UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/1998/L.11/Add.3
17 April 1998
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fiftyfourth
session
Agenda item 26
REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON THE
FIFTYFOURTH
SESSION OF THE COMMISSION
Draft report of the Commission
Rapporteur: Mr. Roman Kuzniar
CONTENTS*
Chapter Page
II. Resolutions and decisions adopted by the Commission at its
fiftyfourth
session . . . . . . . . . . . . . . . . . . . .
A. Resolutions
1998/22. Assistance to Guatemala in the field of
human rights . . . . . . . . . . . . . . . . .
1998/23. The right to food . . . . . . . . . . . . . . .
1998/24. Effects on the full enjoyment of human rights
of the economic adjustment policies arising
from foreign debt and, in particular, on the
implementation of the Declaration on the Right
to Development . . . . . . . . . . . . . . . .
* Documents E/CN.4/1998/L.10 and addenda will contain the chapters
of the report relating to the organization of the session and the various
items on the agenda. Resolutions and decisions adopted by the Commission,
as well as draft resolutions and decisions for action by, and other matters
of concern to, the Economic and Social Council, will be contained in
documents E/CN.4/1998/L.11 and addenda.
GE.9812313
(E)
E/CN.4/1998/L.11/Add.3
page 2
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1998/25. Human rights and extreme poverty . . . . . . .
1998/26. Racism, racial discrimination, xenophobia
and related intolerance . . . . . . . . . . . .
1998/27. Effective implementation of international
instruments on human rights, including
reporting obligations under international
instruments on human rights . . . . . . . . . .
1998/28. Work of the SubCommission
on Prevention of
Discrimination and Protection of Minorities . .
1998/29. Minimum humanitarian standards . . . . . . . .
1998/30. Traffic in women and girls . . . . . . . . . .
1998/31. Human rights of persons with disabilities . . .
1998/32. Privatization of prisons . . . . . . . . . . .
1998/33. Question of the realization in all countries
of the economic, social and cultural rights
contained in the Universal Declaration of
Human Rights and in the International
Covenant on Economic, Social and Cultural
Rights, and study of special problems which
the developing countries face in their efforts
to achieve these human rights . . . . . . . . .
1998/34. Question of a draft optional protocol to
the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment . . . . . . . . . . . . . . . . . .
1998/35. Independence and impartiality of the
judiciary, jurors and assessors and
the independence of lawyers . . . . . . . . . .
1998/36. Human rights and forensic science . . . . . . .
1998/37. United Nations staff . . . . . . . . . . . . .
E/CN.4/1998/L.11/Add.3
page 3
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1998/38. Torture and other cruel, inhuman or degrading
treatment or punishment . . . . . . . . . . . .
1998/39. Human rights in the administration of justice,
in particular of children and juveniles in
detention . . . . . . . . . . . . . . . . . . .
1998/40. Question of enforced or involuntary
disappearances . . . . . . . . . . . . . . . .
1998/41. Question of arbitrary detention . . . . . . . .
1998/42. Right to freedom of opinion and expression . .
E/CN.4/1998/L.11/Add.3
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1998/22. Assistance to Guatemala in the field of human rights
The Commission on Human Rights,
Guided by the principles embodied in the Charter of the United Nations,
the Universal Declaration of Human Rights and the International Covenants on
human rights,
Recalling its resolution 1997/51 of 15 April 1997,
Taking note with satisfaction of the report by the members of the
mission sent to Guatemala by the Secretary-General (E/CN.4/1998/93),
Expressing its appreciation to the Government of Guatemala and other
actors for their cooperation with the mission appointed by the
SecretaryGeneral,
which has enabled it to carry out its mandate to the full,
Acknowledging that institutionally there no longer exists an established
State policy that violates human rights or individual guarantees in the
country,
Acknowledging also the fundamental contribution that the United Nations
Verification Mission in Guatemala (MINUGUA) has made to that end, and in
general to the peace process,
Recalling that international cooperation in the field of human rights is
one of the purposes of the Charter of the United Nations,
Congratulating the Government of Guatemala and the Unidad Revolucionaria
Nacional Guatemalteca (URNG), as signatories to the Agreement on a Firm and
Lasting Peace, on the successful implementation of all the aspects concerned
with the termination of the internal armed conflict,
Expressing its gratification at the progress achieved in the
implementation of the peace agreements in Guatemala, which is considered
positive and necessary for the consolidation of democracy and the full
realization of human rights, particularly civil and political rights,
Considering that, despite this significant progress, the process of
execution of the peace agreements has entered upon a phase in which further
firm and important decisions are necessary in regard to the implementation of
substantive aspects contained mainly in the Agreement on the Strengthening of
Civilian Power and on the Role of the Armed Forces in a Democratic Society,
the Agreement on Social and Economic Aspects and the Agrarian Situation, and
the Agreement on the Identity and Rights of Indigenous Peoples,
E/CN.4/1998/L.11/Add.3
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Requesting all political parties with parliamentary representation in
Guatemala to implement as soon as possible the constitutional reforms, in
accordance with what was determined in the peace agreements in order to give
them the requisite judicial and constitutional validity,
Considering, in particular, that representatives of the Government of
Guatemala jointly with representatives of the Mayan, Garífunas and Xincas
organizations are conducting a process of dialogue and negotiation through the
joint commissions set up in pursuance of the Agreement on the Identity and
Rights of Indigenous Peoples, with the objective of eliminating the
longstanding
discrimination and exclusion and defining new mechanisms for
political, economic, social and cultural participation by the indigenous
peoples,
Taking into account the fact that the redefinition of a multicultural,
multilingual and multiethnic nation, as also the need to give full legal and
constitutional validity to the agreements, necessitates the constitutional
reforms provided for in the peace agreements,
Calling upon the Government of Guatemala to intensify the policies aimed
at improving conditions of public security and administration of justice,
especially in the fight against impunity,
Expressing its interest in the continuation of progress in dealing with
the national agrarian issue and with fiscal policies within the terms and the
spirit established in the peace agreements,
Aware of the citizen security problem,
Expressing its confidence that, as stated by the Executive, the
participation of the armed forces with the National Civil Police and the
Public Prosecutor's Office will be temporary and subject to civilian
authority,
Expressing its concern about the difficulties that have been encountered
in the bringing into force and practical application of the Childhood and
Youth Code, in conformity with the Convention on the Rights of the Child,
Considering that Guatemala meets the conditions for moving into a new
phase of cooperation and technical assistance and that this must be
encouraged,
Taking into account the cooperation programmes that Guatemala is
receiving from other United Nations bodies,
E/CN.4/1998/L.11/Add.3
page 6
Welcoming the establishment of a forum for exchange of views between
governmental and non-governmental human rights organizations, whose objective
must be joint analysis of policies and mechanisms for the protection and
promotion of human rights, and urging the participants to consolidate that
forum,
1. Commends the work performed by the members of the mission
appointed by the Secretary-General, and requests the Government of Guatemala
and other actors to take into account the conclusions and recommendations
contained in the report submitted by that mission (E/CN.4/1998/93);
2. Declares its support for the actions of MINUGUA, which are
contributing to the consolidation of democracy and the effective
implementation of the peace agreements, and recommends the extension of its
mandate until the completion of the established timetable;
3. Recognizes the efforts of the Government of Guatemala in the field
of human rights, and encourages it further to promote human rights and
fundamental freedoms and to intensify policies which will improve public
security conditions and the administration of justice, especially in the fight
against impunity;
4. Expresses its support for the work of the Commission for
Historical Clarification, recommends the Government of Guatemala to
collaborate with that Commission by providing it with all the information it
requests, and urges the Government to adopt and promote the recommendations
formulated in the Commission's final report;
5. Recalls the importance of the provisions contained in the
Comprehensive Agreement on Human Rights, to the effect that it is a
humanitarian duty to compensate and/or assist victims of human rights
violations, priority being given to those in greatest need, such as uprooted
populations, widows, orphans and relatives of missing persons, through
measures and programmes of a civil and socioeconomic
nature, and appeals in
furtherance of that objective to the cooperation of the international
community;
6. Recommends the Government of Guatemala to ratify all international
standards for the protection of human rights and establish all the necessary
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page 7
mechanisms for active participation in their application, and to continue
cooperating with the organs and bodies of the United Nations system for the
promotion and defence of human rights;
7. Requests the Office of the United Nations High Commissioner for
Human Rights, when the agreement on the provision of advisory services in the
field of human rights signed between the High Commissioner's office and the
Government of Guatemala expires, to renew it, providing assistance
particularly to the Office of the Ombudsman, to governmental bodies, and to
nongovernmental
organizations for the protection of human rights, of women
and of indigenous populations;
8. Encourages the Government of Guatemala to expedite and intensify
the provision of assistance and services to the most vulnerable sectors of the
population, in conformity with the content and spirit of the peace agreements,
particularly the Agreement on Social and Economic Aspects and the Agrarian
Situation;
9. Expresses its wish that the structure and goals of tax and fiscal
reform, on which the country's development largely depends, be in accordance
with the terms established in the peace agreements;
10. Declares its support for the proposals for reform of the judicial
system made by the Commission on the Strengthening of the Justice System, so
that they may be implemented and progress made, through duly coordinated
action with the Public Prosecutor's Office and the national civil police,
towards solving the problem of citizen security;
11. Requests the Government of Guatemala and the indigenous peoples'
organizations to give effect as soon as possible to the undertakings agreed to
in the framework of negotiations and decisions of the joint commissions;
12. Encourages State organisms and all sectors of Guatemalan society
to give effect as soon as possible to the commitments entered into with the
signing of the Convention on the Rights of the Child;
13. Requests the acceleration of the mechanisms to facilitate the full
integration of all demobilized persons into the country's civilian and
productive life;
14. Urges the international community, and in particular the
United Nations, to continue providing, especially in this transitional phase,
their support to Guatemala, in order to achieve complete and timely
implementation of the agreements signed and full realization of fundamental
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page 8
human rights, supplying and increasing the technical and financial resources
necessary for the execution of all the agreements;
15. Decides to conclude its consideration of the human rights
situation in Guatemala.
43rd meeting
14 April 1998
[Adopted without a vote. See chap. XVII.]
1998/23. 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 his health and
wellbeing,
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,
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,
Recalling its resolution 1997/8 of 3 April 1997,
Recognizing that the problems of hunger and food insecurity have 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
stress on natural resources,
Reaffirming that a peaceful, stable and enabling political, social and
economic environment is the essential foundation which will enable States to
give adequate priority to food security and poverty eradication,
Reiterating, as did the Rome Declaration, that food should not be used
as an instrument of political and 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,
E/CN.4/1998/L.11/Add.3
page 9
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 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,
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 level 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 intolerable that more than 800 million people, specially
women and children, throughout the world, and particularly in developing
countries, do not have enough food to meet their basic nutritional needs,
which infringes their fundamental human rights;
4. 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;
5. Welcomes the initiative undertaken by the Office of the High
Commissioner for Human Rights to convene, as requested by the Commission in
resolution 1997/8, the Consultation on the Right to Adequate Food, as a
concrete and practical response to objective 7.4 of the Rome Declaration and
Plan of Action, in order to better define the rights relating to food in
article 11 of the International Covenant on Economic, Social and Cultural
Rights and to propose ways to implement and realize those rights as a means of
achieving the commitments of the World Food Summit, and urges Member States to
cooperate fully with the High Commissioner in this effort;
6. Endorses the proposal made by the Consultation to have a followup
meeting in 1998 to pursue the discussions on the contents and means of
implementation of the rights related to adequate food in order to provide the
High Commissioner with a full set of recommendations concerning her response
to the request of the World Food Summit and, in this regard, invites the High
E/CN.4/1998/L.11/Add.3
page 10
Commissioner to promote and encourage broader participation by experts from
Member States, relevant specialized agencies and programmes, in particular
the Food and Agriculture Organization of the United Nations, as well as
nongovernmental
organizations;
7. Invites the Committee on Economic, Social and Cultural Rights to
consider, draft and adopt a general comment as a contribution to the
clarification of the content of the rights related to food in article 11 of
the International Covenant on Economic, Social and Cultural Rights, and as
part of their input to the meeting proposed in paragraph 6 above;
8. Requests the High Commissioner for Human Rights to report on the
implementation of the present resolution to the Commission on Human Rights at
its fiftyfifth
session.
51st meeting
17 April 1998
[Adopted without a vote. See chap. V.]
1998/24. Effects on the full enjoyment of human rights of the
economic adjustment policies arising from foreign
debt and, in particular, on the implementation of
the Declaration on the Right to Development
The Commission on Human Rights,
Recalling that the purpose of the Universal Declaration of Human Rights
is the full promotion and protection of human rights and fundamental freedoms,
Reaffirming the Declaration on the Right to Development, adopted by
the General Assembly in its resolution 41/128 of 4 December 1986, and the
resolutions and decisions adopted by the United Nations in connection with the
problem of the foreign debt of the developing countries,
Bearing in mind that the absolute amounts attained by the foreign debt
and debt service of the developing nations indicate the persistent seriousness
of this situation and that despite the improvement in some indicators, the
foreign debt burden continues to be intolerable for a considerable number of
developing countries,
Aware that the serious problem of the foreign debt burden remains one of
the most critical factors adversely affecting economic, social, scientific and
technical development and living standards in many developing countries, with
serious effects of a social nature,
E/CN.4/1998/L.11/Add.3
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Stressing that the economic globalization process creates new risks and
uncertainties,
Expressing its concern at the continuing decline in levels of official
development assistance,
Considering that the measures for alleviating the debt problem, of both
official and private origin, have not achieved an effective, equitable,
developmentoriented
and durable solution to the outstanding debt and debt
service of a large number of developing countries, especially the poorest and
heavily indebted countries,
Bearing in mind the relationship between the heavy foreign debt burden
and the considerable increase in poverty which is apparent at the world level
and is especially large in Africa,
Recognizing that the foreign debt constitutes one of the main obstacles
preventing the developing countries from fully enjoying their right to
development,
1. Takes note of the report submitted by the SecretaryGeneral
in accordance with Commission resolution 1997/10 of 3 April 1997
(E/CN.4/1998/24);
2. Stresses the importance of continuing to implement immediate,
effective and durable actions for alleviating the debt and debtservice
burdens of developing countries with debt problems in the framework of the
realization of economic, social and cultural rights;
3. Affirms that the permanent solution to the foreign debt problem
lies in the establishment of a just and equitable international economic order
which guarantees the developing countries, inter alia, better market access,
stabilization of exchange rates and interest rates, access to financial and
capital markets, adequate flows of financial resources and better access to
the technology of the developed countries;
4. Stresses the need for the economic programmes arising from the
foreign debt to take account of the specific characteristics, conditions and
needs of the debtor countries and the need to incorporate the social dimension
of development;
5. Affirms that the exercise of the basic rights of the people of the
debtor countries to food, housing, clothing, employment, education, health
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page 12
services and a healthy environment cannot be subordinated to the
implementation of structural adjustment policies and economic reforms arising
from the debt;
6. Emphasizes the important need for the initiatives on the foreign
debt, in particular the Debt Initiative for the heavily indebted poor
countries and the decision of the Paris Club to go beyond the Naples terms,
to be implemented completely and flexibly, and at the same time notes with
concern the rigidity of the eligibility criteria approved by the international
creditor community in the context of these initiatives;
7. Emphasizes the need for new flows of financial resources to the
indebted developing countries, and urges the creditor countries and the
international financial institutions to increase financial assistance on
favourable terms as a means of supporting the implementation of the economic
reforms, combating poverty, and achieving sustained economic growth and
sustainable development;
8. Decides, in particular in the light of recent trends, to appoint,
for a threeyear
period, a special rapporteur on the effects of foreign debt
on the full enjoyment of economic, social and cultural rights;
9. Requests the Special Rapporteur to present an analytical report to
the Commission, on an annual basis, beginning at its fiftyfifth
session, on
the implementation of the present resolution, paying particular attention to:
(a) The negative effects of the foreign debt and the policies adopted
to face it on the full enjoyment of economic, social and cultural rights in
developing countries;
(b) Measures taken by Governments, the private sector and
international financial institutions to alleviate such effects in developing
countries, especially the poorest and heavily indebted countries;
10. Requests the SecretaryGeneral
to provide the Special Rapporteur
with all necessary assistance, in particular the staff and resources required
to perform his or her functions;
11. Urges Governments, international organizations, international
financial institutions, nongovernmental
organizations and the private sector
to cooperate fully with the Special Rapporteur in the discharge of his or her
mandate;
12. Recognizes that there is a need for more transparency in the
activities of international financial institutions;
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page 13
13. Considers that, in order to find a durable solution to the debt
problem, there is a need for a political dialogue between creditor and debtor
countries within the United Nations system, based on the principle of shared
interests and responsibilities;
14. Requests the United Nations High Commissioner for Human Rights to
pay particular attention to the problem of the debt burden of developing
countries, in particular of the less developed countries, and especially the
social impact of the measures arising from the foreign debt;
15. Decides to continue to consider this matter at its fiftyfifth
session in connection with the corresponding agenda item.
51st meeting
17 April 1998
[Adopted by a vote of 27 votes to 16,
with 9 abstentions. See chap. V.]
1998/25. 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 only be achieved
if conditions are created whereby everyone may enjoy his economic, social and
cultural rights, as well as his civil and political rights,
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,
Deeply concerned that, in the year of the fiftieth anniversary of the
Universal Declaration of Human Rights, extreme poverty continues to spread
throughout the world, regardless of economic, social or cultural situations,
and that its extent and manifestations are particularly severe in developing
countries,
Bearing in mind the relevant provisions of the Vienna Declaration and
Programme of Action (A/CONFERENCE.157/23) adopted by the World Conference on
Human Rights,
Recalling its resolution 1997/11 of 3 April 1997, in which it expressed
inter alia its satisfaction to the Special Rapporteur for his final report on
human rights and extreme poverty,
E/CN.4/1998/L.11/Add.3
page 14
Recalling also General Assembly resolution 50/107 of 20 December 1995
proclaiming the United Nations Decade for the Eradication of Poverty,
Stressing that, in the Copenhagen Declaration on Social Development and
Programme of Action of the World Summit for Social Development, Governments
committed themselves to endeavouring to ensure that all men and women,
especially those living in poverty, could exercise the rights, utilize the
resources and share the responsibilities that would enable them to lead
satisfying lives and to contribute to the well-being of their families, their
communities and humankind, and committed themselves to the goal of eradicating
poverty throughout the world through national actions and international
cooperation, as an ethical, social, political and economic imperative of
humankind,
Noting with appreciation the report of the Secretary-General on women's
real enjoyment of human rights, in particular those relating to the
elimination of poverty, economic development and economic resources
(E/CN.4/1998/22-E/CN.6/1998/22),
Further noting with satisfaction the report of the High Commissioner for
Human Rights (E/CN.4/1998/122),
Welcoming the launching of a plan of action by the Microcredit Summit
held at Washington, D.C., in February 1997, to give people living in poverty,
particularly women, access to credit for the promotion of self-employment
by 2005,
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) It is essential for States to foster participation by the poorest
people in the decision-making process in their communities, in the realization
of human rights and in efforts to combat extreme poverty, and for people
living in poverty and vulnerable groups to be empowered to organize themselves
E/CN.4/1998/L.11/Add.3
page 15
and to participate in all aspects of political, economic and social life,
particularly the planning and implementation of policies that affect them, so
enabling them to become genuine partners in development;
2. Recalls that:
(a) To ensure the protection of the rights of all individuals,
nondiscrimination
towards 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
thought must be given to the subject, drawing on the experience and ideas of
the poorest themselves and of those committed to working alongside them;
(b) In its resolution 1997/11, it requested the High Commissioner for
Human Rights to give high priority to the question of human rights and extreme
poverty, ensure better cooperation between the institutions and bodies
involved, regularly inform the General Assembly of the evolution of the
question and submit specific information on this question at events such as
the evaluation of the World Conference on Human Rights planned for 1998, the
special session of the General Assembly devoted to conclusions of the World
Summit for Social Development, scheduled for 2000, and the evaluation, at the
halfway point in 2002 and the end-point in 2007, of the first United Nations
Decade for the Eradication of Poverty;
3. Requests the High Commissioner for Human Rights to include in the
midterm
evaluation report on the Vienna Declaration and Programme of Action
the progress made regarding the full enjoyment of all human rights and the
alleviation of extreme poverty in accordance with the relevant provisions of
the Declaration;
4. Calls upon:
(a) The General Assembly, specialized agencies, United Nations bodies
and intergovernmental organizations to take into account the contradiction
between the existence of situations of extreme poverty and exclusion from
society, which must be overcome, and the duty to guarantee full enjoyment of
human rights;
(b) States and intergovernmental and non-governmental organizations to
continue to take into account, in the activities to be undertaken within the
framework of the United Nations Decade for the Eradication of Poverty, the
E/CN.4/1998/L.11/Add.3
page 16
links between extreme poverty and human rights, as well as the efforts to
empower people living in poverty to participate in decision-making processes
on policies that affect them;
5. Invites:
(a) 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;
(b) States, the organs of the United Nations system, particularly the
Office of the United Nations High Commissioner for Human Rights and UNDP, and
intergovernmental and nongovernmental
organizations to focus the activities
undertaken for the International Day for the Eradication of Poverty,
17 October 1998, on “Poverty and human rights in the framework of
development”, the theme chosen for 1998 in the context of the United Nations
Decade for the Eradication of Poverty;
6. Decides to appoint, for a period of two years, an independent
expert on the question of human rights and extreme poverty to:
(a) Evaluate the relationship between the promotion and protection of
human rights and extreme poverty, including through the evaluation of measures
taken at the national and international levels to promote the full enjoyment
of human rights by persons living in extreme poverty;
(b) Take into account in particular the obstacles encountered and
progress made by women living in extreme poverty as regards the enjoyment of
their fundamental rights;
(c) Make recommendations and, as appropriate, proposals in the sphere
of technical assistance;
(d) Report on these activities to the Commission on Human Rights at
its fifty-fifth and fifty-sixth sessions and to make those reports available
to the Commission on Social Development and the Commission on the Status of
Women, as appropriate, for their sessions during the same years;
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page 17
(e) Contribute to the General Assembly’s evaluation in the year 2000
of the World Summit on Social Development by making his final report and his
conclusions available to the preparatory committee for the special session of
the General Assembly devoted to that evaluation;
(f) Make suggestions to the Commission on Human Rights at its
fifty-fifth session on the main points of a possible draft declaration on
human rights and extreme poverty so that the Commission can consider the
possibility of initiating at the fifty-first session of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities the drafting by that
body of a text for examination by the Commission and possible adoption by the
General Assembly, and to take into account in that regard, inter alia, the
International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the Vienna Declaration and
Programme of Action, the Copenhagen Declaration and Programme of Action of the
World Summit for Social Development, the Agenda for Development and the final
report of Mr. Leandro Despouy (E/CN.4/Sub.2/1996/13);
7. Decides to examine this question at its fifty-fifth session under
the same agenda item;
8. Recommends the following draft decision to the Economic and Social
Council for adoption:
“The Economic and Social Council, taking note of Commission on
Human Rights resolution 1998/25 of 17 April 1998, endorses the
Commission's decision to appoint, for a period of two years, an
independent expert on the question of human rights and extreme poverty
to:
“(a) Evaluate the relationship between the promotion and
protection of human rights and extreme poverty, including through the
evaluation of measures taken at the national and international levels to
promote the full enjoyment of human rights by persons living in extreme
poverty;
“(b) Take into account in particular the obstacles encountered
and progress made by women living in extreme poverty as regards the
enjoyment of their fundamental rights;
“(c) Make recommendations and, as appropriate, proposals in the
sphere of technical assistance;
E/CN.4/1998/L.11/Add.3
page 18
“(d) Report on these activities to the Commission on Human Rights
at its fiftyfifth
and fiftysixth
sessions and to make those reports
available to the Commission on Social Development and the Commission on
the Status of Women, as appropriate, for their sessions during the same
years;
“(e) Contribute to the General Assembly's evaluation in the year
2000 of the World Summit on Social Development by making his final
report and his conclusions available to the preparatory committee for
the special session of the General Assembly devoted to that evaluation;
“(f) Make suggestions to the Commission on Human Rights at its
fiftyfifth
session on the main points of a possible draft declaration
on human rights and extreme poverty so that the Commission can consider
the possibility of initiating at the fiftyfirst
session of the
SubCommission
on Prevention of Discrimination and Protection of
Minorities the drafting by that body of a text for examination by the
Commission and possible adoption by the General Assembly, and to take
into account in that regard, inter alia, the International Covenant on
Civil and Political Rights, the International Covenant on Economic,
Social and Cultural Rights, the Vienna Declaration and Programme of
Action, the Copenhagen Declaration and Programme of Action of the World
Summit for Social Development, the Agenda for Development and the final
report of Mr. Leandro Despouy (E/CN.4/Sub.2/1996/13).”
51st meeting
17 April 1998
[Adopted by a rollcall
vote of 51 votes to 1.
See chap. V]
1998/26 Racism, racial discrimination, xenophobia
and related intolerance
The Commission on Human Rights,
Reaffirming the Universal Declaration of Human Rights, the Charter of
the United Nations, the International Covenants on Human Rights and the
International Convention on the Elimination of All Forms of Racial
Discrimination,
Reaffirming also its firm determination and its commitment to eradicate
totally and unconditionally racism in all its forms and racial discrimination,
E/CN.4/1998/L.11/Add.3
page 19
and its conviction that racism and racial discrimination constitute a total
negation of the purposes and principles of the Charter of the United Nations
and the Universal Declaration of Human Rights,
Reaffirming further its resolution 1996/21 of 19 April 1996 and
recalling General Assembly resolutions 51/79 of 12 December 1996, 52/109
and 52/111 of 12 December 1997 as well as resolution 1996/8 of 23 August 1996
of the Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Mindful of General Assembly resolution 45/105 of 14 December 1990, in
which the Assembly declared once again that all forms of racism and racial
discrimination, particularly in their institutionalized form, such as
apartheid, or resulting from official doctrines of racial superiority of
exclusivity, were among the most serious violations of human rights in the
contemporary world and must be combated by all available means,
Recalling the recommendations of the two World Conferences to Combat
Racism and Racial Discrimination, held in Geneva in 1978 and 1983,
Bearing in mind the Vienna Declaration and Programme of Action
(A/CONF.157/23), which calls for the speedy and comprehensive elimination of
all forms of racism, racial discrimination, xenophobia and related
intolerance,
Deeply concerned that, despite continuing efforts, contemporary forms of
racism, racial discrimination, any form of discrimination, inter alia against
Blacks, Arabs and Muslims, xenophobia, Negrophobia, anti-Semitism and related
intolerance persist and are even growing in magnitude, incessantly adopting
new forms, including tendencies to establish policies based on racial,
religious, ethnic, cultural and national superiority or exclusivity,
Particularly alarmed at the rise of racist and xenophobic ideas in
political circles, in the sphere of public opinion and in society at large,
Conscious of the fundamental difference between, on the one hand, racism
and racial discrimination as an institutionalized governmental policy or
resulting from official doctrines of racial superiority or exclusivity and, on
the other hand, other manifestations of racism, racial discrimination,
xenophobia and related intolerance taking place in segments of many societies
and perpetrated by individuals or groups, some of which are directed against
migrant workers and their families,
E/CN.4/1998/L.11/Add.3
page 20
Reaffirming, in this regard, the responsibility of Governments for
safeguarding and protecting the rights of individuals residing in their
territory against crimes perpetrated by racist or xenophobic individuals or
groups,
Deeply concerned about the fact that the phenomenon of racism and racial
discrimination against migrant workers continues to increase despite efforts
undertaken by the international community to improve the protection of the
human rights of migrant workers and members of their families,
Noting the report of the intergovernmental working group of experts on
the human rights of migrants, (E/CN.4/1998/76),
Noting with grave concern that, despite the efforts of the international
community, the principal objectives of the two Decades for Action to Combat
Racism and Racial Discrimination have not been attained and that millions of
human beings continue to this day to be victims of varied forms of racism and
racial discrimination,
Noting also with grave concern that despite the efforts undertaken by
the international community at various levels, racism, racial discrimination,
xenophobia and related forms of intolerance, ethnic antagonism and acts of
violence are showing signs of increase,
Deeply concerned that those advocating racism and racial discrimination
misuse new communication technologies, including the Internet, to disseminate
their repugnant views,
Aware that racism, being one of the exclusionist phenomena plaguing many
societies, requires resolute action and cooperation for its eradication,
Reaffirming that impunity for crimes motivated by racist and xenophobic
attitudes contributes to the weakening of the rule of law and tends to
encourage the recurrence of such crimes,
Noting General Assembly resolution 48/91 of 20 December 1993, in which
the Assembly proclaimed the Third Decade to Combat Racism and Racial
Discrimination, beginning in 1993, and adopted the Programme of Action
proposed for the Third Decade,
Having examined the report of the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance
(E/CN.4/1998/79),
Observing that the manifestations of contemporary forms of racism,
racial discrimination, xenophobia and related intolerance bode ill for the
E/CN.4/1998/L.11/Add.3
page 21
international community, that racist propaganda and incitement to racial
hatred are spreading and that racism is taking increasingly violent forms,
Underlining the importance of urgently eliminating growing and violent
trends of racism and racial discrimination, and conscious that any form of
impunity 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 crimes, and requires resolute action and cooperation for
its eradication,
Noting General Assembly resolution 52/111 by which the Assembly decided
to convene a world conference against racism and racial discrimination,
xenophobia and related intolerance, to be held not later than the year 2001,
Noting also that the Assembly in the same resolution decided that the
Commission on Human Rights will serve as the Preparatory Committee for the
Conference,
Considering that the World Conference should be actionoriented
and
aimed at the eradication of contemporary forms of racism, racial
discrimination, xenophobia and related intolerance,
I
General
1. Expresses its profound concern and unequivocal condemnation of all
forms of racism and racial discrimination, including related acts of racially
motivated violence as well as all propaganda activities and organizations
which attempt to justify or promote racism, racial discrimination and
xenophobia and related intolerance in any form;
2. Declares that racism and racial discrimination are amongst the
most serious violations of human rights in the contemporary world and must be
combated by all available means;
3. Underlines the importance of effective action to create conditions
that foster greater harmony and tolerance within societies;
4. Expresses its deep concern at and condemnation of manifestations
of racism, racial discrimination, xenophobia and related intolerance against
migrant workers and members of their families and other vulnerable groups in
many societies;
5. Calls upon all States to review and, where necessary, revise their
immigration policies with a view to eliminating all discriminatory policies
E/CN.4/1998/L.11/Add.3
page 22
and practices against migrants, which are inconsistent with international
human rights instruments;
6. Condemns all forms of racial discrimination and xenophobia as
regards access to employment, vocational training, housing, schooling, health
and access to social services;
7. Categorically condemns any role played by some print, audio-visual
or electronic media in inciting acts of violence motivated by racial hatred;
8. Urges Governments to take all necessary measures against
incitement to racial hatred, including those through print, audiovisual
or
electronic media;
9. Calls upon all States, where appropriate, to strengthen their
national legislation and institutions for the promotion of racial harmony and
notes the conclusions and recommendations of the Special Rapporteur in this
regard, including those on the importance of integration of vulnerable groups
in the mainstream societies;
10. Welcomes the active role played by non-governmental organizations
in combating racism and assisting individual victims of racist acts;
11. Invites all Governments to take measures, where possible, to
provide assistance and rehabilitation to victims of acts of racism, racial
discrimination, xenophobia and related intolerance;
12. Encourages the mass media to promote ideas of tolerance and
understanding among peoples and between different cultures;
13. Takes note with interest of general recommendation XV (42)
of 17 March 1993 of the Committee on the Elimination of Racial Discrimination
on article 4 of the International Convention on the Elimination of All Forms
of Racial Discrimination, in which the Committee concluded that the
prohibition of the dissemination of all ideas based on racial superiority or
racial hatred is compatible with the right to freedom of opinion and
expression as embodied in article 19 of the Universal Declaration of
Human Rights, and recalled in article 5 of the Convention;
E/CN.4/1998/L.11/Add.3
page 23
II
Implementation of the Programme of Action for the Third Decade to Combat
Racism and Racial Discrimination and coordination of activities
14. Takes note of the report of the Secretary-General on the
implementation of the Programme of Action for the Third Decade to Combat
Racism and Racial Discrimination (E/CN.4/1998/77, and Add.1 and 2);
15. Regrets the continued lack of interest, support and financial
resources for the Third Decade and the Programme of Action, and that very few
of the activities planned for the period 1994-1997 were carried out;
16. Recognizes the laudable and generous efforts by donors that have
made contributions to the Trust Fund for the Programme for the Decade to
Combat Racism and Racial Discrimination, but feels that these financial
contributions have proved inadequate and that the General Assembly should
consider all ways and means of financing the Programme of Action, including
through the United Nations regular budget;
17. Regrets that a detailed report on the financial and personnel
resources required for the implementation of the Programme of Action for
the Third Decade to Combat Racism and Racial Discrimination was not presented
at the fifty-second session of the General Assembly and urges the
SecretaryGeneral
to submit the said report to the Assembly at its fifty-third
session, and reiterates its request to the General Assembly to consider the
possibility of providing the resources required for the implementation of the
Programme of Action for the Third Decade;
18. Warmly calls upon all Governments, United Nations bodies, the
specialized agencies and intergovernmental organizations, as well as
interested non-governmental organizations, to fully contribute to the
effective implementation of the Programme of Action for the Third Decade to
Combat Racism and Racial Discrimination;
19. Reiterates its request to the United Nations High Commissioner for
Human Rights to take duly into account the repeated appeals of the
General Assembly and the Economic and Social Council for the establishment of
a mechanism within the Office of the High Commissioner for Human Rights as a
focal point for coordinating all the activities of the Third Decade before
they are carried out by the United Nations;
E/CN.4/1998/L.11/Add.3
page 24
20. Affirms its determination to combat violence stemming from
intolerance on the basis of ethnicity which it also considers an issue of
particular gravity;
21. Recommends that States give priority to education as a principal
means of preventing and eradicating racism and racial discrimination and of
creating awareness of the principles of human rights, particularly among young
people, and to the training of law enforcement personnel, inter alia through
the promotion of tolerance and respect for cultural diversity;
III
Follow-up activities
22. Welcomes the convening, in Geneva of two seminars, from 5 to
9 May 1997 on immigration, racism and racial discrimination and from 10 to
14 November 1997 on the role of the Internet with regard to the provisions of
the International Convention on the Elimination of All Forms of Racial
Discrimination, and takes note of the conclusions and recommendations
contained in the reports of the seminars (E/CN.4/1998/77/Add.1 and 2);
23. Also welcomes the Cotonou Seminar of June 1997 and work of the
Council of Europe in combating racism, racial discrimination and related
intolerance;
24. Invites States to ensure that the competence of their
institutions which deal with the promotion and protection of human rights
encompasses issues linked to the struggle against racism and racial
discrimination, and to promote cooperation, understanding and the exchange of
experiences among them;
IV
Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance and follow-up to his visits
25. Takes note of the report of the Special Rapporteur
(E/CN.4/1998/79);
26. Expresses its full support and appreciation for the work of the
Special Rapporteur and for its continuation;
27. Requests the Special Rapporteur to continue his exchange of views
with Member States and relevant mechanisms and treaty bodies within the
United Nations system in order to enhance further their effectiveness and
mutual cooperation;
E/CN.4/1998/L.11/Add.3
page 25
28. Calls upon all Governments, intergovernmental organizations and
other relevant organizations of the United Nations system, as well as
non-governmental organizations, to supply information to the Special
Rapporteur;
29. Urges all Governments to cooperate fully with the Special
Rapporteur with a view to enabling him to fulfil his mandate to examine
incidents of contemporary forms of racism, racial discrimination, any form of
discrimination, inter alia against Blacks, Arabs and Muslims, xenophobia,
Negrophobia, anti-Semitism and related intolerance;
30. Requests the Special Rapporteur to make the fullest use of all
appropriate sources of information, including country visits and evaluation of
the mass media, and to elicit responses from Governments with regard to
allegations;
31. Commends those States that have so far invited and received the
Special Rapporteur;
32. Invites the Governments of the States so far visited to consider
ways to implement the recommendations contained in the reports of the Special
Rapporteur and requests the Special Rapporteur to include in his report to the
Commission at its fifty-fifth session, under the same agenda item, information
on the measures taken to implement these recommendations, and to undertake
follow-up visits, if necessary;
33. Notes with concern the increase in the use of new technologies in
communications, in particular the Internet, to disseminate racist ideas and
incite racial hatred;
34. Notes that the use of such technology can contribute to combating
racism, racial discrimination, xenophobia and related intolerance;
35. Requests the High Commissioner for Human Rights to undertake
research and consultations on the use of the Internet for purposes of
incitement to racial hatred, racist propaganda and xenophobia and to draw up a
programme of human rights education and exchanges over the Internet on
experience in the struggle against racism, xenophobia and anti-Semitism;
36. Urges the High Commissioner for Human Rights to provide those
countries which were visited by the Special Rapporteur, at their request, with
advisory services and technical assistance to enable them to implement fully
the recommendations of the Special Rapporteur;
V
E/CN.4/1998/L.11/Add.3
page 26
International Convention on the Elimination of
All Forms of Racial Discrimination
37. Appeals to those States that have not yet done so to consider
ratifying or acceding to the relevant international instruments, particularly
the International Convention on the Elimination of All Forms of Racial
Discrimination and the Convention against Discrimination in Education, and
calls upon the States that have done so to implement them;
38. Recommends that the issue of universal ratification of the
International Convention on the Elimination of All Forms of Racial
Discrimination as well as the reservations thereto and the question of the
recognition of the competence of the Committee on the Elimination of Racial
Discrimination to receive individual complaints be considered at the World
Conference against Racism and Racial Discrimination, Xenophobia and Related
Intolerance;
39. Calls upon States parties that have not submitted initial or
periodic reports in accordance with article 9 of the International Convention
on the Elimination of All Forms of Racial Discrimination to do so;
40. Urges States to limit the extent of any reservations they lodge to
the International Convention on the Elimination of All Forms of Racial
Discrimination and to formulate any reservation as precisely and as
narrowly as possible, while ensuring that no reservation is incompatible
with the object and purpose of the Convention or otherwise contrary to
international law;
41. Calls upon States parties to the Convention, as appropriate, to
adopt immediately positive measures aimed at the elimination of all forms of
racial discrimination, xenophobia and related intolerance;
42. Requests the States parties to the Convention that have not yet
done so to consider the possibility of making the declaration provided for in
article 14 of the Convention;
VI
World Conference against Racism and Racial Discrimination,
Xenophobia and Related Intolerance
43. Takes note of the decision of the fifth Committee of the
General Assembly that the preparatory process for the World Conference would
E/CN.4/1998/L.11/Add.3
page 27
include Preparatory Committee meetings for a period of five working days each
immediately prior to the session of the Commission on Human Rights in the
years 2000 and 2001;
44. Decides to create an open-ended working group of the Commission to
meet during the fiftyfifth
session in order to review and formulate proposals
for consideration by the Commission and possible forwarding to the
Preparatory Committee at its first session;
45. Recommends to the General Assembly to request the
SecretaryGeneral
to designate the United Nations High Commissioner for Human
Rights as SecretaryGeneral
of the World Conference who, in that capacity,
will assume the main responsibility for the preparations for the Conference;
46. Invites the Secretary-General of the World Conference to carry out
consultations with States aimed at determining the date and venue for the
Conference and to report to the Preparatory Committee on the results;
47. Invites the United Nations High Commissioner for Human Rights to
devise and implement, with the Department of Public Information of the
Secretariat, a world information campaign aimed at sensitizing world public
opinion on the importance and objectives of the Conference, to publish in all
the official languages an information pamphlet to be made available to
nongovernmental
organizations, the media and the general public, and to
inform the Preparatory Committee of developments in this regard;
48. Invites States and regional organizations to set up at the
national or regional level a coordination structure responsible for launching
and promoting preparations for the World Conference, and especially for
sensitizing national public opinion on the importance and objectives of the
Conference;
49. Urges the High Commissioner for Human Rights to help States and
regional organizations to convene national and regional meetings or undertake
other initiatives, including at the expert level, to prepare for the World
Conference, and requests the regional preparatory meetings to present to the
Preparatory Committee, through the High Commissioner, reports on the results
of their deliberations, with concrete and pragmatic recommendations aimed at
combating racism, racial discrimination, xenophobia and related intolerance,
which will be duly reflected in texts of the draft final documents by the
Preparatory Committee of the World Conference;
E/CN.4/1998/L.11/Add.3
page 28
50. Invites non-governmental organizations to participate fully, in
accordance with resolution 1996/31 of the Economic and Social Council, in the
preparatory process, and, in accordance with the objectives of the Conference
and based on their experience, to make concrete proposals regarding actions to
be undertaken in future, directly or working with Governments, aimed at the
fight against the scourge of racism, and to submit their recommendations in
this regard to the Preparatory Committee through the High Commissioner;
51. Invites the Committee on the Elimination of Racial Discrimination
to give high priority to the preparatory process for the World Conference and
to present to the Commission at its fiftyfifth
session and to the Preparatory
Committee its contribution to the objectives of the Conference, including
undertaking a series of studies, and to participate actively in the
preparatory process and at the Conference itself;
52. Invites the Sub-Commission for the Prevention of Discrimination
and Protection of Minorities to carry out studies without delay, within the
framework of the objectives laid down in General Assembly resolution 52/111,
and to transmit its recommendations to the Commission at its fiftyfifth
session and to the Preparatory Committee through the Commission on Human
Rights;
53. Invites the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance, beginning with his
report to the Commission at its fiftyfifth
session, to draw on his extensive
field experience, knowledge and studies to contribute to the work of the
Preparatory Committee, including by identifying major issues to be considered
within the framework of the objectives of the Conference;
54. Invites the relevant bodies and mechanisms of the United Nations,
the specialized agencies and regional and international organizations to
contribute effectively to the preparatory process for the Conference and to
forward their recommendations to the Preparatory Committee, through the
High Commissioner;
55. Invites the United Nations High Commissioner for Human Rights to
submit to the Commission at its fiftyfifth
session, within existing financial
resources, a preliminary analytical study on the objectives of the World
Conference as identified by the General Assembly;
E/CN.4/1998/L.11/Add.3
page 29
56. Requests the United Nations High Commissioner for Human Rights to
inform the Preparatory Committee of the steps taken to prepare the World
Conference;
57. Invites the High Commissioner for Human Rights to submit to the
Commission at its fiftyfifth
session and to the Preparatory Committee at its
first session, a compendium of references to publications and other works by
experts and United Nations, regional and other bodies on the fight against
racism, racial discrimination, xenophobia and related intolerance;
58. Recommends to the General Assembly to declare the year 2001 a year
of mobilization against racism, racial discrimination, xenophobia and related
intolerance aimed at drawing the world's attention to the objectives of the
World Conference and to give new momentum to the political commitment;
59. Recommends that the activities of the Programme of Action for the
Third Decade to Combat Racism and Racial Discrimination be focused towards the
preparatory process for the World Conference and, in this regard, recommends
that the High Commissioner for Human Rights organize symposiums, seminars and
worldwide consultations in 1998, 1999, 2000 and 2001 on racism, racial
discrimination, xenophobia and related intolerance;
60. Recommends that the World Conference result in a declaration and a
programme of action to combat racism, racial discrimination, xenophobia and
related intolerance;
61. Stresses the importance of taking systematically into account a
gender perspective throughout the preparations for and the outcome of the
World Conference;
62. Requests the Secretary-General to submit a report to the
Commission at its fifty-fifth session on the implementation of the present
resolution under the agenda item entitled “Racism, racial discrimination,
xenophobia and related intolerance”;
63. Decides to continue its consideration of the question at its
fiftyfifth
session under the agenda item entitled “Racism, racial
discrimination, xenophobia and related intolerance”.
51st meeting
17 April 1998
[Adopted without a vote. See chap. XII.]
E/CN.4/1998/L.11/Add.3
page 30
1998/27. Effective implementation of international instruments
on human rights, including reporting obligations under
international instruments on human rights
The Commission on Human Rights,
Taking note of General Assembly resolutions 51/87 of 12 December 1996
and 52/118 of 12 December 1997, and recalling its resolution 1996/22 of
19 April 1996 as well as its decision 1997/105 of 3 April 1997, as well as
other relevant resolutions,
Reaffirming that the full and effective implementation of United Nations
human rights instruments is of major importance to the efforts of the
Organization, pursuant to the Charter of the United Nations and the Universal
Declaration of Human Rights, to promote universal respect for an observance of
human rights and fundamental freedoms,
Considering that the effective functioning of treaty bodies established
pursuant to United Nations human rights instruments is indispensable for the
full and effective implementation of such instruments,
Reiterating its concern about the large number of overdue reports under
the United Nations human rights instruments,
Reiterating also its concern about the increasing backlog of reports on
the implementation by States parties of certain United Nations human rights
instruments and about delays in consideration of reports by treaty bodies,
Concerned that the lack of adequate resources impedes the effective
functioning of the treaty bodies, including in regard to their ability to work
in the applicable working languages,
Recalling that the effectiveness of the treaty bodies in encouraging the
realization by States parties of their obligations under the United Nations
human rights instruments requires constructive dialogue aimed at assisting
States parties in identifying solutions to human rights problems and should be
based on the reporting process supplemented by information from all relevant
sources which should be shared with all interested parties,
Conscious of the importance of coordination of the human rights
promotion and protection activities of the United Nations bodies active in the
field of human rights,
1. Welcomes the reports of the seventh and eighth meetings of the
persons chairing the human rights treaty bodies (A/51/482, annex and
A/52/507, annex), held at Geneva from 16 to 20 September 1996 and from
E/CN.4/1998/L.11/Add.3
page 31
15 to 19 September 1997, respectively, and the holding of the ninth meeting in
Geneva from 25 to 27 February 1998, and takes note of the conclusions and
recommendations of those meetings;
2. Encourages each treaty body to continue to give careful
consideration to the relevant conclusions and recommendations contained in the
reports of the persons chairing the human rights treaty bodies;
3. Takes note of the report of the SecretaryGeneral
on the effective
functioning of bodies established pursuant to United Nations human rights
instruments (E/CN.4/1998/85 and Add.1 and Corr.1);
4. Welcomes the submission of comments by Governments, United Nations
bodies and specialized agencies, nongovernmental
organizations and interested
persons on the final report of the independent expert on enhancing the
longterm
effectiveness of the United Nations human rights treaty system
(E/CN.4/1997/74) and the SecretaryGeneral's
report thereon, including the
SecretaryGeneral's
own views on the legal, administrative and other
implications of the report's recommendations;
5. Notes with appreciation the attention given by the human rights
treaty bodies and the persons chairing the human rights treaty bodies to
the final report of the independent expert on enhancing the longterm
effectiveness of the United Nations human rights treaty system and to the
SecretaryGeneral's
report on the comments by Governments, United Nations
bodies and specialized agencies, nongovernmental
organizations and interested
persons;
6. Invites the SecretaryGeneral
to continue to solicit the views of
Governments, United Nations bodies, specialized agencies, intergovernmental
and nongovernmental
organizations and interested persons on the report of the
independent expert and to submit a report thereon, including the
SecretaryGeneral's
own views on the legal, administrative and other
implications of the report's recommendations, taking into account further
developments, to the Commission at its fiftysixth
session;
7. Emphasizes the need to ensure financing and adequate staff and
information resources for the operations of the human rights treaty bodies
and, with this in mind:
(a) Reiterates its request that the SecretaryGeneral
provide adequate
resources in respect of each treaty body;
E/CN.4/1998/L.11/Add.3
page 32
(b) Calls upon the SecretaryGeneral
to make the most efficient use of
existing resources in order to give the human rights treaty bodies adequate
administrative support and better access to technical expertise and relevant
information;
(c) Calls upon the SecretaryGeneral
to seek in the next biennium the
resources within the United Nations regular budget necessary to give the human
rights treaty bodies adequate administrative support and better access to
technical expertise and relevant information;
8. Notes with interest the proposal for a plan of action to enhance
the resources available to all the human rights treaty bodies, and encourages
the High Commissioner for Human Rights to prepare a draft plan of action for
consideration by the persons chairing the treaty bodies at their next meeting;
9. Takes note of the measures taken by each of the human rights
treaty bodies to improve their functioning, as reflected in their respective
annual reports, and urges continuing efforts by the human rights treaty bodies
and the SecretaryGeneral
to help improve the meeting of reporting obligations
by States parties and to reduce the backlog in the consideration of reports by
treaty bodies;
10. Welcomes the continuing efforts by the human rights treaty bodies
and the SecretaryGeneral
aimed at streamlining, rationalizing, rendering more
transparent and otherwise improving reporting procedures, and urges the
SecretaryGeneral,
the treaty bodies and the next meeting of the persons
chairing the treaty bodies to continue to examine ways of reducing the
duplication of reporting required under the different instruments, without
impairing the quality of reporting, and of generally reducing the reporting
burden on States parties;
11. Takes note with appreciation of the efforts of the persons
chairing the treaty bodies to promote appropriate reforms of the reporting
system with a view to, inter alia, reducing the reporting burden on States
parties while maintaining the quality of reporting, and encourages them to
continue these efforts, including through ongoing examination of the proposal
for reports focused on a limited range of issues and of opportunities for
harmonizing the general guidelines regarding the form and content of reports,
the timing of consideration of reports, and the methods of work of the treaty
bodies;
E/CN.4/1998/L.11/Add.3
page 33
12. Urges States parties to contribute, individually and through
meetings of States parties, to identifying and implementing ways of further
streamlining, rationalizing, avoiding duplication in and otherwise improving
reporting procedures;
13. Urges States parties to make every effort to meet their reporting
obligations under United Nations human rights instruments;
14. Welcomes the publication of the revised Manual on Human Rights
Reporting, and requests the United Nations High Commissioner for Human Rights
to take the necessary measures to ensure that the revised Manual will be
translated into all official languages at the latest by 31 December 2000;
15. Welcomes the recommendation made at the meetings of the persons
chairing the human rights treaty bodies that a priority of the technical
cooperation programme of the Office of the High Commissioner for Human Rights
should be to provide assistance to States parties, upon their request, with
the implementation of their obligations under United Nations human rights
instruments and, in particular, the recommendation made at the ninth meeting
concerning the provision of assistance to States, upon their request, in the
process of ratifying such instruments and the preparation of initial reports;
16. Invites States parties that have not yet submitted their initial
reports under United Nations human rights instruments to avail themselves,
where necessary, of technical assistance;
17. Encourages the human rights treaty bodies to continue to identify
specific possibilities for technical assistance, to be provided at the request
of the State concerned, in the regular course of their work of reviewing the
periodic reports of States parties, and encourages States parties to consider
carefully the concluding observations of the treaty bodies in identifying
their needs for technical assistance;
18. Urges each State party whose report has been examined by a treaty
body to translate, publish and make available in its territory the full text
of the concluding observations of the treaty body on its report and to provide
adequate followup
to those observations;
19. Welcomes the contribution to the work of the human rights treaty
bodies made by the specialized agencies and United Nations bodies, and
encourages the specialized agencies and United Nations bodies, the Office of
the High Commissioner for Human Rights and the persons chairing the human
rights treaty bodies to continue to explore specific measures to intensify the
E/CN.4/1998/L.11/Add.3
page 34
cooperation among them, and also encourages in this context meetings of the
persons chairing the human rights treaty bodies to invite, when appropriate,
senior representatives of the specialized agencies and United Nations bodies
to attend their meetings;
20. Recognizes the important role played by nongovernmental
organizations in all parts of the world in the effective implementation of all
human rights instruments, and encourages the exchange of information between
the human rights treaty bodies and such organizations;
21. Recalls, with regard to the election of the members of the human
rights treaty bodies, the importance of giving consideration to equitable
geographic distribution of membership and to the representation of the
principal legal systems, and of bearing in mind that the members shall be
elected and serve in their personal capacity and shall be of high moral
character, acknowledge impartiality and recognized competence in the field of
human rights, and encourages States parties, individually and through meetings
of States parties, to consider how to give better effect to these principles;
22. Welcomes the continuing emphasis by the persons chairing the human
rights treaty bodies that the enjoyment of the human rights of women should be
monitored closely by each treaty body within the purview of its mandate and,
in this regard, welcomes the request of the persons chairing the human rights
treaty bodies that the Division for the Advancement of Women of the
Secretariat should prepare a study, for use by the United Nations High
Commissioner for Human Rights and the treaty bodies, analysing what each
treaty body has done to incorporate gender perspectives into its work and
making practical suggestions about what each could do to further incorporate
gender perspectives;
23. Also welcomes the contribution of the treaty bodies, within their
mandates, to the prevention of violations of human rights, in the context of
their consideration of reports under their respective human rights treaties;
24. Encourages the persons chairing the human rights treaty bodies to
pursue at their next meeting the reform process aimed at improving the
effective implementation of international instruments on human rights;
25. Requests the SecretaryGeneral
to report to the Commission on
Human Rights at its fiftysixth
session on measures taken to implement the
present resolution and obstacles to its implementation, and on measures taken
E/CN.4/1998/L.11/Add.3
page 35
or planned to ensure financing and adequate staff and information resources
for the effective operation of the human rights treaty bodies;
26. Decides to consider the question on a priority basis at its
fiftysixth
session under the agenda item entitled “Effective functioning of
bodies established pursuant to United Nations human rights instruments”.
51st meeting
17 April 1998
[Adopted without a vote. See chap. XIV.]
1998/28. Work of the SubCommission
on Prevention of Discrimination
and Protection of Minorities
The Commission on Human Rights,
Recalling its previous resolutions, in particular resolutions 1992/66 of
4 March 1992 and 1997/22 of 11 April 1997, as well as the terms of reference
of the SubCommission
on Prevention of Discrimination and Protection of
Minorities as defined by the Commission and its particular responsibilities
established, inter alia, in Commission resolutions 8 (XXIII) of 16 March 1967
and 17 (XXXVII) of 10 March 1981, Economic and Social Council
resolutions 1235 (XLII) of 6 June 1967 and 1503 (XLVIII) of 27 May 1970, and
the relevant resolutions of the General Assembly,
Taking note of the report of the working group on the methods of work of
the SubCommission
(E/CN.4/Sub.2/1994/3) and of SubCommission
decision 1994/117 of 26 August 1994,
Taking note also of the reports of the SubCommission
and its Chairman
on the fortyninth
session (E/CN.4/1998/2E/
CN.4/Sub.2/1997/50 and
E/CN.4/1998/88),
1. Reaffirms that the SubCommission
on Prevention of Discrimination
and Protection of Minorities can best assist the Commission on Human Rights by
providing it with recommendations based on the expert views and perspectives
of independent members, which should be appropriately reflected in the report
of the SubCommission,
as well as in the expert studies carried out under its
auspices;
2. Welcomes further steps undertaken by the SubCommission
to reform
and improve its methods of work, in particular:
(a) The process of restructuring its agenda during its fortyninth
session;
E/CN.4/1998/L.11/Add.3
page 36
(b) The efforts made during its fortyninth
session to implement its
decision 1996/114 to achieve a compilation of the existing rules of procedure
and procedural questions to be resolved;
(c) The decision to limit the initiation of new studies
(decision 1996/113) and the adoption of criteria for new studies
(decision 1997/112);
(d) The establishment of a sessional working group on the methods of
work of the SubCommission
(decision 1997/104);
(e) The efforts made during its fortyninth
session to enhance its
cooperation with all relevant bodies;
3. Takes note with interest of SubCommission
decisions 1996/115 and
1997/113, and invites it to continue its efforts to avoid duplication with the
work of the Commission on Human Rights,
4. Requests the SubCommission
to further improve its efficiency,
taking into account the views of Member States, and, in this context, calls
upon the SubCommission
and its members:
(a) To focus on its primary role as an advisory body of the Commission
on Human Rights;
(b) To give particular attention to the selection of studies, taking
into account recommendations of the Commission on Human Rights and of treaty
bodies, and, when choosing subjects for study, to explain the choice made so
as to enable the Commission adequately to assess the need for that study, and
to complete all studies within a reasonable time;
(c) To strictly adhere to the principles of independence, impartiality
and expertise;
(d) To facilitate efficient and effective participation of
nongovernmental
organizations;
(e) To improve consultations with special rapporteurs undertaking
studies for the SubCommission;
(f) To further enhance cooperation with mechanisms of the Commission
and, within their competence, with all relevant bodies, including human rights
treaty bodies and relevant United Nations research institutions;
(g) To focus strictly on questions relating to human rights in
accordance with its mandate;
E/CN.4/1998/L.11/Add.3
page 37
5. Calls upon States to nominate as members and alternates
independent experts of recognized competence in the field of human rights as
well as to respect fully the independence of elected members and alternates;
6. Requests States nominating candidates for the SubCommission
to
submit nominations sufficiently early so as to enable the members of the
Commission to assess thoroughly the qualifications of the nominees;
7. Requests the SecretaryGeneral
to continue to give strong support
to the SubCommission
and, in particular, to ensure that SubCommission
documents are available in all the official United Nations languages in good
time before the session;
8. Also requests the SecretaryGeneral,
in responding to requests
from the SubCommission,
to solicit information from Governments and
intergovernmental and nongovernmental
organizations, to agree to such
requests only after they have been approved by the Commission on Human Rights;
9. Takes note of SubCommission
resolution 1997/17 and
(a) Calls upon the SubCommission
to devote sufficient time at its
fiftieth session to the discussion of its working methods and to prepare
specific recommendations on that issue for consideration by the Commission on
Human Rights;
(b) Authorizes the SubCommission
to organize its fourweek
session so
that it shall not hold more than 30 public meetings;
(c) Decides that for the balance of the session the SubCommission
shall meet in private session to consider the implementation of the present
resolution and to consider other appropriate issues;
(d) Requests the SubCommission
to report to the Commission on Human
Rights on the results of this method of organization;
10. Invites the Chairman of the Commission to address the
SubCommission
about the debate under this item;
11. Requests the Chairman of the SubCommission
at its fiftieth
session to report to the Commission at its fiftyfifth
session on significant
aspects of the work of the SubCommission.
51st meeting
17 April 1998
[Adopted without a vote. See chap. XV.]
1998/29. Minimum humanitarian standards
The Commission on Human Rights,
E/CN.4/1998/L.11/Add.3
page 38
Gravely concerned at the large number of situations where internal
violence causes extensive suffering and breaches of the principles of humanity
and undermines the protection of human rights,
Conscious of the desirability of continuing to study the principles of
humanity governing the behaviour of all persons, groups and public
authorities,
Emphasizing, in this regard, the need to identify and implement measures
to prevent violations and abuses of human rights and fundamental freedoms, in
particular the right to life and integrity of the individual,
Recalling its resolution 1997/21 of 11 April 1997 and welcoming the
analytical report of the Secretary-General on the issue of fundamental
standards of humanity (E/CN.4/1998/87 and Add.1),
1. Recognizes the desirability of identifying fundamental standards
of humanity applicable in all situations in a manner consistent with
international law, including the Charter of the United Nations;
2. Also recognizes in this regard the vital importance of the
existence in each country of appropriate national legislation for dealing with
such situations in a manner consistent with the rule of law;
3. Welcomes the discussion on the various issues involved as set out
in the analytical report of the Secretary-General and invites Governments,
United Nations bodies, the human rights treaty bodies, mechanisms of the
Commission on Human Rights and intergovernmental organizations, as well as
regional organizations and non-governmental organizations, to comment on these
issues;
4. Recognizes that the analytical report identifies issues that need
further study;
5. Requests the Secretary-General, in coordination with the
International Committee of the Red Cross and within existing resources, to
continue to study and consult on the issues identified for further
clarification in the analytical report and to submit a report entitled
“Fundamental standards of humanity” to the Commission at its
fiftyfifth
session.
51st meeting
17 April 1998
[Adopted without a vote. See chap. XV.]
E/CN.4/1998/L.11/Add.3
page 39
1998/30. Traffic in women and girls
The Commission on Human Rights,
Recalling all previous resolutions on the problem of traffic in women
and girls adopted by the General Assembly and the Commission on Human Rights
as well as the Convention for the Suppression of the Traffic in Persons and of
the Exploitation of the Prostitution of Others,
Reaffirming the provisions adopted by the World Conference on Human
Rights, the World Summit for Social Development, the Fourth World Conference
on Women and the Ninth United Nations Congress on the Prevention of Crime and
the Treatment of Offenders pertaining to the traffic in women and children,
Acknowledging the work done by intergovernmental and nongovernmental
organizations in compiling information on the scale and complexity of the
problem of trafficking, in providing shelter for trafficked women and
children, and in effecting their voluntary repatriation to their countries of
origin,
Noting with concern the increasing number of women and girls who are
being victimized by traffickers and acknowledging that trafficking also
victimizes young boys,
Stressing the urgent need to eliminate all forms of sexual violence and
trafficking, including for prostitution, which are violations of human rights
of women and girls and are incompatible with the dignity and worth of the
human person, through the adoption of effective measures nationally,
regionally and internationally,
1. Takes note with appreciation of the report of the
SecretaryGeneral
on the traffic in women and girls (A/52/355);
2. Welcomes national, regional and international efforts to implement
the recommendations of the World Congress Against Commercial Sexual
Exploitation of Children, and calls upon Governments to take further measures
in that regard;
3. Calls upon Governments to criminalize trafficking in women and
girls in all its forms, to condemn and penalize all the offenders involved,
including intermediaries, whether their offence was committed in their own or
in a foreign country, while ensuring that the victims of those practices are
not penalized, and to penalize persons in authority found guilty of sexually
assaulting victims of trafficking in their custody;
E/CN.4/1998/L.11/Add.3
page 40
4. Also calls upon Governments of countries of origin, transit and
destination and appropriate regional and international organizations to
implement the Platform for Action of the Fourth World Conference on Women by:
(a) Considering the ratification and enforcement of international
conventions on trafficking in persons and on slavery;
(b) Taking appropriate measures to address the root factors, including
external factors that encourage trafficking in women and girls for
prostitution and other forms of commercial sex, and strengthening existing
legislation with a view to providing better protection of the rights of women
and girls and punishing the perpetrators through criminal and civil measures;
(c) Increasing cooperation and concerted action by all relevant law
enforcement authorities and institutions with a view to dismantling national,
regional and international networks in trafficking;
(d) Allocating resources to provide comprehensive programmes designed
to heal and rehabilitate into society victims of trafficking, including
through job training, legal assistance and health care; and
(e) Developing educational and training programmes and policies and
considering enacting legislation aimed at preventing sex tourism and
trafficking, giving special emphasis to the protection of young women and
children;
5. Invites Governments, with the support of the United Nations, to
formulate manuals for the training of personnel who receive and/or hold in
temporary custody victims of genderbased
violence, including trafficking,
with a view to sensitizing them to the special needs of the victims;
6. Encourages relevant United Nations bodies and organizations,
including the United Nations International Research and Training Institute for
the Advancement of Women, the United Nations Development Fund for Women, the
United Nations Children's Fund, the International Labour Organization and the
United Nations Educational, Scientific and Cultural Organization, as well as
the International Organization for Migration, to contribute to the preparation
of guidelines for the use of Governments in the elaboration of their manuals,
in cooperation with relevant intergovernmental and nongovernmental
organizations;
7. Also encourages the Office of the High Commissioner for Human
Rights to continue to include the issue of traffic in women and girls in its
programme of work under its advisory, training and information activities,
E/CN.4/1998/L.11/Add.3
page 41
with a view to providing assistance to Governments, upon their request, in
instituting preventive measures against trafficking through education and
appropriate information campaigns;
8. Invites the Special Rapporteur on violence against women and the
Special Rapporteur on the sale of children, child prostitution and child
pornography of the Commission on Human Rights and the Working Group on
Contemporary Forms of Slavery of the SubCommission
on Prevention of
Discrimination and Protection of Minorities to continue addressing, within
their respective mandates, the problem of trafficking in women and girls as a
priority concern, and to recommend, in their reports, measures to combat such
phenomena;
9. Also invites relevant intergovernmental and nongovernmental
organizations to provide advisory services to Governments, upon their request,
in planning and setting up rehabilitation programmes for victims of
trafficking and in training personnel who will be directly involved in the
implementation of those programmes;
10. Requests the SecretaryGeneral
to provide the Commission, at its
fiftyfifth
session, with his report to the General Assembly at its
fiftythird
session on the implementation of the present resolution;
11. Decides to continue its consideration of the question at its
fiftyfifth
session under the relevant agenda item.
51st meeting
17 April 1998
[Adopted without a vote. See chap. XV.]
1998/31. Human rights of persons with disabilities
The Commission on Human Rights,
Mindful of the pledge made by States, under the Charter of the
United Nations, to take action jointly and separately, in cooperation with the
United Nations, in order to promote a better quality of life, full employment,
and conditions for economic and social progress and development,
Recalling that all persons with disabilities have the right to
protection against discrimination and to full and equal enjoyment of their
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,
E/CN.4/1998/L.11/Add.3
page 42
the Convention on the Rights of the Child, the Convention on the Elimination
of All Forms of Discrimination against Women and of the International Labour
Organization Convention No. 159,
Recalling also the report of the SecretaryGeneral,
to the General
Assembly on the third review and appraisal of the World Programme of Action
concerning Disabled Persons (A/52/351),
Reaffirming the continuing validity and value of the World Programme of
Action concerning Disabled Persons, adopted by the General Assembly at its
thirty-seventh session, which provides a firm and innovative framework for
promoting and protecting the human rights of persons with disabilities,
Mindful of the unreserved reaffirmation in the Vienna Declaration and
Programme of Action, and by the Fourth World Conference on Women of the human
rights and fundamental freedoms of persons with disabilities, as well as the
recognition in the Programme of Action of the International Conference on
Population and Development and the Programme of Action of the World Summit for
Social Development of a pressing need for, inter alia, the realization of the
goals of full participation and equality for persons with disabilities,
Reaffirming its resolution 1996/27 of 19 April 1996 on the human rights
of persons with disabilities,
Noting the report of the Special Rapporteur of the Commission for Social
Development on monitoring the implementation of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (A/52/56, annex),
Reaffirming Economic and Social Council resolutions 1997/19 on
equalization of opportunities for persons with disabilities and 1997/20 on
children with disabilities,
Recalling General Assembly resolution 48/96 of 20 December 1993, by
which the Assembly adopted the Standards Rules on the Equalization of
Opportunities for Persons with Disabilities,
Recalling also General Assembly resolution 52/107 of 12 December 1997,
in which the Assembly called for the full and equal enjoyment of all human
rights and fundamental freedoms by children with disabilities,
Welcoming initiatives to hold international conferences relating to
persons with disabilities, particularly the holding of the Fifth World
Assembly of Disabled People's International at Mexico City in December 1998,
on the theme “Towards an inclusive twenty-first century”,
Re-emphasizing the responsibility of Governments for removing or
facilitating the removal of barriers and obstacles to the full integration
E/CN.4/1998/L.11/Add.3
page 43
and participation of persons with disabilities in society, and supporting
their efforts to develop national policies to reach specific objectives,
Recognizing the contribution of non-governmental organizations,
especially organizations of persons with disabilities, in the global effort to
bring about full participation and equality for persons with disabilities and
to ensure the full enjoyment of human rights by persons with disabilities,
Noting the reports of Mr. Leandro Despouy, Special Rapporteur of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities,
and the Office of the High Commissioner for Human Rights publication Human
Rights and Disabled Persons, in which international mechanisms for the
protection and promotion of the human rights of persons with disabilities,
such as an ombudsman, are proposed,
Noting also the International Labour Organization survey of the law and
practice of States parties to Convention No. 159,
Concerned at the extent of disabilities caused by the indiscriminate use
of anti-personnel mines, particularly among civilian populations,
1. Recognizes that any violation of the fundamental principle of
equality and any discrimination or other negative differential treatment of
persons with disabilities inconsistent with the United Nations Standard Rules
on Equalization of Opportunities for Persons with Disabilities is an
infringement of the human rights of persons with disabilities;
2. Calls upon the Secretary-General to maintain the integrity of
programmes within the United Nations system relating to persons with
disabilities, including the United Nations Voluntary Fund on Disability, in
order to promote the rights and the equalization of opportunities and full
inclusion within societies of persons with disabilities;
3. Welcomes the renewal of the mandate of the Special Rapporteur on
disability of the Commission for Social Development, and thanks him for
addressing the Commission on Human Rights in the year of the fiftieth
anniversary of the Universal Declaration of Human Rights;
4. Invites the Special Rapporteur of the Commission for Social
Development to address the Commission on Human Rights at its fifty-sixth
session;
5. Takes note of the global survey of government action on disability
policy published in 1997 by the Office of the Special Rapporteur on
disability;
E/CN.4/1998/L.11/Add.3
page 44
6. Calls upon States to cooperate fully with the Special Rapporteur,
to meet his requests for information and to provide relevant data to the
Committee on Economic, Social and Cultural Rights;
7. Encourages non-governmental organizations active in the protection
and promotion of the human rights of persons with disabilities to cooperate
closely with each other, and to provide relevant information to the Committee
on Economic, Social and Cultural Rights and to the Office of the High
Commissioner for Human Rights;
8. Also encourages such non-governmental organizations to avail
themselves of the technical assistance of the Office of the High Commissioner
for Human Rights to assist them to function effectively in the human rights
sphere;
9. Encourages Governments to support non-governmental organizations
active in the promotion and protection of the human rights of persons with
disabilities;
10. Recognizes the right of persons with disabilities, individually
and collectively, to form and become members of organizations of persons with
disabilities and the right of such organizations to speak for and act as
legitimate representatives of their members;
11. Encourages all the human rights treaty monitoring bodies to
respond positively to its invitation to monitor the compliance of States with
their commitments under the relevant human rights instruments in order to
ensure full enjoyment of those rights by persons with disabilities, and urges
Governments to cover fully the question of the human rights of persons with
disabilities in complying with reporting obligations under the relevant
United Nations human rights instruments;
12. Invites all special rapporteurs, in the course of carrying out
their mandates, to take into account the situation and human rights of persons
with disabilities;
13. Urges Governments to implement, with the cooperation and
assistance of relevant organizations, the Standard Rules on the Equalization
of Opportunities for Persons with Disabilities, having particular regard for
E/CN.4/1998/L.11/Add.3
page 45
the needs of women, children and persons with developmental and psychiatric
disabilities in order to guarantee their human dignity and integrity;
14. Invites Governments and the private sector to contribute to the
United Nations Voluntary Fund on Disability, with a view to providing
additional support for the implementation of the Standard Rules, within the
context of the World Programme of Action concerning Disabled Persons;
15. Requests the Secretary-General to continue to ensure appropriate
support for the effective functioning of the Long-Term Strategy to Implement
the World Programme of Action concerning Disabled Persons to the Year 2000 and
Beyond;
16. Expresses grave concern that situations of armed conflict have
especially devastating consequences for the human rights of persons with
disabilities;
17. Welcomes increased international efforts in various forums with
respect to anti-personnel mines, and in this regard takes due note of the
conclusion of the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on Their Destruction and
its implementation by those States that become parties to it, as well as of
the amended Mines Protocol of the Convention on Prohibitions or Restrictions
on the use of Certain Conventional Weapons Which May be Deemed to be
Excessively Injurious or to have Indiscriminate Effects;
18. Calls upon all States and relevant United Nations bodies,
including the United Nations Voluntary Trust Fund for Assistance in Mine
Clearance, to contribute on an ongoing basis to international mine clearance
efforts, and urges States to take further action to promote gender- and
ageappropriate
mine-awareness programmes and rehabilitation, thereby reducing
the number and the plight of victims;
19. Encourages the development of programmes for persons with
disabilities to enable them to develop their potential to fully participate in
all aspects of society;
20. Requests the Secretary-General to report biennially to the
General Assembly on the progress of efforts to ensure the full recognition and
enjoyment of the human rights of persons with disabilities;
21. Also requests the Secretary-General to make available to the
Commission at its fifty-fifth session the latest report of the Special
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page 46
Rapporteur on disability of the Commission for Social Development on his
monitoring of the Standard Rules on the Equalization of Opportunity for
Persons with Disabilities;
22. Calls upon the United Nations Development Programme and all
intergovernmental institutions for development cooperation to
integrate disability measures into their mainstream activities;
23. Requests that all United Nations organizations and specialized
agencies address the problems that exist in creating equal opportunities for
persons with disabilities at all levels;
24. Encourages Governments to work towards developing appropriate
education policies and practices for children and adults with disabilities, to
include persons with disabilities in strategies and plans aimed at eradicating
poverty, promoting education and enhancing employment, and to take account of
the right of persons with disabilities to housing, shelter, transport and
supportive equipment;
25. Invites the International Labour Organization, in cooperation with
governments and intergovernmental bodies, to take the lead internationally in
formulating policies and strategies that will lead to equal job opportunities;
26. Invites Governments and non-governmental organizations to collect
and collate appropriate information and data on persons with disabilities, to
assist in the formulation of effective policies to address issues of equality;
27. Recommends that the Office of the High Commissioner for Human
Rights take account of information on legislation affecting the human rights
of persons with disabilities which has been collected by the Special
Rapporteur on disability of the Commission for Social Development;
28. Reaffirms 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;
29. Decides to continue to consider the question at its fifty-sixth
session under the agenda item entitled “Report of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities”.
51st meeting
17 April 1998
[Adopted without a vote. See chap. XV.]
E/CN.4/1998/L.11/Add.3
page 47
1998/32. Privatization of prisons
The Commission on Human Rights,
Taking note of resolution 1997/26 of 28 August 1997 of the
SubCommission
on Prevention of Discrimination and Protection of Minorities,
Having taken note of the working paper submitted by Mr. Miguel Alfonso
Martínez (E/CN.4/Sub.2/1991/56) as well as the outline prepared by
Ms. Claire Palley on the subject (E/CN.4/Sub.2/1993/21),
Recalling its resolution 1997/22 of 11 April 1997, in which the
Commission, inter alia, requested that special attention be paid to the
process of selection of studies to be undertaken,
Reiterating that studies to be undertaken by members of the
SubCommission
should be based on extended working papers, in which the
subject of the proposed study is clearly identified,
Reiterating also that special rapporteurs of the SubCommission
should
be members of the SubCommission
or their alternates,
Decides to request the SubCommission
on Prevention of Discrimination
and Protection of Minorities to reconsider its recommendation to appoint a
Special Rapporteur on the privatization of prisons.
51st meeting
17 April 1998
[Adopted without a vote. See chap. XV.]
1998/33. Question of the realization in all countries of
the economic, social and cultural rights contained
in the Universal Declaration of Human Rights and in
the International Covenant on Economic, Social and
Cultural Rights, and study of special problems which
the developing countries face in their efforts to
achieve these human rights
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 its resolution 1997/17 of 11 April 1997 on the realization of
economic, social and cultural rights in general, and all other relevant
resolutions,
E/CN.4/1998/L.11/Add.3
page 48
Stressing the importance of the realization of economic, social and
cultural rights in the context of the commemoration of the fiftieth
anniversary of the Universal Declaration of Human Rights,
1. Welcomes:
(a) All relevant reports of the United Nations High Commissioner for
Human Rights on economic, social and cultural rights;
(b) The relevant activities of intergovernmental and nongovernmental
organizations;
(c) The work, with special incidence on the visibility, promotion and
protection of economic, social and cultural rights, carried out in the
framework of the followup
to relevant United Nations conferences, such as:
the World Summit for Children (1990), the United Nations Conference on
Environment and Development (1992), the World Conference on Human Rights
(1993), the International Conference on Population and Development (1994), the
World Summit for Social Development (1995), the Fourth World Conference on
Women (1995), the United Nations Conference on Human Settlements (1996) and
the World Food Summit (1996);
2. Notes with interest:
(a) The report of the SecretaryGeneral
pursuant to Commission
resolution 1997/17 (E/CN.4/1998/25);
(b) All resolutions of the SubCommission
on Prevention of
Discrimination and Protection of Minorities on the realization of economic,
social and cultural rights, in particular its resolution 1997/7 of
22 August 1997, on the realization of the right to education, including
education in human rights;
(c) The work carried out by the Committee on Economic, Social and
Cultural Rights;
(d) The proposals adopted by the Committee at its last sessions to
enhance the central role played by the Committee in the promotion and
protection of economic, social and cultural rights, (i) aiming at the
adoption and implementation of a programme of action for the Committee
and (ii) recommending to the Commission the appointment of a special
rapporteur on economic, social and cultural rights;
(e) The recommendations adopted by the working group on structural
adjustment programmes and economic, social and cultural rights;
3. Reaffirms:
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page 49
(a) That, in accordance with the Universal Declaration of Human
Rights, the ideal of free human beings enjoying freedom from fear and want can
only be achieved if conditions are created whereby everyone may enjoy his
economic, social and cultural rights, as well as his 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 decisionmaking
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
interrelationship 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 for the promotion and
protection of all human rights, including economic, social and cultural
rights;
(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;
4. Calls upon all States:
(a) To give full effect to the universality of 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 secure, through national development policies and with
international assistance and cooperation, full respect for economic, social
E/CN.4/1998/L.11/Add.3
page 50
and cultural rights, giving priority to the individuals, most often women and
girl children, and communities living in extreme poverty and therefore most
vulnerable and disadvantaged;
(d) To consider in this context, as appropriate, 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;
(e) To promote the effective and wide participation of representatives
of civil society in decisionmaking
processes related to the promotion and
protection of economic, social and cultural rights;
5. Calls upon States parties to the International Covenant on
Economic, Social and Cultural Rights:
(a) To submit their reports to the Committee on Economic, Social and
Cultural Rights in a regular and timely manner;
(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;
6. Decides:
(a) As part of its efforts to impart a higher visibility to economic,
social and cultural rights, to appoint, for a period of three years, a special
rapporteur whose mandate will focus on the right to education, as laid down in
article 26 of the Universal Declaration of Human Rights and in the relevant
and applicable provisions of the International Covenant on Economic, Social
and Cultural Rights, and would comprise the following:
(i) To report on the status, throughout the world, of the
progressive realization of the right to education, including
access to primary education, and the difficulties
encountered in the implementation of this right, taking into
account information and comments received from Governments,
organizations and bodies of the United Nations system, other
relevant international organizations and nongovernmental
organizations;
(ii) To promote, as appropriate, assistance to Governments in
working out and adopting urgent plans of action, wherever
they do not exist, to secure the progressive implementation,
E/CN.4/1998/L.11/Add.3
page 51
within a reasonable number of years, of the principle of
compulsory primary education free of charge for all, bearing
in mind, inter alia, levels of development, the magnitude of
the challenge and efforts by Governments;
(iii) To take into account gender considerations, in particular
the situation and needs of the girl child, and to promote
the elimination of all forms of discrimination in education;
(iv) To make his or her reports available to the Commission on
the Status of Women whenever they concern the situation of
women in the field of the right to education;
(v) To develop a regular dialogue and discuss possible areas of
collaboration with relevant United Nations bodies,
specialized agencies and international organizations in the
field of education, inter alia United Nations Educational,
Scientific and Cultural Organization, United Nations
Children's Fund, United Nations Conference on Trade and
Development and United Nations Development Programme, and
with international financial institutions, such as the
World Bank;
(vi) To identify possible types and sources of financing for
advisory services and technical cooperation in the field of
access to primary education;
(vii) To ensure, to the extent possible, coordination and
complementarity with the work carried out in the framework
of SubCommission
resolution 1997/7, in particular the
working paper on the right to education to be prepared by
Mr. Mustapha Mehedi;
(viii) To submit to the Commission on Human Rights, beginning at
its fiftyfifth
session a report covering the activities
relating to this mandate;
7. Requests the SecretaryGeneral
to provide the Special Rapporteur
with all the assistance necessary for the execution of the mandate within
existing overall United Nations resources:
(a) To invite the United Nations Children's Fund and the
United Nations Educational, Scientific and Cultural Organization to submit to
the Commission on Human Rights information pertaining to their activities in
promoting primary education, with specific reference to women and girls;
E/CN.4/1998/L.11/Add.3
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(b) To request the High Commissioner for Human Rights to urge all
States parties to the International Covenant on Economic, Social and Cultural
Rights to submit their comments on the report by the Committee on Economic,
Social and Cultural Rights to the Commission on the draft optional protocol
for the consideration of communications in relation to the Covenant
(E/CN.4/1997/105, annex);
(c) To support the efforts carried out by the High Commissioner for
Human Rights to implement the proposed programme of action designed to enhance
the ability of the Committee on Economic, Social and Cultural Rights to assist
interested Governments in their reporting obligations and its capacity to
process and follow up on the examination of those reports and, accordingly, to
request States parties to the International Covenant on Economic, Social and
Cultural Rights to make voluntary financial contributions to ensure the
adequate implementation of that programme of action;
8. Recommends the following decision to the Economic and Social
Council for adoption:
“The Economic and Social Council, taking note of Commission on
Human Rights resolution 1998/33 of 17 April 1998, decides to authorize
the Commission, as part of its efforts to impart a higher visibility to
economic, social and cultural rights, to appoint, for a period of three
years, from within existing overall United Nations resources, a special
rapporteur whose mandate will focus on the right to education as laid
down in article 26 of the Universal Declaration of Human Rights and
would comprise the tasks enumerated in paragraphs 6 (i)(
viii) of
resolution 1998/... The Council requests the SecretaryGeneral
to
provide the Special Rapporteur with all the assistance necessary for the
execution of the mandate.”
51st meeting
17 April 1998
[Adopted by a vote of 52 votes to 1.
See chap. V.]
1998/34. Question of a draft optional protocol to the
Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
The Commission on Human Rights,
Recalling its resolution 1992/43 of 3 March 1992, by which it
established an openended
working group to elaborate a draft optional protocol
E/CN.4/1998/L.11/Add.3
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to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, using as a basis for its discussions the draft text
proposed by the Government of Costa Rica (E/CN.4/1991/66), and decided to
consider the question at its fortyninth
session,
Recalling also the subsequent resolutions on the subject, in particular
resolution 1997/49 of 22 July 1997 of the Economic and Social Council, by
which it authorized the working group to hold a new meeting in order to
continue its work,
Recalling further that the World Conference on Human Rights firmly
declared that efforts to eradicate torture should, first and foremost, be
concentrated on prevention and called for the early adoption of an optional
protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, which is intended to establish a preventive
system of regular visits to places of detention,
Considering that a final text of a draft optional protocol could be
completed in one more session of the openended
working group, given the
substantial progress made during the last meeting,
1. Takes notes with appreciation of the report of the working group
on the draft optional protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (E/CN.4/1998/42 and
Corr.1), and warmly welcomes the progress made during the working group's
sixth session;
2. Requests the openended
working group, in order to continue its
work, to meet prior to the fiftyfifth
session of the Commission for a period
of two weeks, in the course of which the Chairman, in consultation with the
working group, may request one additional week with a view to completing
expeditiously a final and substantive text, and to report to the Commission at
its fiftyfifth
session;
3. Requests the SecretaryGeneral
to transmit the report of the
working group to all Governments, the specialized agencies, the chairpersons
of the human rights treaty bodies and intergovernmental and nongovernmental
organizations, and to invite them to submit their comments to the working
group;
4. Also requests the SecretaryGeneral
to invite Governments, the
specialized agencies and relevant intergovernmental and nongovernmental
organizations, as well as the Chairperson of the Committee against Torture and
E/CN.4/1998/L.11/Add.3
page 54
the Special Rapporteur on the question of torture, to participate in the
activities of the working group;
5. Further requests the SecretaryGeneral
to extend all the necessary
facilities to the working group for its meeting prior to the fiftyfifth
session of the Commission;
6. Encourages the Chairman to conduct informal consultations with all
interested parties, prior to the next session of the working group, in order
to present a consolidated text for its consideration;
7. Decides to examine the report of the working group at its
fiftyfifth
session under the subitem
“Question of a draft optional protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment” of the agenda item entitled “Question of the human
rights of all persons subjected to any form of detention or imprisonment”;
8. Recommends the following draft resolution to the Economic and
Social Council for adoption:
“The Economic and Social Council,
Taking note of Commission on Human Rights resolution 1998/... of
.. April 1998,
1. Authorizes an openended
working group of the Commission on
Human Rights to meet for a period of two weeks, with a possibility of
extending it to three, within existing resources, prior to the
fiftyfifth
session of the Commission in order to continue or conclude
the elaboration of a draft optional protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
2. Requests the SecretaryGeneral
to extend to the working
group all necessary facilities for its meetings, and to transmit the
report of the working group (E/CN.4/1998/42) to Governments, the
specialized agencies, the chairpersons of the human rights treaty bodies
and the intergovernmental and nongovernmental
organizations concerned.”
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]
E/CN.4/1998/L.11/Add.3
page 55
1998/35. 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,
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,
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, and Assembly resolution 40/146 of
13 December 1985,
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 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
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page 56
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 further 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 nongovernmental
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,
Taking note of the report (E/CN.4/1998/39 and Add.15)
submitted by the
Special Rapporteur on the independence of judges and lawyers on the
implementation of his mandate,
1. Takes note of the report submitted by the Special Rapporteur on
the activities relating to his mandate;
2. Also takes note of 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;
3. 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;
4. 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
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judiciary and the independence of the legal profession in conjunction with the
publications and promotional activities of the Office of the United Nations
High Commissioner for Human Rights;
5. Invites the United Nations High Commissioner for Human Rights to
continue to provide technical assistance to train judges and lawyers and to
associate the Special Rapporteur in the elaboration of a manual on the
training of judges and lawyers in the field of human rights;
6. Urges all Governments to assist the Special Rapporteur in the
discharge of his mandate and to transmit to him all the information requested;
7. 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;
8. Requests the Special Rapporteur to submit a report on the
activities relating to his mandate to the Commission at its fiftyfifth
session, and decides to consider this question at that session;
9. Requests the SecretaryGeneral,
within the limits of the
United Nations regular budget, to provide the Special Rapporteur with any
assistance needed for the discharge of his mandate.
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]
1998/36. Human rights and forensic science
The Commission on Human Rights,
Recalling its resolutions 1993/33 of 5 March 1993, 1994/31
of 4 March 1994 and 1996/31 of 19 April 1996,
Welcoming the report of the Secretary-General on human rights
and forensic science (E/CN.4/1998/32) submitted pursuant to its
resolution 1996/31,
Recognizing that forensic science is an important tool in detecting
evidence of torture and other cruel, inhuman or degrading treatment or
punishment,
Noting that the practice of forensic science includes examinations of
both dead and living persons, and also includes identification procedures,
E/CN.4/1998/L.11/Add.3
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Noting also that in many of the countries concerned, sufficient
expertise is not available in forensic science and related fields to
investigate human rights violations effectively,
Noting the need of Governments, intergovernmental organizations and
nongovernmental
organizations for forensic scientific expertise in
investigating deaths and clarifying disappearances as emphasized in the
reports of the Working Group on Enforced or Involuntary Disappearances and of
the Special Rapporteur on extrajudicial, summary or arbitrary executions, as
well as those of various country rapporteurs,
Aware that several special rapporteurs have welcomed efforts towards the
institution of a standing team of forensic experts and experts in related
fields to assist them in carrying out their human rights mandates,
1. Requests the Office of the High Commissioner for Human Rights
to consult with Governments, relevant United Nations bodies and professional
organizations of forensic and related experts as mentioned in the reports
of the SecretaryGeneral,
of which the latest is contained in
document E/CN.4/1998/32 of 5 January 1998, with a view to updating the
list of experts with their biographical data, including professional
qualifications, current employment, contact address, gender (the nomination of
female experts is encouraged), indications of availability, and the kind of
assistance they could provide;
2. Also requests the Office of the High Commissioner to encourage the
forensic and other experts to abide by the Principles on the Effective
Prevention and Investigation of Extralegal,
Arbitrary and Summary Executions
adopted by the Economic and Social Council in its resolution 1989/65
of 24 May 1989;
3. Invites the Office of the High Commissioner and the Crime
Prevention and Criminal Justice Division of the Secretariat to consider
revising the Manual on the Effective Prevention and Investigation of
Extralegal,
Arbitrary and Summary Executions in which standard procedures for
adequate postmortem
examinations (autopsies or partial autopsies) are
described;
E/CN.4/1998/L.11/Add.3
page 59
4. Also invites the Office of the High Commissioner to consider the
possibility that forensic experts coordinate and produce additional manuals
concerned with examinations of living persons for the following two areas of
forensic medicine:
(a) Clinical forensic examinations, conducted in a gendersensitive
manner, to document injuries which may be caused by torture and other cruel,
inhuman or degrading treatment, including an assessment of any physical and
psychological symptoms, of detained persons; war prisoners; women who may have
been exposed to rape and sexual violence; civilians in areas where human
rights may have been violated; refugees from areas in which evidence is
available regarding use or suspicion of use of torture and other cruel,
inhuman or degrading treatment; detainees in psychiatric institutions and
children in youth institutions in regions where there is a suspicion that
their rights have been violated or that they have been subjected to torture or
other cruel, inhuman or degrading treatment;
(b) Examinations to identify children of persons who have disappeared
or children who have been subjected to enforced disappearance;
5. Recommends that the Office of the High Commissioner encourage, as
appropriate, the dissemination and use of the manuals referred to in the
present resolution and the setting up of courses aimed at providing training
in forensic activities relating to victims of human rights violations,
particularly in countries without sufficient expertise in forensic science and
related fields, for example through the training of local teams;
6. Also recommends that the Office of the High Commissioner establish
procedures to evaluate the use of forensic expertise and the results of those
efforts;
7. Requests the Office of the High Commissioner to report to the
Commission at its fifty-sixth session on progress made in this matter,
including:
(a) The availability of a comprehensive and up-to-date list of
forensic experts;
(b) A revised standardized service agreement regulating the use of the
forensic experts, including provisions for the protection of the experts who
so serve;
E/CN.4/1998/L.11/Add.3
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8. Requests the SecretaryGeneral
to provide appropriate resources,
from within existing overall United Nation resources, to fund the activities
of the Office of the High Commissioner in implementing the present resolution;
9. Decides to consider the question at its fifty-sixth session under
the item entitled “Question of the human rights of all persons subjected to
any form of detention or imprisonment”.
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]
1998/37. United Nations staff
The Commission on Human Rights,
Recalling its resolution 1997/25 of 11 April 1997,
Gravely concerned at the recent increase in attacks and the use of force
against United Nations and other personnel acting under the authority of
United Nations operations as well as personnel of international humanitarian
organizations, including murder, physical and psychological threats,
hostagetaking,
shooting at vehicles and aircraft, minelaying,
looting of
assets and other hostile acts, and, in this context, welcoming the statement
by the President of the Security Council of 12 March 1997 (S/PRST/1997/13) on
“Security of United Nations operations”,
Noting that, since its adoption the Convention on the Safety of
United Nations and Associated Personnel has only been signed by 43 Member
States and ratified by 17,
1. Takes note of the report of the SecretaryGeneral
on the security
of United Nations personnel (E/CN.4/1998/33);
2. Draws attention to the relevant principles on protection found in
the Convention on the Privileges and immunities of the United Nations, in the
Convention on the Privileges and Immunities of the Specialized Agencies and
the Convention on the Safety of United Nations and Associated Personnel;
3. Calls upon all States to consider promptly becoming parties to the
Convention on the Safety of United Nations and Associated Personnel;
4. Calls upon all States and others concerned:
(a) To respect and ensure respect for the rights of United Nations and
other personnel carrying out activities in fulfilment of the mandate of a
United Nations operation and to take the necessary measures to ensure the
E/CN.4/1998/L.11/Add.3
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safety and security of those personnel as well as the inviolability of
United Nations premises which are essential to the continuation and successful
implementation of United Nations operations;
(b) To provide adequate and prompt information concerning the arrest
or detention of United Nations and other personnel carrying out activities in
fulfilment of the mandate of a United Nations operation;
(c) To grant the representative of the competent international
organization immediate access to such personnel;
(d) To allow independent medical teams to investigate the health of
detained United Nations and other personnel carrying out activities in
fulfilment of the mandate of a United Nations operation and to afford them the
necessary medical assistance;
(e) To allow representatives of the competent international
organization to attend hearings involving United Nations and other personnel
carrying out activities in fulfilment of the mandate of a United Nations
operation, provided that such attendance is consistent with domestic law;
(f) To ensure the speedy release of United Nations and other personnel
carrying out activities in fulfilment of the mandate of a United Nations
operation who have been arrested or detained in violation of their immunity,
in accordance with the relevant conventions referred to in the present
resolution and applicable international humanitarian law;
(g) To ensure that the perpetrators of unlawful acts against
United Nations and other personnel carrying out activities in fulfilment of
the mandate of a United Nations operation are held accountable for their
actions;
5. Requests the SecretaryGeneral:
(a) To take the necessary measures to ensure full respect for the
human rights, privileges and immunities of United Nations and other personnel
carrying out activities in fulfilment of the mandate of a United Nations
operation and, when those human rights, privileges and immunities are
violated, to ensure that such personnel are restored to their organization,
and, where appropriate, to seek redress and compensation for the damage caused
to them;
(b) To take the necessary measures to implement the recommendations
contained in the final report of the Special Rapporteur of the SubCommission
on Prevention of Discrimination and Protection of Minorities on the protection
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of the human rights of United Nations staff members, experts and their
families (E/CN.4/Sub.2/1992/19), including the recommendations contained in
paragraphs 45 and 47;
(c) To seek the inclusion of the applicable principles referred to in
paragraph 2 of the present resolution in negotiations of headquarters and
other mission agreements concerning United Nations and associated personnel;
(d) To submit to the Commission at its fiftysixth
session a report on
the situation of United Nations and other personnel carrying out activities in
fulfilment of the mandate of a United Nations operation who are imprisoned,
missing or held in a country against their will, on new cases which have been
successfully settled as they relate to the principles set out in the
International Covenants on Human Rights, and on the implementation of the
measures referred to in the present resolution;
(e) To submit to the Commission at its fiftysixth
session the
comprehensive and independent study, requested from within existing resources,
in resolution 1997/25, to shed further light on the safety and security
problems which United Nations and other personnel carrying out activities in
fulfilment of the mandate of a United Nations operation currently face, taking
into account the evolution of the nature of United Nations missions around the
world and their greater responsibilities, giving due consideration to the
views of the main United Nations agencies concerned and those of relevant
intergovernmental and nongovernmental
organizations.
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]
1998/38. 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 to cruel,
inhuman or degrading treatment or punishment, that such actions constitute a
criminal attempt to destroy a fellow human being physically and mentally,
which can never be justified under any circumstances, by any ideology or by
any overriding interest, and convinced that a society that tolerates torture
can never claim to respect human rights,
Recalling that freedom from torture and cruel, inhuman or degrading
treatment or punishment is a non-derogable right and that the prohibition of
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torture is explicitly affirmed in article 5 of the Universal Declaration of
Human Rights, article 7 of the International Covenant on Civil and Political
Rights, the Declaration on the Protection of All Persons from Being Subjected
to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, as well as in the relevant provisions of other international
human rights instruments such as the Convention on the Rights of the Child,
the Vienna Declaration and Programme of Action, the Declaration on the
Elimination of All Forms of Violence against Women and the four Geneva
Conventions of 1949 for the protection of war victims,
Appalled at the widespread occurrence of torture and other cruel,
inhuman or degrading treatment or punishment,
Recalling all relevant resolutions of the General Assembly, the Economic
and Social Council and the Commission on Human Rights, in particular Assembly
resolution 51/86 of 12 December 1996 and Commission resolution 1997/38 of
11 April 1997,
Mindful of the proclamation by the General Assembly in its
resolution 52/149 of 10 December 1997 of 26 June as United Nations
International Day in Support of Victims of Torture,
1. Calls upon all Governments to implement fully the prohibition of
torture and other cruel, inhuman or degrading treatment or punishment;
2. Urges all Governments to promote the speedy and full
implementation of the Vienna Declaration and Programme of Action
(A/CONF.157/23) and, in particular, of Part II, section B.5, relating to
freedom from torture, in which it is stated that States should abrogate
legislation leading to impunity for those responsible for grave violations of
human rights such as torture and prosecute such violations, thereby providing
a firm basis for the rule of law;
3. Reminds Governments that corporal punishment can amount to cruel,
inhuman or degrading punishment or even to torture;
4. Stresses in particular that all allegations of torture or cruel,
inhuman or degrading treatment or punishment should be promptly and
impartially examined by the competent national authority, that those who
encourage, order, tolerate or perpetrate such acts 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 taken place, and that
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national legal systems should ensure that the victims of such acts obtain
redress and be awarded fair and adequate compensation and receive appropriate
socio-medical rehabilitation;
5. Reminds all States that prolonged incommunicado detention may
facilitate the perpetration of torture and can in itself constitute a form of
cruel, inhuman or degrading treatment;
6. Calls upon all Governments, the United Nations High Commissioner
for Human Rights and other 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;
7. Takes note 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.4/1998/36/Rev.1);
8. 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;
9. Invites all States ratifying or acceding to the Convention and
those States parties that have not yet done so to make the declaration
provided for in articles 21 and 22 of the Convention and to avoid making, or
consider the possibility of withdrawing, reservations to article 20;
10. Encourages 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;
11. 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;
12. Stresses that under article 4 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment acts of torture
must be made an offence under domestic criminal law and that acts of torture
during armed conflict are considered a grave breach of the Geneva Conventions
of 1949, with the perpetrators liable to prosecution and punishment;
13. Emphasizes the obligation of States parties under article 10 of
the Convention to ensure education and training for personnel who may be
involved in the custody, interrogation or treatment of any individual
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subjected to any form of arrest, detention or imprisonment, and calls upon
the United Nations High Commissioner for Human Rights, in conformity with her
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;
14. Stresses in this context that States must not punish personnel
referred to in the preceding paragraph for not obeying orders to commit acts
amounting to torture or other cruel, inhuman or degrading treatment or
punishment;
15. Welcomes the report of the Committee against Torture on its
seventeenth and eighteenth sessions (A/52/44);
16. Also welcomes the work of the Committee against Torture and its
practice of formulating concluding observations after the consideration of
reports, as well as its practice of carrying out inquiries into cases where
there are indications of the systematic practice of torture in States parties;
17. Urges States parties to take fully into account, in implementing
the provisions of the Convention, the conclusions and recommendations made by
the Committee at the end of the consideration of their reports;
18. Requests the Secretary-General to submit to the Commission an
annual report on the status of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
19. Commends the Special Rapporteur for his work as reflected in his
report (E/CN.4/1998/38 and Add.1 and Add.2);
20. Notes the recommendations of the Special Rapporteur contained in
his report, as well as the recommendations made in previous years;
21. Decides to extend for three years the mandate of the Special
Rapporteur on torture;
22. Invites the Special Rapporteur to continue to examine questions
concerning torture and other cruel, inhuman or degrading treatment or
punishment directed against women and conditions conducive to such torture, to
make appropriate recommendations concerning the prevention and redress of
gender-specific forms of torture, including through rape, and to exchange
views with the Special Rapporteur on violence against women with a view to
enhancing further their effectiveness and mutual cooperation;
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23. Also invites the Special Rapporteur to continue to consider
questions relating to the torture of children and conditions conducive to such
torture and other cruel, inhuman or degrading treatment or punishment and to
make appropriate recommendations concerning the prevention of such torture;
24. Approves the methods of work employed by the Special Rapporteur as
set out in his previous report (E/CN.4/1997/4, annex), in particular with
regard to urgent appeals, encourages him to continue to respond effectively to
credible and reliable information that comes before him and invites him to
continue to seek the views and comments of all concerned, including
Governments, in the elaboration of his report;
25. Calls upon all Governments to cooperate with and assist the
Special Rapporteur on torture in the performance of his task, to supply all
necessary information requested by him and to react appropriately to his
urgent appeals;
26. Urges those Governments that have not yet responded to
communications transmitted to them by the Special Rapporteur to answer
expeditiously;
27. Encourages all Governments to give serious consideration to
inviting the Special Rapporteur to visit their countries, so as to enable him
to fulfil his mandate even more effectively;
28. Requests the Special Rapporteur to continue to consider inclusion
of information in his report on the follow-up by Governments to his
recommendations, visits and communications;
29. Considers it desirable that the Special Rapporteur continue to
exchange views with the relevant human rights mechanisms and bodies,
especially the Committee against Torture and the High Commissioner for Human
Rights, in particular with a view to enhancing further their effectiveness and
mutual cooperation, while avoiding unnecessary duplication, and that he should
pursue cooperation with relevant United Nations programmes, notably that on
crime prevention and criminal justice;
30. Invites the Special Rapporteur to present an oral interim report
to the General Assembly at its fifty-third session on the overall trends and
developments with regard to his mandate and a full report to the Commission at
its fifty-fifth session;
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31. Takes note of the reports of the Secretary-General on the
United Nations Voluntary Fund for Victims of Torture (E/CN.4/1998/37 and
Add.1 and Add.2 and A/52/387);
32. Expresses its appreciation to the Board of Trustees of the
United Nations Voluntary Fund for Victims of Torture for the work it has
accomplished and to those Governments, organizations and individuals that have
already contributed to the Fund;
33. Appeals to all Governments, organizations and individuals in a
position to do so to contribute annually to the Fund, if possible with a
substantial increase in the number and level of contributions in order to take
into consideration the ever-increasing demand for assistance;
34. Stresses the need for contributions to the Fund on a regular basis
and takes note of the request of the Board of Trustees that such contributions
be paid before the Board's annual meeting in May in order, inter alia, to
prevent the interruption of programmes in the continuation of which the Fund
plays an instrumental role;
35. Stresses in particular the increasing need for assistance to
rehabilitation services for victims of torture;
36. 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;
37. Renews its request to the Secretary-General to transmit to all
Governments the appeals of the Commission for contributions to the Fund;
38. Calls upon the Board of Trustees of the Fund to report to the
Commission at its fifty-fifth session and present an updated assessment of the
global need for international funding of rehabilitation services for victims
of torture;
39. Requests the Secretary-General to continue to keep the Commission
informed of the operations of the Fund on an annual basis;
40. Urges States parties whose arrears predate
the provision made by
the Secretary-General for funding the Committee against Torture from the
regular budget to fulfil their obligations forthwith;
41. 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
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United Nations bodies and mechanisms dealing with torture, in order to ensure
their effective performance;
42. Decides to continue to consider these questions at its
fifty-fifth session.
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]
1998/39. Human rights in the administration of justice in
particular of children and juveniles in detention
Guided by the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights and its Optional Protocols, and in
particular article 6 of the latter Covenant,
Bearing in mind the relevant principles embodied in the Convention on
the Rights of the Child, and in particular its articles 3, 37, 39 and 40, as
well as the relevant provisions of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, the International
Convention on the Elimination of All Forms of Racial Discrimination and the
Convention on the Elimination of All Forms of Discrimination against Women,
Deeply concerned at the severity and brutality with which children and
juveniles are used as instruments in criminal activities,
Aware of the need for special vigilance with regard to the specific
situation of children and juveniles as well as women in detention and their
special needs while deprived of their liberty, in particular their
vulnerability to various forms of abuse, injustice and humiliation,
Reaffirming that the best interest of the child must be a primary
consideration in all decisions concerning the deprivation of their liberty, in
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particular that every child deprived of liberty shall be separated from
adults, to the greatest extent feasible, unless it is considered in the
child's best interest not to do so,
Underlining the need to further increase the cooperation in the field of
the administration of justice between the Commission on Human Rights and the
Commission on Crime Prevention and Criminal Justice,
Welcoming the important activities of the Committee on the Rights of the
Child, the United Nations Children's Fund, the Office of the United Nations
High Commissioner for Human Rights, the Centre for International Crime
Prevention and the United Nations Development Programme in the field of
juvenile justice,
Welcoming also the Guidelines for Action on Children in the Criminal
Justice System, as annexed to Economic and Social Council resolution 1997/30
on administration of juvenile justice, including the establishment of a
coordination panel on technical advice and assistance in juvenile justice,
1. Takes note with appreciation of the report of the
SecretaryGeneral
(E/CN.4/1998/35);
2. Reaffirms the importance of the full and effective implementation
of all United Nations standards on human rights in the administration of
justice;
3. Reiterates its call to all Member States to spare no effort in
providing for effective legislative and other mechanisms and procedures, as
well as adequate resources, to ensure the full implementation of these
standards;
4. Appeals to Governments to include in their national development
plans the administration of justice as an integral part of the development
process and to allocate adequate resources for the provision of legalaid
services with a view to the promotion and protection of human rights;
5. Invites Governments to provide training, including
gendersensitive
training, in human rights in the administration of justice,
including juvenile justice, to all judges, lawyers, prosecutors, social
workers and other professionals concerned, including police and immigration
officers;
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6. Encourages States to make use of technical assistance offered by
the United Nations programmes of advisory services and technical assistance in
order to strengthen national capacities and infrastructures in the field of
the administration of justice;
7. Invites the international community to respond favourably to
requests for financial and technical assistance for the enhancement and
strengthening of the administration of justice;
8. Calls upon the SecretaryGeneral
to strengthen systemwide
coordination in the field of administration of justice, in particular between
the United Nations programmes in the field of human rights and crime
prevention and criminal justice;
9. Welcomes the fact that the Committee on the Rights of the Child
attaches particular importance to the question of the administration of
juvenile justice and that it has made concrete recommendations concerning the
improvement of juvenile justice systems, through action by the Secretariat and
other relevant United Nations entities, including the provision of advisory
services and technical cooperation;
10. Also welcomes the establishment of a Coordination Panel on
technical advice and assistance in juvenile justice which aims at coordinating
activities in the field of juvenile justice undertaken by relevant entities of
the United Nations system as well as nongovernmental
organizations,
professional groups and academic societies involved in the provision of
technical advice and assistance;
11. Requests the High Commissioner for Human Rights to continue to pay
special attention to the subject of juvenile justice;
12. Calls upon special rapporteurs, special representatives and
working groups of the Commission on Human Rights to continue to give special
attention to questions relating to the effective protection of human rights in
the administration of justice, and to provide, wherever appropriate, specific
recommendations in this regard, including proposals for measures of advisory
services and technical assistance;
13. Recognizes that every child and juvenile in conflict with the law
must be treated in a manner consistent with his or her dignity and needs;
14. Recommends that States ensure that all structures, procedures and
programmes in the administration of justice with regard to child offenders
promote assistance to allow children to take responsibility for their actions
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and to encourage, inter alia, reparation, mediation and restitution,
especially for the direct victim of the offence;
15. Urges States to take appropriate steps to ensure compliance with
the principle that depriving children and juveniles of their liberty should be
used only as a measure of last resort and for the shortest appropriate period
of time, in particular before trial, and to ensure that, if they are arrested,
detained or imprisoned, children and juveniles are separated from adults, to
the greatest extent feasible, unless it is considered in their best interest
not to do so;
16. Also urges States to take fully into account, in their national
legislation and practice, and disseminate widely the United Nations Guidelines
for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice (The
Beijing Rules) and the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty;
17. Requests the SecretaryGeneral
to present a report to the
Commission at its fiftysixth
session on practical measures for the
implementation of the international standards in the field of human rights in
the administration of justice, in particular juvenile justice, including on
the role of technical assistance of the United Nations system in this regard;
18. Decides to consider this question at its fiftysixth
session under
the item entitled “Question of the human rights of all persons subjected to
any form of detention or imprisonment”.
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]
1998/40. Question of 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 consisting of five of its members, to
serve as experts in their individual capacity, to examine questions relevant
to enforced or involuntary disappearances, its resolution 1997/26 of
11 April 1997 and its resolution 1995/75 of 8 March 1995 on cooperation with
representatives of United Nations human rights organs,
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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, and
Assembly resolutions 49/193 of 23 December 1994 and 51/94 of 12 December 1996,
Deeply concerned, in particular, by the intensification of enforced or
involuntary disappearances in various regions of the world and by the growing
number of reports concerning harassment, ill-treatment and intimidation of
witnesses of disappearances or relatives of persons who have disappeared,
Emphasizing that impunity is simultaneously one of the underlying causes
of enforced disappearances and one of the major obstacles to the elucidation
of cases thereof,
1. Takes note of the report (E/CN.4/1998/43) that the Working Group
on Enforced or Involuntary Disappearances has submitted to the Commission on
Human Rights in accordance with Commission resolution 1997/26 of 1 April 1997;
2. Encourages the Working Group to continue, in execution of its
mandate:
(a) To promote communication between families of disappeared persons
and the Governments concerned, 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 observe in its humanitarian task United Nations standards and
practices regarding the handling of communications and the consideration of
government replies;
(c) 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 rapporteur appointed
by the Sub-Commission on Prevention of Discrimination and Protection of
Minorities;
(d) To pay particular attention to cases of children subjected to
enforced disappearance and children of disappeared persons, and cooperate
closely with the Governments concerned in searching for and identifying these
children;
(e) To pay particular attention to cases transmitted to it that refer
to ill-treatment, serious threatening or intimidation of witnesses of enforced
or involuntary disappearances or relatives of disappeared persons;
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(f) To pay particular attention to cases of the 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 applying a gender perspective in its reporting
process, including in information collection and formulation of
recommendations;
(h) To provide appropriate assistance with the implementation by
States of the Declaration on the Protection of All Persons from Enforced
Disappearance 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 fiftyfifth
session of the
Commission on Human Rights;
3. Deplores the fact that some Governments have never provided
substantive replies concerning the cases of enforced disappearances in their
countries or acted on the recommendations concerning them made in the reports
of the Working Group;
4. Urges the Governments concerned:
(a) To cooperate with the Working Group and help it to carry out its
mandate effectively, in particular by inviting it freely to visit their
countries;
(b) To intensify their cooperation with the Working Group on any
action taken pursuant to recommendations addressed to them by the Working
Group;
(c) To take steps to protect witnesses of enforced or involuntary
disappearances and the lawyers and families of disappeared persons against any
intimidation or ill-treatment to which they might be subjected;
(d) That have long had many unresolved cases of disappearances, to
continue their efforts to shed light on the fate of the individuals concerned
and to set in train with the families of those individuals appropriate
settlement machinery;
(e) To make provision in their legal systems for machinery for the
seeking by victims of enforced or involuntary disappearances or their families
of fair and adequate reparation;
5. Reminds Governments:
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(a) 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;
(b) Of the need to 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;
6. 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 invited the Working Group to visit 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 commendation of the efforts by Governments which investigate,
or develop appropriate mechanisms to investigate, any cases of enforced
disappearances which are brought to their attention, and encourages all the
Governments concerned to expand their efforts in this area;
7. Invites:
(a) 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, involuntary or arbitrary disappearances and in giving
effect to the principles set forth in the Declaration on the Protection of All
Persons from Enforced Disappearance;
8. Takes note of non-governmental organizations’ assistance to the
Working Group and activities in support of the implementation of the
Declaration, and invites those organizations to continue their cooperation;
9. Requests the Working Group to report on its activities to the
Commission at its fifty-fifth session;
10. Requests the Secretary-General:
(a) To ensure that the Working Group receives all the assistance and
resources, especially a database on cases of enforced disappearance, that it
requires to perform its function, carry out and follow up missions, hold
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sessions in countries that would be prepared to receive it and update the
database;
(b) To keep the Working Group and the Commission on Human Rights
regularly informed of the steps he takes for the wide dissemination and
promotion of the Declaration on the Protection of All Persons from Enforced
Disappearance;
11. Decides to renew for a period of three years the mandate of the
Working Group on Enforced or Involuntary Disappearances comprising five
independent experts;
12. Decides to consider this matter at its fifty-fifth session under
the same agenda item.
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]
1998/41. Question of arbitrary detention
The Commission on Human Rights,
Reaffirming articles 3, 9, 10 and 29, as well as other relevant
provisions of the Universal Declaration of Human Rights,
Recalling articles 9, 10, 11 and 14 to 22 of the International Covenant
on Civil and Political Rights,
Bearing in mind that, in accordance with the Commission's 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,
Reaffirming its resolution 1997/50 of 15 April 1997,
Having considered the report of the Working Group on arbitrary detention
(E/CN.4/1998/44 and Add.1 and 2),
1. Takes note:
(a) Of the work of the Working Group on Arbitrary Detention and
underlines positive initiatives it has taken to strengthen cooperation and
dialogue with States, and the establishment of cooperation with all those
concerned by the cases submitted to it for consideration, in accordance with
its mandate;
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(b) Of the importance that the Working Group attaches to coordination
with other mechanisms of the Commission on Human Rights, with other relevant
United Nations bodies and with treatymonitoring
bodies, as well as to the
strengthening of the role of the 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;
(c) Of the report of the Working Group;
2. Welcomes the efforts of the Working Group on Arbitrary Detention
to revise its methods of work in accordance with resolution 1997/50;
3. Takes note in this regard of its revised methods of work
(E/CN.4/1998/44, annex I) and invites it to ensure their implementation, in
accordance with the relevant provisions of Commission resolutions 1996/28 and
1997/50;
4. Takes note also of the preliminary observations made by the
Working Group on the situation of immigrants and asylumseekers,
in accordance
with the request made by the Commission on Human Rights in its resolution
1997/50, and encourages it to continue its work in this area;
5. Requests Governments 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;
6. Encourages Governments concerned:
(a) To pay attention to the recommendations of the Working Group
concerning persons mentioned in its report who have been detained for a number
of years;
(b) To take appropriate measures in order to ensure that their
legislation in these fields is in conformity with the relevant international
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standards and the relevant international legal instruments applicable to the
States concerned, and not to extend states of emergency beyond what is
strictly required by the situation, or to limit their effects;
7. Encourages all Governments to invite the Working Group to visit
their countries in order that it may fulfill its mandate even more
effectively;
8. Requests Governments 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 final conclusions;
9. Expresses its profound thanks to Governments which have extended
their cooperation to the Working Group and responded to its requests for
information, and invites all Governments concerned to demonstrate the same
spirit of cooperation;
10. Welcomes the fact that the Working Group has been informed of the
release of many individuals whose situation had been brought to its attention;
11. Requests the SecretaryGeneral:
(a) To extend his assistance to Governments expressing the wish to
receive it, as well as to Special Rapporteurs and working groups, with a view
to ensuring promotion and observance of the guarantees relating to states of
emergency that are laid down in the relevant international instruments;
(b) To ensure that the Working Group receives all necessary
assistance, particularly in regard to staffing and resources needed to
discharge its mandate, and notably with respect to field missions;
12. Requests the Working Group to submit to it, at its fiftyfifth
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 discharge its task in the best possible way, and to continue its
consultations to that end within the framework of its terms of reference;
13. Decides to continue its consideration of the question at its
fiftyfifth
session under the agenda item entitled “Question of the human
rights of all persons subjected to any form of detention or imprisonment”.
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]
E/CN.4/1998/L.11/Add.3
page 78
1998/42. Right to freedom of opinion and expression
The Commission on Human Rights,
Guided by the Universal Declaration of Human Rights, which affirms the
right to freedom of opinion and expression,
Mindful of the International Covenant on Civil and Political Rights
which reaffirms, in article 19, 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,
Mindful also that the International Covenant on Civil and Political
Rights also states that the exercise of the right to freedom of expression
carries with it special duties and responsibilities and may therefore be
subject to certain restrictions, but that these should be 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 public
order (ordre public) or of public health or morals, and that any propaganda
for war or any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall be
prohibited by law,
Taking note of the Johannesburg Principles on National Security, Freedom
of Expression and Access to Information adopted by a group of experts meeting
in South Africa on 1 October 1995,
Mindful of the need to ensure that unjustified invocation of national
security to restrict the right to freedom of expression and information does
not take place,
Noting that restrictions on the exercise of the right to freedom of
opinion and expression could indicate a deterioration in the protection,
respect for and enjoyment of other human rights and freedoms,
Considering that the effective promotion and protection of the human
rights of persons who exercise the right to freedom of opinion and expression
are of fundamental importance to the safeguarding of human dignity,
Reaffirming that education is an integral component of the full and
effective participation of persons in a free society, in particular for the
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full enjoyment of the right to freedom of opinion and expression, and that the
eradication of illiteracy is very important to the achievement of these goals
and to the development of the human person,
Deeply concerned at numerous reports of detention of, as well as
discrimination, threats and acts of violence and harassment, including
persecution and intimidation, against professionals in the field of
information,
Taking note of the need to raise awareness about all aspects of the
interrelationship between the use and availability of new media of
communication, including modern telecommunications technology, and the right
to freedom of expression and information, and of the efforts made in this
regard in a number of international and regional forums, and mindful of
provisions of relevant instruments,
Deeply concerned that for women there exists a gap between the right to
freedom of opinion and expression, the right to information and the effective
enjoyment of those rights, and that this gap contributes to inadequate action
by Governments in the integration of the human rights of women into the
mainstream of their human rights activities,
1. Reaffirms its commitment to the principles contained in the
International Covenant on Civil and Political Rights;
2. Welcomes the report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression (E/CN.4/1998/40
and Add.1 and Add.2) and the comments and analysis contained therein;
3. Expresses its concern at the extensive occurrence of detention,
longterm
detention and extrajudicial killing, persecution and harassment,
including through the abuse of legal provisions on criminal libel, of threats
and acts of violence and of discrimination directed at persons who exercise
the right to freedom of opinion and expression, including the right to seek,
receive and impart information, 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, as well as at persons who
seek to promote the rights affirmed in the Universal Declaration of Human
Rights and the International Covenant on Civil and Political Rights and seek
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to educate others about them or who defend those rights and freedoms,
including legal professionals and others who represent persons exercising
those rights;
4. Also expresses its concern at the number of cases in which the
violations referred to in paragraph 3 of the present resolution are
facilitated and aggravated by several factors such as abuse of states of
emergency, exercise of the powers specific to states of emergency without
formal declaration, and too vague a definition of offences against State
security;
5. Calls for further progress towards release of persons detained for
exercising the rights and freedoms referred to in paragraph 3, bearing in mind
that each individual is entitled to the full enjoyment of all human rights and
fundamental freedoms;
6. Invites once again the working groups, representatives and special
rapporteurs of the Commission on Human Rights to pay attention, within the
framework of their mandates, to the situation of persons detained, subjected
to violence, illtreated
or discriminated against for having exercised the
right to freedom of opinion and expression as affirmed in the Universal
Declaration of Human Rights, the International Covenant on Civil and Political
Rights and other relevant human rights instruments;
7. Urges Governments to implement effective measures to eliminate the
atmosphere of fear which often prevents women who have been victims of
violence, either in domestic or community settings or as a result of armed
conflict, from communicating freely on their own behalf or through
intermediaries;
8. Appeals to all States:
(a) To ensure respect and support for the rights of all persons who
exercise the right to freedom of opinion and expression, including the right
to seek, receive and impart information, the rights to freedom of thought,
conscience and religion, peaceful assembly and association and the right to
take part in the conduct of public affairs or who seek to promote and defend
these rights and freedoms and, where any persons have been detained, subjected
to violence or threats of violence or to harassment, including persecution and
intimidation even after their release from detention, for exercising these
rights as laid down in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and other relevant human
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rights instruments, to take the appropriate steps to ensure the immediate
cessation of these acts and to create conditions under which these acts may be
less liable to occur;
(b) To ensure that persons seeking to exercise these rights and
freedoms are not discriminated against, particularly in such areas as
employment, housing and social services, and in this context to pay particular
attention to the situation of women;
(c) To cooperate with and assist the Special Rapporteur in the
performance of his tasks and to provide all information necessary in order to
permit him fully to carry out his mandate;
9. Invites the Special Rapporteur, within the framework of his
mandate:
(a) To draw the attention of the United Nations High Commissioner for
Human Rights to those situations and cases regarding freedom of opinion and
expression which are of particularly serious concern to the Special
Rapporteur, and encourages the High Commissioner, within her mandate, to take
into account reports in this regard in the context of her activities to
promote and protect human rights, with a view to preventing the occurrence and
recurrence of human rights violations;
(b) In cooperation with the Special Rapporteur on violence against
women, to continue to pay particular attention to the situation of women and
the relationship between the effective promotion and protection of the right
to freedom of opinion and expression and incidents of discrimination based on
sex, creating obstacles for women with regard to their right to seek, receive
and impart information, and to consider how these obstacles impede the ability
of women to make informed choices in areas of particular importance to them,
as well as in areas related to the general decisionmaking
processes in the
societies in which they live;
(c) To continue his efforts to cooperate with other special
rapporteurs, special representatives, independent experts, working groups and
other United Nations mechanisms and procedures in the field of human rights;
(d) To develop further his commentary on the right to seek and receive
information and to expand on his observations and recommendations arising from
communications;
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(e) To continue to seek the views and comments of the Governments and
others concerned in the elaboration of his report, as well as to continue to
carry out his work with discretion and independence;
(f) To assess the advantages and challenges of new telecommunications
technologies, including the Internet, on the exercise of the right to freedom
of opinion and expression, including the right to seek, receive and impart
information, taking into account the work undertaken by the Committee on the
Elimination of Racial Discrimination on racism, racial discrimination,
xenophobia and related intolerance;
10. Requests the Special Rapporteur to submit to the Commission at its
fiftyfifth
session a report covering activities relating to his mandate and
decides to continue its consideration of this question at that session.
51st meeting
17 April 1998
[Adopted without a vote. See chap. VIII.]