UN Human Rights Treaties

UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL Distr GENERAL E/CN.4/1985/3 E/CN.4/Sub.2/1934/45 19 October 1984 Original: FRENCH/ENGLISH COMMISSION ON HUMAN RIGHTS Sub-Commission on Prevention of Discrimination and Protection of Minorities REPORT OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES ON ITS THIRTY-SEVENTH SESSION Geneva, 6-31 August 1984 Rapporteur: Mr. Leandro Despouy GE.84-15209 E/CN.4/1985/3 E/cN.4/Sub. 2/1984/43 page ii CONTENTS ; Chapter. Page I. ISSUES REFERRED TO THE COMMISSION ON HUMAN RIGHTS FOR ACTION OR CONSIDERATION A. Draft resolutions recommended by the Sub-Commission to the commission on, Human Rights for adoption 1 I. Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa 1 II. The administration of justice and the human rights of detainees: Elaboration of a second optional protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty 2 III. Human rights and scientific and technological developments; Prevention and suppression of unlawful human experimentation 3 IV. Human rights and scientific and technological developments 3 V. The administration of justice and the human rights of detainees 4 VI. Slavery and slavery-like practices: Mission to Mauritania 4 VII. Slavery and slavery-like practices 5 VIII. Study of the problem of discrimination against indigenous populations. 7 B. Sub-Commission, resolutions referring to matters which require action, or consideration by the Commission 9 1984/1 Review of further developments in fields with which the Sub-Commission has been concerned 9 1964/2, The status of the individual and contemporary international law 9 1984/3 Draft body of principles and guidelines on the right and responsibility of individuals, groups and organs of society to promote and protect human rights and fundamental freedoms 9 E/CN. 4/1985/3 E/CN.4/Sub.2/1984/45. page iii Chapter , Page Adverse consequences for the enjoyment of human rights of political. military, economic and other forms of assistance given to the racist and colonialist regime of South Africa 9 1984/6. Question of the violation of human rights and fundamental freedoms: The situation in Afghanistan 10 1984/8. The administration of justice and the hitman rights of detainees: Question of human rights of persons subjected, to any form of detention and imprisonment 10 1984/9. The administration of justice and the human rights of detainees: The state of siege in Paraguay 11 1984/11. The administration of justice and the human rights of detainees: Study on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers 11 1984/14 Question of the violation of human rights and fundamental freedoms: The situation. in the Islamic Republic of Iran 11 1984/l5. The new international economic order and the promotion of human rights: The right to adequate food 12 1984/21. Question of the violation of human rights and fundamental freedoms: The, .right to leave any country, including one's own, and the right to return to one's own country 12 1984/22. Question of the violation of human rights and fundamental freedoms: The penalty of amputation 12 1984/25. Question of the violation of human rights and fundamental freedoms: The situation in Guatemala 12 1934/24. Question of the violation of human rights and fundamental freedoms; The situation . in East Timor 13 1984/25. The administration of justice and the human rights of detainees: The situation in Uruguay 13 E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page iv Chapter Paragraphs Page 19S4/26. Question of the violation of human rights and fundamental freedoms: The situation in El Salvador1 14 1984/27. The administration of justice and the human rights of detainees 15 1984/28. Slavery and slavery-like practices! Mission to Mauritania 15 1934/29. Question of the violation of human rights and fundamental freedoms : The situation in Chile 15 1984/30. The effects of gross violations of human rights on international peace and security 16 1984/31. Elimination of all forms of intolerance and discrimination based on religion or belief 16 1984/32. Question of the violation of human rights and fundamental freedoms The situation in Sri Lanka 16 1984/35. Study, of the problem of discrimination against indigenous' populations 16 1984/36. Encouragement of universal acceptance of human rights instruments 17 1984/37. Review of the work of the Sub-Commission 18 II. ORGANIZATION OF THE SESSION 1- 19 19 III. REVIEW OF THE WORK OP THE SUB-COMMISSION 20-47 23 IV. REVIEW OF FURTHER DEVELOPMENTS IN FIELDS WITH WHICH THE SUB-COMMISSION HAS BEEN CONCERNED 48 - 66 26 V. ELIMINATION OF RACIAL DISCRIMINATION 67 - 108 29 A. MEASURES TO COMBAT RACISM AND RACIAL DISCRIMINATION AID THE ROLE OF THE SUB-COMMISSION 67 - 86 29 B. ADVERSE CONSEQUENCES FOR THE ENJOYMENT OF HUMAN RIGHTS OF POLITICAL, MILITARY,, ECONOMIC AM) OTHER FORMS OF ASSISTANCE GIVEN TO THE RACIST AND COLONIALIST REGIME OF SOOTH AFRICA 87 - 103 31 E/CN. 4/Sub.2/1984/43 page v Chapter Paragraphs Page VI. QUESTION OF THE "VIOLATION OF HUMAN RIGHTS AMD FUNDAMENTAL FREEDOMS, INCLUDING POLICIES OF RACIAL DISCRIMINATION AND SEGREGATION AND OF APARTHEID, IN ALL COUNTRIES, WITH PARTICULAR REFERENCE TO COLONIAL AM) OTHER DEPENDENT COUNTRIES AND TERRITORIES; 109 - 209 34 A. REPORT OF THE :SUB-COMMISSION ESTABLISHED UNDER COMMISSION RESOLUTION 8 (XXIII) 109 - 196 34 B. THE EFFECTS OF GROSS VIOLATIONS OF HUMAN RIGHTS CSS INTERNATIONAL PEACE AND SECURITY 197 - 209 42 VII. COMMUNICATIONS C0NCERNING HUMAN RIGHTS; REPORT. OF THE WORKING GROUP ESTABLISHED UNDER SUB-COMMISSION RESOLUTION 2 (XXIV) IN ACCORDANCE WITH ECONOMIC AND SOCIAL COUNCIL RESOLUTION 1503 (XLVIII) ' 210 - 215 A3 VIII. THE ADMINISTRATION OF JUSTICE AND THE HUMAN RIGHTS' OF DETAINEES 216-285 46 A. QUESTION OF HUMAN RIGHTS OF PERSONS SUBJECTED' TO ANY FROM OF DETENTION AND IMPRISONMENT. .... . 218 - 254 46 B. INDIVIDUALIZATION OF PROSECUTION AND PENALTIES, AND REPERCUSSIONS OF VIOLATIONS OF HUMAN RIGHTS ON FAMILIES .. 235-237 49 0. STUDY ON THE INDEPENDENCE AND IMPARTIALITY OF THE JUDICIARY, JURORS AND ASSESSORS AMD THE INDEPENDENCE OF LAWYERS '233 - 240 49 D. IMPLEMENTATION OF THE RIGHT TO DEROGATION PROVIDED FOR UNDER ARTICLE 4 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND ' VIOLATIONS OF HUMAN RIGHTS 241 - 2 85 50 EC. HUMAN RIGHTS AND SCIENTIFIC AND' TECHNOLOGICAL DEVELOPMENTS 266 - 511 54 X. STUDY OF THE PROBLEM OF DISCRIMINATION AGAINST INDIGENOUS; POPULATIONS ' 312 - 328 57 XI. THE NEW INTERNATIONAL ECONOMIC ORDER AND THE PROMOTION OF HUMAN RIGHTS 329 - 548 59 XII, SLAVERY AND SLAVERY-LIKE PRACTICES '. 349 - 368 6l A. QUESTION OF SLAVERY AND' THE SLAVE TRADE IN ALL THEIR PRACTICES AND MANIFESTATIONS, INCLUDING THE SLAVERY-LIKE PRACTICES OF APARTHEID AND COLONIALISM" Si B. EXPLOITATION OF CHILD LABOUR 6l E/CN.4/1955/3 E/CN.4/Sub.2/l984/43 page vi Chapter Paragraphs Page XIII. ENCOURAGEMENT OF UNIVERSAL ACCEPTANCE OF HUMAN RIGHTS INSTRUMENTS 369 - 382 64 XIV. ELIMINATION OP ALL FORMS OF -INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF 383 - 393 66 XV. PROMOTION, PROTECTION AND RESTORATION OP HUMAN RIGHTS AT NATIONAL, REGIONAL AND INTERNATIONAL LEVELS 394 - 426 63 A. THE STATUS OF THE INDIVIDUAL AND CONTEMPORARY ENTERNNATIONAL LAW 394 _ 409 6S B. DRAFT BODY OF PRINCIPLES AND GUIDELINES ON THE RIGHT AND RESPONSIBILITY OF INDIVIDUALS, GROUPS AND ORGANS OF SOCIETY TO PROMOTE AND PROTECT HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS' 410 - 419 70 C. OTHER MATTERS: PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES 420 - 426 ' 71 XVI. CONSIDERATION OF THE FUTURE WORK OF THE SUB-COMMISSION AND OF THE DRAFT PROVISIONAL AGENDA FOR THE THIRTY-EIGHTH SESSION OF THE SUB-COMMISSION 427 - 437 73 XVII. ADOPTION OF THE REPORT 436 - 439 77 XVIII. RESOLUTIONS AND DECISIONS ADOPTED BY THE SUB-COMMISSION AT ITS THIRTY-SEVENTH SESSION 78 A. Resoiutioris 78 1984/1 Review of further developments in fields with -which the Sub-Commission has been concerned 78 1984/2 The status of the individual and contemporary international law 78 1984/3 Draft body of principles and guidelines on the right and responsibility of individuals, groups and organs of society . to promote and protect human rights and fundamental freedoms 79 1984/4 Adverse consequences for the enjoyment of human rights of political military, economic and other forms of assistance given to the racist and colonialist regime of South Africa 79 1984/5 Measures to combat r `acism and racial discrimination and the role of the Sub-Commission 80 E/CN. 4/1985/3 E/CN.4/Sub. 2/1984/43 , page vii Chapter Page 1934/6. Question of the violation of human rights and fundamental freedoms: The situation in Afghanistan. 31 1934/7 The administration of justice and the human rights of detainees; Elaboration of a second optional protocol to the International Covenant on Civil and Political Eights, aiming at the abolition of the death penalty 82 1984/8 The administration of justice and the human rights of detainees; Question of human rights of persons subjected to any form of detention and imprisonment 82 1984/9 The administration of justice and the human rights of detainees: The state of siege in Paraguay 83 19S4/10 The administration of justice and the human rights of detainees 34 1934/11 The administration of justice and the human rights of detainees: Study on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers 85 1934/12 Human rights and scientific, and technological developments 35 1984/13 The administration of justice and the human rights of detainees 88 1984/14 Question of the violation of human rights and fundamental freedoms: The situation in the Islamic Republic of Iran 89 1984/15 The new international economic order and the promotion of human rights: The right to adequate food 89 1984/16 The administration of justice and the human rights of detainees: Question of human rights of persons subjected to any form of detention or imprisonment 90 1984/17 Human rights and scientific and technological developments: Prevention and suppression of unlawful human experimentation 90 1984/18 Human rights and scientific and technological developments 91 E/CN.4/1985/3 page viii Chafer page 1984/19 The new an emotional economic order and the promotion on human Rights 92 1984/20 Question of the violation of "human rights and fundamental freedoms The human rights of disabled persons. 93 1984/21 Question of the violation of human, rights and fundamental freedoms The right to leave any country .including .one's own, and the right to return to one's own country 94 1984/22 Question of .the. violation of human rights and fundamental freedoms; The penalty of amputation, 95 1984/25 Question .of the violation of human rights and fundamental freedoms; The situation in Guatemala 95 1984/24 . Question of the violation of human rights and fundamental freedoms. The situation in East Timor 97 1934/25'', The administration of. justice and; the human rights of detainees .The situation in Uruguay 97 1984/26 Question of the violation; of, human rights and fundamental freedoms: The situation in El Salvador 99 1984/27 The administration of justice and the human rights of detainees 100 1984/28 Slavery and slavery-like practices: Mission to Mauritania 101 1984/29 Question of the violation of human rights and fundamental freedoms: The situation in Chile 102 1984/30 The effects of gross violations, of human rights on international peace and security 103 1984/31 Elimination of all forms of intolerance and discrimination, based on religion, or belief 104 1984/32 Question of the violation of human rights and fundamental endmost The situation in Sri Lanka 104 1994/33 Slavery and slavery like practices 105 1984/34 Question- of the violation of human rights and fundamental freedoms The situation in South Africa and Namibia 106 E/CN.4/1985/5 page ix Chapter Page 1984/35 Study of the problem of discrimination against indigenous population: 107 1984/36 Encouragement of universal acceptance of human rights instruments 112 1984/37 Review of the work of the Sub-Commission 113 B, Decisions 21/ 1984/101 Promotion, protection and restoration of human rights at national, regional and international level: Prevention of discrimination and protection of minorities 114 1984/102 Study of the problem of discrimination against indigenous populations 115 1934/103 Organisation of the work of the thirey-eighth session 115 1934/104 Slavery and slavery like practice's: Question of slavery and the slave trade-in all their practices and manifestations 115 1984/105 Composition of working groups of the Sub-Commission 116 1934/106 Decision on draft resolutions and decisions before the Sub-Commission 116 Annexes I. Attendance II. Administrative and programme budget implications of resolutions and decisions adopted by the Sub-Commission at its thirty-seventh session III. List of studies under preparation in accordance with existing legislative authority IV. Draft Five-year Programme of Work (1985-1989) V. List of documents issued for the thirty-seventh session of the Sub-Commission E/CN.4/1985/3 E/CN. 4/Sub.2/1984/43 Page 1 I. ISSUES REFERRED TO THE COMMISSION ON HUMAN RIGHTS FOR ACTION OR CONSIDERATION */ A. Draft resolutions recommended by they Sub-Commission to the Commission on Human Rights for adoption I. Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa 1/ The Commission on Human Rights, Recalling its resolution 1984/6, Mindful of resolution 1984/4 of the Sub-Commission, 1. Expresses its satisfaction to the Special Rapporteur, Mr. Ahmed Khalifa, for his updated Report; 2/ 2. Calls upon all Governments to disseminate the updated report, and give its contents the widest possible publicity; 3. Requests the Secretary-General to give the Special Rapporteur all the assistance, including adequate travel funds, that he may require in the exercise of his mandate, with a view in particular to establish :direct contacts with the United Nations Centre on Transnational Corporations and the Centre against Apartheid of the Secretariat, and to expand his work on the annotation of certain selected cases as reflected in his present list and to continue the computerization of future updated lists 4. Invites the Secretary-General to give the updated report of the Special Rapporteur the widest distribution and publicity and to issue it as a United Nations publication. */ At its thirty-seventh session, in resolution 17 (XXXVII) of 10 March 198l, the Commission on Human Rights requested the Sub-Commission, in drawing up its annual report to the Commission, to present, and indicate clearly, in an introductory chapter all matters requiring the approval of the Commission; such matters include all, resolutions and decisions of the Sub-Commission other than those bearing on internal procedural questions or those which follow up previously, approved or specifically mandated courses of action. The present chapter has been prepared in accordance with that resolution. Draft resolutions recommended to the Commission for adoption are contained in section A. Resolutions referring to matters which require action or consideration by the Commission are indicated in section B. 1/ See chap. XVIII, sect. A, resolution 1984/4, and chap. V. 2/ E/CN.4/Sub.2/1984/S and Add.1-2. E/CN.4/1985/3 E/CN.4/Sub. 2/1984/43 page 2 II. The administration of justice and the human rights of detainees: Elaboration of a second optional protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty 3/ The Commission on Human Rights, Recalling its resolution 31984/19 of 6 March 1984 in which it invited the Sub-Commission on Prevention of Discrimination and Protection of Minorities to consider the idea of elaborating a draft of a second optional protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and to submit its views thereon to the Commission at its forty-first session, Having examined the report of the Sub-Commission on Prevention of Discrimination and Protection of. Minorities on the work of its thirty-seventh session, Recommends to the Economic and Social Council the adoption of the following resolution: The Economic and Social Council, Noting resolution 1984/7 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities and resolution 1985/ of the Commission on Human Rights concerning the idea of elaborating a draft of a second optional protocol to the international Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, 1. Authorizes the Sub-Commission to entrust Mr. M.. Bossuyt with preparing an analysis concerning the proposition to elaborate a second optional protocol to the International Covenant on Civil and Political Rights, aimirig at the" abolition of the death penalty; 2. Requests the Special Rapporteur to take into account the documents considered and the views expressed in the General Assembly, the Commission on. Human Rights and the Sub-Commission in favour or against the idea of elaborating such a protocol; 3. Invites the Rapporteur, to present on the basis, of his analysis recommendations for further consideration by the Sub-Commission at its thirty-ninth session; 4.fleque sestina Secretary- General to provide the Special Rapporteur with all necessary assistance for the completion of his task. 3/ See chap. XVIII, sect. A resolution 1984/7 and chap. VIII. E/CN.4/1985/3 E/CN.4/Sub.2/1984/45 page 3 III. Human rights and scientific and technological developments Prevention and suppression of unlawful human experimentation 4/ The Commission on Human Rights Recalling its-resolution 1984/.27 of 12 March i$84 on human rights and scientific and technological developments Noting that consideration of the human rights implications of scientific and technologies developments has been a priority concern of the United Nations since the International Conference on Human Rights 5/ Mindful of advances which have recently been made in the area of human experimentation, Recommends the following draft resolution to the Economic and Social Council for adoption: The Economic and Social Council, 1. Authorizes the Sub-Commission to entrust Mr. Driss Dahak with preparation of a study on the current dimensions and problems arising from unlawful human experimentation; 2. Requests the Secretary-General to give the Special Rapporteur all the assistance he may require in his work; 3. Requests the Special Rapporteur to submit a preliminary study to the Sub-Commission at its thirty-eighth session. IV. Human rights and scientific and technological developments 6/ The Commission on Human Rights, Recalling its resolution 1984/27 on human rights and scientific and technological developments, Noting that consideration of the human rights implications of scientific and technological developments has been a, priority concern of the United Nations since the International Conference on Human Rights,7/ Mindful of advances which have recently, been made in the area of computer and micro-computer technology Recommends the following draft resolution to the Economic and Social Council for adoption: 4/ See chap. XVIII, sect. A, resolution 1984/17, and chap. IX. 5/ Teheran, 22 April to 13 May 1968. 6/ See chap XVIII, sect. A, resolution 1984/18 and chap. IX. 7/ Teheran,22 April to 13 May 1968. E/CN.4/1985/3 E/CN. 4/Sub.2/1934/43 page 4 The Economic and Social Council, Recommends to the Commission on Human Rights that it authorize the Sub-Commission to undertake a study in the future, on the implications for human rights of recent advances in computer and micro-computer technology, and to designate a special rapporteur to, undertake this study. The study should pay particular attention to the potential uses of computer and micro-computer technology for increased dissemination of the texts of international instruments on human rights and for the further dissemination of information on human rights, including information produced by the United Nations in this field. V. The administration of justice and the human rights of detainees. 8/. The Commission on Human Rights, Recalling its decision 1984/104 of 6 March 1984, in which it decided to examine the report on situations known as states of siege or emergency to be submitted by the Sub-Commission to the Commission at the Commission's forty-first session as a matter of high priority, with a view to deciding what further action should be taken on the question of states of siege or emergency, Having examined the report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the work of its thirty seventh session, Mindful of resolution 1984/27 of the Sub-Commission, 1. Recommends to the Economic and Social Council the adoption of the following resolution: The Economic and Social Council, 1. Authorises the Sub-Commission to appoint a. .special rapporteur to carry out the work referred to in paragraph 1 of Sub-Commission resolution 1983/30 and resolution 1983/18 and decision 1984/104 of the Commission on Human Rights, on an annual basis; 2. Requests the Secretary-General to give the special rapporteur all the assistance he may require in his work; 3. Requests the special rapporteur to submit his first annual report to the Sub-Commission at its thirty-ninth session. VX,—Slavery and slavery like praetiees Mission to Mauritania 9/ The Commission on Human Rights, Recalling Economic and Social Council decision 1982/129 of 7 May 1982, Further recalling its resolution 1982/20 of 10 March 1982, Mindful of Sub-Commission resolution 16 (XXXIV) of 10 September 1981, 8/ See chap. XVIII, sect. A, resolution 1984/27 and chap. VIII. 9/ See chap. XVIII, sect. A, resolution 1984/28 and chap. XII. E/CN.4/1985/3,,E/CN.4/Sub.2/1984/43 page 5 Taking note of the report 10/ of the mission to Mauritania presented by Mr. Marc Bossuyt expert of the Sub-Commission, 1. Expresses its deep appreciation to the Government of the Islamic Republic of Mauritania for inviting a mission of the Sub-Commission to visit Mauritania, and for the facilities placed at the mission's disposal during its stay in Mauritania, enabling it to meet freely with a great variety of persons and for its exemplary co-operation with the United Nations in this matter; 2. Expresses also its high appreciation to the expert for His excellent and valuable report; 3. Decides to transmit the expert's report to the Government of the Islamic Republic of Mauritania inviting it to inform the Sub-Commission of any action which it feels able to take thereon; 4. Decides further to transmit the report to United Nations Development . Programme donor States, and to the United Nations Development Programme, the United Nations Children's Fund and the United Nations Fund for Population Activities, the United Nations Habitat and Human Settlements Foundation, the United Nations Scientific, Educational and Cultural Organization, the World Health Organization, the Food and Agricultural Organization of the United Nations, the International Fund for Agricultural Development, and the International Labour Organisation and the International Bank for Reconstruction and Development, and to regional and subregional organizations concerned and invite them to consider, in the light of the expert's report, what assistance they could give to Mauritania for the purpose of contributing to the eradication of the consequences of slavery, in accordance with the aims and objectives of the Mauritanian national plan of social and economic development; 5. Requests the expert 6f the Sub-Commission to prepare a follow-up report on the basis of the replies received and taking into account the views expressed by the Sub-Commission at its thirty-seventh session and by the Commission at its forty-first session on the matter in particular with respect to assistance which could be provided to Mauritania and to submit to the Sub-Commission an interim report at its thirty-eighth session; and a final report at its thirty-ninth session; 6. Requests the Secretary-General to provide the expert with all necessary assistance he may require in preparing his follow-up report. VII. Slavery and slavery-like practices 11/ The Commission on Human Rights, Recalling the provisions of the Slavery Convention, 12/ the Supplementary Convention on the Abolition of -Slavery, the Slave Trade and Institutions and Practices' Similar to Slavery, 13/ and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 14/ 10/ E/CN.4/Sub.2/1984/25. 11/ See chap. XVIII, sect. A; resolution 1984/33 and chap. XII. 12/ League of Nations, Treaty Series, vol. LX, No. 1414, p. 255. 13/ United Nations Treaty Series, vol. 266, No. 3822, p. 40. 14/ Ibid, vol. 96, No. 1542, p. 271- E/CN. 4/1985/3 E/CN.4/Sub, 2/1934/43 page 6 Having considered resolution 1984/33 of the Sub-Commission and the .relevant parts of the report of the Sub-Commission on the work of its thirty-seventh session, in particular those concerning the conclusions and recommendations of its Working Group on Slavery, Gravely concerned at the persistence and, in some cases, the recrudescence of various slavery-like practices today, in shocking disregard of accepted international standards on human rights. Considering, in the light of the work of the Sub-Commission and its Working Group on Slavery, that several issues, such as the ill-treatment and exploitation of women and children, debt bondage and the ill-treatment of domestic servants in various situations have not until very recently received sufficient attention. 1. Invites those eligible States which have not signed or ratified the Convention for the pression of the Traffic in Persons and of the Exploitation of the Prostitution of Others .to do so as soon as possible, or to explain- why, they feel unable to do so; and invites, the Secretary-General of the United Nations to communicate with Governments and pursue the matter in an appropriate manner, urging early ratification; 2. Requests the Secretary-General to invite States parties to the Slavery Convention, the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions, and Praetices Similar to Slavery, and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others to report regularly upon their compliance with the provisions of the Conventions; 3. Invites all States, as well as relevant organs and agencies of the United Nations system, competent intergovernmental organisations including the International Criminal Police Organization and non-governmental organizations concerned to continue to supply relevant information to the Working Group on Slavery; 4. Requests the Secretary-General to transmit to the Governments concerned for information and such observations as they may wish to make, and to the United Nations bodies and specialised agencies mentioned by the Working Group on Slavery in its recommendations, the statements containing specific allegations of slavery-like practices submitted to the Working Group on Slavery at its tenth, session by non-governmental organizations together with the relevant parts of the Working Group a report; 5. Requests the Sub-Commission to consider undertaking, at the appropriate time, a study concerning alleged slavery like practices against women and children as mentioned in the report of the Working Group on Slavery indicating ways and means by which women and children subjected to such practices, could best be assisted and rehabilitated, for subsequent consideration by the Commission on Human Rights, and also the study on debt bondage, as recommended on previous-occasions by the Sub-Commission: 6. Recommends that the struggle against procuring be intensified at the national level and, further, that international measures be adopted with the twofold purpose of dismantling the networks which feed prostitution and repatriating the victims of these networks as well as extending, assistance to them; 7. Recommends that all States concerned should adopt and implement such social and legal measures as are necessary to ensure the orderly and effective-reinsertion into society of the victims of prostitution; E/CN,4/Sub.2/1934/43 Page 7 8- Recommends that the mass media, including those of the United Nations system, be more widely used to publicize the evils of slavery and slavery-like practices and to make people more aware of their rights and responsibilities in the struggle against ouch practices; 9- Recommends that Governments be encouraged to avail themselves of the possibility of requesting assistance under the Programme of Advisory Services in the Field of Human Rights and other programmes as, appropriate for the elimination of slavery, slavery-like practices, and their sequels; 10. Requests the United Nations Children's Fund) the International Labour Organisation, the Food and Agriculture Organization of the United Nations and the United Nations Educational, Scientific and Cultural Organization to give particular attention in their technical assistance programmes to situations where poverty is leading to or perpetuating slavery and slavery like practices. VIII, Study of. the problem of discrimination against ' indigenous populations 15/ A. Study of the problem of discrimination against indigenous populations The Commission on. Human Rights, Recommends to the Economic and Social Council that the Secretary-General be authorized to arrange for the printing of an edited and condensed version, E/CN,4/Sub.2/1983/21/Add.8 being printed in full, of the "Study on the Problem of Discrimination Against Indigenous Populations" by Mr. Jose Martinez Cobo so that it may be given the. widest possible distribution, D. United' Nations Voluntary Fund for indigenous populations The Commission on Human Rights, Recalling its resolution 1982/19 of 10 March 1982 and 1983/23 of 4,March 1983, regarding the human rights and fundamental freedoms of indigenous populations, Further recalling its resolution 1984/52'of 12 March 1984, which noted with interest the Working Group's discussion of the possible establishment of a voluntary fund to facilitate the participation of representatives of indigenous populations En the Working Group's work, and looked forward to its considered proposals in this, regard, 1. Endorses the decision of the Sub-Commission to consider the establishment of such a fund as a significant development for the future promotion and protection of human rights of indigenous populations; 15/ See chap. XVIII, sect. A, resolution 1984/35 and chap, X. E/CN, 4/1985/3 E/CN,4/Sub.2/1984/43 page 8 2. Recommends the following resolution to the Economic and Social Council for adoption: The Economic and Social Council, Recalling its resolution 1982/34 of 7 May 1982, authorizing the establishment of an annual Working Group on Indigenous Populations, Recommends the following resolution to the General Assembly for adoption: The General Assembly, Taking note of Economic and Social Council resolution 1982/34 of 7 May 1982, authorizing the establishment of an annual Working Group on Indigenous Populations, Taking_ note of Commission on Human Rights resolution 1984/32 of 12 March 1984, 1. Convinced that the establishment of a voluntary, trust fund for indigenous populations constitutes a significant development for the future promotion and protection of the human rights of indigenous populations; 2. Decides to establish a voluntary trust fund in accordance with the following criteria (a) The name of the fund will be the United Nations Voluntary Fund for Indigenous Populations; (b) The purpose of the fund will be to assist representatives of indigenous communities and Organisations to participate in the deliberations of the Working Group on Indigenous Populations by providing them with financial assistance, funded by means of voluntary contributions from Governments, non-governmental organizations and other private or public entities; (c) The only type of activity to be supported by the Fund is the one described in subparagraph (b.) supra; (d) The only beneficiaries of assistance from the Fund shall be representatives of indigenous peoples organizations and communities and who are (1) so considered by the Board of Trustees described in subparagraph (e) infra, (ii) who would not,' in the opinion of the: Board, bendable to attend the sessions of the Working Group without the assistance provided by the Fund, and (iii) would be able to contribute to a deeper knowledge by the Working Group of the problems affecting indigenous populations and who would secure a bread geographical representation (e) The Fund shall be administered in accordance with the Financial Regulations, Rules and other relevant provisions set forth in the annex to the note presented by the Secretary-General in document E/CN.4/Sub.2/1983/20, with the advice of a Board of Trustees- composed of five persons with relevant experience on issues .affecting indigenous populations and who will serve in .their personal capacity. The members of the Board of Trustees shall be appointed by the; Secretary-General of the United Nations for a three-year terra renewable in consultation with the current Chairman of the Sub-Commission. At least one member of the Board shall be a representative of a widely recognized organization of indigenous people. E/CN.4/l985/3 E/CN.4/Sub.2/l984/43 page 9 B. Sub-Commission resolutions referring to matters which require action or consideration by the Commission 16/ 1984/1 Review of further developments in fields with which the Sub-Commission has been concerned [The Sub-Commission on Prevention of Discrimination and Protection of Minorities] 1. : Requests the Special Rapporteur to continue his work and to submit the final report to the Sub-Commission; at its thirty-eighth session; 17/ 1984/2 The 3tatus of the individual and contemporary International law [The_Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 2. Requests the Special Rapporteur to continue her work on the above-mentioned study with a; view to submitting her final report to the Sub-Commission during its thirty-eighth. session;18/ 1984/3 Draft body of principles and guidelines on the right and responsibility. of individuals, groups and organs of society to promote and protect human rights and fundamental .freedoms [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 1. Requests the Special Rapporteur to continue her work on the above-mentioned study and the draft -body of principles and; guidelines with a .view to submitting her final report to the Sub-Commission at its thirty-eighth*'session; 19/ 1984/4 Adverse consequences for the enjoyment of human rights of political,, military economic and other forms of assistance given to the racist and colonialist regime of South Africa [The Sub-Commission on Prevention of Discrimination and Protection of Minorities 1. Invites, in accordance with resolution 1984/6 of £8 February 1984 of the Commission on Human Rights and decision 1984/130 of 24 May 1984 of the Economic and Social Council, the Special Rapporteur, Mr. Ahmed Khalifa: 16/ For the text of the resolutions, see chap. XVIII, sect. A. 17/ See annex II to the present report. 18/ See annex II to the present report. 19/ See annex II to the present report. E/CN,4/1985/3 E/CN. 4/Sub.2/1984/43 page 10 (a) To continue to update, subject to anriual review, the list of banks transnational corporations and other organizations' assisting the racist and colonialist regime of South Africa, giving such details regarding enterprises listed as the Rapporteur may consider necessary and appropriate, including explanations of responses, if any, and to submit the updated report through the Sub-Commission to the Commission on Human Rights; (b) To use all available material from other United Nations organs. Member States, specialized agencies and other intergovernmental organizations, non-governmental organizations and other relevant sources in order to indicate the volume and nature of the assistance given to the racist regime in South Africa; (c) To initiate direct contacts with the United Nations Centre on Transnational Corporations and the Center against .Apartheid of the Secretariat, with a view to consolidating mutual co-operation in updating his report; 20/ 1984/6 Question of the violation' of human rights and fundamental freedoms: The situation in Afghanistan [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 1. Requests the Commission on Human Rights urgently to call on the authorities in Afghanistan to put an and to the -bombardments of the civilian population; 2. Further Requests; the Commission on Human Rights to ask its Special Rapporteur on Afghanistan also to investigate the human and material losses resulting from the recent bombardments of the civilian population and; to include his findings in his - report to the Commission. 1984/8 The administration of justice and the human rights of detainees: Question of human rights of persons subjected to any form of. detention and imprisonment [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 2. Requests the Special Rapporteur to continue to work on the study with a review to submitting his final report to the Sub-Commission at its thirty-eighth session; 21/ 20/ See annex II to the present report. 21/ See annex II to the present report. E/CN.4/1985/3. E/CN.4/Sub.2/1984/43 Page 11 1984/3 The administration of justice and the human rights of detainees: The state of siege in Paraguay [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 1. Requests The Commission on Human Rights to recommend to the Government of Paraguay to persevere in' its aim to co-operate with the .Commission' with a view to ending the state of siege, and to consider enacting a measure of amnesty allowing the participation of all in the public affairs of the country 1984/11 The administration of justice and the human rights of detainees: Study on the independence and impartiality of the judiciary, .jurors and assessors and the independence of lawyers [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 1. Requests the Special Rapporteur to submit his final report to the Sub-Commission at its thirty-eighth session 22/ 1984/14 Question of the violation of human rights and fundamental freedoms: The situation in the Islamic Republic of_Iran [The Sub-Commission on Prevention of Discrimination and Protection of Minorities] 3. Decides to request the Secretary-General to bring to the attention of the Commission on Human Rights and its special representative .the information received by the Sub-Commission concerning the grave violations of human rights and fundamental freedoms in the Islamic Republic of Iran and of the action, taken, by the Sub-Commission in this matter; 4. .Requests the Secretary-General to inform the Sub-Commission, at its thirty-eighth session, of the actions of the special representative of the Commission and of the deliberations Of the Commission oh Human Rights on this matter, as well as of any consideration which may be given to it by the General Assembly or the Economic and Social Council. 22/ See annex II to the present report. E/CN.4/1985/3 E/CN.4/sub.2/1984/43 page 12 1984/15 The new international economic order and the promotion of human rights: The right to adequate food [ The Sub-Commission on Prevention of Discrlmination and Protection of Minorities,] 1. Requests the Special Rapporteur to continue his work on the above-mentioned study with a view to submitting his final report to the Sub-Commission at its thirty-eighth session; 23/ 1984/21 Question of the violation of human rights and fundamental freedoms: The right to leave any country, including one's own, and the right to return to one's own country [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 2. Requests the Special Rapporteur to continue his important work in order to present to the Sub-Commission at its thirty-eighth session for its consideration a progress report on the aforesaid matters and at its thirty-ninth session his final report, including recommendations for promoting and encouraging respect for and observance of that right; 24/ 1984/22 Question of the violation of human rights and fundamental freedoms: The penalty of amputation [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] Recommends to the Commission on Human Rights to urge Governments, which have such legislation or practices to take appropriate measures to provide for other punishment consonant with article 5. 1984/23 Question of the violation of human rights and Guatemala [The Sub-Commission on Prevention of discrimination and Protection of Minorities,] 2. Exhorts once again, the Government of Guatemala to take effective measures to ensure that all authorities and dependencies, including its security forces, observe total respect of the human rights and fundamental freedoms of its citizens; 23/ See annex II to the present report. 24/ See annex II to the present report. E/CN. 4/Sub. 2/1984/43 page 13 3 Invites, in this respect, the Government of Guatemala to clarify in an efficient manner the destiny of all those persons who have disappeared since the outset of the conflict, forbid clandestine prisons, sanction the authors of acts of torture ensure effective enforcement of the right of habeas corpus and take measures to free and provide care to imprisoned persons; 4. Calls upon all parties concerned in the conflict to ensure application of the humanitarian law applicable in this type of conflict in particular the Geneva Conventions and its Additional Protocols; 6. Urges, in consequence, the Government of Guatemala to carry out the electoral schedule and to improve the guarantees that all political forces be allowed to participate in the presidential elections to be held in July. 1985 taking appropriate measures to eliminate the climate of intimidation which preceded the elections of the National Constituent Assembly on 1 July 1984; 7. Further urges all Governments to abstain from providing arms or other kinds of military assistance as long as serious violations of human rights continue in Guatemala; 8. Invites the Special Rapporteur to take due account of the situation of the indigenous population,; as well as all reports submitted to the Sub-Commission, which it will forward to hire, and arty other relevant data furnished him. 1984/24 Question of the violation of human rights and fundamental freedoms: The situation in East Timor [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 2. Requests the Secretary-General to continue his efforts to encourage all parties' concerned, including the administering Power, to co-operate in order, to 'achieve a durable solution' taking into full consideration the interests of the v people of East Timor; 3. Requests the Indonesian authorities to facilitate without restrictions the activities of humanitarian organizations in East Timor; 4. Recommends therefore to the Commission on Human Rights to study carefully at its forty-first session the evolution of: the situation of human-rights and fundamental freedoms in East-Timor. 1984/25 The administration- of justice and the human rights of detainees: The situation in Uruguay [ The Sub-Commission on Prevention -of Discrimination and Protection of Minorities) 3 1. Appeals to the Government of Uruguay to respond positively to the concerns indicated by the Chairman of the Commission on Human Rights in his telegram dated 17 July 1984 to the Government of Uruguay and requests the Chairman of the Commission on Human Rights to pursue this matter further, taking into account the present resolution; E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 14 2. Expressed its confidence that the Government of Uruguay will continue to make efforts in conjunction with the political forces in the country to achieve the full restoration of democratic institutions, and will continue to adopt measures designed to restore the full exercise of human rights and fundamental freedoms; 3. Urges the authorities to speed up the process of setting free persons detained and/or sentenced for alleged offences against the security of the State and internal order; 4. Urges the Government of Uruguay to lift the restrictions on political rights affecting citizens and political parties, in order that truly free, democratic elections may be held; 5. Likewise urges the Government of Uruguay to set Mr. Wilson Ferreira Aldunate free once and for all and to remove any restrictions on political rights affecting him; 6. Recommends to the Commission on Human Rights to urge the Secretary-General to use his good offices with a view to verifying the information according to which the. charges against Mr. Wilson Ferreira Aldunate include that of "having made requests before specialised agencies of the United Nations", and to inform the Chairman of the Commission on Human Rights of the results of his endeavours. 1984/26 Question of the violation of human rights and fundamental freedoms: The situation in El Salvador [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 1. Recommends that, in spite of the change of Government in EI Salvador, the Commission continue to examine the human rights situation and compliance with the Geneva Conventions; 2. Requests the Special Representative' to pay particular attention to the; reports of continued and systematic bombing of the civilian population by Government forces; 3. Suggests that the Commission repeat its appeal to the parties in the conflict to resume talks without delay to seek a comprehensive negotiated political solution that will guarantee respect for human rights and fundamental freedoms; 4. Urges all States to abstain from intervening in the internal situation in El Salvador and to suspend all supplies of arms and any type of military assistance and support, so as to allow the restoration of peace and security and the establishment of a negotiating mechanism that will make for a comprehensive political solution; 5. Requests the Secretary-General to report to the Sub-Commission at its thirty-eighth session on the work of the Representative of the Commission and on the deliberations of the General Assembly and the Commission relating thereto. E/CN.4/1985/3 page 15 1984/27 The administration of justice and the human rights of detainers [The Sub-Commission on Prevention of Discrimination and Protection of Minorities] 1. Requests Mr. Leandro Despouy to prepare an explanatory paper on the ways and means in which preparation of such work can beat be achieved in the future, and to submit it to the Sub-Commission and its Working Group on Detention at it3 thirty-eighth seasion; 25/ 1984/28 Slavery and slavery like practices Mission to Mauritania [The Sub-Commission on Prevention of Discrimination and Protection of Minorities.] 3 Decides to request the expert to present his report to the Commission- on Human Sights at its forty-first session; 26/ 1384/29 Question of the violation of human rights and fundamental freedoms: The situation in Chile [The Sub-Commisaion on Prevention of Discrimination and Protection of Minorities] 1. Urges the Chilean authorities to put an end to all the measures of repression, to torture and to cruel, inhuman or degrading treatment; 2. Calls upon the Chilean authorities to identify the persons responsible for the disappearances, torture and cruel, inhuman or degrading treatment) and to punish the guilty; 3. Calls likewise upon the Chilean authorities to respect civil, political, economic, social and cultural rights, including those of the indigenous peoples, notably as regards their lands and cultural identity: 4. Recommends to the Commission on Human Rights to address an urgent appeal to the Chilean authorities to respect and promote human rights in conformity with the international instruments to which Chile is a party, and to co-operate with the (Special Rapporteur of the Commission. 25/ See annex II to the present report. 26/ See annex II to the present report. E/CN.4/1985/3 E/CN. 4/Sub.2/1984/45 page 16 1984/30 The effects__of gross violations of human rights on international peace and. security [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 4. Further requests the Secretary-General to transmit, as soon as possible, a reminder to Governments and non-governmental organisations which have not yet commented on the communication' sent to them pursuant to paragraph 4 of resolution 1983/32 of the 'Sub-Commission, to submit; if they wish to do so their comments, views and information to the Secretary-General; and to prepare a progress,. report, taking into consideration all the replies received and the comments made by the members of the Commission and the Sub-Commission at its thirty-eighth session; 1984/31 Elimination of ail forms of intolerance and discrimination based on religion or belief [The Sub-Commission on Prevention of Discrimination and Protection Of Minorities,] 1. Requests the special Rapporteur to continue her work and to submit a progress report to the Sub-Commission, at its thirty-eighth session and a final report at its thirty-ninth session; 27/: 1984/32 Question of the violation of human rights and fundamental freedoms: The situation in Sri Lanka [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] . Expresses the hope that the Government of Sri Lanka will submit information on the progress made in the investigation of the incidents and the recent efforts to promote communal harmony to the Commission on Human Rights at its forty-first session. 1984/35 Study of the problem of discrimination against indigenous populations [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 3. Decides to transmit the study to the Commission on Human Rights at its forty-first session and to draw the attention of the Commission to the conclusions, proposals and recommendations contained in document E/CN.4/Sub„2/1983/21/Add.8; 27/ See annex II to the present report. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 17 4. Requests the Special Rapporteur to present his study to the Commission on Human Rights at its forty-first session, 28/ 5. Requests the Commission on Human Right's to" transmit the study to all' States Members of the United Nations, the specialized agencies particularly the International Labour Organisation, World Health Organization, Food and Agriculture Organization of the United Nations and United-Nations: Educational, Scientific and Cultural Organization, the International Atomic Energy Agency, United Nations bodies concerned and all non-governmental organisations concerned with human rights issues, drawing their attention to its conclusions, proposals and recommendations, and requesting them to submit any comments they may wish to make to the Secretary-General for transmission to the Working Group on Indigenous Populations at its fourth session, and to the Sub-Commission at its thirty-eighth session. B Report of the Working Group on indigenous populations, [The Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 9. Reiterates its recommendations that the reports of the Working Group be made available to the Commission on Human Rights at each of its sessions, 1984/56 Encouragement of universal acceptance of human rights instruments [The_Sub-Commission on Prevention of Discrimination and Protection of Minorities,] 7 Requests the Secretary-General to hold informal discussions concerning prospects for ratification of human rights instruments, with government delegations on the occasion, for example of the sessions of the General Assembly and the Commission on Human Rights, priority being .given- .to the instruments prepared by the Commission on Human Rights such as the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the Optional Protocol, to that Covenant; the International Convention on the Elimination of All Forms of Racial Discrimination and the International Convention the Suppression and Punishment of the Crime of Apartheid; 28/ See annex II to the present report. E/CN.4/1985/3 E/CN.4/Sub,2/1904/43 page 18 1984/37 Review of the work of the Sub-Commission [The Sub-Commissipn_on Prevention of Discrimination and Protection of Minorities,] 2. Endorses the recommendations of the Working Group including the long-term plan of studies for 1985-1989 (annex II) and the core items to be kept on the agenda of the Sub-Commission (annex I); 3. Requests the Secretary-General to inform the Commission on Human Rights at its forty-first session of the activities of the Working Group on the Review of the' Work of the Sub-Commission as well as of the contents of the present resolution; 6. Recommends to the Commission on Human Rights: (a) that consideration be given to electing the expert members of the, Sub-Commission for a terra of four years, with half the members-elected each two years; (b) that consideration be also given to changing the name of the Sub-Commission, in order to describe its work more clearly, to the Sub-Commission of Experts of the Commission on Human Rights; (c) that studies prepared under the auspices of the Sub-Commission should pass whenever possible through a three-year cycle"); the first year devoted to a concise report outlining the proposed approach; the second devoted to a concise progress report and raising any. special questions; the final report being submitted in the third year and that once the study had been authorized at the outside by the Economic and Social Council it would be understood that the stages to be undergone would not normally require repeated approval by the Commission or the Economic and Social Council or by Sub-Commission resolutions; (d) that sin order to execute properly its increasing workload, services be authorized for an additional 10 meetings per session of the Sub-Commission in order : to enable sessional Working Groups to meet concurrently; 29/ (e) that the Centre for Human Rights be strengthened and facilities increased so as to enable it to provide further services to the, Sub-Commission and implement the five-year plan of work. 29/ See annex II to the present report, E/CN.4/1985/3 E/CN,4/Sub.2/1984/43 page 19 II. ORGANIZATION OF THE SESSION Opening, and duration of the session 1. The Sub-Commission on Prevention of Discrimination and Protection of Minorities held its thirty-seventh session at the United Nations Office at Geneva from 6 to 51 August 1984. 2. The session was opened on 6 August 1984 by Mr. Kurt Hemdl, Assistant Secretary-General for Human Rights, who made an introductory statement. 3. The Sub-Commission observed a minute of silence in tribute to the memory of the victims of the first atomic bomb and all other victims of the Second World war. Attendance 4: The session was attended by members of the Sub-Commission, by observers from Member States, by observers from three non-member States, by representatives of the Office of the United Nations High Commissioner for Refugees, the United Nations Development Programme and by representatives of specialized agencies, intergovernmental organisations, national liberation movements and non-governmental organisations. Details of attendance appear in annex I, 5. At its 1st meeting,-the Sub-Commission elected the following officers by acclamation; Chairman; Mr. Ivan Tosevski. Vice-Chairmens Mr. Murlidhar Chandra ant Bhandare Mr. Louis Joinet Mr. Fisseha Yimer Rapporteur: Mr. Leandro Despouy Adoption of the agenda 6. At its 1st meeting, the Sub-Commission unanimously adopted the following agenda; 1. Election of officers 2. Adoption of the agenda 3. Review of the work of the Sub-Commission 4. Review of further developments, in fields with which the Sub-Commission has been concerned 5. Elimination of racial discrimination; (a) Measures to combat racism and racial discrimination and the role of the Sub-Commission (b) Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa E/CN.4/l985/3 E/CN. 4/Sub. 2/1984/43 page 20 6. Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories (a). Report of the Sub-Commission established under Commission resolution 8 (XXIII) (b) The effects of gross violations of human rights on international peace and security 7. Communications concerning human rights! Report of the Working Group established under Sub-Commission resolution 2 (XXIV) in accordance with Economic and Social Council resolution 1503 (XLVII). 8. The administration of justice and the human rights of detainees: (a) Question of human rights of persons subjected to any form of detention and imprisonment (b) Individualization of prosecution and penalties, and repercussions of violations of human rights on families (c) Study on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers (d) Implementation of the right to derogation provided for under article 4 of the International Covenant on Civil and Political Rights and violations of human rights 9. Human Rights and scientific and technological developments 10, Study of the problem of discrimination against indigenous populations 11, The New International Economic Order and the promotion of human rights 12, Slavery and slavery-like practices: (a) Question of slavery and the slave trade in all their practices and manifestations, including the slavery-like practices of apartheid and colonialism (b) Exploitation of child labour 13. Encouragements of Universal 14. Elimination of all forms of intolerance and of discrimination based on religion or belief 15„ Promotion, protection and restoration of human rights at national, regional and international levels: (a) The status of the individual and contemporary international law (b). Draft body of principles and guidelines on the right and. responsibility of individuals, groups and organs of society to promote and protect human rights and fundamental freedoms E/CN.4/1985/3 E/CN.4/Sub.2/l984/45 page 21 (c) Other matters: Prevention of discrimination and protection of minorities 16. Consideration of the future work of the Sub-Commission, and of the draft provisional agenda for the thirty-eighth session of the Sub-Commission 17. Report of the thirty-seventh session Organization of work 7. The Sub-Commission took up the items of its agenda in the following order: l, 2, 3, .4, 15, 5, 8, 9, 11, .6, 10, 7, 15(c), 12, 14, 3, 8, 13, 9, 16, 17. . Meetings resolutions and documentation 8. The Sub-Commission held 39 meetings. The views expressed during the discussion on substantive items are summarized in the records of those meetings (E/CN.4/Sub.2/l984/SR.l-E/CU,4/Sub.2/l984/SR.39). 30/ 9. Written communications transmitted by Governments for circulation to the Sub-Commission are mentioned in the chapter on the items to which the communications refer, 10. The Sub-Commission also heard statements by the observers for the following Member States: Afghanistan (26th and. 33rd meetings); Argentina (15th meeting); Australia (31st meeting)3 Brazil (32nd meeting)% Canada (31st and 32nd meetings); Cyprus (9th, 13th and 19th meetings); El Salvador (27th and 36th meetings) German Democratic Republic (27th meeting) Germany, -Federal Republic of (15th and 39th meetings) Guatemala (17th, 25th, 32nd 35th and 39th meetings) ; India (27th meeting).; Indonesia (17th, 26th, 27th and 35th meetings); Islamic Republic of Iran (27th and 34th meetings),; Israel (5th, 9th, 11th, 25th and 33rd meetings); Japan (13th, 17th, 19th and 20th meetings); Mauritania (30th meeting) 3 Norway (31st and 32nd meetings); Pakistan (27th meeting); Philippines (26th meeting); Portugal (27th meeting); Sri Lanka (17th, 23rd, 27th, 37th ana 39th meetings); Sudan (26th meeting); Thailand (27th meeting); Turkey (17th meeting); Union of Soviet Socialist Republics (5th and 27th meetings); United Kingdom of Great Britain and Northern Ireland (19th, 27th and 35th meetings); United States of America (32nd meeting); Uruguay (15th, 17th, 27th and 36th meetings); and Viet Nam (27th meeting). 11. A statement was made by the representative of the Office of the United Nations High Commissioner for Refugees (24th meeting), 12 Statements were made by the representatives of the following specialized \ agencies: International Labour Organisation (4th and 32nd meetings); and United Nations Educational, Scientific and Cultural Organization (5th meeting), 13. A statement was made by the representative of the Organization of African Unity (13th meeting), 30/ The 28th and 29th meetings and the 38th meeting (first part) were closed. The summary records of those meetings (E/CN.4/Sub.2/l984/SR.28, SR.29 and SR.38) were issued in restricted distribution, E/CN.4/1985/3 B/CN.4/3ub.2/l984/43 page 22 14, Statements were also made by the representatives of the following national liberation movements: African National Congress (12th, 22nd and 24th meetings) Pan-Africanist Congress of Azania (9th and 22nd meetings)? and the South-West Africa People's Organization (13th meeting). 15. She Sub-Commission also heard statements by the representatives of the following non-governmental organizations: Category II All India Women's Conference (24th meeting) Amnesty International (16th and 23rd meetings) Anti-Slavery Society for the Protection of Human Rights (21st, 23rd, 30th, 31st and 32nd meetings); Baha’i International Community (9th, 13th, 20th, 23rd and 33rd meetings); Co-ordinating Board of Jewish Organisations (4th and 33rd meetings); Disabled Peoples' International (19th and 24th meetings); Four Directions Council (19th, 23rd, 31st and 33rd meetings)? Friends World Committee for Consultation (l6th meeting)? International Abolitionist Federation (31st meeting); International Association of Penal Law (4th and 19th meetings); International Commission of Jurists (l6th and 23rd meetings); International Committee of the Red Cross (19th meeting); International Council of Jewish Women (22nd meeting)? International Federation of Human Rights (17th and 24th meetings) % International Federation of Women in Legal Careers (31st meeting); International Indian Treaty Council (24th and 32nd meeting's); International-Law Association (35th meeting)? International League for Human Rights (19th, 22nd and 33rd meetings); International Movement for fraternal Union Among Races and Peoples (3rd, 9th, 13th, 17th, 23rd and 31st meetings); 'Movement Against Racism and for Friendship Among Peoples {24th meeting); Pax Christi (16th and 22nd meetings); Pax Romana (l3th, 16th and 23rd meetings)? Women's International League 'for Peace and Freedom (16th, 24th and 32nd meetings)? Women's International Zionist .Organization (33rd meeting); World Conference on Religion and- Peace (13th meeting); World Jewish Congress (4th and 33rd meetings). Roster: International League for the Rights and Liberation of Peoples (3rd 22nd and 32nd- meetings)? Minority Rights Group (13th, 24th and 31st meetings)?: Procedural Aspects of International Law Institute - international Human Rights Law Group (16th, 19th and 23rd meetings); Romani Union (27th meeting); World Association for the School as an Instrument of Peace (33rd meeting). 16. The Sub-Commission adopted resolutions 1984/1 to 1984/37 and took six decisions. The texts of these resolutions and decisions appear in chapter XVIII. 17. Statements of the administrative and programme budget implications of certain resolutions and decisions appear in annex II. 18, A list of studies under preparation drawn up in accordance with Commission resolution 1982/23 appears in annex III A draft of work (1985-1989) appears in annex IV. 19. A list of documents submitted to the Sub-Commission for consideration appears in annex V. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 25 III REVIEW OF THE WORK OF THE SUB-C0MMISSION 20. The Sub-Commission considered this item at its 5th meeting on 9 August and at its 35th and 38th meetings on 29 and 31 August 1984. It had before it the background note prepared by the Secretary-General under Sub-Commission resolution 1983/21 (E/CN.4/Sub,2/1984/2 and Add.l) and the report of the sessional working .group (E/CN.4/Sub.2/1984/3). 21. The .item was introduced by the Assistant Secretary-General for Human Eights. 22. The Chairman-Rapporteur of the Working Group , Mr. Khalifa, while, introducing the report of the Group at: the 33th meeting on 29 August 1964, said that, the Group had considered a very wide range of complex issues, relating inter alia to: the ; name and terras of reference of the Sub-Commission; its role and functions; its relationship with the commission on. Human Rights; the programming, of studies and other tasks; and the rationalization of its procedures and methods. Within, the short time available, the Working Group had considered many ideas and suggestions. It submitted in its report, as a basis for further discussion,' some ..conclusions ,and recommendations including a five-year programme of studies. 23. Several speakers stressed the need for a. thorough review of the role, functions' and methods of the Sub-Commission The hope was expressed by some members that ways and means could be found to enable the Sub-Commission to avoid being drawn into sterile political discussions, as had happened sometimes in recent sessions. 24. The conclusions and recommendations of the Working-Group, contained in paragraph 34 of its report, were generally appreciated. Several members, however, raised queries concerning the scope and meaning of some recommendations) and wishes were expressed for the addition of various proposals. 25. In particular, the opinion was expressed that some, studies might be so important as to warrant their being undertaken in priority before completion of the five-year plan. It was also felt by some members that the proposed, three-year cycle and the emphasis on conciseness, in paragraph 34/C of the Group's report, might not always be appropriate for certain studies. . 26. Some areas were suggested by members for possible new studies, including the right to life in its various aspects the relationship between religion and human rights, in all its dimensions the relationship between economic factors and human" rights, in their various aspects in particular as regards their impact on development as well as the negative impact of the arms race upon human rights, already mandated by ;the Commission. References were made to the studies already proposed in draft resolutions before, the Sub-Commission, at its current -session. 27. The issue of the name of the Sub-Commission was again mentioned, some speakers expressing preference for the term "Sub-Commission of Experts on Human Rights. Several members wished the Sub-Commission to recommend that the term of membership should be extended to four years. 28. It was agreed that recommendations, (b) and (c) of the Working Group, concerning a five-year programme of studies and a proposed three-year cycle for studies, would come into effect, if adopted, only in 1985. Some members considered that more flexibility was needed in these matters. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 24 29. It was felt by various members that the Sub-Commission should contemplate the sending of new missions, at the request of the States concerned, following the highly, commendable example of the mission to Mauritania. 30. It was suggested that the Centre for Human Rights should be strengthened -to better serve the needs of the Sub-Commission. The Secretariat might wish to make greater use of modern techniques such as word processors. 31. As regards methods of work, it was suggested, inter alia, that: emphasis be placed on punctuality of attendance; strict criteria concerning the length of interventions and the closure of lists of speakers; and that resolutions should be voted upon during, the course of the session instead of being accumulated for consideration at; the- end. 52. 0n 29 August 1984, a draft resolution (E/CN.4/Sub.2/l984/L.47) was submitted by Mr. Bossuyt and Mr. Whitaker. 33. At its 38th meeting, on 31 August 1984, the Sub-Commission considered the draft resolution, when Mr. Bossuyt introduced it. 34. At the same meeting, Mr. Alfonso Martinea, in view of the insufficient time available, proposed to postpone the vote on draft resolution E/CN.4/Sub.2/l984/L.47. The motion was rejected,' There were 10 votes in favour, 10 against and no abstentions. 35. At the same meeting, Mr. Alfonso Martinez requested a separate vote on each subparagraph of operative paragraph 6, 36. At "the' same meeting, subparagraph 6(a) was adopted by 14 votes to 3, with 4 abstentions. 37. On subparagraph 6(b), Mr. Sofinsky introduced an amendment to replace the words '"United nations Human Eights. Expert Sub-Commission" by "Sub-Commission of Experts of the Commission on Human Rights", which was adopted by 7 votes to. 5, . with 5 abstentions. Subparagraph 6(:b), as amended was adopted by 9 votes to 4, with 6 abstentions. Statements in explanation of vote after the vote, were made by Mrs. Daes, Mr. Dahak and Mr. George. 38. Subparagraph 6(c) was adopted, by 15 votes to 1, with 3 abstentions. 39. Subparagraph 6(d) was adopted, by 14 vote3 to 1, with 4 abstentions. 40. OB subparagraph 6( e). Mrs. Baes introduced an amendment to delete the word a improved and Mr. Chowdhury subsequently proposed further that "improved and should be deleted and the words "and facilities increased" be added after "strengthen". 41. The amendment to subparagraph 6(e) was adopted by 19 votes to none, with 1 abstention. 42. Subparagraph 6(e), as amended, was adopted by'17 votes to 2, with 1 abstention, 43. On behalf of the sponsors, Mr. Bossuyt revised the draft resolution by deleting subparagraphs 6(f) and 6(g). E/CN. 4/1985/3 E/CN.4/Sub.2/1984/45 page 25 44. At the same meeting a statement of the administrative and programme "budget implications was made by the Deputy Director of the Centre for Human Rights. 45, At the same meeting, draft resolution E/CN.4/Sub.2/l984/L.47 as amended, was adopted by 10 rotes to 3 with 6 abstentions. 46. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution.1984/37. 47. Statements in explanation of vote after the vote, -were made by. Mr. Alfonso-Martinez and Mr. Joinet, E/CN.4/1985/3 E/CN.4/Sub. 2/1904/43 page 26 IV. ' REVIEW OF FURTHER DEVELOPMENTS IN FIELDS WITH WHICH THE SUB-COMMISSION HAS BEEN CONCERNED 48. The Sub-Commission considered agenda item 4 at its 2nd} 3rd, 4th, 5th and 33rd meetings on 7., 8 and 38 August 1984. 49. The Sub-Commission had before it the folio-wing documents; (a) a note by the Secretary-General concerning further developments between 16 June 1983 and 15 Tune 1984 in fields with which the Sub-Commission has been concerned (E/CN.4/Sub.2/1984/4); (b) a memorandum summarizing the recent activities of the International-Labour Organisation in combating discrimination in respect .of , employment and occupation (E/CN.4/Sub.2/l984/6); (c) a memorandum summarizing the recent activities of the United Nations Educational, Scientific and Cultural Organization in combating discrimination in education and in the field of racial relations (E/CN.4/Sub.2/l984/7) ; (d) a report by the Secretary-General in accordance with resolution 1984/38 of the Commission on Human Rights (E/CN.4/Sub. 2/1984/5) 50. During its consideration of this item, the Sub-Commission received a preliminary report (E/CN.4/Sub.2/l984/40) by the Special Rapporteur, Mr. Benjamin Whitaker, concerning the revision and updating of the Study on Genocide. It should be recalled that in resolution 1982/2 adopted on 7 September 1982 at its thirty-fifth session, the Sub-Commission recommended, through the Commission on Human Rights, that the Economic and Social Council should request the Sub-Commission to appoint one of its members as Special Rapporteur with the mandate to revise, as a whole, and update the Study on the Question of the Prevention and Punishment of the Crime of Genocide (E/CN.4/Sub.2/416) talcing into consideration the views expressed by the members of the Sub-Commission and the Commission on Human Rights, as well as replies of Governments, specialized agencies and other organisations of the United Nations system, regional organisations and non-governmental organizations to a questionnaire to be prepared by the Special Rapporteur. Mindful of resolution 1982/2 of the Sub-Commission and resolution 1983/24 of the Commission, the Economic and Social Council in resolution 1983/33 of 27 May 1983 approved the recommendation. In accordance with this resolution the Sub-Commission decided at its thirty-sixth session to appoint Mr. Benjamin Whitaker as Special Rapporteur to revise as a whole and update the Study. 51. Agenda item 4 was introduced by the Assistant Secretary-General for Human Rights. 52. With regard to further developments, several members expressed satisfaction at the return to democracy in Argentina. It was recalled that the Commission and Sub-Commission had been directly concerned with the problem. By establishing a Working Group on Involuntary and Forced Disappearances, the United Nations had played a decisive role and thereby contributed to the restoration of human rights in Argentina. 53. During the discussion reference was made to the status of international instruments and some members deplored the fact that many countries had not yet ratified some international instruments dealing with human rights or had not acceded to them. In this connection, it was suggested that United Nations organizations should make concerted efforts to persuade all Governments that had not yet done so to ratify or accede to these instruments, E/CN.4/1985/3 E/CN.4/SUB.2/1984/43 Page 27 54. With regard to the memorandum summarizing ILO activities in combating discrimination in respect of employment and occupation, some speakers expressed the 'desire to receive; much fuller information in future on ILO activities, particularly in regard to freedom of association and trade union rights and apartheid, as well as other information that might be of interest to the Sub-Commission with regard to the exploitation of child labour and slavery. In the case of UNESCO, the Sub-Commission did not have time to consider the memorandum on its recent activities, which had been submitted somewhat late. 55. During the discussion on this point, the Special Rapporteur, Mr. Benjamin' Whitaker, presented a preliminary; report on the revised version and updating of the Study on the Question of the- Prevention and Punishment of the Crime of Genocide (E/CN.4/Sub.2/1964/40).; He drew attention to the unsatisfactory number of replies from Governments and interested organisations." He suggested that it would perhaps be desirable "to submit the revised and updated version to the next session of the Sub-Commission in 1985 and to the Commission- on Human Eights at its forty-second session in 1986 so that he could take replies to the questionnaire into consideration. He commended the report by his predecessor, Mr Ruhashyankiko, and said that a revised and updated version of the" study of genocide -was needed because of various omissions from the preceding report due to political-pressures, particularly in regard to the historical survey included in the study and the question of the Armenians. He mentioned that the concept of genocide had been broadened after the Second World War and that such notions as cultural genocide, genocide by neglect and death by famine or poverty might constitute violations of human rights and should be considered. He suggested that it was now necessary to establish an early warning system to forestall the crime of genocide wherever it might occur. He regretted that the enthusiasm and joint will to act which had characterized .the Establishment' of the Nurnberg Tribunal had disappeared. 56. During the discussion on this question many speakers congratulated the. Special Rapporteur on his preliminary report. Several of them said that genocide was not simply a phenomenon of the "past. It was a "crime that was still being committed in our day. They expressed the view that the notion of genocide should be broadened to take into account all" the situations that should be included. It" was necessary, they said, to go beyond the list of acts enumerated in article 2 of the Convention on the Prevention and Punishment of the crime of Genocide, bearing in mind the Various types of measures in. the political and cultural field which had resulted in the destruction of .national, ethnic1 or religious groups. Reference was made to the practice of' apartheid 'in-'southern Africa and to indigenous , population groups, many of which were the silent and unknown victims of genocide. various participants suggested that the concept of "ecocide" should be included in the definition of genocide for the systematic destruction of the environment might in their view result in genocide; whether deliberate or not. It was pointed out that the question of propaganda in favour of genocide and efforts to glorify nazism and fascism' with a view to minimizing the acts committed by the Nazis should be examined in the revised study. However a number of speakers-thought that a distinction should be marie between massacres and genocide and that a simple broadening of the definition would not suffice. The Special Rapporteur should ensure that the notion was not distorted in such a way as to make it meaningless. Several speakers pointed out that it was necessary to': prevent the crime of.'" genocide E/CN,4/1985/3 E/CN.4/Sub.2/1984/43 page 28 57. Emphasizing the principle of the independence of Special Rapporteurs, several speakers considered that historical data should be provided, history being an essential dimension of. studies of any phenomenon. This was particularly necessary in the case of the international crime of genocide. It was essential, therefore, that in a report by the United Nations on a subject of this kind the question of the Armenians should be explicitly mentioned. 58. With regard to the question of international criminal jurisdiction and the courts competent to try crimes of genocide, several participants stressed the need for realism and doubted whether such a court could be established in the near future, in view of the fact that Governments, which were frequently .those responsible for genocide committed against their own people, would hesitate to create such a court or to accept its jurisdiction, In this context it was suggested that the question. should be examined in, the light :of the 'work of the .. International Law Commission on a draft code: of crimes against the peace and security of mankind. In the absence of an international criminal court, it was suggested that consideration should be given to the possibility of setting up an. international body with authority to investigate allegations of genocide wherever-they were made. 59. Several speakers rejected the idea that a person guilty of a crime against. humanity could exculpate himself by claiming that he was acting in accordance with the law or on the orders of his superiors. 60. In reply to the comments made, the Special Rapporteur said that his questionnaire had been deliberately written in general terms in order not to limit the scope of government replies. In view of the few replies received to the questionnaire, he suggested that members of the Sub-Commission should make an approach to their Governments to secure: early replies. In conclusion he said that in updating the study he proposed to concentrate on the .initial and final parts of the Study contained in document E/CN.4/Sub,2/4l6. 61. .At its 3rd meeting on 7 August 1984, .the Sub-Commission heard a statement by the representative of the International League for the Eights and Liberation of Peoples, a; non-governmental organisation. At its 4th meeting, on.8 August;1984 the Sub-Commission, also heard the comments of. the International Labour Organisation (lLO).and. :the following non-governmental organisations: the World Jewish Congress, the Co-ordinating Board of Jewish Organizations, the International Association of Penal Law, and the International Movement for Fraternal Union among Races and Peoples. At its 6th.meeting, the ;Sub-Commission heard the representative of the. United Nations Educational .Scientific and Cultural Organisation (UNESCO) as well as the observers for Israel and the Union of Soviet Socialist Republics. 62. On 14 August 1984, a draft resolution (E/CN.4/Sub.2/l984/L.l) was submitted by Mr. Bhandare Mr, Bossuyt Daes, Mr. Deschenes., Mr. Despouy, Mr. George, Mrs. Gu Yijie, Mr. Joinet, Mr. Khalifa, Mr. Martines Baes, Mr. Mubariga-Chipoya, Mr. Simpson, Mr.. Takemoto, Mr. Valdez Baquero and Mr. Yimer. 63. At the 33rd meeting, on 28 August 1984, the draft resolution was introduced by Mr. Bossuyt. 64. At the same meeting, a statement of the administrative and programme budget implications of the draft resolution was made by the Destiny Director of the Centre for Human Rights. 65. At the same meeting, the Sub-Commission adopted the resolution without a vote. 66. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/1. E/CN. 4/1985/3 E/CN.4/SUB.2/1984/43 PAGE 29 T. ELIMINATION OF RACIAL DISCRIMINATION A. MEASURES TO COMBAT RACISM AND RACIAL DISCRIMINATION AND THE ROLE OF THE SUB-COMMISSION. E. ADVERSE CONSEQUENCES FOR THE ENJOYMENT OF HUMAN RIGHTS OP POLITICAL, MILITARY, ECONOMIC AND OTHER FORMS OF ASSISTANCE GIVEN TO THE RACIST AND COLONIALIST REGIME OF SOUTH AFRICA (a) Measures to combat racism and racial discrimination and the role of the Sub-Commission 67. The Sub-Commission considered item 5 (a) together with item 5 (b) at its 9th to 14th meetings held on 10, 13, 14 and 15 August and at its 33rd meeting held on 20 August 1984 Under this item, the Sub-Commission also reviewed the implementation of programmes envisaged under the Second Decade for Action to Combat Racism and Racial Discrimination proclaimed in 1983 by the General Assembly in its resolution 39/14. In this connection, the draft plan of activities for the period 1985-1989 was made available to the members of the Sub-Commission (A/39/167-E/1984/33). 68. The item was introduced by the Assistant Secretary-General for Human. Rights who drew attention to the concrete plan of activities for the period 1985-1989 proposed by the Secretary-General in implementation of the programme of work decided upon by the Second World Conference to Combat Racism and Racial Discrimination and endorsed by the General Assembly (E/1984/33). The plan of activities was based on a thematic approach for the consideration of issues, that is to say, that each year a specific activity might be selected and studied in depth. 69. . In the general discussions, all speakers condemned the phenomena of racism, racial discrimination and apartheid. The view was expressed that the policy of egarthied, which was exemplified by the so-called homeland policy leading to the eviction of the black population from their lands, pursued by the South African Government, was a crime comparable to genocide. Reference was made to the recent parliamentary reforms initiated by the South African Government. It was felt that those reforms, however, would be detrimental to the ultimate eradication of racial discrimination and apartheid, and would instead entrench the apartheid system more severely in South African society. 70. The Sub-Commission welcomed the results of the Second World Conference to Combat Racism and Racial Discrimination, held in Geneva, in August 1983. The Declaration and the programme of Action adopted at the end of the Conference was hailed as an important step towards the total eradication of all forms of racism and racial discrimination. 71. Recognising the fact that the goals and objectives of the first Decade had not yet been achieved, many experts consequently supported the proclamation, of the Second Decade to Combat Racism and Racial Discrimination by the General Assembly. in 1983. 72. One expert wondered why a year had lapsed since the Second World Conference without, in his view any practical action being taken. He suggested that members of the Sub-Commission should contact their administrative authorities on return- to their own countries to ensure that delegations to the forthcoming session of the General Assembly would be in a position to decide on practical steps. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 30 73. Many members of the Sub-Commission, noting that the Economic and Social Council had approved toe Sub-Commission's recommendation, expressed the hope that the study entrusted to Mr. Eide on the achievements made and obstaoies encountered during the first Decade, with special emphasis on progress in this field, if any, between the first and Second World Conference, would bring tangible results, 74. The position was taken that implementation of the relevant United Nations resolutions and wider ratification of the International Convention on the Elimination of All Forms of Racial Discriminations, including the Convention on the Elimination of All Forms of Racial Discrimination against Women and the' International Convention on the Suppression and Punishment of the Crime of Apartheid could ultimately contribute to the total eradication of racism and racial discrimination. 75. Various experts advocated that mandatory economic sanctions should be imposed under the Charter of the United Nations against South Africa, 76. A number of experts suggested concrete measures to be undertaken during the Second Decade in education and training, for example the compilation of a consolidated volume on national laws regarding the prevention of racial discrimination5 training courses for legislative draftsmen .and the preparation of teaching materials by UNESCO. The Department of Public Information would play a pivotal role in the dissemination of ideas, studies, and in the observance of an international day against racial discrimination. 77. Statements were made by representatives of the Organ ration of African Unity (OAU), the following national liberation movements: the African National Congress and the South West Africa People's Organization (SWAFO) and the following non-governmental organisations: Baha'i International Community, the International Movement for Fraternal Union among Races and Peoples, Pax Romana, the World Conference on Religion and Peace and the Minority Rights Group. 78. The observer for Japan made a statement. 79. On 22 August 1984, a. draft resolution (E/CN.4/Sub.2/l984/L.7) was submitted by , Mr. Mazilu Mr. Mubanga-Chipoya, Mr. .Simpson and Mr-„ Timer, 80. At the 33rd meeting on 28 August 1984, Mr. Joinet also became a sponsor of the draft resolution, which was introduced at the same meeting by Mr. Mubanga-Chipoya, Mr. Alfonso Martinez made an oral proposal that, in operative paragraph 1, the words "education, teaching, training, the dissemination of information should be added, after the word "concerning". 81 Mr-Alfonso Martine proposed that in operating paragraph 4 the world to eradicate such organisations" should be replaced by the words "against all racist activities of such organisations". 82. Mr. Uoinet proposed that, in operative paragraph 1, the words the implementation of should be replaced by the words "taking into consideration", He also proposed that, in operative paragraph 2, the words "and nationality" should be replaced by the words "or references liable to provoke xenophobic reactions". 83. Mr. Joinet proposed that, in operative paragraph 4, the words "to eradicate such organizations" should be replaced by the words "to put an end to the racist activities of such organizations", he then agreed to the wording proposed by Mr, Alfonso Martinez, E/CN.4/Sub.2/1984/43 page 31 84. Mr. Alfonso Martfhez and Mr; Carey proposed that, in operative paragraph 4, the word "legal" should be added after the words "vigorous and effective", 85. At the request of Mr, Carey, the Sub-Commission first took a separate vote on operative paragraph 1 of the draft resolution. The paragraph was adopted by 18 votes to none, with 3 abstentions. At the same meeting, the draft resolution,, as amended, was adopted without a vote. 86, The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/5. (b) Adverse consequences for the enjoyment of -human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa 87. The Sub-Commission considered agenda item 5 (b), together with item 5 (a) at its 9th to 14th meetings, and at its 33rd meeting held on 10, 13, 14, 15 and 28 August 1984. 88. The Sub-Commission had before it a**report by the Special Rapporteur, Mr. Khalifa (E/CN.4/Sub,2/1984/8 and Add.1-2) which contained an updated comprehensive list of banks, insurance companies, firms and other organizations assisting , "South Africa, either directly or indirectly, through assistance to the illegal regime of Namibia. Mere detailed information and comments; on the type and extent of assistance given to the racist regime by entities mentioned in the comprehensive list were also provided. 89. At the 9th meeting, the item was introduced by the Assistant Secretary-General for Human Rights, 90. At the 10th meeting, the Special Rapporteur explained, in. introducing his report, the link between his present report and the previous- reports he had submitted to the Sub-Commission. He stated that same States had extremely -lucrative interests in bolstering the South African regime. The reason behind apartheid, putting aside strategy considerations, in his view, was mainly the need for cheap labour, and keeping it cheap, Far from being that of an alleged democracy, the situation in South Africa-was one of a tyrant minority and a subdued majority. The so-called Constitutional reforms were, therefore, empty gimmicks. It was his view that "constructive engagement" contributed to making apartheid more repressive while millions of black South Africans continued to be shipped out of the fake States called bantustans. He referred to the fact that South Africa was also stretching its clutching claws by terrorist acts towards its neighbours, Mozambique and Angola, to impose unequal agreements on them. It was the view of the Special -Rapporteur that the list annexed to his reports and its publication constituted an effective tool which acted as. a deterrent. He drew attention to the need in-preparing his list, to initiate, direct contacts in order to strengthen co-ordination with all the United Nations bodies dealing with relevant issues, in particular the United Nations Centre on Transnational Corporations and the' Centre against Apartheid of the Secretariat. He expressed the wish to receive from all sources any information which would assist him in updating his list so that it could be as complete as possible. 91. In the general debate, all speakers expressed their appreciation of the valuable work accomplished by the Special Rapporteur. Most speakers strongly condemned racism, racial discrimination and particularly the policy of apartheid, E/CN.4/1985/3 E/CN.4/sub. 2/1934/43 page 32 Most speakers felt that the policy of "constructive engagement" with South Africa helped to entrench the apartheid system more securely. They felt that South Africa was .forcing its weaker neighbours Into unequal agreements and pointed out that some European countries had extended a welcome to the South African Prime Minister, ' These were dangerous trends which would srode gains so far made in the .struggle against apartheid, 92. Most speakers, criticized companies which continued to do business with South Africa In this connection, one speaker observed that certain Governments, while insisting that they could not prevent private enterprises from doing business with South Africa, managed however to pass rules to enforce embargoes on trade and business by private enterprises with"- certain other countries 93. It was the view of one speaker that withdrawal from south Africa in protest against apartheid would reduce the influence of opposition to apartheid within South Africa, The speaker suggested that the United Nations, in listing foreign companies doing business in South Africa, should ask questions of them, such as whether they recognized black trade unions. Questions should also be asked of others to evaluate how companies could treaken and eliminate apartheid or at least improve conditions for the victims of apartheid. 94. It. was stated that disseminating the report through publication and publicity would enhance the impact of the report in arousing public opinion and promoting further action against apartheid. Some speakers also stressed the importance of bringing the report to the attention of firms involved in dealings with South Africa* Those firms? it was suggested, should be warned about possible sanctions, including : their exclusion from business, which might be available within the United Nations system. 95. Many speakers agreed that it was important that the Special Rapporteur should intensify his contacts with the United Nations Centre on Transnational Corporations and the Centre against Apartheid of the Secretariat. It was also said that resources should be .made available for completing the updated report. Some members pointed out that, in addition to private firms,' the updated report should also cover State or public corporations and firms, 96. It was suggested that consideration, should be given to including an evaluation of adverse consequences of trade with South Africa in the next report of the Special Rapporteur, , 97. There was general agreement that the report should be given the widest ; possible circulation and publicity since the continuing existence of apartheid was an affront to the community and the Unaited Nations 98. Statements were made by the observers for Israel (11th meeting) and Cyprus (13th meeting). Statements, were also made by the representatives of the Organisation of African Unity (13th meeting) and the following rational liberation movements: African National" Congress; ("12th meeting), SWAPO (13th meeting). The following non-governmental' organizations also made statements:-' Baha'i "International, International Movement for Fraternal Union among Races and Peoples, Pax Romana, Vorl4 Conference on Religion and Peace and Minority Rights Group (13th meeting). 99. At the 14th meeting, in his concluding remarks, the Special Rapporteur expressed his gratitude, for the support given to him, and for the various suggestions made by members" and observers. He said that those suggestions would be taken into consideration in his updating of future reports. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 33. 100. On 21 August 1984 a draft resolution (E/CN.4/Sub.2-/l9S4/L.4) was submitted by Mr. Al Khasawneh, Mr. Alfonso Martines, Mr, Bhandare, Mr. Chowdhury, Mr. Dabak, Mr. George, Mr. Joinet, Mr, Martinez Baes,- Mr. Mubanga-Chipoya and Mr. Simpson. 101. The draft resolution was introduced by Mr. •Chowdhury at the 33rd meeting on 28 August. 102. Mr. Roche requested a separate vote on operative paragraph 2. .'[The., paragraph was adopted by 18 votes to none, with 2 abstentions 103. A statement on the administrative and programme; .budget implications was made by the Deputy Director of the Centre for Human Rights. 104. Mr. Roche then requested a vote on the draft .resolution, as a whale. The draft resolution was adopted by 19 votes to none, with 1 abstention. 105. The text .of the resolution, as adopted, appears, in chapter XVIII, section A, as resolution 1984/4. 106. On 21 August 1984 a draft decision was submitted by Mr. Roche and Mr. Whitaker (E/CN.4/Sub.2/1984/L.5). At the 33rd meeting on; 28 August 1984 the draft decision was introduced by Mr. Roche. 107. An amendment was proposed by Mr. Alfonso Martinez to add the following subparagraph (c): (c) To consider making use of available information in regard to: (i) Figures for the annual profits of such ;companies: derived from their, activities in South Africa and Namibia, if: possible for the past five years; (ii) Comparative figures for the annual profits of such companies derived from their activities in South Africa and Namibia: in relation to their annual; profits derived from similar activities in other countries or in relation to annual profits from other subsidiaries of the same parent company derived from activities carried out in other countries 108. The draft decision, as amended, was rejected by 18 votes to 2, with 2 abstentions. E/CN, 4/1985/3 E/CN.4/Sub.2/1984/43 page 34 VI. QUESTION OF THE VIOLATION. OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, INCLUDING POLICIES OF RACIAL DISCRIMINATION AND SEGREGATION AND OF APARTHEID, IN ALL COUNTRIES', WITHPARTICULAR REFERENCE. TO COLONIAL ' AND OTHER DEPENDENT COUNTRIES AND TERRITORIES: A. REPORT OF THE SUB-COMMISSION ESTABLISHED UNDER COMMISSION; RESOLUTION 8 (XXIII); B. THE EFFECTS OF GROSS VIOLATIONS OF HUMAN RIGHTS ON INTERNATIONAL PEACE AND SECURITY (a) Report of the Sub-Commission established under Commission resolution 8-(XXIII) 109. The Sub Commission considered item 6 of its agenda at its 20th, 21st, 22nd, 23rd, 24th, 25th, 26th, 27th, 34th, 35th, 36th and 37th meetings, held on 20, 21,'22,'23, 29 and 30 August 1984 110. The Sub-Commission had before it the following documents in connection with its consideration of the items: A report of the Secretary-General submitted pursuant to Sub-Commission, resolutions'1982/1 and 1983/15 concerning disabled persons which contained replies received from Governments, United Nations bodies, specialized agencies and non-governmental organizations (E/CN.4/Sub .2/1984/9); An addendum thereto containing a communication received from the United Nations High Commissioner for Refugees (E/CN.4/Sub.2/1984/9/Add.l); A preliminary report prepared by Mr. Mubanga-Chipoya entitled "Analysis of the current -trend's, and developments regarding the right to leave any country including one's own, and the right to return to one's own country, and some other rights or considerations, arising therefrom" (E/CN.4/Sub.2/1984/10); A note by the Secretary-General; submitted pursuant to Criamission on Human Rights resolution 1984/11 which concerned reports, studies and publications prepared by the Division for Palestinian Rights (E/CN.4/Sub.2/1984/35); A note by the Secretary-General submitted pursuant to Sub-Commission resolution 1983/18 concerning the situation of human rights in El Salvador (E/CN,4/sub.2/i984/36); A letter dated 5 July 1984 from the Permanent Representative of the Socialist Republic of Viet Nam to the United Nations Office at Geneva addressed to the Assistant Secretary-General for Human Rights (E/CN.4/Sub,2/1984/41); A letter dated 6 August 1984 from the Permanent Representative of Democratic Kampuchea to the United Nations Office at Geneva, addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1984/42). 111. During the debate a number of members of the Sub-Commission, as well as the other speakers referred to the policy of apartheid. Several speakers stated that the so-called "constitutional reform" recently introduced in South Africa and the eviction and forced resettlement of the black population by the Government were in fact intended to perpetuate racial segregation. Some members mentioned the prolonged detention of Mr. Nelson Mandela and Mr. Abel Dube. E/CN.4/Sub.2/1984/455 page 35 112. Several members referred to gross violations of human rights in the territories occupied by Israel in Palestine and Lebanon. 113. A number of speakers referred to specific human rights situations, including the situation in East Timor, the situation of Tamil minorities in Sri Lanka, the execution and imprisonment of Baha'i adherents and others in the Islamic Republic of Iran, the situation of the Kurds in Turkey, the Jewish minority in the Syrian Arab Republic, the situation of Ahmadiyya 'Muslims in'; Pakistan, the bombardment of the civil population in Afghanistan the Situation in the Philippines, piracy of refugees in South-East Asia",-the situation in Democratic Kampuchea, the situation of the refugees in Papua Mew Guinea, amputations in the Sudan, the situation of the nomads in Kenya, mass killings in Uganda, the situation in Equatorial Guinea, poverty and famine in the- Sahel the right to self-determination of the people of Grenada, the situation of civilian victims in El Salvador, the situation of the indigenous people in Guatemala, the intervention of external forces in Nicaragua, the continuous state of emergency in Paraguay, the situation in Guyana, the action of United Kingdom authorities in Northern Ireland, the situation of writers in the German Democratic Republic, the situation of political prisoners and Jewry in the Union of Soviet Socialist Republics and the human rights situation in Cyprus. 114. Several speakers referred to cases involving specific individuals such as the case of Mr. Wilson Ferreira who is detained in Uruguay, the case of Dr. Andrei Sakharov of the Union of Soviet Socialist Republics, and the case of Leonard Peltier in the United States. 115. Members expressed different views on the situations and cases mentioned, in particular on the situation in Sri-Lanka arid the case of Dr. Sakharov. 116. Regarding the amputations in the Sudan, some members referred to the principles of the Islamic legal system. 117. At the 21st meeting, one member made suggestions for establishing a United Nations mediation service and a machinery to intervene in urgent cases of human rights violations without delay. Two Government observers were questioned by Sub-Commission members. It was also stated that the Sub-Commission should be able to question both observers for Governments and representatives of non-governmental organizations for the purpose of clarifying complementary information. 118. During the debate two procedural questions were raised by members of the Sub-Commission. One was raised at the 25th and 26th meetings concerning a statement by an observer for a Government, who referred to a country other than his own. Another was raised at the 26th and 27th meetings regarding a question posed by a member to an observer for a Government. Some-members questioned whether members could "cross-examine" observers 'for Governments. -Some others stated that posing * questions for clarification should not be considered as a "cross-examination". 119. The Sub-Commission heard statements by observers for the following Member States: Afghanistan (26th meeting); El Salvador (27th meeting); German Democratic Republic (27th meeting); Guatemala (25th meeting); India (27th'meetihg); ' Indonesia (26th and 27th meetings); Islamic Republic of Iran (27th meeting); Israel (25th meeting); Pakistan (27th meeting); Philippines ": (26th meeting); Portugal (27th meeting); Sri Lanka (23rd and 27th meetings); Sudan (26th meeting); Thailand (27th meeting); United Kingdom of Great Britain and Northern Ireland (27th meeting); Uruguay (27th meeting); Union of Soviet1 ' Socialist Republics (27th meeting); Viet Nam (27th meeting). 120. The Sub-Commission heard statements by the representatives of the African National Congress (22nd and 24th meetings) and the Pan Africanist Congress of Azania (22nd meeting). E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 36 121. The Sub-Commission heard statements by the representatives of the following non-governmental organizations: All-India Women's Conference (24th meeting); Amnesty International (23rd meeting); Anti-Slavery Society for the Protection of Human Sights--(23rd meeting); Baha'i International Community {23rd meeting); Disabled People's International (24th meeting)-; Four Directions. Council (23rd meeting); International Commission of Jurists (23rd meeting); International Council of Jewish-Women (22nd meeting);International Federation of Human Rights (24th meeting); International Indian Treaty Council- (24tivmeeting); International League for Human Rights (22nd meeting); International Movement for Fraternal Union Among Races' and Peoples (23rd meeting); Pax Christi (22nd meeting); Pax Romana (23rd meeting); Women's International League for Peace and Freedom:{24th meeting); International League for the Rights and Liberation of Peoples (22nd meeting); Minority Rights Group (24th meeting); Movement Against Racism and for Friendship Among Peoples (24th meeting); Procedural Aspects of International:-.Law--Institute -International Human Rights' Law Group (23rd meeting); Romani Union (27th meeting). 122 At its 24tn meeting the Sub-Commission heard a statement made by the Representative of the Office of the United Nations High Commissioner for Refugees. 123. On 22 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L.6) was submitted by Mr. Al 'Khasawrieh' and Mr. Whitaker. 124. The Sub-Commission considered the draft resolution,; .at its. 33rd meeting, on 28 August 1984, when it was introduced by Mr. Al Khasawneh. Mr. Joinet proposed an amendment to operative paragraph 1 as follows: "1. Requests the-Commission on;-Human Rights urgently to call on the authorities in Afghanistan to put an end to the bombardment of the civilian population' 125. At the same meeting, the draft resolution as amended by Mr. Joinet was adopted By 13 votes to 4, with 2 abstentions. 126. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/6 127. On 24 August 1984, a draft resolution (E/CN.4/Sub.2/l984/L-l8) was submitted by Mr. Bossuyt, Mrs. Daes, Mr. Deschenes, Mr. George, Mr. Martinez Baez, Mr. Mutiang-Chipoy,Mr.Rochs,Mr. Simpson, Mr. Uribe Protocarre ro MR. Valdez Baquero and Mr. Whitaker. 128. The Sub-Commission considered the draft resolution, at its 34th meeting, on 29 August 1984, when it was introduced by Mr. Bossuyt. It was stated that Mr. Simpson had requested his name to be withdrawn from the list of sponsors. 129. The observer for the Islamic Republic of Iran rejected the draft resolution since no evidence had been prddueed to prove the allegations as stated in the draft resolution. 130. At the same meeting, the draft resolution' was adopted by 14 votes to,1, with 6 abstentions’ 131. Statements in explanation of vote after the vote were made by two members of the Sub-Commission 132. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/14. E/CN.4/1985/3 E/CN.4/Sub.2/1984/4-5 Page 37 133 On 27 August 1984 a draft resolution (E/CN.4/Sub.2/1984/L.26) was submitted by Mr. Bossuyt, Mr. Deschenes, Mr. George, Mr. Martinez Baez, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr. Roche, Mr. Simpson, Mr. Whitaker and Mr. Yiraer. At the 34th meeting, on 29 August 1984, Mr. Mubanga Chipoya introduced the draft resolution. 134. The Sub-Commission considered the draft resolution at its 34th and 35th meetings, on' 29 August 1984. Mr. George, Mr. Mazilu and Mr. Martinez Baez requested their names to be withdrawn from the list of, sponsors. 135. At the; 35th meeting, on 29 August 1984, Mr. Mubanga-Chipoya introduced an amendment to the, draft resolution, The text of the amended draft resolution read as follows: -: . ..«,:.'.; $ The Sub-Commission on prevention of Discrimination and Protection, of Minorities, Noting the existence in various countries of legislations or practices providing for the penalty of amputation, Recalling Article 5 of the Universal Declaration of Human Rights, Recommends to the Commission on Human Rights to urge the Governments which had such legislations or practices to take appropriate measures to provide for other punishment consonant, with the Universal. Declaration of Human Rights. 136. At the same meeting, a question was raised on whether the amendment to the, original draft resolution was an amendment or a new proposal. The Sub-Commission decided, by 13 votes to 6, with 5 abstentions, that it was amendment. 137. At the same meeting, Mr.Bossuyt requested his name ,to be withdrawn from the list of sponsors. 138. At the same meeting, the draft resolution, as amended, was adopted by 10 votes to 5, with 9 abstentions. 139. The text of the resolution as adopted appears in chapter XVIII, section A, as resolution 1984/22. 140. On 27 August 1984, a draft resolution '*(E/CN.4/Sub.2/1984/L.27) was submitted by Mr. Alfonso Martinez, Mr. Joinet, Mr. Martinez Baez, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr. Roche, .Mr. Simpson, Mr. Sofinsky and Mr.. Takemoto, Mr. Roche and Mr. Sofinsky requested that their names be withdrawn from the list of sponsors. 141. The Sub-Commission, considered the draft resolution, at its 35th meeting, on 29 August 1984. The Chairman ruled that the ,Sub Commission dispense with the introduction of the draft resolution. Mr.' Despouy" proposed amendments to the draft resolution which read as follows: (a) A new fourth preambular paragraph: "Taking note of the elections which took place on 1 July 1984 and of the electoral schedule for the coming year"; E/CN. 4/1985/3 E/CN . 4/Sub. 2/1984/43 page 38 (b) A new operative paragraph 6: "Urges, in consequence, the Government of Guatemala to carry out. the electoral schedule and to establish, real guarantees that all political -forces be allowed to partiocipate in the presidential elections to be ? held in July 1985 taking appropriate measures to eliminate the climate of terror and repression which preceded the elections of the National Constituent Assembly on 1 July, 1984. At the same meeting, Mr. Alfonso Ma proposed an amendment to the second amendment proposed by Mr. Despouy, which read as follows: Urges in consequence, the Government of Guatemala to carry out the electoral schedule and to improve the guarantees that ail political forces be allowed to participate in the presidential elections to be held in July 1985 taking appropriate measures .to eliminate the climate of intimidation which preceded the' elections of the National Constituent Assembly only July 1984 142. Both amendments were accepted by the sponors of the draft resolution. 143. At the same meeting, the observer for Guatemala rejected the draft resolution, as amended since it was partial and inconsistent with the reality .in Guatemala. 144. At the same meeting, the draft resolution as amended, was adopted without a '. 145. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/23. 146. On 28 August 1984 a draft resolution :(E/CN.4/Sub.27l984/L.33) was .submitted by Mrs. Daes, Mr. Deschenes Mr. Joinet Mr. Mubanga-Chipoya, Mr. Roche, Mr. Simpson, Mr. Valdez Baquero and Mr. Whitaker, 147. The Sub-Commission considered the draft resolution at its 35th meeting on 29 August 1984, when it was introduced by Mr, Joinet. Mr, Mubanga-Chipoya, Mr. Roche and Mr. Simpson requested their names be withdrawn from the list of sponsors of the draft resolution. 148. At, the same meeting, the .observer for, Indonesia stated that operative paragraph 3 of the draft resolution did not conform to the facts. 149. At the same meeting, the draft resolution was adopted by 8 votes to 1 with 11 abstentions 150. The text of the resolution appears in chapter .XVIII. section A, as resolution 1934/24. 151. 0n,;28, August 1984,. a draft .resolution (E/CN4/Sub.2/1984/L.30) .was submitted by Mr. Despouy Mrs. Gu Yijie, Mr. Joinet, Mr. Khalifa, Mr. Martinez Baez 152. Mr. Mubanga Chipoya, Mr. Simpson, Mr. Uribe Portocarrero, Mr. Whitaker and Mr Yimer. E/CN.4/Sub.2/1984/43 152. The. Sub-Commission considered the draft resolution, at it3 36th meeting, on 30 August' 1984. The observer for El Salvador stated that the draft resolution was a political and partial document. Mr. Despouy proposed the deletion' of the words and by failing to respect the life of the wounded and prisoners of war from the fourth preambular paragraph of the draft, resolution. The amendment was adopted, by 10 votes to 4, with 5 abstentions. Mr. Deschenes proposed the deletion of the words "to El Salvador" from' the fifth preambular paragraph of the draft resolution. This amendment was adopted, by 11 votes to 6, with 4 abstentions. 153. At the same meeting, the draft resolution, as amended, was adopted by 14 votes to 1, with 7 abstentions. 154 Statements in explanation of vote after the vote were made by Mr. Alfonso, Martinez, Mrs. Daes, Mr. Martinez Baez and Mr. Chowdbury. 155- The text/of the resolution; as adopted, appears in chapter XVIII, section A, as resolution 1984/26, 156. On 28 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L.37) was submitted by Mr. .Alfonso. Martinez, Mr. Bossuyt, Mr, Joinet, Mr. Martinez Baez, Mr. Mubanga-Chipoya and Mr. Timer. 157. The Sub-Commission considered the draft resolution at its 36th meeting, on 30 August 1984. 158. At the same meeting, the draft resolution was adopted without a vote. 159. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution, 1984/29. 160. On 28 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L,38) was submitted by Mr. Bossuyt Mr. Despouy, Mr. Joined, Mr. Roche, Mr. Uribe Portocarrero and Mr. Valdez Baquero. 161. The Sub-Commission considered the draft resolution at its 36th and. 37th meetings, on. 30 August 1984 At the 36th meeting, Mr. Joinet introduced the draft resolution. 162. At the same meeting, Mr. Roche requested his name to be withdrawn from the list of its sponsors. 163. At the 37th meeting, the observer for Sri Lanka made a statement appealing, to the Sub-Commission not to adopt the draft resolution since it could be misconstrued. 164. At the same meeting, Mr. Bossuyt proposed the deletion of the words and control over the security forces from the second preambular paragraph. Mr. Deschenes proposed the deletion of the, world the violence in Sri-Lanka, including information on from the operative paragraph. Both amendments were, accepted by the sponsors. 165. At the 37th meeting, on;30 August 1984. the draft resolution, as amended, was adopted by 11 votes to 3, with 6 abstentions. 166. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/32. page 40 167. On -29 August 1984 a draft resolution (E/CN.4/Sub.2/1984/L.40) was submitted by Mr. Alfonso Martinez; Mr George, Mr. Despouy, Mr. Joinet, Mr. Khalifa, Mr. Martinez Baes, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr. Simpson and Mr. Yimer. 168, The Sub-Commission- considered the draft resolution at its 37th meeting on 30 August 1984 Mr. Whitakery Mr. Chowdhury and Mr. Sofinsky requested that their names be added to the list of sponsors. 169. At the 37th meeting, the draft resolution was adopted, by 16 votes to none, with 2 abstentions. 170. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/34. Analysis of the currant trends and developments regarding the right to leave any country including one's own, and the right to return to one's own country, and some other rights or considerations arising therefrom 171,; The Sub-Commission considered item 6 (a) of. its agenda at its 20th 21st, 22nd, 23rd, 24th, 25th, 26th and 27th meetings held on 20, 21, 22 and 23 August and at its 34th meeting held on 29 August. 172. The Sub-Committee had before it a preliminary report prepared by Mr. Mubanga-Chipoya, Special Rapporteur (E/CN4/Sub.2/1984/10) and a document submitted by. the Procedural Aspects of International Law Institute (E/CN.4/Sub.2/1984/NGO/5). 173. At the 20th meeting, the matter was introduced by the Assistant Secretary-General for Human Rights 174. At the 21st meeting, the Special Rapporteur introduced his preliminary report.' 175. In his introduction, Mr. Mubanga-Chipoya outlined the historical background to the question, referring to the study submitted by Mr. Jose D. Ingles to the Sub-Commission at its; fifteenth session in 1963 and to the need to update that study in accordance with Sub-Commission resolution 1983/5 of 31 August 1983, approved by Economic and Social; Council in its resolution 1984/29 of 24 May 1984. 176. The Special Rapporteur has prepared a detailed questionnaire with a view to collecting information from Governments, relevant United Nations bodies and specialized agencies as well as intergovernmental and non-governmental organisations concerned, on current trends and developments in respect of the right of everyone to leave any country- including his own and to return to his country possibility to enter other countries, without discrimination or hindrance, especially of the right to employmen taking into account the need to avoid the phenomenon of' the train drain from developing countries and the question of recompensing those countries for the loss incurred, and to study in particular the extent of restrictions permissible under article 12, paragraph 3, of the International Covenant on Civil . and Political Rights. 177.. The members of the Sub-Commission welcomed the excellent preliminary report submitted by the Special Rapporteur. The report clearly showed the need for a new study which would comply with the objectives sought after the adoption of the International Covenants on Human Rights. E/CN.4/1985/3, E/CN.4/SUB.2/1984/43 page 41 178. Some members commented that the study should not be confined to the legal aspects of the question, and that it would be desirable to include political and economic aspects. One speaker pointed out that a distinction should be made between the law as such and the application of the law concerned. Since the study dealt with highly' critical issues.; he proposed that aspects that already came within the domain of "., positive international law should be formulated first and matters which might be considered as being de lege fererada sub sequently. 179.Some speakers considered that the right to leave a country presupposed the possibility to enter another country. 180. With regard to the special problem of refugees, one speaker pointed out that the principle of non-govermental must be applied, as must the right .for. the refugee to return to his own country- It would be desirable to analyse in the study the issues relating to the principle of the voluntary repatriation of refugees. 181. A considerable number of speakers acknowledged the phenomenon of the brain drain to be serious. However, some thought that the idea of compensation for the brain drain might be dangerous since. If adopted, it might develop an excessive national protectionism incompatible with fundamental freedoms. 182. Various speakers considered that it would be desirable to study the, de facto and de jure conditions imposed by States for an individual to be allowed to leave his country. 183. A member ;of the Sub-Commission suggested that the1 Special Rapporteur should study the relevant international decisions, including the appropriate judgements of the European Court of Human Rights and the decisions of the Council of Europe relating to the scope of his study. 184. The Sub-Commission heard a. statement made by the' representative of the Office of the United Nations High Commissioner for Refugees (24th meeting). 185. The Sub-Commission heard statements made1 by representatives of the following non-governmental organizations: International Council of Jewish Women (22nd meeting); Procedural Aspects of International Law Institute' (23rd meeting). 186. One 27 August 1984, a draft; resolution (E/CN.4/Sub.2/1984/L.25) was submitted by Mr. Alfonso Martinez, Mr. Bhandare, Mr. Bossuyt, Mr. Chowdhury Mrs. Daes Mr. Martinez Baez, Mr. Mazilu, Mr. Roche and Mr. Simpson. 187. At the 54th meeting oh 29 August 1984 Mrs. Daes introduced the draft resolution, of which Mr. Sofinsky and Mr. Despouy also became sponsors Mrs. Daes proposed the deletion of the word deep in operative paragraph 1. Several speakers requested that the draft resolution should be addressed to the Sub-Commission for adoption; in this ease and in similar cases, and not recommended to higher organs for adoption. At the request of Mrs. Daes, the draft resolution was adopted without a vote. 188. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/21. E/CN . 4/1985/1 E/CN.4/Sub.2/1984/43 page 42 Disabled persons 189. During the debate, some members of the Sub-Commission referring to the subitem Human rights violations and disabled parsons, supported the request by the Economic and Social Council resolution 1984/26 to the Sub-Commission to appoint a Special. Rapporteur to undertake a thorough study of the causal connection between serious violations of human rights and disability and of the progress made to alleviate problems. The view was expressed that the study referred to an aspect in which the Sub-Commission had a high interest, and, therefore, the study should not restrict itself to certain cases in this field, but rather examine broadly all aspects of the subject-matter. Referring to the possible terms of references of the Special Rapporteur, one member pointed out that the obstacles to the enjoyment of political, civil, economic and social rights of disabled persons and in particular, the causal connection between disability and serious violations of human rights should be, examined. Therefore, direct co-operation with non-governmental organizations concerned would be necessary. 190. Another member stressed the urgency of specific protection of human rights and fundamental freedoms of disabled persons and expressed the view that the Sub-Commission should devote more time to the consideration of these questions. It was pointed out that frequently poverty and disability were connected. Also Governments might fail to even begin to develop necessary programmes for disabled people. That was a serious problem, not only in developing countries but also in developed countries. It was suggested that the Sub-Commission should consider the subject under a separate item of its agenda. 191. On the subject, the Sub-Commission heard statements by the following non-governmental organisations: Amnesty international (23rd meeting); Disabled Peoples International (24th meeting); Four Directions Council (23rd meeting); and International Council for Jewish Women (22nd meeting); 192, 0n 24 August 1984, a draft resolution i;(E/CN.4/Sub.2/1984/L.24) was submitted by Mr. Whitaker. 193. At its 34th meeting, on 29 August 1984: the Sub-Commission considered the draft resolution, when. Mr. Roche introduced it and requested that his name be added to the list of sponsors. Mr, Bhandare Mr. Chowdhury, Mrs. Daes, Mr. DeschSnes, Mrs. Gu Yijie, Mr. Joinet, Mr, Khalifa, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr. Simpson, Mr. Takemoto, Mr. Uribe Portocarrero, Mr. Yimer also requested, that their names be added to the list of sponsors., 194. At the same meeting, a statement of the administrative and programme budget implications was made by the Deputy Director of the Centre for Human Rights. 195. at the same meeting the draft resolution was adopted without a vote. 196. The .text of the resolution appears in chapter XVIII, section A, as resolution:1984/20. (b) The effects of gross violations of human rights on international peace and security/ 197. The Sub-Commission considered agenda subitem 6 (b) together with subitem 6 (a) at its 20th to 27th and 36th meetings on 20 to 23 and 30 August 1984. E/CN.4/1905/3 E/CN.4/Sub.2/l984/43 page 43 198. The Sub-Commission had before it the report of the Secretary-General prepared in accordance with the Sub-Commission resolution 1983/32 (E/CN.4/Sub .2/1984/11) and written statements submitted by the Women's International League for Peace and Freedom (E/CN.4/Sub .2/1984/NGO/6) and by the International League for the. Right and Liberation of Peoples (E/CN.4/Sub.2/1984/NGO/2). 199. The Assistant Secretary-General for Human Rights introduced the subitem. 200. During the debate, it was stressed -that the close relationship between respect for human rights and the maintenance of international peace and security had always been and continued to be a fundamental issue for the future of mankind. Reference was made with appreciation to the report of the Secretary-General (E/CN.4/Sub .2/1984/11) which, it was felt, reflected all the main components or the relationship between the observance of human rights and the maintenance of international peace and security. Mention was made, inter alia, of the negative effects on world peace of gross. violations of civil and political freedoms and of denial of self-determination-through foreign domination, colonialism, apartheid and other forms of racism. It was also stated that the crime of aggression and military occupation and the policy of fait accompli constituted serious threats against international peace. It was felt that the arms race was endangering the right to life itself and seriously limiting economic and social progress. 201. The question was raised as to how the work of the Sub-Commission under this subject should be pursued. Some expressed the view that it should be examined by the Sub-Commission on an annual basis. One member suggested that the consideration of the matter would be more fruitful if the question of the effects of gross violation of human rights on international peace and security were a separate item on the Sub-Commission's agenda. The opinion was also expressed that the Sub-Commission should appoint a special rapporteur to undertake a study on the relationship between observance of human rights and maintenance of international peace and security. 202. At the 23rd meeting, a statement was made by the representative of the Four Directions Council, a non-governmental organization. 203. On 28 August 1984, a draft resolution {E/CN.4/Sub.2/1984/L.36) was submitted by Mr. Alfonso Martinez, Mr. Bhandare, Mr. Chowdhury, Mr. Despouy, Mr. Joinet, Mr. Martinez Baez, Mr. Mazilu, Mr. Simpson, Mr. Sofinsky, Mr. Valdez Baquero and Mr. Yimer. Mrs. Daes joined the sponsors. 204.. At its 36th meeting, on 30 August 1984, the Sub-Commission considered the draft resolution. 205. At the same meeting, Mrs. Daes suggested that the following new preambular paragraph and new operative paragraph 1 be added respectively to the draft resolution: E/CN.4/1985/3 . E/CN. 4/Sub. 2/1984/43 page 44 (a) Having considered the report of the Secretary-General on the subject matter (b) Expresses its appreciation to the Secretary-General for the very comprehensive and important report he has prepared in accordance with the aforementioned resolution. 206. Bott amendments were accepted by the sponsors. 207. At the same meeting the draft resolution, as amended, was adopted without a vote. 298. The text of the resolution as adopted, appears in chapter XVIII, section A, as. resolution 1984/30. 209. At the same raeetihg Mrs. Daes withdrew a similar draft resolution on the subject contained in document E/CN.4/Sub.2j'19o4/L.46. E/CN.4/Sub.2/1984/43 Page 45 VII. COMMUNICATIONS CONCERNING HUMAN RIGHTS: REPORT OF THE WORKING GROUP ESTABLISHED UNDER SUB-COMMISSION RESOLUTION 2 (XXIV) IN ACCORDANCE WITH ECONOMIC AND SOCIAL COUNCIL RESOLUTION 1503 (XLVIII) 210. The Sub-Commission considered agenda item 7 at its 28th and 29th closed meetings, held on 24 August 1984. 211. By resolution 1503 (XLVIII) of 27 May 1970 the Economic and Social Council authorized the Sub-Commission to appoint a working group of not more than five of its members to meet annually for 10 days, immediately before each session of the Sub-Commission, to consider all communications received by the Secretary-General under Council resolution 728 F (XXVIII) of 30 July 1959, including replies of Government thereon, with a view to bringing to the attention of the Sub-Commission those communications, which appear to reveal a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms. 212. The procedure to be followed by the Working Group in deciding on the admissibility of communications was established by Sub-Commission resolution 1 (XXIV) of 13 August 1971, and the Working Group itself was set up in accordance with Sub-Commission resolution 2 (XXIV) of 16 August 1971- 213. The Sub-Commission had before it a confidential report on the work of the thirteenth session of the Working Group, held from 23 July to 3 August 1984 (E/CH.4/Sub.2/1984/R.1 -and addenda); The Chairman-Rapporteur of the Working Group, Mr. Vsevolod Sofinsky, introduced the report. A discussion of the report followed. 214. At the closed part of the; 38th meeting on 31 August 1984 the Sub-Commission adopted a confidential report, by which it communicated its findings to the Commission on Human Rights. ' 215. At its' 39th meeting on 31 August 1984 the Sub-Commission decided on the composition of its Working Group on Communications to meet prior to its thirty-eighth session. For the composition of the Working Group, see chapter XVIII, section B, decision 1984/105. E/CN. 4/1985/3 E/CN.4/Sub. 2/1984/43 page 46 VIII. THE ADMINISTRATION OP JUSTICE AND THE HUMAN RIGHTS OF DETAINEES: A. QUESTION OF HUMAN RIGHTS OF PERSONS SUBJECTED TO ANY FORM OF DETENTION AND IMPRISONMENT : B, INDIVIDUALIZATION OF PROSECUTION AND PENALTIES AND REPERCUSSIONS OF VIOLATIONS OF HUMAN RIGHTS ON FAMILIES; C. STUDY ON THE INDEPENDENCE AND IMPARTIALITY OF THE JUDICIARY, JURORS AND "ASSESSORS AND THE INDEPENDENCE OF" LAWYERS ; D. IMPLEMENTATION OF THE RIGHT TO LEGATION PROVIDED FOR UNDER ARTICLE 4 OF! THE INTERNATIONA^ COVENANT ON CIVIL AM) POLITICAL RIGHTS AND VIOLATIONS OF HUMAN RIGHTS; 216. The Sub-Commission considered item 8 of its agenda at its 14th, 15th, 16th, 17th, 18th, 19th, 33rd, 34th, 35th and 36th meetings held on 15, 16, 17, 28, 29 and 30 August 1934. 217. It had before it the following documents; a report by the Secretary-General containing information communicated by Governments, specialized agencies and regional intergovernmental organizations, in accordance with Sub-Commission resolution 7 (XXVII) (E/CN,4/Sub,2/1984/12 and Add,1-4); a synopsis of material received from non-governmental organizations (E/CN.4/Sub.2/l984/l3); a report by the Secretary-General on_ restraints in the use of force submitted in accordance; with Sub-Commission resolution 1983/24 (E/CN,4/Sub.2/l984/l4) ; a preliminary report by Mr. Joinet, Special Rapporteur, on amnesty laws submitted in accordance with Sub-Commission resolution 1983/34 (E/CN.4/Sub.2/l934/l5); a report by the sessional Working Group on Detention (E/CN,4/Sub,2/l984/l6}| a note by the Secretary-General on the question of the death penalty' (E/CN,4/Sub.2/l984/l7). a draft of a second optional protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (A/C.3/35/L.75) and comments by Governments on the question (A/36/441, and Add. 1 and A/37/407 and Add. l). A. Question of human rights of persons subjected to any form of detention and imprisonment 218. At its 3rd meeting, held on 7 August 1984, the Sub-Commission decided to establish a working group under agenda item 8. The Working Group thus established consisted of five members; Mr. Alfonso Martinez, Mr, Bhandare, Mr. Dahak, Mr. Mazilu and Mr. Roche. Mr. Roche was elected Chairman/Rapporteur of the Group. 219. Several speakers stressed that the protection of the guarantees of persons in detention was the corner-stone of human rights protection. Thus, the annual review of developments in respect of detention was of vital importance for the work of the Sub-Commission. One member expressed concern that the Commission on Human Rights had requested the Sub-Commission to defer implementation of its resolution 1982/10, whereby the Working Group on Detention was to give special attention to hearing and receiving information relating to torture and other inhuman or degrading treatment or punishment, unless the Commission on Human Rights established a system for examining such information. It was mentioned in that regard that there were reports of worsening conditions of detention in several countries, and specific cases were raised. It was suggested that an effective measure against torture and other abuses in the places of detention would be an unannounced system of inspection by an independent authority. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 47 220. With regard to the period of detention after arrest before the person was brought before a judicial authority, one member expressed the opinion that the period should not exceed 24 to 48 hours. In the view of another member, the Sub-Commission should try to strengthen the guarantees in respect of detention without taking its length into account since, clue to geographical, climatologically and a great variety of other conditions, the time needed to bring a person who has been arrested before a judicial authority varied greatly; further, if there was no charge, the detention would be unlawful, regardless of its duration. Other members invoked the principle of proportionality which should apply to all aspects of detention. The importance of police training was emphasized in the area of human 'rights and the laws governing detention. 221. Several speakers expressed concern at the continuing phenomenon of enforced disappearances. It was suggested' that the draft declaration against unacknowledged detention of persons which was before the Working Group should include an article condemning the practice as a crime against humanity, when such detentions constituted involuntary or enforced disappearances of persons. it was also-recalled that in resolution 1983/11 the Sub-Commission had already suggested that the question should be referred to the International Law Commission. 222. Another suggestion was that the Sub-Commission should adopt a resolution which would contain eertain guarantees, for instances (a) that Governments confronted with a serious problem of disappearances should be able to call on experts from the; Sub-Commission who would be entrusted mainly with an information and consultation mission in situ, a mandate modelled on that of the expert of the Sub-Commission, invited, by the Government of Mauritania. The experts would be instructed inter alia to make enquiries about the assistance which the Government concerned might need from the international community in order to overcome those problems; (b) to entrust to an existing agency, such as the Centre.!' Tracing Agency of the ICRC, whose mandate is provided for, in situations of internal disturbance and tensions, by the statutes of the Red Cross (A,6), a research mission in response either to a request by Governments, or to that of the Sub-Commission, or to that of non-governmental organizations or private individuals, having personal relations with the persons who had disappeared. Restraints in the use of force 223. With reference to the report prepared by the Secretary-General on restraints in the use of force (E/CN.4/Sub.2/l984/l4) one member expressed, regret that so few Governments and non-governmental organizations had transmitted information on the subject he also drew attention to the fact that little information had been received concerning the use of force by military personnel. ' The Sub-Commission might act as intermediary between States, informing them of the solutions adopted by others. In view of the importance of the subject of restraints in the use of "' force, it was suggested that the Sub-Commission should continue to study the question. One member further suggested that the sociological and statistical aspects of the question should also be taken into consideration. (Question of the elaboration of a second optional protocol to the International Covenant on Civil and .Political Rights aiming at the abolition of the death penalty 224. A discussion took place on the abolition or retention' of the death penalty in connection: with the proposal for a protocol on the abolition of the death penally. E/CN,4/1985/3, - . E/CN.4/Sub.2/1984/43 page 48 225. Several speakers supported the abolition of the death penalty and various arguments -were advanced, for instances (a) the death penalty is irrevocable and judicial errors cannot be rectified; (b) the theory that the death penalty is a deterrent to crime has not been proved; (c) the death penalty rejects the theory that punishment reforms the individual; (d) the Universal Declaration of Human Rights has proclaimed, in article 3, a, universal principle concerning the right to life which admits of no derogation, and (e) the death penalty might make terrorists into martyrs. 226. Other speakers stated that it was preferable at the present stage to retain the death penalty. They adduced various arguments, for instances (a) the rise in criminality and, above all, organized crime and terrorisms (b) the deterrent effect of the death penalty, 'which was invariably carried out in many countries for only the most serious crimes, and (c) the concern of society for the victims of crime. It was also stated that in some countries the philosophy underlying legal systems precluded the possibility of envisaging abolition of the death penalty. 227. As for the timeliness of a protocol on the abolition of the death penalty, several speakers considered it would be useful to begin the process of elaboration forthwith. The protocol would aim at a more effective implementation of article 6 of the International Covenant on Civil and Political Eights. Many speakers were of the view that the Sub-Commission should at the current stage instruct a rapporteur to prepare a working document and a draft protocol which would be used as the basis for discussion during the next session of the Sub-Commission. Mr, Bossuyt was proposed as the person best "qualified to prepare such a document. 228. Other members considered the elaboration of a second protocol to be premature at present. One speaker thought that it would be illogical to speak of a "universal optional" protocol on the; question because for such a protocol, to be truly optional, it was not enough that some States should be able to "exercise their option" of becoming parties to it but that all States should find it possible to exercise such an option in the future. Given that a large number of countries - in view of the fact that their legal systems provided in a mandatory manner for the death penalty for some crimes could not exercise their option of becoming parties to the proposed optional protocol, it could not be called an optional protocol at all. Study on amnesty laws 229. Introducing the preliminary report, Mr. Joinet stated that the greater part of the study dealt with amnesty for political offences, to which most of the laws communicated to him referred and which was at the heart of the Sub-Commission's concerns. The study would aim to offer a frame of reference for the use of those who are endeavouring to promote amnesties generally, particularly the experts of the various specialized international supervisory bodies, in order to enable them better to assess the impact - positive, negative or nil - of amnesty laws promulgated in justification of authorities .who are being challenged in a particular country. This frame of reference would also be available to member States" confronted with drafting an amnesty law. The report was drafted specifically with that in mind. 230. The preliminary report of the Special Rapporteur was praised very highly by the Sub-Commission. Members spoke of the amnesty legislation in their own countries; the Sub-Commission gave special attention to the current amnesty process under way in Colombia and some members considered that such a precedent should be encouraged. A number of suggestions were made for the final report E/CN.4/1985/5 E/CN.4/Sub.2/1985/43 page 49 which should be submitted in the course of the Sub-Commission's next session. Some speakers suggested that the final report should deal with amnesty in general rather than confining itself to political offences. However, it was also stated that such an extension might encroach on the competence of the Committee on Crime Prevention and Control or that the scope of the task would necessitate a separate special report, One member mentioned that the category of judicial amnesty might also be included. Another member suggested that the report should include suggestions on the machinery for the implementation of the amnesty legislation by national organs. 231 . With regard to co-ordination among various brandies of the United Nations system in .respect of issues related to. detention, .members regretted the fact that the Centre for Social Development and Humanitarian Affairs was. not. represented at the Sub-Commission's current session. 232. The following observers for States made statements: Argentina (15th meeting). Cyprus (19th meeting), Germany, Federal Republic of (15th meeting), Guatemala (17th meeting); Indonesia (17th meeting), Japan (17th meeting), Sri-Lanka (17th meeting'), Turkey (17th meeting), 233. The representative of the International Committee of the Red Cross made a statement (19th meeting). 234. The following representatives of non-governmental organizations made statements Amnesty International (l6th meeting), Friends World Committee for Consultation (l6th meeting), International Commission of Jurists (l6th meeting), International Federation of Human Rights ( 17th meeting), Women's International League for Peace and Freedom (l6th meeting). International Movement for Fraternal Union Among Races and Peoples (17th meeting), Pax Christi (l6th meeting), Pax Romana (l6th meeting), Procedural Aspects of International Law Institute -International Hitman Rights Law Group (l6th meeting). B. Individualization of prosecution and penalties and repercussions of violations of human rights on families 235 . Members expressed their concern at the persecution of individuals for the mere fact of their ties, particularly family ties, with a suspect, an accused person or a person adjudged guilty of an offence. 236. A member expressed the view that the Sub-Commission should be allocated more time to consider the issue. The member also suggested that a concise report. prepared by the Secretariat would be a useful basis for discussions at the Sub-Commission's thirty-eighth session. 237. Another member expressed the view that a special study of the. problem which, constituted a flagrant violation of human rights, was not necessary on the part of the Sub-Commission. The question came more within the competence of the Committee on Crime" Prevention and' Control. ' C. Study of the independence and impartiality of the .judiciary, jurors and assessors and the independence of lawyers 238. Various speakers underscored the vital role of the independence of judges and lawyers in the protection of human rights. E/CN.4/1985/5 E/CN.4/Sub.2/1984/43 Page 50 239" The laws and principles concerning the protection of individual liberty would be meaningless if the judiciary was controlled by the executive or was too timid to check its abuses. Several speakers stressed the importance of the 1982 Montreal Declaration on the Independence of the Judiciary. 240. The Sub-Commission very much regretted that Mr. Singhvi was not yet in a position to submit his final report, It postponed consideration of the study to the following year, in the firm hope that it would have the final study in its possession well before the opening of the next session, D. Implementation of the right to derogation provided for under article. 4 of the International Covenant on Civil and Political Rights and Violations of Human Eights 241. This aspect .was referred to the Working Group, 242, The Chairman-Rapporteur of the Working Group on Detention, Mr, Roche, introduced the report of the Group (E/CN,4/Sub2/1984/16) and drew attention, in particular, to the discussions held on a draft proposal concerning a declaration against unacknowledged detention of "persons. It had been agreed by the Group that he would prepare a revised version of the draft declaration on the basis of the comments made during the discussions and the documents submitted to the Group, The revised draft would be considered by the Working Group at its next session, in 1985. 243. Speakers commended the report of the Working Group and expressed their support for the Group's endeavour to carry out its heavy tasks, in particular the preparation of the draft declaration and the list of countries under states, of siege or emergency. In connection with the latter, satisfaction was expressed at the Group's suggestion that Mr. Despouy be requested to prepare a working paper which would serve as a basis for the discussions in 1985. 244. The observer for the United Kingdom (35th meeting)" 'informed" the Sub-Commission' that his Government had announced, on 22 August 1984) the "withdrawal" of the' United Kingdom's notices of derogation from two international human .rights instruments; the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms. 245. The representative of the International Law Association made a statement (35th meeting), 246. On 22 August 1984 a draft resolution (E/CN.4/Sub.2/l984/L,8) was submitted by . Mr. Bhandare, Mrs. Daes, Mr. Deschenes, Mr. Joinet, Mr. Khalifa, Mr. Martinez Baez, Mr. Mazilu, Mr. Mubanga Chipoya, Mr. Roch, Mr. Simpson, Mr. Cepeda Ulloa, Mr. Valdez Baquero, Mr. Whitaker and Mr. Timer. 247. At the 33rd meeting, on 28 August 1984, the draft resolution was introduced by Mr, Joinet. 248. At the same meeting, Mr, Sofinsky proposed that, the words "in favour or against the idea of elaborating such a protocol be added after the words the Sub-Commission" in operative paragraph 2 of the draft resolution, to be recommended to the Economic and Social Council for adoption, which was accepted by the sponsors, E/CN.4/1984/3 E/CN.4/Sub. 2/1984/43 page 51 249. At the same meeting a statement of the administrative and programme budget implications was made by the Deputy1 Director of the Centre for Human Rights. 250. At the same meeting the draft resolution, as amended, was adopted without a vote, 250. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/7. 251. On 23 August 1984 a draft resolution (E/CN.4/Sub,2/l984/L.9) was submitted by Mr, Bossuyt, Mr, Carey, Mr. Chowdhury, Mrs. Daes Mr. Dahak, Mr, Deschenes, Mr. Khalifa, Mr. Mazilu and Mr, Simpson, 252. At its 33rd meeting, the Sub-Commission considered the draft resolution, when Mr, Despouy introduced it and requested that Mr. Daes be added to the list of sponsors. 253. At the same meeting, a statement of the administrative and programme budget implications was made by the Deputy Director of the Centre for Human Rights. 254. At the same meeting,, the draft resolution was adopted without a vote. 255. The text of the resolution appears in chapter XVIII, section A, as resolution 1984/8, 256, On 24 August 1984 a draft resolution (E/CN.4/Sub.2/l984/L.10) was introduced by Mr„ Al Khasawneh, Mr, Alfonso Martinez, Mr, Dhandare, Mr. Bossuyt, Mr. Chowdhury. Mrs. Daes, Mr. Dahak, Mr. Deschenes Mr. George, Mr. Despouy, Mrs. Gu Yijie Mr. Joinet, Mr. Khalifa, Mr, Martinet Baez, Mr. Mazilu Mr„ Mubanga-Chipoya Mr, Roche, Mr. Simpson; Mr. Sofinsky; Mr. Takemoto, Mr. Uribe Portocarrero, Mr. Valdez Baquero. Mr. Whitaken and Mr. Timer. 2567 At the 33rd meeting, the draft resolution was introduced by Mrs, Daes, who proposed to revise it by inserting1 the words "the Commission en Human Rights to recommend to" between the words Requests and the.; Government in operative paragraph' 1. 258. At the same meeting, the draft resolution, as revised; was adopted unanimously, 'by 19 votes to none,, with no abstention.- 259t The text of the resolution, as adopted, appears in chapter XVIII section A, as resolution 1984/9 260, On 23 August 1984,- a draft-resolution (E/CN.4/Sub.2/1984/L.4) was submitted by Mr. Bossuyt, Mr. Dakar,- Mr. Deschenes, Mr. Despot, Mr. Roche, Mr. 'Takemoto and Mr, Whitaker. 261, At the 54th meeting, on 29 August 1984, the draft resolution was introduced by Mr, Desohenes.- 262. At the same meeting.,, the draft resolution was adopted without a vote. 263. The text of the resolution appears in chapter XVIII f section A? as resolution 1984/10, E/CN.4/1985/3 , E/CN.4/Sub.2/1984/43 page 52 264. On 25 August 1984, a draft resolution (E/CN.4/Sub.2/l984/L.15) was submitted by Mr. Bossuyt, Mrs. Daes, Mr, Dahak, Mr. Deschenes, Mr. Dove-Edwin, Mrs. Gu Yijie Mr. Joinet, Mr, Mubanga-Chipoya and Mr. Whitaker. E/CN.4/1985/3. E/CN.4/Sub.2/1985/43 Page 52 At the 34th meeting, on 29 August 1984, the draft resolution was introduced by Mrs. Daes. 266. At the same meeting, a statement of the administrative and programme budget implications., was made "by the Deputy Director of the Centre for Human Rights, 267. At the same meeting, the draft resolution was adopted without a vote. 268. The text of the resolution appears in chapter XVIII, section A, as resolution 1984/11. 269. On 23 August 1984, a draft resolution (E/CN.4/Sub.2/l984/L.ll) was submitted by Mr. Alfonso Martinez, Mr. Bossuyt, Mr. Dahak, Mr, Deschenes, Mr. Despouy, Mr. Joinet, Mr. Mazilu, Mr. Roche, Mr. Takemoto and Mr. Whitaker. 271. At the 34th meeting, on 29 August 1984, the draft resolution was introduced by Mr. Bossuyt. Mr, Bhandare and Mr, Chowdhury requested that their names be added to the list of sponsors, 272. At the same meeting, the draft resolution was adopted without a vote, 273. The text of the resolution appears in chapter XVIII, section A, as resolution 1984/13 274. On 24 August 1984, a draft resolution (E/CN.4/Sub.2/l984/L,20) was submitted . ., by Mr. Al Khasawneh, Mr, Chowdhury, Mr, Dahak, Mr. Despouy, Mr. Martinez Baes, Mr. Mazilu, Mr. Roche, Mr. Simpson, Mr, Takemoto, Mr. Taldez Baquero, Mr. Whitaker and Mr, Yimer. 275. At the 54th meeting, on 29 August 1984, the draft resolution was introduced by Mr, Despouy, Mr, Bhandare, Mrs. Daes and Mr. Mubanga-Chipoya requested that their names be included in the list of sponsors. 276. At the same meeting, the draft resolution was adopted without a vote. 277. The text of the resolution appears in chapter XVIII, section A, as resolution 1984/16, 278. On 24 August 1984, a draft resolution (E/CN,4/Sub.2/l.984/L.17) was. submitted by Mr. Alfonso Martinet, Mr, Al Khasawneh, Mr. Bossuyt, Mr. Despouy, Mr. Joinet, Mr. Martinez Baez, Mr. Roche, Mr, Simpson, Mr. Uribe Portocarrero and Mr. Whitaker, 279. At its 36th meeting, on 30 August 1984, the Sub-Commission considered the draft resolution and adopted it by 17 votes to none with 5 abstentions. 280. The text of the resolution appears in chapter XVIII, section A, as resolution 1984/25, E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 :,.. . . . , .. ... Page 53 201. On 28 August 1984, a draft resolution (E/CN .4/Sub.2/1984/34) was submitted "by Mr. Al Khasawneh Mr. Alfonso Martinez, Mr. Bhandare, Mr. Bossuyt Mr, Chowdhury Mr. Dahak, Mr. Durrpouy, Mr. George, Mr. Joinet Mr. Martinet' Baez, Mr. Mazilu, Mr„ Mubanga-Chipoya? Mr, Rocho, Mr. Simpson, Mr. Takemoto, Mr. Uribe Portocarrero, Mr, Valdoz Baqucro, Mr„ Whitaker and. Mr. Yimer. 282. At its 26th meeting, on 30 August 19845 the'-Sub-Commission considered the draft resolution. 265. At the same meeting, -a statement. of' the administrative' and programme budget implications was made by the Deputy Director of the Center for Human Rights. 284- At the same meeting, the draft resolution- was adapted; without a vote. 285. The 'text of the 'resolution appears in chapter!'XVIII section A, as. resolution'1984/27 . E/CN. 4/1985/3 E/CN.4/Sub,2/1984/43 page '54 IX. HUMAN RIGHTS AND SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS 286. The Sub-Commission considered this agenda item at its 19th, 20th, 34th and 35th meetings on 17, 20 and 29 August 1984. 287. The representative of the Centre for Human Rights, introducing .the item, outlined the history of consideration of the subject in the United Nations and noted that in resolution 1984/27 the Commission on Human Rights had requested the Sub-Commission to consider areas in which studies might be undertaken. 288. Several members thought that in accordance with Commission resolution 1984/27, the Sub-Commission should take fully into account the rapid progress of science and technology in their relationship with human rights and define areas in which further work, especially studies, might be envisaged. 289. It was important to avoid poorly defined topics or topics which duplicated the programmes of other sectors of the United Nations or of the specialized agencies. 290. The areas in which further study would be desirable included recent scientific and technological developments, particularly in information sciences and monitoring techniques and their impact on the right of privacy. 291. Appreciative reference was made to Mr. Joinet's study on computerized personal files, which the Commission had welcomed in resolution 1984/27. Mr. Joinet had suggested that the draft guidelines he had prepared should be submitted for comment to Governments and interested organizations. 292. Several speakers suggested that the Sub-Commission should consider the human rights issues raised by experiments on human beings. Drawing attention to the rule in article 7 of the International Covenant on Civil and Political Rights, some participants voiced grave concern regarding current practices in a number of countries, including, it was alleged, experiments with new drugs conducted by various pharmaceutical companies in third world countries. It was also suggested that a study should be made of scientific and technological developments in relation to torture. Some members recalled the Sub-Commission's mandate under Commission resolution 1982/7 to study the negative consequences of the arms race. 293. Statements were made by the observers for Japan (20th meeting) and the United Kingdom (19th meeting). At the 19th meeting, statements were made by the representatives of the following non-governmental organizations: the International League for Human Rights, the International Association of Penal Law, the Four Directions Council and the Women's International League for Peace and Freedom, 294. At its 35th meeting on 29 August, the Chairman-Rapporteur of the Working Group on the question of persons detained on the grounds of mental ill-health or suffering from mental disorder, Mrs. Daes, introduced the report of the Working Group on its third session. Speaking of the Group's work, she stated that the Working Group had continued and completed its first reading of the draft body of principles, guidelines and guarantees for the protection of the mentally-ill or persons suffering from mental disorder, a full revised text of which, including relevant comments thereon, was attached to the report in order to facilitate further consideration of the draft body at its next session. As regards articles 41, 42, 43 and 44 referring to minors and juvenile patients, the Chairman-Rapporteur drew attention to the decision of the Working Group to resume E/CN.4/1985/3 E/CN.4/Sub.2/l984/43 Page 55 consideration of these articles at its next session because of lack of comprehensive study on those terms. Referring to a suggestion to revise the title of the draft body, Mrs. Daes also called attention to a decision of the Working Group to consider such a suggestion at its next session. Mrs. Daes further added that in accordance with relevant resolutions and decisions of the General Assembly and the Economic and Social Council, the Working Group should continue the second .reading of the aforementioned draft body of principles, guidelines and guarantees for the protection of the mentally-ill or persons suffering from mental disorder, at its next session with a view to completing its work during the thirty-eighth session of the Sub-Commission. 295. On 23 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L.l6) was submitted by Mr. Al Khasawneh, Mr. Alfonso Martinez, Mr. Bossuyt, Mr. Carey, Mr. Chowdhury, Mrs. Daes, Mr. Dahak, Mr. Deschenes, Mr. Martinez Baez, Mr. Mazilu, Mr.'Mubanga-Chipoya, Mr. Simpson, Mr. Takemoto, Mr. Valdez Baquero, Mr, Whitaker and Mr. Zimer. 296. At the 34th meeting, on 29 August 1984 the draft resolution was introduced by Mr. Bossuyt. 297. At the same meeting, the draft resolution was adopted without a vote. 298. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/12. 299. On 24 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L.20) was submitted by Mr. Al Khasawneh, Mr. Chowdhury, Mr. Dahak, Mr. Despouy, Mr. Martinez Baez, Mr. Mazilu, Mr. Roche, Mr. Simpson, Mr. Takemoto, Mr. Valdez Baquero, Mr. Whitaker and Mr. Yimer, 300. At the 34th meeting, on 29 August 1984, the draft resolution was introduced by Mr. Despouy. Mrs. Daes, Mr. Bhandare and Mr. Mubanga-Chipoya became sponsors. 301. At the same meeting, the draft resolution was adopted without a vote. 302. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/16. 303. On 24 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L.21) wa3 submitted by Mr. Bossuyt, Mr. Deschenes, Mr. George, Mr. Khalifa, Mr. Martinez Baez, Mr. Mazilu, Mr. Roche, Mr. Simpson and Mr. Takemoto. 304. At the 34th meeting, on 29 August 1984, the draft resolution was introduced by Mr. Deschenes. Mr. Bhandare and Mr. Chowdhury became sponsors of the draft resolution. 305. At the same meeting, a statement of the administrative and programme budget implications of the draft resolution was read out by the Deputy Director of the Centre for Human Rights. 306. At the same meeting, the draft resolution was adopted without a vote. 307. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/17. E/CN.4/1985/3 E/CN.4/Sub.2/1984/45 page 56 308. on 24 August 1984 draft resolution (E/CN.4/Sub.2/1984/L.2) was submitted by Mr. Bossuyt, Mrs. Daes, Mr. Dahak, Mr. Deschenes, Mr. Dove-Edwin, Mrs. Gu Yijie Mr. Khalifa, Mr. Martinez Baez, Mr. Mazilu and Mr. Ehitaker 309. At its 34th meeting on 29 August 1984, the Sub-Commission considered the draft resolution when Mr. Bossuyt, introduced the draft resolution 310. At the same meeting the draft resolution was adopted without a vote 311. The next of the resolution appears in chapter XVIII section A as resolution 1984/18 E/CN.4/1985/3 E/CN.4/Sub.2/1985/43 Page 57 X. STUDY OF THE PROBLEM OF DISCRTMINATION AGAINST INDIGENSUS POPULATIONS 312. The Sub-Commission considered item 10 of its agenda at its at it s *** 32nd and 37th meetings ( on 23, 271 28 and 30 August 1984. 313. The Sub-Commission had before It, the following document (a) the final report by -Mr, Jose R, Martfnez Cobot. the Special Rapporteur, entitled "Study of the problem of discrimination against indigenous populations (E/CN.4/Sub.2/476) and Add.1-6; E/CN.4/Sub.2/l982/2 and Add.l-7 E/CN.4/Sub.2/1983/21 and-Add.1-8) (b) the report of the third tension of the Working Group on Indigenous Populations (E/CH.4/Sub.2/1984/20); and (a) a written statement submitted by the Four Direct teas; Council, a non-governmental organization (E/CN.4/Sub.2/1984/NGO/3). 314. Introducing the last part of his final report, the Special Rapporteur emphasised that the great merit of the Study on .indigenous populations was that it had1 for the first time aroused the interest and concern of the international Community for one of the largest weakest, ami most underprivileged. sections, of mankind. Hence. it was essential for the question of protection of the rights of indigenous population-s to remain an the Sub-Commission's agenda. Mr. Martines; Cobo outlined the numerous proposals and recommendations contained in his report In. his view the fullest support should be given to the Working Group so that it could attend exclusively to the problems affecting indigenous pcpu3.stior.is in various parts of the world and study ways and means of enabling them to secure effective enjoyment of their rights and fundamental freedoms. He then pointed to activities in this field that should be carried out by the specialized agencies. . as to ;. possible decision by United Nations organs to elaborate a declaration on the rights- of indigenous populations he observed that the basic principles- he had developed in his study could sarve as .a basis for such an endevour. 315. Mrs. Erics-lrene Daea f Chairman-Repporteur of the Ivor king Group on Indigenous Populations, introduced the Groups report on its third session She emphasized that a large number of representatives of indigenous populations observers for Governments, specialized agencies and representatives of non-governmental organisations had taken part in the session In connection with the Group's work, she said that in order to obtain relevant information and the views of observers and the representatives of indigenous populations and specialised ageneier the Group had once again adopted a flexible prodesure that distinguished it from other United Nations bodies. She drew attention to the fact that the Working Group's task was not to act as a. tribunal to exemine complaints or verify the truth of certain allegations,, On the complex issue of a definition of indigenous populations, the Group had by common accord decided to use initially as a working: definition the one which had been proposed by Mr. Martlnes Cobo in his studs and which was contained in paragraph 108 of the Working Groupie reports Lastly,. Mrs. Dses drew the Sub-Commission's attention to the Plan of Motion adopted by the Group and reproduced in annea X to the report. 316 The study of the problem of discrimination .againse indigenous populations was very highly praised by the members of the Sub-Commission and by observers, who emphasised its great breadth and its contribution to the international community's awareness of the probien It was proposed that the study should be printed and publicized as widely as possible,,. Attention- was drawn to the conclusions and recommendations which were considered particularly .valuable, a few speakers elucidated and corrected certain points in the study E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 58 317. The report of the Working Group on Indigenous Populations was also greatly praised and the Group's methods of work were deemed vary useful- It was emphasized that a larger number of indigenous organisations had been represented at the Group's third session A number of speakers took the view that the Working Group should at this a tage embark on the formulation of concrete proposals regarding the development of the rules concerning the eights of indigenous populations. Emphasis was laid in particular on the elaboration of rules concerning land ownership With reference to the Question of the definition of indigenous populations, a number of speakers were of the view that a clear distinction should be drawn between the term "minorities" and the term "indigenous populations",, It was suggested that more intensive intersessional preparatory work should be undertaken in order to elicit the views of Governments and non-governmental organisations and to prepare consolidated documents for the Group's discussions. 318. Concern was expressed at the difficult and sometimes even degrading situation among indigenous populations in some countries, the Sub-Commisaion should find ways and means to lmprove their present situation. 319 . a number of speakers expressed their approval in principle for the establishment of a fund to allow indigenous populations to participate in the Group's work. Such a fund should assist those who did not have the financial means to attend the Group's sessions. Adequate participation by indigenous representatives should also be ensued is connection with the administration of the fund 320. Statements were made by the observers for Australia (31st meeting), Brazil 32nd meeting), Canada (31st and 32nd meetings), Guatemala 22nd meeting), Norway 31st and 32nd meetings) and the United States of America 22nd meeting). 321. The representative of the International Labour Organisation made a statement 02nd meeting). Statements were also made by the representatives of the following non-governmental organizations Anti-Slavery Society for the Protection of Human Sights 32nd meeting), Four Directions Council 31st meeting), International Indian treaty Counsel (32nd meeting), International League for the Sights and Liberation of Peoples 32nd meeting) and Women's International League for Peace and Freedom (32nd meeting). 322. On 29 August 1984. the draft resolutions contained in document E/CN.4/Sub.2/1984/L.41 were submitted by Mr. Alfonso Martinez and Mrs. Daes. 323. At its 37th meeting, on 30 August 1984, the Sub-Commission considered the draft resolutions. 324. At the same meeting, Mr. Joinet proposed amendments to the draft resolutions to delete the word "human" from the fourth preambular paragraph of draft resolution "A"1 and to' replace the words its forty-first session" by "each of its sessions in operative paragraph 9 of draft resolution "B". the amendments wars accepted by the sponsors. 325. At the same meeting. Mr. Deschenes3 Mrs, Gu Yijie, Mr. Martinez Baes and Mr. Mazilu requested that their names be added to the list of sponsors. 32S. At the same meeting, a statement of the administrative and programme budget implications was made by the Deputy Director of the Centre for Human Sights. 327 At the same meeting the draft resolutions, as amended, were adopted without a vote. 328. The text of the resolutions, as adopted appears in chapter XVIII, section A as resolutions 1984/35 A to C. E/CN.4/1985/3 E/CN. 4/Sub. 2/1934/45 page 59 XI. THE NEW INTERNATIONAL ECONOMIC ORDER AND THE PROMOTION OF HUMAN RIGHTS 529. The .Sub-Commission considered agenda item 11 at its 20th and 54th meetings, on 20 and 29 August 1984. 330. The Sub-Commission had before it the progress report by Mr. Asbjrn Eide on the right to adequate food as a human right (B/CN.4/Sub.2/1984/22 and Add.1-2), 331. Various speakers praised the seriousness with which the Special Rapporteur .had approached the subject and considered that the progress report constituted a very positive contribution to the study of this important topic. 332. A number of participants stressed the indivisibility and interdependence once of economic, social and cultural rights, on the one hand, and civil and political rights on the other, as well as the equal juridical weight of both International Covenants on Human Rights in international law. Reference was made to the fundamental interrelationship between the right to life and the right to food. Some members viewed the implementation of economic social and cultural rights, in particular the right to adequate food, as a prerequisite to securing civil and political rights. 333. One speaker, while appreciating the positive intent of the study, felt that it tended to disregard the juridical differences existing between the two categories of human rights. Civil and political rights could arid should be respected immediately, while economic, social and cultural- rights, including the right to adequate food, could only be implemented progressively, depending on available resources. In this view, therefore non-implementation of the right to food should not necessarily 'give rise to international responsibility of the States concerned. 334. According to various speakers, the inadequate implementation of the right to food, while related sometimes to lack of national efforts or national disasters, was rooted in the unjust economic order still prevailing in the world. The need for increased international solidarity .and co-operation to implement the right to food, in accordance with the International Covenant on Economic, Social and Cultural Rights, was stressed by many participants. Some speakers drew attention to inadequate distribution, rather than insufficient production, of food as an important aspect of the problem. 335. The vast potential food resources of the sea-bed were stressed by some participants, who urged ratification of the Convention on the Law of the Sea. 336. The Sub-Commission heard a statement by the representative of the Bata’s International Community, a non-governmental organization. Technical assistance: to strengthen legal institutions 337. Some members underlined the importance of the concept of international technical assistance to strengthen legal institutions and promote human rights, as stressed in Sub-Commission resolution 1983/58 and the Secretary-General's report (E/CN.4/Sub.2/1984/21). Regrets were expressed over the small number of government replies received. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 60 338. References were made, in particular, to the need for legislative assistance, and for the. adequate training of judges so as to develop their awareness of Human rights and; their will to defend them. The UNDP and other agencies of the United Nations system, in co-operation with the Centre for Human Rights, should increase their efforts to make technical assistance available to strengthen legal institutions. 339 On, 24 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L.19) was submitted by Mr. Al Khasawneh, Mr. Alfonso Martfnez, Mr. Bossuyt, Mr.. Chowdhury, Mrs.-Daes, Mr. Dahak, Mr. Descnenes, Mr. George, Mr. Despouy, Mr. Joinet, Mr. Martinez Baez, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr. Roche, Mr. Simpson, Mr. Sofinsky. Mr"': Takeraoto, Mr. Valdez Baquero, Mr. Whitaker and Mr. Yimer." 540. At the 54th meeting, on 29. August 1984, the draft resolution was considered. 341. At the same meeting, Mr. Bhandare became a sponsor of the draft resolution. 342. At the same meeting, a statement of the administrative and programme budget implications of the draft resolution was read out by the Deputy Director of the Centre for Human' Rights. 345. At the same meeting, the draft resolution, as revised, was adopted without .a yote, 344 The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1384/15. 545. on 24 August' 1984, a draft resolution (E/CN.4/Sub.2/1984/L.25) was submitted by Mr. Bossuyt,'Mr. Chowdhury, Mr.'Dahak' and Mr. Deschenes. 546. At the 34th meeting, on 29 August 1984, the draft resolution was introduced by Mr. Bossuyt. Mr. Alfonso Martfnez, Mr. Bhandare, Mr. Martinez Baez and Mr. Mazilu became sponsors. 347. At the same meeting, the draft resolution was adopted without a vote. 348. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/19. E/CN.4/1985/3 E/CN 4/Sub. 2/1934/43 Page 61 XII Slavery And slavery ******* A. QUESTION OF SLAVERY AMD THE SLAVE TRADE IN ALL THEIR PRACTICES AND MANIFESTATIONS, INCLUDING THE SLAVERY¬LIKE PRACTICES OF APARTHEID AND COLONIALISM; B. EXPLOITATION OF CHILD LABOUR 349. The Sub-Commission considered item 12 at its 30th, 36th arid 37th meetings held on 27 and 30 August 1984. 350- The Sub-Commission had before it the report on the mission to Mauritania (E/CN.4/Sub.2/1984/23), the report of the Secretary-General pursuant to Commission on Human Rights resolution 1984/40(E/CN.4/Sub.2/1984/24) and the report of the Working Group on Slavery on its tenth session (E/CN.4./Sub.2/1984/25 ). Report of the" Working Group on Slavery 351. Introducing the report of the Working; Group on Slavery, the Chairman Rapporteur of the Working Group said that the Working' Group had received, further information on violence in families which had resulted in the deaths of several women in certain countries and which should be a matter of concern to the United Nations. The. Working. Group had considered information on various slavery-like situations and the slave trade; female circumcision; '"servitude of domestic servants; , debt bondage; the. traffic in persons and'1'the exploitation of the prostitution of others; the exploitation of child labour and the sale of children; and apartheid and. colonialism". The Chairman-Rapporteur welcomed the presence of INTERPOL in the Working Group. He expressed his deep appreciation to the Government of Mauritania for its noble and exemplary attitude towards the mission to Mauritania and commended the expert in charge of the mission for the quality of his report. Finally, he expressed the hope that the conclusions and recommendations contained in the Working Group's report, including the" suggestion that the' Secretary-General should consider the possibility of communicating at the highest level with Governments, to' Urge them to ratify the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, would be adopted by the Sub-Commission. 352. The members of the Sub-Commission who spoke on the item congratulated the Chairman-Rapporteur and the .members of the Working Group on,, their work and on the excellent' report transmitted to the Sub-Commission.' According to some members', 'slavery and the slave trade had their roots in the colonial situation, as well is in economic dependence arid 'underdevelopment. ' Other, speakers stressed the fact that such abuses occurred in developing countries and developed countries alike. Attention was drawn to the urgent need to take effective measures to . ,,. eliminate the Exploitation of child labour',' debt bondage and the exploitation of the prostitution of others. '' "" 353 Some speakers "stated that serious violations" of the rights of women .and ', | children should be dealt with "as a matter of priority. 354- There was broad agreement on the conclusions and recommendations contained in the report of the Working Group. 355- The Chairman-Rapporteur of the Working Group thanked the members of the Sub-Commission and the observers for their comments. He noted that the Working Group's report had been the result of the joint efforts of all members of the Group. E/CN.4/1985/3 . E/CN.4/Sub.2/1984/43 page 62 Report on the mission to Mauritania 356. At its 30th.meeting, the Sub-Commission heard a brief statement by Mr. Bossuyt, the expert in charge of the mission to Mauritania. Introducing the report on the mission to Mauritania, Mr. Bossuyt first described the background to the mission, which had been granted extensive facilities by the Government of Mauritania and which had consulted the members of that Government and representatives of several groups in various parts of the country, He also drew attention to the observations he had made in the report and stressed the fact that the Government of Mauritania should be encouraged to intensify its efforts. 357- The observer for Mauritania said that the expert's report demonstrated Mauritania's willingness1 and the Sub-Commission's determination to work together to find appropriate solutions to those problem's. His country had, moreover, adopted a clear-cut policy on the question of slavery. He stated that the report bore witness to the Sub-Commission's effectiveness and the ability and merit of the expert who had been in charge of the mission. Lastly, he explained that the Government of Mauritania was determined to eradicate the consequences of slavery. The Sub-Commission should take account of that policy and of the economic and social problems which Mauritania faced. 358. Several speakers congratulated Mr. Bossuyt on his excellent report and expressed their appreciation to the Government of Mauritania for its positive and instructive attitude in that regard. It was stated that the case of Mauritania: should serve as a model and that the international community should take immediate, effective action to. eliminate all vestiges of slavery. 359. The expert thanked the members of t the Sub-Commission and the observers for, their comments. He requested that the report should be transmitted to the Government of Mauritania., and to other,' United Nations bodies. The success of l'w .the mission would depend on the follow-up to the report. 360. The following non-governmental Organizations made statements on the item: Anti-Slavery Society," International Federation of Women in Legal Careers, International Abolitionist Federation, Minority flights Group and International Movement for Fraternal Union among Races and Peoples. 36iv,'On 28 August 1984, a draft resolution (E/CN.4/Sub,2/l984/L.35) was ."/ submitted by Mr. Al Khasawneh, Mr. Chowdhury, Mr. Dahak, Mr. George, Mr. Joinet, Mr, Khalifa, Mr. Martinez Baez, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr. Roche, Mr. Simpson, Mr.' Takemoto', Mr. Uribe Portocarrero, Mr. Valdez Saquero, ' . Mr. Whitaker and Mr. Yimer. 362.'At its 36th meeting, on 30 August 1984, the Sub-Commission considered the draft resolution. Mrs. Daes became' a co-sponsor of the. draft resolution. 363. .At the same meeting, a statement of the administrative and programme budget implications was made by the Deputy Director' of the Centre for Human Rights. E/CN.4/1985/3 . E/CN. 4/Sub. 2/1984/43 Page 63 364. At the same meeting the draft resolution was adopted without a vote. 365- The text of the resolution appears in chapter XVIII, section A, as resolution 1984/28. 366. On 29 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L.39) was submitted by Mr. Al Khasawneh and Mr. Whitaker. 367. At its 37th meeting, on 30 August 1984, the Sub-Commission considered the draft resolution and adopted it without a vote. 368. The text of the resolution appears in chapter XVIII, section A, as resolution 1984/33. E/CN.4/1985/3. E/CN.4/Sub.2/1984/43 page 64 XIII. ENCOURAGEMENT OF UNIVERSAL ACCEPTANCE HUMAN Instruments. 369. The Sub-Commission considered agenda item 13 at its 35th and 37th meetings on 29 and 30 August 1934 370. The Sub-Commission had before it the following documentation: '(a ) anote by the: Secretary-"General containing a summary, of the, information submitted by .Governments.,, in accordance with Sub-Commission . resolutions 1 B (XXXII) 1983/2 (E/CN.4/Sub.2/1984/27 (b) a note by' the Secretary-General containing' additional. information submitted, by Governments., in accordance, with, Sub-Commission resolution 1933/27' (E/CN.4/Sub.2/1984/39); and'(c) the report of" tire sessional Working Group on the Encouragement of Universal Acceptance of Human" Rights Instruments (E/CN.4/Sub.2/1994/26). 370. In accordance with its resolution 1 B (XXXII) of 5 September 1979, the Sub-Commission, at its 3rd meeting held on 7 August 1984, established a sessional Working Group on the Encouragement of Universal Acceptance of Human Rights Instruments, consisting of Mr. M. Bossuyt, Mrs. Gu Yijie, Mr. C.,L, Mubanga-Chipoya, Mr. I. Tosevski and Mr. Antonio Jose Uribe Portocarrero, Mr. Bossuyt was re-elected Chairman/Rapporteur of the Working Group, 372. At the 35th meeting of the Sub-Commis3ion, the Chairman/Rapporteur of the sessional Working Group introduced the report of the Group. He drew the attention of the Sub-Commission to certain parts of the report, and explained, in particular, that the Group had examined all the replies received from Governments and had recommended the inclusion of the two Protocols Additional to the Geneva Conventions of 1949 in the list of human rights instruments under its terms of reference. 573- Members of the Sub-Commission commended and welcomed the report of the sessional Working Group. The recommendation to include the two Protocols Additional to the Geneva Conventions of 1949 was supported, and the view was expressed that the Convention relating to the Status of Refugees should also be included in the list of international human rights instruments. 374. A member suggested that the time may have come for the Sub-Commission to discontinue the work of the sessional Working Group on the Encouragement of Universal Acceptance of Human Rights Instruments, and to entrust the same responsibility to a designated member of the Sub-Commission who would prepare annually a report on the status of ratifications of the instruments for consideration by the Sub-Commission at future sessions. Another member supported that suggestion, but considered that the task of reporting annually to the Sub-Commission on the status and progress of ratification of, or accessions to, international human rights instruments could best be entrusted to the Secretary-General instead of a designated member. 375- On 29 August 1984, a draft resolution (E/CN.4/Sub.2/198A/L.44) was submitted by Mr. Bossuyt. 376, At its 37th meeting, on 30 August 1984, the Sub-Commission considered the draft resolution. Mr. Alfonso Martinez became a sponsor of the draft resolution, E/CN.4/1985/3 , E/CN./sub.2/1984/43 page 65 377. At the same meeting, Mr. Joinet proposed an insertion of a new paragraph as the last operative paragraph of the draft resolution, which read as follows: "10. Decides to suspend the work of the Working Group at its thirty-eighth ' session and to request the Chairman of the Sub-Commission to appoint at its thirty-eighth session one of its members to report to it at the said session on information received under the present resolution-" 378. At the same meeting, the amendment proposed by Mr. Joinet was adopted by 14 votes to 1, with 2 abstentions. 37?. At the same meeting,. Mr. Bossuyt orally revised paragraph 6 by replacing the words "to consider the possibility" by "to examine the idea". 380. At the same meeting, Mr. Sofinsky proposed the deletion of paragraph 6, which was rejected by 8 votes to 4, with 4 abstentions. 381. At the same meeting, the draft resolution, as amended, as a whole, was adopted by 18 votes to 1, with 1 abstention. 382. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1984/36. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 66 XIV". ELIMINATION OF ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION EASED ON RELIGION AND BELIEF ' 383. The Sub-Commission considered item 14 of its agenda at its 32nd, 33rd and 36th meetings, on 28 and 30 August 1984. 384. The Sub-Commission had before it the preliminary report prepared by Mrs. Odid-Benito, Special Rapporteur (E/CN.4/Sub.2/1984/28), 385. The item was introduced by the Assistant Secretary-General for Human Rights, at the 32nd meeting. 386. At the same meeting, the Special Rapporteur introduced her preliminary report. She outlined the historical background of the subject-matter and paid special tribute to the previous study prepared by Mr. Krishna swami and presented to the Sub-Commission in 1959. She stressed the importance of the item for the work of the Sub-Commission in promoting and protecting human rights and stated that she wanted to prepare a detailed analysis of the subject-matter based on Mr. Krishnaswarni's report and the mandate given to her by resolution 1983/31 of the Sub-Commission and resolution 1984/39 of the Economic and Social Council, taking into account all information received by the Special Rapporteur. Referring to the proposed outline .for the final report contained in her preliminary report, the Special Rapporteur underlined that when drafting the recommendations she would pay attention to educational measures to be taken at the national and international levels. As regards the questionnaire attached to the preliminary report, the Rapporteur expressed the hope that the discussion in the Sub-Commission would serve to improve the questionnaire which could then be sent to Governments, specialized agencies, intergovernmental and non-governmental organizations inviting their views and observations, in conclusion, the Special Rapporteur said that freedom of religion or belief could not be separated from other rights and freedoms, for religion or belief were always linked to the political, economic, social and cultural life of peoples. When studying the right to freedom of religion or belief, all the human rights and freedoms in their close interrelationship should be under consideration. 387. Members who spoke on this item expressed their appreciation to the Special Rapporteur for her preliminary report and the introductory statement. One member underlined the importance and complexity of the study. He emphasised the need for complete objectivity and for examining all the aspects of the subject, taking into account the existing social systems as well as existing forms of religious radicalism and situations based on religious exclusivism. Another member held the view that the relationship between State and Church in its different forms and the amity-faceted relations between different religious groups and communities had great importance and should be considered in the study. He suggested that the Special Rapporteur might wish to examine the documentation of the international seminar on this subject held in Nice in 1981. Another member, referring to alleged violations of the right to freedom of religion and belief in various parts of the world, expressed the hope that the report would help persuade Governments to implement the fundamental guarantees against discrimination based on religion or belief. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 67 388. In her concluding remarks, the Special Rapporteur thanked the members for their comments and stated that she intended to give them careful consideration. She requested the members, other participants in the session and organizations with special interest in this field to provide her with all available material which they might consider relevant to the study. 389. A statement was made by the observer for Israel (33rd meeting). The Sub-Commission heard statements by the representatives of the following non-governmental organizations: Baha'i International Community (33rd meeting), Four Directions Council (33rd meeting), International League for Human Rights (33rd meeting), Women's International Zionist Organizations (33rd meeting), World. Association for the School as an Instrument of Peace (33rd meeting), World Jewish Congress and the Co-ordinating Board of Jewish Organizations (33rd meeting). 390. On 29 August 1984, a draft resolution (E/CN.4/Sub.2/1984/L..43) was submitted by Mr. Roche. 391. At the 36th, meeting, on 30 August 1984, a statement of the administrative and programme budget implications was made by the Deputy Director of the Centre for Human Rights. 392. At the same meeting the .draft resolution was adopted without a vote. 393. The text of the resolution appears in chapter XVIII, section A, as resolution 1984/31 E/CN.4/1985/5 E/CN,4/Sub.2/l934/45 page 68 XV. PROMOTION, PROTECTION AND RESTORATION OF HUMAN RIGHTS IT NATIONAL, REGIONAL AND INTERNATIONAL LEVELS A. THE STATUS OP THE INDIVIDUAL AND CONTEMPORARY INTERNATIONAL LAW B. DRAFT BODY OF PRINCIPLES AND GUIDELINES ON THE RIGHT AND RESPONSIBILITY OF INDIVIDUALS, GROUPS AND ORGANS OF SOCIETY TO PROMOTE AND PROTECT /: HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS C. OTHER MATTERS: PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES (a) The status of the Individual, .and contemporary international law 394. The Sub-Commission considered agenda item 15 (a) "at it's'6th, 7th, 8th,' '9th and 33rd meetings on 8, 9, 10 and 28 August 1984. ' ''395. It had before it the progress report (E/CN.4/Sub.2/l984/29) by Mrs, Erica A. Daes, entitled "Status of the individual and contemporary international law", 396. Introducing her report and its provisional list of contents, the Special Rapporteur said that she had not been able to submit her final report at the present session because the replies of the Governments and organisations concerned to her questionnaire, on which she should base her study in accordance with her terms of reference, had been received late by the Centre for Human Rights. She added that she had still not'-'-' !' received replies from Governments -whose delegations had suggested that the study should be comparative and should take into account the doctrines and practices existing in various legal systems in the world. That was why she was submitting a progress report at the present session in the hope that members of the Sub-Commission and the organizations concerned would put forward suggestions which would enable her to continue her work and thus be in a position to submit her final report to the Sub-Commission at its thirty-eighth session. 397. The Special Rapporteur was of the opinion that the still ambiguous relationship between the individual and contemporary international law was becoming clearer as the international community became increasingly aware of the fundamental human values which underpinned domestic laws as well as the law of nations. She considered that international law was going through a transitional period at the end of which the individual would be recognized as a subject of rights and duties derived directly from international law, quite apart from domestic law. Her study sought to promote respect for human rights during this transitional period and its paramount objective would be to highlight and to strengthen the means of defence available to individuals, including their procedural capacity, within the framework of international human-rights law. In this respect, the Special Rapporteur considered that her study would be of great practical value and would contribute to strengthening the foundation for the protection and restoration of human rights at the national and international levels. 398. During the discussion of the item all speakers paid tribute to the outstanding ability of the Special Rapporteur and congratulated her on the progress report she had submitted to the Sub-Commission. Several speakers expressed the opinion that the study marked an important stage in the development of international law. They considered that since the Second World War, international law was no longer limited to relations between States, and the importance of the individual as a subject of law was growing. Some speakers said that the traditional concept of international law as being exclusively concerned with relations between States, thus according a privileged place to the notion E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 69 of the sovereignty of States, was perhaps one of the main, obstacles to the promotion of human rights, as shown, in their opinion, by the ;case of South Africa. Several speakers considered it essential to widen arid to assert the right of access of individuals to international organs to obtain effective remedies for violations of human rights attributable to States, 399. While expressing their appreciation of the progress report and expressing their great interest in the subject, various other speakers emphasized that in their opinion international law was and should remain essentially an inter-State system. In their opinion, States were the expression of organized national societies which guaranteed individual rights, and unduly to weaken them would only lead to giving power that might be excessive to various supra-national bodies too far removed from the needs of the individual, and to strengthening the freedom of action of multinational commercial corporations which ran counter to the promotion of human rights. 400. Many speakers commented on specific aspects of the progress report. Some of them thought that the planned sections of the final study on the historical background of the problem and the exposition of the various doctrines of international law could be shortened, so as to avoid overlapping with the activities of the International Law Commission and to keep the length of the study within reasonable limits. Others thought that problems like the status of individuals in traditional treaties of commerce and navigation should be taken into consideration. It was also suggested, .in particular,1 that account should be taken of the procedure for dealing with communications established by resolution 1503 (XLVIII) of the Economic and Social Council, as well as of new procedures giving access to the individual to international organs such as those provided for in. article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination and by the Convention on the Elimination of All Forms of Discrimination against Women.- It was further suggested that the innovative procedures of the American Convention on Human Rights should, he mentioned; that due attention should be paid to the problem of Statelessness; that legal persons should be included in the concept of "individuals" in the context of the study; and that slavery, the slave trade, genocide and apartheid,- as .well as the organized traffic in drugs, should be listed among the international crimes referred to in chapter 5 of the study, 401. One speaker, thought that the history and various theories of international law was essential for. the study.. He suggested that :the theory of Islamic law as well as :. the practice of Islamic States as represented by the numerous treaties among Moslim States on the one hand and Moslim States and others provided rich material from which ' the Special Rapporteur could draw for her study. 402. The Special Rapporteur expressed her appreciation of the constructive views put forward during the discussion and said that she would, take them fully into consideration when drafting the final report. 403. Statements were made by the. observer for Israel, and the representatives of the Pan-Africanist Congress of Asania., .a liberation movement and .of the following non-governmental organizations: Baha'i International Community, International Movement for Fraternal Union among Races and Peoples, 404. On 16 August 1984, a. abaft resolution (E/CN.4/Sub.2/l984/L.2) was submitted by Mr. Bhandare, Mr, Bossuyt, Mr, Chawdhury, Mr. Martinez Baez, Mr, Mazilu, Mr. Mubanga-Chipoya, Mr-.. Whit alter and Mr, Yimer. 405. At the 33rd meeting, on 28 August 1984 the draft resolution was introduced by Mr. Mubanga-Chipoya. E/CN.4/1935/3 E/CN. 4/Sub. 2/1984/43 page 70 406. At the same meeting, on the proposal by Mr, Sofinsky, the Sub-Commission decided, by 10 votes to J,, with 4 abstentions, to replace the paragraphs referring to and containing the draft resolutions recommended to the Commission on Human Rights and the Economic and Social Council for adoption by the following two operative paragraphs: "2. Requests the Special Rapporteur to continue her work on the above-mentioned study with a view to submitting her final report to the Sub-Commission during its thirty-eighth, session; 3. Requests the Secretary-General to give the Special Rapporteur all the assistance she may require to carry out her work. 407. At the same meeting) a statement of the administrative and programme budget implications of the draft resolution was made by the Deputy Director of the Centre for Human Rights 408. At the same meeting, the draft resolution, as amended, was adopted without a vote, 409- The text of the resolution, as adopted, appears in chapter ,XVIII, section A, as resolution 1984/2 (b) Draft- body of principles and guidelines on the right and responsibility of individuals, groups and organs of society to promote and protect human rights and fundamental, freedoms 410., The Sub-Commission considered item 15'(b) at its 9th and 33rd meetings on 10 and 28 August 1984. It had before it' the progress report submitted by Mrs, Erica A. Daes, Special Rapporteur (E/CN,4/Sub.2/l984/30). 411. Introducing her report. Mrs, Daes said that she had received only seven replies from Governments to her questionnaire concerning, her study. She therefore considered it appropriate to propose that the submission -of"; the final report and principles should be postponed to the thirty-eighth session' of the" Sub-Commission, whatever the number of replies received, Furthermore; Mrs. Baes said she would also take into consideration various United Nations studies and reports, in particular the preliminary report by the Secretary-General (E/CN,4/Sub.2/l982/l2), the study on the individual's duties to the community (E/CN.4/Sub.2/432/Rev.2), as well as other sources, especially studies by experts and scholars of established reputation, ' She stressed the need to send reminders in order to obtain further replies. 412. During a brief discussion, great appreciation was expressed to the Special Rapporteur for her statement, and emphasis was placed upon the breadth and the great complexity of the study, which required much research. It was therefore important to allow the Special Rapporteur the necessary freedom of action to carry out her task under her terms of reference., Some speakers expressed the wish that in their final stages the study on the status of the individual and contemporary international law and the studs'- on the draft body of principles and guidelines on the right and responsibility to promote and protect human rights should be considered together since conceptually they were closely related, 413, The Special Rapporteur thanked the speakers for their comments. She said that she would take them fully into consideration in the preparation of the two. studies which;, in her opinion, should remain separate in spite of the fact that they were interrelated in various ways E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 71 414. On 20 August 1984, a draft resolution (E/CN. 4/Sub. 2/l 984/L.3) was submitted by Mr. Al Khasawneh, Mr. Bhandare, Mr. Dahak, Mr. Deschenes, Mr. Joinet and Mr. Roche. 415. At the 33rd meeting, on 28 August 1984, the draft resolution was introduced by Mr. Roche. 416. At the same meeting, on the proposal by Mr. Sofinsky, the Sub-Commission decided without a vote to replace the third and fourth preambular paragraphs and the paragraphs referring to and containing the draft resolutions recommended to the Commission on Human Sights and the Economic and Social Council for adoption by the. following text: "Expressing its appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes for her preliminary report and the important work she has so far accomplished in connection with the elaboration of a study and a draft body of principles and guidelines on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, 1. Requests the Special Rapporteur to continue her work on the above-mentioned study and the draft body of principles and guidelines with a view to " submitting her final report to the: Sub-Commission at its thirty-eighth session; "2, Requests the Secretary-General to transmit as soon as possible a . reminder with copies of the relevant questionnaire to Governments, specialized. agencies and. other United Nations organizations, regional organisations, '"' ''"' intergovernmental organizations and non-governmental organisations which have not yet replied to the questionnaire, to submit, if they wish to do so, their. /''. comments, views and information to the Special Rapporteur; 3. Requests also the Secretary-General to give the Special Rapporteur all the assistance she may require to carry out her work." 417. At the same meeting, a statement of the administrative and programme budget implications was made by the Deputy Director of the Centre for Human Rights, 416. At the same meeting, the draft resolution, as amended, was adopted without a vote. 419. The text of the resolution, as adopted, appears in chapter XVIII, section A, as resolution 1964/3. (c) Other matters; i prevention of discrimination and protection of minorities 420. At its 6th meeting on 13 August 1984 the Sub-Commission requested Mr. Deschgnes to prepare guidelines on this question for its discussion at a later stage in the session, 421. The Sub-Commission considered item 15(c) at its 30th meeting, held on 27 August 1984. 422. The Sub-Commission had before it a note by the Secretary-General on "Other matters: Prevention of discrimination and protection of minorities" (E/CN. 4/Sub.2/1984/31). E/CN.4/1985/3 E/CN.4/Sub.2/19S4/43 page 72 423. Mr. Desohenes, the expert appointed to look into the question of defining the terra "minority", reminded the Sub-Commission that, in resolution" 1984/62 of 15 March 1984 the Commission on Human Rights requested the Sub-Commission to prepare a definition of; the term "minority" in relation to article 27 of the International Covenant on Civil and Political Rights, The Commission on Human Rights and the working group on persons belonging to minority groups had not agreed on a definition of the term minority". Referring to earlier studies and to the comments made on this question, the expert suggested the elimination from any definition of "minority" of the terms "indigenous populations", "non-citizens" and matters concerning the :-' relationships between the individual and the group to which he belongs Analysing the various definitions proposed for the term "minority", the expert proposed the following definition: "A group numerically smaller than the rest of the population of a State, in a non-dominant position, whose members - being citizens of the State -possess ethnic, religious or linguistic characteristics differing from those of the other members of the population and show, if only implicitly a sense of solidarity, directed towards preserving their culture, traditions, language or religion", 424. Following a brief discussion, one member of the Sub-Commission suggested, in accordance with rule 49 of the rules of procedure, that the debate should be adjourned until next year for reasons of time, 425. The members of the Sub-Commission decided in favour of adjournment of the debate on this question by.15 votes to 4, with 2 abstentions. 4264 The text of the decision appears in chapter -XVIII, section B, as decision 1984/101. E/CN.4/L965/3, E/CN.4/Sub.2/1984/43 Page 73 XVI. CONSIDERATION OF THE FUTURE" WORK OF THE SUB-COMMISSION AND OF THE DRAFT PROVISIONAL AGENDA FOR THE THIRTY-EIGHTH-SESSION OF THE SUB-COMMISSION 427. The Sub-Commission considered its agenda item 16 at its 38th meeting, on 51 August 1984. 428. The Sub-Commission had before it the following documents in -connection with its consideration of the item: (a) a discussion -paper -prepared by Mr, Tosevski (E/CN.4/Sub,2/1984/32) in accordance" with 'Sub-Commission 'decision 1984/9; ' (b) a note prepared by the Secretary-General (E/CN,4/Sub.2/l984/L.48) in accordance with paragraph 3 of Economic and Social Council resolution 1894 (LVII) of 1 August 1974, containing a draft provisional agenda for the thirty-eighth session of the Sub-Commission and listing the documents to be submitted under each item and the legislative authority for their preparation. 429. At its 34th meeting on 29 August 1984 the Sub-Commission had adopted resolution 1984/20 in which it decided to inscribe in the agenda of its thirty-eighth session a new item, "Human rights and disability". 430. At the 39"th meeting, on 31 August 1984. referring to the future work of the programme of the Sub-Commission and its draft provisional agenda (E/CN.4/Sub.2/l984/L.48), Mr. Whitaker proposed the inclusion of the following sub-items under item 15 (Promotion, protection and restoration of human rights at national, regional and international levels); . (d).' Prevention of Discrimination and protection of--children (e) Prevention" of Discrimination and protection of .women 451- At ""the same meeting, this proposal was' adopted without a vote 432. At the same meeting Mrs, Daes proposed, the adoption of a new' item 7, entitled "The gross violations of human rights and international peace", and the deletion of sub-item 7 (b): "The effects of gross violations of human rights' on international peace and security", which was adopted without a vote. 433- At the same meeting, the draft provisional; agenda (E/CN.4/Sub.2/l984/L.48) as amended, was adopted without a vote, 434. The text of the draft provisional agenda, as amended- for the thirty-eighth, session of the Sub-Commission reads as follows: 1. "' Election of officers. 2. Adoption of :the agenda 3. Review of the work of the Sub-Commission Report by the Secretary-General Report of the Working Group Legislative authority: Sub-Commission decision 2 (XXXIV) and Sub-Commission resoliition 1984-/37 E/Cn.4/1985/3 E/CN.4/Sub.2/1984/43 page 74 4. Review of further developments in, fields with which the Sub-Commission has "been concerned Reports "by the Secretary-General, ILO and UNESCO Report "by Mr. Whitaker Legislative authority: Sub-Commissions resolutions 5 (XIV) and 1984/1 5. .Elimination of racial discrimination (a) Measures to combat racism and racial discrimination and the role of the Sub-Commission Report "by the Secretary-General Report "by Mr, Eide Legislative authority: General Assembly resolution 3377 (XXX) and Sub-Commission resolution 1984/5 (b) Adverse consequences for the enjoyment of human rights of political military;, economic and other forms of assistance given to the racist and colonialist regime of South Africa Report by Mr. Khalifa Legislative authority; Sub-Commission resolution 1984/4 6, Question of the violation of human rights and fundamental freedoms, including -policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference :to colonial and other dependent countries and territories; Report of the Sub-Commission under Commission on Human Rights resolution 3 (XXIII) Report by Mr. Mubanga-Chipoya Legislative authority! Sub-Commission resolution 1984/21 7. The gross violations of human rights and international peace Report by the Secretary-General Legislative authority: Sub-Commission resolution 1984/30 8. Communications concerning human rights : Report of the "Working Group established under Sub-Commission resolution 2 (XXIV) in accordance with Economic and Social Council resolution 1503 (XLVIII) Confidential report of the Working Group and supporting papers. Legislative authority; Economic and Social Council resolution 1503 (XLVIII) and Sub-Commission resolutions 1 (XXIV) and 2 (XXIV) E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 75 9. The administration of justice and the human rights of detainees . (a) Question of human rights of persons subjected to any form of detention and imprisonment Reports "by the Secretary-General Report by Mr. Bossuyt Report by Mr. Joinet Report of the Working Group Legislative authority: Sub-Commission resolutions 1984/7', 1984/8) .1984/9,. 1984/10, 1984/13, 1964/16 (b) Individualization of prosecution and penalties and repercussions of violations of human rights on families (c) Study on the independence and impartiality of the .judiciary, .jurors and assessors and the independence of lawyers Report by Mr. Singhvi - Legislative authority; Sub-Commission resolution 1934/11 (d) Implementation of the right to derogation provided for under article 4 of the International Covenant on Civil and Political Rights and violations of human rights Report by Mr, Despouy legislative, authority; Sub-Commission resolution 1984/27 10. Human rights and scientific and technological developments Report of the Working Group Report by Mr. Joinet . Report by Mr. Dahak Legislative authority; Sub-Commission resolutions 1984/12 and 1984/17 11. Study of the problem of discrimination against indigenous populations Report of the Working Group Legislative authority; Sub-Commission resolution 1984/35 12. The New International Economic Order and the promotion of human rights Report by Mr. Eide Report by the Secretary-General Legislative authority; Sub-Commissions resolutions 1984/15 and 1984/19 E/CN. 4/1985/3/ - E/CN. 4/Sub. 2/19S4/43 page 76 13. Slavery .and slavery like _practices (a) Question of slavery and the slave trade in all their practices and manifestations including the slavery-like practices of apartheid and colonialism Report "by the Working Group on Slavery on its eleventh session Report "by Mr. Bossuyt Legislative authority; Sub-Commission resolution 11 (XXVII) and 1984/28 (b) Exploitation of child labour 14. Encouragement of Universal., Acceptance Human Rights Intrament Report by the Secretary-General Legislative authority: Sub-Commission resolutions 1 B (XXXII) and 1984/36 15. Elimination of all forms of intolerance and of discrimination based on religion or belief Report by Mrs. Odio Benito Legislative,' authority : Sub-Commission., resolution 1984/31 : 16. Promotion,, protection and restoration .of human .rights "at national, regional and international level (a), The status of the individual and contemporary international Report by Mrs Daes Legislative authority: Sub—Commission resolution 1984/2 (b) Draft body of principles and guidelires on the right and responsibility of individuals, groups and organs of society to promote and protect human rights and fundamental freedoms Report by Mrs". Daes Legislative..authority Sub-Commission resolution 1984/3 (c) Prevention of discrimination and protection :of minorities Paper by Mr. Deschenes Legislative authority: Sub-Commission "decision, 1984/101. Prevention of discrimination and protection' of children (d) Prevention of discrimination- and protection of women E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 77 17. Human rights and disability Report by Mr. Despouy Legislative authority: Sub-Commission resolution 1984/20 16, .Consideration of the' future work: of the Sub-Commission and of the draft provisional agenda for the thirty-ninth session of the Sub-Commission A note by the Secretary-General'. 19. Report of the thirty-eighth session Report of the Sub-Commission on its thirty-eighth session. 435. The question of the dates for the holding of the thirty-eighth session of the: , Sub-Commission was discussed. 436. At its 38th meeting, on 31 August 1984, the Sub-Commission decided without a. . vote to adopt a schedule similar to that of the their by seventh session. 437. The text of the decision appears in chapter XVIII, section B, as decision 1984/103. XVII. ADOPTION. OF 'THE, REPORT 438. At its 39th meeting, on 31 August 1984, the Sub-Commission considered "the . draft report of the work of the thirty-seventh session. 439. At the same meeting the draft report, as amended during the course of discussion, was' adopted,' as a whole, without a vote E/CN.4/1985/5 E/CN.4/Sub.2/1984/43 page 78 XVIII. RESOLUTIONS AND DECISIONS ADOPTED BY THE SUB-COMMISSION AT ITS THIRTY-SEVENTH~SESSION A. Resolutions 1984/1 Review of further developments in the fields with which the Sub-Commission has been .concerned 31/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Having discussed the preliminary revised and updated report 32/ on the question of the prevention and punishment of the crime. of genocide, submitted by the Special Rapporteur, Mr. Benjamin Whitaker, Expressing its thanks to the Special Rapporteur for his work in preparing the preliminary report, 1. Requests the Special Rapporteur to continue his work and to submit the final report to the Sub-Commission, at its thirty-eighth session; ' 2. Requests the Secretary-General to provide all possible assistance to the Special Rapporteur- so as to facilitate his work; . 3" Decides to consider the above-mentioned report at its thirty-eighth session, under the agenda item "Review of further developments -in fields with which the Sub-Commission has been concerned". 1984/2 The status of the individual and contemporary- international' law 33/ The Sub-Commission on Prevention of Discrimination and Protection of Mlnorities, Recalling resolution 18 (XXXVII) of the Commission on Human Rights by which the Commission recommended to the Economic and Social Council that it authorize the Sub-Commission Co appoint Mrs. Erica-Irene A. Daes as Special Rapporteur with the mandate of undertaking a study on the topic entitled "The status of the individual and contemporary international law", Recalling also its resolution 1985/17 of 5 September 1983 and Commission on Human Rights resolution 1984/41 of 12 March 1984, Having heard the introductory statement of the Special Rapporteur outlining the study and analysing its basic purpose, practical usefulness and table of contents, Having considered we progress report 34/ submitted by the Special Rapporteur, Mrs. Erica-Irene A. Daes, 1. Expresses its appreciation to the Special Rapporteur for her progress report, 35/ 31/ Adopted at the 33rd meeting, on 28 August 1984, without a vote. See chap- IV. 32/ E/CN.4/Sub.2/1984/40. 33/ Adopted at the 33rd meeting, on 28 August 1984, without a vote. See chap. XV. 34/ E/CN.4/Sub.2/1984/29. 55/ Ibid. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 79 2. Requests the Special Rapporteur to continue her work on the above-mentioned study with a view to submitting her final report to the Sub-Commission during its thirty-eighth session; 3. Requests the Secretary-General to give the Special Rapporteur all the assistance she may require to carry out her work. 1984 /3 Draft body of principles and guidelines on the right and responsibility of individuals, groups and organs of society to promote and protect human rights and fundamental freedoms 36/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolutions 1982/24 of 8 September 1982 and 1985/40 of 7 September 1985 by which it requested Mrs. Erica-Irene A. Daes to prepare a draft' body of principles and guidelines on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, Recalling also Commission on Human Rights resolution 1984/56 of 15 March 1934 on the above-mentioned topic, Expressing its appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes for her preliminary report 37/ and the important work she has so far accomplished in connection with the elaboration of a study and a draft body of principles and guidelines on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, 1. Requests the Special Rapporteur to continue her work on the above-mentioned study and the draft body of principles and guidelines with a view to submitting her final report to the Sub-Commission at its thirty-eighth session;; 2. Requests the Secretary-General to transmit, as soon as possible a reminder with copies of the relevant questionnaire to Governments, specialized agencies and other United Nations organizations, regional organizations, ' intergovernmental organizations and non-governmental organizations which have not yet replied to the above-mentioned questionnaire, to submit, if they wish to do so, their comments, views and information to the Special Rapporteur; 3. Requests also the Secretary-General to give the Special Rapporteur all the assistance she may require to carry out her work. 1984/4 Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa 38/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Having noted with' satisfaction the updated report 39/ submitted by the Special Rapporteur,' Mr. Ahmed Khalifa, 36/ Adopted at the 33rd meeting, on 28 August 1984. without a vote. See chap. XV. 37/ E/CN.4/Sub.2/1984/30. 38/ Adopted at the 33rd meeting, on 28 August 1984. by 19 votes to none, with 1 abstention. See chap. V. 39/ E/CN.4/Sub.2/1934/8 and Add. 1-2. E/CN4/1995/3 E/CN.4/Sub.2/1954/45 page 80, 1. Invites, in accordance with resolution 3.984/6 of 28 February 1984 of the _ , Commission on Human Rights and decision 1984/13G of 24 May 1984 of the Economic and Social Council, the Special Rapporteur, Mr. Ahmed Khalifa. (a) To continue to update, subject to annual review, the list of banks, transnational corporations and other organizations assisting the racist and colonialist regime of South Africa giving such details regarding enterprise's listed as the Rapporteur may consider necessary and appropriate, including explanations of responses if any, and to submit the updated report through the Sub-Commission to the Commission on Human "Rights; (b) To use all available material from other United Nations organs, Member States, specialized agencies and other intergovernmental organizations, non-. governmental organisations and other relevant sources in order to indicate the volume and nature of the assistance given to the racist regime in South Africa; (c) To initiate direct contacts with the United Nations Centre on Transnational Corporations and the Centre against Apartheid of the Secretariat with a view to consolidating mutual co-operation in updating his report; 2. Welcomes Commission on Human Rights resolution 1984/6 in which the Commission, inter alia, .called once again upon all Governments that have not yet done so, to take legislative, administrative and other measures, in respect of their nationals and the bodies corporate under their jurisdiction' that own and operate, enterprises in South Africa and Namibia, .with a view to putting a stop to their trading manufacturing and investing activities in South Africa, as well as online territory of Namibia illegally occupied by the racist Pretoria regime; "3. decides to consider the item entitled Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa" as a matter of high priority at its thirty-eighth session; 4. Recommends to the Commission on Human Rights the adoption of the following resolution: [For the text, see chap. I, sect. A, draft resolution ] 1984/5 Measures to .combat racism and racial discrimination and the role of the Sub-Commission .40/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recognizing that priority task:"of the Sub-Commission is to submit proposals to the Commission on Human Rights..on principle arid measures for the elimination of racism and racial discrimination, Noting the Programme of Action adopted by the Second World Conference to Combat Racism and Racial Discrimination and the plan of activities to be undertaken for the period 1985-1989, as proposed by the Secretary-General in accordance with .„_ General Assembly resolution 38/14 of 22 November 1983. in connection with the"" .w Second Decade to Combat Racism and Racial Discrimination. 40/ Adopted at the 33rd meeting, on 28 August: 1984, without a vote, , See chap. V. E/CN.4/1985/3 E/CN.4/Sub. 2/1984/43 page 81 Recalling its resolution 1983/10 of. 5 September 1983 in which the Sub-Commission had in particular endorsed the proposed series of studies and seminars contained in the Programme of Action adopted by the Second World Conference, Noting with satisfaction Economic and Social. Council resolution 1984/24 of 24 May 1984, which authorized the Sub-Commission to entrust Mr. Asbjorn Eide with tarrying out a study on the achievements made and obstacles encountered during the Decade, for Action to Combat Racism and Racial Discrimination,- 1. Recommends the implementation of the suggestions concerning education, teaching, training, dissemination of information, research, studies and advisory services contained :in the draft plan of activities for the period 1985-1939; 41/ 2. Emphasizes the need, in the preparation of any teaching materials and teaching aids against racism and racial discrimination, to give special attention to activities at the primary and secondary levels of education designed to remove derogatory references to race and xenophobia from all educational literature;, 3. Decides to consider at its thirty-eighth' session the question of its contribution to the implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination; 4. Draws attention to the fact that in a number of countries organizations founded on racism and preaching violence against one race or races continue to exist and expresses the wish that vigorous and effective and legal measures be taken against all the racist activities of such organisations. 1984/6 Question of the violation of .human rights and fundamental freedoms: The situation in Afghanistan 42/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Alarmed by continuing reports of grave human rights violations and sufferings in Afghanistan Gravely concerned by the systematic and continued bombardment of civilian targets in Afghanistan and the human and material losses inflicted oh the people of Afghanistan, and on refugee camps in Pakistan, 1. Requests the Commission on Human Rights urgently to call on the authorities in Afghanistan to put an end to the bombardment of the civilian population; 2. Further requests, the Commission on Human Rights to ask its Special 'Rapporteur on Afghanistan also to investigate the human and material losses resulting from the recent bombardments of the civilian population and to include his findings in, his report to' the Commission. 41/ A/39/167. 42/ Adopted at the 33rd meeting, on 28 August 1984, by 13 votes to 4, with 2 abstentions. See chapter VI„ E/CN.4/1935/3, , E/CN.4/Sub.2/1984/43 page 82 1984/7 The administration of justice and the human -rights | of _ detainees: Elaboration of a second optional protocol, .to- the International Covenant on Civil and_ Political Rights, aiming at the abolition of the death1' penalty 43 The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling General Assembly decision 55/457 of 15 December 1980 ;and General Assembly resolutions 36/59 of 25 November 1981 and 37/192"of 18 December 1982 'concerning the idea of elaborating a draft of a second optional protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty., . Mindful' ,of Commission on Human Rights resolution 1984/19 of 6 March 1984, in which the Commission invited, the Sub-Commission to consider the idea of elaborating a draft of a second optional protocol and to submit its views thereon to the Commission at its forty-first session, Taking note of the draft of the second optional protocol and the pertinent documents from the General Assembly and the Commission on Human Rights transmitted to the Sub-Commission, Haying had a preliminary exchange of views on the question of the elaboration of a second draft optional protocol, 1. Decides to continue the consideration, of -this question at its thirty-ninth session under a sub-item to the agenda item The Administration of Justice and the Human Rights of Detainees", entitled "Elaboration of a second optional protocol to the International Covenant on Civil and Political Rights, aiming .at the abolition of the death penalty"; 2. Recommends to the Commission on Human Rights the adoption of the., following resolution: [For the, text, see .chap,. I, sect. A, draft resolution II] 1984/8 The administration of justice and the human rights of -' detainees: Question of human rights of persons subjected to ,any form of detention and imprisonment 44/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Bearing in mind its resolution 1983/34. of 6 September 1983 approving the preparation of a study on amnesty laws and their role in the protection and promotion of human rights, 1. Expresses its appreciation to the Special Rapporteur, Mr. L. Joinet, for his preliminary report and the importance and usefulness of the excellent work he has so far accomplished; 43/ Adopted at the 33rd meeting, on 28 August 1984, without a vote. See chapter VIII. 44/ Adopted at the 35rd meeting, on 28 August 1984, without a vote. See chapter VIII. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 83 2. Requests the Special Rapporteur to continue to work on the; study with a view to submitting his final.-'.: report to .the; Sub-Commission .at' its thirty-eighth session; 3. Further rousts the Secretary-General to address reminders to Governments, specialized agencies, regional organizations intergovernmental organizations and non-governmental organizations which have not yet responded to the Secretary-General's letter of 2' December .1983:' risking them to communicate to the Special Rapporteur, if they so wish, their observations and views and documents relating to amnesty laws. 1984/9" The administration of justice and the human rights of detainees: The state of siege in Paraguay 45/ !' The Sub-Commission on Prevention of Discrimination and Protection of Minorities, . Bearing-; in mind the conclusion of the Special Rapporteur of the Sub-Commission on the status of human rights in situations of state of siege or emergency according to which the permanence of the state of siege may be an important cause of the degradation1 of human rights in a country. Recalling that by resolution 1984/46 of 13 March 1984 the Commission on Human Rights endorsed the resolution 1983/28 of 6 September 1985 by which the Sub-Commission requested the Commission to invite the Paraguayan Government to consider .ending the state of' siege in force for the past thirty years in order to encourage the promotion of, and the respect for human rights in the country. Being aware that the state of siege is being used in Paraguay on a permanent basis through its extension every three months since 1954 ''' " Taking note of the statements made by the Paraguayan-Government, before the Commission on Human Rights at its fortieth session about an eventual project for the 'abrogation of the state of siege in that country. Considering that this measure could be strongly facilitated by an amnesty which, by allowing the liberation of the political prisoners and the return of those in r-exile, would mean full observance of article 21 of the Universal Declaration of Human Rights, 1. Requests the Commission on Human Rights" to recommend to the Government of Paraguay to persevere in its aim to co-operate with the Commission with a view to ending the state of siege, and to consider enacting a measure of amnesty allowing the participation of all in the public affairs of the country; 2. Also requests the .Secretary "General to transmit to the Sub-Commission at its thirty-eighth session-information available concerning .new developments on the question of putting an and to the state "of siege in -.Paraguay. 45/ Adopted unanimously at the; 33rd "meeting, on'28 August" 1934, by 19" votes to none with no abstentions. See chap= VIII. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 84 1984/10 The administration of justice and the human rights of detainees .46/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolution 1983/24 of. 5 September 1983'by which it asked the Secretary-General to address a note verbale to Governments and a letter to specialized agencies regional organizations, and non-governmental organizations requesting their views and comments, and to prepare, for presentation to the Sub-Commission during its thirty-seventh session, an analysis of state policies and practices regarding restraints on the use of force by law enforcement officials and military personnel based on these replies Expressing its appreciation to the Secretary-General for the report 47/ prepared on the basis 'of replies received from eleven Governments, four specialized ...agencies, one regional intergovernmental organization, and two non-governmental organizations, Concerned by reports of recent incidents in. various countries that raise questions as to the adequacy of restraints on the use of force by law enforcement officials and military personnel, Believing that the possibility of mutual benefit from a comparative study of restraints on such use of force justifies further analysis of additional replies from Governments, specialized agencies, and regional, intergovernmental, and. non-governmental organizations, 1. Requests the Secretary-General: (a) to transmit, as soon as possible, a reminder with copies of the relevant questionnaire to those Governments, specialized agencies and other United Nations organizations, and regional, intergovernmental, and non-governmental organizations that have not yet replied to this questionnaire, with a request that they submit, if they wish to do 30,, their comments, views, and information in reply; (b) to transmit, copies of such replies, when received, to the members for 1984 of the Working Group on Detention; (c) to prepare a. further analysis based on these replies, to be presented to the Sub-Commission during its thirty-eighth session; "\.:-" 2. Requests the 1984 Chairman/Rapporteur of the Working Group on Detention, in consultation with the other members for 1984 of the Working Group: (a) to review the analyses that are contained in document E/CN.4/Sub,2/1984/14 and that shall be prepared pursuant to paragraph 1 supra, as well as the further replies received pursuant thereto; (b) to prepare, for presentation to the Sub-Commission at its thirty-eighth session, concise conclusions and recommendations, based on these analyses and on other reliably attested information available to him, 46/ Adopted at the 34th meeting, on 29 August 1984, without a vote. See chap. VIII. 47/ E/CN.,4/Sub.2/1984/14. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 85 1984/11 The administration of justice and the human rights of detainees: Study on the indupondence and impartiality,.; of the judiciary jurors and assessors and the independence of lawyers 48 The Sub-Commission on Prevention of Discrlmination and Protection of Minorities, Recalling decision 1980/24 of 2 May 1980'of the Economic and. Social .Council,, Recalling its resolution 1983/38 and its-decision 1983-/6, of 6 September 1983, Having considered the preliminary and progress reports 49/ submitted by the Special Rapporteur, Dr. L.M. Singhvi, in 1980, 1981 and 1982," 1. Requests the Special Rapporteur to submit his final report to the Sub-Commission at its thirty-eighth session; 2. Decides to consider the report at its thirty-eighth session as a matter of priority with a view to the elaboration of a draft body of principles. 1984/12 Human rights and scientific and technological developments 50/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Mindful of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which recognize the protection of privacy as a fundamental right, Recalling the relevant provisions of the Proclamation of Teheran 51/ and the resolutions of the General Assembly and the Commission on Human Rights concerning human rights and scientific and technological developments, Noting that the use of computers, which now extends to most regions of the world, is an important factor for progress provided that it is accompanied by suitable guarantees, in particular in the case of files intended for processing data concerning the private life of individuals, Having endorsed by its decision 1983/8 of 7 September 1983, the conclusions of the study of the relevant guidelines in the field of computerized personnel files submitted to it at its thirty-seventh session by Mr. Louis Joinet, Special Rapporteur, and approved by the Commission at its fortieth session by its resolution 1984/27 of 12 March 1984, 48/ Adopted at the 34th meeting, on 29 August 1984, without a vote. See chap VIII. 49/ E/CN.4/Sub.2/L.731, E/CN.4/Sub.2/481 and Add.l and E/CN.4/Sub.2/1982/23- 50/ Adopted at the 34th meeting, on 29 August 1984, without a vote, See chap. IX. 51/ Final Act of the International Conference on Human Rights, Teheran, 22 April to 13 May 1968 (United Nations publication, Sales No. E.68.XIV.2), chapter II. E/CN.4/1985/5 E/CN.4/Sub. 2/1984/43 page 86 Responding: to -the request addressed by the Commission to the Sub-Commission in that resolution to consider, taking into account existing studies, measures which could be taken in this area for the promotion and realization of human rights. 1. Requests the Secretary-General to transmit to Member States and to all relevant international organizations the provisional draft guidelines annexed to the present resolution with a request that they should submit their views thereon; 2. Requests the Special Rapporteur, taking account of the information received, to submit to the Sub-Commission at its thirty-eighth session, the proposed final guidelines in the field of computerized personnel files. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 87 ANNEX SEEP OF GUIDELINES IN THE FIELD OF COMPUTERIZED PERSONNEL PILES I. Set of minimum rales on which" national legislation should be "based- Principle of fairness;' Information about persons should not he collected or processed in unfair or unlawful ways. ' Principla of accuracy Persons responsible for data files have an obligation to check the accuracy of the data recorded, and to ensure that they are kept up to date. Principle of purpose specification; The main purpose which a file is to serve should he known before it is established in order to make it possible subsequently to check whether; (a) The personal data collected and recorded are relevant to the purpose to be served ' " (b) The personal data are not used for purposes other than those for which- .-the file was intended; (c) The period for which the personal data are kept does' not exceed that which would enable the objective for which they were, recorded to be achieved'. Principle of openness: Measures should be taken to ensure that any person may be in'' a position to know, of the existence of a personal data file. Principle of individual i access: Everyone,, irrespective .of nationality or place of residence, has the right to know whether information .concerning him is being processed and, if the need arises, to obtain a copy ,of it in an intelligible form, without undue delay or expense, and to have appropriate rectifications or erasures made in the case of erroneous,' unlawful or inaccurate entries. Principle of security; Appropriate measures should be taken to ensure the essential security of files and of access to restricted, information. . Departures from the application of one or other of these principles may be admitted in the -case of security files (police, defence courts, intelligence) medical files , scientific and: statistical data and press files, provided that the limits of the exceptions are specified and are embodied in laws or special regulations promulgated in accordance with the juridical system of each State. Information on racial origin, sexual preferences political opinions, religious or philosophical convictions "or trade-union .membership , should not be recorded; departures from these prohibitions should not be authorized except ... by law and must be accompanied-by appropriate safeguards The foregoing principles and rules should, at the .very least, apply to public or private computerized files containing data relating to natural persons. Special provisions might be made to extend the application of these provisions to manual data systems, E/CN.4/1985/3 E/CN.4/Sub . 2/1984/43 page 88 II. Application of the minimum rules to files of international organizations, and agencies The internal statutes, and. rules of international organizations and agencies should make provision, as concerns their own personnel files, for the application of the principles of fairness, accuracy, purpose specification, openness, individual access and security. A supervisory authority, collegiate or not, set up under a procedure offering adequate guarantees of impartiality, should be appointed within each organization or agency to advise those responsible for the operation of data files and to ensure effective enforcement of the rules established by internal statutes and rules. 1984/13 The administration of justoes and the human rights of detainees 52/ The Sub-commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolution 1983/23 of 5 September 1983, by which it requested the Working Group on Detention to prepare a first draft of a Declaration Against Unacknowledged Detention of Persons, Recalling further its resolution 1982/10 of 7 September 1982, Commission resolutions 1983/20 of 22 February 1983 and 1982/24 of 10 March 1982, and General Assembly resolution '33/173 of 20 December 1978 all of which addressed the problem of unacknowledged detention, Noting the provisions of various international human rights 'instruments, in particular, articles 3t 5t 9, 10, 11, and 13 of the Universal Declaration of Human Righted and articles 6, 7, 9. 10, 14, and 23 of: the International Covenant on Civil and Political Rights, which highlight the illegality of unacknowledged detentions that are conducted or tolerated by States, Convinced thereby' that unacknowledged detention of persons is inadmissible conduct on the part of any State Member of the United Nations, Deeply concerned by the many recent cases of involuntary disappearances- -and-other unacknowledged detentions of persons, '1, Thanks the Working Group on Detention for the work it has accomplished , during the thirty-seventh session of the Sub-Commission towards the adoption of a Draft Declaration Against the Unacknowledged-Detention of Persons; 2. Requests the Working Group on Detention to prepare, on the basis of the documents submitted to" the Group and the comments made by its members, other members of the Sub-Commission, and representatives" of specialized agencies and non-governmental organizations, a revised version of the Declaration Against the Unacknowledged Detention1 of Persons, and to submit the draft to the Sub-Commission for review and possible revision at its thirty-eighth session, for submission to the Commission on Human Rights at its forty-second session; ,3. Requests the Secretary-General to provide the Sub-Commission and its Working Group on Detention with any available documentation for the foregoing purposes. 52/ Adopted at the 34th meeting, on 29 August 1984, without a vote. See Chap. VIII. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 89 . 1984/14 Question of the violation of human rights and fundamental freedoms: , The situation in the Islamic Republic of Iran 53/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolutions : 10 (XXXIII) of 10 3 opt ember 1980, 8 (XXXIV) of 9 September 1981, 1982/25 of 8 September-'1982 ana 1933/14 of 5 September 1983, Welcoming Commission on Human Rights resolution 1984/54 of 14 March 1984, in which the Commission, inter alia.) expressed its deep concern at the continuing serious violations of human rights and fundamental freedoms in the Islamic Republic of Iran as reflected in the report of the Secretary-General, and particularly at the evidence of summary and arbitrary executions, torture, detention without trial, religious intolerance and persecution, in particular of the Baha is, and the lack .of an independent judiciary and other recognized safeguards for a fair trial, 1. Expresses its alarm at reports of„continuing. gross .violations of human rights and fundamental freedoms in the Islamic Republic of Iran, in particular of political, ethnic and,. national groups such as the Kurds, and of the Baha'i religious community 2, Welcomes with satisfaction the decision of the Commission on Human Eights to appoint a special representative1 whose mandate will be to establish contacts with the Government of the Islamic Republic of Iran'1 and to: make a thorough study of the human rights situation in that country based on such information as he may deem relevant, including comments and materials provided by the Government,; containing conclusions and appropriate suggestions, to be presented to "the Commission at its forty-first session; 3. "Decides to request the 'Secretary-General to bring to the attention of the Commission on Human Rights' and its special representative the information received by the Sub-Commission concerning the grave violations of human rights and fundamental freedoms in the Islamic Republic of Iran and of the action,, taken by the Sub-Commission in this Blatter; 4. "'' Requests the Secretary-General to inform the Sub-Commission, at its thirty-eighth session, of the actions of the special representative of the Commission and of the deliberations of the Commission on Human Rights on this matter, as well as of any "consideration which may be given to it by the General Assembly or the Economic and Social Council, 1984/15 -The- new international economic order- and the promotion of '''human rights- The right to adequate' food 54/ The Sub-Commission, on Prevention of Discrimination and Protection of Minorities, Recalling resolution 1333/149 of 27 May 1983 of the Economic and Social Council in which it' authorized the' Sub-Commission to entrust Mr. Asbjrn Eide with the preparation of a study on the right to adequate food as a human right, Recalling farther Sub-Commission resolution 1983/29"'of '6 September 1983 in which it expressed its profound satisfaction to the Special Rapporteur for the approach chosen in the outline of the said study, 53/ Adopted at the 34th meeting, on 29 August 1934. by 14 votes to 1, with 6 abstentions,. See chap. VI. 54/ Adopted at the 34th meeting, on 29 August 1984, without a vote. See chap, 21. E/CN. 4/1985/3 E/CN.4/Sub.2/1984/43 page 90 Having examined the progress report 55/ submitted by the Special Rapporteur, Mr. Asbjrn Eide, Recognizing the importance of the study on the Eight to Adequate Food as a . . Human Right, Expressing its appreciation to the Special Rapporteur Mr. Asbjrn Bide for his progress report and the excellent -work he has so fax accomplished, 1. Requests the Special Rapporteur to continue his work on the above-mentioned study with a-;view to submitting Ms final report to the Sob-Commission at. its thirty-eighth session;. 2, Requests the Secretary-General to give the Special Rapporteur all the assistance he may require to carry out his work, 1934/16 The administration of justice and the human rights of detainees: Question of human rights of persons subjected to any form of detention or. imprisonment 56. The Sub-Commission on Prevention of Discrimination and Protection of Minorities, . Recalling that in its resolution 1983/34 of 6 September 1983 the Sub-Commission emphasized the importance that the promulgation of amnesty laws could have for safeguarding and promoting human rights and fundamental freedoms, Taking into consideration the conclusions of the preliminary report prepared by Mr. Louis Joinet, Special Rapporteur on amnesty laws, which stress the positive nature of the amnesty process currently under way in Colombia, Welcoming the initiative taken by the Government .of Colombia in co-operation with other democratic sectors and other parties concerned, Considering that this valuable precedent should be encouraged, since it progressively transforms a process of conflict into a momentum for peace, creating conditions for national reconciliation, inasmuch as it takes into account not only the effects but also the economic and social, causes of the situation, Requests the Special Rapporteur to include in his final report the evolution of the current amnesty process and its effects in regard to the safeguarding and promotion of human rights and, fundamental freedoms. 1984/17 Human rights and scientific and technological developments; Prevention and Suppression of Unlawful Human Experimentation 57/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Considering the Declaration on the use of Scientific and Technological Progress in. the Interests of Peace and for the Benefit of Mankind adopted by the 55/ E/CN.4/Sub.2/l984/22 and.Add.l-2. 56/' Adopted at the 34th meeting, on 29 August 1984, without a vote. See chap. VIII. 57/ Adopted at the 34th meeting, on 29 August 1984, without a vote. See chap. -IX. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 91 General Assembly in its resolution 3384 (XXX) of 10 November 1975 which, called on all States to co-operate for the development of measures to prevent the utilization of science in a maimer detrimental to the rights of man, fundamental freedoms, and the dignity of the person, Considering the General Assembly's resolutions 3281 (XXIX) of 12 December 1974 and 34/168 of 17 December 1979 transmitted ..through the Secretary-General to Member States to report on the world Health Organization Code of Medical Ethics, 58/ Mindful of resolution 1984/27 of' 12 March 1984 of the Commission on Human Eights which requested the Secretary-General to consider areas in which studies' could be , undertaken on the moat effective ways and means of using the results of scientific and technological development for the promotion and realization of human rights and fundamental freedoms, Taking- into account and expressing its appreciation of the Report on the Study on the Question of Persons Detained on the Grounds of Mental Ill-Health or suffering from Mental Disorder entrusted to Mrs. Erica-Irene Daes by the Sub-Commission by its resolution 11 (XXXIII) of 10 September 1980, Noting the final report on relevant guidelines in the field of computerized personal files presented to the Human Rights Commission by Mr. Louis Joinet, Concerned that the effects of scientific and technological developments on human rights and fundamental freedoms have both beneficial and harmful aspects, Recommends the following draft resolution to the Commission on Human Rights for adoption: [For the text, see chap. I, sect. A, draft resolution III] 1984/18 Human Eights and Scientific and Technological Developments 59/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Mindful of resolution 1984/27 of 12 March 1984 of the Commission on Human Rights, -which requested the Secretary-General to consider areas in which studies- could be undertaken on the most effective ways and means of using the results of scientific and technological development for the promotion and realization of human rights and fundamental freedoms, Recalling the final report 60/ on relevant guidelines in the field of computerized personal. files by Mr. Louis Joinet presented to the Commission on Human Rights Considering that information on all aspects of human rights, both civil and political" and social, economic and cultural rights, is essential to the universal promotion and protection of. human rights. 58/ A/35/372 and Add.1-3. 59/ Adopted at the 34th meeting, on 29 August 1984, without a vote.. See chap. IX' 60/ E/CN.4/Sub.2/1983/18. E/CN. 4/Sub.2/1984/43 page 92 Considering also that the rapid increase of interest in human rights coincides with the rapid development of information technology, Recommends the following draft resolution to the Commission on Human Rights for adoptions [ For the text, see "chap. I, sect. A, draft resolution IV] 1984/19 The New International Economic Order and, the Promotion of Human 'Sights 61/ "The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Convinced that the strengthening of legal institutions is a prerequisite for the promotion and respect of human rights, Recalling, its resolutions 1982/6 of 7 September 1932 and 1983/58 of 6 September 1983; Recalling Commission on Human Rights resolutions 30 (XXXVII), 31 (XXXVII), 1982/37/1983/32, 1983/33, 1983/47 and 1984/44, 1" Requests the Secretary-General to invite those Governments receiving aid from the .United Nations Development Programme to. indicate their specific.;"needs in the following .areas;. (a) the- establishment .or strengthening of law faculties; (b) the development of adequate law libraries of schools, judges and lawyers and other auxiliaries of justice; (c) the training of judges (d) drafting of legal texts in conformity with the provisions of .international instruments of human rights; (e) publication of official law journals; (f) collection and classification of legal material including legislation and digests of court decisions; 2. Requests the Secretary-General to invite the resident representatives of the United Nations Development. Programme to undertake .contacts with the Governments of their respective duty stations, if necessary, with a view to securing as many replies as possible from Governments to the above-mentioned requests for information; 3. Requests the Secretary-General to request -Governments, specialized agencies of the United Nations and regional organizations providing official development assistance to States to indicate the extent to which they provide or are willing to provide the assistance outlined in paragraph 1 above; 4' Requests the Secretary-General to prepare a report on the basis of the information provided in response to paragraphs 1 and 3 above and to submit the report to the Sub-Commission at its thirty-eighth session and to provide the 61/ Adopted at the 34th meeting, on 29 August 1984, without a vote. See chap. XI. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 93 Special Rapporteur on the independence of judges, lawyers, jurors and assessors with a copy of "the report as soon, as it is available and to keep the Special Rapporteur apprised of the work being done in this regard 1984/20 Question of the violation of human rights and fundamental freedoms The human rights of disabled persona 62/ The Sub-Commission on Prevention of discrimination and Protection of Minorities, Recalling its resolutions 1982/1 of 7 September 1982 and 1963/15 of 5 September 1983, and the Commission on Human Rights resolution 1984/31 of 12 March' 1984 Recognising its obligations under the world Programme of Action Concerning Disabled Persons adopted by the General. Assembly in its resolution 57/52 of , 3 December 1982, Having regard to the Declaration on the Rights of Mentally Retarded Persons, 6.3/ the Declaration on the Rights of Disabled Persons 64/ and the Declaration on the Rights of Deaf- BIind Persons, 65/ Committed to the principles of .pretention of disability caused by human rights and humanitarian law violations and the principle of equality, full-participation and, independent living -for: disabled persons,-, Deeply concerned by documented gross violations of human rights affecting .. disabled persons and incidence of disability, Convinced that a study of human rights and disability will be .a document of significant value to the international community, Governments and disabled persons, 1. Decides to appoint Mr. Leandro Despouy as Special Rapporteur to undertake the comprehensive 3tudy requested by the Economic and Social Council in its resolution, 1984/26 of 24 May 1984 2. Requests the Special Rapporteur to include in his study consideration of and recommendations, regarding at least; (a) Human-rights and humanitarian law violations that result in disability or have a particular impact on disabled persons; (b) Apartheid, as it relates to disability; (c) All forms of discrimination against disabled persons (d) Institutionalization and institutional abuse; (e) Economic, social and cultural rights as they relate to disability62/ Adopted at the 34th meeting, on 29 August 1964, without a vote. See chap VI. 63/ General Assembly resolution 2856 (XXVI). 64/ Ibid., 3447 (XXX). 65/ Economic and Social Council decision 1979/24 annex. E/CN.4/1985/3 E/CN. 4/Sub. 2/1984/43 page 94 3. Further requests the Special Rapporteur to take .account in his study of any relevant information received from Governments, specialized agencies regional international organisations and non-governmental organizations, paying particular attention to the views of organisations of disabled persons; 4. Further requests the Special Rapporteur to include on a preliminary basis, an outline- of the topic of scientific experimentation as it relates to disability; 5. Further, requests the Special Rapporteur to present to the Sub-Commission at its thirty-eighth session for its consideration the proposed study to- be presented to the Commission on Human Sights at its forty-second session; 6. Requests the Secretary-General to provide all necessary assistance to Mr. Leandro Despouy for the completion of this task; 7. Decides to inscribe on the agenda of its thirty-eighth session an item . entitled "Human rights and disability". 1984/21 Question of the violation of human-rights and fundamental freedoms: The right to leave any country including one's own and the right to return to one's own country 66/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolutions 1982/23 of 8 September 1982 and 1983/5 of 31 August 1983, Recalling also Commission, resolution 1984/37 of 12 March 1984, Having considered the preliminary report 67/ and the questionnaire submitted ' by the Special Rapporteur, Mr. Mubanga-Chipoya 1. Expresses its appreciation to the Special Rapporteur for his report and' his excellent introductory statement; 2. Requests the Special Rapporteur to continue his important -work -in order.. to present to the Sub-Commission at its thirty-eighth session for its consideration a progress report on the aforesaid matters and at its thirty-ninth session his-final report, including recommendations for promoting and encouraging respect for and observance of that right; 3. Requests the Secretary-General to provide all necessary assistance to the Special Rapporteur for the completion of this task. 66/ Adopted at the 34th meeting, on 29 August 1984, without a vote; See' chap. VI 67/ E/CN.4/Sub,2/1984/10. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 95 1984/22 Question, of the violation of human rights and fundamemental freedoms The. penalty of amputation .68/ The Sub-Commission or Prevention of Discrimination and Protection of Minorities:, Noting the existence in various countries of legislation or practices providing for the penalty of amputation, Recalling article 5 of the' Universal" Declaration of Human Rights Recommends to the Commission on Human Rights to urge Governments, which have such legislation or practices-"to take appropriate, measures to provide for- other punishment consonant -with" article 5. 1984/23 Question of the violation of human rights- and fundamental freedoms: The situation in Guatemala 69/ The Sub-Commisaion on Prevention of Discrimination and Protection of Minorities, Guided by the principles embodied .in the Charter of the United Nations, and in particular, in the preamble to the Universal Declaration of Human Rights, 70/ which calls for the protection of human rights "by law, Recalling' decision .12 .(XXXV) of 14 March 1979, of the Commission on Human Rights, as well as Commission resolutions 32 (XXXVI) of 17, March 1980; 33 (XXXVII) of 11 March 1981; 1982/31 of 11 March 1982; 1983/37.of 8 March 1983; and 1984/53 of 14 March 1984 in which deep concern is reiterated for the persistent reports concerning massive violations of human rights in Guatemala, Taking note of the elections which took placation 1 July 1984 and of the electoral schedule for the coming year Taking into account resolution 37/134 of 17 December 1982 and 38/100 of 16 December 1983 of the .General:- Assembly, -and resolutions 1982/17 of 7. September 1982 and 1983/21 of 5 September 1983 of the Sub-Commission Observing -with concern that traditional discrimination against the indigenous population, who constitute the: majority of the total population of the country, is now accompanied Toy a series of restrictive measures tending to exert -control over the rural indigenous population - ] Recognizing that today in Guatemala there exists an armed conflict of a non-international character, which stems from economic, social and political factor 'of a structural nature, and that within that conflict, -governmental- forces have not made progress in complying with the. standards of 'international humanitarian law-, 1. Expresses its deep concern with the serious," increasing and systematic violations of human rights in Guatemala, in particular acts of violence against the 68/ Adopted at the 35th meeting, on 29 August 1984 by 10 votes to 5. With 9 abstentions. See chap, VI. 69/ Adopted at the 35th meeting, on 29 August 1984, without a voter See chap. VI. 70/ General Assembly resolution 217 A (III). E/CN.4/1935/3. rt . E/CN.4/sub. 2/1984/45 page 96 civilian non-combatant .population, including acts of torture, involuntary or forced disappearances and massive extra-judicial executions, as well as displacements of rural and indigenous populations and their confinement in militarized hamlets in violation of the right to freedom of residence, and the incorporation of ...the population into civilian patrols, organized and controlled by the Army; 2. Exhorts, once, again, the Government of Guatemala to take effective measures to ensure that all authorities and dependencies, including its security forces, observe total respect of the human rights and fundamental freedoms of its citizens; 3. Invites, in this respect;,' the Government of Guatemala to clarify in an efficient manner the destiny of all those persons who have disappeared since the outset of the conflict, forbid clandestine prisons, sanction the authors of acts of torture, ensure effective enforcement of the right of habeas corpus' and take measures to free and provide care-to imprisoned persons; 4. Calls upon all parties concerned in the conflict to 'ensure application of the humanitarian law applicable in this type of conflict' in particular the Geneva Conventions 71 and its Additional Protocols; 72 5. Expresses its profound conviction that the. solutions to the crisis will be greatly facilitated by allowing the people of Guatemala freely to determine its political, social and economic future without foreign interference and in a climate devoid of intimidation and terror as set out in article' 1 of the International Covenant on Economic, Social and Cultural Rights, Urges in consequence, the Government of Guatemala to carry out the electoral schedule and to improve the guarantees that all political forces be allowed to participate in the presidential elections to be held in July 1985. taking appropriate measures to eliminate the climate of intimidation which preceded the elections to the National Constituent Assembly on 1 July 1984; 6. Further urges all Governments to abstain from providing arms or other kinds of military assistance as long as serious violations of human rights continue in Guatemala; 7. Invites the Special Rapporteur to take due account of the situation of the indigenous population, as well as all reports submitted to the Sub-Commission, which it will forward to him, and any other relevant data furnished him. 71/ United. Nations, .Treaty Series,, vol. 75, -.Nos. 970-973 72/ International Committee of the Red Cross Protocols additional to the Geneva Conventions of 12 August 1949 (Geneva, 1977) p. 89. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 97 1964/24 Question of the violation of human rights and fundamental freedoms'; The situation 'in Bats Timor 73/ The" Sub-Commission on Prevention of "Discrimination and Protection of Minorities., Recalling its resolutions 1932/20 of 8 September 1982 and 1985/26 of 6 September 19&5 concerning the situation of East Timor ... Preoccupied by new facts put forward-regarding: the suffering to -which the: people "of East Timor continue to be subjected, because of the situation which ,.. persists in ,the territory, Taking' note with satisfaction of the new spirit of co-operation of which the authorities have given proof, in accordance with the wishes of the Sub-Commission in order to "facilitate .the entry into the- territory of international" aid :to relieve - the people of East Timor, “especially for the reunification of families 1. Welcomes the report presented by the .Secretary-General 74/ regarding the question of East Timor; 2. - Requests the Secretary-General to continue, his effort's to encourage all parties concerned, including' the administering Power, to co-operate in order to achieve a durable solution taking into full consideration the interests of the people of .East Timor 3. .Requests the Indonesian authorities ;to -facilitate without. restrictions the activities of humanitarian .organisations in East Timor; 4. Recommends therefore to the Commission on Human Rights to study carefully at its forty-first session the. evolution of the _situation of human rights and fundamental freedoms in Bast Timor. . 1984/25 The administration of justice and the human rights of detainoes The situation in Uruguay 75 The Sub-Commission oh Prevention of Discrimination_atid Protection of Minorities, Wel coming the process begun in Uruguay for the liberation of persons detained and/or sentenced for alleged offences against the security of the Stats and internal order, Noting with satisfaction that the .Government of Uruguay has adopted measures with a view to the restoration of the democratic system and the full exercise of human rights and fundamental-freedoms Noting also. with interest that. 25 November. 1984 has been fixed as the date. for:-holding national elections, 73/ Adopted at the 55th meeting, on 29 August 1984. by 8 votes to 1, with 11 abstentions. See chap. VI 74/ A/39/361, 75/ Adopted at the 36th meeting, on 50 August 1984, by 17 votes to none, with 5 abstentions. See chap. VIII. E/CN.4/1985/5 E/CN. 4/Sub, 2/1934/45 page 98 Observing nevertheless -with regret and concern that measures are still in force which stand in the way of the full exercise of political rights by Uruguayan citizens; as in the case of the political "ban on citizens and parties not as yet authorized to participate in those elections, Concerned by the fact that Mr. "Wilson Ferreira Aldunate, designated by one of the most important political forces in Uruguay as candidate for President of the Republic continues to be deprived of his liberty, thereby preventing a. considerable sector of the population from exercising its political rights to .the full and putting at risk the rights laid down in article 25 of the International Covenant on Civil and Political Eights, Deeply' concerned by information to the .effect that the charges against' Mr. Wilson Ferreira Aldunate are basically related to his activities/ in the field of human rights, 1. Appeals, to the Government of Uruguay to respond positively to the concerns indicated by the Chairman of the Commission on Human Sights "in his telegram dated 17 July 1984 to the Government of Uruguay and requests the Chairman of the Commission on Human Rights to pursue this matter further, taking into account the present resolution; 2. Expresses its confidence that the Government of Uruguay .will continue to make efforts in conjunction with the political forces in the country to achieve the full restoration of democratic institutions, and will continue to adopt measures designed to restore the full exercise of human rights and fundamental freedoms; 3. Urges the authorities to. speed up the process of setting free persons detained and/or sentenced for alleged offences against the security of the State and internal order 4. Urges the Government of Uruguay to lift the restrictions on political rights affecting citizens and political parties, in order that truly free, -democratic elections-may be held 5 Likewise urges the Government of Uruguay to set Mr. Wilson Ferreira Aldunate free once and fox all and to remove any restrictions on political, rights' affecting him; 6, Recommends to the Commission on Human Rights to urge the Secretary-General to use his good offices with a view to verifying the information 'according to which the charges against Mr, Wilson Ferreira Aldunate include that of "having made requests before specialized agencies of the United nations", and to inform the Chairman of the Commission on Human Rights of the results of his endeavours. E/CN.4/l985/3, E/CN.4/Sub.2/1984/43 Page 99 1984/26 Question of the violation of human rights and '' fundamental freedoms:, The; situation in El Salvador 76/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities. Guided by the principles of 'the-Charter of the United Nations, the Universal . Declaration of Human Rights, the international Covenant oh- Civil and Political Eights ' and the humanitarian rules of war contained in the Geneva Conventions, Recalling that, in its resolution 38/101 of 16 December.. 1983 the General Assembly expressed its deepest concern at. the fact .that, the gravest violations of human rights are persisting in El Salvador, Bearing in mind that, in its resolution 1984/1.52 of 14 March 1984. the Commission on Human Eights reiterated'"-its strong appeal to the Government of..'.' El Salvador to fulfil its obligation towards its citizens and to assume its international responsibilities in this regard by talcing the necessary .steps, to. ensure that human rights and fundamental freedoms are fully respected by all' its agencies, Recognising that in El Salvador an: armed conflict not of an international,... character is now occurring in which Government forces are violating the Geneva Conventions by systematic attacks on rural populations that are not military objectives, Believing that efforts to establish a climate of protection of human rights' would be more easily obtained if all States abstain from intervening in the internal situation in El Salvador and- suspend all supplies of weapons and any type of military- assistance",' Regretting that, to date, dialogue between the Government and the representative political forces is at a standstill because of the former's refusal to resume the talks, in spite of the reiterated appeals of the General Assembly and the Commission on Human Eights for a comprehensive negotiated political solution Observing that, although some improvements have been made in the situation of human rights, as of this date the Salvadorian Government continue to .commit;. grave and systematic violations, above all in it's non-compliance with the Geneva ,Conventions, 1. Recommends that, in spite of the change of Government in El Salvador the Commission continue to examine the human rights situation and compliance with the Geneva Conventions; 2. Requests the Special Representative to pay particular attention to the reports of continued and systematic bombing of the civilian population by Government forces; 3. Suggests “that :the Commission repeat its appeal to the parties in the conflict to resume talks without delay to seek a comprehensive negotiated political solution that will guarantee respect for human rights and fundamental freedoms; 76/ Adopted at the 56th meeting, on 30 August 1984, by 14 votes to 1, with 7 abstentions. See chap., VI„ E/CN.4/1985/3 E/CN.4/1984/43 page 100 4. Urges all States to abstain from intervening in the internal situation in El Salvador and to suspend all supplies of arms .'-and. any type of military assistance and support, so as to allow the restoration of peace and security and the establishment of a negotiating mechanism that will make for a comprehensive political solution; 5. Requests- the Secretary-General to report to the Sub-Commission at its thirty-eighth- session on the work of the Representative of the Commission and on;" the deliberations of the General Assembly and the. Commission relating thereto. 1984/27 The administration of justice and the human rights' detainees, 77/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolution 1993/30..of 6 September 1983, Wishing to implement decision 1984/104 of 6 March 1984 and resolution 1983/13 of 22 February. 1983 of the Commission on Human Rights and resolution 1979/34 of 10 March 1979 of the Economic and Social Council, Believing that the. issues raised in its resolution 1933/30 are of sufficient importance and complexity .to. warrant an in-depth preliminary analysis, Having noted the report of its Working Group on Detention, Noting with regret that lack of time has prevented preparation of the annual report to the Commission, containing well-founded information on the respect for national and international rules governing the legality of the declaration of a: state of exception and a list of those States in which a state of exception has been declared or terminated, as called for in decision 1984/104 of the Commission on Human Rights, 1. Requests Mr. Leandro Despouy to prepare an explanatory paper on the ways and means in which preparation of such work can best be achieved in the future, and to submit it to the Sub-Commission and its Working Group on Detention at its thirty-eighth session; 2. Further requests the Secretary-General to provide Mr. Despouy with such - assistance as he may need in performing the above-mentioned work; 3. Recommends to the Commission on Human Rights the adoption of the following resolution: [For the text, see chap. I, sect. A, draft resolution V] 77/ Adopted at the 36th meeting, on 30 August 1984 without a vote, see chap. VIII. -';. E/CN.4/l985/3 E/CN.4/Sub.2/1984/43 page 101 1984/28 Slavery and -slavery like practices Mission to Mauritania 78/ ' The Sub-Commission on Prevention of Discrimination and Protection... of Minorities, Recalling Economic and Social Council decision 1982/129 of 7 May 1982 by : which the Council authorized the Chairman of the Sub-Commission to appoint two of its members to visit Mauritania in order to study the situation prevailing in that country with regard to slavery and the slave trade and to study the country's needs in the struggle to end those practices, Recalling also, Commission on Human Rights resolution 1982/20 of 10 March 1982, by which the Commission accepted the proposal of the Sub-Commission pursuant to the invitation by the Government of Mauritania, to send a delegation of no more than two persons to be appointed by its Chairman in consultation with the Government of Mauritania,. to that country, Recalling further its resolution 16 (XXXIV) of 10 September 1991, by which it recommended to the Commission on Human Rights a mission to Mauritania, Having considered the report of the mission to Mauritania prepared by its expert, Mr., Marc Bossuyt, 79/.- 1. Expresses its appreciation to the Government of the Islamic Republic of Mauritania. for. inviting a mission of the Sub-Commission to visit Mauritania, for the facilities placed at the mission's disposal during its stay in Mauritania, enabling it to meet freely with a great variety of persons and for its exemplary co-operation with the United Nations in this matters 2. Expresses further its high, appreciation to the expert for his excellent and valuable report; 3. Decides to request the expert to present his report to the Commission on Human Rights at its forty-first session; 4. Recommends the .following draft resolution to the Commission on Human Rights for adoption: [For the text see chap. I, sect. A, draft resolution VI] 78/ Adopted at the 56th meeting on 30 August 1984, without a vote, See chap. XII. 22/ E/CN.4/Sub. 2/1964/23. E/CN.4/1985/3 E/CN. 4/Sub, 2/1984/43 page 102 1984/29 Question .of the violation of ...human rights and . fundamental freedoms The situation in Chile 80 The Sub-Commission on Prevention. of Discrimination and Protection of. .Minorities Bearing in mind its resolutions 1982/19 of 8 September 1982 and 1983/19 of 5 September 1983 and resolution 1984/63 of 15 March 1984 of the Commission on Human Rights, Taking into account the reports by the Special Rapporteur of the Commission on Human Rights, Considering the recent information which confirms the persistence. of systematic violations of human rights in Chile, Deploring the fact that the peaceful demonstrations organized by democratic : groups continue to be violently repressed, with the consequent loss of numerous lives, Deeply concerned by the situation of human rights in general and by the situation of the indigenous peoples in-particular, Especially disturbed by the impunity enjoyed by the forces of repression, particularly the National Information Agency (CNI), Concerned also by the recent legislative measures . taken by the Chilean, authorities which considerably limit and restrict the freedoms established in different international instruments to- which Chile is a party 1. Urges the Chilean authorities to put an end to all the measures of repression, to torture and to cruel, inhuman or degrading treatment; -v 2. "' Calls upon the Chilean authorities to. identify the persons responsible for the disappearances, torture and cruel, inhuman or degrading treatment, and to punish the guilty; 3. Calls likewise upon the Chilean authorities to respect civil, political, economic, social and cultural rights, including those of the indigenous peoples, notably as regards their lands and cultural identity? 4. Recommends to the Commission on Human Rights to address an urgent appeal to the Chilean authorities to respect and promote human rights in conformity with the international instruments to which Chile is a party, and to co-operate with the Special Rapporteur of the Commission. 80/ Adopted at the 36th meeting, on 30 August 1984. without a vote. See chap. VI, E/CN.4/1985/3 E/CN.4/Sub.4/1984/43 Page 103 1984/30 The effects of gross viola-felons of human rights on international peace and security 81/ The Sub-Commission on Prevention of discrimination .and Protection of Minorities, Recalling that in resolutions 1982/7 of 19.: February 1982, 1983/43 of 9 March 1985 and 1984/3 of 12 March 1984 the Commission on Human Rights reaffirmed that all peoples and all individuals have an inherent right to life, and that the safeguarding of this foremost right is an. essential condition for the enjoyment of the entire range of economic, social and cultural, as well as civil and political, rights, Also recalling, that in the said resolutions the Commission expressed its profound concern that international Peace and security continues to be threatened by the arms race, particularly the nuclear arms race. and stressed the urgent need to make every effort to strengthen peace, remove the threat of war, particularly nuclear war, halt the arms race and achieve general and complete disarmament under effective international control and prevent violations of the principles of the Charter of the United Nations s ' Taking into account that in the contemporary world the relationship between the full realisation of human rights and questions of peace and security is emerging auto sharper focus Convinced that the .maintenance.- of international peace and security for all peoples' and individuals is vital for social and economic progress and for the full realisation of human rights and vice versa Recalling further its . resolution 1983/32 of 6 September 1983, Having: considered the report 82/ of the Secretary-General on the subject- matter,, Taking note of the comments made by Governments and non-governmental organizations on the communications addressed to thorn by the Secretary-General pursuant to Sub-Commission resolution 1983/32 of 6 September 1983, 1, Expresses its appreciation to the Secretary-General for the very comprehensive and important report he has prepared in accordance with the aforementioned, resolution 2. Stresses the threat that the arms, .race, particularly the nuclear arms race, poses for the achievement of social and economic progress and for the universal realisation of all human rights; 3, Requests the Secretary-General to prepare a guide to conventions and resolutions adopted and reports published by the United Nations relating to the adverse consequence of the arms race, particularly the nuclear arms race, for the universal realisation of human rights? and to submit this guide to the Sub-Commission at its thirty-eighth session; 8l/ Adopted at the 36th meeting, on 30 August 1984, without a vote.. See chap VI. 82/ E/CN.4/Sub, 2/1984/11 E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 104 4. Further, requests the Secretary-General to ;transmit, as soon as possible, a reminder to Governments and non-govermental: organizations which have not yet commented on the communication sent to them pursuant to paragraph 4 of resolution 1983/32 of the Sub-Commission ;to submit, if they wish to do so, their comments, views and information to the Secretary-General? and to prepare a progress report, taking into consideration all the' replies received and the comments made by the members of the Commission and" the Sub-Commission at its thirty-eighth sessions 5 Decides to continue the discussion of this matter as a subitem under item 6 of the agenda of its thirty-eighth session. 83/ 1984/31 Elimination of all forms of intolerance and of ''discrimination based on religion or belief 64 The, Sub-Commission on Prevention of discrimination and Protection of Minorities, Having discussed; the preliminary report 85/. on the question of the current dimensions of the problems of intolerance and of discrimination on grounds of religion or belief,, submitted by the Special Rapporteur, Mrs. Elisabeth Odio-Benito, Expressing its thanks to the Special Rapporteur for her work in preparing the: preliminary report, 1 Requests the Special Rapporteur to continue her work and to submit a progress report to the Sub-Commission, at its thirty-eighth session and a final report at its thirty-ninth session; 2, Requests the Secretary-General to provide all possible assistance to the Special Rapporteur so as to facilitate her work? 3. Decides to consider the above-mentioned report at its thirty-eighth session, under the agenda item ''Elimination of All Forms of Intolerance and Discrimination Based on Religion or1 Belief 1984/32- Question of the violation of human rights and fundamental freedoms; The situation in Sri Lanka 86 The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Deeply concerned about the recurrence of violence in Sri Lanka which resulted in severe loss of life and property, Recognising the ultimate responsibility of the Government of Sri Lanka for the protection of all sections of the community, 83/ See item 7 of the provisional agenda for the thirty-eighth session. 84/ Adopted at the 36th meeting, on 30 August 1984 without a vote, See chap. XIV. 85/ E/CN.4/Sub.2/1984/28. 66/ Adopted at the 37th meeting, on 30 August 1984. by 11 votes to 3, with 6 abstentions. See chap, VI E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 105 Appreciating decision 1984/111 of 14 March--1934 of .the Commission on Human Eights in which it appealed to the parties' to -continue to take all necessary measures to strengthen and maintain peace and restore harmony among the people of Sri Lanka and -welcomed all measures for rehabilitation and reconciliation, Anxious that the All Party Conference convened "by the Government will achieve the progress ardently hoped for in the direction of resolving or reducing the ethnic tension in the country Expresses the hope that the Government of Sri Lanka will submit information on the progress made in the investigation of the incidents, and the recent efforts to promote communal harmony, to the Commission on Human Rights at its,, forty-first session - 1984/35 Slavery and slavery like practices 87 The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Having considered the report ;of the Working Group on Slavery, submitted at its thirty-seventh session, : Gravely concerned at the evidence of the perpetuation and. even the recrudescence of various slavery-like practices in many parts of the worlds 1. Takes note with appreciation of the report of the Working Group on Slavery; 2. Considers that it would he useful for the Working Group on Slavery to adopt the practice of reviewing at each-session developments in the situation considered by it in previous years; ... 3. Recommends that wider use be made of mass media to inform peoples of the extent of the problems considered by the Working Group and develop awareness of their rights and responsibilities in. the struggle against slavery and slavery-like practices 4- Considers further that expert seminars should be held to carry out an exchange of experiences regarding the struggle against slavery and ..the slave trade in all their practices and manifestations, including the slavery-like practices of apartheid and colonialism 5. Recommends the following resolution to the Commission on Human Rights for adoption For the text see chap I, sect. A, draft resolution VII 87/" Adopted at the 37th meeting, on 30 August 1984. without a vote, See chap. XII. E/CN,4/l985/3 E/CN.4/Sub,2/1934/43 page 106 1984/34 Question of the violation, of human rights ..- and fundamental freedoms; The situation in South Africa sand Namibia 88 The Sub-Commission on Prevention ;of Discrimination and Protection, of Minorities, Recalling that in resolution 1984/5 of 28 February 1984 the Commission .on " Human Eights expressed its abhorrence of the system of apartheid and of the gross violations of human rights in South Africa and Namibia, and called for the release of all political prisoners , especially those -who have been incarcerated for long terms, Further recalling that in that same resolution the Commission reaffirmed that any constitutional arrangements., such as the so-called reforms to the South African Constitution, -which are' based on racial segregation and discrimination and which deny full citizenship rights to the. majority black .population as a whole, constitute" "a" denial of """their fundamental rights, serve to perpetuate apartheid and are unacceptable, Reiterating that apartheid is a crime against humanity, Bearing in mind that' in resolution 554 (19.84) of 17 .August 1984 the Security Council declared the so-called "new constitution" in South Africa as contrary to the principles of the Charter of the United. Nations, the referendum of 2 November 1983 as devoid of validity, and as null and void the "elections" that .were ...scheduled to take place in August 1984 Aware that notwithstanding the above-mentioned decisions the apartheid. regime of South Africa continues to deny the black population "the most fundamental human right to determine .their own destiny and has carried out its plans and that one of the said "elections" took place on 22 August 1984 in spite of their overwhelming, repudiation by those; who were supposed to participate -in them, and that yet another . stage of this kind of election is scheduled for 28 August 1984, Taking note with indignation of the mass arrests of political activists, students and workers who expressed their rejection of said elections, among them Messrs. Gumede and Lakota, -President and General-Secretary of the United Democratic Front, Messrs. Sewpersadh and Naidao, President and Vice-President of the Natal Indian Congress, Mr. Jassat, Vice-President of the Transvaal Indian Congress, "and Mr. Nair, a leader of the African National Congress of South Africa just, released from a twenty-year term of imprisonment on Robben Island 1. Reaffirms that apartheid is an international crime and that the apartheid regime is both illegitimate and contrary to the Universal Declaration of Human lights; 2. Expresses its repudiation of all efforts of the illegitimate South African regime to perpetuate its apartheid policies by means of insidious manoeuvres to further entrench white minority rule such as the so-called "new constitution" and the "elections" scheduled for the current month; 88/ Adopted at the 57th meeting, on 30 August 1994 by 16 votes to none, with 2 abstentions. See chap. VI. E/CN.4/1985/3 E/CN.4/Sub.1984/43 page 107 3, Strongly,, condemns the mass arrests of political activists, workers and students that preceded and are following the said elections; 4 Demands the instant cessation of the campaign of mass terror launched "by the racist authorities against those trying to fully exercise their civil and political rights in South Africa and Namibia; 5. Further demands the instant release of all political prisoners, including all persons subject to banning, house arrest and "banishment, and of those recently arrested for their opposition to the so-called "elections'' 6. Requests the Secretary-General to give the widest possible dissemination to the present resolution 1984/35 Study of the problem of discrimination against indigenous populations 89 Study of the problem of discrimination against indigenous populations The Sub-Commission on Prevention of discrimination and Protection of Minorities, Recalling its resolution 1983/33 of 6 September 1983, Having examined the report submitted by the Special Rapporteur, -Mr. Jose R. Martinez Cobo,, contained in document E/CN.4/Sub.2/476 and Add. 1-6, E/0N.4/Sub.2/l982/2 and Add.1-7, and E/CN.4/Sub.2/1983/21 and Add.1-8, Recalling that in resolution 1589 (L) of 21 Kay 1971, the Economic and Social Council invited the Sub-Commission to suggest national and international measures for the elimination of discrimination against Indigenous populations, Convinced that the report constitutes a reference work of definitive usefulness" for indigenous populations, scholars, national organizations and international bodies concerned with the rights of indigenous populations and, in particular,, for the future work on this question of the Sub-Commission and its Working Group on Indigenous Populations, , Bearing in mind that in, accordance with the criteria adopted for the study, as contained in paragraph 58 of document E/cN.4/Sub.2/L,566, it was intended not only to serve the Sub-Commission, as a source for drafting its recommendations on this matter, but also to inform world .public opinion and, therefore, that it deserves the -widest possible dissemination, 1. Expresses' its appreciation, to the Special Rapporteur for his excellent and exhaustive study, which constitutes an invaluable contribution to the clarification of ,the basic legal, social, economic and cultural problems of indigenous populations; 89/ Adopted at the 37th meeting, on 30 August 1984. without a vote See chap. X. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 108 2. Decides to consider Mr. Martinez Cobo's conclusions, proposals and recommendations as an appropriate Source for its future work on this question and for the work of its Working Group on Indigenous Populations; 3. Decides to transmit the study to the Commission on Human Rights at its forty-first session and to draw the attention of the Commission to the conclusions, proposals and recommendations contained in document E/CN,4/Sub.2/1983/21/Add.8; 4. Requests the Special Rapporteur to present his study to the Commission on Human Rights at its forty-first session 5. Requests the Commission on Human Rights to transmit the study to all States Members of the United Nations, the specialized agencies particularly the International Labour Organisation, World Health Organization, Food and Agriculture Organization of the United- Nations and Unaited Nation Educational Scientific and Cultural Organization, the. International Atomic-Energy Agency, United Nations bodies concerned and all non-governmental organizations concerned with human rights issues, drawing their attention to its conclusions, proposals and recommendations, and requesting them to submit any comments they may wish to make, to the Secretary-General ,for transmission to -the -Working Group on Indigenous Populations at its fourth session, and to the Sub-Commission at its thirty-eighth session; 6.'Recommends the adoption of the following resolution by the Commission on Human Rights: For the text, see chap, I, sect. A, draft resolution VIII Report of the Working Group on indigenous population The Sub-commission on. Prevention of Incrimination and Protection of Minorities, Recalling resolution 1982/34 of 7 May 1982 of the Economic and Social Council, authorizing the establishment annually -of a Working Group on indigenous Populations, Having -examined the report 90/ of' the Working Group on its third session held from 30 July to 6 August 1984, Taking, into account the views expressed in the course of the Working Group's session and in the discussion of its report, 1. Expresses its appreciation to the Working Group and in particular to its Chairman-Rapporteur Mrs. Erioa-Irene Daes and its satisfaction for the valuable information gathered by the Working Group during its third session and recognizes the need for the continuation of a broad approach and flexible' methods of work; 2. -Further, expresses its great appreciation for the increased, active and constructive participation of government observers, representatives of specialized agencies, non-governmental organizations, and in particular of representatives of indigenous peoples1 organizations 3 90/ E/CN.4/Sub.2/1984/20, E/CN.4/l983/3 E/CN.4/Sub.2/1984/43 page 109 3. Warmly welcomes the decision -taken "by some Governments to "be represented at the third session at cabinet minister level or by high-ranking of faicials 4. Endorses the Plan of Action adopted by 'the Working Group for its future. work, contained in annex I to the report; 91 5. Requests that the Secretary-General circulate as soon as possible, the Working' Group's report, and the conclusions, proposals and recommendations contained in the final report of the Special Rapporteur, Mr,. Jose R. Martinez Cobo, to Governments specialized agencies and United Nations bodies concerned, organizations of indigenous peoples and ether interested non-governmental organisations, for comments and suggestions, in anticipation of its fourth session in 1985; 6. ' Requests -the Wording Group to consider elaborating, as appropriate, analytical papers with a view to their subsequent circulation to interested observers, analyses of basc issues such as the legal fecundations of indigenous rights in general, as well as draft principles relating to land rights; 7. Requests the Working Group henceforth to focus its attention on the preparation of standards on the rights of indigenous populations and to relate its consideration of developments affecting the rights of indigenous populations to the process of preparing international standards thereon; 8. Requests the Working Group to consider in 1935, in addition to the question already scheduled in its fourth session, the drafting of a Body of Principles on Indigenous Rights based on relevant national legislation, international instruments and other juridical criteria; 9, Reiterates its recommendations that the reports of the Working Group be made available to the Commission on Human Rights at each of its sessions ; 10. Requests the Secretary-General to give all necessary assistance to the Working Group in discharging its tasks; 11. Decides to include in the agenda of its thirty-eighth session as a matter of high priority an item entitled "The Discrimination against Indigenous Populations", C "United Nations Voluntary Fund for indigenous, populations Recalling its resolution 1982/31 of 10 September 1982 and 1983/37 of 6 September 1983, Further, recalling resolutions 1983/23 of 4 March 1983 and 1984/32 of 12 March 1984 of the Commission on Human Rights, Having examined the report 92/ of the Working Group on Indigenous Populations on its third session, 91/ See the annex to the present resolution,, 92/ E/CN.4/Sub.2/1984/20. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 110 Taking into account the views expressed during' the deliberations of the Working Group and in the Sub-Commission at its current session with respect to the' possible establishment of a voluntary fund for facilitating the participation of representatives of indigenous populations in future sessions of the Working Group, Taking also into account the note-prepared by the Secretary-General on this issue, 93/ 1. Decides that the establishment of such a fund constitutes a significant development for the future promotion and protection of the human rights of indigenous populations; 2. Further decides to recommend the adoption of the following resolution "by the Commission on Human Rights- at its forty-first session: [For the text, see chap, I, sect,' A draft resolution VIII] -93/ E/CN.4/Sub,2/1983/20. E/CN.4/1985/3 E/CN.4/SUB.2/1984/43 page 111 ANNEX 94/ PLAN OF ACTION FROM 1985 ONWARDS 1. (a) This plan of action for the Working Group is indicative only and. the sequence' of priorities may. be changed at later sessions; (b) the issue of treaties will be discussed., whenever pertinent, in connection with any theme. Each year Under the item "Other matters of the, agenda,' themes not listed below may be taken up. Under the item of the agenda concerning the review of developments any issue may be brought up. It is expected that protection of the right to life, to physical integrity and security of indigenous populations will be discussed each year. It is also expected that., information: will be received and discussions will be held on the evolution of policies regarding indigenous populations. 2. Although a constructive and fruitful discussion took place in the Working "'" Group, at its third session, on the right to, land and to natural resources and on the question of the definition ,of indigenous populations, it is expected that these issues might be further considered by the Working Group, at its fourth session. 1985 Fourth_ session (a) Right of indigenous populations to develop their own culture,' traditions, language and way of life including the right to freedom of religion and traditional religious practices; (b) Right to education. 3. preliminary; priorities for the subsequent sessions of the Working -Group Right to autonomy and self-determination, including political representation and institutions; the duty of indigenous populations, as of all others, to ". respect 'universal human rights Right to health, medical care and other social services Right to legal assistance and protection in administrative and Judicial Right to association; Right to social security and labour protection; Right to; trade and to maintain economic technological, cultural and social relations. 94/ Annex I to the report of the Working Group on Indigenous Populations (E/CN.4/Sub.2/l984/20). ., E/NC.4/1985/3 E/CN, 4/Sub. 2/1984/43 page 112 1984/36 Encouragement of universal acceptance of human rights instruments 95/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities. Recalling its' resolutions 1 B (XXXII) of 5 September 1979', 19 (XXXIV), of 10 September 1981 1982/3 of 7 September 1982:,; 1983/27' of 9 September 1983 and its decision 2 ;(XXXIII) of 11 September 1980 on the encouragement' of universal acceptance of human rights instruments, Having considered the report 96/ of the Secretary-General transmitting the information submitted by Governments, 1. Expresses its appreciation to those Governments which have conveyed ' information to the Sub-Commission; 2. Take note of' the report of the sessional Working Group on the Encouragement of Universal Acceptance of Human Right's Instruments; 3. Requests the Secretary-General to renew the invitation for submission of information communicated by his earlier notes verbales to the Governments of Member States which have not yet replied to those coramunications, .'making particular reference to the human rights instruments to which those Governments have not yet become party' and drawing the attention of each Government' to the instruments which it has already signed but not yet ratified; 4. Requests the Secretary-General to invite the Government mentioned in paragraph 20 of the 1984 report of the sessional Working Group on the Encouragement of Universal Acceptance of Human Rights Instruments to submit any additional information as to . thia exact .nature of the legal, problems encountered,-"' which have so far not enabled it to become a party to the human rights instrument referred to by the Working Group during the examination if its reply; 5. Requests the Secretary-General to examine the idea of offering technical assistance in the form of legal training of the local staff or by providing human rights experts to assist in the drafting of the necessary legislation and regulations, with a view1 to: enabling the Member States to ratify or accede to international human rights instruments; 6- Requests the Secretary-General to examine the idea of designating regional advisers on international human rights standards whose function would include advising the States concerned on acceptance and implementation of international human rights instruments; 7. Requests the Secretary-General to hold informal discussions concerning prospects for ratification of 'human rights instruments, with government delegations on the occasion, for example, of the sessions of the General Assembly 95/ .Adopted at the 37th meeting, on 30,August 1984,..,by 18 votes to 1, with 1 abstention, see chap. XIII. 96/ E/CN.4/Sub;2/1984/27. E/CN.4/1985/3 E/CN.4/Sub.2l984/43 Page 113 and the Commission on Human Rights, priority being given to the instruments prepared by the Commission on Human Rights such as the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the Optional Protocol to that Covenant; the International Convention on the Elimination of All Forms of Racial Discrimination and the International Convention on the Suppression and Punishment of the Crime of Apartheid; 8. Requests the Secretary-General to prepare a table containing a '. country-by-country record of developments which have taken place in connection '"- with ratification of, or accession to, the human rights instruments included in the terms of reference of the Working Group; 9. pecidea to include the two Protocols additional to the Geneva Conventions of 12 August 1949 in the list of human rights instruments under paragraph 1 of the Sub-Commission resolution 1 B (XXXII), as complemented by resolutions 1982/3 and 1983/27; ' 10. Decides to suspend the work of the Working Group of its thirty-eighth session and to request the Chairman of the Sub-Commission to appoint at its thirty-eighth session one of its members to report to it at the said session on information received under the present resolution. 1984/37 Review of the, work of the Sub-Commission 97/ The Sub-Commission on Prevention of Discrimination and Protection of Minorities Recalling its resolution 1983/21 of 5 September 1983 by which it decided to '"give" priority attention to the consideration of its role and activities during " its thirty-seventh session, and to establish a working gr6up to consider these questions; Mindful of Commission on Human Rights resolution 1984/60 of 15 March 1984 which 'cook, note of' Sub-Commission resolution 1983/21 and endorsed the convening of a working group of the Sub-Commission; Having considered the report of the Working Group on the Review of the Work of the Sub-Commission, 98/ 1. Expresses its appreciation to "the Working Group and to its Chairman/Rapporteur, Mr. A. Khalifa, for the serious and constructive work which they have -undertaken 2. Endorses the recommendations 99/ of the Working Group including the long-term plan of studies for 1985-1989 (annex II) and the core items to be kept on the agenda of the Sub-Commission (annex I); 97/ Adopted at the 38th meeting, on 31 August 1984, by 10 votes to 3, with 6 abstentions. See chap. III", 98/ See E/CN.4/Sub.2/1984/3 99/ The long-term plan of studies for 1985-1989 (annex II to the report of the Working Group) and the core items to be kept on the agenda of the :'':-}. Sub-Commission (annex I to the report of the Working Group) appear in annex V' to the present report, as the five-year programme of work (1985-1989). E/CN.4/1995/3 E/CN.4/Sub.2/1984/43 page 114 3. Requests the Secretary-General to inform the Commission on Human Rights at its forty-first session :of the activities of the .Working Group on the Review of the Work of the Sub-Commission as well:-as of the contents of the present resolution .' 4. Decides that the Working Group on the Review of the Work of the. -Sub-Commission shall continue its deliberations during the thirty-eighth session of the Sub-Commission 5.- Decides to' 'execute its increasing workload,' that is, its future meetings must begin punctually on time; 6. 'Recommends to the Commission on Human Rights: (a) ; that consideration-- be- given to electing the, expert-:peoibera of the . Sub-Commission for a term of four years, with half the members elected each two years; : (b) 'that consideration be also given to changing .the name of the Sub-Commission in order to describe its work more clearly, to the. Sub-Commission of Experts of the Commission on 'Human Rights; (c) thai studies prepared under the auspices of the Sub-Commission should pass whenever possible through a three-year cycle: the first year devoted to a concise report outlining the;:proposed approach: the second devoted to a concise progress report and raising any special questions; the final report being submitted in the third year, and that once the study had been authorized at the outset by the Economic and Social. Council: it would ,be understood that the stages to be undergone would not normally require repeated approval by the Commission or the Economic and Social Council or by Sub-Commission .resolutions; (d) that, in order to execute properly its increasing workload, services be authorized for an additional :10 meetings; per session of .the Sub-Commission in order to enable sessional Working Groups to meet concurrently; (e) that the Centre for Human Rights be strengthened and facilities increased so as to enable it to provide further services to the Sub-Commission and implement the five-year plan of work. B. Decisions'. 1934/101 Promotion, protection and restoration of human rights at national, regional and international lavels prevention of discrimination and "protection of minorities. 100/ " At its 30th meeting, on 27 August 1984, the Sub-Commission decided to postpone further consideration of item 15 (c) to its thirty-eighth session. 101/ 100/ Adopted at the 30th meeting, on 27 August 1984, by 15 votes to 4. with 2 abstentions. See chap. XV. 101/ Paper to be submitted by Mr. 'Jules. Deschenes at the thirty-eighth session of the Sub-Commission. See annex XIX. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 page 115 1984/3 02 Study of the problem of discrimination against indigenous population 102/ At its 57th meeting., on 30 August 1984, the Sub-Commission decided to authorize Mrs, Erica-Irene A. Daea, Chairman of the Working Group on Indigenous Populations at its third session, to attend the Conference of Indigenous Peoples to be held in Panama from 25 to JO September 1984, the cost of the mission to be borne by the Centre for Human Rights. 1984/105 Organisation of the work of the thirty-eighth session 105/ The .Sub-Commission decided to adopt the following schedule for its thirty-eighth session: Commission on Human flights - Sub-Commission 22 July - 1985 Geneva on Prevention of .Discrimination and Protection 2 August"; of Minorities - Working Group on Communications (Economic and Social Council resolution 1503 (XLVIII)) Commission on Human Rights - Sub-Commission 29 July 1985 Geneva on Prevention of Discrimination and Protection 2 August of Minorities Group of Five on Slavery (Economic and. Social Council resolution 16 (LVI)) Commission on Human, Rights - Sub-Commission 25 July 1985 Geneva on Prevention of Discrimination on and Protection-- 2 August of Minorities Working Group on Indigenous Populations (Economic and Social Council resolution 1562/34) Commission on Human Rights Sub-Commission 5 August 1985 Geneva on Prevention of Discrimination and Protection 30 August of Minorities 1984/104 Slavery and slavery-like practices: Question of slavery and the slave trade in all their practices and manifestations 104/ The Sub-Commission decided to designate Mrs. Halima Embarek Warzazi and Mr. Murlidhar C. Bhandare as experts to serve on the Working Group on Traditional Practices affecting the Health of Women and Children, pursuant to resolution 1984/34 of the Economic and Social Council. 102/ Adopted at the 37th meeting; on 30 August 1984, without a vote. 103/ Adopted at the 38th meeting, on 51 August 1984. Without a vote. 104/ Adopted at the 59th meeting, on 51 August 1984, without a vote. E/CN.4/1935/3 E/CN.4/Sub.2/1984/43 page 116 1984/105 Composition of working groups of the Sub-Commission 105 Indigenous. Regional "Group "Communications Slavery Populations Africa . Mr, Yimer Mr.Mubanga 'Chipoya., Mr. Simpson (Alternate":' (Alternate: (Alternate: Mr. George) Mr. Yimer) Mr, Dahak) Asia Mr. Bhandare Mr. Chowdhury ' Mrs. Gu Yijie (Alternate: (Alternate: (Alternate: Mr, Al Khasavmeh) Mr. Takemoto) 'Mr. Al Khasawneh) Latin Arasrlca Mr. Martinez-Baez Mr, Valdez-Baquero Mr. Alfonso Martinez (Alternate: (Alternate.: (Alternate,: Mr- Uribe Portocarrero) Mr. Uribe Portocarrero) Mr. Despouy) Eastern Europe Mr. Sofinsky Mr. Mazilu Mr. Tosevski (Alternate; (Alternate: (Alternate:'' Mr. Tosevski) Mr. Sofinsky) Mr. Mazilu) Western Europe Mr, Bossuyt Mr. Deschehes Mrs. Pass, (Alternate: (Alternate: . ("Alternate: Mr. Roche) Mr. Roche) Mr. Joinet) 19B4/106 Decision on draft resolution's and' decisions before the Sub-Commission 106/ The Sub-Commission decided not to take action on the following draft resolutions and decisions: E/CN.4/Sub.2/l984/L.12, L.13, L.28, L.29, L.31, L.32, L.42 and L.45 pursuant to rule 65 (2).,of the Rules of Procedure of the functional commissions of the Economic and Social Council. . 105/ Adopted at the 39th meeting, on 31 August 1984, without a vote. 106/ Adopted at the 39th meeting, on 31 August 1984, by 12 votes to 2, with 2 abstentions E/CN.4/1985/3 E/CN.4/Sub.2/1984/3 Page 1 ANNEX I ATTENDANCE Members and Alternates Mr. Awn Shawkat Al Khasawneh a/ (Jordan) Mr. Miguel Alfonso Martinez a/ (Cuba) Mr. Julio Heredia Perez ./ a/ Mr. Murlidhar Chandrakant Bhandare a/ (India) . Mr. Marc Bossuyt a/ (Belgium) Mr. Patrick Dubois ./ Mr. Justice Abu Sayeed Chowdhury a/ (Bangladesh) Mrs. Erica-Irene A. Daes a/' (Greece) Mr. Driss Dahak a/ (Morocco) Mr. Mohamed Sbihi a/ Mr. Jules Deschenes a/ (Canada) Mrs. Rita Cadieux ./ Mr. George Dove-Edwin a/ (Nigeria) - Mr, Olufemi Oyewale George ./ a/ Mr. Enao Giustozai (Argentina) Mr. leandro Despouy ./ a/ Mrs. Gu Yijie a/ (People's Republic of China) Mr. Li Daoyu ./ a/ ' Mr. Aidiid Abdillahi Ukahanaf (Somalia) - Mr. Louis Joinet a/ ' (Prance) Mr, Alain Pellet ./ Mr. Ahmed M," Khalifa a/ (Egypt) Mr. Antonio Martinez Baez a/ (Mexico) Mr. Hector Fix Zamudio ./ Mr. Dumitru. Mazilu a/ (Romania) Mr. Mircea Nicolae ./ ./ Alternate. a/ Present. E/CN. 4/1985/3 E/CN. 4/Sub. 2/1984/43 Annex I page 2 Mr. C.L.C, Mubanga-Chipoya a/ (Zambia) Ms. Beatrice Mulamfu ./ Mr. John P, Roche a/ "(United States of America) Mr. John Carey ,./ a/ .. ... Mr. Kwesi B.S. Simpson a/ v :/, (Ghana.) , Mrs. Kate Abankwa ./ Mr. Vsevolod N. Sofinsky a/ (Union of Soviet Socialist . Mr. Viktor M. Tchikvadze ./ a/ Republics Mr. Masayuki Takemoto a/ (Japan Mr. Nisuke Ando ./ a/ Mr. Ivan Tosevski a/ (Yugoslavia) Mr. Danilo Turk ./ Mr. Antonio Jose Uribe Portocarrero a/ (Colombia) Mr. Fernando Cepeda Ulloa ./ a/ Mr. Rodrigo Valdez Baquoro a/ (Ecuador) Mr. Mario Aleman Salvador ./ Mr. Benjamin C.G. "Whitaker a/ ("United Kingdom of Great Britain Mr. J.R. Patrick Montgomery ./ a/ and Northern Ireland.) (Ethiopia) States Members of the United Nations represented by observers Afghanistan, Angola, Argentina, Australia. Bangladesh, Belgium, Bolivia, Brazil, Canada, China, Colombia, Costa Rica, Cuba, Cyprus, Czechoslovakia, El Salvador, Ethiopia, Finland, German Democratic Republic, Germany Federal Republic of, Democratic Kampuchea, Greece., Guatemala, Honduras. India, Indonesia, "Iraq, Islamic Republic of Iran:;Israel, Italy, Japan, Jordan, Mauritania, Morocco, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, 'Peru',: 'Philippines, Poland, Portugal, Romania, Senegal, Spain, Sri Lanka, Sudan, Sweden,’ Syrian Arab Republic, Thailand, Turkey, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay', Viet Nam, Yugoslavia. Non-member States represented by observers Democratic People's Republic of Korea, Holy See, Republic of Korea, Switzerland.,' United Nations bodies Office of the United Nations High Commissioner for Refugees, United Nations Development Programme. E/CN.4/1985/3 E/CN. 4/Sub. 2/1984/43 Annex I page 3 Specialized agencies International Labour Organisation.; Unaited Nations Educational, Scientific and Cultural Organization, International Monetary Fund, .Other intergovernmental organizations League of Arab States, Organisation of African Unity. National liberation movements African National Congress, Pan-Africanist Congress of Asania, SWAPO. Non-governmental organizations in consultative status Category I International Alliance of Women, International Association for Religious Freedom, International Confederation of Free Trade-Unions, International Council of Women, International Youth and Student Movement for the United Nations, World Federation of United Nations Associations. Category II All India Women's Conference, Amnesty International, Anti-Slavery Society for the Protection of Human Rights, Arab Lawyers Union, Baha'i International, Caritas International, Commission of the Churches on International Affairs, Co-ordinating Board of Jewish Organisations, Disabled Peoples' International, Four Directions Council, Friends World Committee for Consultation. International Abolitionist Federation, International Association of Democratic Lawyers, International Association of Penal Law, International Commission of Jurists, International Committee of the Tied Cross International Council of Jewish Women, International Federation of Human Rights, International Federation of University Women, International Federation of Women Lawyers, International Federation of Women in Legal Careers, International Fellowship of Reconciliation, International Indian Treaty Council, International Institute of Humanitarian Law, International Law Association, International League for Human Rights, International Movement for Fraternal Union Among Races and Peoples, Movement against Racism and for Friendship among Peoples, Pan-Pacific and South-East Asia Women's Association, Pax Christi, Pax Romana, Radda Bamen International, War Registers International, Women's International League for Peace and Freedom, Women's International Zionist Organization, World Conference on Religion and Peace World Council of Indigenous Peoples, World Jewish Congress World Young Women's Christian Association, Zonta International. Roster Brahma Khmaris World Spiritual University, Defence for Children International Movement, Indian Council of South America. Indian Law Resource Centre, International Association for the Defence of Religious Liberty, International Humanist and Ethical Union- International Human Rights Internship Program International League for the Rights and Liberation of Peoples, International Progress Organisation, Minority Rights Group, Movement Against Racism and for Friendship Among Peoples, National Indian Youth Council., Procedural Aspects of International Law Institute, International Human Rights Law Group, Romani Union, World Association for the School as an Instrument of Peace., E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Annex II page 1 Annex II ADMINISTRATIVE AND PROGRAMME BUDGET IMPLICATIONS OF RESOLUTIONS AND DECISIONS ADOPTED BY THE. SUB-COMMISSION AT ITS THIRTY-SEVENTH SESSION 1. In the course of its thirty-seventh session, the Sub-Commission on -.; Prevention of Discrimination and Protection of Minorities adopted fifteen resolutions and one decisions having financial implications.. . Prior to the adoption of these resolutions statements of their administrative and programme implications were submitted on behalf of the Secretary-General, in compliance with financial regulation 13.1 and rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council. These statements are summarized below. 2. Should the action taken by the Commission-on Human Rights arid the Economic and Social Council in respect of the above-mentioned resolutions, of the . Sub-Commission require the Secretary-General to enter into commitments during 1985 and 1936, additional credits, as appropriate, would be required for the current biennium and for the biennium 1986-1987. 1984/1. Review of further developments in fields with which the, Sub-Commission has been concerned 3. In paragraph 1-of resolution 1984:/l the Sub-Commission, would request the Special Rapporteur, Mr. Benjamin Whitaker.,. to continue his Work and to submit the final report on the question of the prevention and punishment of the crime of genocide to the Sub-Commission at its thirty-eighth session. 4. "The related' costs under section 23 (Human Rights) are estimated at $1,000 for 1985 1985 'US dollars .One round-trip to Geneva of the Special Rapporteur for consultation with the Centre for Human Rights (5 working days) Travel (London/Geneva/London) 92/ 400 subsistence 600 1 000 E/CN.4/1985/3 E/CN.4/Sub,2/1934/43 Annex II page 2 1984/2. The status of the individual and contemporary international law 5. In paragraph 2 of resolution 1984/2 the Commission on Human Rights would recommend for adoption by the Economic and Social Council, a draft resolution requesting the Special Rapporteur, Mrs. Erica Daes, to continue her work on the above-mentioned study with a view to submitting her final report to the Sub-Commission during its thirty-eighth session. .6. The related costs under section 23; (Human Rights) are estimated at;.$l,2O0 for 1985." 1985 US dollars One round-trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (5_ working days) Travel (Athens/Geneva/Athens) 600 Subsistence 600 1 200 1984/3. Draft body of principles ana guidelines on the right and responsibility of individuals, groups and organs of society to promote and protect human rights and fundamental freedoms 7. In paragraph 1 of resolution 1984/3 the Commission on Human Rights would recommend for adoption by the Economic and Social Council a draft resolution requesting the Special Rapporteur, .Mrs.-. Erica Daes, to continue her work on the above-mentioned study and the draft body of principles and guidelines with a view to submitting her final report to the Sub-Commission at its thirty-eighth session. 8. The related costs under section 23 (Human rights) are estimated at $1,200 for 1985. US dollars One round-trip to Geneva of the Special Rapporteur ' for consultations with the Centre for Human Rights (5 working days) Travel 600 Subsistence 600 1 200 E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Annex II page 3 1984/4. Adverse consequences for the enjoyment of human rights of political military, economic and other farms' of assistance given to the racist and colonialist regime of South Africa 9. In paragraph 3 of resolution 1984/4, the Commission on Human Rights would request the Secretary-General to give the Special Rapporteur all the assistance, including adequate-travel funds, that he may require in the exercise of his mandate, with a view in particular to establish direct contacts: with the E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Page 3 United Nations Centre on Transnational Corporations and the United Nations Centre against Apartheid, and to expand his work on the annotations of certain selected cases as reflected in his present list and to continue the computerization of future updated lists. In paragraph 4 the Commission would invite -the:,:.. . Secretary-General to give the updated report of the Special Rapporteur the 'Widest distribution and publicity and to issue it as a United Nations publication. 10. Computer services will continue to be provided, to the Special Rapporteur from within existing resources. The delated costs under section 23.(Human Rights) are estimated at $42,700 for 1985. 1985 US dollars One round-trip to Hew York of the Special Rapporteur to establish direct contacts with the United Nations Centre on Transnational Corporations and the United Nations Centre against Apartheid (5 working 'days'): - -;; Travel (Cairo/New York/Cairo) 2 700 Subsistence 1 100 One round-trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (5 working days) Travel (Cairo/Geneva/Cairo) 1 000 Subsistence 1 100 Printing of the report in Arabic, Chinese, English French, Russian and Spanish (based on external printing estimates)j 36 800 42 700 a/ Global Printing Programme. E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Annex II page 4 1984/7. The administration of justice and the human rights of detainees: Elaboration of a "second optional protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty 11. In paragraph 2 of resolution 1984/7 the Commission on Human Rights would recommend for adoption by the Economic and Social Council, a draft resolution authorizing the. Sub-Commission to entruat ,Mr. Marc Bossuyt with preparing an analysis concerning the proposition to elaborate a second optional protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death yettalty. 12. The related costs under section 23 (Human Rights) are estimated at $900 for 1985 and $900 for 1986. 1985 1985 " '.J US dollars US dollars One round-trip to Geneva of the Special. Rapporteur for consultations with the Centre for Human Rights (5 working days) Travel (Edegem/Geneva/Edegem) 300 Subsistence 600 One round-trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (5 working days) Travel (Edegem/Geneva/Edegem) 300 Subsistence 600 900 900 1984/8. The administration of justice and the human rights of detainees: Question of human rights of:-persons subjected to any_ form of detention or imprisonment 13. In paragraph 2 of resolution 1984/8 the Sub-Commission would request the Special, Rapporteur, Mr. L. Joinet, to continue his work on the study with a view to presenting his final report to the Sub-Commission at its thirty-eighth session. 14. The -related costs under section 23 (Human Rights) are estimated at $900 for 1985 1985 US dollars One round-trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights ' (5 working days) Travel (Paris/Geneva/Paris) 300 Subsistence 600 900 E/CN.4/l988/3 E/CN.4/Sub.2/1984/43 Annex II page 5 1984/l1. The administration of Justice and the human rights of detainees: Study on the" Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers 15. In paragraph 1. of resolution 1984/11, the Sub-Commission would request the Special Rapporteur, Dr. L.M. Singhvi to submit his final report to the Sub-Commission .at its thirty-eighth session. 16. The related costs under section:23 (Human Rights) are estimated at $3,300 for 1985. 1985 US dollars One round-trip to Geneva of Special Rapporteur to present his final report to the thirty-eighth session of the Sub-Commission (5 working days) Travel (New Delhi/Genera/New Delhi) :2 700 Subsistence' 600 2 300 1934/15. The new international economic order and the promotion of human rights; The right to adequate food 17. In -paragraph 1 of resolution 1984/15 the Commission on Human Rights would recommend for adoption by the Economic and Social Council a draft resolution requesting the Special Rapporteur, Mr. Asbjrn Eide to continue his' work on the study on the Right to Adequate Food as a Human-Right with a view to submitting his final report to the Sub-Commission at its thirty-eighth session. 18. The related costs under section 23 (Human Rights) are estimated at $1,300 for ' 1985 US dollars .. One round-trip to Geneva of' the Special Rapporteur to . . submit his final report to the Sub-Commission at its' thirty-eighth session "(5 working days) Travel , (Oslo/Geneva/Oslo) 700, Subsistence 600 7. 1 300 E/CN.4/19S5/3 E/CN.4/Sub.2/l984/42 Annex II page 6 1984/17.. Human rights and scientific and technological developments: Prevention and Suppression of ;- Unlawful Human Experimentation 19. In paragraph 1 of resolution 1984/17) the Commission on Human Rights would recommend for adoption, by the Economic and Social Council a draft resolution authorizing the Sub-Commission; to entrust the Special Rapporteur,. Mr." Driss Dahak, with the preparation of a study on the current dimensions and problems arising from unlawful human experimentation and would request him to submit a preliminary study . to the Sub-Commission at its thirty-eighth session.- 20. The related costs under section 23 (Human Rights) are estimated at $16,500 for 1985. . 1985 US dollars One round-trip of the Special Rapporteur for consultations with the Centre for Human Rights (3 working days) 'Travel (Rabat/Geneva/Rabat) 700 Subsistence 6.00 Three months of,-outside expertise at P-3 consultant ,level Three work-months 15 200 16 500 1984/21. Question of the violation of human .rights; The right to leave any country, including one's own, and the right to return to one's' own country 21. In paragraph 2 of resolution 1984/21, the Commission on Human Rights would recommend for adoption by the Economic and Social Council a draft resolution authorizing the Special Rapporteur, Mr. Mubanga-Chipoya, to continue his important work in order to present to the Sub-Commission at its thirty-eighth session for its consideration a progress report on the aforesaid. matters and at its thirty-ninth session his final report, including recommendations for promoting and "encouraging respect for and observance of that right. 22. The related costs under Section 23 (Human flights) are estimated at $4,100 for 1985 and $4,100 for 1986. 1985. 1986 US dollars US dollars One round trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (3 working days) Travel 3 500 Subsistence 600 One round trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (3 working days) Travel 3 500 Subsistence 600 4 100 4 100 E/CN.4/1985/3 E/CN.4/SUb.2/1984/43 Annex II page 7 1984/27. The administration of justice and the human rights of detainees 23..:; In paragraph 1 of resolution 1984/27, the Commission on' Human Rights would recommend for adoption by the1 Economic and Social Council a draft resolution authorizing the Sub-Commission to appoint a special rapporteur to carry out the work referred to in paragraph 1 of Sub-Commission resolution 1983/30 and resolution 1983/18 and decision 1984/104 of the Commission on Human Rights, on an annual basis. 24. The related costs under section 23 (Human Rights) are estimated as follows; 1985 US dollars One round-trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (5 working days) Travel (Buenos Aires/Geneva/Buenos Aires) 4 200 Subsistence 600 4 800 1984/28. Slavery and slavery-like practices: Mission to Mauritania 25. In paragraph 5 of resolution 1984/28, the Commission on Human Rights would request the expert of the Sub-Commission to prepare a follow-up report on the basis of the replies received and taking into account the views expressed by the Sub-Commission at its thirty-seventh session and by the Commission at its forty-first session on the matter in particular with respect to assistance which could be provided to Mauritania and to submit an interim report at its thirty-eighth session; and a final report at its thirey-ninth session. 26. The related costs under section 23 (Human Rights) are estimated; at-;'$900 for 1985 and $900 for. 1986, 1985' ': "1586 US dollars US dollars One round-trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (5 working days) Travel (Edegem/Geneva/Edegem) - .300 Subsistence . 600 One round-trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (5 working days) Travel (Edegem/Geneva/Edegem) 300 Subsistence 600 900 900 E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Annex II page 8 1984/31, Elimination of all forms of, intolerance _and _of discrimination based on religion or belief In paragraph 1 of resolution 1984/31. the Sub-Commission would request the Special Rapporteur.,. Mrs. Elizabeth Odio Benito, ,to continue her work and to submit' a progress report to the Sub-Commission at its. thirty-eighth session and a final," report at its thirty-ninth session, 27. The related costs under section 23 (Human Rights)'are estimated at $4,500 for 1985 and $4,500 for 1986. 1985 1986 US dollars US dollars One round-trip to Geneva of the Special Rapporteur for consultations, .with the Centre for Human Rights (5 working days-); Travel (San Jose/Geneva/San Jose) 3 900 Subsistence , 600 One- round trip to Geneva of the Special Rapporteur for consultations with the Centre for Human Rights (5 working days) Travel (San Jose/Geneva/San Jose) 3 900 Subsistence 600 4 500 4 500 1984/35. .Study of the problem of discrimination against indigenous populations 29. In paragraph 4 of resolution 1984/35 the Sub-Commission would request the Special Rapporteur to present his study to the Commission on Human Rights at its forty-first session. 50. The related costs under section 23 (Human Rights) are estimated at $3,500. One round trip to Geneva of the Special Rapporteur to present his study to the forty-first session of the Commission... on Human Rights (5, working days) Travel (Mexico/Geneva/Mexico) 2 900 Subsistence 600 E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Annex II page 9 1984/37- Review of the work of the Sub-Commission 31. In paragraph 6 (d) of resolution 1984/37 the Sub-Commission would recommend to the Commission on Human Rights that, in order to properly execute its increasing workload services, be authorized for an additional 10 meetings per session of the Sub-Commission in order to enable sessional Working Groups to meet concurrently. 32. The related costs for 10 fully-serviced additional meetings of working groups during the 1985 session under section 29 B (Conference services, Geneva) calculated on a full-cost basis, are estimated at $64,600. Decision 1984/102. Study of the problem of discrimination against indigenous populations 33. The Sub-Commission decided to authorize Mrs. Erica-Irene A. Daes, Chairman of the Working Group on Indigenous Populations, to attend the Conference of Indigenous Peoples to be held in Panama from 23 to 30 September 1984. 34. The related costs for travel (Athens/Panama/Athens) and subsistence are estimated at $3,200. ANNEX III LIST OP STUDIES UNDER PREPARATION IN ACCORDANCE WITH EXISTING LEGISLATIVE AUTHORITY a/ Title of study Entrusted to . Legislative authority Time-table for completion Updating of the Study on Mr. Benjamin, "Whitaker Sub-Commission resolution Final report to be the Question of the 1984/1 submitted to the Sub- Prevention and Punishment Commission at its thirty- of the Crime of Genocide eighth session Study on the status of the Mrs. Erica Daes- Sub-Commission, resolution Final report to be individual and 1984/2 submitted to the Sub- contemporary international Commission at its thirty- law eighth session Draft body of principles Mrs. Erica Daes ' Sub-Commission resolution Pinal report to be on, the right and 1984/3 submitted to the Sub- responsibility. of Commission at its thirty- individuals groups and eighth session. organs of society to promote and protect universally recognized human rights and , fundamental freedoms Annual update of the list Mr. Ahmed Khalifa Sub-Commission, resolution Next review to be of banks, transnational 1934/4 submitted at the thirty- . corporations and other eighth session of the organisations assisting Sub-Commission the. colonial and racist regime in South Africa Study on the achievements Mr. Asbjrn Eide Sub-Commission resolution Report to be submitted at made and obstacles 1984/5 the thirty-eighth session ; encountered during the of the Sub-Commission ' Decade for Action, to Combat Racism and Racial Discrimination. .. a/ See Commission, resolution 1982/23. Title of study Entrusted to Legislative authority Time-table for completion The administration, of Mr. Marc Bossuyt Sub-Commission resolution Analysis and recommendations j Justice and the human 1984/7 to be submitted at the rights of detainees: thirty-ninth session, of the Elaboration of a second Sub-Commission : Optional Protocol to the International Covenant on Civil and Political.. rights aiming at the abolition, of the death penalty ./ Study on Amnesty Laws Mr. Louis Joinet Sub-Commission resolution Final report to be submitted . 1984/8 at the thirty-eighth session of the Sub-Commission Study on the independence Mr. L.M. Singhvi Sub-Commission, resolution Final report to be submitted -and impartiality of the 1984/11 at the thirty-eighth session \ judiciary, jurors and of the Sub-Commission assessors and the independence of lawyers Human rights and Mr. Louia Joinet Sub-Commission resolution Final study to be submitted scientific and 1984/12 at the thirty-eighth session technological developments; of the Sub-Commission Study on guidelines in the field of computerised Persbnnel files Study on the right to food Mr. Asbjrn. Side ; Sub-Commission, resolution Final report to be submitted as a human, right 1984/15 at the thirty-eighth session ' of the Sub-Commission ./ Subject to approval by the Economic and Social Council. Title of study Entrusted to Legislative authority Time-tables fox- completion Study on the current Mr. Driss Dahak Sub-Commission resolution Preliminary study to be dimensions and problems 1984/17 submitted at the thirty- arising from unlawful eighth session of the human experimentation ./ Sub-Commission. Study on human rights and Mr, Leandro Despouy Sub-Commission resolution, i Preliminary study to be disability 1984/20 submitted at the thirty- eighth session of the Sub-Commission Analysis of the current He. C.L.C. Kubanga- Sub-Commission resolution Progress report to be trends and developments Chipoya 1984/21 ; submitted at the regarding the right to thirty-eighth session of leave any country the Sub-Commission including one's own and the right to return, to one's own country Explanatory paper on Mr. Leandro Despouy Sub-Commission resolution First explanatory paper to preparation, of annual 1984/be presented at the report on the respect for thirty-eighth session of national and international the Sub-Commission rules governing the legality of the declaration, of states of exception ./ Slavery and slavery-like Mr. Marc Bossuyt Sub-Commission, resolution -Interim follow-up report practices (report on. 1984/28 to be presented at the Muritahia) thirty-eighth session of the Sub-Commission ./ Subject to approval by the Economic and Social Council. Title of study Entrusted to Legislative authority Time-table for completion Study on. the current Mrs. Elisabeth Odio- Sub-Commission resolution Progress report to he dimensions of the problem Benito 1964/31 submitted at the thirty- of intolerance and of eighth session, of the discrimination on grounds Sub-Commission of .religion or belief Prevention of Mr. Jules Deschines Sub-Commission decision Paper to be submitted at : discrimination and 1984/101 the thirty-eighth session .protection of minorities: of the Sub-Commission tentative definition E/CN.4/1985/3 E/CN . 4/sub, 2/1984/43 Annex IV Page 1 ANNEX IV DRAFT FIVE-YEAR PROGRAMME OF WORK (1985-1986) a/ A. Regular items. to be" Included from 1985 to 1989 in the agenda ' under existing mandates 1. Review of further developments in .fields with which the Sub-Commission has been, concerned (Sub-Commission resolution 5 (XIV) ). 2. Elimination of racial discrimination including; updated annual studies on adverse consequences. (Sub-Commission, resolution 2 (XXXIII) and 6 (XXXIV)). 3. Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid in all countries, with particular reference to colonial and other dependent countries and territories; . report of the Sub-Commission under Commission on Human Rights resolution 0 (XXIII). 4. Communications concerning human rights; report of the Working Group established under Sub-Commission resolution 2 (XXIV) :in accordance with Economic and Social Council resolution 1503 (XLVIII).. 5. The administration of justice and the human rights of detained persons including I the annual review of developments on the 'human rights of detained persons (Sub-Commission resolution 7 (XXVII)), arid the annual special report of the ! Sub-Commission to the Commission on the legality of the establishment :of states of emergency (Sub-Commission resolution 1933/30) 6. Discrimination against Indigenous Populations (Economic and Social Council. resolution 1982/34). 7. Slavery and slavery-like practices (Commission resolution 13 (XXIII)) 8. Encouragement of universal acceptance of human rights instruments (Sub-Commission resolution. 1 B \ (XXXII)). : 9. Consideration of the future work of the Sub-Commission, and draft provisional agenda of the subsequent session of the Sub-Commission. (Economic and Social Council resolution 1984/(LVII)) 10. The Sub-Commission might consider the possibility of examining certain items once every two years. a/ See chap XVIII, sect. A, .resolution 1984/37. 'and annexes I and II to the report of the Working Group on the Review of the Work of the Sub-Commission (E/CN.4/Sub. 2/1984/3), E/CN.4/1985/3 E/CN.4/Sub.2/l98 4/43 Annex IV page 2 B. Non-recurrent projects Non-recurrent studies mandated by policy-making organs, by chronological order of mandates b ' —-' I Preparation, and Target year for discussion submission of 1985 /1986/1987 1988 1989 final report Independence and impartiality of the judiciary (Council decision 1980/124) F 1985 The status of the individual and contemporary international law (Council decision 1981/142) F 1985 The negative consequences of the arms race for the implementation of human rights (Commission resolution 1982/7) P Pr F 1988 Priority study on the use of scientific and technological progress to ensure! the right to work and development : (Commission resolutions 1983/42 and 1984/29) P Pr F 1988 Draft Principles on rights/ responsibility of individuals and groups (Sub-Commission resolution 1982/24) Pr F 1986 Amnesty Laws (Sub-Commission resolution 1983/34) F . 1985 Eight to adequate food (Council decision 1983/140) F 1985 Sexual minorities (Council resolution 1983/30) P Pr F 1987 Sale of children (Council resolution 1983/30) P Pr F 1987 Updating of the study on Prevention and Punishment of the Crime of Genocide (Council resolution 1983/33) 1985 The right to leave any country ' (Council resolution 1984/29) Pr F 1986 E/CN.4/1985/3 E/CN. 4/sub. 2/1984/43 Annex IT page 3 Preparation and Target vear for Target year for discussion submission of final report (Council resolution 1904/39) Pr F 1986 1 Traditional practices effecting women and children (Council resolution 1984/34) P Pr P 1987 Achievements made and obstacles encountered during the Decade for Action to Combat Racism (Council resolution 1964/24) F 1985 Disabled persons (Council resolution 1934/26) P Pr P 1987 P; Preliminary report Pr; Progress report F: Pinal report b/ The present list does not refer to the new studies proposed by the Sub-Commission during its thirty-seventh session. E/CN.4/1985/3 E/CN.4/Sub.-2-/1984/43 . -page 1 ANNEX V LIST OP DOCUMENTS ISSUED FOR THE THIRTY-SEVENTH SESSION OF THE SUB-COMMISSION Documents issued in the' general series Agenda item E/CN.4/Sub.'2/1984/1 Provisional agenda " 2 E/CN.4/Sub.2/1984/1/Add.l Annotations to the provisional agenda 2 E/CN.4/Sub.2/1984/1/Add.1/Corr.l Annotations to the provisional agenda 2 E/CN.4/Sub.?./1984/l/Add.2 Annotations to the provisional agenda 2 E/CN.4/Sub.2/1984/2 Note by the Secretary-General 3 E/CN.4/Sub.2/1984/2/Add.l Note by the Secretary-General 3 E/CN.4/Sub.2/1984/3' Report of the Working Group on the Review 3 of the Work of the Sub-Commission E/CN.4/Sub.2/I984/4 Note by the Secretary-General 4 E/CH.4/Sub.2/I984/5 and Add.1-4 Report of the Secretary-General ' 4 E/CN.4/Sub.2/1984/6 and Add.l Memorandum submitted by the 4 International Labour Office E/CN.4/Sub.2/1984/7 Report of UNESCO to the thirty-seventh 4 session of the United Nations Sub- Commission on Prevention of Discrimination and Protection of Minorities (6 August 31 August 1984) E/CN.4/Sub.2/1984/8 and Add.1-2 Updated report prepared by 5(b) Mr. Ahmad M. Khalifa, Special Rapporteur E/CN.4/Sub.2/1984/9 and Add.l Report of the Secretary-General 6 E/CN.4/Sub.2/1984/10 '' " Analysis of the current trends and 6 developments regarding the right to leave any country including one's own and the right to return to one's own country and some other rights or considerations arising therefrom Preliminary report by Mr. Mubanga-Chipoya E/CN.4/Sub.2/1984/11 Report of the Secretary-General prepared 6(b) in accordance with Sub-Commission resolution 1985/32 E/CN.4/Sub.2/1984/12 and Add.1-4 Report of the Secretary-General 8(a) E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Annex V page 2 Agenda item E/CN.4/Sub.2/1984/13 Synopsis of material received from non- - 8(a) governmental organizations in consultative status with the Economic and Social Council prepared by the Secretariat- . E/CN.4/Sub.2/1984/14 Report on restraints in the use of force prepared 8 by the Secretary-General in accordance with Sub-Commission resolution 1983/24 E/CN.4/Sub.2/1984/15 Study on amnesty laws and their role in the 8(a) safeguard and promotion of human' rights -Preliminary report by Mr. Louis Joinet, Special Rapporteur E/CN.4/Sub.2/1984/16 ' Report of the Working Group 8 E/CN.4/Sub.2/1984/17 Guide by the Secretary-General to conventions, 8 resolutions and reports of the United Nations concerning the death penalty E/CN.4/Sub.2/1984/18 Document not issued E/CN.4/Sub.2/1984/19 Report of the sessional Working Group on the 9 question of persons detained on the grounds of'' ' '-mental ill-health or suffering from mental disorder E/CN.4/Sub.2/1984/20 Report of the Working Group on indigenous 10 populations on its third session E/CN.4/Sub.2/1984/21 Report of the Secretary-General prepared in 11 accordance with Sub-Commission resolution 1983/38 E/CN.4/Sub.2/1934/22 Progress report by Mr. Asbjorn Eide, Special 11 and Add.l-2 Rapporteur E/CM.4/Sub.2/1984/23 Report of the mission to Mauritania - Prepared 12(a) by Mr. Marc Bossuyt, expert of the Sub-Commission E/CN.4/Sub.2/1984/24 . Report of the Secretary-General pursuant to .12 Commission on Human/Rights resolution 1984/40 E/CN.4/Sub.2/1984/25 ' Report of the Working Group on Slavery on its 12 "tenth session E/CN.4/Sub.2/1984/26 Report of the sessional Working Group on the 15 encouragement of universal acceptance of human rights instruments E/CN.4/Sub.2/1984/27 Note by the Secretary-General 13 E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Annex V page 3 Agenda .... item E/CN.4/Sub.2/1984/28 Preliminary report by Mrs. Odio Benito, 14 Special Rapporteur E/CN.4/Sub.2/1984/29 Progress report by Mrs. Erica-Irene A. Daes, 15(a) Special Rapporteur E/CN.4/Sub.2/1984/30 Preliminary report by Mrs. Erica-Irene A. Daca 15(b) E/CN.4/Sub.2/1984/51 Note by the Secretary-General " 15(c) E/CN.4/Sub.2/1984/32 Discussion paper prepared by Mr. I. Toaevski in 16 accordance with Sub-Commission decision 1983/9 E/CN.4/Sub.2/1984/33 Document not issued E/CN.4/Sub.2/1984/34 E/CN.4/Sub.2/1984/35 Note by the Secretary-General - 6 E/CN.4/Sub.2/1984/36 Mote by -the Secretary-General 6 E/CN.4/Sub.2/1984/37 Document not issued E/CN.4/Sub.2/l984/38 E/CN.4/Sub.2/1984/39 Mote by the Secretary-General 13 E/CN.4/Sub.2/1984/40 Preliminary revised and updated report on the 4 question of the prevention and punishment of the crime of genocide prepared by Mr. Whitaker ' E/CN.4/Sub.2/1984/41 '" Letter dated 5 July 1984 from the Permanent 6 Representative of the Socialist Republic of Viet Nam to the United Nations Office at Geneva addressed to the Assistant Secretary-General for Human Bights E/CN.4/Sub.2/1984/42 Letter dated 6 August 1984 from the Permanent 6 Representative of Democratic Kampuchea to the United Nations Office at Geneva, addressed to " the Chairman of the Sub-Commisaion on Prevention 'of Discrimination and Protection of Minorities E/CN,4/Sub.2/1983/21/ ' Final report''(last part) submitted by the 10 Add.6-8 '- ' Special Rapporteur, Mr. Jose R. Martinez Cobo E/CN.4/1985/3 E/CN.4/Sub.2/1984/43 Annex V page 4 Documents issued in the limited series Agenda item E/CN.4/Sub.2/1984/L.l Mr. Bhandare, Mr. Bossuyt, Mr, Cepeda Ulloa, 4 Mrs. Daes, Mr. Deschenes, Mr. Despouy, Mr. George, , Mrs. Gu Yijie, .Mr. Joinet, Mr. Khalifa, Mr. Martinez Baez, Mr. Mubanga-Chipoya, Mr. Simpson, Mr. Takemoto, Mr. Valdez Baquero, Mr. Yimer; draft resolution E/CN.4/Sub.2/19/4/L.2 Mr. Bhandare, Mr. Bossuyt, Mr. Chowdhury, r; 15(a) Mr. Martinez Baez, Mr. Masilu, Mr. Mubanga-Chipoya, Mr. Whitaker, Mr. Yimer: draft resolution E/CN.4/Sub.2/1984/L.3 Mr. Al Khasawneh, Mr. Bhandare, Mr. Dahak, 15(b) Mr. Deschenes, Mr. Joinet, Mr. Roche: draft resolution E/CN.4/Sub.2/1984/L.4 Mr. Al Khasawneh, Mr. Alfonso Martinez, 5(b) Mr. Bhandare, Mr. Chowdhury, Mr. Dahak, „., . Mr. George, Mr. Joinet, Mr. Martinez Baez, Mr. Mubanga-Chipoya, Mr. Simpson: draft resolution E/CN.4/Sub.2/1984/L.5 Mr. Roche, Mr. Whitaker: draft decision 5(b)' E/CN.4/Sub.2/1984/L,6 Mr. Al Khasawneh, Mr. Whitaker: draft resolution 6 E/CN.4/Sub.2/1984/L.7 Mr. Mazilu, Mr. Mubanga-Chipoya, Mr. Simpson, 5(a) Mr. Yimer: draft resolution., E/CN.4/Sub.2/1984/L.8 Mr. Bhandare, Mrs. Daes, Mr. Deschenes, Mr. Joinet, 8 Mr. Khalifa, Mr. Martinex Baez, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr.- Roche, Mr. Simpson, Mr. Cepeda Ulloa, Mr. Valdez Baquero, Mr. Whitaker, Mr. Yimer: draft resolution E/CN.4/Sub.2/1984/L.9 Mr. Bossuyt, Mr. Carey,, Mr, Chowdhury, Mrs. Daes, 8(a) Mr. Dahak, Mr. Deschenes, Mr. Khalifa, Mr. Mazilu Mr. Simpson: draft resolution E/CN.4/Sub.2/1984/L.10 Mr. Al Khasawneh, Mr. Alfonso Martinez, 8 Mr. Bhandare, Mr. .Bossuyt,-Mr. Chowdhury, Mrs. Daes, Mr. Dahak, Mr. Deschenes, Mr. George, Mr. Despouy, Mrs. Gu Yijie, Mr. Joinet, Mr. Khalifa,, Mr. Martinez,, Baez, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr, Roche, Mr. Simpson, Mr. Sofinsky, Mr. Takemoto, Mr. Uribe Portocarrero, Mr, Valdez Baquero,. Mr. Whitaker, Mr. Yimer: draft resolution E/CN.4/Sub.2/1984/L.ll Mr. Alfonso Martinez, Mr. Bossuyt, Mr. Dahak, 8 Mr. Deschenes, Mr. Despouy, Mr. Joinet, Mr. Mazilu, Mr. Roche, Mr Takemoto, Mr. Whitaker: draft resolution E/CN.4/1985/3 E/CN.4/Sub.-2/l 984/43 Annex V Page 5 .:'... Agenda item E/CN.4/Sub.2/1984/L.12 Mr. Roche, Mr. Whitaker: draft resolution 8 E/CN.4/Sub.2/1984/L.13 Mr. Dyschenes, Mr. .Roche: draft decision 8 E/CN.4/Sub.2/1984/L.14 Mr. Bossuyt, Mr. Dahak, Mr. Deschenes, Mr. Despouy, 8 Mr. Roche, Mr. Takemoto, Mr. Whitaker.: draft . resolution E/CN.4/Sub.2/1984/L.15 Mr. Bossuyt, Mrs. Daos, Mr. Dahak, Mr. Declines, 0(c) Mr. Dove-Edwin, Mrs. Gu Yijie, Mr. Joinet, Mr. Mubanga-Chipoya, Mr. Whitaker: draft resolution E/CN.4/Sub.2/1984/L.l6 Mr. Al Khasawneh, Mr. Alfonso Martinez, 9 Mr. Bossuyt, Mr. Carey, Mr. Chowdhury, Mrs. Daes, Mr. Dahak, Mr. Deschenes, Mr. Martinez. Baez, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr Simpson, " Mr. Takemoto, Mr. Valdez Baquero, Mr. Whitaker, Mr. Yimer: draft resolution . E/CN.4/Sub.2/1984/L.17 Mr. Alfonso Martinez, Mr. Al. Khasawneh t . . 8 Mr. Bossuyt, Mr. Despouy, Mr. Joinet, Mr. Martinez Baez, Mr.,; Roche, . Mr. Simpson, Mr. Uribe Portocarrero,. Mr. Whitaker: draft resolution E/CN.4/Sub.2/1984/L.l8 Mr. Bossuyt, Mrs. Daes, Mr. Deschenes, Mr. George, 6 Mr. Martinez Baez, Mr. Mubanga-Chipoya., Mr. Roche, . Mr. Simpson, Mr. Uribe Portocarrero, Mr. Valdez Baquero, Mr. Whitaker: draft resolution E/CN.4/Sub.2/1984/L.19 Mr. Al Khasawneh, Mr. Alfonso Martinez, 11 Mr. Bossuyt, Mr. Chowdhury, Mrs. Daes, Mr. Dahak, Mr. Deschenes, Mr. George, Mr. Despouy, Mr..'Joinet,’ Mr-. Martinez Baes, Mr. Mazilu, . Mr. Mubanga-Chipoya Mr. Rocher Mr. Simpson, Mr. 'Sofinsky, Mr. Takemoto, Mr. Valdez Baquero, Mr. Whitaker, Mr. Yimer: draft resolution E/CN.4/Sub.2/1984/L.20 Mr. Al .Khasawneh, Mr. Chowdhury, Mr. Dahak, 8(a) Mr. Despouy, Mr. Martinez Baez, Mr. Mazilu, Mr. Roche, Mr. Simpson,. Mr. Takemoto, Mr. Valdez Baquero, Mr. Whitaker, Mr. Yimer: draft resolution E/CN.4/Sub.2/1984/L.21 Mr. -Bossuyt, Mr. Deschenes .Mr. George 9 ; Mr. Khalifa, Mr. Martinez Baez, Mr. Mazilu, Mr. .Roche,. Mr.' Simpson, Mr. -Takemoto: draft resolution. E/CN.4/1985/3 E/CN.4./Sub.2/1984/43 Annex V page 6 Agenda item E/CN.4/Sub.2/1984/L.22 Mr. Bossuyt, Mrs. Daes, .Mr. Dahak, . , 9. Mr. Deschenes, Mr. Dove-Edwin, Mrs. Gu Yijie, Mr. Khalifa, Mr. Martinez Baez, Mr. Mazilu, Mr. Whitaker: draft resolution E/CN.4/Sub.2/1984/L.25 Mr. Bossuyt, Mr. Chowdhury, Mr. Dahak, 11 Mr. Deschenes: draft resolution E/CN.4/Sub.2/1984/L.24 Mr. Whitaker: draft resolution 6 . E/CN.4/Sub.2/1984/L,25 Mr.Alfonso Martinez, Mr. Bhandare, Mr. Bossuyt, 6. Mr. Chowdhury, Mrs. Daes, Mr. Martinez Baez, Mr. Mazilu, Mr. Roche, Mr. Simpson: draft resolution. E/CN.4/Sub.2/1984/L.26: Mr. Bossuyt, Mr. Deschenes, Mr. George, 6 Mr. Martinez Baez, Mr. Mazilu, Mr. Mubanga-Chipoya, Mr. Roche, Mr. Simpson, Mr. Whitaker, Mr. Timer: draft resolution E/CN.4/Sub.2/1984/L,27 Mr. Alfonso Martinez, Mr. Joinet, 6 Mr. Martinez Baez, Mr. Mazilu," .Mr. Mubanga-Chipoya, Mr. Roche, Mr. Simpson, Mr. Sofinsky, Mr. Takemoto: draft resolution E/CN.4/Sub.2/1984/L.28 Mr. Sofinsky: draft decision 10 E/CN.4/Sub.2/1984/L.29 . Mr. Sofinsky: draft resolution 6(b) E/CN.4/Sub.2/1984/L.30 Mr. Despouy, Mrs. .Gu Yijie, Mr. Joinet, 6 Mr. Khalifa, Mr. Martinez Baez, Mr. Mubanga-Chipoya, Mr. Simpson, Mr. Uribe Portocarrero, Mr. Whitaker, Mr. Yiraer: -'' draft resolution E/CN,4/Sub.2/1984AL'.31 .- Mr. Sofinsky;,. draft resolution 6 E/CN.4/Sub.2/1984/L.32- Mr.-- Sofinsky: draft resolution 10 E/CN.4/Sub.2/1984/L.33 Mrs. Daes, Mr. Deschenes, Mr. Joinet, 6 Mr. ;Mubanga-Chipoya, Mr... Roche, Mr. Simpson, , Mr. Valdez Baquero, Mr. Whitaker: draft resolution . E/CN.4/Sub.2/1984/L.34 Mr. Al Khasawneh, Mr;, Alfonso. Martinez, 8 Mr. Bhandare, Mr. Bossuyt, Mr. Chowdhury, Mr. Dahak, Mr. Despouy, Mr. George, Mr. Joinet, Mr. Martinez Baez, Mr.. Mazilu Mr. Mubanga-Chipoya, Mr. Roche. Mr. Simpson, Mr.. Takemoto, Mr. Uribe Portocarrero, Mr. Valdez Baquero, Mr. Whitaker, Mr. Yimer: draft resolution