswana, Burundi, China, Congo, Cuba,
Democratic Peoples Republic of Korea, Democratic Republic of the Congo, Eritrea, Guinea,
the Islamic Republic of Iran, Kenya, the Libyan Arab Jamahiriya, Nigeria, Pakistan, Qatar,
Rwanda, Sudan, Swaziland, Syrian Arab Republic, Togo, United Republic of Tanzania,
Viet Nam and Zimbabwe. Cameroon, Egypt and South Africa subsequently joined the sponsors.
56 See footnote 2 above (chap. III, para. 31).

528. A statement in explanation of vote before the vote was made by the representative of the
Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of
Great Britain and Northern Ireland; the acceding country that is a member of the Commission -
Romania - aligned itself with the statement).
529. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland - as well
as the acceding country that is a member of the Commission - Romania), a recorded vote was
taken on the draft resolution, which was adopted by 32 votes to 15, with 6 abstentions
(see chap. II, sect. A).
530. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/57.
The development of public information activities in the field of human rights, including
the World Public Information Campaign on Human Rights
531. Also at the 58th meeting, the representative of Italy introduced draft resolution
E/CN.4/2005/L.74, sponsored by Albania, Australia, Austria, Bulgaria, Canada, Congo,
Costa Rica, Croatia, Cyprus, Denmark, Germany, Greece, Honduras, Ireland, Israel, Italy,
Japan, Latvia, Liechtenstein, Luxembourg, Malta, Nigeria, Peru, Poland, Portugal,
Republic of Moldova, Romania, San Marino, Slovenia, Spain, Switzerland, Thailand,
Timor-Leste and Venezuela. Chile, Iceland, Nicaragua, Paraguay, Senegal, Serbia and
Montenegro and South Africa subsequently joined the sponsors.
532. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications57 of the draft resolution.
533. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/58.
The question of the death penalty
534. At the same meeting, the observer for Luxembourg (on behalf of the European Union)
introduced draft resolution E/CN.4/2005/L.77, sponsored by Albania, Andorra, Argentina,
Armenia, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Canada,
Chile, Colombia, Costa Rica, Côte dIvoire, Croatia, Cyprus, Czech Republic, Denmark,
Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece,
Honduras, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Mauritius, Mexico, Monaco, the Netherlands, New Zealand, Norway, Paraguay, Poland,
Portugal, Republic of Moldova, Romania, San Marino, Serbia and Montenegro, Slovakia,
57 Ibid.

Slovenia, South Africa, Spain, Sweden, Switzerland, The former Yugoslav Republic of
Macedonia, Timor-Leste, Turkey, Turkmenistan, Ukraine, the United Kingdom of Great Britain
and Northern Ireland, Uruguay and Venezuela. Angola, Azerbaijan, Brazil, Cape Verde,
Djibouti, Georgia, Guinea-Bissau, Kiribati, Marshall Islands, Nicaragua, Panama, Peru,
the Russian Federation, Sao Tome and Principe, Seychelles and Solomon Islands subsequently
joined the sponsors.
535. Statements in connection with the draft resolution were made by the representatives of
India, Kenya, the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland; the acceding country that is a member of
the Commission - Romania - aligned itself with the statement), Nigeria, Saudi Arabia (also on
behalf of China, Egypt, Eritrea, Ethiopia, Guinea, Indonesia, Japan, Malaysia, Mauritania,
Nigeria, Pakistan, Qatar, Sudan, Swaziland, Togo and Zimbabwe) and Sri Lanka.
536. The representative of Saudi Arabia (also on behalf of China, Egypt, Eritrea, Ethiopia,
Guinea, Indonesia, Japan, Malaysia, Mauritania, Nigeria, Pakistan, Qatar, Sudan, Swaziland,
Togo and Zimbabwe) stated that they dissociated themselves from the draft resolution.
537. The representative of India orally amended the draft resolution by deleting
paragraphs 5 (a), 7 (j) and 10.
538. At the request of the representative of India, a recorded vote was taken on the proposed
amendments to the draft resolution, which were rejected by 25 votes to 19, with 8 abstentions.
The voting was as follows:
In favour: China, Cuba, Egypt, Eritrea, Ethiopia, Guinea, India, Indonesia, Japan,
Malaysia, Mauritania, Pakistan, Qatar, Saudi Arabia, Sudan, Swaziland,
Togo, United States of America, Zimbabwe.
Against: Argentina, Armenia, Australia, Brazil, Canada, Costa Rica,
Dominican Republic, Ecuador, Finland, France, Germany, Honduras,
Hungary, Ireland, Italy, Mexico, Nepal, Netherlands, Paraguay, Peru,
Romania, Russian Federation, South Africa, Ukraine, United Kingdom
of Great Britain and Northern Ireland.
Abstaining: Bhutan, Burkina Faso, Congo, Gabon, Guatemala, Kenya,
Republic of Korea, Sri Lanka.
539. Statements in explanation of vote before the vote were made by the representatives of the
Sudan and the United States of America.
540. At the request of the representative of the United States of America, a recorded vote was
taken on the draft resolution, which was adopted by 26 votes to 17, with 10 abstentions
(see chap. II, sect. A).
541. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/59.

Human rights and the environment as part of sustainable development
542. At the 58th meeting, the representative of Costa Rica introduced draft resolution
E/CN.4/2005/L.79, sponsored by Congo, Costa Rica, Croatia, Dominican Republic, Ecuador,
Ethiopia, Guatemala, Honduras, Kenya, Morocco, Peru, Slovenia, South Africa, Switzerland and
Ukraine. Austria, Chile, France, Germany, Italy, Lithuania, Mexico, Nicaragua, Nigeria,
Panama, Paraguay and Uruguay subsequently joined the sponsors.
543. A statement in explanation of his countrys position was made by the representative of
Australia.
544. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/60.
World Programme for Human Rights Education
545. Also at the 58th meeting, the representative of Costa Rica introduced draft resolution
E/CN.4/2005/L.80, sponsored by Andorra, Argentina, Armenia, Australia, Austria,
Bangladesh, Bolivia, Canada, Chile, Congo, Costa Rica, Croatia, Czech Republic, Denmark,
Dominican Republic, Ecuador, El Salvador, Germany, Guatemala, Honduras, Israel, Italy, Japan,
Malta, Morocco, Nigeria, Paraguay, Peru, Portugal, Republic of Korea, Romania, San Marino,
Slovakia, Spain, Ukraine and Venezuela. Belarus, Belgium, Brazil, Burkina Faso, Ethiopia,
India, Mexico, Nicaragua, the Russian Federation, Slovenia and Uruguay subsequently joined
the sponsors.
546. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/61.
Convention on the Prevention and Punishment of the Crime of Genocide
547. At the same meeting, the representative of Armenia introduced draft resolution
E/CN.4/2005/L.81/Rev.1, sponsored by Argentina, Armenia, Austria, Belgium, Brazil, Burundi,
Congo, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kenya, Latvia, Lithuania,
Luxembourg, Malta, Mexico, Netherlands, Norway, Poland, Portugal, Rwanda, Serbia and
Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom
of Great Britain and Northern Ireland and Uruguay. Belarus, Bulgaria, Canada, Guatemala,
Iceland, Liechtenstein, Nicaragua, Panama, Paraguay, Peru, South Africa and the
United Republic of Tanzania subsequently joined the sponsors.
548. A statement in connection with the draft resolution was made by the representative of the
Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom
of Great Britain and Northern Ireland).

549. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications58 of the draft resolution.
550. A statement in explanation of her delegations position was made by the representative of
the United States of America.
551. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/62.
Protection of the human rights of civilians in armed conflicts
552. Also at the same meeting, the representative of Egypt introduced draft resolution
E/CN.4/2005/L.82 sponsored by the Congo, Cuba, Egypt, Guinea, Jordan, Kenya, Kuwait,
Lebanon, Malaysia, Mauritania, Mexico, Nepal, Nigeria, Oman, Pakistan, Qatar, Saudi Arabia,
South Africa, Switzerland and Tunisia. Argentina, Austria, Azerbaijan, Bahrain, Chile,
Costa Rica, Cyprus, Democratic Republic of the Congo, Dominican Republic, Ecuador, Eritrea,
Ethiopia, Finland, France, Gabon, Ghana, Greece, Iraq, Ireland, Libyan Arab Jamahiriya,
Liechtenstein, Mozambique, Nicaragua, Panama, Paraguay, Philippines, Portugal, Romania,
Russian Federation, Slovenia, Spain, Sudan, Swaziland, Sweden, Syrian Arab Republic, Togo,
United Arab Emirates, United Republic of Tanzania, Uruguay and Zimbabwe subsequently
joined the sponsors.
553. Statements in connection with the draft resolution were made by the representatives of
Costa Rica, Cuba, Pakistan and the Russian Federation.
554. Statements in explanation of vote before the vote were made by the representatives of
India and the United States of America.
555. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 51 votes to 1, with 1 abstention
(see chap. II, sect. A).
556. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/63.
Right to the truth
557. At the 59th meeting, on 20 April 2005, the representative of Argentina introduced draft
resolution E/CN.4/2005/L.84, sponsored by Argentina, Armenia, Austria, Azerbaijan, Belgium,
Bolivia, Brazil, Canada, Chile, Costa Rica, Cuba, the Dominican Republic, Ecuador, Finland,
France, Guatemala, Honduras, Ireland, Italy, Luxembourg, Mexico, Nigeria, Paraguay, Peru,
Portugal, the Republic of Korea, Romania, Slovenia, South Africa, Spain, Switzerland,
Timor-Leste and Uruguay. Bosnia and Herzegovina, Croatia, Cyprus, Denmark, Egypt,
Germany, Greece, Guinea, Haiti, Hungary, Israel, Malta, the Netherlands, Poland, Sweden and
Venezuela subsequently joined the sponsors.
58 Ibid.

558. A statement in connection with the draft resolution was made by the representative of the
United States of America.
559. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications59 of the draft resolution.
560. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/66.
Human rights defenders
561. At the same meeting, the observer for Norway introduced draft resolution
E/CN.4/2005/L.85, sponsored by Albania, Andorra, Argentina, Armenia, Australia, Austria,
Belgium, Brazil, Bulgaria, Cameroon, Canada, Chile, Croatia, Cyprus, Czech Republic,
Denmark, the Dominican Republic, Ecuador, Estonia, Finland, France, Germany, Greece,
Guatemala, Honduras, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Mauritius, Mexico, Monaco, Morocco, the Netherlands, New Zealand,
Nigeria, Norway, Poland, Portugal, the Republic of Korea, Republic of Moldova, Romania,
San Marino, Senegal, Serbia and Montenegro, Slovakia, Slovenia, South Africa, Spain,
Sri Lanka, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Tunisia, Turkey,
Ukraine and the United Kingdom of Great Britain and Northern Ireland. Azerbaijan, Costa Rica,
Japan, Madagascar, Nicaragua, Niger, Panama, Paraguay, Peru, Thailand, Timor-Leste and the
United States of America subsequently joined the sponsors.
562. A statement in connection with the draft resolution was made by the representative of the
Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of
Great Britain and Northern Ireland; the acceding country that is a member of the Commission -
Romania - aligned itself with the statement).
563. The representative of Cuba introduced an amendment (E/CN.4/2005/99) to the draft
resolution E/CN.4/2005/L.85 sponsored by Cuba. The amendment consisted of inserting after
the fifth preambular paragraph, a new paragraph that would read as follows:
Stressing that domestic law consistent with the Charter of the United Nations and other obligations of the
State in the field of human rights and fundamental freedoms is the juridical framework within which human rights
and fundamental freedoms should be implemented and enjoyed, as well as all activities referred to in article 3 of the
Declaration.
564. The representative of Cuba orally revised the proposed amendment, by inserting
international before obligations and by replacing the phrase at the end of the preambular
paragraph, after as well as, with the phrase all activities referred to in the Declaration for the
promotion, protection and effective realization of those rights and freedoms should be
conducted.
59 Ibid.

565. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland - as well
as the acceding country that is a member of the Commission - Romania), a recorded vote was
taken on the proposed amendment, as orally revised, to the draft resolution. The amendment was
rejected by 27 votes to 20, with 6 abstentions. The voting was as follows:
In favour: Bhutan, China, Congo, Cuba, Egypt, Eritrea, Ethiopia, India, Indonesia,
Kenya, Malaysia, Mauritania, Nepal, Pakistan, Qatar, Russian Federation,
Saudi Arabia, Sri Lanka, Sudan, Zimbabwe.
Against: Argentina, Armenia, Australia, Brazil, Canada, Costa Rica,
Dominican Republic, Ecuador, Finland, France, Germany, Guatemala,
Honduras, Hungary, Ireland, Italy, Japan, Mexico, Netherlands,
Paraguay, Peru, Republic of Korea, Romania, South Africa, Ukraine,
United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Burkina Faso, Gabon, Guinea, Nigeria, Swaziland, Togo.
566. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications60 of the draft resolution.
567. Statements in explanation of their delegations positions were made by the
representatives of Cuba and Indonesia.
568. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/67.
The role of good governance in the promotion and protection of human rights
569. Also at the 59th meeting, the representative of Australia introduced draft resolution
E/CN.4/2005/L.86, sponsored by Albania, Andorra, Argentina, Armenia, Australia, Austria,
Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Congo, Croatia, Cyprus,
Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Estonia, Finland,
France, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Iraq, Ireland, Israel, Italy,
Japan, Kenya, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Morocco, the Netherlands,
Nigeria, Norway, Paraguay, Peru, Poland, Portugal, Qatar, the Republic of Korea, Romania,
San Marino, Serbia and Montenegro, Slovakia, Slovenia, South Africa, Spain, Switzerland,
Thailand, Ukraine, the United Kingdom of Great Britain and Northern Ireland and
the United States of America. Latvia, Madagascar, the Marshall Islands, Mauritania, Nicaragua,
Philippines, Samoa, Solomon Islands, Sweden, The former Yugoslav Republic of Macedonia
and United Republic of Tanzania subsequently joined the sponsors.
60 Ibid.

570. Statements in connection with the draft resolution were made by the representatives of
Cuba and the Republic of Korea.
571. The representative of Cuba amended the draft resolution by deleting the phrase and the
Community of Democracies in the twelfth preambular paragraph.
572. A statement in connection with the proposed amendment was made by the representative
of Australia.
573. At the request of the representative of Australia, a recorded vote was taken on the
proposed amendment, which was rejected by 35 votes to 7, with 11 abstentions. The voting was
as follows:
In favour: China, Congo, Cuba, Guinea, Pakistan, Swaziland, Zimbabwe.
Against: Argentina, Armenia, Australia, Canada, Costa Rica, Dominican Republic,
Ecuador, Finland, France, Germany, Guatemala, Honduras, Hungary,
India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania,
Mexico, Nepal, Netherlands, Nigeria, Paraguay, Peru, Republic of Korea,
Romania, Russian Federation, South Africa, Sri Lanka, Ukraine,
United Kingdom of Great Britain and Northern Ireland, United States
of America.
Abstaining: Bhutan, Brazil, Burkina Faso, Egypt, Eritrea, Ethiopia, Gabon, Qatar,
Saudi Arabia, Sudan, Togo.
574. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications61 of the draft resolution.
575. A statement in explanation of his delegations position was made by the representative of
Cuba.
576. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/68.
Human rights and transnational corporations and other business enterprises
577. At the same meeting, the representative of Argentina (also on behalf of India, Nigeria, the
Russian Federation and the United Kingdom of Great Britain and Northern Ireland) introduced
draft resolution E/CN.4/2005/L.87, sponsored by Argentina, Austria, Belgium, Canada, Chile,
Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Ethiopia, Finland, France, Germany,
Greece, Guatemala, Hungary, India, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Mexico, the Netherlands, Nigeria, Norway, Poland, Portugal, Romania, the Russian Federation,
61 Ibid.

Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom of Great Britain and
Northern Ireland. Armenia, Bosnia and Herzegovina, Brazil, Costa Rica, Ecuador, Eritrea,
Iceland, Kenya, Liechtenstein, Mozambique, New Zealand, Panama, Peru, The former Yugoslav
Republic of Macedonia, Togo and Zambia subsequently joined the sponsors.
578. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications62 of the draft resolution.
579. Statements in explanation of vote before the vote were made by the representatives of
Mauritania, South Africa and the United States of America.
580. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, which was adopted by 49 votes to 3, with 1 abstention
(see chap. II, sect. A).
581. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/69.
Human rights and transitional justice
582. At the 59th meeting, the observer for Switzerland (also on behalf of the Congo, Peru,
Poland, and Timor-Leste) introduced draft resolution E/CN.4/2005/L.91, sponsored by
Afghanistan, Albania, Argentina, Austria, Belgium, Bolivia, Bulgaria, Chile, the Congo,
Costa Rica, the Czech Republic, Estonia, Finland, Hungary, Ireland, Liechtenstein, Lithuania,
Mexico, the Netherlands, New Zealand, Nigeria, Peru, Poland, Romania, San Marino,
Serbia and Montenegro, Slovakia, Slovenia, South Africa, Sweden, Switzerland, Timor-Leste,
Turkey and the United Kingdom of Great Britain and Northern Ireland. Australia, Canada,
Croatia, Denmark, Ecuador, Guatemala, Iceland, Italy, Malta, Nicaragua, Norway, Portugal,
The former Yugoslav Republic of Macedonia and the United States of America subsequently
joined the sponsors.
583. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications63 of the draft resolution.
584. An explanation of his delegations position was made by the representative of Indonesia.
585. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/70.
Protection of human rights and fundamental freedoms while countering terrorism
586. At the 60th meeting, on 21 April 2005, the representative of Mexico introduced draft
resolution E/CN.4/2005/L.88, sponsored by Argentina, Armenia, Austria, Belgium, Bolivia,
Bosnia and Herzegovina, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic,
62 Ibid.
63 Ibid.

Denmark, the Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Germany,
Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Paraguay, Poland,
Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine and the
United Kingdom of Great Britain and Northern Ireland. Albania, Brazil, Congo, Côte dIvoire,
the Democratic Republic of the Congo, Egypt, Honduras, Israel, Madagascar, Monaco, Nigeria,
Panama, the Russian Federation, Serbia and Montenegro, South Africa, Swaziland, Togo, the
United Republic of Tanzania, the United States of America, Uruguay and Venezuela
subsequently joined the sponsors.
587. The representative of Mexico orally revised the draft resolution by modifying the third
and fourth preambular paragraphs, by inserting a new preambular paragraph after the
sixth preambular paragraph as well as by inserting a new paragraph after paragraph 4; by
modifying paragraphs 6, 7, 13 and 14; by replacing paragraph 15 with a new text and deleting
paragraph 16; and by renumbering the relevant paragraphs accordingly.
588. Statements in connection with the draft resolution were made by the representatives of
India, Indonesia, Kenya, the Russian Federation and the United States of America.
589. The representative of the Russian Federation proposed amendments (E/CN.4/2005/89) to
draft resolution E/CN.4/2005/L.88 sponsored by the Russian Federation, which was
subsequently withdrawn. The amendments consisted of the following:
(a) After the first preambular paragraph, insert a new preambular paragraph to read as
follows:
Emphasizing the need to intensify the fight against terrorism at the national level, to enhance effective
international cooperation in combating terrorism in conformity with international law, including relevant States
obligations under international human rights and international humanitarian law, and to strengthen the role of the
United Nations in this respect;
(b) Insert a new preambular paragraph after the eighth preambular paragraph, to read
as follows:
Emphasizing that States should deny safe haven to those who finance, plan, support or commit terrorist acts
or provide safe havens;
(c) Insert a new paragraph after paragraph 1, to read as follows:
Stresses that every person regardless of nationality, race, sex, religion or any other distinction, has a right to
protection from terrorism and terrorist acts,
(d) Insert two new paragraphs after paragraph 3, to read as follows:
Urges all States to deny safe haven to terrorists,
Calls upon States to take appropriate measures, in conformity with relevant provisions of national and
international law, including international human rights standards, before granting refugee status, for the purpose of
ensuring that an asylum-seeker has not planned, facilitated or participated in the commission of terrorist acts,
including assassinations, and to ensure, in conformity with international law, that refugee status is not abused by the
perpetrators, organizers or facilitators of terrorist acts and that claims of political motivation are not recognized as
grounds for refusing requests for the extradition of alleged terrorists;

(e) Insert a new paragraph after paragraph 4, to read as follows:
Urges States and encourages the Office of the United Nations High Commissioner for Refugees to review,
with full respect for legal safeguards, the validity of a refugee status decision in an individual case if credible and
relevant evidence comes to light indicating that the person in question has planned, facilitated or participated in the
commission of terrorist acts,
(f) Insert a new paragraph after paragraph 6, to read as follows:
Takes note of the work of the Sub-Commission on the Promotion and Protection of Human Rights on the
issue of terrorism and the final report of the Special Rapporteur on terrorism and human rights
(E/CN.4/Sub.2/2004/40),
(g) After paragraph 13, insert a new paragraph, to read as follows:
Requests the Office of the United Nations High Commissioner for Human Rights as well as the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism,
in the course of the examination of the question and in the conduct of any study on terrorism and in their activities
relating to the issue of terrorism, to adopt a comprehensive approach, in particular, by giving full and equal attention
to the issues raised in the present resolution, including with relation to the grave impact of terrorism on the
enjoyment of human rights of individuals.
590. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications64 of the draft resolution.
591. A statement in explanation of his delegations position was made by the representative of
China.
592. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/80.
Impunity
593. Also at the 60th meeting, the representative of Canada introduced draft resolution
E/CN.4/2005/L.93, sponsored by Albania, Andorra, Argentina, Armenia, Australia, Austria,
Belgium, Bosnia and Herzegovina, Canada, Croatia, the Czech Republic, Denmark, Estonia,
Finland, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Italy,
Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Peru,
Poland, the Republic of Korea, Romania, Slovakia, Slovenia, South Africa, Spain, Sweden,
Switzerland and the United Kingdom of Great Britain and Northern Ireland. Bulgaria, Chile,
the Congo, Costa Rica, Cyprus, Ecuador, France, Kenya, Latvia, Lithuania, Madagascar,
Nicaragua, Paraguay, Portugal, Serbia and Montenegro, Sierra Leone, The former
Yugoslav Republic of Macedonia and the United Republic of Tanzania subsequently joined
the sponsors.
64 Ibid.

594. Statements in connection with the draft resolution were made by the representatives of
the Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of
Great Britain and Northern Ireland; the acceding country that is a member of the Commission -
Romania - aligned itself with the statement) and the United States of America.
595. The representative of the United States of America amended the draft resolution as
follows:
(a) He replaced the eighth preambular paragraph with the following text:
Noting the first referrals by States and the Security Council of situations to the International Criminal Court
and the ongoing investigations by the Prosecutor;
(b) He replaced the last preambular paragraph with the following text:
Welcoming appropriate cooperation between international criminal tribunals, including sharing lessons
learned and devising effective approaches to meet challenges faced, to advance the common goal of strengthening
the international legal system in situations where national systems are unable or unwilling to take action;
(c) He replaced paragraph 9 with the following text:
Recognizes the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002,
including that to date 98 States have ratified or acceded to the Rome Statute;
(d) He replaced paragraph 10 with the following text:
Recognizes the fundamental importance of the principle of complementarity.
596. A statement in connection with the proposed amendment was made by the representative
of the Netherlands (on behalf of the States members of the European Union that are members of
the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom
of Great Britain and Northern Ireland; the acceding country that is a member of the
Commission - Romania - aligned itself with the statement).
597. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland - as well
as the acceding country that is a member of the Commission - Romania), a recorded vote was
taken on the proposed amendments, which were rejected by 36 votes to 1, with 15 abstentions.
The voting was as follows:
In favour: United States of America.
Against: Argentina, Armenia, Australia, Brazil, Canada, Congo, Costa Rica,
Dominican Republic, Ecuador, Eritrea, Ethiopia, Finland, France,
Germany, Guatemala, Guinea, Honduras, Hungary, Ireland, Italy, Japan,
Kenya, Mexico, Netherlands, Nigeria, Paraguay, Peru, Republic of Korea,
Romania, Russian Federation, South Africa, Sudan, Swaziland, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Zimbabwe.

Abstaining: Bhutan, Burkina Faso, China, Egypt, Gabon, India, Indonesia, Malaysia,
Mauritania, Nepal, Pakistan, Qatar, Saudi Arabia, Sri Lanka, Togo.
598. A statement in explanation of his delegations position was made by the representative of
the United States of America.
599. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/81.
The legal implications of disappearance of States and other territories for environmental
reasons, including the implications for the human rights of their residents, with particular
reference to the rights of indigenous peoples
600. At the 59th meeting the Commission considered draft decision 5 recommended by the
Sub-Commission on the Promotion and Protection of Human Rights for adoption by the
Commission (see E/CN.4/2005/2-E/CN.4/Sub.2/2004/48, chap. I, sect. B).
601. Statements in connection with the draft decision were made by the representatives of
Australia and the United States of America.
602. At the request of the representative of the United States of America, a recorded vote was
taken on the draft decision, which was adopted by 51 votes to 2. The voting was as follows:
In favour: Argentina, Armenia, Bhutan, Brazil, Burkina Faso, Canada, China,
Congo, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea,
Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea,
Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya,
Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria, Pakistan,
Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Zimbabwe.
Against: Australia, United States of America.
Abstaining: None.
603. For the text of the decision as adopted, see chapter II, section B, decision 2005/112.

XVIII. Effective functioning of human rights mechanisms:
(a) Treaty bodies;
(b) National institutions and regional arrangements;
(c) Adaptation and strengthening of the
United Nations machinery for human rights
604. The Commission considered agenda item 18, at its 46th to 48th meetings,
on 13 April 2005, at its 54th meeting, on 18 April, and at its 59th meeting, on 20 April.65
605. For the documents issued under agenda item 18, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
606. At the 48th meeting, on 13 April 2005, Mr. Prasad Kariyawasam, Chairperson of the
Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families, made a statement.
607. In the general debate on agenda item 18, statements were made by members of the
Commission, observers and representatives of national institutions and of non-governmental
organizations. For a detailed list of speakers, see annex II to the present report.
Regional cooperation for the promotion and protection of human rights in the
Asian and Pacific region
608. At the 59th meeting, on 20 April 2005, the representative of China introduced draft
resolution E/CN.4/2005/L.68, sponsored by China. Bhutan, India, Indonesia, the Islamic
Republic of Iran, Japan, New Zealand, Nicaragua, the Philippines, Qatar, the Republic of Korea,
Saudi Arabia, Sri Lanka, Thailand and Yemen subsequently joined the sponsors.
609. The representative of China orally revised the draft resolution by inserting a new
paragraph after the second preambular paragraph, by inserting a new paragraph after paragraph 3
and renumbering the subsequent paragraphs accordingly.
610. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/71.
Composition of the staff of the Office of the United Nations High Commissioner for
Human Rights
611. At the same meeting, the representative of Cuba introduced draft resolution
E/CN.4/2005/L.70, sponsored by Bangladesh, Belarus, Bhutan, Burundi, Cameroon, China,
the Congo, Côte dIvoire, Cuba, the Democratic Republic of the Congo, the Dominican
Republic, Ecuador, El Salvador, Eritrea, Ethiopia, Gabon, Guinea, Honduras, Indonesia,
Islamic Republic of Iran, Kenya, the Libyan Arab Jamahiriya, Malaysia, Mauritania, Myanmar,
Nepal, Nigeria, Oman, Pakistan, the Republic of Korea, Saudi Arabia, Senegal, South Africa,
65 See footnote 1 above (chap. III, para. 1).

Sri Lanka, Sudan, Swaziland, the Syrian Arab Republic, Togo, Tunisia, the United Republic
of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia and Zimbabwe. Algeria, Angola,
Azerbaijan, Botswana, Cambodia, Colombia, the Democratic Peoples Republic of Korea,
Egypt, India, Jordan, Kazakhstan, Morocco, Mozambique, Nicaragua and the United Arab
Emirates subsequently joined the sponsors.
612. Statements in connection with the draft resolution were made by the representatives of
China and India.
613. A statement in connection with the draft resolution was made by the United Nations
High Commissioner for Human Rights.
614. Statements in explanation of vote before the vote were made by the representatives of
the Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of
Great Britain and Northern Ireland; the acceding country that is a member of the Commission -
Romania - aligned itself with the statement) and the Russian Federation.
615. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland - as well
as the acceding country that is a member of the Commission - Romania), a recorded vote was
taken on the draft resolution, which was adopted by 36 votes to 15, with 2 abstentions
(see chap. II, sect. A).
616. For the text of the resolution as adopted, see chapter II, section A, resolution 2005/72.
Regional arrangements for the promotion and protection of human rights
617. Also at the 59th meeting, the observer for Belgium introduced draft resolution
E/CN.4/2005/L.76, sponsored by Argentina, Armenia, Austria, Belgium, Bulgaria, Congo,
Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Ethiopia, Finland, France, Germany,
Greece, Honduras, Hungary, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta,
Morocco, the Netherlands, Nigeria, Poland, Portugal, Qatar, Romania, Slovakia, Slovenia, Spain,
Sweden, Switzerland, Thailand and the United Kingdom of Great Britain and Northern Ireland.
Albania, Australia, Bosnia and Herzegovina, Cameroon, Canada, Chile, Costa Rica, Gabon,
Guatemala, Iceland, Liechtenstein, Monaco, New Zealand, Nicaragua, Paraguay, Peru,
the Philippines, the Republic of Korea, the Republic of Moldova, Serbia and Montenegro,
South Africa, Ukraine and the United States of America subsequently joined the sponsors.
618. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications66 of the draft resolution.
619. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/73.
66 See footnote 2 above (chap. III, para. 31).

National institutions for the promotion and protection of human rights
620. At the same meeting, the representative of Australia introduced draft resolution
E/CN.4/2005/L.92/Rev.1, sponsored by Afghanistan, Albania, Algeria, Argentina, Armenia,
Australia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Congo, Croatia,
Cyprus, Denmark, the Dominican Republic, Ecuador, Estonia, Finland, France, Germany,
Greece, Guatemala, Honduras, Hungary, Indonesia, Iraq, Ireland, Israel, Italy, Japan, Kenya,
Latvia, Lithuania, Luxembourg, Mexico, Morocco, Nepal, New Zealand, Nigeria, Norway,
Paraguay, Peru, Poland, the Republic of Korea, Romania, Serbia and Montenegro, Slovakia,
Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Turkey, Ukraine,
the United Kingdom of Great Britain and Northern Ireland, the United States of America
and Venezuela. Costa Rica, Egypt, Iceland, Nicaragua, Senegal and the United Republic of
Tanzania subsequently joined the sponsors.
621. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications67 of the draft resolution.
622. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/74.
67 Ibid.

XIX. Advisory services and technical cooperation
in the field of human rights
623. The Commission considered agenda item 19 at its 52nd meeting, on 15 April 2005, at
its 53rd meeting, on 18 April, at its 55th and 56th meetings, on 19 April, at its 59th meeting,
on 20 April, and at its 60th and 61st meetings, on 21 April.68
624. For the documents issued under agenda item 19, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
625. At the 52nd meeting, on 15 April 2005, Mr. Thomas Hammarberg, Chairperson of the
Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field
of Human Rights, made a statement.
626. At the same meeting, Mr. Louis Joinet, independent expert appointed by the
Secretary-General on the situation of human rights in Haiti, introduced his report
(E/CN.4/2005/123). The observer for Haiti made a statement, as representative of a concerned
country, on the report.
627. Also at the 52nd meeting, Mr. M. Cherif Bassiouni, independent expert on the situation
of human rights in Afghanistan, introduced his report (E/CN.4/2005/122). The observer for
Afghanistan made a statement, as representative of a concerned country, on the report.
628. At the same meeting, Mr. Ghanim Alnajjar, independent expert appointed by the
Secretary-General on the situation of human rights in Somalia, introduced his report
(E/CN.4/2005/117). The observer for Somalia made a statement, as representative of a
concerned country, on the report.
629. At the 53rd meeting, on 18 April 2005, Mr. Akich Okola, independent expert on the
situation of human rights in Burundi, introduced his report (E/CN.4/2005/118). The observer for
Burundi made a statement, as representative of a concerned country, on the report.
630. At the 55th meeting, on 19 April 2005, Ms. Mónica Pinto, independent expert on the
situation of human rights in Chad, introduced her report (E/CN.4/2005/121). During the ensuing
interactive dialogue, the observer for Chad made a statement, as representative of a concerned
country, on the report. The representative of Argentina as well as the observer for Luxembourg
(on behalf of the European Union) addressed questions to the independent expert, to which she
responded.
631. At the same meeting, Mr. Titinga Frédéric Pacéré, independent expert on the
situation of human rights in the Democratic Republic of the Congo, introduced his report
(E/CN.4/2005/120). During the ensuing interactive dialogue, the observer for the
Democratic Republic of the Congo made a statement, as representative of a concerned country,
on the report. The representative of Canada as well as the observer for Luxembourg (on behalf
of the European Union) addressed questions to the independent expert, to which he responded.
68 See footnote I above (chap. III, para. 1).

632. Also at the 55th meeting, Mr. Peter Leuprecht, Special Representative of the
Secretary-General for human rights in Cambodia, introduced his report (E/CN.4/2005/116).
During the ensuing interactive dialogue, the observer for Cambodia made a statement, as
representative of a concerned country, on the report. The representative of Canada as well as the
observers for Luxembourg (on behalf of the European Union) and Switzerland addressed
questions to the Special Representative, to which he responded.
633. At the same meeting, Ms. Charlotte Abaka, independent expert on technical cooperation
and advisory services in Liberia, introduced her report (E/CN.4/2005/119). During the ensuing
interactive dialogue, the observer for Liberia made a statement, as representative of a concerned
country, on the report. The observer for Luxembourg (on behalf of the European Union)
addressed questions to the independent expert, to which she responded.
634. In the general debate on agenda item 19, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Situation of human rights in the Sudan
635. At the 60th meeting, on 21 April 2005, the representative of Ethiopia introduced draft
resolution E/CN.4/2005/L.36/Rev.3, sponsored by Ethiopia (on behalf of the Group of
African States). Australia, Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain,
Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland and
the United States of America subsequently joined the sponsors.
636. Statements in connection with the draft resolution were made by the representatives of
China, Cuba, Eritrea, Kenya, the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland), Pakistan,
the Russian Federation, the Sudan and the United States of America.
637. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications69 of the draft resolution.
638. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/82.
Advisory services and technical cooperation for Burundi
639. At the 59th meeting, on 20 April 2005, the representative of Ethiopia introduced draft
resolution E/CN.4/2005/L.37/Rev.1, sponsored by Ethiopia (on behalf of the Group of
African States). Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland,
69 See footnote 2 above (chap. III, para. 31).

France, Germany, Greece, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Malta,
the Netherlands, Peru, Portugal, Slovakia, Slovenia, Spain, Sweden, the United Kingdom of
Great Britain and Northern Ireland and the United States of America subsequently joined the
sponsors.
640. A statement in connection with the draft resolution was made by the observer for
Burundi.
641. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/75.
Technical cooperation and advisory services in the Democratic Republic of the Congo
642. At the 61st meeting, on 21 April 2005, the representative of Ethiopia introduced
draft resolution E/CN.4/2005/L.38/Rev.1, sponsored by Ethiopia (on behalf of the Group of
African States). Austria, Belgium, Cyprus, Denmark, France, Greece, Lithuania, Luxembourg,
Malta, Peru, Portugal, Slovenia, Spain and Switzerland subsequently joined the sponsors.
643. The representative of Ethiopia (on behalf of the Group of African States) orally revised
the draft resolution making the last two subparagraphs of paragraph 1 into a new paragraph 2,
and renumbering the following paragraphs accordingly.
644. Statements in connection with the draft resolution were made by the representative of the
United States of America and the observer for the Democratic Republic of the Congo.
645. The representative of the United States of America orally amended the draft resolution by
adding at the end of paragraph 5 (f) the words recognizing that States not party to the Rome
Statute of the International Criminal Court have no obligations under the Statute.
646. Statements in connection with the proposed amendment were made by the representatives
of Ethiopia and the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland - the acceding country that is a member
of the Commission - Romania - aligned itself with the statement).
647. At the request of the representative of the Netherlands (on behalf of the States members
of the European Union that are members of the Commission - Finland, France, Germany,
Hungary, Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland - as well
as the acceding country that is a member of the Commission - Romania), a recorded vote was
taken on the proposed amendment, which was rejected by 34 votes to 3, with 14 abstentions.
The voting was as follows:
In favour: Eritrea, Ethiopia, United States of America.
Against: Argentina, Armenia, Australia, Brazil, Burkina Faso, Canada, Congo,
Costa Rica, Dominican Republic, Ecuador, Finland, France, Gabon,
Germany, Guinea, Hungary, Ireland, Italy, Kenya, Mauritania, Mexico,
Netherlands, Nigeria, Paraguay, Peru, Republic of Korea, Romania,
Russian Federation, South Africa, Swaziland, Togo, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Zimbabwe.

Abstaining: Bhutan, China, Cuba, Guatemala, Honduras, India, Indonesia, Japan,
Malaysia, Nepal, Pakistan, Qatar, Saudi Arabia, Sri Lanka.
648. The representative of Egypt stated that his delegation had intended to vote against the
proposed amendment.
649. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications70 of the draft resolution.
650. The draft resolution, as orally revised, was adopted without a vote. For the text as
adopted, see chapter II, section A, resolution 2005/85.
Assistance to Somalia in the field of human rights
651. At the 60th meeting, the representative of Italy introduced draft resolution
E/CN.4/2005/L.75, sponsored by Australia, Austria, Belgium, Bulgaria, Canada, the Congo,
Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal,
Slovakia, Slovenia, Spain, Switzerland, the United Kingdom of Great Britain and
Northern Ireland and the United States of America. Iceland, Israel, Liechtenstein, Norway, Peru,
Romania, Serbia and Montenegro and the United Republic of Tanzania subsequently joined the
sponsors.
652. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications71 of the draft resolution.
653. A statement in explanation of his delegations position was made by the representative of
Japan.
654. The draft resolution was adopted without a vote. For the text, see chapter II, section A,
resolution 2005/83.
Assistance to Sierra Leone in the field of human rights
655. At the 59th meeting, the representative of Ethiopia introduced draft resolution
E/CN.4/2005/L.78/Rev.1, sponsored by the Congo and Ethiopia (on behalf of the Group of
African States). Austria, Belgium, Canada, Cyprus, the Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Liechtenstein,
Lithuania, Luxembourg, Malta, the Netherlands, Norway, Peru, Portugal, Slovakia, Slovenia,
Spain, Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland and the
United States of America subsequently joined the sponsors.
70 Ibid.
71 Ibid.

656. A statement in connection with the draft resolution was made by the observer for
Sierra Leone.
657. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/76.
Technical cooperation and advisory services in Cambodia
658. At the same meeting, the representative of Japan introduced draft resolution
E/CN.4/2005/L.83, sponsored by Australia, Canada and Japan. Austria, Belgium, the
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Israel, Italy, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand,
Norway, Peru, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and
the United Kingdom of Great Britain and Northern Ireland subsequently joined the sponsors.
659. Statements in connection with the draft resolution were made by the representative of the
Netherlands (on behalf of the States members of the European Union that are members of the
Commission - Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of
Great Britain and Northern Ireland), the United States of America and by the observer for
Cambodia.
660. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/77.
Technical cooperation and advisory services in Nepal
661. Also at the same meeting, the observer for Switzerland introduced draft resolution
E/CN.4/2005/L.90, sponsored by Austria, Belgium, Bulgaria, Canada, Cyprus, the
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy,
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway,
Poland, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden,
Switzerland and the United Kingdom of Great Britain and Northern Ireland. Australia,
Costa Rica, Croatia, Iceland, Israel, Peru and the United States of America subsequently joined
the sponsors.
662. Statements in connection with the draft resolution were made by the representatives of
India, Japan and Nepal.
663. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications72 of the draft resolution.
664. The draft resolution was adopted without a vote. For the text as adopted, see chapter II,
section A, resolution 2005/78.
72 Ibid.

Technical cooperation in the field of human rights in Afghanistan
665. At its 60th meeting, the Chairperson made a statement concerning technical cooperation
in the field of human rights in Afghanistan, which the Commission agreed on by consensus.
666. The text of the statement appears in chapter II, section C.
Situation of human rights in Haiti
667. At the same meeting, the Chairperson made a statement concerning the situation of
human rights in Haiti, which the Commission agreed on by consensus.
668. The text of the statement appears in chapter II, section C.

XX. Rationalization of the work of the Commission
669. The Commission considered agenda item 20 at its 56th meeting, on 19 April 2005, and at
its 60th meeting, on 21 April.73
670. For the documents issued under agenda item 20, see annex IV to the present report. For a
list of all resolutions and decisions adopted by the Commission and Chairpersons statements, by
agenda item, see the beginning of the present report.
671. In the general debate on agenda item 20, statements were made by members of the
Commission, observers and representatives of non-governmental organizations. For a detailed
list of speakers, see annex II to the present report.
Enhancing and strengthening the effectiveness of the special procedures of the Commission
on Human Rights
672. At the 60th meeting, on 21 April 2005, the representative of the Republic of Korea
introduced draft decision E/CN.4/2005/L.98, sponsored by the Republic of Korea (on behalf of
the Group of Asian States). Cuba, Nicaragua, the Russian Federation, the Sudan,
the United States of America and Zimbabwe subsequently joined the sponsor.
673. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications74 of the draft decision.
674. Statements in connection with the draft decision were made by the representatives of
Argentina, Australia, Brazil, China, Cuba, India, Japan, Mexico (also on behalf of Costa Rica,
Ecuador, Dominican Republic, Guatemala and Peru) and the Netherlands (on behalf of the
States members of the European Union that are members of the Commission - Finland,
France, Germany, Hungary, Ireland, Italy and the United Kingdom of Great Britain and
Northern Ireland; the acceding country that is a member of the Commission -Romania - aligned
itself with the statement).
675. The draft decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/113.
73 See footnote 1 above (chap. III, para. 1).
74 See footnote 2 above (chap. III, para. 31).

XXI. (a) Draft provisional agenda for the sixty-second session
of the Commission
676. The Commission considered agenda item 21 at its 63rd meeting, on 22 April 2005.75
677. In accordance with the provisions of paragraph 3 of Economic and Social Council
resolution 1894 (LVII), of 1 August 1974, the Commission had before it a note from the
Secretary-General (E/CN.4/2005/L.1) containing a draft provisional agenda for the
sixty-second session of the Commission and indicating the documents to be submitted under
each agenda item and the legislative authority for their preparation and consideration.
678. The Commission took note of the draft agenda for its sixty-second session, which read as
follows:
1. Election of officers.
2. Adoption of the agenda.
3. Organization of the work of the session.
Legislative authority: relevant resolutions and decisions of the General Assembly
and the Economic and Social Council; Commission decisions 2005/114
and 2005/115; Chairpersons statement of 22 April 2005.
Documentation:
Report of the United Nations High Commissioner for Human Rights containing
an analysis of the situation of human rights in Colombia (statement agreed on by
consensus by the Commission and made by the Chairperson on 22 April 2005).
4. Report of the United Nations High Commissioner for Human Rights and
follow-up to the World Conference on Human Rights.
Legislative authority: General Assembly resolution 48/141; Commission
resolutions 1997/69, 2004/2, 2004/54 and 2005/4.
Documentation:
Report of the United Nations High Commissioner for Human Rights
(General Assembly resolution 48/141, para. 5; Commission resolutions 1997/69,
para. 14; 2004/54, para. 8; and 2005/4, para. 10).
75 See footnote 1 above (chap. III, para. 1).

5. The right of peoples to self-determination and its application to peoples under
colonial or alien domination or foreign occupation.
Legislative authority: Commission resolutions 2005/1 and 2005/2; Chairpersons
statement of 7 April 2005.
Documentation:
Report of the Working Group on the use of mercenaries as a means of violating
human rights and impeding the exercise of the right of peoples to
self-determination (resolution 2005/2, paras. 14 and 20).
6. Racism, racial discrimination, xenophobia and all forms of discrimination:
(a) Comprehensive implementation of and follow-up to the Durban
Declaration and Programme of Action.
Legislative authority: Commission resolutions 1993/20, 2003/30, 2005/3, 2005/5
and 2005/64.
Documentation:
(a) Report of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance (resolutions 1993/20,
para. 10, 2005/5, para. 7, and 2005/64, para. 40);
(b) Report of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action
(resolution 2003/30, sect. III, para. 22);
(c) Report of the Working Group of Experts on People of African Descent
(resolution 2003/30, para. 26);
(d) Report of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance on the situation of
Muslim and Arab peoples in various parts of the world (resolution 2005/3,
para. 16);
(e) Report of the United Nations High Commissioner for Human Rights on
the implementation of resolution 2005/3 on combating defamation of
religions (para. 17);
(f) Report of the Office of the United Nations High Commissioner for Human
Rights on its efforts to initiate a reinvigorated campaign for universal
ratification of the International Convention on the Elimination of All
Forms of Racial Discrimination (resolution 2005/64, para. 10);
(g) Report of the United Nations High Commissioner for Human Rights
containing a draft basic document on the development of a racial equality
index (resolution 2005/64, para. 29);

(h) Progress report of the Office of the High Commissioner for Human Rights
on the implementation of relevant recommendations of the third session of
the Intergovernmental Working Group on the Effective Implementation of
the Durban Declaration and Programme of Action (resolution 2005/64,
para. 34).
7. The right to development.
Legislative authority: Commission resolution 2005/4.
Documentation:
(a) Concept document on the right to development to be submitted by the
Sub-Commission on the Promotion and Protection of Human Rights
(para. 7);
(b) Report of the Open-ended working group established to monitor and
review progress made in the promotion and implementation of the right to
development (para. 11).
8. Question of the violation of human rights in the occupied Arab territories,
including Palestine.
Legislative authority: Commission resolutions 1993/2, 2005/6, 2005/7
and 2005/8.
Documentation:
(a) Report of the Special Rapporteur (resolutions 1993/2 A, para. 4, and
2005/7, para. 11);
(b) Report of the United Nations High Commissioner for Human Rights on
the question of Palestinian pregnant women (resolution 2005/7, para. 4);
(c) Report of the Secretary-General (resolution 2005/8, para. 6).
9. Question of the violation of human rights and fundamental freedoms in any part
of the world, including:
(a) Question of human rights in Cyprus;
(b) Procedure established in accordance with Economic and Social Council
resolutions 1503 (XLVIII) and 2000/3.
Legislative authority: Economic and Social Council resolutions 1503 (XLVIII),
1990/41 and 2000/3; Commission resolutions 8 (XXIII), 2005/9, 2005/10,
2005/11, 2005/12 and 2005/13, and Commission decisions 2005/102 and
2005/103.

Documentation:
(a) Report of the Working Group on Situations (Economic and Social Council
resolution 1990/41);
(b) Report of the Secretary-General on reprisals against persons cooperating
with representatives of United Nations human rights bodies
(Commission resolution 2005/9, para. 7);
(c) Report of the Special Rapporteur on the situation of human rights in
Myanmar (Commission resolution 2005/10, para. 7 (a));
(d) Report of the United Nations High Commissioner for Human Rights on
her findings and recommendations with regard to the human rights
situation in the Democratic Peoples Republic of Korea (Commission
resolution 2005/11, para. 9);
(e) Report of the Special Rapporteur on the situation of human rights in the
Democratic Peoples Republic of Korea (Commission resolution 2005/11,
para. 12);
(f) Report of the Personal Representative of the High Commissioner on the
situation of human rights in Cuba (Commission resolution 2005/12,
para. 1);
(g) Report of the Special Rapporteur on the situation of human rights in
Belarus (Commission resolution 2005/13, para. 4);
(h) Report of the Secretary-General on the question of human rights in Cyprus
(Commission decision 2005/103).
10. Economic, social and cultural rights.
Legislative authority: Commission resolutions 2003/21, 2004/18, 2004/21,
2005/14, 2005/15, 2005/16, 2005/17, 2005/18, 2005/19, 2005/20, 2005/21,
2005/22, 2005/23, 2005/24 and 2005/25.
Documentation:
(a) Analytical report of the independent expert on the effects of structural
adjustment policies and foreign debt on the full enjoyment of all human
rights, in particular economic, social and cultural rights
(resolution 2003/21, para. 12, and 2004/18, para. 18);
(b) Report of the Special Rapporteur on adequate housing as a component
of the right to an adequate standard of living (resolution 2004/21,
para. 7 (c));

(c) Report of the Secretary-General on the implications and negative effects
of unilateral coercive measures (resolution 2005/14, para. 13 (b));
(d) Report of the Special Rapporteur on the adverse effects of the illicit
movement and dumping of toxic and dangerous products and wastes on
the enjoyment of human rights (resolution 2005/15, paras. 16 and 17);
(e) Report of the independent expert on the question of human rights and
extreme poverty (resolution 2005/16, para. 13);
(f) Report of the Special Rapporteur on the right to food (resolution 2005/18,
para. 16);
(g) Report of the independent expert on the effects of structural adjustment
policies and foreign debt on the full enjoyment of all human rights,
particularly economic, social and cultural rights, containing a final draft of
general guidelines to be followed by States and by private and public,
national and international financial institutions in the decision-making and
execution of debt repayments and structural reform programmes
(resolution 2005/19, para. 20);
(h) Report of the United Nations High Commissioner for Human Rights on
the results of the consultations requested in paragraph 20 of resolution
2005/20 on the promotion of the enjoyment of the cultural rights of
everyone and respect for different cultural identities;
(i) Report of the Special Rapporteur on the right to education
(resolution 2005/21, para. 12);
(j) Report of the Open-ended working group established with a view to
considering options regarding the elaboration of an optional protocol to
the International Covenant on Economic, Social and Cultural Rights
(resolution 2005/22, para. 15);
(k) Report of the Secretary-General on the implementation of
resolution 2005/22 on the question of the realization in all countries
of economic, social and cultural rights (para. 16);
(l) Report of the Secretary-General on access to medication in the context
of pandemics such as HIV/AIDS, tuberculosis and malaria
(resolution 2005/23, para. 23);
(m) Report of the Special Rapporteur on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health
(resolution 2005/24, para. 28);
(n) Final report of the Special Rapporteur on adequate housing containing the
study on women and adequate housing (resolution 2005/25, para. 16).

11. Civil and political rights, including the questions of:
(a) Torture and detention;
(b) Disappearances and summary executions;
(c) Freedom of expression;
(d) Independence of the judiciary, administration of justice, impunity;
(e) Religious intolerance;
(f) States of emergency;
(g) Conscientious objection to military service.
Legislative authority: Commission resolutions 2004/35, 2005/27, 2005/28,
2005/29, 2005/30, 2005/31, 2005/33, 2005/34, 2005/36, 2005/38, 2005/39 and
2005/40.
Documentation:
(a) Analytical report of the Office of the United Nations High Commissioner
for Human Rights on best practices in relation to conscientious objection
to military service (resolution 2004/35, para. 5);
(b) Report of the Working Group on Enforced or Involuntary Disappearances
(resolution 2005/27, para. 11);
(c) Report of the Intersessional open-ended working group to elaborate a draft
legally binding normative instrument for the protection of all persons from
enforced disappearance (resolution 2005/27, para. 13);
(d) Report of the Working Group on Arbitrary Detention (resolution 2005/28,
para. 10);
(e) Report of the Special Rapporteur on the independence of judges and
lawyers (resolutions 2005/30, para. 11, and 2005/33, para. 13);
(f) Report of Mr. Decaux, containing an updated version of the draft
principles on the administration of justice through military tribunals
(resolution 2005/33, para. 12);
(g) Report of the Special Rapporteur on extrajudicial, summary or arbitrary
executions (resolution 2005/34, para. 23);
(h) Updated study by the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance on the
issue of political platforms which promote or incite racial discrimination
(resolution 2005/36, para. 17);

(i) Report of the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression (resolution 2005/38, para. 14);
(j) Annual report of the Secretary-General on the status of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (resolution 2005/39, para. 24);
(k) Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment (resolution 2005/39, para. 29);
(l) Report of the Secretary-General on the operations of the United Nations
Voluntary Fund for Victims of Torture (resolution 2005/39, para. 34);
(m) Report of the Special Rapporteur on freedom of religion or belief
(resolution 2005/40, para. 21).
12. Integration of the human rights of women and a gender perspective:
(a) Violence against women.
Legislative authority: Commission resolutions 1997/44, 2004/45 and 2005/41
and Commission decisions 2004/108 and 2004/110.
Documentation:
(a) Report of the Special Rapporteur on violence against women, its causes
and consequences (resolutions 1997/44, para. 14, and 2005/41);
(b) Annual report of the Special Rapporteur on the human rights aspects of
the victims of trafficking in persons, especially in women and children
(decision 2004/110).
13. Rights of the child.
Legislative authority: General Assembly resolution 51/77; Commission
resolutions 1992/74, 2004/48, 2005/43 and 2005/44.
Documentation:
(a) Annual report of the Special Representative of the Secretary-General for
children and armed conflict (General Assembly resolution 51/77,
para. 37);
(b) Report of the Sub-Commission on the Promotion and Protection of
Human Rights on the state of implementation of the Programme of Action
for the Prevention of the Sale of Children, Child Prostitution and Child
Pornography (Commission resolution 1992/74, sect. I, para. 8);

(c) Final in-depth study by the Secretary-General on the question of violence
against children (Commission resolution 2004/48, sect. II, para. 20);
(d) Report of the Office of the United Nations High Commissioner for Human
Rights on a comprehensive assessment of the situation of the abduction of
children throughout Africa (Commission resolution 2005/43, para. 14);
(e) Report of the Secretary-General (Commission resolution 2005/44, sect, V,
para. 40 (b));
(f) Report of the Special Rapporteur on the sale of children, child prostitution
and child pornography (Commission resolution 2005/44, sect. V,
para. 40 (c)).
14. Specific groups and individuals:
(a) Migrant workers;
(b) Minorities;
(c) Mass exoduses and displaced persons;
(d) Other vulnerable groups and individuals.
Legislative authority: Commission resolutions 2004/49, 2004/50, 2004/54,
2004/55, 2004/56, 2005/45, 2005/46, 2005/47, 2005/65 and 2005/79.
Documentation:
(a) Report of the Secretary-General on the progress made in the
implementation of resolution 2004/50 on missing persons (para. 11);
(b) Report of the Secretary-General on the performance and effectiveness
of the new mechanism on internal displacement (resolution 2004/55,
para. 27);
(c) Annual report of the Representative of the Secretary-General on human
rights of internally displaced persons (resolutions 2004/55, para. 28, and
2005/46, para. 27);
(d) Report of the Secretary-General on the status of the International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (resolution 2004/56, para. 14);
(e) Report of the Secretary-General on the question of the arbitrary
deprivation of nationality (resolution 2005/45, para. 8);
(f) Report of the Special Rapporteur on the human rights of migrants
(resolution 2005/47, para. 30);

(g) Report of the Office of the United Nations High Commissioner for Human
Rights on progress in the implementation of the recommendations
contained in the study on human rights and disability submitted to the
fifty-eighth session of the Commission (resolution 2005/65, para. 5);
(h) Annual report of the independent expert on minority issues
(resolution 2005/79, para. 7).
15. Indigenous issues.
Legislative authority: Commission resolutions 2005/49, 2005/50 and 2005/51.
Documentation:
(a) Report of the United Nations High Commissioner for Human Rights on
the activities undertaken by her Office during the calendar year 2005
relating to indigenous peoples (resolution 2005/49, para. 15);
(b) Report of the Open-ended intersessional working group on a draft
United Nations declaration on the rights of indigenous people
(resolution 2005/50, para. 10);
(c) Report of the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people (resolution 2005/51,
para. 18).
16. Report of the Sub-Commission on the Promotion and Protection of
Human Rights:
(a) Report and draft decisions;
(b) Election of members.
Legislative authority: Economic and Social Council resolutions 1334 (XLIV)
and 1986/35 and decisions 1978/21 and 1987/102; Commission
resolution 2005/53.
Documentation:
(a) Report of the Sub-Commission on the Promotion and Protection of
Human Rights on its fifty-seventh session;
(b) Note by the Secretary-General containing the names and biographical
data of the candidates for election to the Sub-Commission (Economic
and Social Council resolution 1986/35, para. 4);

(c) Comprehensive report of the Office of the United Nations High
Commissioner for Human Rights on the administrative and programme
budget of the Sub-Commission (resolution 2005/53, para. 13);
(d) Report of the Chairperson of the fifty-seventh session of the
Sub-Commission (resolution 2005/53, para. 17).
17. Promotion and protection of human rights:
(a) Status of the International Covenants on Human Rights;
(b) Human rights defenders;
(c) Information and education;
(d) Science and the environment.
Legislative authority: Commission resolutions 2000/61, 2004/69, 2004/78,
2005/54, 2005/55, 2005/56, 2005/57, 2005/59, 2005/61, 2005/62, 2005/63,
2005/66, 2005/67, 2005/68, 2005/69, 2005/70, 2005/80 and 2005/81 and
Commission decisions 2004/118 and 2005/111.
Documentation:
(a) Annual report of the Special Representative of the Secretary-General on
the situation of human rights defenders (resolutions 2000/61, para. 6,
and 2005/67, para. 19);
(b) Report of the Secretary-General on the status of the International
Covenant on Economic, Social and Cultural Rights, the International
Covenant on Civil and Political Rights and the Optional Protocols thereto,
including all reservations and declarations (resolution 2004/69, para. 24);
(c) Report of the Secretary-General on measures taken to implement
resolution 2004/78 on the effective implementation of international
instruments on human rights, including reporting obligations under
international instruments on human rights (para. 26);
(d) Annual report of the independent expert on human rights and international
solidarity (resolution 2005/55, para. 9);
(e) Yearly supplement to the quinquennial report of the Secretary-General on
capital punishment and implementation of the safeguards guaranteeing
protection of the rights of those facing the death penalty
(resolution 2005/59, para. 11);
(f) Report of the Office of the United Nations High Commissioner for
Human Rights on progress made towards the implementation of
resolution 2005/61 on the World Programme for Human Rights Education
(para. 8);

(g) Report of the Secretary-General on the implementation of the Five-Point
Action Plan to Prevent Genocide and on the activities of the Special
Adviser of the Secretary-General on the Prevention of Genocide
(resolution 2005/62, para. 9);
(h) Study by the Office of the High Commissioner on the right to the truth
(resolution 2005/66, para. 6);
(i) Interim report of the Special Representative of the Secretary-General on
the issue of human rights and transnational corporations and other
business enterprises (resolution 2005/69, para. 1);
(j) Report of the High Commissioner on the outcome of the first annual
meeting with senior executives from transnational corporations and
other business enterprises and with experts from a particular sector
(resolution 2005/69, para. 5);
(k) Study by the Office of the High Commissioner on human rights and
transitional justice activities undertaken by the human rights components
of the United Nations system (resolution 2005/70, para. 4);
(l) Report of the Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism
(resolution 2005/80, para. 14 (f));
(m) Report of the High Commissioner on the implementation of
resolution 2005/80 on the protection of human rights and fundamental
freedoms while countering terrorism (para. 17);
(n) Report of the Secretary-General on the latest developments in
international law and practice relevant to combating impunity
(resolution 2005/81, para. 25);
(o) Analytical report of the Secretary-General on fundamental standards of
humanity (decision 2004/118);
(p) Report of Mr. Miguel Alfonso Martínez containing a new initial version
of the pre-draft declaration on human social responsibilities
(decision 2005/111).
18. Effective functioning of human rights mechanisms:
(a) Treaty bodies;
(b) National institutions and regional arrangements;
(c) Adaptation and strengthening of the United Nations machinery for human
rights.

Legislative authority: Commission resolutions 2004/76, 2004/78, 2005/71,
2005/72 and 2005/74.
Documentation:
(a) Report of the Secretary-General containing conclusions and
recommendations of special procedures (resolution 2004/76, para. 12 (a));
(b) Report of the Secretary-General on measures taken to implement
resolution 2004/78 on the effective implementation of international
instruments on human rights, including reporting obligations under
international instruments on human rights (para. 26);
(c) Report of the Secretary-General containing the conclusions of the
thirteenth Workshop on Regional Cooperation for the Promotion and
Protection of Human Rights in the Asian and Pacific region and
information on the progress achieved in the implementation of
resolution 2005/71 (para. 5);
(d) Comprehensive report of the United Nations High Commissioner for
Human Rights on the implementation of resolution 2005/72 on the
composition of the staff of the Office of the United Nations
High Commissioner for Human Rights (para. 26 (e));
(e) Report of the Secretary-General on the implementation of
resolution 2005/74 on national institutions for the promotion and
protection of human rights (para. 21) and on the process currently
utilized by the International Coordinating Committee to accredit national
institutions in compliance with the Paris Principles (para. 22).
19. Advisory services and technical cooperation in the field of human rights.
Legislative authority: Commission resolutions 2004/81, 2005/75, 2005/76,
2005/77, 2005/78, 2005/82, 2005/83, 2005/85 and decision 2005/117;
Chairpersons statements of 21 April 2005.
Documentation:
(a) Analytical report of the Secretary-General on the progress and concrete
achievements made, as well as obstacles encountered in the
implementation of the programme of advisory services and
technical cooperation in the field of human rights (resolution 2004/81,
para. 19 (a));
(b) Report of the independent expert on the situation of human rights in
Burundi (resolution 2005/75, para. 27);

(c) Report of the United Nations High Commissioner for Human Rights on
assistance to Sierra Leone in the field of human rights (resolution 2005/76,
para. 3 (f));
(d) Report of the Secretary-General on the role and achievements of the
Office of the United Nations High Commissioner for Human Rights in
assisting the Government and the people of Cambodia in the promotion
and protection of human rights (resolution 2005/77, sect. III, para. 8);
(e) Report of the Special Representative of the Secretary-General on the
situation of human rights in Cambodia (resolution 2005/77, sect. III,
para. 8);
(f) Report of the High Commissioner on the human rights situation and the
activities of her Office, including technical cooperation, in Nepal
(resolution 2005/78, para. 17);
(g) Report of the Special Rapporteur on the situation of human rights in the
Sudan (resolution 2005/82, para. 8);
(h) Report of the independent expert appointed by the Secretary-General on
the situation of human rights in Somalia (resolution 2005/83, para. 13 (a));
(i) Report of the independent expert on the situation of human rights in the
Democratic Republic of the Congo (resolution 2005/85, para. 8 (b));
(j) Report of the independent expert on the situation of human rights in
Liberia (decision 2005/117);
(k) Report of the High Commissioner on the situation of human rights in
Afghanistan and on the achievements of technical assistance in the field of
human rights (statement agreed on by consensus by the Commission, and
made by the Chairperson on 21 April 2005, para. 17 (c));
(l) Report of the independent expert appointed by the Secretary-General on
the situation of human rights in Haiti (statement agreed on by consensus
by the Commission, and made by the Chairperson on 21 April 2005,
para. 7).
20. Rationalization of the work of the Commission.
Legislative authority: Commission decisions 2000/109 and 2005/113.
Documentation:
Report of the United Nations High Commissioner for Human Rights on the
implementation of decision 2005/113 on enhancing and strengthening the
effectiveness of the special procedures of the Commission (subparagraph (e)).

21. (a) Draft provisional agenda for the sixty-third session of the Commission;
(b) Report to the Economic and Social Council on the sixty-second session of
the Commission.
Legislative authority: Economic and Social Council resolution 1894 (LVII);
rule 38 of the rules of procedure of the functional commissions of the Council.
Documentation:
Note by the Secretary-General containing the draft provisional agenda for the
sixty-third session of the Commission, together with information concerning
documentation relating thereto.
(b) Report of the Commission to the Economic
and Social Council on its sixty-first session
679. At its 63rd meeting, on 22 April 2005, the Commission considered the draft report on the
work of its sixty-first session. The draft report, as contained in documents E/CN.4/2005/L.10
and Add.1-17 and E/CN.4/2005/L.11 and Add.1-9, was adopted ad referendum, and the
Commission decided to entrust the Rapporteur with its finalization.

ANNEXES
ANNEX I
Attendance
Members
Argentina
Mr. Alberto J. Dumont*, Mr. Sergio Cerda*, Mr. Federico Villegas Beltran**, Ms. Andrea Repetti**.
Armenia
Mr. Zohrab Mnatsakanian*, Mr. Artak Apitonian, Ms. Marta Ayvazyan, Mr. Levon Minasyan,
Ms. Lilit Shakaryan, Ms. Aline Dedeyan, Mr. Suren Baghdasaryan, Ms. Ani Gasparyan,
Mr. Gagik Sargsyan.
Australia
Mr. Mike Smith*, Ms. Marise Payne, Mr. Richard Sadleir, Ms. Amanda Gorely, Mr. James Choi,
Ms. Julia Feeney, Ms. Lara Nassau, Mr. Mark Sawers, Ms. Rachel Moseley, Ms. Clare Stoddart,
Mr. Keir Macdonald, Ms. Rebecca Lambert, Ms. Caroline Millar, Mr. Andrew Porter.
Bhutan
Mr. Sonam T. Rabgye*, Ms. Kunzang C. Namgyel**, Mr. Yeshey Dorji**,
Mr. Sonam Wangchuk, Mr. Chitem Tenzin.
Brazil
Mr. Nilmario Miranda*, Mr. Luiz Felipe de Seixas Corrêa**, Mr. Carlos Antônio da Rocha Paranho,
Ms. Maria Luisa Viotti, Mr. Antônio C.N. Pedro, Mr. Paulino Franco De Carvalho Neto, Mr. Alan Sellos,
Ms. Maria Rita Fontes Faria, Ms. Claudia de Angelo Barbosa, Mr. Pedro Marcos de Castro Saldaña,
Ms. Luciana Mancini, Ms. Regiane Mara Gonçalves de Melo, Mr. Christiano Savio Barros Figueroa,
Ms. Andrea Giovannetti, Mr. Sergio Renault, Mr. Mércio Pereira Gomes,
Ms. Marcia Maria Adorno Cavalcante Ramos.
Burkina Faso
Ms. Monique Ilboudou*, Mr. Michel Kafando**, Mr. Moussa B. Nébié, Ms. Assétou Touré,
Mr. François Bado De Salles, Mr. Ali Abibata Sanou, Ms. Judith Zerbo, Ms. Aline Nébié.
Canada
Mr. Paul Meyer*, Mr. Ian Ferguson**, Mr. Henri-Paul Normandin**, Mr. Wayne Lord,
Ms. Deborah Chatsis, Ms. Deirdre Kent, Ms. Katherine Verrier-Frechette, Mr. John von Kaufmann,
Ms. Mi Nguyen, Mr. Thomas Fetz, Ms. Chantal Walker, Ms. Meaghan Sunderland, Mr. Mathew Myre,
Mr. Garett Pratt, Ms. Sarah Geh, Ms. Marie-José Desmarais, Ms. Susan Given Hill,
Ms. Anne Tamara Lorre, Ms. Ginette Sacier.
* Representative.
** Alternate.

China
Mr. Sha Zukang*, Mr. Shen Yongxiang**, Mr. La Yifan**, Mr. Xia Jingge**, Mr. Liu Zhenhua,
Mr. Zhang Yuebin, Mr. Song Zhiwei, Mr. Wang Aili, Mr. Shen Yang, Ms. Huang Zhimei,
Mr. Xu Wengang, Ms. Sui Qing, Mr. Huang He, Mr. Yao Xiongsen, Mr. Hu Bin, Mr. Shi Chaohui,
Mr. Xu Yu, Ms. Li Wen, Mr. Zhao Xing, Mr. Kong Lingbin, Ms. Che Ying, Mr. Wang Gang,
Ms. Cheng Hong.
Congo
Mr. Gabriel Entcha Ebia*, Mr. Roger Julien Menga**, Mr. Laurent Tengo, Mr. Justin Koumba,
Mr. Thierry Raoul Alexis Gombert, Mr. Justin Biaborah Iboro, Ms. Hortensia Laure Beckos,
Mr. Patrice Lagany, Mr. François Makoundi, Mr. Clovis Guillond, Mr. Sylvain Bayalama,
Ms. Delphine Bikouta, Mr. Nguengue Montse, Mr. Jean-Marcellin Megot, Mr. Norbert Kengo,
Mr. Yalouca Goma, Mr. Jean-Pascal Obembo, Ms. Kellie Shandra Ognimba.
Costa Rica
Mr. Luis Varela Quirós*, Ms. Carmen Claramunt Garro**, Mr. Alejandro Solano, Ms. Alexandra Segura,
Mr. José Joaquín Chaverri.
Cuba
Mr. Juan Antonio Fernández Palacios*, Mr. Iván Mora Godoy*, Mr. Rodolfo Reyes Rodríguez**,
Mr. Jorge Ferrer Rodríguez, Ms. María del Carmen Herrera, Mr. Carlos Hurtado Labrador,
Mr. Óscar León González, Mr. Manuel Sánchez Oliva, Ms. Claudia Pérez Álvarez,
Mr. Mario Ginés González, Mr. Yarine Ramírez Frometa, Ms. Ana María Rovira,
Mr. Rogelio González Díaz, Ms. Beatriz Santamaría Trujillo, Ms. Antonia Maria Merconchini,
Mr. Miguel Alfonso Martínez.
Dominican Republic
Mr. Homero Luis Hernández Sánchez*, Ms. Rhadys Abren de Polanco**, Ms. Ysset Román Maldonado,
Ms. Elizabeth Ruiz, Mr. José Rivas, Ms. Magali Bello de Kemper.
Ecuador
Mr. Hernán Escudero Martinez*, Mr. Rafael Paredes Proanao, Mr. Arturo Cabrera,
Ms. Leticia Baquerizo Guzmán.
Egypt
Ms. Naela Gabr*, Mr. Amin Meleika**, Mr. Sanaa Khalil, Mr. Sameh About Enein,
Ms. Mahy Abdel Latif, Mr. Ehab Gamal Eldin, Mr. Alaa Roushdy, Mr. Mohamed Elewa,
Mr. Amir Aljowaily, Ms. Mai Khalil, Mr. Mohamed Loutfy, Mr. Omar Shalaby, Mr. Tamim Khallaf,
Mr. Ahmed Zohny.
Eritrea
Mr. Amare G. Tekle*, Mr. Bereket Woldeyohannes, Mr. Awet Ghebremedhin.
Ethiopia
Mr. Fisseha Yimer*, Mr. Seleshi Mengesha, Mr. Ojulu Owar Ochalla, Mr. Aklilu Shiketa,
Ms. Lulit Zewdie, Ms. Meklit Timotiwos.

Finland
Mr. Vesa Himanen*, Ms. Johanna Suurpaa**, Ms. Satu Mattila, Mr. Jarmo Sareva, Mr. Lasse Keisalo,
Ms. Satu Suikkari, Ms. Leena Pylvanainen, Ms. Leena Leikas, Ms. Tarja Kantola, Mr. Miko Lempinen,
Ms. Taina Riski, Ms. Kristina Stenman, Mr. Sami Pirkkala, Ms. Sofie Sandstrom, Ms. Janina Hasenson.
France
Mr. Michel Doucin*, Ms. Béatrice Le Fraper, Ms. Donatienne Hissard, Mr. François Vandeville,
Mr. Jacques Pellet, Mr. Philippe Bertoux, Ms. Caroline Belot, Mr. Claude Bidal, Mr. Maxime Alimi,
Ms. Anne-Lise Goisset, Mr. Joel Thoraval, Mr. Gérard Fellous, Mr. Emmanuel Decaux, Mr. Michel Forst,
Ms. Stéphanie Djian.
Gabon
Mr. Paul Mba Abessole*, Mr. Patrice Tonda*, Mr. Corentin Hervo Akendengue,
Mr. Jean Nazaire Ze Nang Ze, Ms. Carine Covemaker, Mr. Serge BoundzanHou, Mr. Wilfrid Otchanga,
Ms. Mireille Sarah Nzenze.
Germany
Mr. Tom Koenigs*, Mr. Michael Steiner*, Mr. Meter Wittig**, Mr. Klaus Metscher**,
Mr. Peter Rothen**, Mr. Andreas Berg**, Mr. Neithart Hofer Wissing, Ms. Jutta Schmitz,
Ms. Stefanie Zeidler, Mr. Ingo von Voss, Mr. Andreas Pfaffernoschke, Mr. Robert Dieter,
Mr. Martin Thummel, Mr. Arvid Enders, Ms. Christina Beinhoff, Ms. Ebba Scholl,
Mr. Mochen von Bernstorff, Ms. Silke Spohn.
Guatemala
Ms. Marta Altolaguirre*, Mr. Lars Pira**, Mr. Jorge Cabrera Hurtarte, Mr. Frank La Rue,
Ms. María Gabriela Nuñez, Mr. Ramiro López Ramírez, Ms. Carla Rodríguez Mancia,
Ms. Ángela Chávez, Mr. Juan Pablo Arce, Ms. Stephanie Hochstetter, Ms. Ingrid Martínez,
Mr. Carlos Arroyave, Ms. Sulmi Barrios, Ms. Soledad Urruela, Ms. Anabella Rivera, Mr. Hugo Martínez.
Guinea
Mr. Boubacar Diallo*, Mr. Alpha Ibrahima Sow**, Mr. Arafan Kabiné Kaba, Mr. Paul Goa Zoumanigui.
Honduras
Mr. Benjamin Zapata*, Ms. Gracibel Bu Figueroa, Mr. Mauricio Pérez Zepeda.
Hungary
Mr. Tibor Ttóth*, Mr. Gyula K. Szelei, Mr. István Lakatos, Ms. Orsolya Tóth, Ms. Dora Blazsek,
Mr. Miklos Boros, Ms. Eva Gergaly Lukacs.
India
Mr. Hardeep Singh Puri*, Mr. Debabrata Saha**, Ms. Preeti Saran, Mr. Pankaj Saran, Ms. Mukta Tomar,
Mr. Indra Mani Pandey, Mr. Kumaresan Ilango, Mr. Gopal Baglay, Mr. Arun Kumar Chatterjee,
Mr. S. Raghavan, Mr. Nikhilesh Chandra Giri, Ms. Kunhu Lakshmi Panicker, Mr. A.K. Jain.

Indonesia
Mr. Susanto Sutoyo*, Mr. Eddi Hariyadhi**, Mr. Rezlan Izhar Jenie, Mr. Hafid Abbas,
Mr. Gusti Agung Wesaka Puja, Mr. Djumantoro Purbo, Mr. Dian Wirengdjurlt,
Mr. Sunu Mahdi Soemarno, Mr. Yusra Khan, Mr. Jonny Sinaga, Mr. Lasro Simbolon,
Mr. Ade Padmo Sarwono, Mr. Cecep Herawan, Mr. Dody Kusumonegoro, Mr. Dodo Sudrajat,
Mr. Agung Cahaya Sumirat, Ms. Diana Emilia Sari Sutikno, Mr. Benny Siahaan, Mr. Edi Pramoto,
Mr. Dicky Komar, Mr. Muhammad Anshor, Mr. Adam T. Mulawarman, Mr. Bonanza P. Taihitu,
Ms. Irma Nadjamuddin, Mr. Enny Suprapto, Mr. Abdul Hakim Garuda Nusantara, Mr. Sumarwoto,
Mr. Konakri Marsono, Mr. Mulyadi, Ms. Adiyatwidi A. Asmady, Mr. Agus Sardjana.
Ireland
Ms. Mary Whelan*, Mr. Eamonn Mac Aodha**, Mr. Brian Cahalane, Mr. Gavan OLeary,
Mr. Alan Gibbons, Ms. Mary Keenana, Mr. Diarmuid OLeary, Mr. James OShea, Ms. Leah Hoctor,
Ms. Jennifer Dorgan, Mr. Pascal Mooney, Mr. James Mulkerrins, Mr. Sean Love.
Italy
Mr. Paolo Bruni*, Mr. Giuseppe Calvetta**, Mr. Valentino Simonetti**, Mr. Marco Conticelli**,
Mr. Carlo Campanile, Mr. Filippo Colombo, Mr. Francesco De Stefani Spadafora, Mr. Claudio Scorretti,
Ms. Francesca Belledi, Ms. Isabella Pierangeli Borletti, Ms. Maja Bova, Ms. Angela Melchiorre,
Ms. Silvia Dodoero, Mr. Donato Attubato, Ms. Valentina Falco, Mr. Vincenzo Forino,
Mr. Marco De Giorgi.
Japan
Mr. Itsunori Onodera*, Mr. Ichiro Fujisaki*, Mr. Shigeru Endo**, Mr. Hidenobu Sobashima,
Mr. Takashi Ashiki, Mr. Yusuke Arai, Mr. Hidetoshi Ogawa, Mr. Shu Nakagawa,
Mr. Tadahiko Yamaguchi, Mr. Kenji Sinoda, Ms. Yukiko Yamada, Mr. Naoto Nakahara,
Ms. Yukiko Harimoto, Ms. Shoko Fujimoto, Ms. Aya Furuta, Ms. Mayuko Fukuda,
Ms. Tomoko Matsuzawa, Mr. Derek Seklecki, Ms. Yukiko Kumashiro, Mr. Fumio Goto.
Kenya
Mr. Kiraitu Murungi*, Ms. Amina C. Mohamed**, Mr. Philip R.O. Owade, Mr. Anthony Okara,
Mr. Gichira Kibara, Ms. Jean W. Kimani, Mr. Daniel Kottut, Ms. Elizabeth Jeanette Wanjiru Mwangi.
Malaysia
Mr. Seri Syed Hamid Albar*, Mr. Hsu King Bee**, Mr. Ismail Mustapha**, Mr. Sim Paw Fatt,
Mr. Razali Bin Ibrahim, Ms. Rohana Ramli, Mr. Amran Mohamed Zin, Mr. Mustapha Ahmad Marican,
Mr. Raja Reza Raja Zaib Shah, Mr. Mohamad Razif Abdul Mubin, Mr. Omar Awang,
Mr. Adenan Bin Abdul Rahman, Mr. Sahimi Bin Abdul Rahman, Ms. Noramilia Mohamed Saad,
Ms. Meme Zainal Rashid, Ms. Azra Frisad Asangany, Ms. Noor Fazian Dolah, Mr. Baharin Idris,
Mr. Dirwana Azol, Mr. Hilal Othman, Mr. Abdul Karim Seman, Mr. Muhammad Mohamed,
Mr. Mohamed Radzi Harun, Mr. Fadzil Mahamud, Ms. Sharifah Zarah Syed Ahmad.
Mauritania
Mr. Mohamed Saleck Ould Mohamed Lemine*, Mr. Mohamed Lehbib Bal, Mr. Bamariam Koita,
Mr. Mohamed Yahya Ould Sidi Haiba, Mr. Mohamed Ould Tijani, Mr. Cheikh Tourad Ould Mohamed,
Mr. Mahfoudh Ould Magha.

Mexico
Ms. Patricia Olamendi*, Mr. Luis Alfonso de Alba**, Mr. Pablo Macedo,
Mr. Juan José Gómez Camacho, Mr. Luis Javier Campuzano, Mr. José Antonio Guevara,
Ms. Elia Sosa, Ms. Doroty Estrada, Mr. Alejandro Alday, Mr. Charles Duverger, Ms. Claudia García,
Mr. Juan Manuel Sánchez, Ms. Crista González, Ms. Carla Aguirre Piris, Mr. Víctor Genina,
Ms. Sofía Lascurain, Ms. Gracia Pérez, Ms. Claudia de la Fuente Barreda, Mr. Gustavo Torres Cisneros,
Ms. Mónica García Buenrostro, Ms. Lucero Saldaña Pérez, Mr. Mario Gonzalez.
Nepal
Mr. Ramesh Nath Pandey*, Mr. Madhu Raman Acharya**, Mr. Dibakar Pant,
Mr. Mohan Krishna Shrestha, Mr. Kali Prasad Pokharel, Mr. Anup Jung Thapa, Mr. Nawa Raj Silwal,
Mr. Gyan Chandra Acarya, Mr. Gopal Bahadur Thapa, Mr. Binod Prasad Acharya.
Netherlands
Mr. Ian De Jong*, Mr. Hanno Würzner**, Mr. Piet De Klerk, Mr. Jan Berteling, Ms. Anneke Adema,
Mr. Eeuwke Faber, Mr. Guillaume Teerling, Ms. Sonja Van Der Meer, Mr. Peter Derrek Hof,
Ms. Marielle Van Kesteren, Ms. Kim De Vos, Ms. Alexandra Rothenbücher, Ms. Brechtje Klandermans,
Ms. Marianne Van Dijk, Ms. Ilonka Schut, Mr. G.J. Van Den Hoek, Mr. Hans Thoolen.
Nigeria
Mr. Oluyemi Adeniji*, Mr. Alhaji Abubakar Tanko**, Mr. O.A. Ashiru, Mr. Joseph U. Ayalogu,
Mr. Kanu Agabi, Mr. Meter Osunbor, Mr. Abdul Oroh, Mr. A.B. Rimdap, Mr. E.A. Ogunnaike,
Mr. Martin Uhomoibhi, Mr. J.J. Abulimen, Mr. Mike G. Omotosho, Mr. A.A. Hussein, Mr. Usman Sarki,
Mr. S.M. Baba, Mr. O.C. Onowu, Mr. B.B. Hamman, Mr. Buka Kalembe, Mr. N.U.O. Wadibia-Anyanwu,
Mr. Bukhari Bello, Mr. C.N. Okafor, Mr. H.O. Sulaiman, Ms. I. Akabogu-Chinwuba, Ms. J.A. Odion,
Mr. Ikhuohlo Olumide Ojehomon.
Pakistan
Mr. Masood Khan*, Mr. Tariq Osman Hyder**, Ms. Tehmina Janjua, Mr. Imtaiz Hussain,
Mr. Muneer Ahmad, Mr. Mansoor Ahmad Khan, Mr. Rizwan Saeed Sheikh, Mr. Faisal Niaz Tirmizi,
Ms. Mumtaz Zehra Baloch, Mr. Sarfraz Ahmed Khan Sipra, Mr. Asim Ali Khan, Mr. Noor Jehan Panezai,
Mr. Raja Pervez Ashraf, Mr. Mushtaq Victor, Mr. Tariq Shafiq, Ms. Tehmina Janjua, Mr. Bilal Hayee,
Mr. Riaz Fatyana, Ms. Kashmala Tariq.
Paraguay
Mr. José Martínez Lezcano*, Mr. Rigoberto Gauto**, Mr. Julio Duarte Van Humbeck,
Mr. Roberto Recalde, Mr. Francisco Barreiros, Ms. Estefanía Laterza, Mr. Raúl Martínez,
Mr. Felipe Mendoza, Ms. Maricel Rivas, Mr. Hugo Chaparro.
Peru
Ms. Elizabeth Astete Rodríguez*, Mr. José Luis Salinas Montes**, Mr. Carlos Manuel Román Heredia,
Mr. Juan Pablo Vegas Torres, Mr. Patricio Rubio Correa, Ms. Eliana Beraún Escudero,
Mr. Alejandro Neyra Sánchez, Ms. Daet Marión.
Qatar
Mr. Nasser Rashid Al-Nuaimi*, Mr. Jassim Abdulaziz Faisal Al-Boainain, Mr. Mohamed Ali Dehaimi,
Mr. Meshaal Ali Al-Attiyah, Mr. Khalid Bin Jassim Al-Thani, Mr. Faisal Ahmed Al Ahmed Al-Thani,
Ms. Sheikha Alia Ahmed Seif Al-Thani, Ms. Nour Abdulla Al-Malki, Mr. Yusef Abidan Fakhru,
Mr. Abdullah Bin Mohamed Al-Marikhi, Mr. Mohamad Bin Ahmed Al-Muhanadi, Mr. Mohamed Fouad.

Republic of Korea
Mr. Hyuck Choi*, Mr. In-kook Park**, Ms. Ji-ah Paik, Mr. Kang-il Hu, Mr. Hoon-min Lim,
Mr. Jeong-hyun Ryu, Mr. Hyun-chul Kim, Mr. Young-hyo Park, Ms. Kyung-ah Lee, Mr. Chul Lee,
Mr. Il-bum Kim, Mr. Seung-woo Chi, Mr. Kyung-seo Park, Ms. Kum-sil Kang, Ms. Chin-sung Chung,
Ms. Haley Hyun, Ms. Eun-young Kim, Mr. In-kok Park, Mr. Tae-myun Kwon, Ms. Jin-hee Lee,
Ms. Seung-hyun Nam, Ms. Hye-jeong Kim, Ms. Hae-kyung Lee.
Romania
Mr. Doru Costea*, Ms. Carmen Liliana Burlacu, Ms. Steluta Arhire, Mr. Petru Dumitriu,
Ms. Florentina Voicu, Mr. Cristian Badescu, Ms. Dana Bazavan, Ms. Andrea Chiriac, Ms. Adina Stoleru,
Ms. Nicoleta Sarbu, Mr. Florin Petcu.
Russian Federation
Mr. Yuri Fedotov*, Mr. Leonid Skotnikov**, Mr. Vladimir Parshikov**, Mr. Alexander Bavykin,
Mr. Yuri Boichenko, Ms. Marina Korunova, Mr. Grigory Lukiyantsev, Mr. Pavel Chernikov,
Mr. Sergey Berezniy, Mr. Yuri Maslennikov, Mr. Sergey Chumarev, Mr. Andrei Lanchikov,
Mr. Alexander Tokarev, Mr. Yuri Chernikov, Mr. Vasiliy Kuleshov, Mr. Maxim Gorkun-Voevoda,
Mr. Vladislav Ermakov, Mr. Alexey Vlasov, Ms. Nataliya Zolotova, Ms. Galina Hvan,
Mr. Sergey Kondratiev, Ms. Kristina Redesha, Ms. Elena Makeeva, Ms. Natalia Lazareva,
Ms. Anna Kozlova, Ms. Sofia Kuznetzova, Mr. A.A. Nikiforov.
Saudi Arabia
Mr. Abdulwahab Attar*, Mr. Abdullah Rashwan, Mr. Mohammed Al-Agail, Mr. Ahmad Al-Barrak,
Mr. Emad Adham, Mr. Abdullah Al-Sheikh, Mr. Ali Bathitham, Mr. Khalid Al-Wafi.
South Africa
Ms. Bridgitte Mabandla*, Mr. S.G. Nene, Mr. G. Mtshali, Ms. Rosemary Makwane,
Ms. Makhotso Moiloa, Ms. Daisy Mafubelu, Mr. Sam Kotane, Ms. Laura Joyce, Ms. S. Matlhako,
Mr. L. Gumbi, Mr. Ooshara Sewpaul, Mr. Anthony Miyeni, Mr. Pitso Montwedi, Mr. Thando Dalamba,
Mr. Kwetile, Mr. Luvuyo Ndimeni, Ms. Laoura Lazouras.
Sri Lanka
Mr. Lakshman Kadirgamar*, Ms. Sarala Fernando**, Mr. W.J.S. Fernando, Mr. P. Selvaraj,
Mr. R.K. Lenagala, Mr. Sumedha Ekanayake, Mr. S.P.W. Pathirana, Mr. Sugeeshwara Gunaratna,
Mr. D.D. Dissanayake.
Sudan
Mr. Ali Osman Mohamed Yassin*, Mr. Mohamed Elhassan Elhaj**, Mr. Abdelmoniem Osman Taha,
Mr. Elsadig Almagly, Mr. Osama Nugdalla, Mr. Omer Mohammed Siddig, Mr. Muktar Hamato Musa,
Mr. Omar Dahab Mohamed, Mr. Elsiddig Abdalla Abdelaziz, Mr. Eltayeb Haroun, Mr. Muddathir Adlan,
Ms. Ilham Shanter, Mr. Mansour Bolad, Mr. Salh Mubarak, Mr. Zahir Abdelfadil Agab,
Ms. Agbal Ishag Mohamed Elamin, Mr. Ahmed Idris Li, Mr. Eltayeb Haroun Li,
Ms. Muna Eltayeb Mohamed, Ms. Ihsan Mohamed Elrayah, Mr. Salahaldin Abuzaid Mukhtar,
Mr. Hasabo Mohamed Abdelrahman Khames, Ms. Howaida Suleiman Mohamed,
Mr. Zahir Abdelfadil Agabashi.

Swaziland
Mr. J. Nhleko*, Mr. Clifford Sibusiso Mamba.
Togo
Mr. Roland Y. Kpotsra*, Ms. Nakpa Polo, Mr. Babadi Kerezoue, Mr. Kokou Kpayedo.
Ukraine
Mr. Volodymyr Vassylenko*, Mr. Volodymyr Bielashov**, Mr. Borys Zakharchuk,
Ms. Tetiana Semeniuta, Ms. Olena Petrenko, Ms. T. Tselokovska, Mr. Mykola Melenevakiy,
Ms. Tamila Tselikovska.
United Kingdom of Great Britain and Northern Ireland
Mr. Nick Thorne*, Ms. Caroline Rees, Ms. Rebecca Hall, Mr. Robert Dixon, Ms. Helen Upton,
Mr. Joe Lomas, Mr. Andrew Freeman, Mr. Tim Shand, Ms. Sylvia Chubbs, Mr. Edward Brown,
Ms. Kate McCleery, Mr. Richard Wood, Mr. Matthew Preston, Mr. Charles Lonsdale,
Ms. Ina Ellen Ismail, Mr. Stuart Adam, Mr. Edward Inglett, Mr. Robert Last, Mr. Bill Rammell,
Ms. Lisa Glover, Ms. Nicola Mockridge, Ms. Fiona Brand, Mr. James Kingston, Ms. Beth Hopkins,
Mr. Alex Hall.
United States of America
Mr. Rudolph E. Boschwitz*, Mr. Kevin E. Moley**, Ms. Evelyn Aswad, Ms. Stacy Barrios,
Ms. Paula Barton, Mr. Michael Butler, Ms. Lynn Cassel, Mr. John Chamberlin, Mr. Joel Danies,
Ms. Melissa Davis, Mr. Carl Fox, Mr. Robert E. Gribbin, Mr. David Hohman, Mr. Thomas A. Johnson,
Mr. Michael Kozak, Mr. Mark Lagon, Ms. Donna Lee, Ms. Wendy Lubetkin, Mr. William Lucas,
Ms. Amy Mckee, Ms. Sasha Mehra, Ms. Gianni Pa, Mr. T. Michael Peay, Mr. Pierre Prosper,
Ms. Sarah Prosser, Mr. Brooks Robinson, Mr. Christopher Sibilla, Ms. Magda Siekert,
Mr. Charles Stonecipher, Mr. Matthew Waxman, Ms. Michelle Zack, Mr. Goli Ameri,
Mr. Leonard Leo, Mr. Lino Piedra, Ms. Sara Ripoli, Mr. Oliver Pastrano Garza, Ms. Diane Beaver,
Mr. Joseph Crapa, Mr. Joanathan Crock, Ms. Eliana Davidson, Mr. Bryan Del Monte, Mr. Scott Flipse,
Ms. Tara Osborn, Mr. Michael Cromartie, Ms. Felice Diane Gaer Baran, Mr. David Hawk,
Mr. Christopher Smith, Mr. David Killion, Ms. Eleanor Nagy, Ms. Dorothy Taft, Ms. Gretchen Birkle,
Ms. Lucy Tamlyn.
Zimbabwe
Mr. Patrick Chinamasa*, Mr. Chitsaka Chipaziwa**, Mr. Samuel Mhango, Mr. Benjamin Mhiripiri,
Mr. Samson Mukanduri, Mr. Richard Chibuwe, Mr. Mischeck Kitchen.

States Members of the United Nations represented by observers
Afghanistan Equatorial Guinea Oman
Albania Estonia Panama
Algeria Georgia Philippines
Andorra Ghana Poland
Angola Greece Portugal
Austria Haiti Republic of Moldova
Azerbaijan Iceland San Marino
Bahrain Iran (Islamic Republic of) Senegal
Bangladesh Iraq Serbia and Montenegro
Belarus Israel Sierra Leone
Belgium Jamaica Singapore
Belize Jordan Slovakia
Benin Kazakhstan Slovenia
Bolivia Kuwait Solomon Islands
Bosnia and Herzegovina Kyrgyzstan Somalia
Botswana Latvia Spain
Brunei Darussalam Lebanon Sweden
Bulgaria Libyan Arab Jamahiriya Switzerland
Burundi Liechtenstein Syrian Arab Republic
Cambodia Lithuania Thailand
Cameroon Luxembourg The former Yugoslav Republic
Chad Madagascar of Macedonia
Chile Maldives Timor-Leste
Colombia Mali Tunisia
Côte dIvoire Malta Turkey
Croatia Mauritius United Arab Emirates
Cyprus Monaco United Republic of Tanzania
Czech Republic Mongolia Uruguay
Democratic Peoples Morocco Uzbekistan
Republic of Korea Mozambique Venezuela
Democratic Republic of Myanmar Viet Nam
the Congo New Zealand Yemen
Denmark Nicaragua Zambia
Djibouti Niger
El Salvador Norway
Non-member States represented by observers
Holy See
Other Observers
Palestine
United Nations
International Tribunal for Rwanda United Nations Development Programme
Joint United Nations Programme on HIV/AIDS
(UNAIDS)
United Nations Human Settlements Programme
(UN-Habitat)
Office of the United Nations High Commissioner United Nations Population Fund
for Refugees United Nations Relief and Works Agency for
United Nations Childrens Fund Palestine Refugees in the Near East

ANNEX II
General Debate
Agenda itema Meeting No. Speaker
3 Organization of the work of the session 2nd Members: China (on behalf of the like-minded group), Cuba, Egypt, Pakistan (on behalf of the Organization of the Islamic Conference), Republic of Korea (on behalf of the Group of Asian States)
41st Members: Canada (also on behalf of Australia, New Zealand and Switzerland), United States of America
Member (right of reply): Sudan
Observers: Luxembourg (on behalf of the European Union as well as Albania, Bosnia and
Herzegovina, Bulgaria, Croatia, Romania, Serbia and Montenegro, The former Yugoslav Republic of
Macedonia and Turkey), Norway
Non-governmental organizations: African Society of International and Comparative Law, Human
Rights Watch (also on behalf of the International Commission of Jurists, International Federation of
Human Rights Leagues and International Service for Human Rights), International League for the
Rights and Liberation of Peoples, World Union for Progressive Judaism (also on behalf of Association
for World Education and International Humanist and Ethical Union)

a Titles of the items have been abbreviated where appropriate.

Agenda itema Meeting No. Speaker
3 Organization of the work of the session (concluded) 48th Member: Canada Observers: Luxembourg (on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia and Turkey), Norway, Switzerland Observer (right of reply): Colombia Non-governmental organizations: Centre on Housing Rights and Evictions, Colombian Commission of Jurists (also on behalf of Amnesty International and International Commission of Jurists), Franciscans International (also on behalf of Commission of the Churches on International Affairs of the World Council of Churches, Lutheran World Federation and World Alliance of Reformed Churches), Global Rights, Human Rights Watch, International Federation of Human Rights Leagues, International League for the Rights and Liberation of Peoples, International Work Group for Indigenous Affairs, Latin American Federation of Associations of Relatives of Disappeared Detainees, Netherlands Centre for Indigenous Peoples, Womens International League for Peace and Freedom, World Federation of Trade Unions
4 Report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on Human Rights 12th Members: Australia (also on behalf of Canada and New Zealand), Brazil, China, Costa Rica, Cuba, Egypt, Indonesia, Japan, Mexico, Pakistan (on behalf of the Organization of the Islamic Conference), Russian Federation, Sudan, Ukraine Observers: Bahrain, Chile (on behalf of the Convening Group of the Community of Democracies as well as Italy, Peru and Romania), Kuwait, Luxembourg (on behalf of the European Union), Norway Non-governmental organization: Europe-Third World Centre
5 The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation 12th Members: Egypt, Malaysia, Mauritania, Pakistan (on behalf of the Organization of the Islamic Conference), Qatar, Saudi Arabia Observers: Libyan Arab Jamahiriya (on behalf of the Group of Arab States)

Agenda itema Meeting No. Speaker
5 The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation (concluded) 13th Members: China, Cuba, Eritrea, Ethiopia (on behalf of the Group of African States), India, Pakistan, United States of America Members (right of reply): India, Pakistan Observers: Algeria, Bahrain, Israel, Kuwait, Liechtenstein, Oman, Syrian Arab Republic, Palestine Observers (right of reply): Algeria, Morocco Non-governmental organizations: Afro-Asian Peoples Solidarity Organization, Al Haq, Law in the Service of Man, American Association of Jurists, Bnai Brith (also on behalf of the Coordinating Board of Jewish Organizations), European Union of Public Relations, Federation of Associations for the Defence and Promotion of Human Rights, Indigenous World Association, Interfaith International, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, International Islamic Federation of Student Organizations, International League for the Rights and Liberation of Peoples, Jammu and Kashmir Council for Human Rights, UNESCO Centre of Catalonia (also on behalf of Pax Romana (International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students)), United Nations Watch, Womens International League for Peace and Freedom, Womens International Zionist Organization, World Federation of Trade Unions, World Peace Council
6 Racism, racial discrimination, xenophobia and all forms of discrimination 14th Members: Australia, China, Cuba, Ethiopia (on behalf of the Group of African States), Mexico (on behalf of the Group of Latin American and Caribbean States), Nigeria, Pakistan (on behalf of the Organization of the Islamic Conference), Paraguay (on behalf of the Southern Common Market and the associated States), Qatar, Republic of Korea Observers: Libyan Arab Jamahiriya (on behalf of the Arab League), Luxembourg (on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Iceland, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia and Turkey)

Agenda itema Meeting No. Speaker
6 Racism, racial discrimination, xenophobia and all forms of discrimination (concluded) 15th Members: Burkina Faso, Egypt, Eritrea, India, Indonesia, Ireland, Nepal, Pakistan, Russian Federation, Saudi Arabia, South Africa, Sudan, United States of America Members (right of reply): Japan, Malaysia Observers: Angola, Azerbaijan, Bahrain, Democratic Peoples Republic of Korea, Iraq, Iran (Islamic Republic of), Israel, Kuwait, Liechtenstein, Norway, Syrian Arab Republic, Venezuela, Yemen Observers (right of reply): Botswana, Democratic Peoples Republic of Korea Other observers: International Federation of Red Cross and Red Crescent Societies Non-governmental organizations: Afro-Asian Peoples Solidarity Organization, Al-Haq, Law in the Service of Man, American Association of Jurists, Association for World Education, Bnai Brith (also on behalf the Coordinating Board of Jewish Organizations), Canadian HIV/AIDS Legal Network, Colombian Commission of Jurists, European Union of Public Relations, Federation of Cuban Women, Foundation for Aboriginal and Islander Research Action, Franciscans International, Indigenous World Association, Interfaith International, International Association of Jewish Lawyers and Jurists, International Commission of Jurists (also on behalf of International Federation of Human Rights Leagues), International Humanist and Ethical Union, International Movement Against All Forms of Discrimination and Racism, Movement Against Racism and for Friendship Among Peoples, Movimiento Cubano por la Paz y la Soberanía de los Pueblos, National Union of Jurists of Cuba, UNESCO Centre of Catalonia (also on behalf of Pax Romana (International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students)), Voluntary Action Network India, World Peace Council, World Union for Progressive Judaism
7 The right to development 16th Members: Argentina, Armenia, China (on behalf of the like-minded group), Congo, Cuba, Ecuador, Egypt, Ethiopia, India, Indonesia, Malaysia (on behalf of the Non-Aligned Movement and China), Mexico (on behalf of the Group of Latin American and Caribbean States), Nepal, Nigeria, Pakistan, Qatar, Saudi Arabia, United States of America Observers: Libyan Arab Jamahiriya (on behalf of the Arab League), Luxembourg (on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Iceland, Norway, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia, and Turkey)

Agenda itema Meeting No. Speaker
7 The right to development (concluded) 17th Members: Eritrea, Ethiopia (on behalf of the Group of African States), Mauritania, Sudan Observers: Algeria, Angola, Azerbaijan, Bahrain, Iraq, Iran (Islamic Republic of), Jordan, Kuwait, Oman, Philippines, Syrian Arab Republic, Thailand, Yemen, Zambia, Holy See Observer (right of reply): Greece Other observers: United Nations Development Programme, World Bank Non-governmental organizations: Afro-Asian Peoples Solidarity Organization, Europe-Third World Centre, Federation of Cuban Women, Foundation for Aboriginal and Islander Research Action, Franciscans International (also on behalf of Dominicans for Justice and Peace (Order of Preachers)), International Committee for the Respect and the Application of the African Charter on Human and Peoples Rights, International Federation of Rural Adult Catholic Movements, International Federation of University Women (also on behalf of seven non-governmental organizations), International Indian Treaty Council, International Institute for Peace, Movimiento Cubano por la Paz y la Soberanía de los Pueblos, National Union of Jurists of Cuba, New Humanity (also on behalf of International Organization for the Development of Freedom of Education and International Young Catholic Students), Tebtebba Foundation (Indigenous Peoples International Centre for Policy Research and Education), Union de laction féminine, World Federation of Trade Unions, World Muslim Congress, World Peace Council
8 Question of the violation of human rights in the occupied Arab territories, including Palestine 18th Members: Australia, China, Congo, Cuba, Egypt, India, Indonesia, Malaysia, Mauritania, Pakistan (on behalf of the Organization of the Islamic Conference), Qatar, Russian Federation, Saudi Arabia, South Africa, Sudan, United States of America, Zimbabwe Observers: Algeria, Bahrain, Iran (Islamic Republic of), Israel, Jordan, Kuwait, Libyan Arab Jamahiriya (on behalf of the Group of Arab States), Luxembourg (on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Norway, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia and Turkey), Morocco, Norway, Oman, Switzerland, Syrian Arab Republic, Tunisia, United Arab Emirates, Yemen, Palestine Other observer: Arab League Non-governmental organizations: Al-Haq, Law in the Service of Man (also on behalf of International Federation of Human Rights Leagues and World Organization Against Torture), Bnai Brith (also on behalf of Coordinating Board of Jewish Organizations), Franciscans International, International Commission of Jurists, International Organization for the Elimination of All Forms of Racial Discrimination (also on behalf of Arab Lawyers Union), United Nations Watch (also on behalf of 10 non-governmental organizations)

Agenda itema Meeting No. Speaker
8 Question of the violation of human rights in the occupied Arab territories, including Palestine (concluded) 19th Observers (right of reply): Lebanon, Syrian Arab Republic Non-governmental organizations: Centre on Housing Rights and Evictions, Federation of Cuban Women, Habitat International Coalition, International Association of Jewish Lawyers and Jurists, International Save the Children Alliance, Médecins du Monde - International, Movimiento Cubano por la Paz y la Soberanía de los Pueblos, National Union of Jurists of Cuba, North South XXI, Simon Wiesenthal Centre, Womens International Zionist Organization
9 Question of the violation of human rights and fundamental freedoms in any part of the world 19th Members: Egypt, India, Japan, Pakistan (on behalf of the Organization of the Islamic Conference), Republic of Korea, Russian Federation, Zimbabwe Members (right of reply): India, Mauritania, Zimbabwe Observers: Cyprus, Democratic Peoples Republic of Korea, Greece, Lebanon, Libyan Arab Jamahiriya (on behalf of the Group of Arab States), Luxembourg (on behalf of the European Union as well as Albania, Bulgaria, Croatia and Romania), New Zealand, Nicaragua, Syrian Arab Republic, Turkey Observers (right of reply): Cyprus, Democratic Peoples Republic of Korea, Uganda
20th Member: China Members (right of reply): Armenia, China, Cuba, India, Japan, Nepal, Pakistan, Saudi Arabia, Togo Observers: Kuwait, Norway, Venezuela Observers (right of reply): Azerbaijan, Cyprus, Democratic Peoples Republic of Korea, Latvia, Turkey

Agenda itema Meeting No. Speaker
9 Question of the violation of human rights and fundamental freedoms in any part of the world (concluded) 20th Non-governmental organizations: American Association of Jurists, Asian Legal Resource Centre, Association for World Education, Bahai International Community, Canadian Council of Churches, Centre on Housing Rights and Evictions, Dominicans for Justice and Peace (Order of Preachers) (also on behalf of four non-governmental organizations), Federation of Cuban Women (also on behalf of five non-governmental organizations), Europe-Third World Centre, Foundation of Japanese Honorary Debts, Franciscans International, Habitat International Coalition, Human Rights Watch, Indigenous World Association, International Association of Democratic Lawyers, International Commission of Jurists, International Federation of Human Rights Leagues, International Federation of Rural Adult Catholic Movements, International League for Human Rights (also on behalf of International Helsinki Federation for Human Rights), International Movement Against All Forms of Discrimination and Racism, International Non-Governmental Organizations Forum on Indonesian Development, International Save the Children Alliance, International Service for Human Rights, Jammu and Kashmir Council for Human Rights, Médecins du monde - International, North South XXI, South Asia Human Rights Documentation Centre, World Federation of Trade Unions, World Organization Against Torture, World Peace Council, World Union for Progressive Judaism (also on behalf of Simon Wiesenthal Centre), Young Doctors without Borders Tunisia
21st Members: Australia, Canada, Cuba, Eritrea, Indonesia, Kenya, United States of America
Members (right of reply): Australia, China, Cuba, Eritrea, Japan, Nepal, Sudan, Zimbabwe
Observers (right of reply): Bangladesh, Colombia, Côte dIvoire, Cyprus, Democratic Peoples Republic of Korea, Philippines, Syrian Arab Republic, Turkey, Venezuela, Viet Nam
Non-governmental organizations: Afro-Asian Peoples Solidarity Organization, Amnesty International, Arab Lawyers Union, Asian Forum for Human Rights and Development, Centrist Democratic International, Centro de Estudios Europeos, European Union of Public Relations, Interfaith International, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, International Human Rights Association of American Minorities, International Islamic Federation of Student Organizations, International League for the Rights and Liberation of Peoples, International Union of Socialist Youth, International Youth and Student Movement for the United Nations, Movement Against Racism and for Friendship Among Peoples, Pax Romana (International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students) (also on behalf of Catholic Institute for International Relations and Franciscans International), Tebtebba Foundation (Indigenous Peoples International Centre for Policy Research and Education)

Agenda itema Meeting No. Speaker
10 Economic, social and cultural rights 23rd Members: Congo, Cuba, Egypt, India, Mexico (on behalf of the Group of Latin American and Caribbean States), Pakistan Observers: Libyan Arab Jamahiriya (on behalf of the Arab League), Luxembourg (also on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Norway, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia and Turkey)
24th Members: China, Indonesia, Nigeria, Russian Federation, South Africa, Sri Lanka, Sudan, Ukraine
25th Members: Argentina, Armenia, Eritrea, Kenya, Mauritania, Nepal, Republic of Korea Observers: Chile, Iran (Islamic Republic of), Iraq, Kuwait, Switzerland, Viet Nam, Yemen Other observers: International Federation of Red Cross and Red Crescent Societies, United Nations Human Settlements Programme (UN-Habitat), World Bank
26th Member (right of reply): Nigeria Observers: Algeria, Azerbaijan, Cameroon, Morocco, Portugal, Senegal, Venezuela, Holy See Other observers: African Union, Joint United Nations Programme on HIV/AIDS (UNAIDS), United Nations Educational, Scientific and Cultural Organization, World Health Organization Non-governmental organizations: American Association of Jurists, Association of World Education (also on behalf of International Humanist and Ethical Union), Centre on Housing Rights and Evictions, Centrist Democratic International, Centro de Estudios Europeos, Centro de Estudios Sobre la Juventud, Dominicans Justice (also on behalf of Dominican Leadership Conference and Pax Christi International), Earthjustice (also on behalf of Human Rights Advocates), Europe-Third World Centre, Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, Federation of Cuban Women (also on behalf of National Union of Jurists of Cuba), FIAN -Foodfirst Information and Action Network, Franciscans International (also on behalf of International Federation of Human Rights Leagues and World Organization against Torture), Habitat International Coalition, International Commission of Jurists (also on behalf of Amnesty International and Colombian Commission of Jurists), International Committee for the Respect and the Application of the African Charter on Human and Peoples Rights, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, International Federation of Human Rights Leagues, International Federation of Rural Adult Catholic Movements, International Federation of University Women (also on behalf of 12 non-governmental organizations), International Fellowship of Reconciliation, International Movement for Fraternal Union among Races and Peoples, International Organization for the Development of Freedom of Education, International Womens Rights Action Watch, Japanese Workers Committee for Human Rights, Jubilee Campaign, Liberation, Lutheran World Federation,

Agenda itema Meeting No. Speaker
10 Economic, social and cultural rights (concluded) 26th Marangopoulos Foundation for Human Rights, Movement against Racism and for Friendship among Peoples, Organization of Solidarity of the Peoples of Africa, Asia and Latin America, Organization of African Trade Union Unity, Permanent Assembly for Human Rights, Sociedad Cultural José Martí, Transnational Radical Party, World Federation of Democratic Youth and World Organization against Torture
27th Members (right of reply): China, Sri Lanka
Observers (right of reply): Cameroon, Chile
Non-governmental organizations: Afro-Asian Peoples Solidarity Organization, Asian Forum for Human Rights and Development, Asian Indigenous and Tribal Peoples Network, Asian Legal Resource Centre, Asia Pacific Forum on Women, Law and Development, Association tunisienne pour lauto-développement et la solidarité, Becket Fund for Religious Liberty, Commission of the Churches on International Affairs of the World Council of Churches, Foundation for Aboriginal and Islander Research Action, Himalayan Research and Cultural Foundation, Human Rights Council of Australia, Indigenous World Association, International Alliance of Women, International Association against Torture, International Association of Democratic Lawyers, International Centre for Human Rights and Democratic Development (Rights and Democracy) (also on behalf of seven non-governmental organizations), International Educational Development, International Federation of Social Workers, International Human Rights Association of American Minorities, International Islamic Federation of Student Organizations, International Movement ATD Fourth World, International NGO Forum on Indonesian Development, International Religious Liberty Association, International Youth and Student Movement for the United Nations, Ius Primi Viri International
Association, Liberal International, Madre, Inc., Mouvement international ATD Quart Monde,
Movimiento Cubano por la Paz y la Soberanía de los Pueblos, North South XXI, Open Society Institute, Organization for Defending Victims of Violence, Pax Romana (International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students) (also on behalf of International Young Catholic Students), PEN International, Rural Development Foundation of Pakistan, Rural Reconstruction Nepal, Society for Threatened Peoples, Tebtebba Foundation (Indigenous Peoples International Centre for Policy Research and Education), Union of Arab Jurists, Womens International League for Peace and Freedom, World Muslim Congress, World Peace Council

Agenda itema Meeting No. Speaker
11 27th Members: Egypt, India
Civil and political rights
28th Members: Armenia, Bhutan, Congo, Costa Rica, Indonesia, Kenya, Mauritania, Mexico (on behalf of the Group of Latin American and Caribbean States), Paraguay (on behalf of the Southern Common Market and the associated States), Peru, Qatar, Republic of Korea, Romania, Sri Lanka, Ukraine, United States of America Observer: Luxembourg (on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Iceland, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia and Turkey) Observer (right of reply): Greece
30th Members: Argentina, Cuba, Eritrea, Ireland, Pakistan, Romania (on behalf of the community of States having the French language in common), Zimbabwe
Members (right of reply): United Kingdom of Great Britain and Northern Ireland, Zimbabwe
Observers: Algeria, Belarus, Bosnia and Herzegovina, Chile, Cyprus, Denmark, Iraq, Jordan, Kuwait,
Norway, Rwanda, Serbia and Montenegro, Solomon Islands, Switzerland, Thailand, Tunisia, Uzbekistan,
Venezuela, Yemen
Observers (right of reply): Cyprus, Turkey, Holy See
Other observers: African Union, International Federation of Red Cross and Red Crescent Societies,
Inter-Parliamentary Union, the United Nations Educational, Scientific and Cultural Organization

Agenda itema Meeting No. Speaker
11 Civil and political rights (continued) 30th Non-governmental organizations: Amnesty International, Bahai International Community, Centro de Estudios Sobre la Juventud (also on behalf of Federation of Cuban Women and National Union of Jurists of Cuba), Conscience and Peace Tax International, Dominicans for Justice and Peace (Order of Preachers) (also on behalf of four non-governmental organizations), Friends World Committee for Consultation (Quakers), General Arab Women Federation (also on behalf of six non-governmental organizations), International Association for Religious Freedom (also on behalf of nine non-governmental organizations), International Helsinki Federation for Human Rights (also on behalf of International League for Human Rights), International Organization for the Elimination of All Forms of Racial Discrimination (also on behalf of Arab Lawyers Union), International PEN (also on behalf of the International Publishers Association), Marangopoulos Foundation for Human Rights, World Peace Council (also on behalf of Movimiento Cubano por la Paz y la Soberanía de los Pueblos)
32nd Member: China
Member (right of reply): Sudan
Non-governmental organizations: Association for the Prevention of Torture, Colombian
Commission of Jurists, Coordinating Board of Jewish Organizations (also on behalf of Bnai Brith), Europe-Third World Centre, Human Rights Watch, International Commission of Jurists, International Federation of Human Rights Leagues, International Organization for the Development of Freedom of Education, Organization of Solidarity of the Peoples of Africa, Asia and Latin America, United Nations Watch, World Federation of Trade Unions, World Organization against Torture

Agenda itema Meeting No. Speaker
11 Civil and political rights (continued) 33rd Members (right of reply): India, Pakistan Observers (right of reply): Azerbaijan, Rwanda, Viet Nam, Zambia Non-governmental organizations: Afro-Asian Peoples Solidarity Organization, Agir ensemble pour les droits de l?homme, American Association of Jurists, Asian Legal Resource Centre, Association for World Education, A Womans Voice International, Catholic Institute for International Relations (also on behalf of Asian Forum for Human Rights and Development and Netherlands Organization for International Development Cooperation), Centrist Democratic International, Centro de Derechos Humanos Miguel Agustín Pro Juarez, Centro de Estudios Europeos, Consultative Council of Jewish Organizations, European Union of Public Relations, General Conference of the Seventh-Day Adventists, Himalayan Research and Cultural Foundation, Human Rights Advocates, Inc., Indigenous World Association (also on behalf of Rural Development Foundation of Pakistan and Womens International League for Peace and Freedom), International Association against Torture, International Association for the Defence of Religious Liberty, International Committee for the Respect and the Application of the African Charter on Human and Peoples Rights, International Criminal Defence Attorneys Association, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, International Federation of Human Rights Leagues (also on behalf of Agir ensemble pour les droits de l?homme), International Fellowship of Reconciliation, International Helsinki Federation for Human Rights, International Humanist and Ethical Union, International Indian Treaty Council, International Institute for Peace, International League for Human Rights, International League for the Rights and Liberation of Peoples, International NGO Forum on Indonesian Development, International Religious Liberty Association, International Youth and Student Movement for the United Nations, José Marti Cultural Society, Jubilee Campaign, Latin American Federation of Associations of Relatives of Disappeared Detainees, Liberal International, Liberation, Movement against Racism and for Friendship among Peoples, Movimiento Cubano por la Paz y la Soberanía de los Pueblos, Open Society Institute, Organization for Defending Victims of Violence, Permanent Assembly for Human Rights, Society for Threatened Peoples, South Asia Human Rights Documentation Centre, Transnational Radical Party, World Federation of Democratic Youth

Agenda itema Meeting No. Speaker
11 34th Members (right of reply): Armenia, Burkina Faso, Eritrea, Nigeria, Togo
Civil and political rights (concluded) Observers (right of reply): Azerbaijan, Bangladesh, Colombia, Iraq, Philippines, Thailand
Non-governmental organizations: African Society of International and Comparative Law, American Civil Liberties Union, Anti-Racism Information Service, Anti-Slavery International, Asian Forum for Human Rights and Development, Becket Fund for Religious Liberty, Canadian HIV/AIDS Legal Network, Interfaith International, International Alliance of Women, International Association of
Democratic Lawyers, International Educational Development, Inc., International Human Rights Association of American Minorities, International Islamic Federation of Student Organizations, International League for Human Rights (also on behalf of Human Rights Council of Australia), International Rehabilitation Council for Torture Victims, International Union of Socialist Youth,
Japanese Workers Committee for Human Rights, Netherlands Organization for International Development Cooperation, North South XXI, Organization of African Trade Union Unity, Pax Christi International - International Catholic Peace Movement, Philippine Human Rights Information Center, Reporters without Borders - International, Rural Reconstruction Nepal, United Nations Association of San Diego, War Resisters International, World Muslim Congress, World Union for Progressive Judaism, Worldview International Foundation
12 35th Members: Australia (also on behalf of Canada and New Zealand), Cuba, Egypt, Malaysia, Pakistan
Integration of the human rights of Observer: Libyan Arab Jamahiriya (on behalf of the Arab League)
women and the gender perspective 36th Members: Armenia, Bhutan, Brazil, Burkina Faso, China, Dominican Republic, Ecuador, Eritrea, Germany, Honduras, India, Indonesia, Ireland, Japan, Kenya, Lithuania (on behalf of the Baltic and
Nordic States), Mauritania, Mexico (on behalf of the Group of Latin American and Caribbean States),
Nigeria, Paraguay, Qatar, Republic of Korea, Romania, Russian Federation, South Africa, Ukraine,
United States of America
Members (right of reply): Japan, Republic of Korea
Observers: Luxembourg (on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Iceland, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia and Turkey), Turkey
Observer (right of reply): Iran (Islamic Republic of)

Agenda itema Meeting No. Speaker
Integration of twomen and the(continued) 12 he human rights of gender perspective 37th Observers: Afghanistan, Algeria, Azerbaijan, Bahrain, Bangladesh, Cameroon, Chile, Colombia, Croatia, Democratic Peoples Republic of Korea, Democratic Republic of the Congo, Haiti, Iraq, Israel, Jordan, Libyan Arab Jamahiriya, Liechtenstein, Morocco, Myanmar, Nicaragua, Norway, Oman, Poland, Senegal, Syrian Arab Republic, Thailand, Venezuela, Viet Nam, Yemen Other observers: African Union, International Federation of Red Cross and Red Crescent Societies, Joint United Nations Programme on HIV/AIDS (UNAIDS), United Nations Population Fund, World Bank, World Health Organization Non-governmental organizations: Amnesty International (also on behalf of Centre for Womans Global Leadership), Association for World Education (also on behalf of World Union for Progressive Judaism), Canadian HIV/AIDS Legal Network, Centro de Estudios sobre la Juventud (also on behalf of Federation of Cuban Women and National Union of Jurists of Cuba), Coalition against Trafficking in Women (also on behalf of four non-governmental organizations), Femmes Africa solidarité (also on behalf of 13 non-governmental organizations), Human Rights Advocates, Inc. (also on behalf of the International Council of Women), International Council of Women (also on behalf of nine non-governmental organizations), Womens International Zionist Organization, World Organization against Torture, World Young Womens Christian Association (also on behalf of General Arab Women Federation)

Agenda itema Meeting No. Speaker
Integration of twomen and the(concluded) 12 he human rights of gender perspective 38th Member (right of reply): Japan Observer (right of reply): Democratic Peoples Republic of Korea Non-governmental organizations: All-China Womens Federation, Asia-Japan Womens Resource Centre, Asia Pacific Forum on Women, Law and Development, A Womans Voice International, Becket Fund for Religious Liberty, Centrist Democratic International, European Union of Public Relations, Friends World Committee for Consultation (Quakers), General Conference of the Seventh-Day Adventists, Indian Council of Education, International Alliance of Women, International Committee for the Respect and the Application of the African Charter on Human and Peoples Rights, International Confederation of Free Trade Unions, International Educational Development, Inc., International Helsinki Federation for Human Rights, International Humanist and Ethical Union, International Institute for Non-Aligned Studies, International Institute for Peace, International Islamic Federation of Student Organizations, International Movement Against All Forms of Discrimination and Racism, International Organization for the Development of Freedom of Education (also on behalf of the Womens Board Educational Cooperation Society), International Religious Liberty Association, International Volunteerism Organization for Women Education and Development, International Womens Rights Action Watch, Japanese Workers Committee for Human Rights, Jubilee Campaign, Korean Womens Associations United, Liberation, National Federation of International Immigrant Women Associations, Open Society Institute, Organization of Solidarity of the Peoples of Africa, Asia and Latin America, Organisation tunisienne de léducation et de la famille, Organization for Defending Victims of Violence, Permanent Assembly for Human Rights, Rural Reconstruction Nepal, Society for Threatened Peoples, Tebtebba Foundation (Indigenous Peoples International Centre for Policy Research and Education), Union de laction féminine, World Alliance of Young Mens Christian Associations, World Young Women?s Christian Associations
39th Observer (right of reply): Côte dIvoire
Non-governmental organizations: African Commission of Health and Human Rights Promoters,
International Association of Democratic Lawyers, International Human Rights Association of
American Minorities, International Indian Treaty Council, International NGO Forum on Indonesian Development, International Union of Socialist Youth, Liberal International, Netherlands Organization
for International Development Cooperation, Network of Womens Non-Governmental Organizations
in the Islamic Republic of Iran, North South XXI, United Nations Association of San Diego,
World Muslim Congress

Agenda itema Meeting No. Speaker
Rights of the child 13 39th Members: Burkina Faso, Cuba, Egypt, Mexico (on behalf of the Group of Latin American and Caribbean States), Nigeria, Pakistan, Paraguay (on behalf of the Southern Common Market and the associated States), Qatar, Romania, Ukraine Observers: Luxembourg (on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia and Turkey) and New Zealand (also on behalf of Australia and Canada)
40th Members: Brazil, China, Congo, Eritrea, Ethiopia (on behalf of the Group of African States), Honduras, India, Indonesia, Kenya, Malaysia, Mauritania, Republic of Korea, Russian Federation, South Africa, Sri Lanka, Sudan
Observers: Angola, Azerbaijan, Bahrain, Croatia, Democratic Republic of the Congo, Iran (Islamic Republic of), Iraq, Monaco, Myanmar, Nicaragua, Norway, Oman, San Marino, Slovenia, Syrian Arab Republic, Tanzania, United Arab Emirates, Venezuela, Viet Nam, Yemen, Zambia Other observers: International Federation of Red Cross and Red Crescent Societies, International Labour Office, United Nations Childrens Fund, World Health Organization
41st Members (right of reply): Japan, Republic of Korea Observers: Belarus, Colombia, Morocco, Republic of Moldova, Thailand Non-governmental organizations: Agir ensemble pour les droits de lhomme, Andean Commission of Jurists, A Womans Voice International, Becket Fund for Religious Liberty, Friends World Committee for Consultation (Quakers), General Conference of the Seventh-Day Adventists, Human Rights Advocates, Inc. (also on behalf of Human Rights Council of Australia and International Criminal Defense Attorneys Association), Indian Council of Education, International Alliance of Women, International Catholic Child Bureau (also on behalf of four non-governmental organizations), International Committee for the Respect and the Application of the African Charter on Human and Peoples Rights, International Federation of University Women (also on behalf of 10 non-governmental organizations), International Federation Terre des Hommes, International Save the Children Alliance, International Social Service (also on behalf of four non-governmental organizations), International Union of Socialist Youth, Jubilee Campaign, National Federation of International Immigrant Women Associations, Open Society Institute, Organization for Defending Victims of Violence, Peace Boat, Permanent Assembly for Human Rights, Union de laction féminine, World Organization against Torture, World Vision International

Agenda itema Meeting No. Speaker
13 Rights of the child (concluded) 43rd Members (right of reply): China, Sri Lanka Observer (right of reply): Colombia Non-governmental organizations: Asia-Japan Womens Resource Centre, Centre on Housing Rights and Evictions, Consultative Council of Jewish Organizations, Human Rights Council of Australia, International Educational Development, Inc., International Human Rights Association of American Minorities, International Institute for Non-Aligned Studies, International Islamic Federation of Student Organizations, International Young Catholic Students, Japanese Workers Committee for Human Rights, Liberal International, MADRE, Inc., Netherlands Organization for International Development Cooperation, Society for Threatened Peoples, United Nations Association of San Diego, United Nations Watch, World Young Womens Christian Association (also on behalf of Womens International League for Peace and Freedom)
14 Specific groups and individuals 44th Members: Burkina Faso, Ecuador, Egypt, Finland, India, Indonesia, Mexico (on behalf of the Group of Latin American and Caribbean States), Pakistan
45th Members: Armenia, China, Cuba, Ethiopia, Honduras, Hungary, Ireland, Kenya, Nepal, Romania, Russian Federation, Sri Lanka, Ukraine
Observers: Austria, Azerbaijan, Chile, Croatia, Cyprus, Democratic Republic of the Congo, El Salvador, Iraq, Israel, Morocco, New Zealand, Norway (on behalf of the Nordic States), Philippines, Poland, Serbia and Montenegro, Singapore, Spain, Switzerland, Thailand, Turkey, Venezuela
Observers (right of reply): Cyprus, Turkey
Other observers: African Union, International Committee of the Red Cross, International Federation of Red Cross and Red Crescent Societies, International Labour Organization, International Organization for Migration, Joint United Nations Programme on HIV/AIDS (UNAIDS)
Non-governmental organizations: Franciscans International (also on behalf of Dominican Leadership Conference and Dominicans for Justice and Peace (Order of Preachers)), Friends World Committee for Consultation (Quakers) (also on behalf of Amnesty International), Interfaith International, Médecins du monde - International

Agenda itema Meeting No. Speaker
14 Specific groups and individuals (concluded) 48th Non-governmental organizations: Becket Fund for Religious Liberty (also on behalf of World Evangelical Alliance), Human Rights Advocates, Inc. (also on behalf of National Association of Criminal Defense Lawyers), International Association of Gerontology (also on behalf of 15 non-governmental organizations), International Service for Human Rights (also on behalf of Canadian HIV/AIDS Legal Network and Human Rights Council of Australia), Lutheran World Federation (also on behalf of four non-governmental organizations), Transnational Radical Party
49th Member (right of reply): Sri Lanka Non-governmental organizations: Association for World Education, Becket Fund for Religious Liberty, Colombian Commission of Jurists, European Union for Public Relations, Europe-Third World Centre, Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, General Conference of the Seventh-Day Adventists, International Commission of Jurists (also on behalf of Landmine Survivors Network), International Confederation of Free Trade Unions, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, International Federation of Free Journalists, International Humanist and Ethical Union, International Indian Treaty Council, International NGO Forum on Indonesian Development, International Organization for the Development of Freedom of Education, International Religious Liberty Association, Movement against Racism and for Friendship among Peoples, Permanent Assembly for Human Rights, Society for Threatened Peoples, World Federation of Trade Unions
51st Non-governmental organizations: Anti-Slavery International, Canadian HIV/AIDS Legal Network, Center for International Rehabilitation, Coordinating Board of Jewish Organizations (also on behalf of Bnai Brith), Human Rights Council of Australia, International Council of AIDS Service Organizations, International Movement for Fraternal Union Among Races and Peoples, Jubilee Campaign, Minority Rights Group International (also on behalf of International Movement Against All Forms of Discrimination and Racism), South Asia Human Rights Documentation Centre, World Union for Progressive Judaism, Worldview International Foundation

Agenda itema Meeting No. Speaker
15 42nd Members: Australia, Canada, China, Cuba, Ecuador, Germany, Mexico (on behalf of the Group of
Indigenous issues Latin American and Caribbean States), Peru, Russian Federation Observers: New Zealand, Norway (on behalf of the Nordic countries as well as Estonia and
Switzerland), Venezuela
Other observers: International Labour Organization, United Nations Educational, Scientific and
Cultural Organization, World Health Organization
Non-governmental organizations: American Association of Jurists, Amnesty International (also on
behalf of Friends World Committee for Consultation (Quakers) and International Centre for Human
Rights and Democratic Development (Rights and Democracy)), Colombian Commission of Jurists,
Indigenous World Association (also on behalf of Rural Development Foundation of Pakistan and
Womens International League for Peace and Freedom), International Commission of Jurists (also on
behalf of Andean Commission of Jurists), International Federation for the Protection of the Rights of
Ethnic, Religious, Linguistic and Other Minorities, International Federation of Rural Adult Catholic
Movements, Jubilee Campaign, Tebtebba Foundation (Indigenous Peoples International Centre for
Policy Research and Education), Transnational Radical Party, World Peace Council (also on behalf of
four non-governmental organizations)

Agenda itema Meeting No. Speaker
15 Indigenous issues (concluded) 43rd Non-governmental organizations: American Indian Law Alliance, Anti-Racism Information Service, Asian Indigenous and Tribal Peoples Network, Asia Pacific Forum on Women, Law and Development, Assembly of First Nations - National Indian Brotherhood, Association of World Citizens, Commission of the Churches on International Affairs of the World Council of Churches, Foundation for Aboriginal and Islander Research Action, France Libertés - Fondation Danielle Mitterrand, Global Rights, Indian Council of South America (also on behalf of International Educational Development, Inc.), Indian Law Resource Center, Indigenous World Association, Innu Council of Nitassinan, International Association against Torture, International Committee for the Indians of the Americas (Incomindios Switzerland), International Indian Treaty Council, International Organization of Indigenous Resources Development, International Volunteerism Organization for Women, Education and Development, International Working Group for Indigenous Affairs, Inuit Circumpolar Conference (also on behalf of Assembly of First Nations - National Indian Brotherhood, Grand Council of the Crees (Eeyou Istchee), National Association of Criminal Defence Lawyers), Latin American Federation of Associations of Relatives of Disappeared Detainees, Liberation, National Association of Criminal Defense Lawyers, Netherlands Centre for Indigenous Peoples, Saami Council
Report of the Promoti on andRights 16 Sub-Commission on the Protection of Human 51st Members: Cuba, Egypt Observer: Venezuela Non-governmental organizations: Anti-Slavery International (also on behalf of 10 non-governmental organizations), Association for World Education (also on behalf of Association of World Citizens and International Humanist and Ethical Union), International Commission of Jurists (also on behalf of the Human Rights Council of Australia and International Service for Human Rights), National Association of Criminal Defense Lawyers (also on behalf of International Alert), Nuclear Age Peace Foundation

Agenda itema Meeting No. Speaker
17 Promotion and protection of human rights 51st Members: Chile (on behalf of the Convening Group of the Community of Democracies, Italy, Peru and Romania), Cuba, Egypt, Mexico (on behalf ofthe Group of Latin American and Caribbean States), Pakistan
52nd Members: Argentina, China, Costa Rica, Germany, Ireland, Kenya, Mexico, Paraguay (on behalf of the Southern Common Market and the associated States), Qatar, Saudi Arabia,
Sri Lanka
Observers: Jordan, Kazakhstan, Kuwait, Luxembourg (on behalf of the European Union as well as
Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Romania, The former Yugoslav Republic of
Macedonia and Turkey), New Zealand (also on behalf of Andorra, Argentina, Austria, Belgium,
Canada, Chile, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Guatemala, Iceland, Ireland, Luxembourg, Mexico, Netherlands, Norway, Portugal, Republic of Korea,
Romania, Slovenia, Spain, Sweden, Switzerland, United Kingdom of Great Britain and Northern
Ireland, Uruguay and Venezuela), Norway, Poland, Republic of Moldova, San Marino, Singapore,
Switzerland, Thailand
Observer (right of reply): Iraq
Other observers: African Union, United Nations Educational, Scientific and Cultural
Organization

Agenda itema Meeting No. Speaker
17 Promotion and protection of human rights (continued) 53rd Members: United States of America Observers: Cameroon, Liechtenstein, Zambia Non-governmental organizations: Amnesty International, Canadian HIV/AIDS Legal Network, Centre on Housing Rights and Evictions, Centrist Democratic International, Colombian Commission of Jurists, Dominicans for Justice and Peace (Order of Preachers) (also on behalf of 11 non-governmental organizations), Earthjustice, Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos (also on behalf of World Federation of United Nations Associations), France Libertés -Fondation Danielle Mitterrand, Fraternité Notre Dame, Inc., Human Rights Council of Australia, Human Rights Watch, International Institute of Humanitarian Law, Interfaith International, International Association of Democratic Lawyers (also on behalf of five non-governmental organizations), International Commission of Jurists, International Fellowship of Reconciliation, International Humanist and Ethical Union (also on behalf of Association for World Education and Association of World Citizens), International League for Human Rights (also on behalf of International Helsinki Federation for Human Rights), International League for the Rights and Liberation of Peoples (also on behalf of 20 non-governmental organizations), International Movement for Fraternal Union Among Races and Peoples, International Movement of Apostolate in the Independent Social Milieus International Service for Human Rights (also on behalf of 11 non-governmental organizations, International Union of Socialist Youth (also on behalf of World Federation of Democratic Youth), International Youth and Student Movement for the United Nations, Marangopoulos Foundation for Human Rights, National Association of Criminal Defense Lawyers, New Humanity (also on behalf of International Organization for the Development of Freedom of Education), North South XXI, Peoples Decade of Human Rights Education, Rural Reconstruction Nepal, Soka Gakkai International (also on behalf of 13 non-governmental organizations), South Asia Human Rights Documentation Centre, Transnational Radical Party, UNESCO Centre Basque Country, World Organization against Torture (also on behalf of International Federation of Human Rights Leagues)

Agenda itema Meeting No. Speaker
17 Promotion and protection of human rights (concluded) 54th Observer (right of reply): Colombia Non-governmental organizations: Agir ensemble pour les droits de lhomme, Asian Forum for Human Rights and Development, Asian Legal Resource Centre, Collectif des organisations des jeunes solidaires du Congo-Kinhasa, Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, Foundation for Aboriginal and Islander Research Action, General Arab Women Federation (on behalf of 40 non-governmental organizations), International Young Catholic Students, MINBYUN -Lawyers for a Democratic Society (also on behalf of Peoples Solidarity for Participatory Democracy), National Coalition to Abolish the Death Penalty, Permanent Assembly for Human Rights, World Union for Progressive Judaism
18 Effective functioning of human rights mechanisms 46th National and regional institutions: Asia Pacific Forum of National Human Rights Institutions, Canadian Human Rights Commission, Comisionado Nacional de los Derechos Humanos de Honduras, Comité supérieur des droits de lhomme et des libertés fondamentales (Tunisia), Coordinating Committee of African National Human Rights Institutions for the Promotion and Protection of Human Rights, Danish Institute for Human Rights, Defensoría del Pueblo de la Nacion de Argentina, Defensoría del Pueblo de Venezuela, European Group of National Institutions for the Promotion and Protection of Human Rights, Human Rights Advsiory Council of Morocco, Human Rights and Equal Opportunity Commission of Australia, Human Rights Commission of New Zealand, Human Rights Ombudsman of Guatemala, Ibero-American Federation of Ombudsman, International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, Kenya National Commission on Human Rights, Malawi Human Rights Commission, National Commission on Human Rights and Fundamental Freedoms of Niger, National Council for Human Rights of Egypt, National Human Rights Commission of India, National Human Rights Commission of Mexico, National Human Rights Commission of Nepal, National Human Rights Commission of the Republic of Korea, National Human Rights Commission of Togo, Network of National Human Rights Institutions of the Americas, Procuraduría para la Defensa de los Derechos Humanos de Nicaragua

Agenda itema Meeting No. Speaker
18 Effective functioning of human rights mechanisms (continued) 47th National institutions: Adviser Council for Human Rights of Sudan, Afghanistan Independent Human Rights Commission, Association francophone des commissions nationales des droits de lhomme, Commission fédérale suisse contre le racisme, Commission nationale consultative de promotion et de protection des droits de lhomme (Algeria), Commission on Human Rights of the Philippines, Consultative Commission on Human Rights of France, Defensor del Pueblo de Bolivia, Defensoría del Pueblo de Colombia, Defensoría del Pueblo de Paraguay, Defensoría del Pueblo de Peru, German Institute for Human Rights, National Commission for Human Rights of Greece, Human Rights Defender of Armenia, Indonesian National Commission on Human Rights, National Human Rights Commission of Rwanda, National Human Rights Committee of Qatar, National Human Rights Institution of Sri Lanka, Northern Ireland Human Rights Commission, Human Rights Commissioner of Kazakhstan, Office of the Ombudsman (Spain), Presidential Council on Promotion of the Development of Civil Society Institutions and Human Rights in the Russian Federation, Senegalese Committee for Human Rights, South African Human Rights Commission, Uganda Human Rights Commission
48th National institutions: National Human Rights Commission of Mongolia, Observatoire national des droits de lhomme de la République démocratique du Congo
54th Members: Canada (also on behalf of Australia, New Zealand and Norway), China, Cuba, Dominican Republic, Egypt, Kenya, Pakistan, Paraguay (on behalf of the Southern Common Market and the associated States), Ukraine, United States of America Observers: Estonia (on behalf of the Baltic and Nordic States), Liechtenstein, Venezuela Observer (right of reply): Algeria Other observers: International Federation of Red Cross and Red Crescent Societies, Inter-Parliamentary Union, United Nations Development Programme Non-governmental organizations: Association for the Prevention of Torture, Association for World Education (also on behalf of Association of World Citizens and the International Humanist and Ethical Union), Centrist Democratic International, Consultative Council of Jewish Organization, Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, Friends World Committee for Consultation (Quakers) (also on behalf of six non-governmental organizations), International Commission of Jurists (also on behalf of Amnesty International, Human Rights Watch and International Federation of Human Rights Leagues), International Federation of University Women (also on behalf of eight non-governmental organizations), International Service for Human Rights, South Asia Human Rights Documentation Centre, Womens International League for Peace and Freedom (also on behalf of five non-governmental organizations), World Union for Progressive Judaism

Agenda itema Meeting No. Speaker
18 Effective functioning of human rights mechanisms (concluded) 55th Non-governmental organizations: African Commission of Health and Human Rights Promoters, Agence internationale pour le développement (Aide-Fédération), Asian Legal Resource Centre, Foundation for Aboriginal and Islander Research Action, International Movement of Apostolate in the Independent Social Milieus, National Association of Criminal Defense Lawyers, United Nations Watch
19 Technical cooperation and advisory services in the field of human rights 55th Members: Cuba, Egypt, India, Romania, United States of America Observer: Luxembourg (on behalf of the European Union as well as Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Iceland, Romania, Serbia and Montenegro, The former Yugoslav Republic of Macedonia and Turkey) Other observer: European Commission Non-governmental organizations: International Federation of University Women (on behalf of seven non-governmental organizations), World Young Women?s Christian Association (on behalf of eight non-governmental organizations)
56th Member (right of reply): Indonesia Non-governmental organizations: Amnesty International, International Association of Democratic Lawyers, United Nations Watch
20 Rationalization of the work of the Commission 56th Member: Romania Non-governmental organizations: International Service for Human Rights, South Asia Human Rights Documentation Centre

ANNEX III
Administrative and programme budget implications (PBIs)
of resolutions and decisions adopted by the Commission
at its sixty-first session
1. At its sixty-first session, the Commission adopted a number of resolutions and decisions
entailing programme budget implications. In accordance with rule 28 of the rules of procedure
of the functional commissions of the Economic and Social Council, the Commission was
informed of these programme budget implications through oral statements.
Resolution 2005/2. Use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to
self-determination
2. Under paragraph 11 of its resolution 2005/2, the Commission decided to put an end to the
mandate of the Special Rapporteur on the question of the use of mercenaries as a means of
impeding the exercise of the right of peoples to self-determination and to establish a working
group on the question of the use of mercenaries as a means of violating human rights and
impeding the exercise of the right of peoples to self-determination, made up of five independent
experts - one from each regional group - for a period of three years.
3. Under paragraph 14 of the resolution, the Commission requested the Working Group
to report annually on the progress made in the fulfilment of its mandate to the Commission
and to the General Assembly.
4. With the ending of the mandate of the Special Rapporteur, an amount
of 49,100 United States of America dollars will be available for other mandates under the
category of activities considered to be of a perennial nature.
5. Activities envisaged in connection with the establishment of the Working Group under
paragraph 11 of the resolution would require provisions for travel and subsistence for the experts
to attend the meetings of the Working Group, as well as to undertake annual field missions.
Total full costs of such travel and subsistence will amount to 49,300 dollars annually or a total
of 147,900 dollars for the three-year mandate under Section 24, Human Rights, of the
programme budget for the 2004-2005 biennium.a
6. Preparation of the meetings of the Working Group will also require consultancy
provisions of 15,000 dollars per year or a total of 45,000 dollars for the three-year mandate under
Section 24, Human Rights, of the programme budget.
7. Activities envisaged under paragraph 14 of the resolution will require provisions for
travel and subsistence for the Chairman of the Working Group. Total full costs of such travel
and subsistence will amount to 13,300 dollars annually or a total of 39,900 dollars for the
three-year mandate under Section 24, Human Rights, of the programme budget.
a See Official Records of the General Assembly, Fifty-eighth Session, Supplement No. 7 (A/58/7).

8. The holding of meetings of the Working Group, as provided in paragraph 12 of the
resolution, will further require annual provisions for conference services for five days duration in
the total amount of 107,100 dollars as follows:
United States of
America dollars
Section 2 General Assembly Affairs and Conference Services 103 800
Section 29E Administration, Geneva 3 300
Total 107 100
Total conference-servicing requirements for the three-year mandate will amount
to 321,300 dollars.
9. No provisions have been made under the programme budget for the biennium 2004-2005
for the travel requirements of the Working Group or of the Chairman of the Working Group, or
for the associated consultancy and conference servicing requirements. Should the resolution be
adopted, it will not be possible to absorb these additional requirements of the Working Group.
Therefore, an additional appropriation by the General Assembly of 77,600 dollars will be
required under Section 24, Human Rights, of the programme budget, as well as 103,800 dollars
under Section 2, General Assembly Affairs and Conference Services, and 3,300 dollars under
Section 29E, Administration, Geneva, for the biennium 2004-2005.
10. No provisions have been made for the travel and conference servicing requirements of
the Working Group in 2006-2007 in the proposed programme budget for 2006-2007 biennium.b
It is estimated that additional requirements will amount to 155,200 dollars under Section 23,
Human Rights; 207,600 dollars under Section 2, General Assembly and Economic and Social
Council Affairs and Conference Services; and 6,600 dollars under Section 28E, Administration,
Geneva.
Resolution 2005/4. The right to development
11. Under paragraph 6 of its resolution 2005/4, the Commission requested the Office of the
United Nations High Commissioner for Human Rights to provide all necessary administrative
support and financial and human resources to the high-level task force on the implementation of
the right to development. Furthermore, under paragraph 9 of the resolution, the Commission
requested the Office of the High Commissioner to continue to provide all necessary
administrative support and financial and human resources to the Sub-Commission on the
Promotion and Protection of Human Rights in its work on the concept document requested by
the Commission in its resolution 2003/83 of 25 April 2003.
12. In this connection, it is recalled that, by its resolution 59/277 A of 23 December 2004, the
General Assembly approved under the regular budget for the biennium 2004-2005 resources for
the Office of the High Commissioner of 64,571,300 dollars under Section 24, Human Rights. In
addition, at the time of approval of its resolution 58/271 A of 23 December 2003, the Assembly
was informed that the Office of the High Commissioner projected extra-budgetary resources in
the amount of 90,106,500 dollars for the same period.
b See Official Records of the General Assembly, Sixtieth Session, Supplement No. 7 (A/60/7).

13. The attention of the Commission is also drawn to the provisions of General Assembly
resolution 45/248 B of 21 December 1990, in section VI of which the Assembly reaffirmed that
administrative and budgetary matters should be dealt with by the Fifth Committee and the
Advisory Committee on Administrative and Budgetary Questions.
14. Under paragraph 11 of its resolution 2005/4, the Commission decided to renew the
mandate of the Open-ended working group established to monitor and review progress made in
the promotion and implementation of the right to development for one year and to convene its
seventh session before the sixty-second session of the Commission for a period of 10 working
days, five of which shall be allocated to the second meeting of the high-level task force to be
held well in advance of the session of the Working Group.
15. The five-day task force meeting and five-day session of the Working Group as proposed
under paragraph 11 of the resolution, will require provisions for conference servicing in the total
amount of 348,200 dollars as follows:
United States of
America dollars
Section 2 General Assembly Affairs and Conference Services 341 600
Section 29E Administration, Geneva 6 600
Total 348 200
16. Provisions related to the extension of the mandate of the High-Level Task Force Meeting
and the Working Group have been included under Section 2, General Assembly and Conference
Services Affairs, and Section 29E, Administration Geneva, of the programme budget for the
biennium 2004-2005 and the proposed programme budget for the biennium 2006-2007,
respectively. Hence, the adoption of the resolution will not entail additional conference
servicing requirements.
17. Activities envisaged under paragraph 11 of the resolution in connection with the task
force meeting will require provisions for travel, subsistence and commissioning of four expert
papers. Total full costs of such requirements amount to 89,300 dollars under Section 24,
Human Rights, in the programme budget for the biennium 2004-2005. No provisions have been
made under the programme budget for these requirements. It will not be possible to absorb these
additional requirements of the task force. Therefore, an additional appropriation by the
General Assembly of 89,300 dollars will be required under Section 24, Human Rights.
18. Resources for travel and subsistence would also be required in connection with the
report of the chairman of the Task Force to the Working Group at its meeting in early 2006.
No provisions have been made for these requirements in the proposed programme budget
for 2006-2007. It is estimated that additional requirements will amount to 6,500 dollars under
Section 23, Human Rights.
Resolution 2005/19. Effects of economic reform and foreign debt
on the full enjoyment of all human rights
19. Under paragraph 22 of its resolution 2005/19, the Commission decided to convene an
expert consultation of three working days with the participation of experts from the
United Nations Development Programme, the United Nations Population Fund, the
United Nations Conference on Trade and Development, the Food and Agriculture Organization

of the United Nations, the International Labour Organization, the World Health Organization
and other relevant United Nations agencies, the Committee on Economic, Social and Cultural
Rights, the regional economic commissions, the international financial institutions, the
special rapporteurs on economic, social and cultural rights, creditor and debtor States and
non-governmental organizations to contribute to the independent expert work to finalize the
draft general guidelines.
20. Under paragraph 25 of the resolution, the Commission requested the independent expert
to report to the relevant General Assembly Committees on the issue of the effects of economic
reform policies and foreign debt on the full enjoyment of human rights, particularly economic,
social and cultural rights.
21. Under paragraph 27 of the resolution, the Commission requested the Secretary-General to
provide the independent expert with all necessary assistance, in particular the staff and resources
required to carry out his functions, as well as to facilitate his participation and contribution in the
follow-up process of the International Conference on Financing for Development, including in
the multi-stakeholder consultations to be organized in 2005 on issues relevant to his mandate.
22. In this connection, it is recalled that, by its resolution 59/277 A of 23 December 2004,
the General Assembly approved under the regular budget for the biennium 2004-2005
resources for the Office of the High Commissioner for Human Rights of 64,571,300 dollars
under Section 24, Human Rights. In addition, at the time of approval of resolution 58/271 A
of 23 December 2003, the General Assembly was informed that the Office of the High
Commissioner projected extra-budgetary resources in the amount of 90,106,500 dollars for the
same period.
23. The attention of the Commission is also drawn to the provisions of resolution 45/248 B
of 21 December 1990, in section VI of which the General Assembly reaffirmed that
administrative and budgetary matters should be dealt with by the Fifth Committee and the
Advisory Committee on Administrative and Budgetary Questions.
24. The expert consultation of three working days as proposed under the terms of
paragraph 22 will require provisions for conference servicing in the total amount
of 84,500 dollars as follows:
United States of
America dollars
Section 2 General Assembly Affairs and Conference Services 82 600
Section 29E Administration, Geneva 1 900
Total 84 500
25. No provisions have been made under the programme budget for the biennium 2004-2005
to convene the expert consultation of three working days. It will not be possible to absorb these
additional conference-servicing requirements. Therefore, an additional appropriation by the
General Assembly of 82,600 dollars will be required under Section 2, General Assembly Affairs
and Conference Services of the programme budget and of 1,900 dollars under Section 29E,
Administration, Geneva.

26. In addition, provisions for travel and subsistence for four experts (including two from
debtor countries), as well as for consultancy, will be required in connection with the expert
consultation under paragraph 22. Total costs of such requirements will amount to 43,400 dollars.
No provisions have been made for these activities in the programme budget for the
biennium 2004-2005. However, it is anticipated that the costs could be absorbed within overall
resources included in the programme budget for this biennium under Section 24, Human Rights.
27. Provisions of 17,500 dollars for travel and subsistence for the independent expert on the
effects of structural adjustment policies and foreign debt on the full enjoyment of all human
rights, particularly economic, social and cultural rights, an expert of the Committee on
Economic, Social and Cultural Rights, and special rapporteurs on economic, social and cultural
rights will also be required in connection with the expert consultation under paragraph 22.
Their respective mandates fall under the category of activities considered to be of perennial
nature, provisions for which have already been included in the programme budget for the
biennium 2004-2005 under Section 24, Human Rights. Hence, no additional appropriation will
be required.
28. Resources for travel and subsistence, as well as for temporary assistance, for the
independent expert under paragraph 25 of the resolution, will amount to 21,900 dollars in the
biennium 2004-2005 under Section 24, Human Rights, of the programme budget. The mandate
of the independent expert falls under the category of activities considered to be of perennial
nature. Provisions for activities of this nature have already been included in the programme
budget. Hence, no additional appropriation will be required.
Resolution 2005/62. Convention on the Prevention and Punishment
of the Crime of Genocide
29. Under paragraph 9 of its resolution 2005/62, the Commission requested the
Secretary-General to make available to the Commission at its sixty-second session a report on
the implementation of the Five Point Action Plan for the Prevention of Genocide and on the
activities of the Special Adviser and invites the Special Adviser to address the Commission at the
same session and at the sixty-third session on the progress made in discharging his duties.
30. Resources for travel and subsistence will be required in connection with the Special
Adviser addressing the Commission at its sixty-second and sixty-third sessions. No
provisions have been made for these requirements in the proposed programme budget for the
biennium 2006-2007. Total full costs of such requirements will amount to 14,200 dollars
under Section 23, Human Rights.
Resolution 2005/69. Human rights and transnational corporations
and other business enterprises
31. Under paragraph 1 of its resolution 2005/69, the Commission requested the
Secretary-General to appoint a Special Representative on the issue of human rights and
transnational corporations and other business enterprises, for an initial period of two years, who
shall submit an interim report to the Commission at its sixty-second session, and a final report
at its sixty-third session.

32. Under paragraph 5 of its resolution, the Commission requested the United Nations
High Commissioner of Human Rights to convene, annually, in cooperation with the Special
Representative, a meeting with senior executives from companies and experts from a particular
sector, such as the pharmaceutical, extractive or chemical industries, to consider, within the
mandate of the Special Representative as set out in paragraph 1 of the resolution, the specific
human rights issues faced by those sectors, to raise awareness and share best practice and
requested her to report to the sixty-second session of the Commission, under this agenda item,
on the outcome of the first meeting.
33. Total full costs of the activities of the Special Representative envisaged under
paragraphs 1 and 5 of the resolution will amount to 39,100 dollars under Section 24, Human
Rights, in the biennium 2004-2005 and 39,100 dollars under Section 23, Human Rights, for the
biennium 2006-2007.
34. The mandate of the Special Representative falls under the category of activities
considered to be of a perennial nature. Provisions for activities of this nature have already been
included in the programme budget for the biennium 2004-2005 and in the proposed programme
budget for the biennium 2006-2007. Hence, no additional appropriation will be required.
35. The meeting, as proposed under paragraph 5 of the resolution, will require annual
provisions for conference servicing in the total amount of 45,700 dollars as follows:
United States of
America dollars
Section 2 General Assembly Affairs and Conference Services 44 300
Section 29E Administration, Geneva 1 400
Total 45 700
36. No provisions have been made under the programme budget for the biennium 2004-2005
to convene that meeting. It will not be possible to absorb these additional conference-servicing
requirements. Therefore, an additional appropriation by the General Assembly of 44,300 dollars
will be required under Section 2, General Assembly Affairs and Conference Services, and
of 1,400 dollars under Section 29E, Administration, Geneva.
37. Likewise, no provisions have been made for conference servicing requirements of the
meeting to be held in 2006 in the proposed programme budget for 2006-2007. It is estimated
that additional requirements will amount to 44,300 dollars under Section 2, General Assembly
and Economic and Social Council Affairs and Conference Management and 1,400 dollars under
Section 28E, Administration, Geneva.
38. In addition, provisions for travel and subsistence of five experts in the amount
of 25,500 dollars in connection with the meeting will be required under Section 24, Human
Rights, in the programme budget of the biennium 2004-2005. No provisions have been made for
these requirements. It is anticipated, however, that the costs could be absorbed within overall
resources included in the programme budget for this biennium under Section 24, Human Rights.
39. Resources for travel and subsistence of five experts in connection with the meeting will
also be required in 2006. No provisions have been made for these requirements in the proposed
programme budget for the biennium 2006-2007. It is estimated that additional requirements will
amount to 25,500 dollars under Section 23, Human Rights.

40. Under paragraph 4 of resolution 2005/69, the Commission requested the Office of the
United Nations High Commissioner for Human Rights to provide all necessary administrative
support and financial and human resources to the Special Representative in carrying out this
mandate.
41. In this connection, it is recalled that by its resolution 59/277 A of 23 December 2004, the
General Assembly approved under the regular budget for the biennium 2004-2005 resources for
the Office of the High Commissioner of 64,571,300 dollars under Section 24, Human Rights.
In addition, at the time of approval of resolution 58/271 A of 23 December 2003, the
General Assembly was informed that the Office of the High Commissioner projected
extrabudgetary resources in the amount of 90,106,500 dollars for the same period.
42. The Controller of the United Nations has requested that the following information be
brought to the attention of the delegations of the Commission:
(a) Paragraph 4 of this resolution 2005/69 deals with budgetary and administrative
issues. The attention of delegations is drawn to the provisions of resolution 45/248 B
of 21 December 1990, in section VI of which the Assembly:
(i) Reaffirmed that the Fifth Committee was the appropriate Main Committee
of the General Assembly entrusted with responsibilities for administrative
and budgetary matters;
(ii) Reaffirmed also the role of the Advisory Committee on Administrative and
Budgetary questions;
(iii) Expressed its concern at the tendency of its substantive Committees and
other intergovernmental bodies to involve themselves in administrative and
budgetary matters;
(iv) Invited the Secretary-General to provide all intergovernmental bodies with
the required information regarding procedures for administrative and
budgetary matters.
(b) The representative of the Controller stands ready to provide the Commission with
all relevant information regarding these procedures.
Decision 2005/115. Organization of work of the sixty-second session
of the Commission on Human Rights
43. Under subparagraph (a) of its decision 2005/115, the Commission recommended to the
Economic and Social Council that it authorizes six fully serviced additional meetings, including
summary records, in accordance with rules 29 and 31 of the rules of procedure of the functional
commissions of the Council, for the Commissions sixty-second session.

44. Total full costs of conference servicing envisaged under subparagraph (a) of this
decision, will amount to 169,400 dollars in the year 2006, broken down as follows:
United States of
America dollars
Section 2 General Assembly and Economic and Social Council Affairs and
Conference Management 162 800
Section 28E Administration, Geneva 6 600
Total 169 400
45. No conference-servicing provisions have been made for these six additional meetings in
the proposed programme budget for the biennium 2006-2007. It is estimated that additional
requirements will amount to 162,800 dollars under Section 2, General Assembly and Economic
and Social Council Affairs and Conference Management and 6,600 dollars under Section 28E,
Administration, Geneva.

ANNEX IV
List of documents issued for the sixty-first session of the Commission
Documents issued in the general series
Symbol Agenda
item
E/CN.4/2005/1 2 Provisional agenda: note by the Secretary-General
E/CN.4/2005/1/Add.1 and 2 2 Annotations to the provisional agenda prepared by the
Secretary-General
E/CN.4/2005/2-E/CN.4/Sub.2/2005
/48
16 Report of the Sub-Commission on the Promotion and
Protection of Human Rights on its fifty-sixth session
E/CN.4/2005/3 4 Situation of human rights in the Darfur region of the Sudan
E/CN.4/2005/4 4 The present situation of human rights in Iraq
E/CN.4/2005/5 4 and 18 Note by the United Nations High Commissioner for
Human Rights
E/CN.4/2005/6 11 (a) Report of the Working Group on Arbitrary Detention
E/CN.4/2005/6/Add.1 11 (a) __________: opinions adopted by the Working Group on
Arbitrary Detention
E/CN.4/2005/6/Add.2 11 (a) __________: visit to Latvia (23-28 February 2004)
E/CN.4/2005/6/Add.3 11 (a) __________: visit to Belarus (16-26 August 2004)
E/CN.4/2005/6/Add.4 11 (a) __________: visit to China (18-30 September 2004)
E/CN.4/2005/7 and Corr.1 11 (b) Report of the Special Rapporteur on extrajudicial, summary
or arbitrary executions, Mr. Philip Alston
E/CN.4/2005/7/Add.1 11 (b) __________: summary of cases transmitted to Governments
and replies received
E/CN.4/2005/7/Add.2 11 (b) Report of the Special Rapporteur on extrajudicial, summary
or arbitrary executions, Ms. Asma Jahangir: mission to the
Sudan (June 2004)
E/CN.4/2005/8 14 (c) Report of the Representative of the Secretary-General on
human rights of internally displaced persons,
Mr. Francis Deng: mission to the Sudan
(25 July-1 August 2004) - the Darfur crisis
E/CN.4/2005/9 3 Statistics relating to the sixtieth session of the Commission
on Human Rights: note by the Secretariat
E/CN.4/2005/10 and Corr.1 3 Report of the United Nations High Commissioner for
Human Rights on the situation of human rights in Colombia
E/CN.4/2005/11 3 Report submitted by the independent expert on the situation
of human rights in the Sudan, Mr. Emmanuel Akwei Addo
E/CN.4/2005/12 4 Report of the United Nations High Commissioner for
Human Rights
E/CN.4/2005/13 5 Situation in occupied Palestine: report of the
Secretary-General

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/14 5 Use of mercenaries as a means of violating human rights and
impeding the exercise of the right of people to
self-determination: report of the Special Rapporteur,
Ms. Shaista Shameem
E/CN.4/2005/15 6 Combating defamation of religions: report of the
United Nations High Commissioner for Human Rights
E/CN.4/2005/16 6 (a) Implementation of relevant recommendations of the recent
session of the Intergovernmental Working Group on the
effective implementation of the Durban Declaration and
Programme of Action: progress report of the Office of the
High Commissioner for Human Rights
E/CN.4/2005/17 6 (a) Possibility of the development of racial equality index:
report of the United Nations High Commissioner for
Human Rights
E/CN.4/2005/18 6 Report of the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related
intolerance, Mr. Doudou Diène
E/CN.4/2005/18/Add.1 and Corr.1 6 __________: summary of cases transmitted to Governments
and replies received
E/CN.4/2005/18/Add.2 6 __________: mission to Guatemala (26 June-2 July 2004)
E/CN.4/2005/18/Add.3 6 __________: mission to Côte dIvoire (9-21 February 2004)
E/CN.4/2005/18/Add.4 6 __________: defamation of religions and global efforts to
combat racism - anti-Semitism, Christianophobia and
Islamophobia
E/CN.4/2005/18/Add.5 6 __________: mission to Honduras (2-8 July 2004)
E/CN.4/2005/18/Add.6 6 __________: mission to Nicaragua (26 June-13 July 2004)
E/CN.4/2005/19 6 __________: situation of Muslim and Arab peoples in
various parts of the world
E/CN.4/2005/20 6 (a) Report of the Intergovernmental Working Group on the
Effective Implementation of the Durban Declaration and
Programme of Action on the third session
E/CN.4/2005/21 6 (a) Report of the Working Group of Experts on People of
African Descent on its fourth session (Geneva,
25 October-5 November 2004)
E/CN.4/2005/22 6 (a) Report of the Regional Workshop for Latin America and the
Caribbean on the theme Ensuring that the Millennium
Development Goals contribute to overcoming discrimination
based on race, colour, descent, national and ethnic origin:
note by the United Nations High Commissioner for Human
Rights
E/CN.4/2005/23 5 Note by the United Nations High Commissioner for Human
Rights transmitting the report of the third meeting of experts
on traditional and new forms of mercenary activities as a
means of violating human rights and impeding the exercise
of the right of peoples to self-determination

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/25 7 Report of the Working Group on the Right to Development
on its sixth session (Geneva, 14-18 February 2005)
E/CN.4/2005/26 8 Human rights in the occupied Syrian Golan: report of the
Secretary-General
E/CN.4/2005/27 8 Report of the Secretary-General
E/CN.4/2005/28 8 Note by the Secretary-General
E/CN.4/2005/29 and Add.1 8 Report of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967,
Mr. John Dugard
E/CN.4/2005/30 9 (a) Note by the Secretary-General
E/CN.4/2005/31 and Add.1 9 Cooperation with representatives of United Nations human
rights bodies: report of the Secretary-General
E/CN.4/2005/32 9 Situation of human rights in the Democratic Peoples
Republic of Korea: note by the Secretariat
E/CN.4/2005/33 and Corr.1 9 Situation of human rights in Cuba: report of the Personal
Representative of the United Nations High Commissioner
for Human Rights, Ms. Christine Chanet
E/CN.4/2005/34 9 Situation of human rights in the Democratic Peoples
Republic of Korea: report of the Special Rapporteur,
Mr. Vitit Muntarbhorn
E/CN.4/2005/35 9 Report of the Special Rapporteur on the situation of
human rights in Belarus, Mr. Adrian Severin
E/CN.4/2005/36 9 Situation of human rights in Myanmar: report of the
Special Rapporteur, Mr. Paulo Sérgio Pinheiro
E/CN.4/2005/37 10 Human rights and unilateral coercive measures: report of
the Secretary-General
E/CN.4/2005/38 10 Access to medication in the context of pandemics such as
HIV/AIDS, tuberculosis and malaria: report of the
Secretary-General
E/CN.4/2005/39 10 Question of the realization in all countries of the economic,
social and cultural rights contained in the Universal
Declaration of Human Rights and in the International
Covenant on Economic, Social and Cultural Rights, and
study of special problems which the developing countries
face in their efforts to achieve these human rights: report of
the Secretary-General
E/CN.4/2005/40 10 Promotion of the enjoyment of the cultural rights of
everyone and respect for different cultural identities: report
of the United Nations High Commissioner for
Human Rights
E/CN.4/2005/41 10 Analytical study on the fundamental principle of
participation and its application in the context of
globalization: report of the United Nations
High Commissioner for Human Rights

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/42/Add.1 10 __________: mission to Kyrgyzstan (7-15 June 2004)
E/CN.4/2005/43 10 Women and adequate housing: study by the Special
Rapporteur on adequate housing as a component of the right
to an adequate standard of living, Mr. Miloon Kothari
E/CN.4/2005/44 10 Adverse effects of the illicit movement and dumping of
toxic and dangerous products and wastes on the enjoyment
of human rights: note by the Secretariat transmitting the
report of the former Special Rapporteur on her mission to
Turkey (10-20 March 2004)
E/CN.4/2005/45 10 _________: report of the Special Rapporteur,
Mr. Okechukwu Ibeanu
E/CN.4/2005/45 and Add.1 10 __________: note by the secretariat: updates of cases
contained in previous reports
E/CN.4/2005/46 17 Views of States parties on a possible monitoring mechanism
to the Convention on the Prevention and Punishment of the
Crime of Genocide
E/CN.4/2005/47 10 Report of the Special Rapporteur on the right to food,
Mr. Jean Ziegler
E/CN.4/2005/47/Add.1 10 __________: mission to Ethiopia (16-27 February 2004)
E/CN.4/2005/47/Add.2 10 __________: mission to Mongolia (14-24 August 2004)
E/CN.4/2005/48 10 Report of the Special Rapporteur on adequate housing as a
component of the right to an adequate standard of living,
Mr. Miloon Kothari
E/CN.4/2005/48/Add.1 and Corr.1 10 __________: summary of information transmitted to
Governments and replies received
E/CN.4/2005/48/Add.2 10 __________: mission to Kenya (9-22 February 2004)
E/CN.4/2005/48/Add.3 10 __________: mission to Brazil (29 May-13 June 2004)
E/CN.4/2005/49 10 Human rights and extreme poverty: report of the
independent expert, Mr. Arjun Sengupta
E/CN.4/2005/50 10 Report of the Special Rapporteur on the right to education,
Mr. Vernor Muñoz Villalobos
E/CN.4/2005/51 10 Report of the Special Rapporteur on the right of everyone to
the enjoyment of the highest attainable standard of physical
and mental health, Mr. Paul Hunt
E/CN.4/2005/51/Add.1 10 __________: summary of information transmitted to
Governments and replies received
E/CN.4/2005/51/Add.2 10 __________: mission to Mozambique
(15-19 December 2003)
E/CN.4/2005/51/Add.3 10 __________: mission to Peru (6-15 June 2004)
E/CN.4/2005/51/Add.4 10 __________: mission to Romania (23-27 August 2004)

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/52 10 Report of the Open-ended working group to consider
options regarding the elaboration of an optional protocol to
the International Covenant on Economic, Social and
Cultural Rights
E/CN.4/2005/53 11 (a) Status of the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment: report of
the Secretary-General
E/CN.4/2005/54 and Corr.1 11 (a) United Nations Voluntary Fund for Victims of Torture:
report of Secretary-General
E/CN.4/2005/55 11 (a) Note by the Secretariat transmitting the report of the Office
of Internal Oversight Services on the evaluation of the
United Nations Voluntary Fund for Victims of Torture
E/CN.4/2005/56 11 Human rights and forensic science: note by the Secretariat
E/CN.4/2005/57 11 Interdependence between democracy and human rights:
compilation of documents or texts adopted and used by
various intergovernmental, international, regional and
subregional organizations aimed at promoting and
consolidating democracy: report of the Office of the
High Commissioner for Human Rights
E/CN.4/2005/58 11 Interdependence between democracy and human rights:
report of the second expert seminar Democracy and the rule
of law (Geneva, 28 February-2 March 2005): note by the
Secretariat
E/CN.4/2005/59 11 The right to a remedy and reparation for victims of
violations of international human rights and humanitarian
law: note by the United Nations High Commissioner for
Human Rights transmitting the report of the third
consultative meeting
E/CN.4/2005/60 11 Report of the Special Rapporteur on the independence of
judges and lawyers, Mr. Leandro Despouy
E/CN.4/2005/60/Add.1 11 (d) __________: situations in specific countries or territories
E/CN.4/2005/60/Add.2 11 (d) __________: mission to Kazakhstan (11-17 June 2004)
E/CN.4/2005/60/Add.3 and Corr.1 11 (e) __________: mission to Brazil (13-25 October 2004)
E/CN.4/2005/60/Add.4 11 (d) __________: mission to Ecuador (13-18 March 2005)
E/CN.4/2005/61 and Corr.1 11 (e) Report submitted by the Special Rapporteur on freedom of
religion or belief, Ms. Asma Jahangir
E/CN.4/2005/61/Add.1 11 (e) __________: summary of cases submitted to Governments
and replies received
E/CN.4/2005/61/Add.2 11 (c) __________: visit to Nigeria (27 February-7 March 2005):
preliminary conclusions and recommendations
E/CN.4/2005/62 11 (a) Torture and other cruel, inhuman or degrading treatment or
punishment: report of the Special Rapporteur,
Mr. Theo van Boven

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/62/Add.1 11 (a) __________: summary of cases transmitted to Governments
and replies received
E/CN.4/2005/62/Add.2 11 (a) __________: follow-up to country recommendations
E/CN.4/2005/62/Add.3 11 (a) __________: preliminary note of the Special Rapporteur,
Mr. Manfred Nowak, on his mission to Georgia
(19-25 February 2005)
E/CN.4/2005/63 6, 7, 10
and 12-15
Written submission by the World Health Organization
E/CN.4/2005/64 and Corr.1 11 (c) Report of the Special Rapporteur on the right to freedom of
opinion and expression, Mr. Ambeyi Ligabo
E/CN.4/2005/64/Add.1 11 (c) __________: communications sent to and received from
Governments
E/CN.4/2005/64/Add.2 11 (c) __________: mission to Côte dIvoire
(28 January-5 February 2004)
E/CN.4/2005/64/Add.3 11 (c) __________: mission to Colombia (22-29 February 2004)
E/CN.4/2005/64/Add.4 11 (c) __________: mission to Serbia and Montenegro
(10-20 October 2004)
E/CN.4/2005/64/Add.5 11 (c) __________: mission to Italy (20-29 October 2004)
E/CN.4/2005/65 11 (b) Report of the Working Group on Enforced or Involuntary
Disappearances
E/CN.4/2005/65/Add.1 11 (b) __________: mission to Nepal (6-14 December 2004)
E/CN.4/2005/66 11 (b) Report of the Intersessional open-ended working group to
elaborate a draft legally binding normative instrument for
the protection of all persons from enforced disappearance
E/CN.4/2005/67 11 Note by the Secretariat
E/CN.4/2005/68 12 Integrating the human rights of women throughout the
United Nations system: report of the Secretary-General
E/CN.4/2005/69-E/CN.4/2005/6 12 Joint work plan of the Division for Advancement of Women
and the Office of the High Commissioner for Human Rights:
report of the Secretary-General
E/CN.4/2005/70-E/CN.4/2005/7 12 Report of the United Nations Development Fund for Women
on the elimination of violence against women: note by the
Secretariat
E/CN.4/2005/71 12 Report of the Special Rapporteur on the human rights
aspects of the victims of trafficking in persons, especially in
women and children, Ms. Sigma Huda
E/CN.4/2005/71/Add.1 12 __________: mission to Bosnia and Herzegovina
(21-28 February 2005)
E/CN.4/2005/72 and Corr.1 12 (a) Report of the Special Rapporteur on violence against
women, its causes and consequences, Ms. Yakin Ertürk:
intersections of violence against women and HIV/AIDS
E/CN.4/2005/72/Add.1 and Corr.1 12 (a) __________: Communications to and from Governments

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/72/Add.2 12 (a) __________: mission to El Salvador (2-8 February 2004)
E/CN.4/2005/72/Add.3 12 (a) __________: mission to Guatemala (9-14 February 2004)
E/CN.4/2005/72/Add.4 12 (a) __________: mission to the Occupied Palestinian Territory
(13-18 June 2004)
E/CN.4/2005/72/Add.5 12 (a) __________: mission to (Darfur) Sudan
(25-26 September 2004)
E/CN.4/2005/73 13 Status of the Convention on the Rights of the Child: report
of the Secretary-General
E/CN.4/2005/74 13 Abduction of children in Africa: report of the
United Nations High Commissioner for Human Rights
E/CN.4/2005/75 13 Progress report of the Secretary-General on the study on the
question of violence against children
E/CN.4/2005/76 13 Programme of Action for the Elimination of the Exploitation
of Child Labour: note by the Secretary-General
E/CN.4/2005/77 13 Establishing a monitoring, reporting and compliance
mechanism for the protection of children exposed to armed
conflict: report of the Special Representative of the
Secretary-General for children and armed conflict,
Mr. Olara A. Otunnu
E/CN.4/2005/78 and Corr.1 and 2 13 Report of the Special Rapporteur on the sale of
children, child prostitution and child pornography,
Mr. Juan Miguel Petit
E/CN.4/2005/78/Add.1 and Corr.1 13 __________: mission to Paraguay
(23 February-5 March 2004)
E/CN.4/2005/78/Add.2 13 __________: mission to Romania (1-10 September 2004)
E/CN.4/2005/78/Add.3 13 ___________: Communications sent to Governments and
replies received
E/CN.4/2005/79 14 (d) Protection of human rights in the context of human
immunodeficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS): report of the
Secretary-General
E/CN.4/2005/80 14 (c) Report of the United Nations High Commissioner for
Human Rights on human rights and mass exoduses
E/CN.4/2005/80/Add.1 14 (c) __________: thematic compilation of relevant reports and
resolutions of the Commission on Human Rights and the
Sub-Commission on the Promotion and Protection of
Human Rights
E/CN.4/2005/81 14 (b) Report of the United Nations High Commissioner for
Human Rights on the rights of persons belonging to national
or ethnic, religious and linguistic minorities
E/CN.4/2005/82 14 (d) Report of the Office of the United Nations
High Commissioner for Human Rights on progress in the
implementation of the recommendations contained in the
study on the human rights of persons with disabilities

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/83 14 (d) Missing persons: report of the Secretary-General
E/CN.4/2005/84 14 (c) Report of the Representative of the Secretary-General on the
human rights of internally displaced persons,
Mr. Walter Kälin, submitted pursuant to Commission
resolution 2004/55
E/CN.4/2005/84/Add.1 14 (c) __________: note by the Secretariat
E/CN.4/2005/85 and Corr.1 14 (a) Report of the Special Rapporteur on the human rights of
migrants, Ms. Gabriela Rodríguez Pizarro, submitted
pursuant to Commission resolution 2004/53
E/CN.4/2005/85/Add.1 14 __________: communications sent to Governments and
replies received
E/CN.4/2005/85/Add.2 14 (a) __________: visit to the Islamic Republic of Iran
(22-29 February 2004)
E/CN.4/2005/85/Add.3 14 (a) __________: visit to Italy (7-18 June 2004)
E/CN.4/2005/85/Add.4 14 (a) __________: visit to Peru (20-30 September 2004)
E/CN.4/2005/86 and Corr.1 14 (d) United Nations Voluntary Trust Fund on Contemporary
Forms of Slavery: report of the Secretary-General
E/CN.4/2005/86/Add.1 14 (d) Board of Trustees of the United Nations Voluntary Trust
Fund on Contemporary Forms of Slavery: note by the
Secretariat
E/CN.4/2005/87 15 Final report of the United Nations High Commissioner for
Human Rights reviewing the activities within the
United Nations system under the programme for the
International Decade of the Worlds Indigenous People
E/CN.4/2005/88 15 Human rights and indigenous issues: report of Special
Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people,
Mr. Rodolfo Stavenhagen
E/CN.4/2005/88/Add.1 15 __________: analysis of country situations and other
activities of the Special Rapporteur
E/CN.4/2005/88/Add.2 15 __________: mission to Colombia (8-17 March 2004)
E/CN.4/2005/88/Add.3 and Corr.1 15 __________: mission to Canada (21 May-4 June 2004)
E/CN.4/2005/88/Add.4 15 Conclusions and recommendations of the expert
seminar on indigenous peoples and education (Paris,
18-20 October 2004)
E/CN.4/2005/89 15 Report of the Working Group established in accordance with
Commission resolution 1995/32 of 3 March 1995
E/CN.4/2005/89/Add.1 15 __________: list of documents and communications
E/CN.4/2005/89/Add.2 15 __________: proposals of the Chairperson/Rapporteur
E/CN.4/2005/90 16 Report of the Chairperson of the fifty-sixth session of the
Sub-Commission on the Promotion and Protection of
Human Rights, Mr. Soli Jehangir Sorabjee, submitted
pursuant to Commission resolution 2004/60

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/91 16 Report of the Office of the United Nations
High Commissioner for Human Rights on the
responsibilities of transnational corporations and related
business enterprises with regard to human rights
E/CN.4/2005/92 17 (c) Public information activities in the field of human rights,
including the World Public Information Campaign on
Human Rights: report of the Secretary-General
E/CN.4/2005/93 17 Human rights and bioethics: report of the Secretary-General
E/CN.4/2005/94 17 (a) Question of the death penalty: note of the Secretary-General
E/CN.4/2005/95 17 (a) Note by the Secretariat
E/CN.4/2005/96 17 (d) Human rights and the environment as part of sustainable
development: report of the Secretary-General
E/CN.4/2005/97 17 The role of good governance in the promotion of human
rights: note by the United Nations High Commissioner for
Human Rights transmitting the report of the seminar on
good governance practices for the promotion of human
rights (Seoul, 15-16 September 2004)
E/CN.4/2005/98 17 (c) Follow-up to the United Nations Decade for Human Rights
Education (1995-2004), including the proclamation of the
World Programme for Human Rights Education: report of
the United Nations High Commissioner for Human Rights
E/CN.4/2005/99 17 Compilation of the essential aspects of the replies received
on the pre-draft declaration on human social responsibilities:
report of the Office of the United Nation
High Commissioner for Human Rights
E/CN.4/2005/100 17 Protection of human rights and fundamental freedoms while
countering terrorism: report of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/101 17 (b) Report of the Special Representative of the
Secretary-General on the situation of human rights
defenders, Ms. Hina Jilani
E/CN.4/2005/101/Add.1 17 (b) __________: summary of cases transmitted to Governments
and replies received
E/CN.4/2005/101/Add.2 17 (b) __________: mission to Angola (16-24 August 2004)
E/CN.4/2005/101/Add.3 and
Corr.1
17 (b) __________: mission to Turkey (11-20 October 2004)
E/CN.4/2005/102 17 Impunity: report of the independent expert to update the Set
of Principles for the protection and promotion of human
rights through action to combat impunity,
Ms. Diana Orentlicher
E/CN.4/2005/102/Add.1 17 __________: updated Set of Principles for the protection
and promotion of human rights through action to combat
impunity

Documents issued in the general series (continued)
Symbol Agenda
item
E/CN.4/2005/103 17 Protection of human rights and fundamental freedoms while
countering terrorism: note by the United Nations
High Commissioner on Human Rights transmitting the
report of the independent expert
E/CN.4/2005/104 18 Regional arrangements for the promotion and protection of
human rights: report of the Secretary-General
E/CN.4/2005/105 18 (b) Regional arrangements for the promotion and protection of
human rights in Asia and Pacific region: note by the
secretariat
E/CN.4/2005/106 18 (b) National institutions for the promotion and protection of
human rights: report of the Secretary-General
E/CN.4/2005/107 18 (b) Enhancing participation of national human rights institutions
in the work of the Commission and its subsidiary bodies:
report of the Secretary-General
E/CN.4/2005/108 18 Conclusions and recommendations of special procedures:
report of the Secretary-General
E/CN.4/2005/109 18 (c) Composition of the staff of the Office of the United Nations
High Commissioner for Human Rights: report of the
United Nations High Commissioner for Human Rights
E/CN.4/2005/110 19 Report of the Secretary-General
E/CN.4/2005/111 19 Role and achievements of the Office of the United Nations
High Commissioner for Human Rights in assisting the
Government and people of Cambodia in the promotion and
protection of human rights: report of the Secretary-General
E/CN.4/2005/112 19 Technical cooperation in the field of human rights in
Afghanistan: note by the Secretary-General
E/CN.4/2005/113 19 Situation of human rights in Sierra Leone: report of the
United Nations High Commissioner for Human Rights
E/CN.4/2005/114 19 Report of the Office of the United Nations
High Commissioner for Human Rights on human rights
assistance to Nepal
E/CN.4/2005/115 and Corr.1 19 Report of the United Nations High Commissioner for
Human Rights on technical cooperation in the field of
human rights in Timor-Leste
E/CN.4/2005/116 19 Situation of human rights in Cambodia: report of the
Representative of the Secretary-General,
Mr. Peter Leuprecht
E/CN.4/2005/117 19 Report of the independent expert on the situation of human
rights in Somalia, Mr. Ghanin Alnajjar
E/CN.4/2005/118 19 Report of independent expert on the situation of human
rights in Burundi, Mr. Akich Okola

Documents issued in the general series (concluded)
Symbol Agenda
item
E/CN.4/2005/119 19 Situation of human rights in Liberia: report of the
independent expert on technical cooperation and advisory
services in Liberia, Ms. Charlotte Abaka
E/CN.4/2005/120 19 Report of the independent expert on the situation of human
rights in the Democratic Republic of the Congo, Mr. Titinga
Frédéric Pacéré
E/CN.4/2005/121 19 Report of the independent expert on the situation of human
rights in Chad, Ms. Mónica Pinto
E/CN.4/2005/122 19 Report of the independent expert on the situation of human
rights in Afghanistan, Mr. Cherif Bassiouni
E/CN.4/2005/123 19 Situation of human rights in Haiti: report of the independent
expert appointed by the Secretary-General, Mr. Louis Joinet
E/CN.4/2005/124 14 (c) Report of the former Representative of the
Secretary-General on internally displaced persons,
Mr. Francis Deng, on the Regional Seminar on Internal
Displacement in the Americas (Mexico City,
18-20 February 2004)
E/CN.4/2005/125 and Corr.1 6 (a) Report of the independent eminent experts on the
implementation of the Durban Declaration and Programme
of Action on their second meeting: note by the Secretariat
E/CN.4/2005/126 4 Note by the Secretariat: replies to the questionnaire on
national protection systems
E/CN.4/2005/127 11 Enhancing the role of regional, subregional and other
organizations and arrangements in promoting and
consolidating democracy: report of the Office of the
High Commissioner for Human Rights
E/CN.4/2005/128 14 (d) Note by the Secretariat
E/CN.4/2005/129 13 Idem
E/CN.4/2005/130 9 Situation of human rights in Myanmar: report of the
Secretary-General
E/CN.4/2005/131 10 Voluntary Guidelines to Support the Progressive Realization
of the Right to Adequate Food in the Context of National
food Security: note by the Secretariat
E/CN.4/2005/132 20 Note by the Secretariat
E/CN.4/2005/133 7, 10, 11,
12, 14, 15,
17-19
Written submission by the United Nations Development
Programme
E/CN.4/2005/134 4 Note by the High Commissioner for Human Rights
E/CN.4/2005/SR.1-63a and
E/CN.4/2005/SR.1-63/
Corrigendum
Summary records of meetings held by the Commission at its
sixty-first session, and corrigendum
a Summary records of the closed meetings (22nd and 29th) were issued in restricted distribution.

Documents issued in the limited series
Symbol Agenda
item
E/CN.4/2005/L.1 21 (a) Note by the Secretary-General
E/CN.4/2005/L.2/Rev.1 8 Question of the violation of human rights in the occupied
Arab territories, including Palestine: draft resolution
E/CN.4/2005/L.3 9 Human rights situation of the Lebanese detainees in Israel:
draft resolution
E/CN.4/2005/L.4 8 Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem: draft resolution
E/CN.4/2005/L.5 5 Situation in occupied Palestine: draft resolution
E/CN.4/2005/L.6 5 The use of mercenaries as a means of violating human rights
and impeding the expertise of the right of peoples to
self-determination: draft resolution
E/CN.4/2005/L.7 16 The work of the Sub-Commission on the Promotion and
Protection of Human Rights: draft resolution
E/CN.4/2005/L.8 10 Human rights and unilateral coercive measures: draft
resolution
E/CN.4/2005/L.9 7 The right to development: draft resolution
E/CN.4/2005/L.10 and Add.1-17 21 (b) Draft report of the Commission on its sixty-first session
E/CN.4/2005/L.11 and Add.1-9 21 (b) Idem
E/CN.4/2005/L.12 6 Combating defamation of religions: draft resolution
E/CN.4/2005/L.13/Rev.1 6 World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the comprehensive
implementation of and follow-up to the Durban Declaration
and Programme of Action: draft resolution
E/CN.4/2005/L.14 6 Inadmissibility of certain practices that contribute to fuelling
contemporary forms of racism, racial discrimination,
xenophobia and related intolerance: draft resolution
E/CN.4/2005/L.15 8 Human rights in the occupied Syrian Golan: draft resolution
E/CN.4/2005/L.16 10 Adverse effects of the illicit movement and dumping of toxic
and dangerous products and wastes on the enjoyment of
human rights: draft resolution
E/CN.4/2005/L.17 9 Cooperation with representatives of United Nations human
rights bodies: draft resolution
E/CN.4/2005/L.18 10 Human rights and extreme poverty: draft resolution
E/CN.4/2005/L.19 10 Globalization and its impact on the full enjoyment of all
human rights: draft resolution
E/CN.4/2005/L.20 10 The right to food: draft resolution
E/CN.4/2005/L.21 10 Effects of economic reform policies and foreign debt on the
full enjoyment of all human rights: draft resolution

Documents issued in the limited series (continued)
Symbol Agenda
item
E/CN.4/2005/L.22 10 Promotion of the enjoyment of the cultural rights of everyone
and respect for different cultural identities: draft resolution
E/CN.4/2005/L.23 10 The right to education: draft resolution
E/CN.4/2005/L.24 10 Question of the realization in all countries of the economic,
social and cultural rights: draft resolution
E/CN.4/2005/L.25 10 Amendment to draft decision 1 of the Sub-Commission on the
Promotion and Protection of Human Rights
E/CN.4/2005/L.26 10 Amendment to draft decision 2 of the Sub-Commission on the
Promotion and Protection of Human Rights
E/CN.4/2005/L.27 10 Access to medication in the context of pandemics such as
HIV/AIDS, tuberculosis and malaria: draft resolution
E/CN.4/2005/L.28 10 The right of everyone to the enjoyment of the highest
attainable standard of physical and mental health:
draft resolution
E/CN.4/2005/L.29 9 Situation of human rights in Myanmar: draft resolution
E/CN.4/2005/L.30 9 Situation of human rights in the Democratic Peoples
Republic of Korea: draft resolution
E/CN.4/2005/L.31 9 Situation of human rights in Cuba: draft resolution
E/CN.4/2005/L.32 9 Situation of human rights in Belarus: draft resolution
E/CN.4/2005/L.33/Rev.1 9 Situation of human rights in the Sudan: draft resolution
E/CN.4/2005/L.34 10 Womens equal ownership, access to and control over land
and the equal rights to own property and to adequate housing:
draft resolution
E/CN.4/2005/L.35/Rev.1 13 Abduction of children in Africa: draft resolution
E/CN.4/2005/L.36/Rev.3 19 Situation of human rights in the Sudan: draft resolution
E/CN.4/2005/L.37/Rev.1 19 Advisory services and technical assistance for Burundi:
draft resolution
E/CN.4/2005/L.38/Rev.1 19 Technical cooperation and advisory services in the
Democratic Republic of the Congo: draft resolution
E/CN.4/2005/L.39 11 Human rights and forensic science: draft resolution
E/CN.4/2005/L.40 11 (b) Enforced or involuntary disappearances: draft resolution
E/CN.4/2005/L.41 11 (a) Arbitrary detention: draft resolution
E/CN.4/2005/L.42 11 Strengthening of popular participation, equity, social justice
and non-discrimination as essential foundations of democracy:
draft resolution
E/CN.4/2005/L.43 11 (d) Integrity of the judicial system: draft resolution
E/CN.4/2005/L.44 11 Hostage taking: draft resolution
E/CN.4/2005/L.45 11 Democracy and the rule of law: draft resolution
E/CN.4/2005/L.46 11 (d) Independence and impartiality of the judiciary, jurors and
assessors and the independence of lawyers: draft resolution

Documents issued in the limited series (continued)
Symbol Agenda
item
E/CN.4/2005/L.47/Rev.1 11 (b) Extrajudicial, summary or arbitrary executions:
draft resolution
E/CN.4/2005/L.48 11 Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International
Humanitarian Law: draft resolution
E/CN.4/2005/L.49 11 The incompatibility between democracy and racism:
draft resolution
E/CN.4/2005/L.50 11 Promoting the rights to peaceful assembly and association:
draft resolution
E/CN.4/2005/L.51 12 (a) Elimination of violence against women: draft resolution
E/CN.4/2005/L.52 11 (c) The right to freedom of opinion and expression:
draft resolution
E/CN.4/2005/L.53 12 Integrating the human rights of women throughout the
United Nations system: draft resolution
E/CN.4/2005/L.54 11 (a) Torture and other cruel, inhuman or degrading treatment or
punishment: draft resolution
E/CN.4/2005/L.55 11 Elimination of all forms of intolerance and of discrimination
based on religion or belief: draft resolution
E/CN.4/2005/L.56 15 Working Group on Indigenous Populations of the
Sub-Commission on the Promotion and Protection of
Human Rights: draft resolution
E/CN.4/2005/L.57 16 The work of the Sub-Commission on the Promotion and
Protection of Human Rights: draft resolution
E/CN.4/2005/L.58 14 (a) Human rights and arbitrary deprivation of nationality:
draft resolution
E/CN.4/2005/L.59 14 The protection of human rights in the context of human
immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS): draft resolution
E/CN.4/2005/L.60 14 (c) Internally displaced persons: draft resolution
E/CN.4/2005/L.61 15 Working group of the Commission on Human Rights to
elaborate a draft declaration in accordance with paragraph 5 of
General Assembly resolution 49/214 of 23 December 1994:
draft resolution
E/CN.4/2005/L.62 14 (b) Rights of persons belonging to national or ethnic, religious
and linguistic minorities: draft resolution
E/CN.4/2005/L.63 14 (a) Human rights of migrants: draft resolution
E/CN.4/2005/L.64 14 (c) Human rights and mass exoduses: draft resolution
E/CN.4/2005/L.65 14 (d) Human rights of persons with disabilities: draft resolution
E/CN.4/2005/L.66 15 Human rights and indigenous issues: draft resolution
E/CN.4/2005/L.67 17 Human rights and human responsibilities: draft decision

Documents issued in the limited series (continued)
Symbol Agenda
item
E/CN.4/2005/L.68 18 (b) Regional cooperation for the promotion and protection of
human rights in the Asian and Pacific region: draft resolution
E/CN.4/2005/L.69 17 Enhancement of international cooperation in the field of
human rights: draft resolution
E/CN.4/2005/L.70 18 Composition of the staff of the Office of the United Nations
High Commissioner for Human Rights: draft resolution
E/CN.4/2005/L.71 17 Human rights and international solidarity: draft resolution
E/CN.4/2005/L.72 17 Promotion of peace as a vital requirement for the full
enjoyment of all human rights by all: draft resolution
E/CN.4/2005/L.73 17 Promotion of a democratic and equitable international order:
draft resolution
E/CN.4/2005/L.74 17 (c) The development of public information activities in the field
of human rights, including the World Public Information
Campaign on Human Rights: draft resolution
E/CN.4/2005/L.75 19 Assistance to Somalia in the field of human rights:
draft resolution
E/CN.4/2005/L.76 18 (b) Regional arrangements for the promotion and protection of
human rights: draft resolution
E/CN.4/2005/L.77 17 The question of the death penalty: draft resolution
E/CN.4/2005/L.78/Rev.1 19 Assistance to Sierra Leone in the field of human rights: draft
resolution
E/CN.4/2005/L.79 17 (d) Human rights and the environment as part of sustainable
development: draft resolution
E/CN.4/2005/L.80 17 World Programme for Human Rights Education:
draft resolution
E/CN.4/2005/L.81/Rev.1 17 Convention on the Prevention and Punishment of the Crime of
Genocide: draft resolution
E/CN.4/2005/L.82 17 Protection of the human rights of civilians in armed conflicts:
draft resolution
E/CN.4/2005/L.83 19 Technical cooperation and advisory services in Cambodia:
draft resolution
E/CN.4/2005/L.84 17 Right to the truth: draft resolution
E/CN.4/2005/L.85 17 (b) Human rights defenders: draft resolution
E/CN.4/2005/L.86 17 The role of good governance in the promotion and protection
of human rights: draft resolution
E/CN.4/2005/L.87 17 Human rights and transnational corporations and other
business enterprises: draft resolution
E/CN.4/2005/L.88 17 Protection of human rights and fundamental freedoms while
countering terrorism: draft resolution

Documents issued in the limited series (concluded)
Symbol Agenda
item
E/CN.4/2005/L.89 17 Amendment to draft resolution L.88
E/CN.4/2005/L.90 19 Technical cooperation and advisory services in Nepal:
draft resolution
E/CN.4/2005/L.91 17 Human rights and transitional justice: draft resolution
E/CN.4/2005/L.92/Rev.1 18 (b) National institutions for the promotion and protection of
human rights: draft resolution
E/CN.4/2005/L.93 17 Impunity: draft resolution
E/CN.4/2005/L.94/Rev.1 3 Question of detainees in the area of the United States of
America naval base in Guantánamo: draft resolution
E/CN.4/2005/L.95 17 (b) Amendment to draft resolution E/CN.4/2005/L.85
E/CN.4/2005/L.96 13 Rights of the child: draft resolution
E/CN.4/2005/L.97 11 Amendment to draft resolution E/CN.4/2005/L.50
E/CN.4/2005/L.98 20 Enhancing and strengthening the effectiveness of the special
procedures of the Commission on Human Rights: draft
resolution
E/CN.4/2005/L.99 17 (b) Amendment to draft resolution E/CN.4/2005/L.85
E/CN.4/2005/L.100 14 Amendment to draft resolution E/CN.4/2005/L.59
E/CN.4/2005/L.101 3 Proposed reform of the Secretary-General in the area of
human rights: draft decision
E/CN.4/2005/L.102 3 Situation of human rights in Liberia: draft decision
E/CN.4/2005/L.103 3 Technical cooperation and advisory services in the field of
human rights in Chad: draft resolution
Documents issued in the Government series
Symbol Agenda
item
E/CN.4/2005/G/1 17 Note verbale dated 3 May 2004 from the Permanent Mission
of Turkey to the United Nations Office at Geneva addressed to
the United Nations High Commissioner for Human Rights
E/CN.4/2005/G/2 9 Note verbale dated 3 May 2004 from the Permanent Mission
of Azerbaijan to the United Nations Office at Geneva
addressed to the United Nations High Commissioner for
Human Rights
E/CN.4/2005/G/3 3 Note verbale dated 13 May 2004 from the Permanent Mission
of the Sudan to the United Nations Office at Geneva
addressed to the Office of the High Commissioner for
Human Rights

Documents issued in the Government series (continued)
Symbol Agenda
item
E/CN.4/2005/G/4 9 Note verbale dated 13 May 2004 from the Permanent Mission
of Cuba to the United Nations Office at Geneva addressed to
the United Nations High Commissioner for Human Rights
E/CN.4/2005/G/5 8 Letter dated 19 May 2004 from the Permanent Observer for
Palestine to the United Nations Office at Geneva addressed to
the Acting United Nations High Commissioner for
Human Rights
E/CN.4/2005/G/6 9 Note verbale dated 20 July 2004 from the Permanent Mission
of Cuba to the United Nations Office at Geneva addressed to
the United Nations High Commissioner for Human Rights
E/CN.4/2005/G/7 10, 11, 13
and 14
Note verbale dated 27 July 2004 from the Permanent Mission
of Romania to the United Nations Office at Geneva addressed
to the United Nations High Commissioner for Human Rights
E/CN.4/2005/G/8 9 Letter dated 2 August 2004 from the Chargée dAffaires a.i. of
the Permanent Mission of Cuba to the United Nations Office
at Geneva addressed to the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/9 8 Note verbale dated 25 October 2004 from the Permanent
Mission of Israel to the United Nations Office at Geneva
addressed to the secretariat of the Commission for
Human Rights
E/CN.4/2005/G/10 9 Note verbale dated 16 November 2004 from the Permanent
Representative of Cuba to the United Nations Office at
Geneva addressed to the United Nations High Commissioner
on Human Rights
E/CN.4/2005/G/11 9 Letter dated 10 December 2004 from the Permanent Mission
of Belarus to the United Nations Office at Geneva addressed
to the Office of the High Commissioner for Human Rights
E/CN.4/2005/G/12 4 Note verbale dated 27 July 2004 from the Permanent Mission
of Iraq to the United Nations Office at Geneva addressed to
the Office of the High Commissioner for Human Rights
E/CN.4/2005/G/13 9 Letter dated 28 February 2005 from the Permanent
Representative of the Democratic Peoples Republic of Korea
to the United Nations Office at Geneva addressed to the
High Commissioner for Human Rights
E/CN.4/2005/G/14 3 Note verbale dated 28 January 2005 from the Permanent
Mission of the Republic of the Sudan to the United Nations
Office at Geneva addressed to the Office of the
High Commissioner for Human Rights
E/CN.4/2005/G/15 4 Note verbale dated 1 March 2005 from the Permanent Mission
of the Republic of the Sudan to the United Nations Office at
Geneva addressed to the Office of the High Commissioner for
Human Rights

Documents issued in the Government series (continued)
Symbol Agenda
item
E/CN.4/2005/G/16 4 Note verbale dated 8 March 2005 from the Permanent Mission
of the Republic of the Sudan to the United Nations Office at
Geneva addressed to the Office of the High Commissioner for
Human Rights
E/CN.4/2005/G/17 3, 4 and
11 (b)
Idem
E/CN.4/2005/G/18 9 Note verbale dated 14 March 2005 from the Permanent
Mission of Cuba to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/19 14 (a) Note verbale dated 16 March 2005 from the Permanent
Mission of Italy to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/20 11 (c) Note verbale dated 18 March 2005 from the Permanent
Mission of Italy to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/21 11 (a) Note verbale dated 21 March 2005 from the Permanent
Mission of Uzbekistan to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/22 6 Note verbale dated 21 March 2005 from the Permanent
Mission of Thailand to the United Nations Office at Geneva
addressed to the secretariat of the Commission on
Human Rights
E/CN.4/2005/G/23 5 Note verbale dated 21 March 2005 from the Permanent
Mission of Armenia to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/24 15 Note verbale dated 16 March 2005 from the Ministry of
Foreign Affairs of Colombia addressed to the Office of the
United Nations High Commissioner for Human Rights
E/CN.4/2005/G/25 17 (b) Letter dated 23 March 2005 from the Permanent Mission of
Turkey to the United Nations Office at Geneva addressed to
the United Nations High Commission for Human Rights
E/CN.4/2005/G/26 9 Note verbale dated 14 March 2005 from the Permanent
Mission of Cuba to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/27 and 28 9 Notes verbales dated 24 March 2005 from the Permanent
Mission of Belarus to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights

Documents issued in the Government series (continued)
Symbol Agenda
item
E/CN.4/2005/G/29 3 Letter dated 21 March 2005 from the Permanent
Representative of Colombia to the United Nations Office at
Geneva addressed to the United Nations High Commissioner
for Human Rights
E/CN.4/2005/G/30 8 Note verbale dated 29 March 2005 from the Permanent
Mission of Israel to the United Nations Office at Geneva
addressed to the secretariat of the Commissioner on
Human Rights
E/CN.4/2005/G/31 14 (a) Note verbale dated 18 March 2005 from the Permanent
Mission of Peru to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/32 10 Note verbale dated 21 March 2005 from the Permanent
Mission of Peru to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/33 14 (c) Letter dated 5 April 2005 from the Permanent Representative
of Turkey to the United Nations Office at Geneva addressed to
the United Nations High Commissioner for Human Rights
E/CN.4/2005/G/34 18 (b) Note verbale dated 24 March 2005 from the Permanent
Mission of Egypt to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/35 9 Note verbale dated 11 April 2005 from the Permanent Mission
of Turkmenistan to the United Nations Office at Geneva
addressed to the Office of the United Nations
High Commissioner for Human Rights
E/CN.4/2005/G/36 9 Note verbale dated 14 April 2005 from the Permanent Mission
of Cuba to the United Nations Office at Geneva addressed to
the Office of the United Nations High Commissioner for
Human Rights
E/CN.4/2005/G/37 11 Note verbale dated 13 April 2005 from the Permanent Mission
of Azerbaijan to the United Nations Office at Geneva
addressed to the secretariat of the Commission on
Human Rights
E/CN.4/2005/G/38 5 and 9 Letter dated 6 April 2005 from the Permanent Representative
of Turkey to the United Nations High Commissioner for
Human Rights
E/CN.4/2005/G/39 9 Note verbale dated 18 April 2005 from the Permanent Mission
of Cuba to the United Nations Office at Geneva addressed to
the Office of the United Nations High Commissioner for
Human Rights
E/CN.4/2005/G/40 17 (a) Letter dated 20 April 2005 from the Permanent Mission of
Saudi Arabia to the United Nations Office at Geneva
addressed to the Chairperson of the Commission on
Human Rights

Documents issued in the Government series (concluded)
Symbol Agenda
item
E/CN.4/2005/G/41 to 43 9 Note verbale dated 18 April 2005 from the Permanent Mission
of Cuba to the United Nations Office at Geneva addressed to
the Office of the High Commissioner for Human Rights
E/CN.4/2005/G/44 3 Note verbale dated 20 April 2005 from the Permanent Mission
of Sri Lanka to the United Nations Office at Geneva addressed
to the secretariat of the Commission on Human Rights
Documents issued in the non-governmental organizations series
Symbol Agenda
item
E/CN.4/2005/NGO/1 18 (c) Joint written statement submitted by Friends World
Committee for Consultation (Quakers) and Franciscans
International, non-governmental organizations in general
consultative status, Amnesty International, the Association
for the Prevention of Torture, Human Rights Watch, the
International Commission of Jurists, the International
Federation of ACAT (Action by Christians for the Abolition
of Torture and the International Federation of Human Rights
Leagues, non-governmental organizations in special
consultative status
E/CN.4/2005/NGO/2 5 Written statement submitted by the International Organization
for the Elimination of all Forms of Racial Discrimination, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/3 6 Idem
E/CN.4/2005/NGO/4 8 Idem
E/CN.4/2005/NGO/5 11 (d) Idem
E/CN.4/2005/NGO/6 17 Idem
E/CN.4/2005/NGO/7 18 Idem
E/CN.4/2005/NGO/8 3 Written statement submitted by the Asian Indigenous and
Tribal Peoples Network, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/9 9 Idem
E/CN.4/2005/NGO/10 10 Idem
E/CN.4/2005/NGO/11 11 Idem
E/CN.4/2005/NGO/12 12 (a) Idem
E/CN.4/2005/NGO/13 14 Idem
E/CN.4/2005/NGO/14 15 Idem
E/CN.4/2005/NGO/15 17 (b) Idem
E/CN.4/2005/NGO/16 19 Idem

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/17 12 Written statement submitted by Friends World Committee for
Consultation (Quakers), a non-governmental organization in
general consultative status
E/CN.4/2005/NGO/18 13 Idem
E/CN.4/2005/NGO/19 16 Idem
E/CN.4/2005/NGO/20 10 Written statement submitted by the International Federation
of Rural Adult Catholic Movements, a non-governmental
organization on the Roster
E/CN.4/2005/NGO/21 7 Idem
E/CN.4/2005/NGO/22 10 Written statement submitted by the International Movement
of Apostolate in the Independent Social Milieus, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/23 15 Written statement submitted by the Latin American Human
Rights Association, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/24 11 Joint written statement submitted by Friends World
Committee for Consultation (Quakers), Franciscans
International and International Association for Religious
Freedom, non-governmental organizations in general
consultative status, and International Service for Human
Rights and Lutheran World Federation, non-governmental
organizations in special consultative status
E/CN.4/2005/NGO/25 14 (a) [French only]
E/CN.4/2005/NGO/26 6 and 16 Written statement submitted by Franciscans International, a
non-governmental organization in general consultative status
E/CN.4/2005/NGO/27 11 (g) and
17
Written statement submitted by International Fellowship of
Reconciliation, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/28 12 Written statement submitted by the Federation of Cuban
Women, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/29 13 Idem
E/CN.4/2005/NGO/30 9 Written statement submitted by Dominicans for Justice and
Peace, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/31 11 [French only]
E/CN.4/2005/NGO/32 and 33 11 (a) Written statement submitted by the Asian Legal Resource
Centre, a non-government organization in general
consultative status
E/CN.4/2005/NGO/34 to 36 11 (b) Idem
E/CN.4/2005/NGO/37 11 (c) Idem
E/CN.4/2005/NGO/38 to 43 11 (d) Idem
E/CN.4/2005/NGO/44 11 (b) Idem

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/45 to 47 11 (d) Idem
E/CN.4/2005/NGO/48 11 (e) Idem
E/CN.4/2005/NGO/49 and 50 12 Idem
E/CN.4/2005/NGO/51 13 Idem
E/CN.4/2005/NGO/52 14 (c) Idem
E/CN.4/2005/NGO/53 17 (a) Idem
E/CN.4/2005/NGO/54 18 (b) Idem
E/CN.4/2005/NGO/55 18 (c) Idem
E/CN.4/2005/NGO/56 6 Idem
E/CN.4/2005/NGO/57 to 60 10 Idem
E/CN.4/2005/NGO/61 to 64 11 (a) Idem
E/CN.4/2005/NGO/65 14 (b) Written statement submitted by the Organization for
Defending Victims of Violence, a non-governmental
organization in special consultative status
E/CN.4/2005/NGO/66 6 Idem
E/CN.4/2005/NGO/67 8 Idem
E/CN.4/2005/NGO/68 9 Idem
E/CN.4/2005/NGO/69 11 (c) Idem
E/CN.4/2005/NGO/70 17 (c) Idem
E/CN.4/2005/NGO/71 7 Idem
E/CN.4/2005/NGO/72 12 (a) Idem
E/CN.4/2005/NGO/73 13 Idem
E/CN.4/2005/NGO/74 14 (a) Idem
E/CN.4/2005/NGO/75 3 Written statement submitted by World of Trade Unions, a
non-governmental organization in general consultative status
E/CN.4/2005/NGO/76 4 Idem
E/CN.4/2005/NGO/77 5 Idem
E/CN.4/2005/NGO/78 7 Idem
E/CN.4/2005/NGO/79 9 Idem
E/CN.4/2005/NGO/80 10 Idem
E/CN.4/2005/NGO/81 11 Idem
E/CN.4/2005/NGO/82 14 Idem
E/CN.4/2005/NGO/83 11 (g) Written statement submitted by Friends World Committee for
Consultation (Quakers), a non-governmental organization in
general consultative status

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/84 and 85 11 (a) Written statement submitted by the Romanian Independent
Society of Human Rights, a non-governmental organization
in special consultative status
E/CN.4/2005/NGO/86 11 (d) Idem
E/CN.4/2005/NGO/87 11 (e) Idem
E/CN.4/2005/NGO/88 12 (a) Idem
E/CN.4/2005/NGO/89 5, 9, 11
and 17
Written statement submitted by MADRE Inc., a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/90 7 Written statement submitted by Human Rights Advocates, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/91 12 Written statement submitted by Human Rights Advocates, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/92 5 [Spanish only]
E/CN.4/2005/NGO/93 9 Written statement submitted by the International Indian
Treaty Council, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/94 10 Idem
E/CN.4/2005/NGO/95 11 (a) and
(e)
Idem
E/CN.4/2005/NGO/96 17 Joint written statement submitted by Amnesty International,
Community SantEgidio, International Federation of ACAT,
International Federation for Human Rights, Penal Reform
International, National Coalition to Abolish the Death
Penalty, non-governmental organizations in special
consultative status
E/CN.4/2005/NGO/97 10 Written statement submitted by World Esperanto Association,
a non-governmental organization in special consultative
status
E/CN.4/2005/NGO/98 13 Written statement submitted by the International Indian
Treaty Council, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/99 17 (d) Idem
E/CN.4/2005/NGO/100 18 Idem
E/CN.4/2005/NGO/101 7 [Spanish only]
E/CN.4/2005/NGO/102 6 Idem
E/CN.4/2005/NGO/103 15 Written statement submitted by the International Indian
Treaty Council, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/104 15 Written statement submitted by Amnesty International, a
non-governmental organization in special consultative status

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/105 11 (d) Written statement submitted by the International Organization
for the Elimination of All Forms of Racial Discrimination, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/106 9 and
14 (b) and
(c)
Written statement submitted by the Association for World
Education, a non-governmental organization on the Roster
E/CN.4/2005/NGO/107 and 108 11 (d) Written statement submitted by the Asian Legal Resource
Centre, a non-governmental organization in general
consultative status
E/CN.4/2005/NGO/109 11 (f) Idem
E/CN.4/2005/NGO/110 10 Idem
E/CN.4/2005/NGO/111 11 (a) Idem
E/CN.4/2005/NGO/112 11 (c) Idem
E/CN.4/2005/NGO/113 7 Written statement submitted by New Humanity, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/114 11 and 17 Idem
E/CN.4/2005/NGO/115 10 Written statement submitted by Centro de Estudios Sobre
la Juventud, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/116 12 (a) Written statement submitted by the Asian Legal Resource
Centre, a non-governmental organisation in general
consultative status
E/CN.4/2005/NGO/117 9 Written statement submitted by International PEN, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/118 12 (a) Written statement submitted by Pax Christi International,
International Catholic Peace Movement, a non-governmental
organization in special consultative status
E/CN.4/2005/NGO/119 17 Written statement submitted by World Federation of Trade
Unions, a non-governmental organization in general
consultative status
E/CN.4/2005/NGO/120 14 Written statement submitted by the South Asia Human Rights
Documentation Centre, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/121 18 Idem
E/CN.4/2005/NGO/122 17 Written statement submitted by the International Commission
of Jurists, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/123 15 Joint written statement submitted by Friends World
Committee for Consultation (Quakers), a non-governmental
organization in general consultative status, International
Federation of Human Rights Leagues, and Rights and
Democracy, non-governmental organizations in special
consultative status

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/124 13 Written statement submitted by International Federation of
Social Workers, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/125 12 Written statement submitted by the Palestinian Centre for
Human Rights, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/126 13 Idem
E/CN.4/2005/NGO/127 17 Idem
E/CN.4/2005/NGO/128 10 Written statement submitted by the Andean Commission of
Jurists, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/129 10 and 14
(d)
Written statement submitted by the Open Society Institute, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/130 14 [French and Spanish only]
E/CN.4/2005/NGO/131 and 132 9 Written statement submitted by International Educational
Development, a non-governmental organization on the Roster
E/CN.4/2005/NGO/133 17 Written statement submitted by the Australian Council for
International Development, a non-governmental organization
in special consultative status
E/CN.4/2005/NGO/134 7 Written statement submitted by Interfaith International, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/135 17 Written statement submitted by the National Association of
Criminal Defense Lawyers, a non-governmental organization
in special consultative status
E/CN.4/2005/NGO/136 11 (a) Idem
E/CN.4/2005/NGO/137 6 and 15 Written statement submitted by the Netherlands Centre for
Indigenous Peoples, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/138 11 (a) Written statement submitted by the International
Rehabilitation Council for Torture Victims, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/139 9 Written statement submitted by the South Asia Human Rights
Documentation Centre, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/140 11 Idem
E/CN.4/2005/NGO/141 12 (a) Written statement submitted by the World Alliance of
YMCAs, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/142 10 Written statement submitted by FIAN - Foodfirst Information
and Action Network, a non-governmental organization on the
Roster

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/143 14 (d) and
17
Written statement submitted by the Canadian HIV/AIDS
Legal Network, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/144 and 145 15 Written statement submitted by the Survival International, a
non-governmental organization on the Roster
E/CN.4/2005/NGO/146 12 Written statement submitted by the Hairiri Foundation, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/147 10 Written statement submitted by the Cairo Institute for Human
Rights Studies, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/148 5 and 10 [French and Spanish only]
E/CN.4/2005/NGO/149 6 Written statement submitted by Al-Haq, a non-governmental
organization in special consultative status
E/CN.4/2005/NGO/150 11 (b) Joint written statement submitted by the Palestinian Centre
for Human Rights and Al-Haq, non-governmental
organizations in special consultative status
E/CN.4/2005/NGO/151 11 and 17 Written statement submitted by Ius Primi Viri, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/152 8 Joint written statement submitted by the International Youth
and Student Movement for the United Nations, a
non-governmental organization in general consultative status,
General Arab Women Federation, Union of Arab Jurists,
Womens International League for Peace and Freedom,
World Alliance of Young Mens Christian Associations,
World Young Womens Christian Association,
non-governmental organizations in special consultative status
E/CN.4/2005/NGO/153 10 Written statement submitted by the International Federation
for Human Rights, a non-governmental organization with
special consultative status
E/CN.4/2005/NGO/154 to 156 9 Idem
E/CN.4/2005/NGO/157 9 [French only]
E/CN.4/2005/NGO/158 9 Written statement submitted by the International Federation
for Human Rights, a non-governmental organization with
special consultative status
E/CN.4/2005/NGO/159 9 [French only]
E/CN.4/2005/NGO/160 to 164 9 Written statement submitted by the International Federation
for Human Rights, a non-governmental organization with
special consultative status
E/CN.4/2005/NGO/165 5 Joint written statement submitted by Al-Haq, the Palestinian
Centre for Human Rights and the International Federation for
Human Rights, non-governmental organizations in special
consultative status
E/CN.4/2005/NGO/166 8 Idem
E/CN.4/2005/NGO/167 17 [French only]

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/168 to 170 9 [French only]
E/CN.4/2005/NGO/171 9 Written statement submitted by the International Federation
for Human Rights, a non-governmental organization with
special consultative status
E/CN.4/2005/NGO/172 3 [Spanish only]
E/CN.4/2005/NGO/173 and 174 9 Written statement submitted by the International Federation
for Human Rights, a non-governmental organization with
special consultative status
E/CN.4/2005/NGO/175 9 Joint written statement submitted by Franciscans
International, a non-governmental organization in general
consultative status, and Agir ensemble pour les droits
de lhomme, International Federation for Human Rights,
International Federation of ACAT (Action by Christians for
the Abolition of Torture), World Organization Against
Torture, non-governmental organizations in special
consultative status.
E/CN.4/2005/NGO/176 6 Written statement submitted by the International Federation
for Human Rights, a non-governmental organization with
special consultative status
E/CN.4/2005/NGO/177 15 Written statement submitted by the Asian Forum for Human
Rights and Development, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/178 17 Idem
E/CN.4/2005/NGO/179 9 and 17 Idem
E/CN.4/2005/NGO/180 9, 10 and
14 (d)
Idem
E/CN.4/2005/NGO/181 9 [Spanish only]
E/CN.4/2005/NGO/182 11 (a) Idem
E/CN.4/2005/NGO/183 11 Idem
E/CN.4/2005/NGO/184 11 (d) Idem
E/CN.4/2005/NGO/185 10 Idem
E/CN.4/2005/NGO/186 14 Idem
E/CN.4/2005/NGO/187 12 Idem
E/CN.4/2005/NGO/188 7 Idem
E/CN.4/2005/NGO/189 7 Written statement submitted by the Research Institute for
Rehabilitation and Improvement for Womens Life, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/190 17 Written statement submitted by the International Federation
for Human Rights, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/191 9 [Spanish only]

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/192 10 Written statement submitted by Human Rights Advocates, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/193 11 Idem
E/CN.4/2005/NGO/194 13 Idem
E/CN.4/2005/NGO/195 14 (a) Idem
E/CN.4/2005/NGO/196 16 Idem
E/CN.4/2005/NGO/197 12 Written statement submitted by the Research Institute for
Rehabilitation and Improvement for Womens Life, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/198 11 (a) Written statement submitted by the American Civil Liberties
Union, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/199 14 (a) Joint written statement submitted by Global Rights and
American Civil Liberties Union, non-governmental
organizations in special consultative status
E/CN.4/2005/NGO/200 16 Written statement submitted by the Minnesota Advocates for
Human Rights, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/201 9 Written statement submitted by the American Civil Liberties
Union, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/202 15 [French and Spanish only]
E/CN.4/2005/NGO/203 5 Written statement submitted by Jammu and Kashmir Council
for Human Rights, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/204 9 Idem
E/CN.4/2005/NGO/205 12 Idem
E/CN.4/2005/NGO/206 13 Idem
E/CN.4/2005/NGO/207 11 [Spanish only]
E/CN.4/2005/NGO/208 9 Written statement submitted by the Miguel Agustín Pro
Juárez Human Rights Centre, a non-governmental
organization on the Roster
E/CN.4/2005/NGO/209 15 Written statement submitted by the American Indian Law
Alliance, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/210 5 Written statement submitted by the International Human
Rights Association for American Minorities, a
non-governmental organization on the Roster
E/CN.4/2005/NGO/211 11 Written statement submitted by the Legal Office for Popular
Organizations, a non-governmental organization in special
consultative status

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/212 5, 6 and 15 Joint written statement submitted by the Inuit Circumpolar
Conference, a non-governmental organization in special
consultative status and the Grand Council of the Crees
(Eeyou Istchee), a non-governmental organization on the
Roster
E/CN.4/2005/NGO/213 9 Written statement submitted by the Peoples Solidarity for
Participatory Democracy, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/214 15 Written statement submitted by the National Association of
Criminal Defence Lawyers, a non-governmental organization
in special consultative status
E/CN.4/2005/NGO/215 to 217 9 Written statement submitted by the International Centre for
Human Rights and Democratic Development (Rights and
Democracy), a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/218 10 Idem
E/CN.4/2005/NGO/219 10 Idem
E/CN.4/2005/NGO/220 11 Idem
E/CN.4/2005/NGO/221 18 (c) and
20
Idem
E/CN.4/2005/NGO/222 13 Written statement submitted by the International Save the
Children Alliance, a non-governmental organization in
general consultative status
E/CN.4/2005/NGO/223 11 (g) Written statement submitted by Conscience and Peace Tax
International, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/224 12 Written statement submitted by the Womens International
League for Peace and Freedom, a non-governmental
organization in special consultative status
E/CN.4/2005/NGO/225 9 Joint written statement submitted by Franciscans
International, a non-governmental organization in general
consultative status, and the Catholic Institute for International
Relations, Social Service Agency of the Protestant Church in
Germany, Dominicans for Justice and Peace, Asian Forum for
Human Rights and Development, Pax Christi International,
Pax Romana, the World Council of Churches,
non-governmental organizations in special consultative status
E/CN.4/2005/NGO/226 17 (b) Written statement submitted by the Asian Forum for Human
Rights and Development, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/227 9 Written statement submitted by Peoples Solidarity for
Participatory Democracy, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/228 12 (a) Written statement submitted by Society for Threatened
Peoples International, a non-governmental organization in
special consultative status

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/229 13 Idem
E/CN.4/2005/NGO/230 10 Idem
E/CN.4/2005/NGO/231 11 (a) Idem
E/CN.4/2005/NGO/232 14 (b) Idem
E/CN.4/2005/NGO/233 11 (d) Idem
E/CN.4/2005/NGO/234 14 (c) Idem
E/CN.4/2005/NGO/235 15 Idem
E/CN.4/2005/NGO/236 17 (b) Idem
E/CN.4/2005/NGO/237 17 (d) Idem
E/CN.4/2005/NGO/238 5 Idem
E/CN.4/2005/NGO/239 6 Idem
E/CN.4/2005/NGO/240 7 Idem
E/CN.4/2005/NGO/241 11 (c) Joint written statement submitted by International Publishers
Association, a non-governmental organization on the Roster,
and International PEN, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/242 7 Written statement submitted by the Conference of
Non-Governmental Organizations in Consultative
Relationship with the United Nations, a non-governmental
organization in general consultative status
E/CN.4/2005/NGO/243 10 Written statement submitted by FIAN - Foodfirst Information
and Action Network, a non-governmental organization on the
Roster
E/CN.4/2005/NGO/244 11 Joint written statement submitted by Amnesty International,
Human Rights Advocates, The Association for Prevention of
Torture, The International Commission of Jurists, The
International Federation for Human Rights, The International
Rehabilitation Council for Torture Victims, The International
Service for Human Rights, The International Society for
Traumatic Stress Studies, The World Organization Against
Torture, non-governmental organizations in special
consultative status
E/CN.4/2005/NGO/245 12 [French only]
E/CN.4/2005/NGO/246 15 Written statement submitted by the Permanent Assembly for
Human Rights, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/247 17 (a) Idem
E/CN.4/2005/NGO/248 10 Idem
E/CN.4/2005/NGO/249 11 Idem
E/CN.4/2005/NGO/250 12 Idem
E/CN.4/2005/NGO/251 13 Idem

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/252 15 Written statement submitted by the International Federation
for the Protection of the Rights of Ethnic, Religious,
Linguistic and Other Minorities, a non-governmental
organization on the Roster
E/CN.4/2005/NGO/253 5 Idem
E/CN.4/2005/NGO/254 19 Written statement submitted by Lutheran World Federation, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/255 3 Written statement submitted by the Colombian Commission
of Jurists, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/256 10 Written statement submitted by Franciscans International, a
non-governmental organization in general consultative status,
and Dominicans for Justice and Peace, a non-governmental
organization in special consultative status
E/CN.4/2005/NGO/257 10 [French only]
E/CN.4/2005/NGO/258 11 Written statement submitted by the American Association of
Jurists, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/259 11 (b) [Spanish only]
E/CN.4/2005/NGO/260 5 Written statement submitted by Transnational Radical Party,
a non-governmental organization in special consultative
status
E/CN.4/2005/NGO/261 6 (a) Idem
E/CN.4/2005/NGO/262 7 [Spanish only]
E/CN.4/2005/NGO/263 9 Written statement submitted by Transnational Radical Party,
a non-governmental organization in special consultative
status
E/CN.4/2005/NGO/264 10 Idem
E/CN.4/2005/NGO/265 17 Idem
E/CN.4/2005/NGO/266 19 Idem
E/CN.4/2005/NGO/267 11 (e) Idem
E/CN.4/2005/NGO/268 12 Idem
E/CN.4/2005/NGO/269 13 Idem
E/CN.4/2005/NGO/270 14 Idem
E/CN.4/2005/NGO/271 15 Idem
E/CN.4/2005/NGO/272 17 Written statement submitted by the International
Rehabilitation Council for Torture Victims, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/273 12 (a) Written statement submitted by the International Indian
Treaty Council, a non-governmental organization in special
consultative status

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/274 11 Written statement submitted by National Coalition to Abolish
the Death Penalty, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/275 17 Idem
E/CN.4/2005/NGO/276 11 (e) Written statement submitted by International Fellowship of
Reconciliation, a non-governmental in special consultative
status
E/CN.4/2005/NGO/277 11 [Spanish only]
E/CN.4/2005/NGO/278 11 Joint written statement submitted by Europe - Third World
Centre, a non-governmental organization in general
consultative status, and the American Association of Jurists, a
non-governmental organizations in special consultative status
E/CN.4/2005/NGO/279 5 Joint written statement submitted by Europe - Third World
Centre, a non-governmental organization in general
consultative status, and the American Association of Jurists
and International League for the Rights and Liberation of
Peoples, non-governmental organization in special
consultative status
E/CN.4/2005/NGO/280 6 Idem
E/CN.4/2005/NGO/281 10 Joint written statement submitted by Europe - Third World
Centre, a non-governmental organization in general
consultative status, and the American Association of Jurists, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/282 10 Joint written statement submitted by Europe - Third World
Centre, a non-governmental organization in general
consultative status, and the American Association of Jurists,
the International League for the Rights and Liberation of
Peoples, non-governmental organizations in special
consultative status
E/CN.4/2005/NGO/283 10 Joint written statement submitted by Europe - Third World
Centre, a non-governmental organization in general
consultative status, and the American Association of Jurists, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/284 17 Written statement submitted by the Federation of
Associations for the Defence and Promotion of Human
Rights, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/285 12 Idem
E/CN.4/2005/NGO/286 10 Idem
E/CN.4/2005/NGO/287 17 (c) Idem
E/CN.4/2005/NGO/288 19 Idem
E/CN.4/2005/NGO/289 14 (a) Idem
E/CN.4/2005/NGO/290 17 (a) [Spanish only]

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/291 18 Written statement submitted by the Federation of
Associations for the Defence and Promotion of Human
Rights, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/292 8 Idem
E/CN.4/2005/NGO/293 5 Idem
E/CN.4/2005/NGO/294 9 Idem
E/CN.4/2005/NGO/295 11 [Spanish only]
E/CN.4/2005/NGO/296 5 Idem
E/CN.4/2005/NGO/297 9 Idem
E/CN.4/2005/NGO/298 10 Idem
E/CN.4/2005/NGO/299 11 Idem
E/CN.4/2005/NGO/300 9 [French only]
E/CN.4/2005/NGO/301 9 Written statement submitted by the International Centre for
Human Rights and Democratic Development (Rights and
Democracy), a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/302 14 Written statement submitted by All for Reparations and
Emancipation, a non-governmental organization on the Roster
E/CN.4/2005/NGO/303 11 (g) Written statement submitted by MINBYUN - Lawyers for a
Democratic Society, a non-governmental organization in
special consultative status
E/CN.4/2005/NGO/304 10 and 16 Idem
E/CN.4/2005/NGO/305 11 Written statement submitted by Interfaith International, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/306 5 Idem
E/CN.4/2005/NGO/307 11 (c) Written statement submitted by Pax Christi International, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/308 5 and 8 Written statement submitted by United Nations Watch, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/309 9 Idem
E/CN.4/2005/NGO/310 11 Idem
E/CN.4/2005/NGO/311 10 and 18 Idem
E/CN.4/2005/NGO/312 11 (a) Written statement submitted by International
Non-Governmental Organizations Forum on Indonesian
Development, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/313 15 Idem
E/CN.4/2005/NGO/314 11 (d) Written statement submitted by International Criminal
Defence Attorneys Association, a non-governmental
organization in special consultative status

Documents issued in the non-governmental organizations series (continued)
Symbol Agenda
item
E/CN.4/2005/NGO/315 6 Written statement submitted by International
Non-Governmental Organizations Forum on Indonesian
Development, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/316 9 Idem
E/CN.4/2005/NGO/317 11 (b) Idem
E/CN.4/2005/NGO/318 12 (a) Idem
E/CN.4/2005/NGO/319 13 Idem
E/CN.4/2005/NGO/320 14 (a) Idem
E/CN.4/2005/NGO/321 14 (c) Idem
E/CN.4/2005/NGO/322 17 (b) Idem
E/CN.4/2005/NGO/323 11 (c) Idem
E/CN.4/2005/NGO/324 10 Idem
E/CN.4/2005/NGO/325 11 Written statement submitted by Agir ensemble pour les droits
de lhomme, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/326 13 [Spanish only]
E/CN.4/2005/NGO/327 8 Written statement submitted by Habitat International
Coalition, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/328 10 Idem
E/CN.4/2005/NGO/329 9 Written statement submitted by the International Federation
for the Protection of the Rights of Ethnic, Religious,
Linguistic and Other Minorities, a non-governmental
organization on the Roster
E/CN.4/2005/NGO/330 9 Idem
E/CN.4/2005/NGO/331 9 Written statement submitted by the Foundation of Japanese
Honorary Debts, a non-governmental organization on the
Roster
E/CN.4/2005/NGO/332 9 Written statement submitted by the International Institute for
Human Rights, Environment and Development, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/333 11 (a) [French only]
E/CN.4/2005/NGO/334 11 (b) Idem
E/CN.4/2005/NGO/335 11 (d) Idem
E/CN.4/2005/NGO/336 12 (a) Idem
E/CN.4/2005/NGO/337 13 Written statement submitted by Kindernothilfe, Help for
Children in Need, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/338 7 [French only]

Documents issued in the non-governmental organizations series (concluded)
Symbol Agenda
item
E/CN.4/2005/NGO/339 5 and 11 Written statement submitted by the Indigenous World
Association, a non-governmental organization in special
consultative status
E/CN.4/2005/NGO/340 10 Written statement submitted by the Foundation for Aboriginal
and Islander Research Action, a non-governmental
organization in special consultative status
E/CN.4/2005/NGO/341 15 Idem
E/CN.4/2005/NGO/342 11 (a) Written statement submitted by the Movement against
Racism and for Friendship among Peoples, a
non-governmental organization on the Roster
E/CN.4/2005/NGO/343 9 and
11 (a)
Idem
E/CN.4/2005/NGO/344 6 Joint written statement submitted by the Coordinating Board
of Jewish Organizations, a non-governmental organization in
special consultative status and Bnai Brith, a
non-governmental organization on the Roster
E/CN.4/2005/NGO/345 11 (e) Idem
E/CN.4/2005/NGO/346 5 Idem
E/CN.4/2005/NGO/347 8 Idem
E/CN.4/2005/NGO/348 11 (d) Written statement submitted by Non-Governmental
Organizations Forum on Indonesian Development, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/349 9 Idem
E/CN.4/2005/NGO/350 9 Joint written statement submitted by Europe - Third World
Centre, a non-governmental organization in general
consultative status, and the American Association of Jurists, a
non-governmental organization in special consultative status
E/CN.4/2005/NGO/351 15 Written statement submitted by World Peace Council, a
non-governmental organization on the Roster
Documents issued in the national institutions series
Symbol Agenda
item
E/CN.4/2005/NI/1 18 (b) Information submitted by the Ibero-American Ombudsman
Federation
E/CN.4/2005/NI/2 18 (b) Information submitted by the European Coordinating Group
of national institutions for the promotion and protection of
human rights
E/CN.4/2005/NI/3 18 (b) Information presented by the Asia Pacific Forum of National
Human Rights Institutions

Index of topics considered by the Commission at its sixty-first session
Topic Page
Advisory services and technical cooperation in the field of human rights:
Advisory services and technical cooperation for Burundi (resolution 2005/75) ....................... 290
Assistance to Sierra Leone in the field of human rights (resolution 2005/76) ........................... 294
Assistance to Somalia in the field of human rights (resolution 2005/83) .................................. 320
Situation of human rights in Haiti (Chairpersons statement of 21 April 2005) ........................ 359
Technical cooperation and advisory services in Cambodia (resolution 2005/77) ...................... 296
Technical cooperation and advisory services in Nepal (resolution 2005/78) ............................. 299
Technical cooperation and advisory services in the Democratic Republic of
the Congo (resolution 2005/85) ................................................................................................. 331
Technical cooperation and advisory services in the field of human rights
in Chad (decision 2005/118) ...................................................................................................... 347
Technical cooperation in the field of human rights in Afghanistan
(Chairpersons statement of 21 April 2005) ............................................................................... 355
Afghanistan (Technical cooperation in the field of human rights in)
(Chairpersons statement of 21 April 2005) ............................................................................................. 355
Assembly and association (Promoting the rights to peaceful) (resolution 2005/37) ................................ 146
Belarus (Situation of human rights in) (resolution 2005/13) .................................................................... 50
Burundi (Advisory services and technical cooperation for) (resolution 2005/75) ................................... 290
Cambodia (Technical cooperation and advisory services in) (resolution 2005/77) ................................. 296
Chad (Technical cooperation and advisory services in the field of human rights in)
(decision 2005/118) ................................................................................................................................. 347
Chairpersons statements:
Question of Western Sahara (7 April 2005) ............................................................................... 360
Situation of human rights in Colombia (22 April 2005) ............................................................ 347
Situation of human rights in Haiti (21 April 2005) .................................................................... 359
Technical cooperation in the field of human rights in Afghanistan
(21 April 2005) .......................................................................................................................... 355
Children:
Abduction of children in Africa (resolution 2005/43) ................................................................ 174
Rights of the child (resolution 2005/44) .................................................................................... 177
Civilians in armed conflicts (Protection of the human rights of) (resolution 2005/63) .............. 248

Index of topics considered by the Commission at its sixty-first session (continued)
Topic Page
Coercive measures (Human rights and unilateral) (resolution 2005/14) .................................................. 54
Colombia (Situation of human rights in) (Chairpersons statement of 22 April 2005) ............................ 347
Congo (Technical cooperation and advisory services in the Democratic Republic of the)
(resolution 2005/85) ................................................................................................................................ 331
Convention on the Prevention and Punishment of the Crime of Genocide (resolution 2005/62) ............ 246
Cooperation:
Cooperation with representatives of United Nations human rights bodies
(resolution 2005/9) ..................................................................................................................... 38
Enhancement of international cooperation in the field of human rights
(resolution 2005/54) ................................................................................................................... 222
Regional cooperation for the promotion and protection of human rights in the
Asian and Pacific region (resolution 2005/71) ........................................................................... 272
Corruption (and its impact on the full enjoyment of human rights, in particular economic,
social and cultural rights) (decision 2005/104) .......................................................................... 341
Cuba (Situation of human rights in) (resolution 2005/12) ....................................................................... 49
Cultural rights of everyone and respect for different cultural identities
(Promotion of the enjoyment of the) (resolution 2005/20) ...................................................................... 79
Cyprus (Question of human rights in) (decision 2005/103) ..................................................................... 341
Dates of the sixty-second session of the Commission on Human Rights (decision 2005/114) ................ 346
Death penalty (The question of the) (resolution 2005/59) ....................................................................... 238
Defenders (Human rights) (resolution 2005/67) ...................................................................................... 262
Democracy:
Democracy and the rule of law (resolution 2005/32) ................................................................. 125
Incompatibility between democracy and racism (resolution 2005/36) ...................................... 143
Strengthening of popular participation, equity, social justice and
non-discrimination as essential foundations of democracy
(resolution 2005/29) ................................................................................................................... 117
Deprivation of nationality (Human rights and arbitrary) (resolution 2005/45) ........................................ 188
Detention (Arbitrary) (resolution 2005/28) .............................................................................................. 114

Index of topics considered by the Commission at its sixty-first session (continued)
Topic Page
Development:
Development of public information activities in the field of human rights, including
the World Public Information Campaign on Human Rights (resolution 2005/58) ..................... 235
The right to development (resolution 2005/4) ............................................................................ 25
Disabilities (Human rights of persons with) (resolution 2005/65) ............................................. 256
Disappearances (Enforced or involuntary) (resolution 2005/27) ............................................................. 110
Discrimination:
Discrimination based on work and descent (decision 2005/109) ............................................... 343
Study on non-discrimination as enshrined in article 2, paragraph 2,
of the International Covenant on Economic, Social and Cultural Rights
(decision 2005/105) ................................................................................................................... 341
Displaced persons (Internally) (resolution 2005/46) ................................................................................ 190
Economic, social and cultural rights (Question of the realization in all countries of)
(resolution 2005/22) ................................................................................................................................ 87
Economic reform policies and foreign debt on the full enjoyment of all
human rights (Effects of) (resolution 2005/19) ........................................................................................ 74
Education:
Right to education (The) (resolution 2005/21) ........................................................................... 82
World Programme for Human Rights Education (resolution 2005/61) ..................................... 244
Environment:
Human rights and the environment as part of sustainable development
(resolution 2005/60) ................................................................................................................... 242
Human rights implications, particularly for indigenous people, of the
disappearance of States for environmental reasons (decision 2005/112) ................................... 344
Executions (Extrajudicial, summary or arbitrary) (resolution 2005/34) ................................................... 132
Food (The right to) (resolution 2005/18) ................................................................................................. 70
Forensic science (Human rights and) (resolution 2005/26) ...................................................................... 108
Freedom (Protection of human rights and fundamental freedoms while countering terrorism)
(resolution 2005/80) ................................................................................................................................ 307
Genocide (Convention on the prevention and punishment of the crime of)
(resolution 2005/62) ................................................................................................................................ 246
Globalization (and its impact on the full enjoyment of all human rights)
(resolution 2005/17) ................................................................................................................................ 66

Index of topics considered by the Commission at its sixty-first session (continued)
Topic Page
Golan (Human rights in the occupied Syrian) (resolution 2005/8) .......................................................... 36
Governance (The role of good) (resolution 2005/68) ............................................................................... 266
Guantánamo (Question of detainees in the area of United States of America naval base in)
(E/CN.4/2005/L.94/Rev.1) ....................................................................................................................... 364
Haiti (Situation of human rights in) (Chairpersons statement of 21 April 2005) .................................... 359
Health (The right of everyone to the enjoyment of the highest attainable standard of physical
and mental) (resolution 2005/24) ............................................................................................................. 97
HIV/AIDS:
Access to medication in the context of pandemics such as HIV/AIDS,
tuberculosis and malaria (resolution 2005/23) ........................................................................... 93
The protection of human rights in the context of human immunodeficiency
virus (HIV) and acquired immunodeficiency syndrome (AIDS)
(resolution 2005/84) ................................................................................................................... 326
Hostage-taking (resolution 2005/31) ......................................................................................... 123
Impunity (resolution 2005/81) ................................................................................................................. 311
Indigenous issues:
Final report on the study on indigenous peoples permanent
sovereignty over natural resources (decision 2005/110) ............................................................ 343
Human rights and indigenous issues (resolution 2005/51) ........................................................ 213
Human rights implications, particularly for indigenous people, of the
disappearance of States for environmental reasons (decision 2005/112) ................................... 344
Indigenous Populations (Working Group of the Sub-Commission on the
Promotion and Protection of Human Rights on) (resolution 2005/49) ...................................... 206
Protection of indigenous peoples in time of conflict
(resolution 2005/52) ................................................................................................................... 217
Working group of the Commission on Human Rights to elaborate a
draft declaration in accordance with paragraph 5 of General Assembly
resolution 49/214 of 23 December 1994 (resolution 2005/50) .................................................. 210
International order (Promotion of a democratic and equitable) (resolution 2005/57) .............................. 230
Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,
and the occupied Syrian Golan (resolution 2005/6) ................................................................................. 29
Israeli practices affecting the human rights of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem (resolution 2005/7) ....................................... 32
Judicial system (Integrity of the) (resolution 2005/30) ............................................................................ 121
Judiciary (Independence and impartiality of the) (resolution 2005/33) ................................................... 129

Index of topics considered by the Commission at its sixty-first session (continued)
Topic Page
Justice (Human rights and transitional) (resolution 2005/70) .................................................................. 270
Korea (Situation of human rights in the Democratic Peoples Republic of)
(resolution 2005/11) ................................................................................................................................ 45
Lebanese detainees in Israel (Human rights situation of the) (decision 2005/102) .................................. 341
Liberia (Situation of human rights in) (decision 2005/117) ..................................................................... 347
Mass exoduses (Human rights and) (resolution 2005/48) ........................................................................ 202
Medication (Access to medication in the context of pandemics such as HIV/AIDS,
tuberculosis and malaria) (resolution 2005/23) ........................................................................................ 93
Mercenaries as a means of violating human rights and impeding the exercise
of the right of peoples to self-determination (Use of) (resolution 2005/2) ............................................... 17
Migrants (Human rights of) (resolution 2005/47) .................................................................................... 195
Minorities (Rights of persons belonging to national or ethnic, religious and linguistic)
(resolution 2005/79) ................................................................................................................................ 304
Myanmar (Situation of human rights in) (resolution 2005/10) ................................................................ 39
National institutions (for the promotion and protection of human rights)
(resolution 2005/74) ................................................................................................................................ 285
Nepal (Technical cooperation and advisory services in) (resolution 2005/78) ......................................... 299
Occupied Palestinian Territory, including East Jerusalem, and the occupied
Syrian Golan (Israeli settlements in the) (resolution 2005/6) ................................................................... 29
Occupied Syrian Golan (Human rights in the) (resolution 2005/8) ......................................................... 36
Office of the United Nations High Commissioner for Human Rights
(Composition of the staff of) (resolution 2005/72) .................................................................................. 273
Opinion and expression (The right to freedom of) (resolution 2005/38) ................................................. 147
Organization of work:
Dates of the sixty-second session of the Commission on Human Rights
(decision 2005/114) ................................................................................................................... 346
Organization of work of the sixty-second session of the Commission
on Human Rights (decision 2005/115) ...................................................................................... 346
Palestine (Situation in Occupied) (resolution 2005/1) ............................................................................. 16
Peace (Promotion of peace as a vital requirement for the full enjoyment of all
human rights by all) (resolution 2005/56) ................................................................................................ 227
Persons invited (List of) (decision 2005/101) .......................................................................................... 336
Persons with disabilities (Human rights of) (resolution 2005/65) ............................................................ 256

Index of topics considered by the Commission at its sixty-first session (continued)
Topic Page
Poverty (Human rights and extreme) (resolution 2005/16) ...................................................................... 61
Racism:
Incompatibility between democracy and racism (resolution 2005/36) ...................................... 143
World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance and the comprehensive implementation of and
follow-up to the Durban Declaration and Programme of Action
(resolution 2005/64) ................................................................................................................... 250
Racism, racial discrimination, xenophobia and related intolerance
(Inadmissibility of certain practices that contribute to fuelling
contemporary forms of) (resolution 2005/5) .............................................................................. 27
Reform of the Secretary-General in the area of human rights (Proposed)
(decision 2005/116) ................................................................................................................... 346
Regional arrangements for the promotion and protection of human rights
(resolution 2005/73) ................................................................................................................................ 282
Religion:
Combating defamation of religions (resolution 2005/3) ............................................................ 21
Elimination of all forms of intolerance and of discrimination
based on religion or belief (resolution 2005/40) ........................................................................ 156
Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian
Law (Basic Principles and Guidelines on the Right to a) (resolution 2005/35) ....................................... 136
Responsibilities (Human rights and human) (decision 2005/111) ........................................................... 344
Right to development (The) (resolution 2005/4) ...................................................................................... 25
Right to drinking water and sanitation (Promotion of the realization of the)
(decision 2005/106) ................................................................................................................................. 342
Right to food (The) (resolution 2005/18) ................................................................................................. 70
Right to the truth (resolution 2005/66) ..................................................................................................... 260
Self-determination (Use of mercenaries as a means of violating human rights and
impeding the exercise of the right of peoples to) (resolution 2005/2) ...................................................... 17
Sierra Leone (Assistance to Sierra Leone in the field of human rights)
(resolution 2005/76) ................................................................................................................................ 294
Solidarity (Human rights and international) (resolution 2005/55) ........................................................... 224
Somalia (Assistance to Somalia in the field of human rights (resolution 2005/83) ................................. 320
Special procedures of the Commission on Human Rights (Enhancing and
strengthening the effectiveness of the special procedures) (decision 2005/113) ...................................... 345

Index of topics considered by the Commission at its sixty-first session (continued)
Topic Page
Sub-Commission on the Promotion and Protection of Human Rights
(The work of the) (resolution 2005/53) .................................................................................................... 217
Sudan (Situation of human rights in the) (resolution 2005/82) ................................................................ 316
Terrorism:
Protection of human rights and fundamental freedoms while countering terrorism
(resolution 2005/80) ................................................................................................................... 307
Terrorism and human rights (decision 2005/107) ...................................................................... 342
Torture and other cruel, inhuman or degrading treatment or punishment
(resolution 2005/39) ................................................................................................................................ 152
Toxic and dangerous products and wastes on the enjoyment of human rights
(Adverse effects of the illicit movement and dumping of) (resolution 2005/15) ..................................... 56
Transnational corporations and other business enterprises (Human rights and)
(resolution 2005/69) ................................................................................................................................ 268
Truth (Right to the) (resolution 2005/66) ................................................................................................. 260
Violence:
The difficulty of establishing guilt and/or responsibility with regard to
crimes of sexual violence (2005/108) ........................................................................................ 343
Violence against women (Elimination of) (resolution 2005/41) ................................................ 161
Water and sanitation (Promotion of the realization of the right to drinking water)
(decision 2005/106) ................................................................................................................... 342
Western Sahara (Question of) (Chairpersons statement of 7 April 2005) ............................................... 360
Women:
Elimination of violence against women (resolution 2005/41) ................................................... 161
Integrating the human rights of women throughout the
United Nations system (resolution 2005/42) .............................................................................. 169
Womens equal ownership, access to and control over land and
the equal rights to own property and to adequate housing
(resolution 2005/25) .................................................................................................................. 103

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Commission on Human Rights : report on the 61st session, 14 March-22 April 2005

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E/2005/23

Commission on Human Rights : report on the 61st session, 14 March-22 April 2005

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