UN Human Rights Treaties

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E/CN.4/1994/L.11/Add.3
7 March 1994
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fiftieth session
Agenda item 26
DRAFT REPORT OF THE COMMISSION
Rapporteur: Mr. François-Xavier NGOUBEYOU
CONTENTS*
Chapter Page
II. Resolutions and decisions adopted by the Commission at its
fiftieth session . . . . . . . . . . . . . . . . . . . . . . .
A. Resolutions
1994/23. Work of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities . .
1994/24. United Nations Voluntary Trust Fund on
Contemporary Forms of Slavery . . . . . . . . .
1994/25. Report of the Working Group on Contemporary
Forms of Slavery of the Sub-Commission on
Prevention of Discrimination and Protection
of Minorities . . . . . . . . . . . . . . . . .
_________
* E/CN.4/1994/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.4/1994/L.11
and addenda.
GE.94-12022 (E)
E/CN.4/1994/L.11/Add.3
page 2
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1994/26. International Decade of the World’s
Indigenous People . . . . . . . . . . . . . . .
1994/27. Human rights and disability . . . . . . . . . .
1994/28. A permanent forum in the United Nations
for indigenous people . . . . . . . . . . . . .
1994/29. Report of the Working Group on Indigenous
Populations of the Sub-Commission on
Prevention of Discrimination and Protection
of Minorities . . . . . . . . . . . . . . . . .
E/CN.4/1994/L.11/Add.3
page 3
1994/23. 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-fifth session
(E/CN.4/1994/2-E/CN.4/Sub.2/1993/45),
Expressing its appreciation for the positive contribution made by the
Sub-Commission to 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,
Noting that the Sub-Commission has already elaborated guidelines for its
work,
Noting also that the Sub-Commission has decided, in its resolution 1993/4
of 20 August 1993 to convene, during its forty-sixth session and in pursuance
of the invitation contained in Commission resolution 1993/28 of 5 March 1993,
a sessional working group to continue the study of its methods of work,
Taking note of the report of the Chairman of the Sub-Commission at its
forty-fifth session (E/CN.4/1994/70) and the proposals contained therein,
Noting with appreciation the dialogue and the spirit of cooperation
between the Commission and the Sub-Commission, as reflected in 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 the
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
E/CN.4/1994/L.11/Add.3
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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,
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 can
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,
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,
Recalling the continuing importance 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. Welcomes Sub-Commission resolution 1992/8 of 26 August 1992 and the
guidelines annexed thereto;
4. Requests the Sub-Commission to implement fully those guidelines;
5. Also requests the Sub-Commission to pay attention to the guidelines
concerning the number of studies and to establish priorities relating to its
work so as to avoid requesting the Commission’s approval of more studies and
similar activities than provided for in the guidelines;
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6. Further 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;
7. Reiterates its invitation to the Sub-Commission to continue, in
particular in the forthcoming sessional working group to be convened pursuant
to Sub-Commission resolution 1993/4 of 20 August 1993, its consideration of
ways in which its work should be improved, with a view to making
recommendations, in particular on the following points:
(a) Initiatives for better coordination with the Commission;
(b) 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;
(c) 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 should 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;
8. 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;
9. Invites the Sub-Commission to continue to give due regard to new
developments in the field of human rights;
10. Notes the initiative of the Sub-Commission to request information
about emergency situations and welcomes this as a new development which should
be applied in appropriate circumstances relating to human rights and to which
Governments should give a prompt and appropriate response;
11. 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 and alternates;
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12. 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;
13. Invites the Chairman of the Commission to inform the Sub-Commission
on the debate under this item;
14. Decides to invite the Chairman of the Sub-Commission at its
forty-fifth 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 fiftieth session and the Chairman of
the Sub-Commission at its forty-sixth session to report to the Commission at
its fifty-first 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.
55th meeting
4 March 1994
[Adopted without a vote.]
1994/24. 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 United Nations Voluntary Trust Fund on Contemporary Forms of
Slavery, in accordance with General Assembly resolution 46/122 of
17 December 1991;
2. Expresses its grave concern at the present financial situation of
the Fund due to a lack of contributions;
E/CN.4/1994/L.11/Add.3
page 7
3. Appeals again 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;
4. Requests the Secretary-General to continue to transmit to all
Governments the appeal of the Commission on Human Rights for contributions to
the Fund;
5. Repeats its request to 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.
55th meeting
4 March 1994
[Adopted without a vote.]
1994/25. 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 eighteenth session (E/CN.4/Sub.2/1993/30), submitted to the
Sub-Commission on Prevention of Discrimination and Protection of Minorities at
its forty-fifth session,
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 the most recent, resolution 1993/27
of 5 March 1993,
Recalling its encouragement of the Sub-Commission, including its Working
Group, to continue to elaborate recommendations on the ways and means of
E/CN.4/1994/L.11/Add.3
page 8
establishing an effective mechanism for the implementation of the Conventions
on slavery on the basis of the study prepared by the Secretary-General on this
issue (E/CN.4/Sub.2/1989/37),
Having considered the relevant resolutions of the Sub-Commission,
including the most recent, resolutions 1993/5 and 1993/7 of 20 August 1993,
Noting the recommendation of the Sub-Commission, contained in its
resolution 1993/7, that the Commission create for a period of three years a
working group on contemporary forms of slavery, composed of five independent
experts with relevant experience in the field of human rights and contemporary
forms of slavery in particular, with the task of monitoring the application of
the Conventions on slavery through the examination of the information it
receives,
Considering that the Sub-Commission, in its resolution 1993/7, did not
elaborate on the issue of whether a new working group on contemporary forms of
slavery under the auspices of the Commission would prove an effective
mechanism for the implementation of the Conventions on slavery,
Considering also that the desirability of establishing such a working
group must be assessed inter alia in the light of the current mandate of the
existing Working Group on Contemporary Forms of Slavery, of the need for
avoiding duplication of effort and of other possible options for establishing
an effective mechanism for the implementation of the Conventions on slavery,
Recalling Economic and Social Council resolution 1993/48 of 28 July 1993
and its earlier resolutions on the subject,
Taking note of the information on the state of implementation of the
Programme of Action for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography submitted by States, specialized agencies
and non-governmental organizations contained in the report of the Working
Group submitted pursuant to paragraph 6 of Sub-Commission resolution 1992/2
of 14 August 1992 and transmitted to the Commission (E/CN.4/Sub.2/1993/31
and Add.1),
Taking note also of the draft programme of action for the prevention of
traffic in persons and the exploitation of the prostitution of others
contained in the report of the Secretary-General (E/CN.4/1994/71 and Add.1),
Recalling that the Vienna Declaration and Programme of Action, adopted by
the World Conference on Human Rights, calls for eliminating the exploitation
of and trafficking in women and combating the exploitation and abuse of
children,
E/CN.4/1994/L.11/Add.3
page 9
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
Protection of Minorities for its valuable work, in particular the progress
made at its eighteenth session in implementing its programme of work, and for
its flexible methods of work;
2. Expresses its grave concern at manifestations of contemporary forms
of slavery as reported to the Working Group;
3. Invites the Sub-Commission at its forty-sixth session to clarify
its position on the Working Group on Contemporary Forms of Slavery and to
review its resolution 1993/7 of 20 August 1993 in the light of the current
mandate of the existing Working Group, of the need for avoiding duplication of
effort, and of other possible options for establishing an effective mechanism
for the implementation of the Conventions on slavery, taking into account the
observations contained in the study prepared by the Secretary-General on this
issue (E/CN.4/Sub.2/1989/37) and also taking into account any observations the
Working Group may have;
4. Also invites the Sub-Commission to submit to the Commission at its
fifty-first session its recommendation(s) for establishing an effective
mechanism for the implementation of the Conventions on slavery in order to
enable the Commission to take a well-considered decision on the matter;
5. Further invites the Sub-Commission to consider strengthening its
involvement in the activities of the existing Working Group on Contemporary
Forms of Slavery as an alternative to establishing a new mechanism for the
implementation of the Conventions on slavery;
6. Recommends that the Sub-Commission consider the possibility of
giving guidelines to the Working Group for setting priorities in the field of
its activities;
7. 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, and Institutions and Practices Similar to Slavery
of 1956 and the Convention for the Suppression of Traffic in Persons and of
the Exploitation of the Prostitution of Others of 1949 to submit to the
Working Group regular reports on the situation in their countries, as provided
for under the Conventions;
E/CN.4/1994/L.11/Add.3
page 10
8. 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;
9. 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
supply relevant information to the Working Group;
10. Appeals to all Governments to send representatives to the sessions
of the Working Group;
11. 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;
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. 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 this objective;
15. Encourages all Governments to consider, in the context of the
Programme of Action for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography, the creation of programmes aimed at the
social rehabilitation of all persons involved in prostitution, and of children
in particular;
E/CN.4/1994/L.11/Add.3
page 11
16. Invites the Special Rapporteur on the sale of children to continue
to provide the Working Group on Contemporary Forms of Slavery with his
valuable assistance;
17. Requests the Secretary-General to continue to seek the views of
States concerning the draft programme of action for the prevention of traffic
in persons and the exploitation of the prostitution of others;
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. Recalls that the Economic and Social Council, in its
resolution 1993/48 of 28 July 1993, 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 of
26 May 1983, and invites the Working Group to take these reports into account,
inter alia, when identifying lacunae and policy options;
20. 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 system for the suppression of contemporary
forms of slavery;
21. Welcomes the decision of the Secretary-General to reassign to the
Working Group a Professional staff member of the Centre for Human Rights, as
was the case in the past, 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.
55th meeting
4 March 1994
[Adopted without a vote.]
1994/26. International Decade of the World’s Indigenous People
The Commission on Human Rights,
Guided by the purposes and principles enshrined in the Charter of
the United Nations, the Universal Declaration of Human Rights and the
International Covenants on Human Rights,
Bearing in mind that one of the purposes of the United Nations, as set
forth in its Charter, is the achievement of international cooperation in
solving international problems of an economic, social, cultural or
E/CN.4/1994/L.11/Add.3
page 12
humanitarian character and in promoting and encouraging respect for human
rights and fundamental freedoms for all without distinction as to race, sex,
language or religion,
Recalling General Assembly resolution 42/171 of 11 December 1987 and
Economic and Social Council resolution 1988/63 of 27 July 1988 and its annex,
related to guidelines for international decades,
Recalling also General Assembly resolution 45/164 of 18 December 1990, in
which the Assembly proclaimed 1993 as the International Year of the World’s
Indigenous People, with a view to strengthening international cooperation for
the solution of problems faced by indigenous people in the areas, inter alia,
of human rights, the environment, development, education and health,
Acknowledging the significance of the International Year in raising
international awareness of the contribution of, and problems faced by,
indigenous people throughout the world, and aware of the need to build on the
results and lessons of the International Year,
Recognizing the importance of consulting and cooperating with indigenous
people, the need for financial support from the international community,
including support from within the United Nations and the specialized agencies,
the need for a strategic planning framework and the need for adequate
coordination and communication channels,
Expressing its appreciation of the work undertaken by the Coordinator of
the Year, the Centre for Human Rights, the International Labour Organisation,
the Goodwill Ambassador, Ms. Rigoberta Menchú, and the Working Group on
Indigenous Populations of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities,
Recognizing the value and the diversity of the cultures and the forms of
social organization of the world’s indigenous people,
Welcoming the report of the United Nations Conference on Environment
and Development, in which the vital role of indigenous people and their
communities in the interrelationship between the natural environment and its
sustainable development is recognized, including their holistic traditional
scientific knowledge of their lands, natural resources and environment,
Noting the recommendations included in the Vienna Declaration and
Programme of Action adopted by the World Conference on Human Rights to
proclaim an international decade of the world’s indigenous people, including
action-oriented programmes to be decided upon in partnership with indigenous
people,
E/CN.4/1994/L.11/Add.3
page 13
Noting also the decision of the General Assembly that, beginning in the
first year of the Decade, one day of every year shall be observed as the
International Day of Indigenous People,
1. Welcomes the decision of the General Assembly in its
resolution 48/163 of 21 December 1993 to proclaim the International Decade of
the World’s Indigenous People, commencing on 10 December 1994;
2. Also welcomes the decision of the General Assembly that the goal of
the Decade should be the strengthening of international cooperation for the
solution of problems faced by indigenous people in such areas as human rights,
the environment, development, education and health;
3. Recognizes the importance of developing partnerships based on
mutual respect and understanding with indigenous people in striving to achieve
cooperative action to address those issues of concern to indigenous people;
4. Notes that the period from 1 January to 9 December 1994 is to be
set aside for planning for the Decade in partnership with indigenous people,
and emphasizes the need for careful planning and full collaboration and
consultation with indigenous people in all aspects of preparation and planning
for, and implementation of, activities during the Decade;
5. Invites the Working Group on Indigenous Populations to propose at
its next session an appropriate date for one day of every year to be observed
as the International Day of Indigenous People, following consultations with
indigenous representatives;
6. Requests the Assistant Secretary-General for Human Rights as the
Coordinator of the Decade to coordinate the international programme of
activities for the Decade in full collaboration and consultation with
Governments, competent bodies, regional organizations, the International
Labour Organisation and other specialized agencies of the United Nations, and
indigenous and non-governmental organizations;
7. Also requests the Assistant Secretary-General for Human Rights,
bearing in mind the contribution that indigenous people can make, to establish
a unit within the Centre for Human Rights to support its activities related to
indigenous people and in particular to plan, coordinate and implement
activities for the Decade;
8. Further requests the Secretary-General to make available adequate
human and financial resources from within existing resources to enable the
unit in the Centre for Human Rights to carry out the full range of its tasks
E/CN.4/1994/L.11/Add.3
page 14
associated with the planning, coordination and implementation of activities
for the Decade, including documentation, communication and data processing
needs;
9. Urges United Nations bodies and specialized agencies to designate
focal points for coordination with the Centre for Human Rights of activities
related to the Decade;
10. Encourages Governments to establish national committees or other
mechanisms involving indigenous people to ensure that objectives and
activities for the Decade are planned and implemented on the basis of full
partnership with indigenous people;
11. Requests specialized agencies, regional commissions and other
organizations of the United Nations system to develop with Governments in
partnership with indigenous people how they can contribute to the success of
the Decade, and to transmit their recommendations to the Coordinator and to
the Economic and Social Council;
12. Appeals to the specialized agencies, regional commissions,
financial and development institutions and other relevant organizations of the
United Nations system to increase their efforts to take into special account
the needs of indigenous people in developing evaluation mechanisms, budgeting
and programming, including through an examination of how existing programmes
and resources might be utilized to benefit indigenous people more effectively
and through exploration of ways in which indigenous perspectives and
activities can be included or enhanced;
13. Invites indigenous organizations and other interested
non-governmental organizations to consider the contributions they can make
to the success of the Decade through specific objectives, programmes and
activities, with a view to presenting them to the Working Group on Indigenous
Populations;
14. Requests that the meeting to be convened in accordance with
General Assembly resolution 46/128 of 17 December 1991, with full
participation of indigenous people, review the International Year of the
World’s Indigenous People and also consider preparations for the Decade,
particularly with regard to the elaboration of a detailed plan of action,
including an evaluation mechanism based on measurable criteria and a suggested
funding plan for the Decade, and that the meeting report to the next session
of the Working Group on Indigenous Populations;
15. Requests the Working Group on Indigenous Populations to identify
possible programmes, projects and other activities in connection with the
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page 15
Decade and to submit them, through the Sub-Commission on Prevention of
Discrimination and Protection of Minorities, to the Commission on Human Rights
at its fifty-first session;
16. Requests the Secretary-General to establish a voluntary fund for
the Decade, and authorizes him to seek, accept and administer voluntary
contributions from Governments, intergovernmental and non-governmental
organizations and other private institutions and individuals for the purpose
of funding projects and programmes during the Decade;
17. Urges Governments and intergovernmental organizations and invites
indigenous organizations, non-governmental organizations and other private
institutions and individuals to contribute to the voluntary fund for the
Decade to be established by the Secretary-General;
18. Invites Governments, competent United Nations bodies and
specialized agencies and other intergovernmental institutions, including
financial institutions, to consider providing additional resources to finance
the employment or placement of staff, including indigenous staff, in the unit
in the Centre for Human Rights, bearing in mind the need for equitable
geographical balance;
19. Requests the Secretary-General to give all the assistance necessary
to ensure the success of the Decade;
20. Also requests the Secretary-General to submit a preliminary report
to the General Assembly at its forty-ninth session and a further report at its
fiftieth session on a comprehensive programme of activities for the Decade;
21. Decides to consider the subject of the International Decade of the
World’s Indigenous People at its fifty-first session.
55th meeting
4 March 1994
[Adopted without a vote.]
1994/27. Human rights and disability
The Commission on Human Rights,
Mindful of the pledge made by States, under the Charter of the
United Nations, to take action jointly and separately, in cooperation with the
United Nations, in order to promote a better quality of life, full employment,
and conditions of economic and social progress and development,
Reaffirming the commitment to human rights and fundamental freedoms,
social justice and the dignity and worth of the human person proclaimed in the
Charter,
E/CN.4/1994/L.11/Add.3
page 16
Recalling in particular the international standards of human rights laid
down in the Universal Declaration of Human Rights,
Noting that the rights proclaimed in those instruments should be ensured
equally to all individuals without discrimination,
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;
Recalling Economic and Social Council resolution 1990/26 of 24 May 1990
and the detailed enumeration in the Vienna Declaration and Programme of Action
of specific measures required for the attainment of full equality by persons
with disabilities,
Recalling also General Assembly resolution 48/96 of 20 December 1993, in
which the Assembly adopted the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities, and in particular the decision to
appoint, within the framework of the Commission for Social Development, a
special rapporteur to monitor the implementation of the Standard Rules
(Part IV, para. 2),
1. Calls upon the Secretary-General to maintain the integrity of
programmes within the United Nations system relating to disabled persons,
including the United Nations Voluntary Fund on Disability, in order to promote
the rights and the equalization of opportunities and full inclusion within
societies of persons with disabilities;
2. Welcomes the work done by the Committee on Economic, Social and
Cultural Rights to draw attention to the recommendations of the
Special Rapporteur on human rights and disability;
3. Also welcomes the call by the General Assembly to States to apply
the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities, adopted by the General Assembly in its resolution 48/96 of
20 December 1993;
4. Urges States to cooperate fully with the Special Rapporteur
appointed, within the framework of the Commission for Social Development, to
monitor the implementation of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities and to meet his requests for
information;
5. Also urges States to cooperate fully in the provision of relevant
data to the Committee on Economic, Social and Cultural Rights;
E/CN.4/1994/L.11/Add.3
page 17
6. Encourages all the human rights treaty-monitoring bodies to respond
positively to its invitation to monitor the compliance of States with their
commitments under the relevant human rights instruments in order to ensure the
full enjoyment of those rights by disabled persons;
7. Urges non-governmental organizations active in the protection and
promotion of persons with disabilities to provide relevant information to the
Committee on Economic Social and Cultural Rights and the Centre for Human
Rights;
8. Requests the Secretary-General to report biennially to the
General Assembly on the progress of efforts to ensure the full recognition and
enjoyment of the human rights of disabled people;
9. Reaffirms its commitment to ensuring that the rights of persons with
disabilities and their concern for full participation in community affairs
continue to be addressed in all of its work;
10. Decides to continue to consider the question at its
fifty-first session under the agenda item "Report of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities".
55th meeting
4 March 1994
[Adopted without a vote.]
1994/28. A permanent forum in the United Nations for indigenous people
The Commission on Human Rights,
Guided by the purposes and principles enshrined in the Charter of the
United Nations, the Universal Declaration of Human Rights and the
International Covenants on Human Rights,
Bearing in mind Articles 55 and 56 of the Charter of the United Nations
in the context of all human rights of indigenous people,
Recalling the recommendations pertaining to indigenous people included in
the Vienna Declaration and Programme of Action, adopted by the World
Conference on Human Rights, in particular the recommendation that the
establishment of a permanent forum for indigenous people in the United Nations
system be considered,
Recalling also the recommendations of the United Nations Conference on
Environment and Development to involve indigenous people and their communities
in the United Nations programmes of environment and development as stated in
article 22 of the Rio Declaration on Environment and Development and in
chapter 26 of Agenda 21,
E/CN.4/1994/L.11/Add.3
page 18
Recalling further that the General Assembly, in its resolution 48/163
of 21 December 1993 on the International Decade of the World’s Indigenous
People, requested the Commission on Human Rights, at its fiftieth session, to
give priority consideration to the establishment of a permanent forum for
indigenous people within the United Nations system,
Recognizing the importance of increased incorporation of the values,
views and knowledge of indigenous people into relevant aspects of the
programmes and activities of the United Nations system,
Taking into consideration the desirability of consulting indigenous
organizations in the consideration of the establishment of a permanent forum,
Acknowledging the important role of the Working Group on Indigenous
Populations in this respect,
1. Requests the Assistant Secretary-General for Human Rights, to invite
Governments and indigenous organizations to express their views pertaining to
the possibility of establishing a permanent forum for indigenous people and to
transmit to the Working Group on Indigenous Populations prior to its twelfth
session contributions received, together with a technical note addressing
institutional issues related thereto;
2. Requests the Working Group on Indigenous Populations, at its twelfth
session, to give priority consideration to the possible establishment of a
permanent forum for indigenous people and to submit its suggestions for
alternatives, through the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, to the Commission on Human Rights at its
fifty-first session;
3. Decides to consider the question of a permanent forum at its
fifty-first session.
55th meeting
4 March 1994
[Adopted without a vote.]
1994/29. 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
E/CN.4/1994/L.11/Add.3
page 19
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,
Having examined the report of the Working Group on its eleventh session
(E/CN.4/Sub.2/1993/29 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 completion by the Working Group on Indigenous
Populations of its work on a text for a draft declaration on the rights of
indigenous people, reflective, inter alia, of the value and diversity of
cultures and the forms of social organization of indigenous people,
1. Takes note of the 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);
2. Expresses its appreciation and satisfaction to the Working Group on
Indigenous Populations of the Sub-Commission for its valuable work;
3. Also expresses its appreciation to observers participating in
the eleventh session of the Working Group on Indigenous Populations,
representatives of Governments, the specialized agencies, non-governmental
organizations and indigenous organizations for their active and constructive
participation in its work;
4. Notes the decision of the Sub-Commission:
(a) To postpone until its forty-sixth session consideration of the
draft declaration prepared by the Working Group;
(b) To request the Secretary-General to submit the draft declaration to
the appropriate services within the Centre for Human Rights for its technical
revision;
(c) To request the Secretary-General to transmit the technically
revised text of the draft declaration to Governments, intergovernmental and
non-governmental organizations and to indigenous people and organizations no
E/CN.4/1994/L.11/Add.3
page 20
later than 31 March 1994 and to note explicitly that no further amendments to
the technically revised text will be accepted during the future proceedings
of the Working Group but that the report of the Working Group on its
twelfth session will contain a summary of general views expressed by the
participants on the draft declaration;
5. Urges the Sub-Commission to complete its consideration of the draft
declaration and submit to the Commission on Human Rights at its fifty-first
session the draft declaration together with any recommendations thereon;
6. Recommends to the Economic and Social Council that:
(a) The Working Group be authorized to meet for five working days prior
to the forty-sixth session of the Sub-Commission;
(b) Upon final adoption of the draft declaration by the
General Assembly, it be issued as a United Nations sales publication so as
to ensure its wide distribution;
7. Invites the Working Group to take into account in its deliberations
on developments pertaining to the promotion and protection of the human rights
of indigenous people the work, within the framework of their respective
mandates, of all thematic special rapporteurs, special representatives,
independent experts and working groups as it pertains to the situation of
indigenous people;
8. Urges the Working Group to continue its comprehensive review of
developments and of the situation and aspirations of indigenous people
throughout the world;
9. Requests the Secretary-General to give all the necessary resources
and assistance to the Working Group in discharging its tasks, including
adequate dissemination of information about the activities of the Working
Group to Governments, specialized agencies and non-governmental and indigenous
organizations, in order to encourage the widest possible participation in its
work;
10. Requests the Secretary-General:
(a) To transmit the reports of the Working Group to Governments,
indigenous organizations and intergovernmental and non-governmental
organizations, as soon as possible, for specific comments and suggestions;
(b) To ensure that all meetings of the Working Group at its
twelfth session are provided with interpretation and documentation;
11. Expresses its gratitude and appreciation to the Governments and
organizations that have made contributions to the United Nations Voluntary
Fund for Indigenous Populations;
E/CN.4/1994/L.11/Add.3
page 21
12. Appeals to all Governments, organizations and individuals in a
position to do so to consider favourably requests for further contributions to
the Fund;
13. Authorizes the Chairperson-Rapporteur of the Working Group on
Indigenous Populations to represent the Working Group at the International
Conference on Population and Development to take place at Cairo from
6-13 September 1994;
14. Expresses its appreciation to the Special Rapporteur,
Mrs. Erica-Irene Daes, for her timely completion of the study on measures
to strengthen respect for the cultural property of indigenous people
(E/CN.4/Sub.2/1993/28);
15. Endorses the proposal, made by the Sub-Commission at its
forty-fifth session, to hold a seminar on indigenous land rights and claims,
within existing resources, with the participation of representatives of
Governments, indigenous people and experts;
16. Encourages all the initiatives that can be taken by Governments,
indigenous organizations and non-governmental organizations to ensure the full
participation of indigenous people in the activities related to the tasks of
the Working Group.
55th meeting
4 March 1994
[Adopted without a vote.]
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