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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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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 Chairperson’s 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 Chairperson’s
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 Chairperson’s 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
Chairperson’s 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
Chairperson’s 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 People’s
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
Chairperson’s 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 Chairperson’s 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
Chairperson’s 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 People’s
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. Women’s 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
Chairperson’s 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
Chairperson’s 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

Checklist of resolutions and decisions of the Commission and
Chairperson’s statements made on behalf of the Commission
at its sixty-first session (continued)
Chapter Agenda item Page
II. B. Decisions
2005/101. Organization of work ..................................................... 3 336
2005/102. Postponement of consideration of draft
resolution E/CN.4/2005/L.3 ........................................... 9 341
2005/103. Question of human rights in Cyprus .............................. 9 341
2005/104. Corruption and its impact on the full enjoyment of
human rights, in particular economic, social and
cultural rights ................................................................. 10 341
2005/105. Study on non-discrimination as enshrined in article 2,
paragraph 2, of the International Covenant on
Economic, Social and Cultural Rights ........................... 10 341
2005/106. Promotion of the realization of the right to drinking
water and sanitation ....................................................... 10 342
2005/107. Terrorism and human rights ........................................... 11 342
2005/108. The difficulty of establishing guilt and/or
responsibility with regard to crimes of
sexual violence ............................................................... 12 343
2005/109. Discrimination based on work and descent .................... 14 343
2005/110. Final report on the study on indigenous peoples’
permanent sovereignty over natural resources ............... 15 343
2005/111. Human rights and human responsibilities ...................... 17 344
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 .......................................... 17 344
2005/113. Enhancing and strengthening the effectiveness of
the special procedures of the Commission on
Human Rights ................................................................ 20 345
2005/114. Dates of the sixty-second session of the Commission
on Human Rights ........................................................... 3 346
2005/115. Organization of work of the sixty-second session
of the Commission on Human Rights ............................ 3 346
2005/116. Proposed reform of the Secretary-General in the
area of human rights ...................................................... 3 346
2005/117. Situation of human rights in Liberia .............................. 3 347
2005/118. Technical cooperation and advisory services
in the field of human rights in Chad .............................. 3 347
C. Chairperson’s statements that the Commission agreed on
by consensus
1. Situation of human rights in Colombia .................................... 3 347
2. Technical cooperation in the field of human rights in
Afghanistan .............................................................................. 19 355
3. Situation of human rights in Haiti ............................................ 19 359
4. Question of Western Sahara ..................................................... 5 360

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 People’s 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 Women’s 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 Commission’s 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 Commission’s decision to extend the mandate
of the Special Rapporteur on the situation of human rights in Myanmar, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year, to request the Special
Rapporteur to submit an interim report to the General Assembly at its 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 People’s Republic of Korea
The Economic and Social Council, taking note of Commission on Human Rights
resolution 2005/11 of 14 April 2005, endorses the Commission’s decision to extend the mandate
of the Special Rapporteur on the situation of human rights in the Democratic People’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s:
(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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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 Commission’s 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
Commission’s 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 Chairperson’s 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 Group’s 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 Children’s 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 map’s 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 wall’s 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 Court’s 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 Israel’s decision of 14 December 1981 to impose
its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the
effective annexation of that 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 Israel’s
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 Children’s 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 People’s 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 People’s Republic of Korea is a party to the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, 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 People’s 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 People’s 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 People’s Republic of Korea,
including suggested measures to guarantee the right to be free from hunger,
Welcoming the invitation by the Democratic People’s 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 People’s 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 People’s 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 People’s 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 People’s 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 People’s
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 People’s
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 People’s 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 People’s 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 People’s Republic of Korea whom he might
wish to meet;
(d) By ratifying human rights instruments to which the Democratic People’s 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 People’s 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 People’s 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 People’s 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 People’s Republic of Korea to extend
full and unreserved cooperation to the Special Rapporteur;
(b) To continue to urge the Government of the Democratic People’s Republic of
Korea to ensure that humanitarian assistance, especially food aid, destined for the people of the
Democratic People’s 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 People’s Republic of Korea, to
report on the situation of human rights in the Democratic People’s Republic of Korea and on the
Government’s 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 People’s 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 People’s 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 People’s 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 world’s 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 women’s 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 women’s 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 Africa’s 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 Children’s
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 world’s
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 world’s 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 Rapporteur’s 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 people’s 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 expert’s 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 Children’s 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 Children’s 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 Children’s 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 Children’s 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
Children’s 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
today’s 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 Children’s 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 world’s
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 Organization’s 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 women’s 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 Rapporteur’s 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. Women’s 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 women’s 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 women’s 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 women’s 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
women’s 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 women’s 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 women’s ability to leave violent situations,
Stressing that the impact of gender-based discrimination and violence against women on
women’s 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 women’s rights to land ownership and
inheritance, and that he has called for positive change and attention to women’s empowerment
and protection of women’s 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
women’s 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 women’s capacity to acquire and retain these
resources,
Convinced also of the need to address specifically the impact of natural disasters on
women’s and children’s 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 women’s 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 women’s 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 women’s 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 women’s 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 women’s 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 women’s 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 women’s rights in housing and domestic violence legislation, to ensure women’s 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 Group’s 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 Group’s views and,
where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived
of their liberty and to inform the Working Group of the steps they have taken;
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
people’s 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 people’s needs and ensure people’s 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 people’s 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 world’s
democracies, which arise out of all of the world’s 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
people’s participation, equity, social justice and non-discrimination, including the enhancement
of non-governmental organizations, people’s 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 people’s 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 elector’s will, and that the results of genuine elections
should be respected and implemented;

3. Takes note with appreciation that the Secretary-General’s 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 Rapporteur’s 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
victim’s 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 person’s 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 victim’s 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 one’s 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 victim’s 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 Rapporteur’s requests to visit their countries and urges them to enter
into a constructive dialogue with the Special Rapporteur with respect to the follow-up to his
recommendations, so as to enable him to fulfil his mandate even more effectively;
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 one’s religion, including the
right to change one’s 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 women’s 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 women’s 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 women’s 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 women’s 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 men’s 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-General’s 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 Rapporteur’s 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 women’s 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 women’s 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 women’s 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 women’s 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
Children’s 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 children’s 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-General’s 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 child’s 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 State’s 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 child’s 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 child’s education, or to be harmful to the child’s 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 offender’s
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-General’s 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 children’s 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 mechanism’s
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 Rapporteur’s 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 Commissioner’s 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-General’s 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 World’s 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 World’s 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 Forum’s 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 World’s 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
world’s 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 WORLD’S
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
World’s 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 world’s indigenous people and their human rights
needs,
Recalling General Assembly resolution 49/214 of 23 December 1994, in which the
Assembly encouraged the Commission to consider the draft declaration with the participation of
representatives of indigenous people, on the basis of and in accordance with appropriate
procedures to be determined by the Commission,
Welcoming the progress made in the process of drafting a declaration on the rights of
indigenous people and emphasizing the importance and special nature of such a draft declaration
as an instrument specifically for promoting the rights of indigenous people,
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 World’s 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
Commission’s 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 Commission’s
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 Chairperson’s 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
Commission’s 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-Commission’s 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 world’s 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 women’s 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 everyone’s 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 Group’s 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 State’s 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 State’s 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 Representative’s 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) Women’s organizations in the design and establishment of transitional justice
mechanisms, so that women are represented in their structures and that a gender perspective and
women’s 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
Office’s 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 Organization’s 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 Network’s 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 l’homme 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
Commission’s 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-General’s 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 movement’s 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 d’Ivoire 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 Mission’s 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 Commission’s 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) Cambodia’s 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) Cambodia’s 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 Minister’s 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 Nepal’s 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 Minister’s 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 off