UN Human Rights Treaties

Distr.
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E/CN.4/1993/L.11/Add.5
9 March 1993
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Forty-ninth session
Agenda item 30
DRAFT REPORT OF THE COMMISSION
Rapporteur: Mr. Zdzislaw KEDZIA (Poland)
CONTENTS*
Chapter Page
II. Resolutions and decisions adopted by the Commission
at its forty-ninth session
A. Resolutions
1993/23. Succession of States in respect of
international human rights treaties . . . . .
1993/24. Rights of persons belonging to national
or ethnic, religious and linguistic
minorities . . . . . . . . . . . . . . . . . .
* E/CN.4/1993/L.10 and addenda will contain the chapters of the report
relating to the organization of the session and the various items on the
agenda. Resolutions and decisions adopted by the Commission, as well as draft
resolutions and decisions for action by, and other matters of concern to, the
Economic and Social Council will be contained in documents E/CN.4/1993/L.11
and addenda.
GE.93-12034 (E)
E/CN.4/1993/L.11/Add.5
page 2
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
(cont’d)
1993/25. Implementation of the Declaration on
the Elimination of All Forms of Intolerance
and of Discrimination based on Religion
or Belief . . . . . . . . . . . . . . . . . .
1993/26. United Nations Voluntary Trust Fund on
Contemporary Forms of Slavery . . . . . . . .
1993/27. Report of the Working Group on Contemporary
Forms of Slavery of the Sub-Commission on
Prevention of Discrimination and Protection
of Minorities . . . . . . . . . . . . . . . .
1993/28. Work of the Sub-Commission on Prevention
of Discrimination and Protection of
Minorities . . . . . . . . . . . . . . . . . .
1993/29. Human rights and disability . . . . . . . . .
1993/30. International Year of the World’s
Indigenous People, 1993 . . . . . . . . . . .
1993/31. Report of the Working Group on Indigenous
Populations of the Sub-Commission on
Prevention of Discrimination and Protection
of Minorities . . . . . . . . . . . . . . . .
1993/32. The administration of justice and human
rights . . . . . . . . . . . . . . . . . . . .
1993/33. Human rights and forensic science . . . . . .
1993/34. Question of a draft optional protocol to
the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or
Punishment . . . . . . . . . . . . . . . . . .
1993/35. Question of enforced or involuntary
disappearances . . . . . . . . . . . . . . . .
1993/36. Question of arbitrary detention . . . . . . .
1993/37. Status of the Convention against Torture
and other Cruel, Inhuman or Degrading
Treatment or Punishment . . . . . . . . . . .
E/CN.4/1993/L.11/Add.5
page 3
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
(cont’d)
1993/38. United Nations Voluntary Fund for
Victims of Torture . . . . . . . . . . . . . .
1993/39. Staff members of the United Nations
and of the specialized agencies in
detention . . . . . . . . . . . . . . . . . .
1993/40. Torture and other cruel, inhuman or
degrading treatment or punishment . . . . . .
1993/41. Human rights in the administration
of justice . . . . . . . . . . . . . . . . . .
1993/42. Question of human rights and states of
emergency . . . . . . . . . . . . . . . . . .
1993/43. Question of the impunity of perpetrators
of violations of human rights . . . . . . . .
1993/44. Independence and impartiality of the
judiciary, jurors and assessors and
the independence of lawyers . . . . . . . . .
1993/45. Right to freedom of opinion and
expression . . . . . . . . . . . . . . . . . .
1993/46. Integrating the rights of women into
the human rights mechanisms of the
United Nations . . . . . . . . . . . . . . . .
B. Decisions
1993/105. Study on treaties, agreements and other
constructive arrangements between States
and indigenous populations . . . . . . . . . .
1993/106. Right to a fair trial . . . . . . . . . . . .
1993/107. The right to restitution, compensation
and rehabilitation for victims of gross
violations of human rights and fundamental
freedoms . . . . . . . . . . . . . . . . . . .
1993/108. Study of the issue of the privatization
of prisons . . . . . . . . . . . . . . . . . .
E/CN.4/1993/L.11/Add.5
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A. Resolutions
1993/23. Succession of States in respect of international
human rights treaties
The Commission on Human Rights,
Affirming that the consistent and effective implementation of
international human rights instruments is of major importance to the
strengthening of peace, international cooperation and promotion of universal
respect for and observance of human rights and fundamental freedoms in
accordance with the Charter of the United Nations, the Universal Declaration
of Human Rights and the International Covenants on Human Rights,
Bearing in mind the considerable changes within the international
community, connected with the dissolution of States and the emergence of
successor States,
Considering that as successor States they shall succeed to international
human rights treaties to which the predecessor States have been parties and
continue to bear responsibilities,
Emphasizing the special importance of the observance of universal norms
and standards on human rights for the maintenance of stability and the rule of
law in any State,
Noting that the confirmation of successor States to appropriate
depositaries that they continue to fulfil international human rights treaty
obligations of the predecessor State is important in facilitating full and
effective cooperation between successor States and United Nations human rights
bodies in the promotion of universal enjoyment of human rights and fundamental
freedoms,
1. Encourages successor States to confirm to appropriate depositaries
that they continue to be bound by obligations under relevant international
human rights treaties;
2. Expresses its satisfaction that some successor States have already
confirmed their succession to international human rights treaties to which the
predecessor States were parties or have become parties to such treaties to
which the predecessor States were not parties;
3. Urges successor States that have not yet done so to accede to or
ratify those international human rights treaties to which the predecessor
States were not parties;
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4. Requests the Secretary-General to render advisory services with
respect to succession or accession to international human rights treaties to
successor States which are members of the United Nations and to report to the
Commission on Human Rights at its fiftieth session in regard to action taken
under this agenda item;
5. Decides to continue the consideration of this question at its
fiftieth session under the agenda item entitled "Status of the International
Covenants on Human Rights".
57th meeting
5 March 1993
[Adopted without a vote. See chap. XVII.]
1993/24. Rights of persons belonging to national or ethnic,
religious and linguistic minorities
The Commission on Human Rights,
Welcoming General Assembly resolution 47/135 of 18 December 1992 by which
the Assembly adopted the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities, the text of which is
annexed to that resolution,
Acknowledging that the United Nations has an increasingly important role
to play regarding the protection of minorities by, inter alia, taking due
account of the Declaration,
Aware of the provisions of article 27 of the International Covenant on
Civil and Political Rights concerning the rights of persons belonging to
ethnic, religious or linguistic minorities,
Welcoming the increased attention given by human rights treaty bodies to
the non-discrimination and protection of minorities,
Affirming that effective measures and the creation of favourable
conditions for the promotion and protection of rights of persons belonging to
national or ethnic, religious and linguistic minorities, ensuring effective
non-discrimination and equality for all, contribute to the prevention and
peaceful solution of human rights problems and situations involving
minorities,
Noting the growing frequency and severity of disputes and conflicts
concerning minorities in many countries, and their often tragic consequences,
E/CN.4/1993/L.11/Add.5
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Noting the importance of an even more effective implementation of
international human rights instruments with regard to the rights of all
persons, including those belonging to national or ethnic, religious and
linguistic minorities,
Considering that the promotion and protection of the rights of persons
belonging to national or ethnic, religious and linguistic minorities
contribute to political and social stability and peace and enrich the cultural
heritage of society as a whole,
Wishing to strengthen respect for the principles of the Declaration with
a view to preventing disputes involving minorities,
Noting with appreciation the work of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities on ways and means to facilitate
the peaceful and constructive solution to and management of problems involving
minorities by, inter alia, early warning and early action, communication and
dialogue among the parties concerned, and looking forward to the final report
of the Special Rapporteur of the Sub-Commission, Mr. Asbjørn Eide,
Believing that, as one means of promoting the Declaration, community
mediation and other forms of voluntary dispute avoidance or resolution can
contribute to the prevention or management of conflicts concerning minorities,
Believing that the programme of advisory services and technical
assistance of the Centre for Human Rights can play a useful role in providing
expertise, advice and services related to minorities,
1. Calls upon all States to promote and give effect as appropriate to
the principles contained in the Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities adopted by the
General Assembly in its resolution 47/135 of 18 December 1993;
2. Urges all treaty bodies and special representatives, special
rapporteurs and working groups of the Commission on Human Rights and the
Sub-Commission on Prevention of Discrimination and Protection of Minorities to
give due regard to the Declaration, as appropriate, within their mandates;
3. Invites intergovernmental and non-governmental organizations to
continue to promote and protect the rights of persons belonging to national or
ethnic, religious and linguistic minorities;
4. Calls upon the Secretary-General to make available, at the request
of Governments, as part of the programme of advisory services and technical
assistance of the Centre for Human Rights, qualified experts familiar with
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minority issues, as well as with the prevention, resolution and/or management
of disputes, to assist in existing or potential situations involving
minorities;
5. Encourages Governments to consider availing themselves of such
advisory services and technical assistance;
6. Requests the Secretary-General, in implementing the present
resolution, to provide additional human and financial resources for such
advisory services and technical assistance of the Centre for Human Rights,
within the existing overall resources of the United Nations;
7. Requests the Secretary-General to report on the implementation of
the present resolution under the same agenda item to the Commission at its
fiftieth session.
57th meeting
5 March 1993
[Adopted without a vote. See chap. XX.]
1993/25. Implementation of the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination
based on Religion or Belief
The Commission on Human Rights,
Recalling that all States have pledged themselves to promote and
encourage universal respect for and observance of human rights and fundamental
freedoms for all without distinction as to race, sex, language or religion,
Recognizing that these rights derive from the inherent dignity of the
human person,
Reaffirming that discrimination against human beings on the grounds of
religion or belief constitutes an affront to human dignity and a disavowal of
the principles of the Charter of the United Nations,
Recalling General Assembly resolution 36/55 of 25 November 1981, in which
it proclaimed the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief,
Taking note of General Assembly resolution 47/129 of 18 December 1992, in
which the Assembly requested the Commission on Human Rights to continue its
consideration of measures to implement the Declaration,
Recognizing that it is desirable to enhance the promotional and public
information activities of the United Nations in matters relating to freedom of
E/CN.4/1993/L.11/Add.5
page 8
religion or belief and that both Governments and non-governmental
organizations have an important role to play in this domain,
Emphasizing that non-governmental organizations and religious bodies and
groups at every level have an important role to play in the promotion of
tolerance and the protection of freedom of religion or belief,
Conscious of the importance of education in ensuring tolerance of
religion and belief,
Alarmed that serious incidents of intolerance and discrimination on the
grounds of religion or belief occur in many parts of the world, including acts
of violence, as evidenced in the report of the Special Rapporteur
(E/CN.4/1993/62 and Corr.1 and Add.1), Mr. Angelo Vidal d’Almeida Ribeiro,
Conscious that incidents of discrimination and intolerance carried out by
persons or groups of persons on the grounds of religion or belief continue to
occur in many parts of the world,
Believing that further efforts are therefore required to promote and
protect the right to freedom of thought, conscience, religion and belief and
to eliminate all forms of hatred, intolerance and discrimination based on
religion or belief,
1. Reaffirms that freedom of thought, conscience, religion and belief
is a human right derived from the inherent dignity of the human person and
guaranteed to all without discrimination;
2. Expresses its thanks to the Special Rapporteur and takes note of
his report and the various views expressed thereon during its forty-ninth
session;
3. Urges States to ensure that their constitutional and legal systems
provide adequate guarantees of freedom of thought, conscience, religion and
belief, including the provision of effective remedies where there is
intolerance or discrimination based on religion or belief;
4. Recognizes that legislation alone is not enough to prevent
violations of human rights, including the right to freedom of religion or
belief;
5. Urges all States, therefore, to take all appropriate measures to
combat hatred, intolerance and acts of violence, including those motivated by
religious extremism, and to encourage understanding, tolerance and respect in
matters relating to freedom of religion or belief;
E/CN.4/1993/L.11/Add.5
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6. Also urges States to ensure that, in the course of their official
duties, members of law enforcement bodies, civil servants, educators and other
public officials respect different religions and beliefs and do not
discriminate against persons professing other religions or beliefs;
7. Calls upon all States to recognize, as provided in the Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief, the right of all persons to worship or assemble in
connection with a religion or belief and to establish and maintain places for
these purposes;
8. Also calls upon all States in accordance with their national
legislation to exert their utmost efforts to ensure that religious places,
buildings and shrines are fully respected and protected;
9. Recognizes that the exercise of tolerance and non-discrimination by
persons and groups of persons is necessary for the full realization of the
aims of the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief;
10. Considers it desirable to enhance the promotional and public
information activities of the United Nations in matters relating to freedom of
religion or belief and to ensure that appropriate measures are taken to this
end in the World Public Information Campaign for Human Rights;
11. Reiterates, therefore, its invitation to the Secretary-General to
continue to give priority to the dissemination of the text of the Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief in all the official languages of the United Nations and to
take all appropriate measures to make the text available for use by
United Nations information centres, as well as by other interested bodies;
12. Encourages the Special Rapporteur to continue to examine incidents
and governmental actions in all parts of the world that are incompatible with
the provisions of the Declaration and to recommend remedial measures as
appropriate;
13. Encourages Governments to give serious consideration to inviting
the Special Rapporteur to visit their countries so as to enable him to fulfil
his mandate even more effectively;
14. Recommends that the promotion and protection of the right to
freedom of thought, conscience and religion be given appropriate priority in
the work of the United Nations programme of advisory services in the field of
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human rights, including with regard to the drafting of basic legal texts in
conformity with international instruments on human rights and taking into
account the provisions of the Declaration;
15. Encourages the Special Rapporteur to consider whether the
United Nations programme of advisory services in the field of human rights
might be of assistance in certain situations, at the request of States, and to
make appropriate recommendations in this regard;
16. Welcomes the intention of the Human Rights Committee to make
available soon a general comment on article 18 of the International Covenant
on Civil and Political Rights, dealing with freedom of thought, conscience and
religion;
17. Also welcomes the efforts of non-governmental organizations to
promote the implementation of the Declaration, including the submission of
their views to the Preparatory Committee for the World Conference on Human
Rights;
18. Invites interested non-governmental organizations to consider what
further role they could envisage playing in the implementation of the
Declaration and its dissemination in national and local languages;
19. Calls upon all States to consider disseminating the text of the
Declaration in their respective national languages and to facilitate its
dissemination in national and local languages;
20. Requests the Secretary-General to provide all necessary assistance
to the Special Rapporteur to enable him to report to the Commission at its
fiftieth session;
21. Also requests the Secretary-General to report to the Commission at
its fiftieth session on measures taken to implement the present resolution;
22. Decides to continue its consideration of the question at its
fiftieth session under the agenda item entitled "Implementation of the
Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief".
57th meeting
5 March 1993
[Adopted without a vote. See chap. XXII.]
E/CN.4/1993/L.11/Add.5
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1993/26. United Nations Voluntary Trust Fund on
Contemporary Forms of Slavery
The Commission on Human Rights,
Recalling article 4 of the Universal Declaration of Human Rights and
article 8 of the International Covenant on Civil and Political Rights, which
state that no one shall be held in slavery or servitude,
Affirming that the struggle to eliminate slavery includes the provision
of assistance to the victims and to the representatives of non-governmental
organizations dealing with issues of contemporary forms of slavery,
Bearing in mind General Assembly resolution 46/122 of 17 December 1991,
in which the Assembly decided to establish a voluntary trust fund on
contemporary forms of slavery,
Convinced that the United Nations Voluntary Trust Fund on Contemporary
Forms of Slavery will play an important role in the protection of the human
rights of victims of contemporary forms of slavery,
1. Welcomes the appointment by the Secretary-General of a Board of
Trustees of the Voluntary Trust Fund on Contemporary Forms of Slavery, in
accordance with General Assembly resolution 46/122;
2. Appeals to all Governments, organizations and individuals in a
position to do so to respond favourably to requests for contributions to the
Fund, if possible on a regular basis;
3. Requests the Secretary-General to transmit to all Governments the
appeal of the Commission on Human Rights for contributions to the Fund;
4. Also requests the Secretary-General to make use of all existing
possibilities to assist the Board of Trustees of the Fund, inter alia, through
the preparation, production and dissemination of information material, in its
efforts to make the Fund and its humanitarian work better known.
57th meeting
5 March 1993
[Adopted without a vote. See chap. XIX.]
E/CN.4/1993/L.11/Add.5
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1993/27. Report of the Working Group on Contemporary Forms
of Slavery of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities
The Commission on Human Rights,
Recalling the provisions of the Slavery Convention of 1926, the
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery of 1956 and the Convention for
the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others of 1949, as well as article 4 of the Universal
Declaration of Human Rights and article 8 of the International Covenant on
Civil and Political Rights, which state that no one shall be held in slavery
or servitude,
Taking note of the report of the Working Group on Contemporary Forms of
Slavery on its seventeenth session (E/CN.4/Sub.2/1992/34), submitted to the
Sub-Commission on Prevention of Discrimination and Protection of Minorities at
its forty-fourth session,
Having considered the relevant Sub-Commission resolutions including its
most recent resolution 1992/2 of 14 August 1992,
Recalling its resolution 1982/20 of 10 March 1982 on the question of
slavery and the slave trade in all their practices and manifestations and its
resolutions on the reports of the Working Group on Contemporary Forms of
Slavery of the Sub-Commission, including its most recent resolution 1992/47 of
3 March 1992,
Recalling Economic and Social Council resolutions 1982/20 of 4 May 1982
and 1983/30 of 26 May 1983 on the suppression of the traffic in persons and of
the exploitation of the prostitution of others, and the recommendations
contained in resolution 1983/30,
Recalling also Economic and Social Council resolutions 1988/34 of
27 May 1988, 1989/74 of 24 May 1989, 1990/46 of 25 May 1990, 1991/35 of
31 May 1991 and 1992/10 of 20 July 1992,
Recalling further General Assembly resolutions 38/107 of 16 December 1983
and 40/103 of 13 December 1985 on the prevention of prostitution,
Gravely concerned that slavery, the slave trade, slavery-like practices
and even modern manifestations of this phenomenon still exist, representing
some of the gravest violations of human rights,
1. Expresses its appreciation to the Working Group on Contemporary
Forms of Slavery of the Sub-Commission on Prevention of Discrimination and
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Protection of Minorities for its valuable work, in particular the progress
made at its seventeenth session in implementing its programme of work, and for
its continued broad approach and flexible methods of work;
2. Expresses its grave concern at manifestations of contemporary forms
of slavery as reported to the Working Group;
3. Requests the Secretary-General to invite States parties to the
Slavery Convention of 1926, the Supplementary Convention on the Abolition of
Slavery, the Slave Trade, Institutions and Practices Similar to Slavery of
1956 and the Convention for the Suppression of the Traffic in Persons and of
the Exploitation of the Prostitution of Others of 1949 to submit to the
Sub-Commission regular reports on the situation in their countries, as
provided for under the Conventions and in Economic and Social Council
decision 16 (LVI) of 17 May 1974, which contains the mandate of the Working
Group on Contemporary Forms of Slavery;
4. Invites those eligible States that have not ratified or acceded to
the relevant Conventions to consider doing so as soon as possible, or to
explain in writing, if they so wish, why they feel unable to do so, and
invites them to consider providing information regarding their national
legislation and practices in this field;
5. Invites intergovernmental organizations, relevant organizations of
the United Nations system, including the United Nations Children’s Fund, the
United Nations Development Programme, the United Nations University, the
International Labour Organisation, the Food and Agriculture Organization of
the United Nations, the United Nations Educational, Scientific and Cultural
Organization, the World Health Organization, the World Bank, the International
Monetary Fund and the World Tourism Organization, as well as the International
Criminal Police Organization and non-governmental organizations concerned, to
continue to supply relevant information to the Working Group;
6. Appeals to all Governments to send representatives to the meetings
of the Working Group on Contemporary Forms of Slavery;
7. Encourages the Sub-Commission, including its Working Group, to
continue to elaborate recommendations on the ways and means of establishing an
effective mechanism for the implementation of the Slavery Conventions on the
basis of the study prepared by the Secretary-General on this issue
(E/CN.4/Sub.2/1989/37);
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8. Recalls once again its request to the Secretary-General to
designate the Centre for Human Rights as the focal point for the coordination
of activities in the United Nations for the suppression of contemporary forms
of slavery and requests the Secretary-General to report on the measures taken
for this purpose to the Working Group at its eighteenth session and to the
Commission on Human Rights at its fiftieth session;
9. Again requests the Secretary-General to reassign to the Working
Group a full-time Professional staff member of the Centre for Human Rights, as
was the case in the past, under the post which has been included in the budget
of the Centre for questions relating to slavery, to work on a permanent basis
to ensure continuity and close coordination within and outside the Centre on
issues relating to contemporary forms of slavery, and to report on the
measures taken for this purpose to the Working Group at its eighteenth session
and to the Commission on Human Rights at its fiftieth session;
10. Calls upon all relevant non-governmental organizations, including
those interested in the rights of children and women, to attend the sessions
of the Working Group;
11. Endorses the recommendation of the Sub-Commission in its
resolution 1992/2 of 14 August 1992 that arrangements regarding the
organization of the sessions of the Working Group on Contemporary Forms of
Slavery, as contained in decision 1992/115 of 3 March 1992 of the Commission,
be repeated in subsequent years;
12. Recommends that Governments avail themselves of the possibility of
requesting assistance under the United Nations programme of advisory services
in the field of human rights and of the technical assistance programmes of the
specialized agencies, in particular that of the International Labour Office;
13. Also recommends that the supervisory bodies of the International
Labour Organisation give particular attention in their work to the
implementation of provisions and standards designed to ensure the protection
of children and other persons exposed to contemporary forms of slavery;
14. Further recommends that the Human Rights Committee, the Committee
on Economic, Social and Cultural Rights, the Committee on the Elimination of
Discrimination against Women and the Committee on the Rights of the Child,
when examining periodic reports of the States parties, give particular
attention to the implementation of articles 8 and 24 of the International
Covenant on Civil and Political Rights, articles 10, 12 and 13 of the
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International Covenant on Economic, Social and Cultural Rights, article 6 of
the Convention on the Elimination of All Forms of Discrimination against Women
and articles 32, 34, 35, 36 and 39 of the Convention on the Rights of the
Child, and that these Committees include specific questions in their
guidelines for reporting with a view to preventing and combating contemporary
forms of slavery;
15. Invites once again the Special Rapporteur on the sale of children
to examine ways and means of further cooperating with the Working Group on
Contemporary Forms of Slavery;
16. Recalls that the Economic and Social Council in its
resolution 1992/10 requested the Secretary-General to submit a further report
to the Council on the steps taken by Member States, organizations of the
United Nations system and intergovernmental organizations to implement the
recommendations contained in Council resolution 1983/30, and invites the
Working Group to take these reports into account, inter alia, when identifying
lacunae and policy options;
17. Invites all Member States to consider the possibility of taking
appropriate action for the protection of particularly vulnerable groups such
as children and migrant women against exploitation by prostitution and other
slavery-like practices, including the possibility of establishing national
bodies to achieve these objectives;
18. Requests Governments to pursue a policy of information, prevention
and rehabilitation of children and women victims of the exploitation of
prostitution and to take the appropriate economic and social measures deemed
necessary to that effect;
19. Recommends that these concerns be fully considered by the Working
Group at its eighteenth session.
57th meeting
5 March 1993
[Adopted without a vote. See chap. XIX.]
E/CN.4/1993/L.11/Add.5
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1993/28. Work of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities
The Commission on Human Rights,
Taking note of the report of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities on its forty-fourth session
(E/CN.4/1993/2),
Expressing its appreciation for the positive contribution made by the
Sub-Commission to the work of the Commission in the promotion and protection
of human rights,
Recalling the terms of reference of the Sub-Commission as defined by the
Commission and its particular responsibilities established, inter alia, in
Commission resolutions 8 (XXIII) of 16 March 1967 and 17 (XXXVII) of
10 March 1981, Economic and Social Council resolutions 1235 (XLII) of
6 June 1967 and 1503 (XLVIII) of 27 May 1970 and the relevant resolutions of
the General Assembly,
Recalling also its resolution 1992/66 of 4 March 1992, in which it
provided certain guidelines for the work of the Sub-Commission, and Economic
and Social Council resolution 1991/32 of 31 May 1991 on strengthening the
independence of the experts members of the Sub-Commission,
Taking note of the report of the Chairman of the Sub-Commission on the
work of its forty-fourth session (E/CN.4/1993/60) and the proposals contained
therein,
Noting with appreciation the intensified dialogue and the spirit of
cooperation between the Commission and the Sub-Commission through the mutual
exchange of information by their respective chairpersons, in accordance with
paragraphs 17 and 18 of Commission resolution 1990/64 of 7 March 1990,
Convinced of the need for a further strengthening of substantial and
meaningful dialogue between the Commission and the Sub-Commission,
Also convinced that it is essential that the impartiality and objectivity
of the Sub-Commission and the independent status of its members and their
alternates should continue to be its guiding principles,
Further convinced that the credibility and effectiveness of the
Sub-Commission as an expert human rights body are dependent on Governments
nominating and the Commission electing as members and alternates of the
Sub-Commission only individuals who possess genuine expertise in the field of
human rights and who are able to act independently of their Governments,
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Stressing the valuable role that the Sub-Commission, as a body of
independent experts, can play, inter alia, in addressing new developments in
the field of human rights and also in providing a forum for the contributions
of non-governmental organizations in the field of new developments,
Mindful of the important contribution in general that non-governmental
organizations in consultative status with the Economic and Social Council make
to the work of the Sub-Commission, in conformity with the principles embodied
in Council resolutions 1296 (XLIV) of 23 May 1968 and 1919 (LVIII) of
5 May 1975,
Welcoming the report of the inter-sessional working group on the methods
of work of the Sub-Commission established pursuant to Commission
resolution 1992/66 of 4 March 1992 (E/CN.4/Sub.2/1992/3) and the results of
the work of the group,
Convinced that it is highly appropriate for the Commission to give
considered attention to the work of the Sub-Commission and thereby maintain
the effectiveness of both bodies in their respective roles,
Reaffirming that it remains important for the Commission to give guidance
to the Sub-Commission, and for the Sub-Commission to follow that guidance, in
the light of the mandate already granted to it, in order to ensure the
complementarity of its activities with those of the Commission,
1. Reaffirms that the Sub-Commission on Prevention of Discrimination
and Protection of Minorities can best assist the Commission on Human Rights by
providing it with recommendations based on the different views and
perspectives of independent experts, which should be appropriately reflected
in the report of the Sub-Commission, as well as in the expert studies carried
out under its auspices;
2. Calls upon the Sub-Commission, in the fulfilment of its functions
and duties, to be guided by the relevant resolutions of the Commission and the
Economic and Social Council;
3. Takes note with appreciation of the significant steps taken by the
Sub-Commission to rationalize and streamline its work;
4. Welcomes Sub-Commission resolution 1992/8 of 26 August 1992 and the
guidelines annexed thereto;
5. Invites the Sub-Commission to continue its consideration of ways in
which its work should be improved with a view to making recommendations on the
following points:
E/CN.4/1993/L.11/Add.5
page 18
(a) Initiatives for a better coordination with the Commission on
Human Rights and the other competent organs of the United Nations acting in
the field of human rights;
(b) Further strengthening the independence of its experts;
(c) Proposals concerning the rationalization of the agenda, bearing in
mind, inter alia, the relationship between the agenda of the Sub-Commission
and that of the Commission on Human Rights;
(d) Initiatives which would facilitate the widest possible
dissemination of the findings of the Sub-Commission, such as the preparation
of a short summary of each completed study, the purpose being that the
summaries of all studies completed during a session be published separately in
various languages, for example in the Fact Sheet series of the Centre for
Human Rights, thus contributing to better publicity for the studies;
(e) Developing a programme of familiarization with the work of the
Sub-Commission for new members and alternates, in particular by providing them
in good time with a wide variety of documents from the Sub-Commission and
other information material;
6. Reaffirms that one of the tasks of the Sub-Commission is a thorough
examination of information concerning alleged human rights violations, as well
as the presentation of the results of the examination to the Commission;
7. Requests the Sub-Commission to restrict its requests to the
Secretary-General to ask Governments, intergovernmental organizations, the
specialized agencies and other such bodies for their views and comments on
requests relating to those studies that have received prior explicit approval
from the Commission;
8. Invites the Sub-Commission to continue to give due regard to new
developments in the field of human rights;
9. Calls upon States to nominate as members and alternates persons
meeting the criteria of independent experts, who should discharge in that
capacity their functions as members of the Sub-Commission, and to respect
fully the independence of elected members;
10. Requests the Secretary-General to continue to give strong support
to the Sub-Commission and, in particular, to ensure that Sub-Commission
documents are available in all languages in good time before the session;
11. Invites the Chairman of the Commission to inform the Sub-Commission
on the debate under this item;
E/CN.4/1993/L.11/Add.5
page 19
12. Decides to invite the Chairman of the Sub-Commission at its
forty-fourth session to come for consultations with the members of the Bureau
of the Commission at an appropriate time during the meeting of the Bureau of
the Commission at the conclusion of its forty-ninth session and the Chairman
of the Sub-Commission at its forty-fifth session to report to the Commission
at its fiftieth session on the progress made concerning the issues referred to
in the present resolution and on significant aspects of the work of the
Sub-Commission.
57th meeting
5 March 1993
[Adopted without a vote. See chap. XIX.]
1993/29. Human rights and disability
The Commission on Human Rights,
Recalling its resolution 1992/48 of 3 March 1992, Economic and Social
Council decision 1992/276 of 30 July 1992 and General Assembly
resolutions 47/3 of 14 October 1992 and 47/88 of 16 December 1992,
Mindful of the need for persons with disabilities to achieve full and
equal enjoyment of human rights and participation in all fields of society,
Recalling the plenary sessions of the General Assembly, held on
12 and 13 October 1992, to mark the conclusion of the United Nations Decade of
Disabled Persons,
Mindful of the need for a long-term strategy to implement the World
Programme of Action to the year 2000 and beyond, resulting from the meeting of
experts held at Vancouver, Canada, in April 1992,
Mindful also of the responsibility of Governments in removing or
facilitating the removal of barriers and obstacles to the full integration in
society of persons with disabilities,
Welcoming the initiative of the Government of Canada in convening the
International Conference of Ministers Responsible for the Status of Persons
with Disabilities, held at Montreal, Canada, on 8 and 9 October 1992,
1. Supports the efforts of Governments in developing national policies
to reach specific objectives, taking into account the recommendations of the
General Assembly contained in its resolution 47/88 of 16 December 1992
entitled "Towards the full integration of persons with disabilities in
society: a continuing world programme of action";
E/CN.4/1993/L.11/Add.5
page 20
2. Expresses its appreciation to the Centre for Social Development and
Humanitarian Affairs of the Secretariat for its efforts to coordinate and
supervise the implementation of the World Programme of Action concerning
Disabled Persons;
3. Appeals to Member States to highlight the observance of the
International Day of Disabled Persons on 3 December every year with a view to
the achievement of the full and equal enjoyment of human rights and
participation in society by persons with disabilities;
4. Welcomes the establishment of a Ministers’ Working Group and the
decision taken as the result of its initial meeting, held in Paris on
19 January 1993, to create an international mechanism for ministers to promote
cooperation and international exchange with respect to the status of persons
with disabilities;
5. Also welcomes the adoption by the Commission on Social Development
at its thirty-third session of the standard rules on the equalization of
opportunities for disabled persons;
6. Encourages States to implement the standard rules on the
equalization of opportunities for disabled persons as an essential element in
the full integration into society of persons with disabilities;
7. Reiterates the invitation to the human rights treaty bodies,
notably the Committee on Economic, Social and Cultural Rights and the Human
Rights Committee, to monitor the compliance of States with their commitments
under the relevant human rights instruments in order to ensure the full
enjoyment of those rights by disabled persons.
57th meeting
5 March 1993
[Adopted without a vote. See chap. XIX.]
1993/30. International Year of the World’s Indigenous People, 1993
The Commission on Human Rights,
Bearing in mind that one of the purposes of the United Nations, as set
forth in the Charter, is the achievement of international cooperation in
solving international problems of an economic, social, cultural or
humanitarian character, and in promoting and encouraging respect for human
rights and for fundamental freedoms for all without discrimination as to race,
sex, language or religion,
E/CN.4/1993/L.11/Add.5
page 21
Recognizing the value and the diversity of cultures and the forms of
social organization of the world’s indigenous people,
Reiterating General Assembly resolution 45/164 of 18 December 1990, in
which the Assembly proclaimed 1993 as International Year of the World’s
Indigenous People, with a view to strengthening international cooperation for
the resolution of problems faced by indigenous communities in the areas,
inter alia, of human rights, the environment, development, education and
health, recognizing and respecting their cultural heritage,
Conscious of the need to improve the economic, social and cultural
situation of the indigenous people with full respect of their particularities
and their own initiatives,
Welcoming General Assembly resolution 47/75 of 14 December 1992 in which
it proclaimed the International Year of the World’s Indigenous People,
Appreciative of the contributions made to date to the Voluntary Fund for
the International Year opened by the Secretary-General,
Noting the establishment of the Fund for the Development of the
Indigenous Peoples of Latin America and the Caribbean as one kind of support
sought for the objectives of the International Year,
Mindful of proposals by representatives of indigenous people in support
of achieving the objectives of the International Year,
1. Calls upon the United Nations system and Governments that have not
yet done so to develop policies in support of the objectives and the theme of
the International Year and to strengthen the institutional framework for their
implementation;
2. Recommends to all thematic rapporteurs, special representatives,
independent experts and working groups to pay particular attention, within the
framework of their mandates, to the situation of indigenous people;
3. Urges the Coordinator of the International Year to continue to
solicit actively the cooperation of specialized agencies, regional
commissions, financial and development institutions and other relevant
organizations of the United Nations system for the promotion of the programme
of activities contained in the annex to General Assembly resolution 46/128 of
17 December 1991;
E/CN.4/1993/L.11/Add.5
page 22
4. Appeals to the specialized agencies, regional commissions,
financial and development institutions and other relevant organizations of the
United Nations system to take into special account the needs of indigenous
people in their budgeting and in their programming;
5. Welcomes the recommendation in General Assembly resolution 47/75
of 14 December 1992 to reconvene from within existing resources, in the three
working days preceding the eleventh session of the Working Group on Indigenous
Populations, the technical meeting provided for in paragraph 8 of
General Assembly resolution 46/128 with a view to concluding its deliberations
and finalizing its report;
6. Stresses the relevance for the solution of problems faced by
indigenous communities of the recommendations contained in chapter 26 of
Agenda 21, including their implementation, in the report of the United Nations
Conference on Environment and Development (A/CONF.151/26, vol. III);
7. Also stresses that the governmental and intergovernmental
activities undertaken within the context of the International Year and beyond
should take fully into account the development needs of indigenous people,
their own particularities and initiatives and the need for making full use of
the contributions which indigenous communities can bring to sustainable
national development;
8. Notes that there is a continuing need to improve the availability
and the means of dissemination of socio-economic data relating to the
development needs of indigenous people and that the International Year should
contribute to enhancing and to facilitating the coordination capabilities of
Member States for collecting and analysing information in that area;
9. Appeals to Governments, intergovernmental and non-governmental
organizations, as well as organizations of indigenous people, to contribute to
the Voluntary Fund for the International Year opened by the Secretary-General;
10. Encourages the Preparatory Committee for the World Conference on
Human Rights at its fourth session to consider how issues pertinent to the
International Year could be addressed within the framework of the Conference,
including the substantive participation of indigenous people and the
Chairperson-Rapporteur of the Working Group on Indigenous Populations;
11. Authorizes the Chairperson-Rapporteur of the Working Group on
Indigenous Populations to represent the Working Group of the Sub-Commission at
the World Conference on Human Rights;
E/CN.4/1993/L.11/Add.5
page 23
12. Requests the Working Group on Indigenous Populations to make its
best efforts, at its eleventh session, and the Sub-Commission on Prevention of
Discrimination and Protection of Minorities, at its forty-fifth session, to
complete their consideration of the draft universal declaration of indigenous
rights and to submit their report to the Commission on Human Rights at its
fiftieth session;
13. Requests the Coordinator, in the report to the General Assembly at
its forty-ninth session on the activities developed and the results achieved
within the context of the International Year, to include an account of the
response of the United Nations system to the needs of indigenous people.
57th meeting
5 March 1993
[Adopted without a vote. See chap. XIX.]
1993/31. Report of the Working Group on Indigenous Populations of
the Sub-Commission on Prevention of Discrimination and
Protection of Minorities
The Commission on Human Rights,
Recalling Economic and Social Council resolution 1982/34 of 7 May 1982,
in which the Council authorized the Sub-Commission on Prevention of
Discrimination and Protection of Minorities to establish annually a working
group on indigenous populations with the mandate to review developments
pertaining to the promotion and protection of the human rights and fundamental
freedoms of indigenous people, giving special attention to the evolution of
standards concerning the rights of indigenous people,
Recalling also its resolution 1988/44 of 8 March 1988, in which it urged
the Working Group on Indigenous Populations to intensify its efforts in
carrying out its plan of action and to continue the elaboration of
international standards in this field,
Recalling further its resolutions 1990/62 of 7 March 1990, 1991/59 of
6 March 1991 and 1992/44 of 3 March 1992 in which it recommended to the
Economic and Social Council that the Working Group be authorized to meet for
10 working days for the purpose of intensifying its efforts to complete a
draft declaration on indigenous rights, and the plan contained in the
recommendations of the Working Group (E/CN.4/Sub.2/1991/40, annex I) and in
E/CN.4/1993/L.11/Add.5
page 24
the report of the Working Group (see E/CN.4/Sub.2/1992/33, chap. VI), for the
completion of the first and second readings of the text of the draft
declaration,
Having examined the report of the Working Group on its tenth session
(E/CN.4/Sub.2/1992/33 and Add.1),
Conscious that, in various situations, indigenous people are unable to
enjoy their inalienable human rights and fundamental freedoms,
Determined to do everything possible to promote the enjoyment of the
human rights and fundamental freedoms of indigenous people,
Bearing in mind that international standards must be developed on the
basis of the diverse realities of indigenous people in all parts of the world,
Bearing in mind also the need to conclude, as soon as possible, a draft
universal declaration on indigenous rights, reflective of the value and
diversity of cultures and the forms of social organization of indigenous
people,
Reaffirming the decision of the Working Group, at its first session, that
its working languages are English and Spanish,
1. Takes note of Sub-Commission on Prevention of Discrimination and
Protection of Minorities resolution 1992/33 of 27 August 1992 on the draft
universal declaration of indigenous rights;
2. Expresses its appreciation and satisfaction to the Working Group on
Indigenous Populations of the Sub-Commission for its valuable work, in
particular the progress made at its tenth session in the area of
standard-setting;
3. Also expresses its appreciation for the active and constructive
participation in the work of the Working Group of observers for Governments,
the specialized agencies, non-governmental organizations and, in particular,
indigenous people’s organizations;
4. Welcomes the recommendation of the Sub-Commission, in its
resolution 1992/33, that the Chairman-Rapporteur of the Working Group,
Mrs. Erica-Irene A. Daes, be entrusted with the task of further elaborating
the paragraphs of the draft universal declaration which were agreed upon at
second reading, taking into consideration, inter alia, the comments on the
draft declaration which will be provided by Governments, indigenous people’s
organizations and other interested parties pursuant to the resolution of the
Sub-Commission;
E/CN.4/1993/L.11/Add.5
page 25
5. Requests the Secretary-General to give the Chairman-Rapporteur of
the Working Group the resources and assistance necessary to carry out her
task;
6. Recommends to the Economic and Social Council that:
(a) The Working Group be authorized to meet for 10 working days prior
to the forty-fifth session of the Sub-Commission, to make its best efforts for
the purpose of completing a draft declaration on indigenous rights in
consultation with interested Governments and indigenous people’s
organizations;
(b) Upon final adoption of the draft universal declaration on
indigenous rights, a report be issued as a United Nations sales publication to
ensure its widest distribution;
7. Urges the Working Group to intensify its efforts to continue and to
complete as soon as possible the elaboration of international standards based
on a continued and comprehensive review of developments pertaining to the
promotion and protection of the human rights of indigenous people and of the
situation and aspirations of indigenous people throughout the world;
8. Requests the Secretary-General to give all the necessary assistance
to the Working Group in discharging its task, including adequate dissemination
of information about the activities of the Working Group to Governments,
specialized agencies and non-governmental and indigenous people’s
organizations, in order to encourage the widest possible participation in its
work;
9. Welcomes and strongly endorses the request of the Sub-Commission to
the Secretary-General to transmit the revised and reorganized text of the
draft declaration to Governments, indigenous peoples and intergovernmental and
non-governmental organizations well in advance of the eleventh session of the
Working Group;
10. Requests the Working Group on Indigenous Populations to make its
best efforts, at its eleventh session, and the Sub-Commission on Prevention of
Discrimination and Protection of Minorities, at its forty-fifth session to
complete their consideration of the draft universal declaration of indigenous
rights and to submit their report to the Commission on Human Rights at its
fiftieth session;
E/CN.4/1993/L.11/Add.5
page 26
11. Requests the Secretary-General:
(a) To transmit the report of the Working Group to Governments and
indigenous people’s, intergovernmental and non-governmental organizations, as
soon as possible, for specific comments and suggestions aimed at the
clarification, simplification and generalization of the texts contained in the
annexes to its report;
(b) To ensure that all meetings of the Working Group at its eleventh
and future sessions are provided with interpretation and documentation in both
English and Spanish;
12. Expresses its gratitude and appreciation to the Governments and
organizations that have made contributions to the United Nations Voluntary
Fund for Indigenous Populations;
13. Appeals to all Governments, organizations and individuals in a
position to do so to consider favourably requests for further contributions to
the Fund;
14. Encourages all the initiatives that can be taken by Governments,
indigenous communities and non-governmental organizations to ensure the full
participation of indigenous people in the activities related to the tasks of
the Working Group on Indigenous Populations.
57th meeting
5 March 1993
[Adopted without a vote. See chap. XIX.]
1993/32. The administration of justice and human rights
The Commission on Human Rights,
Recalling its resolution 1992/31 of 28 February 1992, in which it
stressed the desirability of providing States, at their request, with
continued assistance in the field of administration of justice,
Recalling also its resolution 1992/52 of 3 March 1992 on regional
arrangements for the promotion and protection of human rights,
Welcoming resolution AFRM/14 on the administration of justice and human
rights adopted on 6 November 1992 by the Regional Meeting for Africa of the
World Conference on Human Rights,
Emphasizing the principle of the indivisibility and interdependence of
all human rights and fundamental freedoms,
E/CN.4/1993/L.11/Add.5
page 27
Bearing in mind that the validity and universality of human rights must
be promoted and protected by all,
Reaffirming the primary responsibility of all Governments to ensure
respect and protection for human rights and fundamental freedoms,
Aware that the historical, cultural and traditional contexts should allow
each society to develop its own national and regional mechanisms to ensure the
promotion and protection of human rights,
Recognizing that the rule of law and proper administration of justice are
prerequisites for sustainable economic and social development,
Recognizing also the central role of the administration of justice in the
promotion and protection of human rights,
Aware of the importance of national and regional intergovernmental human
rights bodies and institutions in the promotion and protection of human
rights,
1. Emphasizes that civil and political rights cannot be separated from
economic, social and cultural rights or from rights embodied in other
international instruments on human rights;
2. Reaffirms the standards set forth in the International Bill of
Human Rights, the African Charter on Human and People’s Rights and other
international and regional human rights instruments;
3. Acknowledges that it is the primary responsibility of all
Governments to promote and protect human rights;
4. Commends the considerable efforts of African and other developing
countries to improve the administration of justice and to promote and protect
human rights notwithstanding the limited financial and material resources at
their disposal;
5. Urges Governments to pay more attention to the needs of the
institutions concerned with the administration of justice by allocating more
resources to them;
6. Also urges Governments to strengthen the existing national and
regional human rights institutions, particularly in developing countries, to
enable them to contribute more actively to the promotion and protection of
human rights;
E/CN.4/1993/L.11/Add.5
page 28
7. Appeals to Governments to include in their national development
plans the administration of justice as an integral part of the development
process and to allocate adequate resources for the provision of legal aid
services with a view to the promotion and protection of human rights;
8. Appeals to the international community to provide assistance, at
the request of the Governments concerned, for the provision of legal aid
services with a view to ensuring the promotion, protection and full enjoyment
of human rights in Africa and other developing countries;
9. Invites the international community to respond favourably to
requests for financial and technical assistance made by institutions concerned
with the promotion and protection of human rights in African and other
developing countries with a view to enhancing and strengthening their national
capacities to promote and protect human rights consistent with the standards
set forth in international and other human rights instruments;
10. Commends those developed countries that have over the years given
financial assistance to the United Nations programme of advisory services and
technical cooperation in the field of human rights, and appeals to them to
consider increasing their assistance;
11. Urges the Secretary-General to consider favourably applications for
assistance made by African Member States and other developing countries
regarding the creation and strengthening of national institutions concerned
with the administration of justice within the framework of the United Nations
programme of advisory services and technical cooperation in the field of human
rights.
57th meeting
5 March 1993
[Adopted without a vote. See chap.X.]
1993/33. Human rights and forensic science
The Commission on Human Rights,
Recalling its resolution 1992/24 of 28 February 1992,
Welcoming the report of the Secretary-General on human rights and
forensic science (E/CN.4/1993/20), submitted pursuant to Commission on Human
Rights resolution 1992/24,
Also welcoming the consultations conducted by the Working Group on
Enforced or Involuntary Disappearances with certain organizations and
E/CN.4/1993/L.11/Add.5
page 29
individuals in the field of forensic science and human rights and the
elaboration by the Working Group of a preliminary scheme for establishing a
standing team of forensic experts,
Noting that the need by Governments, intergovernmental organizations and
non-governmental organizations for forensic scientific expertise in
investigating deaths and clarifying disappearances has been emphasized in the
reports of the Working Group and the Special Rapporteur on extrajudicial,
summary or arbitrary executions, as well as those of various country
rapporteurs,
Also noting that forensic science can help to reunite children of
disappeared persons forcefully separated from their parents with their
surviving relatives,
Further noting that forensic medicine is an important tool in detecting
evidence of torture,
Noting that in many of the countries concerned, sufficient expertise in
forensic science and related fields to investigate human rights violations
effectively is not available,
Recognizing that training of local teams in responsible exhumation and
identification procedures is a prerequisite for the effective investigation of
human rights violations,
Aware that a number of Governments have requested the Secretary-General
to provide technical assistance in this regard,
Also aware that several special rapporteurs have welcomed efforts towards
the institution of a standing team of forensic experts to assist them in
carrying out their human rights mandates,
Recalling the Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions, adopted by the Economic and
Social Council in its resolution 1989/65 of 24 May 1989,
Considering the proposed model autopsy protocol prepared under
United Nations auspices contained in the Manual on the Effective Prevention
and Investigation of Extra-legal, Arbitrary and Summary Executions
(United Nations publication, Sales No. E.91.IV.1),
1. Invites States to take measures to introduce into their rules and
practices the international standards set forth in the Principles on the
Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
E/CN.4/1993/L.11/Add.5
page 30
Executions, as well as the model autopsy protocol set forth in the Manual on
the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions;
2. Requests the Secretary-General to consult with Governments,
relevant United Nations bodies, professional organizations of forensic
experts, the organizations mentioned in his report and other interested
institutions with a view to identifying individual experts who might be asked
to join forensic teams or to provide advice or assistance to thematic or
country mechanisms, advisory services and technical assistance programmes;
3. Also requests the Secretary-General to establish, on the basis of
these consultations and on the basis of continuing efforts on the part of the
Working Group on Enforced or Involuntary Disappearances to render active
assistance, a list of forensic experts and experts in related fields who could
be requested to help international mechanisms in the field of human rights,
Governments and the Centre for Human Rights in providing technical and
advisory services, advice in regard to the monitoring of human rights
violations and training of local teams and/or assistance in the reunification
of families of the disappeared;
4. Further requests the Secretary-General to make this list available
to the special rapporteurs and experts of the United Nations human rights
mechanisms so that they may request these experts to assist them in evaluating
documents and other evidence and to accompany them on country visits;
5. Requests the Secretary-General to provide appropriate resources,
within existing overall United Nations resources, to fund the activities of
the Centre for Human Rights in implementing the present resolution;
6. Also requests the Secretary-General to report to the Commission at
its fiftieth session on progress made in this matter and to make such
recommendations as he may consider appropriate;
7. Decides to consider the question at its fiftieth session under the
agenda item "Question of the human rights of all persons subjected to any form
of detention or imprisonment".
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
E/CN.4/1993/L.11/Add.5
page 31
1993/34. Question of a draft optional protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
The Commission on Human Rights,
Recalling its decision 1991/107 of 5 March 1991, in which it decided to
consider at its forty-eighth session the text, proposed by the Government of
Costa Rica, of a draft optional protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (see
E/CN.4/1991/66), intended to establish a preventive system of regular visits
to places of detention,
Recalling also its resolution 1992/43 of 3 March 1992, in which it
established an open-ended working group to elaborate a draft optional protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, using as a basis for its discussions the draft text
proposed by the Government of Costa Rica, and decided to consider the question
at its forty-ninth session,
Recalling further Economic and Social Council resolution 1992/6 of
20 July 1992, by which the Council authorized an open-ended working group to
meet for a period of two weeks prior to the forty-ninth session of the
Commission,
Taking note with satisfaction of the observations presented by
Governments, United Nations bodies, the Chairman of the Committee against
Torture, the Special Rapporteur on the question of torture, the Chairman of
the European Committee for the Prevention of Torture and non-governmental
organizations, and of the participation of several of them in the working
group on the draft optional protocol,
Considering that the working group, after having received the valuable
contributions of experts from various international or regional bodies engaged
in combating torture, has achieved useful progress in the context of the
initial consideration of the draft optional protocol,
Considering also that most delegations have recognized the importance of
periodic visits to places of detention in order to reinforce the protection of
persons deprived of freedom against torture and other cruel, inhuman or
degrading treatment or punishment, and that such recognition constitutes the
fundamental motivation for the continuation of the efforts of the working
group to devise an effective mechanism, acceptable to the greatest possible
number of States,
E/CN.4/1993/L.11/Add.5
page 32
Recalling General Assembly resolution 47/113 of 16 December 1992, in
which the Assembly noted with appreciation that the open-ended working group
of the Commission on Human Rights had embarked on the elaboration of a draft
optional protocol to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment,
1. Takes note of the report of the working group on the draft optional
protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (E/CN.4/1993/28) and welcomes the
substantial progress it has made at its first session, which enabled an
exhaustive analysis to be made of the essential basic principles of the draft;
2. Requests the open-ended working group to meet between sessions for
a period of two weeks prior to the fiftieth session of the Commission in order
to continue its work and submit a report to the Commission;
3. Requests the Secretary-General to transmit the report of the
working group to Governments, the specialized agencies, the chairmen of the
human rights treaty bodies, the Special Rapporteur on the question of torture
and intergovernmental and non-governmental organizations, and to invite them
to submit their observations to the working group;
4. Also requests the Secretary-General to invite Governments, the
specialized agencies, non-governmental organizations, the Chairman of the
Committee against Torture and the Special Rapporteur on the question of
torture to participate in the activities of the working group;
5. Further requests the Secretary-General to extend all necessary
facilities to the working group for its meetings prior to the fiftieth session
of the Commission;
6. Decides to consider the report of the working group at its
fiftieth session under the subitem entitled "Question of a draft optional
protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment" in the context of the agenda item entitled
"Question of the human rights of all persons subjected to any form of
detention or imprisonment";
7. Recommends the following draft resolution to the Economic and
Social Council for adoption:
The Economic and Social Council,
Recalling Commission on Human Rights resolution 1993/34 of 5 March 1993,
E/CN.4/1993/L.11/Add.5
page 33
1. Authorizes the meeting of an open-ended working group of the
Commission on Human Rights with a view to continuing the elaboration of the
draft optional protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, to be held between sessions for
a period of two weeks prior to the fiftieth session of the Commission on Human
Rights;
2. Requests the Secretary-General to extend to the working group all
necessary facilities for its meetings and to transmit the report of the
working group (E/CN.4/1992/28) to Governments, the specialized agencies, the
chairmen of the human rights treaty bodies, and the intergovernmental and
non-governmental organizations concerned.
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
1993/35. Question of enforced or involuntary disappearances
The Commission on Human Rights,
Bearing in mind General Assembly resolution 33/173 of 20 December 1978,
in which the Assembly requested the Commission on Human Rights to consider the
question of disappeared persons with a view to making appropriate
recommendations, and all other United Nations resolutions concerning missing
or disappeared persons,
Recalling its resolution 20 (XXXVI) of 29 February 1980, in which it
decided to establish a working group consisting of five of its members, to
serve as experts in their individual capacity, to examine questions relevant
to enforced or involuntary disappearances, and its resolutions 1990/30 of
2 March 1990, 1991/41 of 5 March 1991, and 1992/30 of 28 February 1992,
Recalling also General Assembly resolution 47/133 of 18 December 1992, by
which the General Assembly adopted the Declaration on the Protection of All
Persons from Enforced Disappearance,
Convinced of the need to continue implementing the provisions of
General Assembly resolution 33/173 and of the other United Nations resolutions
on the question of disappeared persons, with a view to finding solutions for
cases of disappearances and helping to eliminate enforced disappearances, duly
taking into account the provisions of the Declaration,
Also noting General Assembly resolution 47/132 of 18 December 1992,
entitled "Question of Enforced or Involuntary Disappearances",
E/CN.4/1993/L.11/Add.5
page 34
Deeply concerned at the persistence of the practice of enforced
disappearances in various parts of the world,
Also concerned at the growing number of reports concerning harassment,
ill-treatment and intimidation of witnesses of disappearances or relatives of
disappeared persons,
Recalling in this connection its resolution 1992/59 of 3 March 1992 on
cooperation with representatives of United Nations human rights bodies,
Emphasizing the relevance of its resolution 1992/24 of 28 February 1992
on forensic science to the activities of the Working Group on Enforced or
Involuntary Disappearances,
Having considered the report of the Working Group (E/CN.4/1993/25 and
Add.1),
1. Expresses its appreciation to the Working Group for the way in
which it is performing its tasks, and thanks it for submitting to the
Commission a report in accordance with resolution 1992/30;
2. Takes note of the report of the Working Group and thanks the Group
for continuing to improve its methods of work and for recalling the
humanitarian spirit underlying its mandate;
3. Requests the Working Group, in its efforts to help to eliminate the
practice of enforced disappearances, to submit to the Commission all
information it deems necessary and any specific recommendations it may have
regarding the fulfilment of its task;
4. Reminds the Working Group of the need to observe, in its
humanitarian task, United Nations standards and practices regarding the
treatment of communications and the consideration of Government replies;
5. Invites all Governments to take appropriate legislative or other
steps to prevent and punish the practice of enforced disappearances with
special reference to the Declaration on the Protection of All Persons from
Enforced Disappearance, and to take action to that end nationally, regionally
and in cooperation with the United Nations;
6. Notes with concern, as the Working Group stresses in its report,
that some Governments have never provided substantive replies concerning
disappearances alleged to have occurred in their countries;
E/CN.4/1993/L.11/Add.5
page 35
7. Deplores the fact that, as the Working Group points out in its
report, some Governments have not acted on the recommendations concerning them
made in the reports of the Working Group, and requests the Working Group to
continue to submit to the Commission information on the follow-up to its
recommendations;
8. Urges the Governments concerned, particularly those which have not
yet responded to communications transmitted to them by the Working Group, to
cooperate with and assist the Working Group so that it may carry out its
mandate effectively, and in particular to reply expeditiously to its requests
for information;
9. Also urges the Governments concerned to intensify their cooperation
with the Working Group on any action taken pursuant to recommendations
addressed to them by the Working Group;
10. Once again urges the Governments concerned to take steps to protect
the families of disappeared persons against any intimidation or ill-treatment
to which they might be subjected;
11. Encourages the Governments concerned to give serious consideration
to inviting the Working Group to visit their countries so as to enable the
Working Group to fulfil its mandate even more effectively;
12. Urges Governments to take steps to ensure that, when a state of
emergency is introduced, the protection of human rights is guaranteed,
particularly as regards the prevention of enforced disappearances;
13. Reminds Governments of the need to ensure that their competent
authorities conduct prompt and impartial inquiries whenever there is reason to
believe that an enforced disappearance has occurred in territory under their
jurisdiction;
14. Expresses its profound thanks to the many Governments that have
cooperated with the Working Group and replied to its requests for information,
and to the Governments that have invited the Working Group to visit their
countries, asks them to give all necessary attention to the Group’s
recommendations, and invites them to inform the Working Group of any action
they take on those recommendations;
15. Requests the Working Group, pursuant to its mandate, to take into
account the provisions of the Declaration on the Protection of All Persons
from Enforced Disappearance, and to modify its working methods if necessary;
E/CN.4/1993/L.11/Add.5
page 36
16. Invites the Working Group to cite in its future reports any
obstacles to the proper application of the Declaration, and to recommend means
of overcoming them;
17. Also invites the Working Group to continue to consider the question
of impunity, drawing in particular on the comments of States and
non-governmental organizations, in close collaboration with the rapporteurs
appointed by the Sub-Commission on Prevention of Discrimination and Protection
of Minorities, with due regard for the relevant provisions of the Declaration;
18. Requests the Working Group to pay attention to cases of children
subjected to enforced disappearance and children of disappeared persons and to
cooperate closely with the Governments concerned to search for and identify
these children;
19. Also requests the Working Group to report on its work to the
Commission at its fiftieth session, and to continue to discharge its mandate
discreetly and conscientiously;
20. Requests the Secretary-General to ensure that the Working Group
receives all necessary assistance, in particular the staff and resources it
requires to perform its functions, especially in carrying out missions,
following them up and holding sessions in countries that would be prepared to
receive it;
21. Also requests the Secretary-General to keep the Working Group and
the Commission on Human Rights regularly informed of the steps he takes to
secure the widespread dissemination and promotion of the Declaration on the
Protection of All Persons from Enforced Disappearance.
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
1993/36. Question of arbitrary detention
The Commission on Human Rights,
Recalling its resolution 1985/16 of 11 March 1985, in which it requested
the Sub-Commission on Prevention of Discrimination and Protection of
Minorities to analyse available information concerning the practice of
administrative detention without charge or trial, and to make appropriate
recommendations on the use of this practice,
E/CN.4/1993/L.11/Add.5
page 37
Recalling also its resolution 1989/38 of 6 March 1989, its
decision 1990/107 of 7 March 1990 and its resolution 1992/28 of
28 February 1992,
Reaffirming articles 3, 9, 10 and 29 as well as other relevant provisions
of the Universal Declaration of Human Rights,
Recalling articles 9, 10, 11 and 14 to 22 of the International Covenant
on Civil and Political Rights,
Having taken note with appreciation, at its forty-seventh session, of the
revised report by Mr. Louis Joinet on the practice of administrative detention
(E/CN.4/Sub.2/1990/29 and Add.1) and of the recommendations formulated
therein,
Recalling that the General Assembly, in its resolution 43/173 of
9 December 1988, adopted the Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment, which also covers
administrative detention, and that, consequently, there is no longer a purpose
in treating the question of adminstrative detention independently, even if, in
certain cases, the procedure of administrative detention gives rise to
specific abuses,
Recalling also its resolution 1991/42 of 5 March 1991, in which it
decided to create, for a three-year period, a working group composed of five
independent experts, with the task of investigating cases of detention imposed
arbitrarily or otherwise consistently with the relavant international
standards set forth in the Universal Declaration of Human Rights or in the
relevant international legal instruments accepted by the States concerned,
Recalling further that, in its resolution 1992/28 of 28 February 1992, it
expressed its satisfaction to the Working Group on Arbitrary Detention at the
diligence with which it devised its methods of work,
Having considered the report of the Working Group (E/CN.4/1993/24),
Having heard the comments made during the forty-ninth session of the
Commission,
1. Expresses its appreciation to the Working Group on Arbitrary
Detention for the way in which it carries out its task, more particularly for
the importance that it attaches to respect for the adversarial procedure in
its dialogue with States, and to seeking the cooperation of all those
concerned by the cases submitted to it for consideration;
E/CN.4/1993/L.11/Add.5
page 38
2. Takes note with satisfaction of the Working Group’s report and
thanks the experts for the rigour with which they have performed their task,
in the light of the very specific nature of their mandate of investigating
cases;
3. Requests the Working Group, to continue, in discharging its
mandate, to seek and gather information from Governments and intergovernmental
and non-governmental organizations, as well as from the individuals concerned,
their families or legal representatives;
4. Considers that the Working Group, within the framework of its
mandate, and aiming still at objectivity, could take up cases on its own
initiative;
5. Invites the Working Group to continue to take account, in
fulfilling its mandate, of the need to carry out its task with discretion,
objectivity and independence and to continue to improve its methods of work;
6. Takes note of the deliberations adopted by the Working Group on
issues of a general nature, with a view to achieving better prevention and to
facilitating the consideration of future cases as well as helping to further
strengthen the impartiality of its work;
7. Welcomes the importance that the Working Group attaches to
coordination with other mechanisms of the Commission as well as with
treaty-monitoring bodies, and invites it to take a position in its next report
on the issue of the admissibility of cases submitted to the Working Group when
they are under consideration by other bodies;
8. Expresses its profound thanks to Governments which have extended
their cooperation to the Working Group and responded to its requests for
information, and asks all Governments concerned to demonstrate the same spirit
of cooperation;
9. Requests Governments concerned to give the necessary attention to
the "urgent appeals" addressed to them by the Working Group on a strictly
humanitarian basis and without prejudging its final decision on the character
of the detention;
10. Calls upon Governments concerned to pay due heed to the Working
Group’s decisions and, where necessary, to take appropriate steps and inform
the Working Group, within a reasonable period of time, of the follow-up to the
Group’s recommendations so that it can report thereon to the Commission;
E/CN.4/1993/L.11/Add.5
page 39
11. Encourages Governments to consider inviting the Working Group to
their countries so as to enable the Group to discharge its protection mandate
even more effectively and also to make concrete recommendations concerning the
promotion of human rights, in the spirit of the advisory or technical
assistance services, that may be of help to the countries concerned;
12. Welcomes the fact that the Working Group has been informed of the
release of many individuals whose situation had been brought to its attention;
13. Notes with concern that, according to the Working Group, the
practice of arbitrary detention is facilitated and aggravated by several
factors such as abuse of states of emergency, too vague a definition of
offences against State security, and the existence of special jurisdictions;
14. Expresses its concern at the fact that most cases of arbitrary
deprivation of liberty are motivated by exercise of the right to freedom of
opinion and expression;
15. Greatly encourages States to endeavour to take appropriate measures
and ensure that the legislation in these three fields is in conformity with
the relevant international instruments;
16. Also encourages States, in accordance with its resolution 1992/35
of 28 February 1992, entitled Habeas corpus, and with the recommendations of
the Working Group, to establish a procedure such as habeas corpus and maintain
it under in all circumstances, including during states of emergency;
17. Requests the Secretary-General to ensure that the Working Group
receives all the necessary assistance, particularly in regard to staffing and
appropriate resources to discharge its mandate, including the organization,
carrying out and follow-up of missions in countries wishing to invite the
Working Group;
18. Requests the Working Group to submit a report to the Commission, at
its fiftieth session, and to make all suggestions and recommendations for
better fulfilment of its task, particularly in regard to ways and means of
ensuring the follow-up to its decisions, in cooperation with Governments;
19. Decides to continue its consideration of the question at its
fiftieth session under the agenda item entitled "Question of the human rights
of all persons subjected to any form of detention or imprisonment".
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
E/CN.4/1993/L.11/Add.5
page 40
1993/37. Status of the Convention against Torture
and Other Cruel, Inhuman or Degrading
Treatment or Punishment
The Commission on Human Rights,
Recalling article 5 of the Universal Declaration of Human Rights and
article 7 of the International Covenant on Civil and Political Rights, both of
which provide that no one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment,
Recalling also the Declaration on the Protection of all Persons from
Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, adopted by the General Assembly in its resolution 3452 (XXX)
of 9 December 1975,
Recalling further General Assembly resolution 39/46 of 10 December 1984,
in which the Assembly adopted and opened for signature, ratification and
accession the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and called upon all Governments to consider signing
and ratifying the Convention as a matter of priority,
Bearing in mind its resolution 1992/25 of 28 February 1992,
Taking note of General Assembly resolutions 47/111 and 47/113, both
of 16 December 1992,
Recalling the decision of 9 September 1992 of the States parties to the
Convention to delete paragraph 7 of article 17 and paragraph 5 of article 18
of the Convention and to add a new paragraph as paragraph 4 of article 18,
stating that the members of the Committee established under the Convention
shall henceforth receive emoluments from United Nations resources on such
terms as the General Assembly will decide,
Welcoming the endorsement of these amendments by the General Assembly in
its resolution 47/111 of 16 December 1992,
Mindful of the relevance, for the eradication of torture and other cruel,
inhuman or degrading treatment or punishment, of the Code of Conduct for Law
Enforcement Officials (General Assembly resolution 34/169, annex) and of the
Principles of Medical Ethics relevant to the Role of Health Personnel,
particularly Physicians, in the Protection of Prisoners and Detainees against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(General Assembly resolution 37/194, annex), as well as of the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment (General Assembly resolution 43/173, annex),
E/CN.4/1993/L.11/Add.5
page 41
Seriously concerned about the alarming number of cases of torture and
other cruel, inhuman or degrading treatment or punishment which continue to be
reported from various parts of the world,
Determined to promote full implementation of the prohibition, under
international and national law, of the practice of torture and other cruel,
inhuman or degrading treatment or punishment,
Considering the important functions of the Committee against Torture
under the Convention,
Recalling that in its resolution 1985/33 of 13 March 1985, the Commission
decided to appoint a special rapporteur to examine questions relevant to
torture and also recalling its subsequent decisions to continue his mandate,
Taking note of the outcome of the first session of the open-ended working
group of the Commission on Human Rights on the elaboration of a draft optional
protocol to the Convention,
1. Welcomes the report of the Committee against Torture on its seventh
and eighth sessions (A/47/44);
2. Takes note of the report of the Secretary-General (E/CN.4/1993/21)
on the status of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
3. Encourages the States parties to notify the Secretary-General of
their acceptance of the amendments to articles 17 and 18 of the Convention as
soon as possible;
4. Stresses the importance of strict adherence by States parties to
the obligations under the Convention regarding the financing of the Committee
against Torture, thus enabling it to carry out in an effective and efficient
manner all the functions entrusted to it under the Convention, and urges
States parties that have not yet paid their assessed contributions to fulfil
their obligations forthwith;
5. Welcomes the attention that the Committee against Torture has given
to the development of an effective system of reporting on the implementation
of the Convention by States parties and especially its revision of the general
guidelines for the submission of reports by States parties as well as its
practice of formulating concluding observations after the consideration of
such reports;
E/CN.4/1993/L.11/Add.5
page 42
6. Requests the Secretary-General to ensure the provision of
appropriate staff and facilities for the effective performance of the
functions of the Committee against Torture;
7. Urges all States to become parties to the Convention as a matter of
priority;
8. Invites all States ratifying or acceding to the Convention and
those States parties that have not yet done so to make the declaration
provided for in articles 21 and 22 of the Convention and to consider the
possibility of withdrawing their reservations to article 20;
9. Requests the Secretary-General to continue to submit to the
Commission on Human Rights annual reports on the status of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
10. Decides to consider the report of the Secretary-General at its
fiftieth session under the agenda sub-item "Status of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment".
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
1993/38. United Nations Voluntary Fund for Victims of Torture
The Commission on Human Rights,
Recalling article 5 of the Universal Declaration of Human Rights and
article 7 of the International Covenant on Civil and Political Rights, which
state that no one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment,
Recalling also General Assembly resolution 36/151 of 16 December 1981, in
which the Assembly noted with deep concern that acts of torture took place in
various countries, recognized the need to provide assistance to the victims in
a purely humanitarian spirit and established the United Nations Voluntary Fund
for Victims of Torture, and Assembly resolution 47/109 of 16 December 1992,
Reaffirming the importance of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,
Bearing in mind its resolution 1992/27 of 28 February 1992,
Convinced that the struggle to eliminate torture includes the provision
of assistance in a humanitarian spirit to the victims of torture and their
families,
E/CN.4/1993/L.11/Add.5
page 43
Taking note of the information provided by the Secretary-General on the
activities of the United Nations Voluntary Fund for Victims of Torture
(A/47/662),
Taking note also of the actions taken by the Secretary-General, through
the staff of the Centre for Human Rights, to assist the Board of Trustees of
the Fund in its efforts to increase public awareness of the Fund and its
humanitarian work,
Taking note with appreciation of the consolidated report submitted by the
Secretary-General entitled "Ten Years of the United Nations Voluntary Fund for
Victims of Torture" (E/CN.4/1993/23),
Recalling the statement by the Board of Trustees of the Fund on the need
to receive contributions from Governments on a regular basis, which,
inter alia, would prevent the interruption of programmes in the continuation
of which the Fund plays an instrumental role,
Taking account of the fund-raising campaign launched on the
recommendation of the Board of Trustees at its eleventh session, held from
22 April to 1 May 1992, to enhance the capacity of the Fund to respond more
favourably to the increasing number of requests for assistance to victims of
torture,
Taking account also of the repeated requests by the Board of Trustees of
the Fund to receive for the operations of the Fund adequate staff, as well as
computer equipment to process efficiently the increasing number of projects in
the programme portfolio of the Fund,
Noting with satisfaction that international centres for the
rehabilitation of torture victims have been established which play an
important role in providing assistance to victims of torture, and noting the
collaboration of the Fund with these centres,
1. Expresses its appreciation to the Board of Trustees of the
United Nations Voluntary Fund for Victims of Torture for the work it has
carried out;
2. Expresses its gratitude and appreciation to those Governments,
organizations and individuals that have already contributed to the Fund;
3. Appeals to all Governments, organizations and individuals in a
position to do so to respond favourably to requests for contributions to the
Fund, on a regular basis if possible and to the fund-raising campaign launched
in 1992;
E/CN.4/1993/L.11/Add.5
page 44
4. Calls upon the Secretary-General to consider the possibility of
arranging a special pledging session for the Fund in the context of the World
Conference on Human Rights, to be held in Vienna from 14 to 25 June 1993;
5. Renews its request to the Secretary-General to transmit to all
Governments the appeals of the Commission on Human Rights for contributions to
the Fund;
6. Requests the Secretary-General to ensure, within the overall
budgetary framework of the United Nations, the provision of adequate staff and
computer equipment for the operations of the Fund;
7. Also requests the Secretary-General to continue to keep the
Commission informed of the operations of the Fund on an annual basis.
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
1993/39. Staff members of the United Nations and of the
specialized agencies in detention
The Commission on Human Rights,
Recalling General Assembly resolutions 42/219 of 21 December 1987,
43/225 of 21 December 1988, 44/186 of 19 December 1989, and 45/240
of 21 December 1990, in which the Assembly deplored the increase in the number
of cases where the functioning, safety and well-being of officials had been
adversely affected, including cases of detention in Member States and
abduction by armed groups and individuals, and the increasing number of cases
in which the lives and well-being of officials had been placed in jeopardy
during the exercise of their official functions,
Recalling its resolution 1992/26 of 28 February 1992, in which it
requested the Secretary-General to continue his efforts to ensure that the
human rights and privileges and immunities of United Nations staff members and
experts and their families were fully respected, and to submit to the
Commission at its forty-ninth session an updated version of the report on the
situation of United Nations staff members, experts and their families
detained, imprisoned, missing or held in a country against their will,
Welcoming resolution 1992/24 of 27 August 1992 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, in which the
Sub-Commission, inter alia, expressed its appreciation to its
E/CN.4/1993/L.11/Add.5
page 45
Special Rapporteur, Mrs. Mary Concepción Bautista, for the work she had
carried out aimed at improving on a long-term basis the protection of
personnel of the United Nations system and their families, as well as of
experts and consultants, and expressed satisfaction at the recommendations
contained in the final report of the Special Rapporteur
(E/CN.4/Sub.2/1992/19),
Considering that at a time when the United Nations is undertaking greater
responsibilities in various parts of the world, particularly in peace-keeping
missions and humanitarian operations in difficult conditions, it is imperative
that its staff members be able to perform their duties with the assurance that
their human rights, privileges and immunities will be fully respected, in
accordance with the relevant provisions of the Charter of the United Nations
and other international instruments,
Gravely concerned that a significant number of United Nations staff
members, experts and their families continue to be detained, imprisoned,
missing or held in a country against their will,
Gravely concerned also that a significant number of United Nations staff
members, recruited nationally or internationally, have been killed since
January 1992,
Noting the need for updated and complete information on the situation of
the United Nations staff members, experts and their families detained,
imprisoned, missing or held in a country against their will,
Convinced that a better coordinated and more detailed reporting system,
with a better dialogue between the United Nations and the host country, may
contribute to a faster solution of cases,
Preoccupied by the inordinate delays which different organizations of the
United Nations system face when trying to exercise fully the right of
functional protection of their staff members,
Greatly appreciating the efforts of the Secretary-General to promote a
satisfactory resolution of all cases of this kind, and noting that these
efforts have already produced concrete results concerning the security of
United Nations staff members, experts and their families,
Having examined the updated report of the Secretary-General on detention
of international civil servants and their families (E/CN.4/1993/22) and the
final report of the Special Rapporteur on the protection of the human rights
of United Nations staff members, experts and their families,
E/CN.4/1993/L.11/Add.5
page 46
1. Takes note with interest of the updated report of the
Secretary-General;
2. Expresses its appreciation to the Special Rapporteur of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities
for her final report on the protection of the human rights of United Nations
staff members, experts and their families;
3. Requests the Secretary-General to take steps aimed at ensuring the
application without delay of all the recommendations contained in the final
report of the Special Rapporteur (E/CN.4/Sub.2/1992/19, chap. III, B);
4. Appeals once again to Member States to respect and to ensure
respect for the rights of staff members and others acting under the authority
of the United Nations and their families;
5. Requests the Secretary-General to continue his efforts to ensure
that the human rights, security, privileges and immunities of United Nations
staff members, experts and their families are fully respected and to seek
redress and compensation of the damage caused to them, as well as their full
reintegration, when their human rights, privileges and immunities have been
violated;
6. Urges Member States, in accordance with the Body of Principles for
the Protection of All Persons under Any Form of Detention or Imprisonment
(General Assembly resolution 43/173, annex), to provide adequate and prompt
information concerning the arrest or detention of United Nations staff
members, experts and their families, and to grant the representative of the
competent international organization access to them without delay;
7. Also urges Member States to allow medical teams to investigate the
health of staff members, experts and their families who are being detained in
order to provide them with the necessary medical assistance;
8. Calls upon Member States to allow the representative of the
competent international organization to attend any hearing concerning
United Nations staff members, experts and their families;
9. Requests the existing human rights mechanisms, including the
Working Group on Enforced or Involuntary Disappearances, the Special
Rapporteur on the question of torture and the Special Rapporteur on
extrajudicial, summary or arbitrary executions, to examine as appropriate the
cases involving the human rights of staff members of the United Nations system
and their families, as well as experts, special rapporteurs and consultants,
E/CN.4/1993/L.11/Add.5
page 47
and to transmit the relevant part of their reports to the Secretary-General
for inclusion in his report to the Commission on Human Rights;
10. Requests the Secretary-General to submit to the Commission at its
fiftieth session an updated version of the report on the situation of
United Nations staff members, experts and their families detained, imprisoned,
missing or held in a country against their will, including those cases which
have been successfully settled since the submission of the last report, as
well as on the implementation of the measures referred to in paragraphs 6
and 7 of the present resolution.
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
1993/40. Torture and other cruel, inhuman or degrading
treatment or punishment
The Commission on Human Rights,
Having regard to article 5 of the Universal Declaration of Human Rights
and article 7 of the International Covenant on Civil and Political Rights,
both of which provide that no one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment,
Recalling the Declaration on the Protection of All Persons from Being
Subjected to Torture or Cruel, Inhuman or Degrading Treatment or Punishment,
adopted by the General Assembly in its resolution 3452 (XXX) of
9 December 1975,
Noting with appreciation that the number of States which have become
parties to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment is steadily increasing,
Welcoming the establishment at the regional level, in accordance with the
European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment, of the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment,
Seriously concerned, however, about the persistence of an alarming number
of reported cases of torture and other cruel, inhuman or degrading treatment
or punishment taking place in various parts of the world,
Recalling its resolution 1985/33 of 13 March 1985, in which it decided to
appoint for one year a special rapporteur to examine questions relevant to
E/CN.4/1993/L.11/Add.5
page 48
torture, and all its subsequent resolutions in which that mandate was
regularly extended, most recently for another three years in resolution
1992/32 of 28 February 1992, while maintaining the annual reporting cycle,
Welcoming a continuing exchange of views between the Special Rapporteur
and the Committee against Torture, established under the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Working Group on Arbitrary Detention, and the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment, as well as contacts
with the Board of Trustees of the United Nations Voluntary Fund for Victims of
Torture,
Aware that torture constitutes a criminal obliteration of the human
personality which can never be justified under any circumstances, by any
ideology or by any overriding interest, and convinced that a society that
tolerates torture can never claim to respect human rights,
Determined to promote the full implementation of the prohibition under
international and national law of the practice of torture and other cruel,
inhuman or degrading treatment or punishment,
Convinced that efforts to eradicate torture should first and foremost be
concentrated on prevention,
Noting, in this regard, the importance of the provision of advisory
services and technical assistance as forms of practical assistance to
interested States with a view to enabling them to develop the necessary
infrastructure to meet international human rights standards,
Recalling the Standard Minimum Rules for the Treatment of Prisoners,
approved by the Economic and Social Council in its resolution 663 C (XXIV) of
31 July 1957 and 2076 (LXII) of 13 May 1977, the Principles of Medical Ethics
relevant to the Role of Health Personnel, particularly Physicians, in the
Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, adopted by the General Assembly in its
resolution 37/194 of 18 December 1982, and the Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power, adopted by the
General Assembly in its resolution 40/34 of 29 November 1985,
Recalling also the Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment, approved by the General Assembly
in its resolution 43/173 of 9 December 1988,
E/CN.4/1993/L.11/Add.5
page 49
Recalling further the conclusions and recommendations of the Special
Rapporteur underlined in its resolutions 1987/29 of 10 March 1987, 1988/32 of
8 March 1988, 1989/33 of 6 March 1989, 1990/34 of 2 March 1990, 1991/38 of
5 March 1991 and 1992/32 of 28 February 1992,
1. Commends the Special Rapporteur on his report (E/CN.4/1993/26);
2. Stresses the repeated conclusions and recommendations of the
Special Rapporteur concerning the importance of instituting a system of
periodic visits by independent experts to places of detention as a highly
effective preventive measure against the occurrence of torture;
3. Also stresses the recommendation of the Special Rapporteur that the
judiciary should play an active role in guaranteeing to detainees the rights
they have in accordance with international and national standards;
4. Recalls that incommunicado detention is highly conducive to torture
practices and that in the Special Rapporteur’s view incommunicado detention
should be forbidden;
5. Stresses again the recommendation of the Special Rapporteur that
the right to have access to a lawyer is one of the basic rights of a person
who is deprived of his liberty and restrictions on this right should therefore
be exceptional and always subject to judicial control;
6. Also stresses the recommendation of the Special Rapporteur that
each person should have the right to initiate promptly after his arrest
proceedings before a court on the lawfulness of his detention, in conformity
with the International Covenant on Civil and Political Rights;
7. Recalls the recommendations of the Special Rapporteur that
Governments and professional and medical associations should take strict
measures against members of the medical profession who play a role in the
practice of torture;
8. Stresses the repeated recommendations of the Special Rapporteur
that interrogation of detainees should take place only at official
interrogation centres, that each interrogation should be duly recorded and
start with the identification of all the persons present and that the
blindfolding or holding of detainees during interrogation should be absolutely
forbidden;
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9. Also stresses the repeated recommendations of the Special
Rapporteur pertaining to the establishment at the national level of an
independent authority able to receive complaints by individuals about torture
or other severe maltreatment;
10. Endorses the recommendation of the Special Rapporteur that those
who violate article 7 of the Covenant on Civil and Political Rights, whether
by encouraging, ordering, tolerating or perpetrating prohibited acts, must be
held responsible and that whenever a complaint of torture is found to be
justified, the perpetrators should be severely punished, especially the
official in charge of the place of detention where the torture is found to
have taken place;
11. Calls upon all States that have not yet done so to become as soon
as possible a State party to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and requests the Special
Rapporteur to continue to promote universal accession to that Convention and
to encourage all States to fulfil its provisions strictly;
12. Emphasizes the importance of training programmes for law
enforcement and security personnel and draws the attention of interested
Governments to the possibilities offered in this connection by the
United Nations programme of advisory services in the field of human rights;
13. Encourages the Special Rapporteur to make appropriate
recommendations concerning situations in which advisory services to judicial,
law enforcement, detention and other authorities might assist interested
Governments in combating the occurrence of torture;
14. Urges the Secretary-General to make available, as part of the
United Nations programme of advisory services in the field of human rights,
qualified experts in law enforcement, detention and medicine to assist
Governments at their request, in their efforts to prevent the occurrence of
torture;
15. Decides that the Special Rapporteur, in carrying out his mandate,
shall continue to seek and receive credible and reliable information from
Governments, the specialized agencies and intergovernmental and
non-governmental organizations;
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16. Considers it desirable that the Special Rapporteur continues to
have a further exchange of views with the various mechanisms and bodies
entrusted with the task of combating torture, in particular with a view to
enhancing further their effectiveness and mutual cooperation;
17. Invites the Special Rapporteur, in carrying out his mandate, to
bear in mind the need to be able to respond effectively to credible and
reliable information that comes before him and to carry out his work with
discretion;
18. Appeals to all Governments to cooperate with and assist the Special
Rapporteur in the performance of his tasks and to supply all information
requested, including by reacting properly to his urgent appeals;
19. Urges those Governments that have not yet responded to
communications transmitted to them by the Special Rapporteur to answer
expeditiously;
20. Expresses its thanks to the Governments that invited the Special
Rapporteur and requests them to give due consideration to his recommendations
and to keep him informed without delay of action taken thereon;
21. Calls upon the Special Rapporteur to continue to include
information in his report on the follow-up by Governments to his
recommendations, visits and communications;
22. Encourages Governments to give serious consideration to inviting
the Special Rapporteur to visit their countries so as to enable him to fulfil
his mandate even more effectively;
23. Takes note with regret of the resignation of Mr. P. Kooijmans as
Special Rapporteur and expresses its gratitude to him for the manner in which
he has discharged his functions;
24. Requests the Chairman of the Commission, after consultations within
the Bureau, to appoint an individual of recognized international standing as a
special rapporteur;
25. Requests the Secretary-General to provide all necessary assistance
to the Special Rapporteur to cover all of his activities in order to enable
him to submit his report to the Commission at its fiftieth session.
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
E/CN.4/1993/L.11/Add.5
page 52
1993/41. Human rights in the administration of justice
The Commission on Human Rights,
Guided by the principles embodied in articles 3, 5, 9, 10 and 11 of the
Universal Declaration of Human Rights, as well as the relevant provisions of
the International Covenant on Civil and Political Rights,
Guided also by the relevant principles embodied in the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and in
the International Convention on the Elimination of All Forms of Racial
Discrimination,
Reaffirming the opportunity offered to States parties to the
International Covenant on Civil and Political Rights, if they so wish, to
become parties to its Optional Protocols,
Welcoming the important work of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities in the field of human rights in
the administration of justice, in particular regarding the independence of
judges and lawyers, the right to a fair trial, habeas corpus, human rights and
states of emergency, the human rights of juveniles in detention, the
privatization of prisons and the question of impunity of perpetrators of
violations of human rights,
Emphasizing the importance of coordinating the activities of the
Commission on Crime Prevention and Criminal Justice and the human rights
programme in this field,
Guided by General Assembly resolution 46/120 of 17 December 1991,
Recalling its resolution 1992/31 of 28 February 1992,
1. Reaffirms the importance of the full and effective implementation
of all United Nations standards on human rights in the administration of
justice;
2. Reiterates once again its call to all Member States to spare no
effort in providing for effective legislative and other mechanisms and
procedures, as well as adequate resources to ensure more effective
implementation of these standards, taking into account the recommendations of
the General Assembly in its resolution 43/153 of 8 December 1988 for the
development of national strategies for this purpose;
3. Recognizes the important role that non-governmental organizations,
including professional associations of lawyers and judges, can play in
promoting human rights in the administration of justice;
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4. Again calls upon its subsidiary bodies, including its special
rapporteurs and working groups, to give special attention to questions
relating to the effective protection of human rights in the administration of
justice, in particular with regard to unacknowledged detention of persons, and
to provide, wherever appropriate, specific recommendations in this regard,
including proposals for possible concrete measures under advisory services
programmes;
5. Stresses the desirability of providing States, at their request,
with continued assistance in the field of the administration of justice, in
particular under United Nations programmes of advisory services and technical
assistance;
6. Requests the Sub-Commission on Prevention of Discrimination and
Protection of Minorities to continue its practice of creating a sessional
working group on detention to formulate concrete proposals regarding human
rights in the administration of justice;
7. Also requests the Sub-Commission to formulate concrete proposals to
the Secretary-General regarding the utility and the format of his reports
pursuant to Sub-Commission resolution 7 (XXVII) of 20 August 1974 on the
question of the human rights of persons subjected to any form of detention or
imprisonment;
8. Invites the Commission on Crime Prevention and Criminal Justice to
explore ways and means of cooperating with the human rights programme in the
field of the administration of justice, with special emphasis on the effective
implementation of norms and standards;
9. Decides to consider the question at its fiftieth session under the
agenda item entitled "Question of the human rights of all persons subjected to
any form of detention or imprisonment".
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
E/CN.4/1993/L.11/Add.5
page 54
1993/42. Question of human rights and states of emergency
The Commission on Human Rights,
Noting resolution 1992/22 of 27 August 1992 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities,
1. Recommends the inclusion in the agenda of the World Conference on
Human Rights of an item entitled "Strengthening of protection of human rights
during states of emergency";
2. Also recommends the following draft decision to the Economic and
Social Council for adoption:
The Economic and Social Council, taking note of Commission on Human
Rights resolution 1993/42 of 5 March 1993 and of resolution 1992/22 of
27 August 1992 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, endorses the requests by the Sub-Commission:
(a) To Mr. Leandro Despouy, Special Rapporteur on human rights and
states of emergency, to continue to update the list of states of emergency and
to include in his annual report to the Sub-Commission and the Commission
recommendations on inalienable or non-derogable rights, and
(b) To the Secretary-General to provide the Special Rapporteur with all
the assistance he may require to carry out his work, to maintain cooperation
with the different sources of information and databases, and to process the
information submitted to him in an effective way.
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
1993/43. Question of the impunity of perpetrators of violations
of human rights
The Commission on Human Rights,
Guided by the principles enshrined in the Charter of the United Nations,
the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and
Political Rights, other relevant human rights instruments and the Geneva
Conventions of 12 August 1949,
Convinced that the increasingly widespread practice of impunity for
perpetrators of violations of human rights in various regions of the world is
a fundamental obstacle to the observance of human rights,
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page 55
Recalling the comments that have been made for a number of years on this
subject by, in particular, the Working Group on Enforced of Involuntary
Disappearances, the Special Rapporteur on extrajudicial, summary or arbitrary
executions, the Special Rapporteur on the question of torture and by the
Special Rapporteurs of the Sub-Commission,
1. Takes note with satisfaction of the working paper
(E/CN.4/Sub.2/1992/18) prepared by Mr. El Hadji Guissé and Mr. Louis Joinet
pursuant to decision 1991/110 of 29 August 1991 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities;
2. Endorses the decision of the Sub-Commission in its
resolution 1992/23 of 27 August 1992 to request Mr. Guissé and Mr. Joinet to
draft a study on the impunity of perpetrators of violations of human rights in
order, in particular, to determine the scope of the phenomenon of impunity and
to propose measures to combat that practice;
3. Requests the Secretary-General to provide the Special Rapporteurs
with any assistance required by them to be able to discharge their tasks;
4. Recommends the following draft decision to the Economic and Social
Council for adoption:
The Economic and Social Council taking note of Commission on Human Rights
resolution 1993/43 of 5 March 1993, approves the decision of the Commission to
endorse the decision of the Sub-commission on Prevention of Discrimination and
Protection of Minorities in its resolution 1992/23 of 27 August 1992 to
request Mr. El Hadji Guissé and Mr. Louis Joinet to draft a study on the
impunity of perpetrators of violations of human rights, and also approves
the Commission’s request to the Secretary-General to provide the
Special Rapporteurs with any assistance required by them to be able to
discharge their tasks.
57th meeting
5 March 1993
[Adopted without a vote. See chap X.]
1993/44. Independence and impartiality of the judiciary, jurors
and assessors and the independence of lawyers
The Commission on Human Rights,
Guided by articles 7, 8, 10 and 11 of the Universal Declaration of Human
Rights and articles 2, 4 and 26 of the International Covenant on Civil and
Political Rights,
E/CN.4/1993/L.11/Add.5
page 56
Convinced that an independent and impartial judiciary and an independent
legal profession are essential prerequisites for the protection of human
rights and for ensuring that there is no discrimination in the administration
of justice,
Recalling its resolutions 1989/32 of 6 March 1989, 1990/33 of
2 March 1990, 1991/39 of 5 March 1991 and 1992/33 of 28 February 1992,
Recalling also General Assembly resolution 45/166 of 18 December 1990
welcoming the Basic Principles on the Role of Lawyers adopted by the Eighth
United Nations Congress on the Prevention of Crime and Treatment of Offenders
and inviting Governments to respect them and take them into account within the
framework of their national legislation and practice,
Taking note of General Assembly resolution 46/120 of 17 December 1991 in
which the Assembly, welcoming the recommendations contained in the first
report of the Special Rapporteur (E/CN.4/Sub.2/1991/30 and Add. 1-4) and
endorsed by the Sub-Commission on the Prevention of Discrimination and
Protection of Minorities and also welcoming the decision of the Sub-Commission
to entrust Mr. Louis Joinet with the preparation of a further report,
reaffirmed the importance of the full and effective implementation of
United Nations norms and standards on human rights in the administration of
justice,
Having examined the report on the independence of the judiciary and the
protection of practising lawyers prepared by the Special Rapporteur pursuant
to Sub-Commission resolution 1991/35 of 29 August 1991 (E/CN.4/Sub.2/1992/25
and Add.1),
1. Welcomes the recommendations contained in the report of the Special
Rapporteur and endorsed by the Sub-Commission on Prevention of Discrimination
and Protection of Minorities in its resolution 1992/38 of 28 August 1992;
2. Endorses the decision of the Sub-Commission to entrust
Mr. Louis Joinet with the preparation of a report on strengthening the
independence of the judiciary and the protection of practising lawyers:
(a) To bring to the attention of the Sub-Commission information on
practices and measures which have served to strengthen or to weaken the
independence of the judiciary and the protection of practising lawyers in
accordance with United Nations standards;
(b) To propose specific recommendations regarding the independence of
the judiciary and the protection of practising lawyers to be taken into
E/CN.4/1993/L.11/Add.5
page 57
account in the advisory services and technical assistance programmes and
projects of the United Nations and, in that regard, to follow up the
recommendations contained in his first report (E/CN.4/Sub.2/1991/30 and
Add.1-4);
(c) To examine the ways and means of enhancing cooperation and avoiding
overlapping and duplication in the work of the Commission on Crime Prevention
and Criminal Justice and that of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities;
(d) To elaborate on the recommendations contained in his report;
3. Requests the Secretary-General to provide the Special Rapporteur
with all the assistance necessary for the completion of his task;
4. Recommends the following draft decision to the Economic and Social
Council for adoption:
The Economic and Social Council, taking note of Commission on Human
Rights resolution 1993/44 of 5 March 1993, approves of the decision of the
Commission to endorse the decision of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities to entrust Mr. Louis Joinet with
the preparation of a report on strengthening the independence of the judiciary
and the protection of practising lawyers, as described in Sub-Commission
resolution 1992/38, and approves the request of the Commission to the
Secretary-General to provide the Special Rapporteur with all the assistance
necessary for the completion of his task.
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
1993/45. Right to freedom of opinion and expression
The Commission on Human Rights,
Guided by the Universal Declaration of Human Rights, which affirms the
right to freedom of opinion and expression,
Mindful of the International Covenant on Civil and Political Rights,
which reaffirms, in article 19, the right of everyone to hold opinions without
interference, as well as the right to freedom of expression, and states that
the exercise of the right to freedom of expression carries with it special
duties and responsibilities and may therefore be subject to certain
restrictions, but that these shall be only such as are provided by law and are
E/CN.4/1993/L.11/Add.5
page 58
necessary for respect of the rights or reputations of others, or for the
protection of national security or of public order (ordre public), or of
public health and morals,
Mindful also that the International Covenant on Civil and Political
Rights states that any propaganda for war or any advocacy of national, racial
or religious hatred that constitutes incitement to discrimination, hostility
or violence shall be prohibited by law,
Taking note of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities resolution 1983/32 of 6 September 1983,
Recalling its resolutions 1984/26 of 12 March 1984, 1985/17 of
11 March 1985, 1986/46 of 12 March 1986, 1987/32 of 10 March 1987, 1988/37 and
1988/39 of 8 March 1988, 1989/31 of 6 March 1989, 1989/56 of 7 March 1989,
1990/32 of 2 March 1990, 1991/32 of 5 March 1991 and 1992/22 of
28 February 1992,
Taking note of the preliminary report on the right to freedom of opinion
and expression (E/CN.4/Sub.2/1990/11) and the updated preliminary report
(E/CN.4/Sub.2/1991/9), submitted to the Sub-Commission at its forty-second and
forty-third sessions, respectively, by the Special Rapporteurs,
Mr. Louis Joinet and Mr. Danilo Türk,
Taking note also of the final report on the right to freedom of opinion
and expression (E/CN.4/Sub.2/1992/9) and the conclusions and recommendations
(E/CN.4/Sub/1992/9/Add.1), presented by the Special Rapporteurs to the
Sub-Commission at its forty-fourth session,
Noting the importance and relevance of work being undertaken on the
drafting of a declaration on the right and responsibility of individuals,
groups and organs of society to promote and protect human rights, and
welcoming the fact that the working group has finished first reading and
commenced second reading of the draft declaration at its meeting from 18 to
29 January 1992,
Considering that the effective promotion of human rights of persons who
exercise the right to freedom of opinion and expression is of fundamental
importance to the safeguarding of human dignity,
Noting the reference in the final report of the Special Rapporteurs that
the right to freedom of opinion and expression is interrelated with and
enhances the exercise of all other human rights,
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page 59
Deeply concerned by numerous reports of detention of, as well as
discrimination, threats and acts of violence and harassment, including
persecution and intimidation, against professionals in the field of
information, including journalists, editors, writers and authors, publishers
and printers,
1. Expresses its concern at the extensive occurrence of detention of,
as well as discrimination, threats and acts of violence and harassment,
including persecution and intimidation, directed at persons who exercise the
right to freedom of opinion and expression as affirmed in the Universal
Declaration of Human Rights and, where applicable, the International Covenant
on Civil and Political Rights;
2. Also expresses its concern at the extensive occurrence of detention
of, as well as discrimination, threats and acts of violence and harassment,
including persecution and intimidation, directed at persons who exercise the
intrinsically linked rights to freedom of thought, conscience and religion, of
peaceful assembly and freedom of association, and the right to take part in
the conduct of public affairs as affirmed in the Universal Declaration of
Human Rights and, where applicable, the International Covenant on Civil and
Political Rights;
3. Further expresses its concern at the extensive occurrence in many
parts of the world of detention of, as well as discrimination, threats and
acts of violence and harassment, including persecution and intimidation,
directed at persons who seek to promote and defend these rights and freedoms;
4. Emphasizes that professionals in the field of information play a
major role in the promotion and protection of freedom of opinion and
expression, and expresses in this regard its concern at the growing number of
reports of detention of, as well as discrimination, threats and acts of
violence and harassment, including persecution and intimidation, directed at
such professionals;
5. Underlines in this regard that the Working Group on Arbitrary
Detention, in its methodology of work (E/CN.4/1992/20, annex I) examines cases
of denial of freedom following the exercise of rights protected by article 19
of the International Covenant on Civil and Political Rights concerning the
right to freedom of expression and opinion;
6. Welcomes the release of persons detained for exercising these
rights and freedoms and encourages further progress in this regard;
E/CN.4/1993/L.11/Add.5
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7. Appeals to all States to ensure respect and support for the rights
of all persons who exercise the rights to freedom of opinion and expression
and the rights to freedom of thought, conscience and religion, peaceful
assembly and association, and the right to take part in the conduct of public
affairs, or who seek to promote and defend these rights and freedoms and where
any persons have been detained, subjected to violence or threats of violence
and to harassment, including persecution and intimidation, solely for
exercising these rights as laid down in the Universal Declaration of Human
Rights and, where applicable, the International Covenant on Civil and
Political Rights, to take the appropriate steps to ensure the immediate
cessation of these acts and to create the conditions under which these acts
may be less liable to occur;
8. Also appeals to all States to ensure that persons seeking to
exercise these rights and freedoms are not discriminated against, particularly
in such areas as employment, housing and social services;
9. Invites once again the Working Group on Enforced or Involuntary
Disappearances, the Working Group on Arbitrary Detention and the Special
Rapporteurs of the Commission on Human Rights to pay attention, within the
framework of their mandates, to the situation of persons detained, subjected
to violence, ill-treated or discriminated against for having exercised the
right to freedom of opinion and expression, as affirmed in the Universal
Declaration of Human Rights and, where applicable, the International Covenant
on Civil and Political Rights;
10. Commends the Special Rapporteurs of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, Mr. Louis Joinet
and Mr. Danilo Türk, for their final report, including conclusions and
recommendations;
11. Requests the Chairman of the Commission to appoint, for a period of
three years, and after consultations with other members of the Bureau, an
individual of recognized international standing as special rapporteur on the
promotion and protection of the right to freedom of opinion and expression;
12. Requests the Special Rapporteur to gather all relevant information,
wherever it may occur, of discrimination against, threats or use of violence
and harassment, including persecution and intimidation, directed at persons
seeking to exercise or to promote the exercise of the right to freedom of
expression and opinion as affirmed in the Universal Declaration and, where
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applicable, the Universal Covenant on Civil and Political Rights, taking into
account the work being conducted by other mechanisms of the Commission and
Sub-Commission which touches on this right, with a view to avoiding
duplication of work;
13. Also requests the Special Rapporteur, as a matter of high priority,
to gather all relevant information, wherever it may occur, of discrimination
against, threats or use of violence and harassment, including persecution and
intimidation, against professionals in the field of information seeking to
exercise or to promote the exercise of the right to freedom of expression and
opinion, as affirmed in the Universal Declaration and, where applicable, the
International Covenant on Civil and Political Rights;
14. Further requests the Special Rapporteur to seek and receive
credible and reliable information from Governments, non-governmental
organizations and any other parties who have knowledge of these cases;
15. Urges all Governments to cooperate with and assist the Special
Rapporteur in the performance of his or her tasks and to furnish all
information requested;
16. Requests the Secretary-General to provide the Special Rapporteur
with all necessary assistance, in particular the staff and resources deemed
necessary, within existing overall United Nations resources, to fulfil his or
her mandate;
17. Invites the Special Rapporteur to note the work being carried out
on the right to freedom of expression and opinion in the specialized agencies
and other organizations of the United Nations system;
18. Requests the Special Rapporteur to submit to the Commission,
beginning at its fiftieth session, a report covering the activities relating
to his or her mandate, noting the work being conducted by other mechanisms of
the Commission and Sub-Commission which touches on the right to freedom of
expression and opinion, containing recommendations to the Commission and
providing suggestions on ways and means to better promote and protect the
right to freedom of expression and opinion in all its manifestations, as
affirmed in the Universal Declaration of Human Rights and, where applicable,
the International Covenant on Civil and Political Rights;
19. Decides to review this matter at its fiftieth session;
20. Recommends the following draft decision to the Economic and Social
Council for adoption:
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page 62
The Economic and Social Council, taking note of Commission on Human
Rights resolution 1993/45 of 5 March 1993, approves the decision of the
Commission to appoint, for a period of three years, a special rapporteur on
the promotion and protection of the right to freedom of opinion and
expression, also approves the Commission’s request to the Secretary-General to
provide the Special Rapporteur with all necessary assistance, in particular
the staff and resources deemed necessary, within existing overall
United Nations resources, to fulfil his or her mandate, and further approves
the Commission’s request to the Special Rapporteur to submit a report to the
Commission on an annual basis, beginning at its fiftieth session.
57th meeting
5 March 1993
[Adopted without a vote. See chap. X.]
1993/46. Integrating the rights of women into the human rights
mechanisms of the United Nations
The Commission on Human Rights,
Conscious of the importance of the mechanisms established by the
United Nations for the promotion, protection and implementation of the human
rights of women and men,
Concerned that women are susceptible to particular sorts of human rights
abuse,
Mindful of the need for the Commission to be aware of any such abuses at
an early stage wherever they may occur,
Noting the particular role of the Commission on the Status of Women in
promoting equality between women and men,
Commending the report submitted by the Secretary-General (E/CN.6/1993/12)
containing a draft declaration on the elimination of violence against women to
be submitted to the Commission on the Status of Women at its thirty-seventh
session,
Bearing in mind the desirability of closer communication between the
Commission on the Status of Women and other United Nations human rights bodies
and between the Committee on the Elimination of Discrimination against Women
and other treaty bodies,
Welcoming the reaffirmation of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities in its resolution 1992/4 of
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14 August 1992, that the rights of women are recognized as inalienable human
rights and that they should be treated as such in all United Nations bodies,
including the Commission on Human Rights,
Wishing to ensure that information concerning violations of the rights of
women is integrated regularly and systematically into all United Nations
mechanisms for the promotion, protection and implementation of human rights,
Recalling that the Centre for Human Rights was requested to utilize
gender-disaggregated data in the preparation of studies for the World
Conference on Human Rights,
1. Condemns all acts of violence and violations of human rights
directed specifically against women including those in situations of armed
conflict;
2. Requests all special rapporteurs and working groups of the
Commission on Human Rights and the Sub-Commission on Prevention of
Discrimination and Protection of Minorities, in the discharge of their
mandates, regularly and systematically to include in their reports available
information on human rights violations affecting women;
3. Requests the secretariat to ensure that special rapporteurs,
experts and working groups are fully apprised of the particular ways in which
the rights of women are violated;
4. Invites Governments to include gender-disaggregated data in the
information that they provide;
5. Encourages closer cooperation between the Commission on Human
Rights and the Commission on the Status of Women and their respective
secretariats in the promotion, protection and implementation of the rights of
women, as well as between the Committee on the Elimination of Discrimination
against Women and other treaty bodies;
6. Decides to consider the appointment of a special rapporteur on
violence against women at its fiftieth session, taking into account the work
of the Commission on the Status of Women on, inter alia, the issue of violence
against women, the results of the World Conference on Human Rights and the
results of the work undertaken pursuant to the present resolution;
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7. Requests the Secretary-General to consult with all United Nations
human rights bodies, including the treaty bodies, on the implementation of the
present resolution, and invites him to report thereon to the General Assembly
at its forty-eighth session and to the Commission at its fiftieth session.
60th meeting
8 March 1993
[Adopted without a vote. See chap. XI.]
B. Decisions
1993/105. Study on treaties, agreements and other constructive
arrangements between States and indigenous populations
At its 57th meeting, on 5 March 1993, the Commission on Human Rights,
taking note of decision 1992/110 of 27 August 1992 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, decided, without a
vote, to endorse the request of the Sub-Commission to the Special Rapporteur
to submit a second progress report on the study to the working Group on
Indigenous Populations at its twelfth session and to the Sub-Commission at its
forty-sixth session, to endorse the decision of the Sub-Commission to request
the Secretary-General to give the Special Rapporteur all the assistance
necessary to allow him to continue his work, in particular by providing for
the specialized research assistance required and for the necessary trips to
Geneva for consultations with the Centre for Human Rights, and also decided to
recommend to the Economic and Social Council that it endorse this request.
[See chap. XIX.]
1993/106. Right to a fair trial
At its 57th meeting, on 5 March 1993, the Commission on Human Rights,
taking note of resolution 1992/21 of 27 August 1992 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, expressed its
appreciation to the Special Rapporteur, Mr. Stanislav Chernichenko and
Mr. William Treat, for their continued work on the study entitled "The right
to a fair trial: current recognition and measures necessary for its
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page 65
strengthening", and decided, without a vote, to endorse the request to the
Special Rapporteurs to continue their study and recommends the following draft
decision to the Economic and Social Council for adoption:
The Economic and Social Council, recalling its decision 1992/230 of
20 July 1992, approves the endorsement by the Commission on Human Rights
of the request of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities to Mr. Stanislav Chernichenko and
Mr. William Treat to continue their study entitled "The right to a fair
trial: current recognition and measures necessary for its
strengthening", as described in Sub-Commission resolution 1992/21 of
27 August 1992, and requests the Secretary-General to provide the
Special Rapporteurs with all the assistance necessary for the completion
of their task.
[See chap. X.]
1993/107. The right to restitution, compensation and rehabilitation
for victims of gross violations of human rights and
fundamental freedoms
At its 57th meeting, on 5 March 1993, the Commission on Human Rights,
taking note of resolution 1992/32 of 27 August 1992 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, decided, without a
vote, to endorse the request of the Sub-Commission to Mr. Theo van Boven,
Special Rapporteur on the right to restitution, compensation and
rehabilitation for victims of gross violations of human rights and fundamental
freedoms, to continue his study, taking into account, inter alia, the comments
made in the discussion on the preliminary and progress reports
(E/CN.4/Sub.2/1990/10, E/CN.4/Sub.2/1991/7 and E/CN.4/Sub.2/1992/8) and to
submit to the Sub-Commission, at its forty-fifth session, a final report which
should include a set of conclusions and recommendations aimed at developing
basic principles and guidelines with respect to the right to restitution,
compensation and rehabilitation for victims of gross violations of human
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page 66
rights and fundamental freedoms, and also to endorse the request to the
Secretary-General to provide the Special Rapporteur with all the assistance he
may require to prepare his final report.
[See chap. X.]
1993/108. Study of the issue of the privatization of prisons
At its 57th meeting, on 5 March 1993, the Commission on Human Rights,
taking note of decision 1992/107 of 27 August 1992 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, decided, without a
vote to endorse the requests of the Sub-Commission to: (a) Ms. Claire Palley
to prepare, without financial implications, an outline of the possible
utility, scope and structure of a special study which may be undertaken on the
issue of privatization of prisons, to be submitted to the Working Group on
Detention and to the Sub-Commission at its forty-fifth session, and (b) to the
Secretary-General to provide Ms. Palley with all possible assistance for the
completion of her task.
[See chap. X.]
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