UVA Law Logo Mobile

UN Human Rights Treaties

Travaux Préparatoires

A/C.3/35/SR.49

Record of meeting held on 7 Nov. 1980.

Extracted Text

United Nations GENERAL THIRD COMMITTEE ASSEMBLY 49th meeting held on THIRTY-FIFTH SESSION Friday. 7 November 1980 at 10.30 a.m. Official Records New York SUMMARY RECORD OF THE 49th MEETING chairman : Mr. GARVALOV (Bulgaria) CONTENTS STATEMENT BY THE CHARMAN AGENDA ITM 80: UNITED NATIONS DECADE FOR WOMEN: EQUALITY, DEVELOPMENT AND PEACE (continued) (a) WORLD CONFERENCE OF THE UNITEDD NATIONS DECADE FOR WOMEN (b) VOLUNTARY FUND FOR THE UHITED NATIONS DECADE FOR WOMEN: REPORT OF THE SECRETARY-GENERAL (c) INTERNATIONAL RESEARCH AND TRAINING INSTITUTE FOR THE ADVANCEMENT OF WOMEN: REPORT OF THE SECRETARY-GENERAL AGENDA ITEM 83: STATUS OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN: REPORT OF THE SECRETARY-GENERAL (continued) AGENDA ITEM 69: INTERNATIONAL YOUTH YEAR: PARTICIPATION, DEVELOPMENT, PEACE (continued) AGENDA ITEM 8l: POLICIES AND PROGRAMMES RELATING TO YOUTH (continued) AGENDA ITEM 71: PROBLEMS OF THE ELDERLY AND THE AGED (continued) AGENDA ITEM 73: QUESTION OF A CONVENTION ON THE RIGHTS OF THE CHIDO (continued) AGENDA ITEM 79: INTERNATIONAL YEAR OF DISABLED PERSONS (continued) AGENDA ITEM 70: PRESERVATION AND FURTHER DEVELOPMENT OF CULTURAL VALUES, INCLUDING THE PROTECTION, RESTITUTION AND RETURN OF CULTURAL AND ARTISTIC PROPERTY (continued) Distr. GENERAL A/C.3/35/SR.49 13 November 1980 ORIGINAL: ENGLISH 80-57388 A/C.3/35/SR.49 English Pace 2 CONTENTS (continued) AGENDA ITEM 68: ELIMINATION OF ALL FORMS OF RELIGIOUS INTOLERANCE (continued) AGENDA ITEM 72: HUMAN RIGHTS AND SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS (continued) AGENDA ITEM 76: INTERNATIONAL COVENANTS ON HUMAN RIGHTS (continued) (a) REPORT OF THE HUMAN RIGHTS COMMITTEE (b) FUTURE MEETINGS OF THE HUMAN RIGHTS COMMITTEE (c) STATUS OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THE OPTIONAL PROTOCOL TO THE I INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS ORGANIZATION OF WORK A/C.3/35/SR.49 English Page 3 The meeting Was called to order at 10.55 a.m. STATEMENT BY THE CHAIRMAN 1. The CHAIRMAN, speaking also as the representative of Bulgaria, congratulate the delegations of the Union of Soviet Socialist Republics, the Byelorussian Soviet Socialist Republic and the Ukrainian Soviet Socialist Republic on the occasion of their National Day, the sixty-third anniversary of the Great October Socialist Revolution of 1917. 2. Mr. BYKOV (Union of Soviet Socialist Republics), on behalf of his delegation and the delegations of the Byelorussian Soviet Socialist Republic and the Ukrainian Soviet Socialist Republic, acknowledged the congratulations of the Chairman and other delegations on the anniversary of the Great October Socialist Revolution. His delegation would make every effort to achieve the Leninist goals of peace and friendship among peoples. AGENDA ITEM 80: UNITED NATIONS DECADE FOR WOMEN: EQUALITY, DEVELOPMENT AND PEACE (continued) (A/C.3/35/L.17) (a) WORLD CONFERENCE OF THE UNITED NATIONS DECADE FOR WOMEN (A/C.3/35/L.25) (b) VOLUNTARY FUND FOR THE UNITED NATIONS DECADE FOR WOMEN: REPORT OF THE SECRETARY-GENERAL (A/C.3/35/L.24) (c) INTERNATIONAL RESEARCH AND TRAINING INSTITUTE FOR THE ADVANCEMENT OF WOMEN: REPORT OF THE SECRETARY-GENERAL AGENDA ITEM 83: STATUS OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN: REPORT OF THE SECRETARY-GENERAL (continued) (A/C.3/35/L.16) 3. Mr. GLAIEL (Syrian rib Republic), speaking on a point of order, said that since Arabic was an official language of the Main Committees, the Arabic-speaking delegations had a right to receive all documents in good time in their own language. If documents did not appear in Arabic in future, the Arab delegations would abstain from participating in the deliberations. 4• The CHAIRMAN said that the point was valid and would be taken up with the competent authorities. Draft resolution A/C.3/35/L.17: United Nations Decade for Women: Equality, Development and Peace 5- Mr. CARDWELL (United States of America), speaking in explanation of vote, said that if there had been a vote taken on the draft decision relating to draft resolution A/C.3/35/L-17, the United States would have abstained. A/C.3/35/SR.49 English Page 4 (Mr. Cardwell, United States) 6. On substantive grounds, his delegation objected to the concept of the Declaration on the Participation of Women in the Struggle for the Strengthening of International Peace and Security and Against Colonialism, Racism, Racial Discrimination, Foreign Aggression, Occupation and All Forms of Foreign Domination because it was an inappropriate attempt to promote political causes under the guise of addressing issues of concern to women. Discussion of such a declaration had given rise in the past to inflammatory political statements. The United States did not see that it contributed in any way to the advancement of women. If the draft resolution had been put to a vote, his delegaticn would have voted against it. 7. The draft resolution referred to the Declaration of Mexico and the Programme of Action for the Second Half of the United Nations Decade for Women, which the United States had opposed because they included unacceptable language. The draft resolution also referred to General Assembly resolution 34/158 and resolution 11 of the Copenhagen Conference, both of which his delegation had also opposed. In addition, the United States would have voted against draft resolution A/C.3/35/L.17 because there had been no proper consultation with the co-sponsors at the current session and there were no provisions in the draft resolution for adequate consultations at the thirty-sixth session of the General Assembly. 8. Mr. VERKERCKE (Belgium) said that his delegation would have abstained if the draft decision relating to draft iesolution A/C.3/35/L.17 had been put to the vote because it had doubts regarding the desirability of such a document. It did not contribute to the cause of peace or the advancement of vomer.. It was essential that full consideration should be given at the thirty-sixth session of the General Assembly to all comments and suggestions made by Member States on the draft Declaration, including suggestions concerning the title. 9. Mr. EDIS (United Kingdom) said that if a vote had been taken on the draft decision concerning draft resolution A/C.3/35/L.17, his delegation would have abstained, because it questioned the value of the draft Declaration, which seemed to reflect propaganda on disernaneat issues. 10. Miss ROSER (Federal Republic of Germany) said that her delegation accepted the decision of the Committee, but that if a vote had been taken, her delegation would have abstained. 11. Mrs. SAELZER (German Democratic Republic) said that her delegation welcomed the decision of the Committee to submit the draft Declaration to the thirty-sixth session of the General Assembly for consideration. The decision formed a good basis for the implementation of the clear-cut mandate of the Copenhagen Conference to further the elaboration of a draft Declaration on the subject. She thanked the sponsors of the draft resolution, especially the Libyan Arab Jamahiriya, and assured the Committee that her delegation would work for the early adoption of the draft resolution. A/C.3/35/SR.49 English Page 5 12. Ms. FANTHORPE (New Zealand) said that her delegation would have abstained from voting on the draft decision relating to the draft resolution because it felb that there was no need for such a declaration, especially since the adoption of the Convention on the Elimination of All Forms of Discrimination against Women. The subject-matter of the new proposed instrument would have proved divisive and controversial, and would have done little to promote unified efforts to improve the status of women. Draft resolution A/C3/35/L.24: Voluntary Fund for the United Nations Decade for Women 13. Mrs. SANTAHDER-DOWNING (Secretary of the Committee) said that Norway and Costa Rica had become co-sponsors of draft resolution A/C.3/35/L.24. She also pointed out that in open tive paragraph 5 the phrase. “thirty-fourth session" should read "thirty-sixth session". 14. The CHAIRMAN noted that there was general agreement on draft resolution A/C.3/35/L.24. 15. Draft resolution A/C.3/35/L.24 was adopted without a vote. Draft resolution A/C.3/35/L.25: World Conference of the United Nations Decade for Women 16. Draft resolution A/C.3/35/L.25 was adopted without a vote. Draft resolution A/C. 3/35/L.36: Status of the Convention on the Elimination of All Forms of Discrimination against Women 17. Mrs. SANTANDER-DOWNING (Secretary of the Committee) announced that the following countries had become co-sponsors of draft resolution A/C.3/35/L.16 Angola, Belgium, Bhutan, Burundi, Canada, Colombia, Costa Rica, Dominican Republic, Ethiopia, Italy, Liberia, Mongolia, Trinidad and Tobago, Uganda, the United Republic of Tanzania and Viet Nam. Two changes should be made in the draft resolution: in operative paragraph 1, "81" should read "79" and in operative paragraph 2, "eight" should read "ninc” 18. The CHAIRMAN noted that there was general agreement on draft resolution A/C.3/35/L.16. 19. Draft resolution A/C.3/35/L.16 was adopted without a vote. 20. Mr. AL-GHAZALI (Iraq) 3aid that his delegation had reservations with regard to the Convention on the Elimination of All Forms of Piscrimination against Women because certain parts might be in contradiction with local legislation in Iraq. On the whole, however, the efforts of the Working Group in developing the Convention were laudable. 21- Mrs. VARZAZI (Morocco) said that if the had been a vote on the draft resolution, her delegation would have voted gainst it. A/C3/35/SR.149 English Page 6 22. Mrs. MAIR (Secretary-General, World Conference of the United Nations Decade for Women) expressed her appreciation and that of the Conference secretariat for the work the Committee had done to formulate and negotiate the resolutions adopted on the item, thu3 ensuring that the decisions made in Copenhagen could now begin to be implemented. The administrative and financial implications would soon be discussed in the Fifth Committee, and after their adoption by the plenary Assembly the programmes would become a formal part of United Nations activities. Plan3 had already been drafted by officials of the United Nations, specialized agencies and non-governmental organizations for the implementation of the recommendations of the Conference. A sub regional follow-up meeting for Pacific women had been held in Fiji on the implementation of the Plan of Action for the Second Half of the Decade for Women. Issues had been identified and strategies formulated that were consistent with the work being done in the United Nations General Assembly. 23. Mrs. SIPILA (Assistant Secretary-General for Social and Humanitarian Affairs) expressed her deep gratitude to the Secretary-General and to the secretariat of the World Conference of the United Nations Decade for Women. AGENDA ITEM 69: INTERNATIONAL YOUTH YEAR: PARTICIPATION, DEVELOPMENT, PEACE (continued) (A/C.3/35/L.26, L.38, L.39, L.40) AGENDA ITEM 8l: POLICIES AND PROGRAMMES RELATING TO YOUTH (continued) (A/C.3/35/L.32) AGENDA ITEM 71: PROBLEMS OF THE ELDERLY AND THE AGED (continued) (A/C.3/35/L.28; A/35/130/Add.1) AGENDA ITEM 73: QUESTION OF A CONVENTION ON THE RIGHTS OF THE CHILD (continued) (A/C.3/35/L.14 AGENDA ITEM 79: INTERNATIONAL YEAR OF DISABLED PERSONS (continued) (A/C3/35/L.34, L.41) AGENDA ITEM 70: PRESERVATION AND FURTHER DEVELOPMENT OF CULTURAL VALUES, INCLUDING THE PROTECTION, RESTITUTION AND RETURN OF CULTURAL AND ARTISTIC PROPERTY (continued) (A/C.3/35/L.22, L.33) AGENDA ITEM 63: ELIMINATION OF ALL FORMS OF RELIGIOUS INTOLERANCE (continued) (A/C.3/35/L.30) AGENDA ITEM 72: HUMAN RIGHTS AND SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS (continued) (A/C.3/35/L.27, L.31) AGENDA ITEM 76:* INTERNATIONAL COVENANTS ON HUMAN RIGHTS (continued) (A/C.3/35/L.29) (a) REPORT OF THE HUMAN RIGHTS COMMITTEE (b) FUTURE WRINGS Of THE HUMAN RIGHTS COMMITTEE A/C.3/35/SR.49 English Page 7 (c) STATUS OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 24, Mrs. CASTILLO (Dominican Republic) requested that her delegation be added to the list of sponsors of draft resolutions A/C.3/35/L.26, L.27, L.29 and L.34. Draft resolution A/C.3/35/L.32: Policies and programmes relating to youth 25. Miss NAGA (Egypt), introducing draft resolution A/C.3/35/L.32 on behalf of the sponsors, who had been Joined by Austria, Barbados, Colombia, the Federal Republic of Germany, Fiji, Ireland, Lebanon, Morocco, the Philippines, Rwanda, Venezuela and Zeire, said that the large number of delegations sponsoring draft resolution A/C.3/35/L. 32 reflected the importance that Governments attached to the question of policies and programmes relating to youth. That had already been made very clear in statements in the general debate". The draft resolution emphasized the need to implement special guidelines to improve channels of communication between the United Nations and youth and youth organizations at the national, regional and international levels. The sponsors attached great importance to operative paragraph 4, which requested the Secretary-General to submit proposals for additional guidelines for adoption at the thirty-sixth session of the General Assembly. The sponsors hoped that the draft resolution would be adopted without a vote. Draft resolution A/C.3/35/L.28: Problems of the elderly and the aged 26. Mr. VELLA (Malta), introducing draft resolution A/C.3/35/L.28 on behalf of the sponsors, who had been Joined by Algeria, Austria, Barbados, Bolivia, Colombia, Cyprus, Egypt, Guyana, Iceland, India, Mauritania, Morocco, Nepal and the Philippines, said that the draft resolution contained nothing controversial and in many respects was a procedural resolution. 27. Operative paragraph 1 referred to a report which had already been adopted by the Economic and Social Council, so the Committee should have no difficulty in expressing approval of the proposals it contained. In that connation, the words "including the financial and administrative arrangements" at the end of operative paragraph 1 should be deleted. The change of the name of the World Assembly on the Elderly to the World Assembly on Aging in operative paragraph 4 had been made in order to refer not simply to an age group but also to the interrelationship between elderly people and the economy and development. The voluntary fund referred to in operative paragraph 5 would simply be an account for Governments' voluntary contributions for the World Assembly. In connation with operative paragraph 8, he wished to express appreciation for the assistance received from the United Nations Fund for Population Activities in the past. 28. The draft resolution had financial implications which would have to be considered by the Fifth Committee. It would be evident from the Secretary-General's statement of the financial implications of the World Assembly that a very small budget was planned. Negotiations were under way with a view to achieving a consensus on the draft resolution.¦ A/c.3/35/SR.49 English Page 8 Draft resolution A/C.3/35/L.34: International Year of Disabled Persons 29. Mr. ABDUL AZIZ (Libyan Arab Jamahiriya), speaking on behalf of the sponsors, who had been Joined by Afghanistan, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Canada, Cuba, the Dominican Republic, EI Salvador, the Federal Republic of Germany, Guinea-Bissau, Ireland, Lebanon, Madagascar, Niger, Nigeria, Norway, Qatar, Pakistan, Romania, Luanda, the Syrian Arab Republic, Tanzania, Uruguay, Venezuela, Zaire and Zimbabwe, said that in operative paragraph 3, the word "buildings" should be added after the words "United Nations'' and in operative paragraph 9 the words including information activities" should be deleted. 30. The sponsors believed that the draft resolution was humanitarian in nature and reflected concerns of the international community which transcended differences in political and economic systems or in traditions, religions and beliefs. It had been prepared in the light of the report of the Advisory Committee for the International Year of Disabled Persons and also of the views of delegations on the implementation of the Plan of Action for the International Year of Disabled Persons, as well as on further action to be taken after the International Year at the national, regional and international levels. It reflected a special interest in strengthening the secretariat of the International Year and in strengthening programmes which would inform international public opinion about the rights and responsibilities of disabled persons. The sponsors welcomed the offer of the Government of Argentina to host the international symposium of experts on technical assistance in the field of disability and technical co-operation among developing countries to be convened during the International Year. They hoped that the draft resolution would be adopted by consensus. Draft resolution A/C.3/35/L.30: Elimination of all forms of religious intolerance 31. Mr. WALKATE (Netherlands), introducing draft resolution A/C.3/35/L.30 on behalf of the sponsors, who had been Joined by Austria., Bolivia, Costa Rica, El Salvador, the Federal Republic of Germany, Gambia, Kenya and Nicaragua, said that for over six years the Commission on Human Rights had laboured to draft a declaration on the elimination of all forms of religious intolerance and had reached agreement on the preamble and on about five operative paragraphs. Encouraging progress had been made at its two rest recent sessions and it was to be hoped that the momentum would be maintained. The draft resolution was procedural and dealt with a very important subject. The sponsors honed that it would be adopted without a vote. Draft resolution A/C.3/35/L.27: Human rights and, scientific and technological developments 32. Mr. OGURTSOV (Byelorussian Soviet Socialist Republic), introducing draft resolution A/C.3/35/L.27 on behalf of the sponsors, who wed been Joined by Afghanistan, the Dominican Republic, the German Democratic Republic, Mauritania, Nongolia and Viet Ham, said that in operative paragraph 1, the words "by the States" should be deleted and in operative paragraph 4t the words "and specialized agencies should be deleted. In some language versions of the draft resolution, the words "new international economic order" in the fourth preambular paragraph needed to be capitalized. A/C.3/35/SR.49 English Page 9 (Mr. Ogurtscv, Byelorussian SSR) 33. The objective of the sponsors was to draw the attention of Member States and specialized agencies of the United Nations to the importance of the implementation of the Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind. The draft resolution was self-explanatory. The sponsors had felt it necessary to include in the preamble an indication that scientific and technological progress could be used to the detriment of human rights and fundamental freedoms since come representatives had made that point in their statements. That concern was also reflected in the Declaration itself. The sponsors had tried to take into account the views of many delegations and hoped that the draft resolution would be adopted by consensus. 34. Miss RICHTER (Argentina) said that her delegation had proposed an additional preambular paragraph to draft resolution A/C.3/35/L.2.7 referring to article 13 of the Declaration on Social Progress and Development, since that article was of great importance to developing countries. Since her suggestion had not been taken up, she wished to put it forward as an amendment to draft resolution A/C.3/35/L.27. Draft resolution A/C.3/35/L.31: Human rights and scientific and technological developments 35. Mr. EDIS (United Kingdom), introducing draft resolution A/C.3/35/L.31, announced that Morocco had become a sponsor. The draft resolution was intended to ensure follow-up of the action that had already begun in various United Nations bodies in pursuance of resolution 10 /. (XXXIII) of the Commission on Human Right3 and General Assembly resolution 33/53. 36. In response to suggestions and comments from other members of the Committee, the sponsors had agreed to the following amendments. Firstly, the following new text would be added as the fifth preambular paragraph: "Bearing in mind its resolution 34/l68 on the draft Code of Medical Ethics submitted by the World Health Organization to the General Assembly,". The subsequent preambular paragraphs would be renumbered accordingly. Secondly, operative paragraph 2 would be amended to read: "2. Requests the Commission on Human Rights and the Economic and Social Council to consider the draft guidelines related to procedures for determining whether adequate grounds exist for detaining persons on the grounds of mental ill-health and the draft principles for the protection of persons suffering from mental disorder requested in resolution 33/53 with a view to submitting them to the General Assembly at its thirty-seventh session." 37. Mrs. WARZAZI (Morocco)'said that, in the Trench text, in the fourth and sixth lines of operative paragraph 2, the words "des projects" should be replaced by the singular form "le project". 38. Miss RICHTER (Argentine) said that the fourth preambular paragraph referred to a resolution with which members of the Third Committee were not familiar. She would assume that the report of the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities would be submitted to the Commission on Human Rights at its next session in February 1931. A/C.3/35/SR.49 English page 10 Draft resolution A/C.3/35/L.29: International Covenants on Human Rights 39. Mr. DYRLUND (Denmark), introducing draft resolution A/C.3/35/L.29, announced that Barbados and Rwanda had become sponsors. 40. In submitting the draft resolution, the sponsors wished to emphasize the importance they attached to the International Covenants on Human Rights. International protection of human rights could best be achieved by legally binding treaties with appropriate international supervision. The entry into force of the Covenants, which were based on the Universal Declaration of Human Right3, marked a milestone in the history of human rights. However, the Covenants could not play their full role in the realization of human rights throughout the world unless they were universally applied and operative paragraphs 6 and 7 had been included in the draft to underscore that point. The sponsors also wished to stress the important roles of the Economic and Social Council and the Human Rights Committee in the implementation of the Covenants and the Optional Protocol. Effective implementation machinery was a prerequisite for the realization of the Covenants' provisions and it was therefore of paramount importance that the Division of Human Rights be given sufficient means to assist the Human Rights Committee and the Economic and Social Council in carrying out their respective functions, as stated in operative paragraph 12. The sponsors hoped that the draft resolution, as in previous years, would be adopted by the Third Committee without a vote. Draft resolution A/C.3/35/L.33: Preservation and further department of cultural values, including the protection, restitution and return of oral and artistic property 41. Miss NAGA (Egypt), introducing draft resolution A/C.3/35/L.33, announced that Cuba, El Salvador, Ethiopia, Guinea-Bissau, Mexico, Niger, Papua New Guinea, Somalia, the Sudan, and the Syrian Arab Republic had become sponsors. The sponsors wished to thank the representative of UNESCO for her assistance in preparing the text. Finally, she wished to draw attention to a typographical error in the second preambular and the sixth operative paragraphs: the date of the Convention to which they referred was 14 November 1970. ORGANIZATION OF WORK 42. Mr. HAMMOUD (Lebanon) said that having studied the documentation relating to agenda item 78 on the Office of the United Nations High Commissioner for Refugees, his delegation noted that the issues pertaining to specific refugee situations, and, more particularly, resolutions of the Economic and Social Council on the convening of an international pledging conference for African refugees were not included under that item. In view of the close interrelationship between the report of the High Commissioner, the Economic and Social Council reports on specific refugee situations and the convening of the pledging conference, his delegation strongly believed that it would be more appropriate to take up those interrelated issues concerning refugees under a single agenda item, namely, item 70. His delegation hoped that members of the Committee would respond positively to that proposal since its obvious and only purpose was to deal with the issue in a coherent manner and to avoid overlapping and duplication. A/c.3/35/SR.49 English Page 11 43. The CHAIRMAN said that he had held consultations with several representatives from Arab counties and it was his understanding that the Lebanese proposal would not entail a reshuffling of the programme of work. It was also his understanding that under item 78, the Committee would take up the chapters of the report of the Economic and Social Council that dealt with refugees. Furthermore, if draft resolutions which entailed financial implications were not available to the Committee by the afternoon of Wednesday, 12 November, action would be taken on them when the Committee took up agenda item 12. If he heard no objections, he would take it that the Committee agreed to the proposal by the representative of Lebanon. 44. It was so decided. The meeting rose at 1 p.m.