UN Human Rights Treaties

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E/CN.4/1994/L.10/Add.17
9 March 1994
ENGLISH
Original: FRENCH
COMMISSION ON HUMAN RIGHTS
Fiftieth session
Agenda item 17
DRAFT REPORT OF THE COMMISSION
Rapporteur: Mr. François-Xavier NGOUBEYOU
CONTENTS*
Chapter Paragraphs Page
XVII. Report of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities
on its forty-fifth session . . . . . . . . . . . . 1 - 63
* Documents E/CN.4/1994/L.10 and addenda 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, are contained in documents
E/CN.4/1994/L.11 and addenda.
GE.94-12142 (E)
E/CN.4/1994/L.10/Add.17
page 2
XVII. REPORT OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND
PROTECTION OF MINORITIES ON ITS FORTY-FIFTH SESSION
1. The Commission considered agenda item 17 at its 23rd to 26th meetings, on
15 and 16 February, at its 55th meeting, on 4 March, and at its 64th meeting,
on 9 March 1994.
2. The Commission had before it the following documents:
Report of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities on its forty-fifth session
(E/CN.4/1994/2-E/CN.4/Sub.2/1993/45);
Report of Mr. Awn Al-Khasawneh, Chairman of the Sub-Commission at its
forty-fifth session, prepared in accordance with paragraph 12 of
Commission resolution 1993/28 and Economic and Social Council
decision 1993/261 (E/CN.4/1994/70);
Report of the Secretary-General on the draft programme of action for the
prevention of traffic in persons and of the exploitation of the
prostitution of others (E/CN.4/1994/71 and Add.1).
3. At the 23rd meeting, on 15 February 1994, Mr. Awn Al-Khasawneh, Chairman
of the Sub-Commission on Prevention of Discrimination and Protection of
Minorities at its forty-fifth session, introduced his report (E/CN.4/1994/70)
to the Commission.
4. In the general debate on item 17, statements were made by the following
members of the Commission: Australia (24th), Austria (25th), Brazil (24th),
Bulgaria (24th), Canada (24th), Chile (24th), China (23rd), Cyprus (25th),
Denmark (on behalf of Denmark, Finland, Iceland, Norway, and Sweden) (24th),
France (25th), India (25th), Malaysia (24th), Mexico (25th),
Netherlands (24th), New Zealand (23rd), Nigeria (24th), Republic of
Korea (23rd), the Russian Federation (24th), United States of America (23rd).
5. The Commission heard statements by the observers for the following
countries: Democratic People’s Republic of Korea (25th), Egypt (25th),
El Salvador (25th), Ukraine (25th).
6. The Commission also heard statements by representatives of the following
non-governmental organizations: Anti-Slavery Society for the Protection of
Human Rights (25th), Commission of the Churches on International Affairs of
the World Council of Churches (25th), Grand Council of the Crees (24th),
Indian Council of South America (25th), Indian Institute for Non-Aligned
Studies (24th), International Abolitionist Federation (25th), International
E/CN.4/1994/L.10/Add.17
page 3
Association for the Defence of Religious Liberty (24th), International
Association of Democratic Lawyers (24th), International Association of
Educators for World Peace (25th), International Fellowship of
Reconciliation (25th), International Indian Treaty Council (26th),
International Organization of Indigenous Resource Development (25th), Nordic
Saami Council (24th), Third World Movement against the Exploitation of
Women (25th), Women’s International League for Peace and Freedom (25th),
World Muslim Congress (25th).
7. Statements in exercise of the right of reply or its equivalent were
made by the representatives of Bangladesh (24th), Egypt (25th) and the
Sudan (25th).
8. At the 26th meeting, on 16 February 1994, the Chairman of the
Sub-Commission at the forty-fifth session presented his conclusions.
9. At its 55th and 64th meetings, the Commission considered the draft
resolutions and draft decision submitted under agenda item 17.
10. At the 55th meeting, the representative of Germany introduced draft
resolution E/CN.4/1994/L.32, sponsored by Australia, Canada, Denmark*,
Germany, Japan, Norway* and Sweden. The sponsors of the draft resolution were
subsequently joined by Austria, Belgium*, Finland, Greece*, the Netherlands,
Portugal*, Senegal*, Spain*, the United Kingdom of Great Britain and
Northern Ireland and the United States of America.
11. In accordance with rule 28 of the rules of procedure of the functional
Commission of the Economic and Social Council, the attention of the Commission
was drawn to an estimate of the administrative and programme budget
implications of the draft resolution.
12. The draft resolution was adopted without a vote.
13. For the text, see chapter II, section A, resolution 1994/23.
14. At the same meeting, the representative of the Netherlands introduced
draft resolution E/CN.4/1994/L.34, sponsored by Ireland*, Netherlands, Poland,
Portugal* and Romania. The sponsors of the draft resolution were subsequently
joined by Nigeria.
15. Portugal later withdrew from the list of sponsors of the draft
resolution.
16. The draft resolution was adopted without a vote.
17. For the text, see chapter II, section A, resolution 1994/24.
E/CN.4/1994/L.10/Add.17
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18. At the same meeting, the representative of the Netherlands introduced
draft resolution E/CN.4/1994/L.35 sponsored by the Czech Republic, Iran
(Islamic Republic of), Ireland*, Netherlands, the Philippines*, Poland,
Portugal*, Romania, Slovakia* and the United States of America. The sponsors
of the draft resolution were subsequently joined by Belgium*, Greece*,
Nigeria, and the United Kingdom of Great Britain and Northern Ireland.
19. The draft resolution was adopted without a vote.
20. For the text, see chapter II, section A, resolution 1994/25.
21. In view of the adoption of resolution 1994/25 (see paras. 18-20), the
Commission decided to take no action on draft resolution I, recommended for
adoption by the Sub-Commission (see E/CN.4/1994/2-E/CN.4/Sub.2/1993/45,
chap. I, sect. A).
22. At the same meeting, the representative of Australia introduced draft
resolution E/CN.4/1994/L.36, sponsored by Australia, Bolivia*, Brazil, Canada,
Chile, Colombia, Denmark*, Greece*, Mexico, New Zealand* and Norway*. The
sponsors of the draft resolution were subsequently joined by Nigeria and
Slovakia*.
23. The draft resolution was adopted without a vote.
24. For the text, see chapter II, section A, resolution 1994/26.
25. At the same meeting, the representative of Canada introduced draft
resolution E/CN.4/1994/L.37, sponsored by Canada, Colombia, Denmark*, Finland,
Hungary, Norway* and Venezuela. Algeria*, Australia, Costa Rica, Cyprus,
the Czech Republic*, El Salvador*, Germany, Greece*, the Islamic Republic
of Iran, Ireland*, Japan, Latvia*, the Libyan Arab Jamahiriya, Nigeria,
the Philippines*, Sweden*, the United Kingdom of Great Britain and
Northern Ireland, and Turkey* subsequently joined the sponsors.
26. The representative of Canada orally revised the draft resolution by
inserting a new paragraph between the second and third preambular paragraphs,
reading: "Noting also the Centre for Human Rights publication Human Rights
and Disabled Persons (United Nations publication, Sales No. E.92.XIV.4) by
Mr. Leandro Despouy, Special Rapporteur of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities, in which the establishment of a
mechanism such as an international ombudsman is proposed,".
27. A statement in connection with the draft resolution and the proposed
amendment was made by the representative of Costa Rica.
28. The draft resolution, as orally revised, was adopted without a vote.
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29. For the text as adopted, see chapter II, section A, resolution 1994/27.
30. At the same meeting, the representative of Denmark* introduced draft
resolution E/CN.4/1994/L.38, sponsored by Australia, Belgium*, Bolivia*,
Chile, Colombia, Cuba, Denmark*, Finland, Greece*, Iceland*, Italy, Mexico,
New Zealand, Nicaragua*, Norway*, Portugal*, the Russian Federation and
Sweden*. Cameroon, Canada, Ecuador and Nigeria subsequently joined the
sponsors.
31. The representative of Denmark* orally revised the draft resolution by
inserting a new paragraph between the first and second preambular paragraphs,
reading: "Bearing in mind Articles 55 and 56 of the Charter of the
United Nations in the context of all human rights of indigenous people;".
32. The draft resolution, as orally revised, was adopted without a vote.
33. For the text, see chapter II, section A, resolution 1994/28.
34. At the same meeting, the representative of Canada introduced draft
resolution E/CN.4/1994/L.41, sponsored by Australia, Brazil, Canada, Chile,
Colombia, Costa Rica, Denmark*, Finland, Greece*, Hungary, Mexico,
New Zealand*, Norway*, the Russian Federation and Sweden*. Cyprus, Nigeria
and Slovakia* subsequently joined the sponsors.
35. The draft resolution was adopted without a vote.
36. For the text, see chapter II, section A, resolution 1994/29.
37. In view of the adoption of resolution 1994/29 (see paras. 34-36), the
Commission decided to take no action on draft decision 12, recommended for
adoption by the Sub-Commission (see E/CN.4/1994/2-E/CN.4/Sub.2/1993/45,
chap. I, sect. B).
38. At the same meeting, the representative of the United States of America
introduced draft decision E/CN.4/1994/L.33, sponsored by Australia,
Germany, Greece*, Hungary, Kenya, the Netherlands, Poland, Romania,
the Russian Federation, the United States of America and Uruguay. Cyprus
subsequently joined the sponsors.
39. Statements in connection with the draft decision were made by the
representatives of Cuba, India, the Syrian Arab Republic and the United States
of America.
40. Statements in explanation of their delegations’ positions were made by
the representatives of Cuba, Mexico and the Republic of Korea.
41. The draft decision was adopted without a vote.
42. For the text, see chapter II, section B, decision 1994/103.
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page 6
43. In view of the adoption of decision 1994/103 (see paras. 38-42), the
Commission decided to request the Sub-Commission to reconsider draft
decisions 1, 2, 4, 8 and 13, which it had recommended for adoption
(see E/CN.4/1994/2-E/CN.4/Sub.2/1993/45, chap. I, sect. B).
44. At the same meeting, the Commission considered draft decision 6,
recommended by the Sub-Commission (see E/CN.4/1994/2-E/CN.4/Sub.2/1993/45,
chap. I, sect. B).
45. The draft decision was adopted without a vote.
46. For the text, see chapter II, section B, decision 1994/104.
47. At the same meeting, the Commission considered draft decision 11,
recommended by the Sub-Commission (see E/CN.4/1994/2-E/CN.4/Sub.2/1993/45,
chap. I, sect. B).
48. The representative of Brazil proposed that all references to "indigenous
peoples" in the draft decision should be replaced by "indigenous people".
49. The representative of Australia proposed that the text should remain as
it stood, with the expression "indigenous peoples".
50. The representative of India supported the proposal by the representative
of Brazil.
51. The representative of Australia, not having pressed the proposal, agreed
to the amendment by Brazil.
52. The draft decision, as amended by Brazil, was adopted without a vote.
53. For the text, see chapter II, section B, decision 1994/105.
54. At the same meeting, the Commission considered draft decision 14,
recommended by the Sub-Commission (see E/CN.4/1994/2-E/CN.4/Sub.2/1993/45,
chap. I, sect. B).
55. The draft decision was adopted without a vote.
56. For the text, see chapter II, section B, decision 1994/106.
57. At the 64th meeting, the representative of Cuba introduced draft
resolution E/CN.4/1994/L.30, sponsored by Angola, China, Colombia, Cuba,
Ethiopia*, Guatemala*, Kenya, Lesotho, Mauritania, Nigeria, Peru, the Sudan,
the Syrian Arab Republic, Uruguay and Venezuela.
58. The representative of Cuba orally revised the English text of the draft
resolution as follows:
(a) Fourth preambular paragraph, replace the original text, which read
as follows: "Reaffirming the need to adopt an integrated and balanced
approach to the issues related to environment, development and human rights",
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by the following text: "Noting the need to adopt an integrated and balanced
approach to the issues related to sustainable development, democracy and human
rights".
(b) Sixth preambular paragraph, replace the original text which read as
follows: "Considering the right to a healthy environment as an inalienable
right and an integral part of all human rights and that it is the
responsibility of all States to promote the right to life in an
environmentally healthy world, through the protection and rational use of
natural resources, non-pollution of water and air and the conservation of
animals and plants" by the following text: "Conscious of the important work
undertaken on environment and development issues by the Commission on
Sustainable Development, the United Nations Environment Programme and other
relevant forums".
(c) Seventh preambular paragraph, replace the original text which read
as follows: "Reiterating the statement contained in the Vienna Declaration
and Programme of Action that the right to development should be fulfilled so
as to meet equitably the developmental and environmental needs of present and
future generations" by the following text: "Considering that the promotion of
an environmentally healthy world contributes to the protection of the human
rights to life and health of everyone, and reaffirming that in this connection
States shall act in accordance with their common but differentiated
responsibilities and respective capabilities".
(d) Eighth preambular paragraph, replace the original text, which read
as follows: "Recognizing that the majority of current situations of
environmental pollution, including the dumping of toxic and dangerous waste,
originate in industrialized countries and that these countries bear the
responsibility in combating such pollution in order to attain environmentally
healthy living conditions, bearing especially in mind the vulnerability of
certain peoples, populations, groups or categories of persons to environmental
problems, particularly in developing countries" by the following text:
"Recognizing that illicit dumping of toxic and dangerous substances and waste
potentially constitute a serious threat to the human rights to life and health
of everyone, bearing especially in mind the vulnerability and concern of
developing countries, and that States should adopt and vigorously implement
existing conventions relating to the dumping of toxic and dangerous products
and waste, and cooperate in the prevention of illicit dumping".
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(e) Ninth preambular paragraph, after "States", insert "have" and
replace "development policies" by "developmental policies".
(f) Tenth preambular paragraph, replace the original text, which read
as follows: "Reaffirming also the importance of international cooperation in
the research and development of environmentally sound technologies, as well as
the need to promote the transfer of such technologies, on favourable terms, to
developing countries so that they may help to clean and protect the
environment in accordance with their development programmes, national
policies, regulations and legislation" by the following text: "Reaffirming
also the importance of promoting, facilitating and financing, as appropriate,
the access to and the transfer of environmentally sound technologies and
corresponding know-how, in particular to developing countries, on favourable
terms, including on concessional and preferential terms, as mutually agreed,
taking into account the need to protect intellectual property rights, as well
as the special needs of developing countries".
(g) Operative paragraph 1, replace the original text, which read as
follows: "Reaffirms principle No. 1 of the United Nations Conference on the
Human Environment (Stockholm, 5-16 June 1972) Declaration, which states that
’man has the fundamental right to freedom, equality and adequate conditions of
life, in an environment of a quality that permits a life of dignity and
well-being, and he bears solemn responsibility to protect and improve the
environment for present and future generations’" by the following text:
"Reaffirms principle No. 1 of the Rio Declaration on Environment and
Development, which states that human beings are at the centre of concerns for
sustainable development and that they are entitled to a healthy and productive
life in harmony with nature".
(h) Operative paragraph 2, replace the original text, which read as
follows: "Reiterates the close link between the right to a healthy
environment and the right to development, both at the national and the
international level" by the following text: "Reiterates that the right to
development must be fulfilled so as to meet equitably the developmental and
environmental needs of present and future generations".
(i) Operative paragraph 3, replace the original text, which read as
follows: "Reaffirms that environmental damage has direct effects on the
enjoyment of a series of human rights such as the rights to life, to health,
to a satisfactory standard of living, to sufficient food, to housing, to
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education, to work, to culture, to non-discrimination, to dignity and the
harmonious development of one’s personality, to security of person and family,
to development and to peace" by the following text: "Recognizes that
environmental damage has potentially negative effects on human rights and the
enjoyment of life, health and a satisfactory standard of living".
(j) Operative paragraph 4, at the end, replace the words "reflecting
recognition and implementation of the right to a healthy environment as a
universal human rights" by "reflecting the link between a healthy environment
and the full enjoyment of human rights".
(k) Operative paragraph 5, replace the original text, which read as
follows: "Stresses the need for developed countries, as those mainly
responsible for the existing problems of pollution, to transfer state-of-theart
and environmentally sound technologies to developing countries in order to
help them to clean and protect the environment in the implementation of their
national development programmes" by the following text: "Recalls that
everyone has the right to enjoy the benefit of scientific progress and its
application, and calls for international cooperation to ensure that human
rights and dignity are fully respected in this area of universal concern".
(l) Operative paragraph 6, replace the original text, which read as
follows: "Decides to appoint Mrs. Fatma Zohra Ksentini Special Rapporteur on
human rights and the environment in order to monitor and examine present and
future environmental problems affecting the full enjoyment of human rights" by
the following text: "Also recalls chapter 33 of Agenda 21 on the provision of
new and additional financial resources to developing countries to achieve
sustainable development".
(m) Operative paragraph 7, replace the original text, which read as
follows: "Requests the Special Rapporteur to prepare a series of practical
recommendations on how to include the right to a healthy environment in the
activities of human rights bodies, including working groups, special
rapporteurs and bodies established by international human rights instruments"
by the following text: "Endorses the request of the Sub-Commission to the
Special Rapporteur to prepare a final report on human rights and the
environment with conclusions and recommendations including recommendations for
the follow-up, by the Commission of her work".
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(n) Operative paragraph 8, replace the original text, which read as
follows: "Also requests the Special Rapporteur to submit a report to the
Commission on Human Rights at its fifty-first session and an interim report to
the General Assembly at its forty-ninth session on the effects of
environmental problems on the full enjoyment of human rights, as well as
effective measures to be implemented in order to promote and protect these
rights" by the following text: "Decides to continue its consideration of this
question, including the recommendation of the Sub-Commission, at its
fifty-first session under the agenda item entitled "Question of the
realization in all countries of the economic, social and cultural rights
contained in the Universal Declaration of Human Rights and the International
Covenant on Economic, Social and Cultural Rights, and study of special
problems which developing countries face in their efforts to achieve these
human rights, including: problems related to the right to enjoy an adequate
standard of living; foreign debt, economic adjustment policies and their
effect on the full enjoyment of human rights and, in particular, on the
implementation of the Declaration on the Right to Development".
59. In accordance with rule 28 of the rules of procedure of functional
commissions of the Economic and Social Council, the attention of the
Commission was drawn to an estimate of the administrative and programme budget
implications of the draft resolution.
60. The draft resolution, as revised, was adopted without a vote.
61. For the text, see chapter II, section A, resolution 1994/65.
62. In view of the adoption of resolution 1994/65 (see paras. 56-60), the
Commission decided to take no action on draft decision 5, recommended for
adoption by the Sub-Commission (see E/CN.4/1994/2 - E/CN.4/Sub.2/1993/45,
chap. I, sect. B).
63. The representative of Japan made a statement in explanation of vote on
draft resolution E/CN.4/1994/L.30.
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