UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/1995/L.11/Add.3
6 March 1995
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-first session
Agenda item 28
DRAFT REPORT OF THE COMMISSION
Rapporteur: Mr. Hannu HALINEN
CONTENTS*
Chapter Page
II. Resolutions and decisions adopted by the Commission at its
fifty-first session
A. Resolutions
1995/43. Human rights and terrorism
1995/44. The protection of human rights in the context of
human immunodeficiency virus (HIV) and acquired
immune deficiency syndrome (AIDS)
1995/45. Human rights and unilateral coercive measures
1995/46. Regional arrangements for the promotion and
protection of human rights
* E/CN.4/1995/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.4/1995/L.11
and addenda.
GE.95-11586 (E)
E/CN.4/1995/L.11/Add.3
page 2
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1995/47. Decade for Human Rights Education
1995/48. Regional arrangements for the promotion and
protection of human rights in the Asian and
Pacific region
1995/49. Development of public information activities in
the field of human rights, including the World
Public Information Campaign for Human Rights
1995/50. National institutions for the promotion and
protection of human rights
1995/51. Assistance to Guatemala in the field of human
rights
1995/52. Situation of human rights in Togo
1995/53. Advisory services and the Voluntary Fund for
Technical Cooperation in the Field of Human
Rights
1995/54. Assistance to States in strenghtening the rule
of law
1995/55. The situation of human rights in Cambodia
1995/56. Assistance to Somalia in the field of human
rights
1995/57. Internally displaced persons
1995/58. Human rights and disability
E/CN.4/1995/L.11/Add.3
page 3
1995/43. Human rights and terrorism
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of
Human Rights and the International Covenants on Human Rights,
Bearing in mind that the most fundamental human right is the right to
life,
Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23)
adopted by the World Conference on Human Rights,
Recalling and reaffirming General Assembly resolutions 48/122 of
20 December 1993, 49/60 of 9 December 1994 and 49/185 of 23 December 1994 and
its own resolution 1994/46 of 4 March 1994,
Recalling also resolution 1994/18 of 25 August 1994 of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities,
Reiterating that all Member States have an obligation to promote and
protect human rights and fundamental freedoms and that the individual also has
the responsibility to strive for the promotion and observance of human rights,
Deeply concerned at the gross violations of human rights perpetrated by
terrorist groups,
Profoundly deploring the increasing number of innocent persons, including
women, children and the elderly, killed, massacred and maimed by terrorists in
indiscriminate and random acts of violence and terror, which cannot be
justified under any circumstances,
Noting with great concern the growing connection between terrorist groups
and the illegal traffic of arms and drugs, as well as the consequent
commission of serious crimes,
1. Reiterates the unequivocal condemnation of all acts, methods and
practices of terrorism, regardless of their motivation, in all its forms and
manifestations, wherever and by whomever committed, as acts of aggression
aimed at the destruction of human rights, fundamental freedoms and democracy,
threatening the territorial integrity and security of States, destabilizing
legitimately constituted Governments, undermining pluralistic civil society
and having adverse consequences on the economic and social development of
States;
2. Expresses its solidarity with the victims of terrorism, and in this
context encourages States to respond to the request of the Secretary-General
E/CN.4/1995/L.11/Add.3
page 4
made pursuant to paragraph 4 of General Assembly resolution 49/185, for their
views on the possible establishment of a United Nations voluntary fund for
victims of terrorism;
3. Calls upon States to take all necessary and effective measures, in
accordance with international standards of human rights, to prevent, combat
and eliminate terrorism and urges the international community to enhance
multilateral and bilateral cooperation in the fight against terrorism at the
national, regional and international levels;
4. Requests the Secretary-General to continue to collect information
on this question from all relevant sources and to make it available to the
special rapporteurs and working groups concerned and to the Commission of
Human Rights for their consideration;
5. Urges all thematic special rapporteurs and working groups to
address as appropriate the consequences of the acts, methods and practices of
terrorist groups in their forthcoming reports to the Commission;
6. Welcomes the decision of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities to entrust one of its members with
the task of preparing a working paper on the question of terrorism and human
rights, and in this context invites States that so wish to forward relevant
information to him;
7. Decides to continue its consideration of the question at its
fifty-second session as a matter of priority.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XI.]
1995/44. The protection of human rights in the context of
human immunodeficiency virus (HIV) and acquired
immune deficiency syndrome (AIDS)
The Commission on Human Rights,
Recognizing that the increasing challenges presented by HIV/AIDS require
renewed efforts to ensure universal respect for and observance of human rights
and fundamental freedoms for all, as well as the avoidance of HIV/AIDS-related
discrimination and stigma,
Mindful that respect for the principle of non-discrimination is the key
to the protection and realization of human rights and fundamental freedoms as
recognized in international instruments,
E/CN.4/1995/L.11/Add.3
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Recalling General Assembly resolutions 45/187 of 21 December 1990
and 46/203 of 20 December 1991, Economic and Social Council resolution 1990/86
of 27 July 1990, World Health Assembly resolutions WHA41.24 of 13 May 1988,
WHA43.10 of 16 May 1990, WHA45.35 of 14 May 1992 and WHA46.37 of 14 May 1993,
General Recommendation 15 of the Committee on the Elimination of
Discrimination against Women and other relevant resolutions and decisions
adopted by organizations of the United Nations system, as well as by other
competent forums,
Welcomes the Final Declaration of the Paris AIDS Summit, of
1 December 1994, in which the participants pledged to promote and protect the
rights of people infected and affected by HIV/AIDS,
Also welcomes the progress made in the establishment of a joint and
co-sponsored United Nations programme on HIV/AIDS,
Recalling its resolutions 1992/56 of 3 March 1992, 1993/53 of
9 March 1993 and 1994/49 of 4 March 1994 concerning discrimination against
people with HIV infection or AIDS,
Acknowledging the significant role of the World Health Organization, and
other bodies of the United Nations system, and the major contribution made by
national and international non-governmental organizations, in particular
organizations of people living with HIV/AIDS, and the International Federation
of Red Cross and Red Crescent Societies, in fighting discrimination against
and advocating the rights of people living with HIV/AIDS,
Noting with appreciation the Rights and Humanity Declaration and Charter
on HIV and AIDS transmitted to the Commission at its forty-eighth session by
the Permanent Mission of the Gambia to the United Nations (E/CN.4/1992/82),
Concerned that lack of full enjoyment of their fundamental rights by
persons suffering from economic, social or legal disadvantage heightens their
vulnerability to the risk of HIV infection,
Noting that, according to a report submitted to the Commission on the
Status of Women at its thirty-third session (E/CN.6/1989/6/Add.1), women are
especially vulnerable to the risk of HIV infection and to the economic and
social impact of AIDS as a result of their disadvantageous legal, social and
economic status, and concerned at the increasing rate of HIV infection among
women and girls,
E/CN.4/1995/L.11/Add.3
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Expresses its grave concern that the continuing exploitation of children,
including child prostitution, poses the risk of transmission of HIV,
Concerned at evidence indicating that groups in society suffering
discrimination in the enjoyment of their fundamental rights, and disadvantage
with respect to their access to education, health care and social services,
are as a result more vulnerable to the risk of infection and to the personal
and social impact of the pandemic,
Alarmed at discriminatory laws and policies and the emergence of new
forms of discriminatory practices which deny people living with HIV/AIDS,
their families and associates, as well as high-risk groups, enjoyment of their
fundamental rights and freedoms,
Concerned that the fear and ignorance surrounding HIV/AIDS are leading to
increased stigmatization of and prejudice against people living with HIV/AIDS
or presumed to be at risk of infection, sometimes resulting in intimidation,
harassment or violence against such individuals, as well as to arbitrary
detention and deportation,
Bearing in mind that, as recognized by the World Health Assembly in its
resolution WHA45.35, there is no public health rationale for any measures that
limit the rights of the individual, notably measures establishing mandatory
screening,
Stressing that discrimination and stigmatization are counter-productive
to measures to prevent and control HIV/AIDS, and that anti-discrimination
measures form a component part of an effective public health strategy,
Emphasizing the responsibility of Governments to take measures to counter
social stigmatization of and discrimination against those affected by
HIV/AIDS, and their commitment to strengthen national and international
mechanisms that are concerned with HIV/AIDS-related human rights and ethics,
Recognizing that HIV transmission can be prevented through informed and
responsible behaviour, and emphasizing the role and responsibility of
individuals, groups and organs of society aimed at promoting, in a spirit of
human solidarity and tolerance, a social environment supportive of the
effective prevention and eradication of the root causes of the HIV/AIDS
pandemic,
Welcoming the report by the Secretary-General on international and
domestic measures taken to protect human rights and prevent discrimination in
E/CN.4/1995/L.11/Add.3
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the context of HIV/AIDS (E/CN.4/1995/45) and his recommendations therein, but
noting with concern that there is insufficient information about successful
strategies for protecting human rights in the context of HIV/AIDS,
1. Confirms that discrimination on the basis of AIDS or HIV status,
actual or presumed, is prohibited by existing international human rights
standards, and that the term "or other status" in non-discrimination
provisions in international human rights texts can be interpreted to cover
health status, including HIV/AIDS;
2. Calls upon all States to ensure, where necessary, that their laws,
policies and practices, including those introduced in the context of HIV/AIDS,
respect human rights standards, including the right to privacy and integrity
of people living with HIV/AIDS, prohibit HIV/AIDS-related discrimination and
do not have the effect of inhibiting programmes for the prevention of HIV/AIDS
and for the care of persons infected with HIV/AIDS;
3. Also calls upon all States to take all the necessary steps,
including appropriate and speedy redress procedures and the introduction of
protective legislation and appropriate education to combat discrimination,
prejudice and stigma, to ensure the full enjoyment of civil, political,
economic, social and cultural rights by people living with HIV/AIDS, their
families and associates, and people presumed to be at risk of infection, with
particular attention to women, children and vulnerable groups, and to address
such concerns within their activities in the context of the International Year
of Tolerance, 1995;
4. Further calls upon all States to strengthen their efforts to
advance the legal, economic and social status of women, children and
vulnerable groups in order to render them less vulnerable to the risk of HIV
infection and to the adverse socio-economic consequences of the AIDS pandemic;
5. Recognizes the need to protect women and girls from sexual abuse
and violence and calls upon the Special Rapporteur on the sale of children,
child prostitution and child pornography, the Committee on the Rights of the
Child, the Commission on the Status of Women and the Working Group on
Contemporary Forms of Slavery to pay sustained attention to the risk which the
continuing exploitation of children, including child prostitution, poses for
the transmission of HIV;
6. Invites States to involve non-governmental and community-based
organizations and people living with HIV/AIDS in the formulation and
E/CN.4/1995/L.11/Add.3
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implementation of public policies, including the support of participatory
programmes for prevention, care and social support among vulnerable and
marginalized populations;
7. Calls upon States to take all necessary steps, in particular
appropriate education and information measures, to facilitate informed and
responsible behaviour;
8. Invites the Human Rights Committee, the Committee on Economic,
Social and Cultural Rights and other similar bodies to give full attention to
monitoring States parties’ compliance with their commitments under the
relevant human rights instruments regarding the rights of people living with
HIV/AIDS, their families and associates, or people presumed to be at risk of
infection;
9. Calls upon the Sub-Commission on Prevention of Discrimination and
Protection of Minorities to keep the issue of AIDS-related discrimination
under continuous review under all relevant agenda items, as well as within the
work of its relevant working groups and special rapporteurs;
10. Calls upon relevant professional bodies to re-examine their codes
of professional practice with a view to strengthening respect for human rights
and dignity in the context of HIV/AIDS, and calls upon the relevant
authorities to develop training in this regard;
11. Requests the co-sponsors of the joint and co-sponsored
United Nations programme on HIV/AIDS to integrate a strong human rights
component throughout the strategies and work of the future programme;
12. Requests the High Commissioner for Human Rights to consider
appropriate methods by which to keep under continuous review the protection of
human rights in the context of the HIV/AIDS pandemic and to undertake with the
Centre for Human Rights, in cooperation with the joint and co-sponsored
United Nations programme on HIV/AIDS, non-governmental agencies and other
actors in the field, the task of elaborating guidelines on promoting and
protecting respect for human rights in the context of HIV/AIDS, and to reflect
in this regard on the possibility of organizing a second international expert
consultation on human rights and AIDS;
13. Requests the Secretary-General to consult with Governments,
relevant United Nations bodies, specialized agencies and non-governmental
organizations with a view to keeping under review the protection of human
E/CN.4/1995/L.11/Add.3
page 9
rights in the context of the HIV/AIDS pandemic and to prepare for the
consideration of the Commission at its fifty-second session a progress report
on the development of a human rights component in the joint and co-sponsored
United Nations programme on HIV/AIDS and on the status of the guidelines
mentioned in paragraph 12.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XI.]
1995/45. Human rights and unilateral coercive measures
The Commission on Human Rights,
Recalling the principles set forth in the Charter of the United Nations,
Recalling also General Assembly resolution 2625 (XXV) of 24 October 1970
containing the Declaration on the Principles of International Law concerning
Friendly Relations and Cooperation among States in accordance with the Charter
of the United Nations,
Reaffirming General Assembly resolution 32/81 (XXIX) of 12 December 1974
containing the Charter of Economic Rights and Duties of States, in particular
its article 32 which declares that no State may use or encourage the use of
economic, political or any other type of measures to coerce another State in
order to obtain from it the subordination of the exercise of its sovereign
rights,
Reaffirming also the Vienna Declaration and Programme of Action
(A/CONF.157/23) adopted by the World Conference on Human Rights on
25 June 1993, in particular, part I, paragraph 31 relating to the kind of
measures referred to in the present resolution,
Stressing its resolution 1994/47 of 4 March 1994,
Gravely concerned that the use of unilateral coercive measures adversely
affects the socio-humanitarian activities of developing countries and that, in
some cases, intensification of such measures has taken place recently,
hindering the acquisition of essential goods, and has a negative effect on the
full enjoyment of all human rights,
Taking note of the report submitted by the Secretary-General pursuant to
its resolution 1994/47 (E/CN.4/1995/43),
1. Calls upon the international community to reject the use by some
countries of unilateral coercive measures which are in clear contradiction
E/CN.4/1995/L.11/Add.3
page 10
with international law against developing countries with the purpose of
exerting, directly or indirectly, coercion on the sovereign decisions of the
countries subject to those measures;
2. Reaffirms that the implementation of such measures or their
intensification as a means to exercise political, economic or social pressure
against developing countries prevents the full realization of all human rights
by the people subject to those measures, particularly children, women and
elderly people;
3. Requests all States to refrain from adopting any unilateral
coercive measures which are in clear contradiction with international law and
the Charter of the United Nations and creates obstacles to trade relations
among States and impedes the full realization of the rights set forth in the
Universal Declaration of Human Rights and other international human rights
instruments, in particular the right of everyone to a standard of living
adequate for their health and well-being, including food and medical care,
housing and the necessary social services;
4. Rejects the fact that some countries using their predominant
position in the world economy continue to intensify the adoption of unilateral
coercive measures against developing countries which are in clear
contradiction with international law, such as trade restrictions, blockades,
embargoes, freezing of assets, with the purpose of preventing those countries
from exercising their right fully to determine their political, economic and
social system;
5. Reaffirms the right of peoples to self-determination and to dispose
of their natural wealth and resources without foreign pressure, and that in no
case may a people be deprived of its basic means of subsistence;
6. Also reaffirms that essential goods, in particular food and
medicines, should not be used as a tool for political pressure;
7. Stresses that the Working Group on the Right to Development
identified the adoption of unilateral coercive measures as one of the
obstacles to the implementation of the Declaration on the Right to
Development;
8. Considers that the adoption or intensification of unilateral
coercive measures constitutes a violation of the human rights of peoples;
9. Requests the Secretary-General to submit, in consultation with
Governments and specialized agencies, as well as with intergovernmental and
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non-governmental organizations, a report to the Commission on Human Rights at
its fifty-second session on the coercive measures unilaterally implemented
against developing countries hindering the full realization of all rights set
forth in the Universal Declaration of Human Rights and other international
human rights instruments, in particular the right of peoples to a minimum
standard of living and development;
10. Decides to consider this issue, as a matter of high priority, at
its fifty-second session.
53rd meeting
3 March 1995
[Adopted by a roll-call vote of 24 votes to 17, with
12 abstentions. See chap. XI.]
1995/46. Regional arrangements for the promotion
and protection of human rights
The Commission on Human Rights,
Recalling General Assembly resolution 32/127 of 16 December 1977 and all
subsequent resolutions of the Assembly concerning regional arrangements for
the promotion and protection of human rights, including resolution 49/189 of
23 December 1994,
Recalling its resolution 1993/51 of 9 March 1993, in which it requested
the Secretary-General to submit to the Commission at its fifty-first session a
report on the state of regional arrangements for the promotion and protection
of human rights and to include therein the result of action taken in pursuance
of the resolution,
Recalling its resolutions concerning advisory services in the field of
human rights, including its most recent resolution on that subject, 1994/69 of
9 March 1994,
Reaffirming that regional arrangements play a fundamental role in
promoting and protecting human rights and should reinforce universal human
rights standards, as contained in international human rights instruments, and
their protection,
Bearing in mind the Vienna Declaration and Programme of Action
(A/CONF.157/23) adopted at the World Conference on Human Rights,
Recalling that the World Conference on Human Rights reiterated the need
to consider the possibility of establishing regional and subregional
arrangements for the promotion and protection of human rights where they do
not already exist,
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page 12
Recalling also that it recommended that more resources should be made
available for the strengthening or the establishment of regional arrangements
for the promotion and protection of human rights under the programmes of
advisory services and technical assistance of the Centre for Human Rights,
Noting the progress achieved so far in the promotion and protection of
human rights at the regional level under the auspices of the United Nations,
the specialized agencies and the regional intergovernmental organizations,
Having considered the report of the Secretary-General on regional
arrangements for the promotion and protection of human rights
(E/CN.4/1995/51),
1. Takes note of the report of the Secretary-General (E/CN.4/1995/51);
2. Welcomes the efforts of the High Commissioner for Human Rights to
strengthen cooperation with all regional organizations and to initiate a
dialogue with States and non-governmental organizations in order to develop or
establish regional arrangements in the field of human rights;
3. Also welcomes the participation of the High Commissioner in the
tripartite meeting of the Council of Europe, the Conference on Security and
Cooperation in Europe and Geneva-based United Nations programmes, held on
1 September 1994;
4. Further welcomes the continuing cooperation and assistance of the
Centre for Human Rights of the United Nations Secretariat in further
strengthening the existing regional arrangements and regional machinery for
the promotion and protection of human rights;
5. Welcomes in that respect the close cooperation given by the Centre
for Human Rights in the organization of regional and subregional training
courses and workshops in the field of human rights, aimed at creating greater
understanding for the promotion and protection of human rights issues in the
regions and at improving procedures;
6. Endorses the efforts of the Centre for Human Rights to enhance
cooperation between the United Nations and regional and national institutions,
particularly with regard to advisory services and technical assistance, public
information and education in the field of human rights;
7. Stresses the importance of the programme of advisory services and
technical assistance in the field of human rights of the Centre, and renews
its appeal to all Governments to consider making use of the possibilities
offered by the United Nations, under this programme, of organizing information
E/CN.4/1995/L.11/Add.3
page 13
and/or training courses at the national level for government personnel on the
application of international human rights standards and the experience of
relevant international bodies;
8. Requests the Secretary-General, as foreseen in the medium-term plan
for the period 1992-1997, to continue to strengthen exchanges between the
United Nations and regional intergovernmental organizations dealing with human
rights;
9. Invites States in areas where regional arrangements in the field of
human rights do not yet exist to consider concluding arrangements with a view
to the establishment within their respective regions of suitable regional
machinery for the promotion and protection of human rights;
10. Invites the treaty bodies of the major international human rights
instruments to explore ways to increase the exchange of information and
cooperation with regional human rights mechanisms;
11. Requests the Secretary-General to submit to the Commission, at its
fifty-third session, a report on the state of regional arrangements for the
promotion and protection of human rights, to formulate concrete proposals and
recommendations on the ways and means to strengthen the cooperation between
the United Nations and regional arrangements in the field of human rights and
to include the results of action taken in pursuance of the present resolution;
12. Decides to consider the question further at its fifty-third session
under the agenda item entitled "Further promotion and encouragement of human
rights and fundamental freedoms, including the question of the programme and
methods of work of the Commission".
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XI.]
1995/47. Decade for Human Rights Education
The Commission on Human Rights,
Guided by the fundamental and universal principles enshrined in the
Charter of the United Nations and the Universal Declaration of Human Rights,
Reaffirming article 26 of the Universal Declaration of Human Rights, in
accordance with which education shall be directed to the full development of
the human personality and to the strengthening of respect for human rights and
fundamental freedoms,
E/CN.4/1995/L.11/Add.3
page 14
Recalling the provisions of other international human rights instruments,
such as those of article 13 of the International Covenant on Economic, Social
and Cultural Rights and article 28 of the Convention on the Rights of the
Child, that reflect the aims of the aforementioned article,
Convinced that human rights education, both formal and non-formal, should
involve more than the provision of information and should constitute a
comprehensive life-long process by which people at all levels of development
and in all strata of society learn respect for the dignity of others and the
means and methods of ensuring that respect in all societies,
Convinced also that human rights education contributes to a concept of
development consistent with the dignity of women and men of all ages which
takes into account the diverse segments of society, such as children,
indigenous people, minorities and disabled persons,
Noting that human rights education is one of the six major elements of
the Vienna Declaration and Programme of Action (A/CONF.157/23) adopted by the
World Conference on Human Rights in June 1993,
Bearing in mind the report of the Secretary-General on human rights
education, submitted to the General Assembly in accordance with the
request contained in Assembly resolution 48/127 of 21 December 1993
(A/49/261 and Add.1),
Considering General Assembly resolution 49/184 of 23 December 1994, in
which the Assembly proclaimed the 10-year period beginning on 1 January 1995
the United Nations Decade for Human Rights Education and welcomed the Plan of
Action for the United Nations Decade for Human Rights Education, 1995-2000, as
contained in the report of the Secretary-General,
Believing that human rights education is a key element in helping each
woman, man and child to realize their full human potential and to make them
aware of all their human rights,
Believing also that human rights education constitutes an important
vehicle for the elimination of gender-based discrimination and ensuring equal
opportunities through the promotion and protection of the human rights of
women,
Recalling that it is the responsibility of the High Commissioner for
Human Rights to coordinate relevant United Nations education and public
information programmes in the field of human rights, and also to coordinate
the implementation of the Plan of Action,
E/CN.4/1995/L.11/Add.3
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Taking note of the report of the High Commissioner for Human Rights to
the General Assembly, in which he declared that human rights education was
essential for encouragement of harmonious intercommunity relations, for mutual
tolerance and understanding and finally for peace (A/49/36, para. 94),
1. Calls upon all Governments to contribute, in cooperation with
non-governmental organizations, educators and the media, to the implementation
of the Plan of Action for the United Nations Decade for Human Rights
Education, 1995-2000 and in particular to consider, in accordance with
national conditions, the establishment of a national focal point for human
rights education, the development and implementation of an action-oriented
national plan for human rights education and the creation of a national
resource and training centre for human rights education, as foreseen in the
Plan of Action;
2. Invites Governments to transmit to the High Commissioner for Human
Rights comments with a view to supplementing the Plan of Action, and requests
the High Commissioner to submit to the Commission at its fifty-second session
his proposals for supplementing the Plan of Action, taking into account the
views submitted by Governments;
3. Requests the High Commissioner to coordinate the implementation of
the Plan of Action and to carry out the other tasks enumerated therein;
4. Also requests the High Commissioner for Human Rights, with the
assistance of the Centre for Human Rights and in cooperation with the
United Nations Educational, Scientific and Cultural Organization, to carry out
the survey of human rights education and prepare the preliminary report
provided for in the Plan of Action as soon as possible and to convene, at the
appropriate time, the international planning conference for the Decade;
5. Requests the Centre for Human Rights, in cooperation with Member
States, human rights treaty-monitoring bodies, other appropriate bodies and
competent non-governmental organizations, to support efforts by the High
Commissioner for Human Rights in the implementation of the Plan of Action;
6. Requests the Secretary-General to consider the possibility of
establishing a voluntary fund within the Office of the High Commissioner for
Human Rights to be used in the implementation of the Plan of Action of the
Decade for Human Rights Education with special emphasis on support for the
human rights education activities of non-governmental organizations;
E/CN.4/1995/L.11/Add.3
page 16
7. Requests the existing human rights monitoring bodies to place
emphasis on the implementation by Member States of their international
obligation to promote human rights education;
8. Invites all relevant specialized agencies, in particular the
United Nations Educational, Scientific and Cultural Organization and the
International Labour Organization, and United Nations programmes, especially
the United Nations Children’s Fund, to contribute, within their respective
spheres of competence, to the implementation of the Decade for Human Rights
Education;
9. Calls upon international, regional and national non-governmental
organizations, in particular those concerned with women, labour, development
and the environment, as well as all other social justice groups, human rights
advocates, educators, religious organizations and the media, to increase their
involvement in formal and non-formal education in human rights and to
cooperate with the Centre for Human Rights in implementing the Plan of Action;
10. Decides to consider the question of human rights education under
item 11 of its agenda, beginning with its fifty-second session.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XI.]
1995/48. Regional arrangements for the promotion and protection
of human rights in the Asian and Pacific region
The Commission on Human Rights,
Recalling that the General Assembly, in its resolutions 41/153 of
4 December 1986, 43/140 of 8 December 1988 and 45/168 of 18 December 1990,
affirmed the value of regional arrangements for the promotion and protection
of human rights in the Asian and Pacific region,
Recalling also its own resolutions 1988/73 of 10 March 1988, 1989/50 of
7 March 1989, 1990/71 of 7 March 1990, 1991/28 of 5 March 1991, 1992/40 of
28 February 1992, 1993/57 of 9 March 1993 and 1994/48 of 4 March 1994,
Recalling further that the World Conference on Human Rights, in the
Vienna Declaration and Programme of Action (A/CONF.157/23), emphasized that
regional arrangements played a fundamental role in promoting and protecting
human rights,
Taking note of resolution 45/2 adopted by the Economic and Social
Commission for Asia and the Pacific on 5 April 1989,
E/CN.4/1995/L.11/Add.3
page 17
Bearing in mind that intergovernmental arrangements for the promotion and
protection of human rights have been established in other regions,
Welcoming the holding of the Colloquium on Human Rights at Manila on 16
and 17 January 1994, the first in a series of workshops to be organized by the
ASEAN Institute of Strategic and International Studies, intended, inter alia,
to facilitate the process of developing a subregional human rights body for
the promotion and protection of human rights in the ASEAN countries, in
fulfilment of the decision of the Association to consider the establishment of
an appropriate mechanism on human rights,
Recognizing the valuable contribution that independent national
institutions can make in the field of human rights to the concept of regional
arrangements,
Recognizing also that non-governmental organizations involved in the
field of human rights have an important role to play in this process,
Recalling the contribution made by the third Workshop for the Asia and
Pacific Region on Human Rights Issues, held at Seoul from 18 to 20 July 1994,
particularly its Chairman’s concluding remarks,
Recalling also that the accomplishments of the 1994 Seoul Workshop were
built upon the consensus achieved at the 1993 Jakarta Workshop,
1. Welcomes the report of the Secretary-General (E/CN.4/1995/44) and
the progress achieved in the implementation of Commission on Human Rights
resolution 1994/48 of 4 March 1994;
2. Encourages all States members and associate members of the Economic
and Social Commission for Asia and the Pacific and other parties to make full
use of the depositary centre of that Commission, and requests the
Secretary-General to maintain a continuing flow of human rights materials to
its library;
3. Welcomes the regional workshops on various human rights issues
which have been held in the Asian and Pacific region, starting with the first
Workshop for the Asia and Pacific Region on Human Rights Issues, held at
Manila from 7 to 11 May 1990, the second Workshop, held at Jakarta from 26
to 28 January 1993, and the third Workshop, held at Seoul from 18
to 20 July 1994, which focused, inter alia, on national institutions and
regional arrangements for the promotion and protection of human rights;
4. Also welcomes the establishment of national commissions for human
rights by the Governments of India and Indonesia;
E/CN.4/1995/L.11/Add.3
page 18
5. Further welcomes the decisions concerning and the preparatory steps
taken towards the establishment of national institutions for the promotion
and protection of human rights by the Governments of Nepal, Pakistan,
Papua New Guinea, Sri Lanka and Thailand;
6. Endorses the substantive conclusions of the third Workshop for the
Asia and Pacific Region on Human Rights Issues, contained in its Chairman’s
concluding remarks, inter alia, that such workshops should be organized
regularly, as proposed by the Government of the Republic of Korea, and if
possible annually, with a view to facilitating the exchange of ideas and
information regarding matters of common interest in the field of human rights
in the Asian and Pacific region;
7. Requests the Secretary-General to facilitate the realization of
that activity under the regular budget for advisory services and technical
assistance;
8. Notes that Asian and Pacific countries have developed a number of
models of national institutions in accordance with their own national
conditions;
9. Appeals to all Governments in the Asian and Pacific region to
consider making use of the facilities offered by the United Nations to
organize, under the programme of advisory services and technical assistance
for the promotion and protection of human rights, information and/or training
courses at the national or regional level for appropriate government personnel
on the application of international human rights standards and the experience
of relevant national and international organs;
10. Requests the Secretary-General to give adequate attention to the
countries in the Asian and Pacific region by allocating more resources from
existing United Nations funds to enable the countries of the region to benefit
from all the activities under the programme of advisory services and technical
assistance in the field of human rights;
11. Calls upon the Centre for Human Rights to provide specific
information on programmes available under the Voluntary Fund for Technical
Cooperation in the Field of Human Rights, to facilitate better access to and
fuller utilizations of those programmes by all countries in the Asian and
Pacific region;
E/CN.4/1995/L.11/Add.3
page 19
12. Encourages States in the Asian and Pacific region to request
assistance for such purposes as regional and subregional workshops, seminars
and information exchanges designed to strengthen regional cooperation for the
promotion and protection of human rights;
13. Also encourages all States in the Asian and Pacific region to
consider ratifying and acceding to international human rights instruments
adopted within the framework of the United Nations system, with the aim of
universal acceptance;
14. Further encourages all States and regional and subregional
organizations in the Asian and Pacific region to develop programmes for human
rights education in that region;
15. Requests the Secretary-General to submit to the Commission at its
fifty-second session a further report incorporating information on the
progress achieved in the implementation of the present resolution;
16. Decides to continue its consideration of the question at its
fifty-second session under the agenda item entitled "Further promotion and
encouragement of human rights and fundamental freedoms, including the question
of the programme and methods of work of the Commission".
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XI.]
1995/49. Development of public information activities in the field
of human rights, including the World Public Information
Campaign for Human Rights
The Commission on Human Rights,
Reaffirming that activities to improve public knowledge in the field of
human rights are essential to the fulfilment of the principles and purposes of
the United Nations set out in Article 1, paragraph 3, of the Charter of the
United Nations, and that carefully designed programmes of teaching, education
and information are essential to the achievement of lasting respect for human
rights and fundamental freedoms,
Recalling previous General Assembly and its own resolutions on this
subject,
Recognizing the significant effect of United Nations initiatives on
public information activities in the field of human rights,
Taking note of the valuable role that non-governmental organizations can
play in this endeavour,
E/CN.4/1995/L.11/Add.3
page 20
Believing that the World Public Information Campaign for Human Rights is
a valuable complement to the activities of the United Nations aimed at the
further promotion and protection of human rights, and recalling the importance
attached by the World Conference on Human Rights to strengthening the World
Campaign,
1. Takes note of the report of the Secretary-General on the
development of public information activities in the field of human rights,
including the World Public Information Campaign for Human Rights
(E/CN.4/1995/46 and Add.1);
2. Appreciates the measures taken by the Department of Public
Information and the Centre for Human Rights to ensure the further production
and effective dissemination of human rights information materials in regional
and local languages, in cooperation with regional, national and local
organizations, as well as with Governments, in particular as a component of
the technical assistance projects of the Centre for Human Rights, and
encourages the Secretary-General to ensure the widest possible dissemination
of the Vienna Declaration and Programme of Action and of information on its
follow-up activities;
3. Urges the Centre for Human Rights, in cooperation with the
Department of Public Information, to finalize its comprehensive review of the
programme of information and publications in the field of human rights,
including the elaboration of a new information strategy and to make an
assessment of the effectiveness of this programme, and to present a detailed
report on this issue for the consideration of the Commission at its
fifty-third session;
4. Encourages the Centre to continue the development of training
courses and materials, including targeted training manuals for professional
audiences, as described in the report of the Secretary-General;
5. Takes note of the efforts of the Department of Public Information
with respect to computer-accessible information on all aspects of human rights
and of the Centre for Human Rights to establish a database for the promotion
of all aspects of human rights;
6. Urges the Department of Public Information, in cooperation with the
Centre for Human Rights, to utilize more fully and effectively United Nations
information centres for the purpose of timely dissemination, within their
designated areas of activity, of basic information and reference materials on
E/CN.4/1995/L.11/Add.3
page 21
human rights and fundamental freedoms, including the reports of States parties
to treaty-monitoring bodies, and, to this end, to ensure that United Nations
information centres are supplied with adequate quantities of those materials,
both in the official languages of the United Nations and in the relevant
national languages;
7. Urges the Department of Public Information to make full use of
resources available for this purpose to produce factual information materials
on all aspects of human rights in all regions;
8. Requests the Secretary-General to take advantage as much as
possible of the collaboration of non-governmental organizations in the
implementation of the World Public Information Campaign, including in the
dissemination of human rights materials;
9. Encourages all Member States to make special efforts to provide,
facilitate and promote publicity for the activities of the United Nations in
the field of human rights, to accord priority to the dissemination in their
respective national and local languages of the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other international
instruments and to provide information and education on the practical ways in
which the rights and freedoms enjoyed under these instruments can be
exercised;
10. Supports the recommendation contained in the Vienna Declaration and
Programme of Action (A/CONF.157/23) adopted by the World Conference on Human
Rights that Member States develop specific programmes and strategies for
ensuring the widest human rights education and the dissemination of public
information, taking particular account of the human rights needs of women, and
encourages Member States, in drawing up national action plans for the
promotion and protection of human rights, to include broad-based education and
public information programmes on human rights;
11. Calls upon the High Commissioner for Human Rights to coordinate and
harmonize human rights information strategies within the United Nations
system;
12. Requests the High Commissioner for Human Rights to ensure close
cooperation between the Centre for Human Rights and the Department of Public
Information in the implementation of the aims established for the World Public
Information Campaign for Human Rights and coordination with the United Nations
Educational, Scientific and Cultural Organization regarding education for
E/CN.4/1995/L.11/Add.3
page 22
human rights, taking into account the launching by the United Nations
General Assembly of the United Nations Decade for Human Rights Education;
13. Requests the Secretary-General to consider making available
adequate resources from within the regular budget of the United Nations in
order to allow the Centre to implement fully its publications programme, as
part of his efforts towards strengthening the Centre for Human Rights,
implementing the Vienna Declaration and Programme of Action and supporting the
High Commissioner for Human Rights in his coordinating role;
14. Also requests the Secretary-General to submit to the Commission, at
its fifty-third session, a report on public information activities, with
special emphasis on the activities of the World Public Information Campaign
for Human Rights, including information on expenditures incurred in the
biennium 1994-1995 and those envisaged for future activities and other
questions raised in the present resolution;
15. Decides to continue its consideration of the question at its
fifty-third session under the agenda item entitled "Further promotion and
encouragement of human rights and fundamental freedoms, including the question
of the programme and methods of work of the Commission".
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XI.]
1995/50. National institutions for the promotion and
protection of human rights
The Commission on Human Rights,
Recalling relevant resolutions of the General Assembly and its own
relevant resolutions concerning national institutions for the promotion and
protection of human rights, notably Assembly resolution 48/134 of
20 December 1993 and Commission on Human Rights resolution 1994/54 of
4 March 1994,
Stressing the importance of the Universal Declaration of Human Rights,
the International Covenants on Human Rights and other international
instruments for promoting respect for, and observance of, human rights and
fundamental freedoms,
Affirming that priority should be accorded to the development of
appropriate arrangements to ensure the effective implementation of
international human rights instruments,
E/CN.4/1995/L.11/Add.3
page 23
Convinced of the important role national institutions play in promoting
and protecting human rights and fundamental freedoms and in developing and
enhancing public awareness of those rights and freedoms,
Recognizing that the United Nations has played and should continue to
play an important role in assisting the development of national institutions,
Recalling that, in General Assembly resolution 48/134, the Assembly
welcomed the Principles relating to the status of national institutions,
annexed to that resolution,
Welcoming the growing interest shown worldwide in the creation and
strengthening of independent and pluralistic national institutions expressed
during the regional preparatory meetings for the World Conference on Human
Rights and at the Conference itself, held at Vienna from 14 to 25 June 1993,
as well as at the various international meetings of national institutions for
the promotion and protection of human rights held since 1991,
Welcoming also the decision, announced recently by several States, to
establish, or consider establishing, independent national institutions for the
promotion and protection of human rights,
Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23),
adopted by the World Conference on Human Rights, in which was reaffirmed the
important constructive role played by national institutions for the promotion
and protection of human rights, in particular in their advisory capacity to
the competent authorities, their role in remedying human rights violations,
and in the dissemination of human rights information and education concerning
human rights,
Noting in particular that the World Conference urged Governments to
strengthen national institutions which play a role in promoting and
safeguarding human rights,
Recalling that, at the World Conference on Human Rights, representatives
of national institutions which attended as observers played a positive and
constructive role in the deliberations of the Conference,
Noting with satisfaction the constructive participation of
representatives of a number of national institutions for the promotion and
protection of human rights in international seminars and workshops organized
or sponsored by the United Nations and its Member States and in other
United Nations activities,
E/CN.4/1995/L.11/Add.3
page 24
1. Reaffirms the importance of the development of effective,
independent and pluralistic national institutions for the promotion and
protection of human rights in keeping with the Principles relating to the
status of national institutions annexed to General Assembly resolution 48/134
of 20 December 1993;
2. Encourages all Member States to take appropriate steps to promote
the exchange, including by national institutions, of information and
experience concerning the establishment and operation of such national
institutions;
3. Also encourages Member States to establish or, where they already
exist, to strengthen national institutions for the promotion and protection of
human rights, as outlined in the Vienna Declaration and Programme of Action,
and, where appropriate, to incorporate those elements in national development
plans or in their preparation of national action plans;
4. Emphasizes in this regard the need to disseminate the Principles
relating to the status of national institutions, annexed to General Assembly
resolution 48/134, as widely as possible, and calls upon the Secretary-General
to undertake this task;
5. Affirms the role of national institutions, where they exist, as
appropriate agencies for the dissemination of human rights materials and other
public information activities under the auspices of the United Nations;
6. Welcomes the proposal to convene the third International Workshop
of National Institutions for the Promotion and Protection of Human Rights at
Manila from 18 to 21 April 1995;
7. Requests the Secretary-General to give a high priority to requests
from Member States for assistance in the establishment and strengthening of
national institutions for the promotion and protection of human rights as part
of the programme of advisory services and technical assistance in the field of
human rights;
8. Takes note of the role of the Coordinating Committee created by
national institutions at the second International Workshop on National
Institutions for the Promotion and Protection of Human Rights, held at Tunis
from 13 to 17 December 1993, in close cooperation with the Centre for Human
Rights, to assist Governments and institutions, when requested, to follow up
E/CN.4/1995/L.11/Add.3
page 25
on relevant resolutions and recommendations concerning the strengthening of
national institutions and to hold meetings under the auspices of and in
cooperation with the Centre for Human Rights;
9. Requests the Secretary-General to take measures to ensure that
national institutions are informed effectively, including through diplomatic
channels, about the activities of the Centre for Human Rights involving
national institutions;
10. Requests the Centre for Human Rights, with the assistance of
national institutions and their Coordinating Committee, to provide technical
assistance for States wishing to establish or strengthen their national
institutions and to organize training programmes for national institutions
which request them, and invites Governments to contribute additional funds to
the Voluntary Fund for the Technical Cooperation in the Field of Human Rights
for these purposes;
11. Takes note of the report of the Secretary-General concerning
possible forms of participation by national institutions in United Nations
meetings dealing with human rights (E/CN.4/1995/48);
12. Notes the importance of finding an appropriate form of
participation by national institutions in relevant United Nations meetings
dealing with human rights;
13. Requests the Secretary-General to invite Member States which have
not yet done so to inform him of their views concerning possible forms of
participation by national institutions in United Nations meetings dealing with
human rights, and invites the Secretary-General to include this information in
his report to the Commission at its fifty-second session;
14. Recognizes the important and constructive role that
non-governmental organizations may play, in cooperation with national
institutions, for the better promotion and protection of human rights;
15. Requests the Secretary-General to report to the Commission at its
fifty-second session on the implementation of the present resolution;
16. Decides to continue its consideration of this question at its
fifty-second session.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XI.]
E/CN.4/1995/L.11/Add.3
page 26
1995/51. Assistance to Guatemala in the field of human rights
The Commission on Human Rights,
Guided by the principles embodied in the Charter of the United Nations,
the Universal Declaration of Human Rights and the International Covenants on
Human Rights,
Reiterating that the Governments of all Member States have an obligation
to promote and protect human rights and fundamental freedoms, even under
exceptional circumstances,
Recalling its resolution 1994/58 of 4 March 1994,
Taking into account Sub-Commission on Prevention of Discrimination and
Protection of Minorities resolution 1994/23 of 25 August 1994,
Having considered the reports of the Special Rapporteur on the question
of torture (E/CN.4/1995/34), the Working Group on Enforced or Involuntary
Disappearances (E/CN.4/1995/36) and the Special Rapporteur on extrajudicial,
summary or arbitrary executions (E/CN.4/1995/61 and Add.1),
Having considered also the report of the independent expert,
Mrs. Mónica Pinto (E/CN.4/1995/15), and studied the conclusions and
recommendations contained therein,
Taking into account the fact that the continuation of the internal armed
conflict is a factor affecting the human rights situation in Guatemala,
Taking note of the legal and institutional reforms introduced by the
Government with a view to combating impunity and guaranteeing full enjoyment
of human rights and fundamental freedoms for everyone in Guatemala,
Concerned nevertheless by the fact that, despite those reforms, there
continue to be serious human rights violations in Guatemala, attributed mainly
to members of the armed forces and security forces and to the so-called
voluntary civil self-defence committees,
Concerned also by the fact that situations of impunity continue to exist
and that, in cases of human rights violations, there has not been sufficient
progress in the investigations and/or judicial proceedings,
Regretting the human rights violations, marginalization and centuries-old
discrimination that have been suffered by the indigenous populations in
Guatemala,
Considering that the economic and social situation continues to have
serious consequences for the great majority of the population, particularly
E/CN.4/1995/L.11/Add.3
page 27
for the indigenous populations and the most vulnerable sectors of Guatemalan
society, such as displaced persons, elderly persons, women and children,
Taking note of the establishment of the Guatemalan National Indigenous
Fund with the aim of supporting and reinforcing the process of human
development of the indigenous populations,
Taking note with satisfaction of the Framework Agreement for the
resumption of the peace negotiations between the Government of Guatemala and
the Unidad Revolucionaria Nacional Guatemalteca, signed at Mexico City on
10 January 1994, and of the other agreements reached within the process of
peace negotiations, particularly the Comprehensive Agreement on Human Rights
signed at Mexico City on 29 March 1994, the Agreement on Resettlement of the
Population Groups Uprooted by the Armed Conflict, signed at Oslo on
17 June 1994, and the Agreement on the Establishment of the Commission to
Clarify Past Human Rights Violations and Acts of Violence that Have Caused the
Guatemalan Population to Suffer, signed at Oslo on 23 June 1994,
Recognizing the importance of the establishment, on 21 November 1994, of
the United Nations Mission for the Verification of Human Rights and of
Compliance with the Commitments of the Comprehensive Agreement on Human Rights
in Guatemala (MINUGUA), in accordance with General Assembly resolution 48/267
of 19 September 1994,
Taking note of the establishment of the Technical Commission provided for
in the Agreement on Resettlement of the Population Groups Uprooted by the
Armed Conflict, in which representatives of the groups affected participate,
and of the resettlement of some groups of internally displaced persons that
has already taken place,
Taking note also of the continuation of the process of voluntary return
of refugees initiated in 1993,
Concerned by the suspension of the peace negotiations between the
Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca,
which has induced the Secretary-General of the United Nations to urge a
resumption of the process and a prompt cease-fire and to submit proposals to
that end,
Expressing the hope that the will shown by the Government and by the
Unidad Revolucionaria Nacional Guatemalteca will lead to the reactivation of
E/CN.4/1995/L.11/Add.3
page 28
the process, the signing of agreements on all pending subjects, a prompt end
to the internal armed conflict and the establishment of a firm and lasting
peace,
Recognizing the importance of the role played by the representative of
the Secretary-General as moderator in these negotiations, of the participation
of the Group of Friendly Countries composed of Colombia, Mexico, Norway,
Spain, the United States of America and Venezuela, and of the valuable
contributions of the Civil-Society Assembly, on the terms established in the
Framework Agreement,
Considering that it is necessary for the international community to
continue to keep the human rights situation in Guatemala under review and to
provide advisory services in the field of human rights, as well as technical
and financial assistance, with the aim of promoting full respect for human
rights and fundamental freedoms and supporting the efforts of the Government
and people of Guatemala to that end,
1. Takes note with appreciation of the report of the independent
expert (E/CN.4/1995/15) and the conclusions and recommendations contained
therein;
2. Expresses its gratitude to the Government of Guatemala for the
facilities and cooperation afforded to the independent expert in the
fulfilment of her mandate;
3. Recognizes the efforts made by the Government of Guatemala and
encourages it to apply the necessary urgent measures to consolidate democratic
institutions and to promote and protect human rights and fundamental freedoms,
taking into account the recommendations of the independent expert and the
contributions of MINUGUA;
4. Regrets that, notwithstanding these efforts, serious violations of
human rights persist, particularly violations of the right to life and threats
and intimidation against the physical integrity of individuals;
5. Urges both parties to respect the applicable rules of international
humanitarian law in the internal armed conflict and to refrain from any
activities that may endanger the rights of the great majority of Guatemalans
who are not involved in this conflict and affect the physical security of the
civilian population and that of their property;
E/CN.4/1995/L.11/Add.3
page 29
6. Exhorts the Government of Guatemala to continue to adopt and apply
the necessary legal and political measures to strengthen the independence of
the judiciary and respect for its decisions;
7. Also exhorts the Government of Guatemala to intensify
investigations enabling all those responsible for violations of human rights
to be identified and brought to justice, to provide compensation for the
victims of such violations within a legal framework, to ensure that the
judicial system can operate with due protection being afforded to judges,
investigators, witnesses and relatives of victims, and to facilitate the
activities of organizations, both official and non-governmental, concerned
with the promotion and protection of human rights;
8. Further exhorts the Government of Guatemala, within the framework
of its general human rights policy, to continue to apply the independent
expert’s recommendations, in particular those relating to a police system
answerable to the civilian authorities and, in accordance with the criteria
established in the peace negotiations, to the abolition of the system of
voluntary civil self-defence committees;
9. Notes with satisfaction the decision of the Government of Guatemala
to suspend forcible military recruitment while the Congress of the Republic
adopts at the earliest possible date the law regulating the performance of
military service and definitively eliminating arbitrary recruitment practices;
10. Again appeals to the Government of Guatemala to ensure that all
authorities, including the armed forces and security forces, fully respect the
human rights and fundamental freedoms of the Guatemalan people, and welcomes
the inclusion, in the curricula and training programmes for personnel of the
armed forces and security forces, of the constitutional provisions and the
international commitments undertaken by the Government of Guatemala in the
field of human rights;
11. Takes note of the legal and institutional reforms which the
Government of Guatemala has introduced in the system for the administration of
justice in order to put an end to violence and impunity, including the entry
into force of the new Code of Criminal Procedure, and encourages it to pay
particular attention to the legal standards guaranteeing the rights and
freedoms of the indigenous populations and the most vulnerable sectors of
society;
E/CN.4/1995/L.11/Add.3
page 30
12. Expresses its conviction that the pre-eminence of civilian
authority in the national decision-making process is an indispensable
condition for the consolidation of the rule of law and the full realization of
human rights, and invites the Government to take into account the independent
expert’s recommendations to that end;
13. Recognizes the positive work done in defence of human rights by the
Human Rights Procurator and exhorts the Government to give him support and to
guarantee the conditions for the strengthening of his activities, inter alia,
through the adoption of legislative measures to enable him to participate in
proceedings relating to human rights violations;
14. Encourages the Government of Guatemala to provide the requisite
facilities and adopt the necessary measures to ensure that the Presidential
Commission for Coordinating Executive Policy in the Field of Human Rights
(COPREDEH) is the focal point for the coordination of the Government’s efforts
to comply with its international commitments in the field of human rights;
15. Exhorts the Government of Guatemala to adopt concrete measures
against extreme poverty that will enable the population to attain better
living standards, giving priority to economic and social development
programmes, and to strengthen policies and programmes concerning Guatemala’s
indigenous populations, taking into account their proposals and aspirations,
together with the independent expert’s recommendations on the subject;
16. Takes note of the continuation of the refugee repatriation process,
urges the competent authorities to ensure that this process continues with
full consideration for the well-being and dignity of all affected persons,
providing the necessary facilities for their prompt resettlement, and urges
the parties concerned to comply strictly with the agreements reached on the
subject since October 1992;
17. Urges the Government of Guatemala to continue to assist the
civilian population displaced by the internal armed conflict and to facilitate
its resettlement, on the basis of the recommendations of the Technical
Commission provided for in the Agreement on Resettlement of the Population
Groups Uprooted by the Armed Conflict;
18. Invites the Government of Guatemala to consider the earliest
possible ratification of the international human rights instruments to which
E/CN.4/1995/L.11/Add.3
page 31
it is not yet a party, in particular the International Labour Organization’s
Convention No. 169 concerning indigenous and tribal peoples in independent
countries;
19. Expresses its satisfaction at the signing of the Comprehensive
Agreement on Human Rights of 29 March 1994 and the establishment of the
Mission for the Verification of Human Rights and of Compliance with the
Commitments of the Comprehensive Agreement on Human Rights in Guatemala;
20. Urges the parties to comply fully with the Comprehensive Agreement
on Human Rights and expresses its confidence that the establishment of the
United Nations Mission for Guatemala (MINUGUA) will contribute to the
improvement of the situation of the civil, political, economic, social and
cultural rights of all Guatemalans;
21. Commends the work of the representative of the Secretary-General as
moderator, the efforts of the Group of Friendly Countries to advance the peace
process in Guatemala and the valuable contributions of the Civil-Society
Assembly;
22. Urges the Government of Guatemala and the Unidad Revolucionaria
Nacional Guatemalteca to resume the negotiations as soon as possible,
including the preparation of a new timetable in order to reach agreements on
all pending items on the agenda, with the corresponding mechanisms for
verification;
23. Expresses the hope that the negotiations between the Government of
Guatemala and the Unidad Revolucionaria Nacional Guatemalteca will, in
accordance with the new timetable, lead to a prompt cease-fire and the signing
of a firm and lasting peace agreement as early as possible in 1995;
24. Requests the Secretary-General to continue to provide the
Government of Guatemala with advisory services in the field of human rights
and to develop specific programmes taking account of non-governmental
organizations;
25. Also requests the Secretary-General to extend the mandate of the
independent expert so that, taking into account the work of MINUGUA, she may
continue to examine the situation of human rights in Guatemala, provide
assistance to the Government in the field of human rights, and submit to the
Commission at its fifty-second session a report evaluating the measures taken
by the Government in accordance with the recommendations made to it;
E/CN.4/1995/L.11/Add.3
page 32
26. Decides to consider the question at its fifty-second session under
the appropriate agenda item, in the light of the report of the independent
expert on the situation of human rights in Guatemala.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XXI.]
1995/52. Situation of human rights in Togo
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of
Human Rights and the International Covenants on Human Rights,
Recalling that, under Articles 55 and 56 of the Charter of the
United Nations, all States Members of the Organization have an obligation to
promote and protect human rights and fundamental freedoms and to cooperate for
that purpose,
Bearing in mind that Togo is a party to the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and the African Charter of Human and
Peoples’ Rights,
Recalling its resolution 1994/78 of 9 March 1994 on the situation of
human rights in Togo,
Welcoming the efforts made with a view to democratization, in particular
the adoption of the Constitution of 14 October 1992, which accords high
priority to human rights, and the establishment of an independent national
human rights commission and a ministry of human rights,
Having examined the report of the Special Rapporteur on the question of
torture (E/CN.4/1995/34 and Add.1), the report of the Special Rapporteur on
extrajudicial, summary or arbitrary executions (E/CN.4/1995/61 and Add.1) and
the report of the Working Group on Enforced or Involuntary Disappearances
(E/CN.4/1995/36),
1. Takes note with interest of the report of the Secretary-General on
the situation of human rights in Togo (E/CN.4/1995/16);
2. Welcomes the fact that Togo has set out on the road to democratic
political change, and urges all Togolese to respect the outcome of the
parliamentary elections of February 1994 and to ensure the effective
functioning of the democratically elected parliament;
E/CN.4/1995/L.11/Add.3
page 33
3. Also welcomes the progress made in the field of human rights and
national reconciliation, in particular the amnesty law of December 1994 which
has permitted the release of a number of political prisoners;
4. Urges the Togolese authorities to continue to further improve the
situation of human rights;
5. Calls upon the Togolese authorities to comply fully with their
obligations under the international human rights instruments to which Togo is
a party;
6. Encourages the Togolese authorities to facilitate the participation
of the organs of society in the process of democratization, including national
institutions dealing with the promotion and protection of human rights;
7. Welcomes the forthcoming dispatch to Togo, at the request of the
Government of Togo, of an evaluation mission of the Centre for Human Rights
with a view to the elaboration of an appropriate programme of technical
assistance to strengthen the structures for the promotion and protection of
human rights in Togo, within the framework of the Centre’s programme of
advisory services and technical assistance;
8. Strongly encourages the Government of Togo to continue its
cooperation with the Centre for Human Rights through the Centre’s programme of
advisory services and technical assistance;
9. Requests the Secretary-General to submit to the Commission at its
fifty-second session, with a view to ending consideration of the question
under the agenda item entitled "Advisory services in the field of human
rights", a report on the implementation of the present resolution.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XXI.]
1995/53. Advisory services and the Voluntary Fund for Technical
Cooperation in the Field of Human Rights
The Commission on Human Rights,
Recalling General Assembly resolution 926 (X) of 14 December 1955, in
which the Assembly established the United Nations programme of advisory
services in the field of human rights, and Economic and Social Council
decision 1987/147 of 29 May 1987, pursuant to which the Secretary-General
established the Voluntary Fund for Technical Cooperation in the Field of Human
Rights, as well as the latest resolution of the Commission on Human Rights on
the subject, 1994/69 of 9 March 1994,
E/CN.4/1995/L.11/Add.3
page 34
Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23),
in which the World Conference on Human Rights called for an enhanced programme
of advisory services highlighting both the traditional fields of technical
assistance in the field of human rights and new areas of technical assistance
of which Governments may avail themselves, as summarized in the report of the
Secretary-General (E/CN.4/1995/89 and Add.1),
Mindful of the responsibilities of the High Commissioner for Human Rights
set out in General Assembly resolution 48/141 of 20 December 1993, in
particular that of providing, through the Centre for Human Rights and other
appropriate institutions, advisory services and technical assistance, at the
request of the State concerned and, where appropriate, the regional human
rights organizations, with a view to supporting actions and programmes in the
field of human rights, and of coordinating the human rights promotion and
protection activities throughout the United Nations system,
Encouraging all States in need of assistance in the field of human rights
to consider making use of the advisory services and technical cooperation
being offered on a bilateral, regional or international level, provided by the
Centre for Human Rights or other relevant bodies involved in the field of
human rights within the United Nations system or by national institutions or
non-governmental organizations, in order to achieve the full enjoyment of all
human rights,
Welcoming the activities undertaken by the High Commissioner for Human
Rights, in fulfilment of his mandate, to provide advisory services to
countries at their request, as reflected in his report to the Commission on
Human Rights (E/CN.4/1995/98),
Emphasizing the importance of the development of assistance in the field
of human rights, including through the assignment of human rights field
officers, to countries in transition or in reconstruction after situations of
armed conflict or internal disturbance, with the consent of the Government
concerned,
Convinced of the need for the Secretary-General and the High Commissioner
for Human Rights to intensify efforts to coordinate system-wide advisory
services and technical assistance in the field of human rights through
flexible and active inter-agency collaboration,
E/CN.4/1995/L.11/Add.3
page 35
Convinced also of the need for the Centre for Human Rights to assume the
functions of focal point and clearing-house for inter-agency coordination on
human rights issues with other organizations of the United Nations system,
Reaffirming that within the common context of the comprehensive programme
of advisory services and technical cooperation, a clear distinction should be
made between technical cooperation projects financed under the Voluntary Fund
for Technical Cooperation in the Field of Human Rights and activities under
the regular budget of the United Nations, while at the same time close
coordination between these activities should be ensured,
Reaffirming also that the provision of advisory services and technical
cooperation activities may be seen as a complement to, but not a substitute
for, the monitoring and investigating activities of the human rights programme
and that their provision does not reduce a Government’s responsibility for
accountability on the human rights situation and, whenever applicable, would
not exempt it from monitoring through the various procedures established by
the United Nations,
Taking note with appreciation of the report of the Secretary-General on
advisory services in the field of human rights, including the Voluntary Fund
for Technical Cooperation in the Field of Human Rights (E/CN.4/1995/89), as
well as of the report of the Board of Trustees of the Voluntary Fund for
Technical Cooperation in the Field of Human Rights (E/CN.4/1995/89/Add.1),
1. Reaffirms that the programme of advisory services in the field of
human rights should continue to provide, at the request of Governments and,
where appropriate, with the cooperation of the specialized agencies,
inter alia, assistance in the form of advisory services of experts,
fellowships and scholarships, seminars and training courses at the regional
and national levels and the drafting of basic legal texts in conformity with
international conventions on human rights with a view to enhancing the rule of
law and democracy;
2. Calls upon the Secretary-General to implement all activities under
the programme of advisory services on the basis of clearly defined objectives
and themes, taking into account the precise needs of the beneficiaries, as
well as to follow up and evaluate them;
E/CN.4/1995/L.11/Add.3
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3. Invites competent United Nations treaty bodies, special rapporteurs
and representatives, as well as working groups, to continue to include in
their recommendations, whenever appropriate, proposals for specific projects
to be realized under the programme of advisory services;
4. Requests the Secretary-General, in the context of the budgetary
planning for the biennium 1996-1997, to allocate more human and financial
resources for the enlargement of advisory services, within existing overall
United Nations resources, in a manner compatible with other development
objectives, in order to meet the substantially increased demand;
5. Expresses its appreciation to the Secretary-General for the
projects realized since the establishment of the Voluntary Fund for Technical
Cooperation in the Field of Human Rights and to Governments and
non-governmental organizations for their contributions, and invites more
Governments and non-governmental organizations to consider contributing;
6. Emphasizes that the objective of the Voluntary Fund is to provide
financial support for international cooperation aimed at building up and
strengthening national and regional institutions and infrastructures which
will have a long-term impact on improving implementation of international
conventions and other international standards on human rights;
7. Requests the Secretary-General, in accordance with part II,
paragraph 16 of the Vienna Declaration and Programme of Action and in
cooperation with the Board of Trustees of the Voluntary Fund as advisory body,
to ensure more efficient management of the Voluntary Fund, strict and
transparent project management rules, periodical evaluations of the programme
and projects, and the dissemination of evaluation results, including programme
implementation and financial accounting reports, as well as to arrange for the
holding of annual information meetings open to all Member States and
organizations directly involved in the advisory services and technical
cooperation programme;
8. Requests the Board of Trustees to exercise its full mandate as
advisory body to promote and solicit contributions to the Voluntary Fund and
to continue to assist the High Commissioner for Human Rights in monitoring,
reviewing and improving constantly the process of selecting and implementing
technical assistance projects, the conduct of needs assessments in a
comprehensive manner and the evaluation of ongoing and terminated projects
against the objectives that have been set;
E/CN.4/1995/L.11/Add.3
page 37
9. Takes notes with interest of the general recommendations of the
Board of Trustees relating to the enhancement of the effectiveness of advisory
services as reflected in its report (E/CN.4/1995/89/Add.1);
10. Requests the Secretary-General to provide the necessary
administrative assistance for the Board, in order to make it possible for it
to fulfil its mandate, and to arrange meetings of the Board such that its
report can be included in the annual report to the Commission on Human Rights
on advisory services and technical cooperation;
11. Encourages Governments to cooperate with non-governmental human
rights organizations in formulating, implementing and evaluating programmes
under the Voluntary Fund;
12. Requests the Secretary-General to incorporate in his next report to
the Commission on Human Rights on advisory services in the field of human
rights, including the Voluntary Fund for Technical Cooperation in the Field of
Human Rights, the activities undertaken by the Board of Trustees and, in that
connection, invites the Chairman of the Board to address the Commission;
13. Reaffirms that the High Commissioner for Human Rights is the
United Nations officer with principal responsibility for United Nations human
rights activities according to the mandate established in General Assembly
resolution 48/141 of 20 December 1993, which provides, inter alia, for
coordination by the High Commissioner of the human rights promotion and
protection activities throughout the United Nations system and the provision
of advisory services, and requests the Secretary-General to continue to
support the High Commissioner in fulfilling his mandate;
14. Requests the High Commissioner to explore yet further the
possibilities offered by cooperation between the Centre for Human Rights and
specialized bodies and other organizations of the United Nations system, as
well as non-governmental organizations, including arrangements where needs
identified by the Centre are met by projects for which such bodies and
organizations take full responsibility for financing and implementation;
15. Encourages in particular the cooperation between the Centre for
Human Rights and the United Nations Development Programme, with a view to
integrating, with the advice of the Commission on Human Rights, projects for
strengthening human rights into the overall United Nations Development
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page 38
Programme country programmes and in order to prepare and execute jointly
individual projects benefiting from the opportunities offered by resident
representatives of the Programme;
16. Requests the Secretary-General to submit a report to the Commission
at its fifty-second session containing an inventory and an analysis of the
availability of advisory services and technical cooperation in the field of
human rights from all sources, both multilateral and bilateral, and to request
relevant information from such sources;
17. Also requests the Secretary-General to report annually to the
Commission on Human Rights on the progress made in the implementation of the
programme of advisory services and technical cooperation in the field of human
rights and on the operation and administration of the Voluntary Fund for
Technical Cooperation in the Field of Human Rights.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XXI.]
1995/54. Assistance to States in strengthening the rule of law
The Commission on Human Rights,
Recalling that, by adopting the Universal Declaration of Human Rights,
Member States have pledged themselves to achieve, in cooperation with the
United Nations, the promotion of universal respect for and observance of human
rights and fundamental freedoms,
Firmly convinced that, as stressed in the Universal Declaration of Human
Rights, the rule of law is an essential factor in the protection of human
rights,
Convinced also that, through their own national legal and judicial
systems, States must provide appropriate civil, criminal and administrative
remedies for violations of human rights,
Recognizing the importance of the role that can be played by the Centre
for Human Rights of the Secretariat in supporting national efforts to
strengthen the institutions of the rule of law,
Recalling the recommendation of the World Conference on Human Rights that
a comprehensive programme be established within the United Nations and under
the coordination of the Centre for Human Rights with a view to helping States
E/CN.4/1995/L.11/Add.3
page 39
in the task of building and strengthening adequate national structures which
have a direct impact on the overall observance of human rights and the
maintenance of the rule of law,
Recalling also its resolution 1994/50 of 4 March 1994 and
General Assembly resolution 49/194 of 23 December 1994,
1. Notes with satisfaction the report of the Secretary-General to the
General Assembly (A/49/512) submitted in conformity with General Assembly
resolution 48/132;
2. Takes note with interest of the proposals contained therein for
strengthening the programme of advisory services and technical assistance of
the Centre for Human Rights of the Secretariat in order to comply fully with
the recommendations of the World Conference on Human Rights concerning
assistance to States in strengthening their institutions in the rule of law;
3. Praises the efforts made by the High Commissioner for Human Rights
and the Centre for Human Rights to accomplish their ever-increasing tasks with
the limited financial and personnel resources at their disposal;
4. Expresses its deep concern at the scarcity of means at the disposal
of the Centre for Human Rights for the fulfilment of its tasks;
5. Notes that the programme of advisory services and technical
assistance does not have assistance funds sufficient to provide any
substantial financial assistance to national projects that have a direct
impact on the realization of human rights and the maintenance of the rule of
law in countries that are committed to those ends, but which face economic
hardship;
6. Requests the Secretary-General to explore the possibilities of
obtaining from all relevant institutions of the United Nations system,
including financial institutions, acting within their mandates, technical and
financial means to strengthen the capacity of the Centre for Human Rights to
provide assistance to national projects aiming at the realization of human
rights and the maintenance of the rule of law, and to submit a report on the
matter to the General Assembly at its fiftieth session.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XXI.]
E/CN.4/1995/L.11/Add.3
page 40
1995/55. The situation of human rights in Cambodia
The Commission on Human Rights,
Guided by the purposes and principles embodied in the Charter of the
United Nations, the Universal Declaration of Human Rights and the
International Covenants on Human Rights,
Taking note of the Agreement on a Comprehensive Political Settlement of
the Cambodia Conflict signed in Paris on 23 October 1991, including part III
relating to human rights,
Recalling Commission on Human Rights resolution 1994/61 of 4 March 1994,
General Assembly resolution 49/199 of 23 December 1994, and previous relevant
resolutions, including Commission on Human Rights resolution 1993/6 of
19 February 1993, in which it requested the Secretary-General to appoint a
special representative in Cambodia, and the Secretary-General’s subsequent
appointment of a special representative,
Bearing in mind the role and responsibilities of the United Nations and
the international community in the process of the rehabilitation and
reconstruction of Cambodia,
Recognizing that the tragic recent history of Cambodia requires special
measures to assure the promotion and protection of the human rights of all
people in Cambodia and the non-return to the policies and practices of the
past, as stipulated in the agreements signed in Paris on 23 October 1991;
Welcoming the establishment in Cambodia of the office of the Centre for
Human Rights,
1. Requests the Secretary-General to assure the protection of the
human rights of all people in Cambodia and to ensure adequate resources from
within existing United Nations resources, for the enhanced functioning of the
operational presence in Cambodia of the Centre for Human Rights;
2. Welcomes the visit to Cambodia of the United Nations High
Commissioner for Human Rights;
3. Welcomes and encourages the efforts of individuals,
non-governmental organizations, Governments and international organizations
involved in human rights activities in Cambodia;
4. Takes note with appreciation of the latest report submitted by the
Special Representative of the Secretary-General on the situation of human
rights in Cambodia (E/CN.4/1995/87 and Add.1), and endorses his
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page 41
recommendations and conclusions, including those aimed at ensuring the
independence of the judiciary and the establishment of the rule of law, good
governance and freedom of expression;
5. Notes with appreciation the programmes of activities of the Centre
for Human Rights in Cambodia, as described in the report of the Special
Representative of the Secretary-General (E/CN.4/1995/87 and Add.1);
6. Takes note of the statement presented by the Government of Cambodia
to the United Nations General Assembly on 22 November 1994;
7. Requests the Special Representative, in collaboration with the
office in Cambodia of the Centre for Human Rights, to undertake an evaluation
of the extent to which the recommendations made in his report, and those
contained in his previous reports, are followed up and implemented;
8. Requests the Secretary-General to renew the mandate of the Special
Representative as set out in paragraph 6 of Commission on Human Rights
resolution 1993/6;
9. Also requests the Secretary-General to provide all necessary
resources from within the regular budget of the United Nations to enable the
Special Representative to continue to fulfil his tasks expeditiously;
10. Welcomes the efforts made by the Government of Cambodia to promote
and protect human rights, including measures to improve human rights
education, conditions of prisons and in creating a functioning system of
justice, and urges that efforts continue in these areas;
11. Expresses grave concern about the atrocities committed by the
Khmer Rouge, including the massacre of approximately 50 villagers in
Battambang Province in October 1994, the numerous incidents of kidnapping of
villagers, attacks on tourists, including the taking and killing of foreign
hostages, and other deplorable incidents detailed in the reports of the
Special Representative;
12. Condemns unreservedly all threats by the Khmer Rouge, including the
widespread use of land-mines, to the safety of persons involved in development
assistance activities in rural Cambodia;
13. Expresses grave concern at the devastating consequences and
destabilizing effects of the indiscriminate use of anti-personnel land-mines
on Cambodian society and encourages the Government of Cambodia to continue its
efforts to remove these mines;
E/CN.4/1995/L.11/Add.3
page 42
14. Expresses concern at the serious violations of human rights as
detailed by the Special Representative in his reports, and further encourages
the Government of Cambodia to investigate thoroughly allegations of human
rights abuse and to prosecute those who are guilty of human rights offences in
accordance with the due process of the law and international standards
relating to the administration of justice;
15. Takes note of the concern expressed by the Special Representative
in his report at the widely reported allegations of threats to members of the
National Assembly and recommends that the Government of Cambodia take all
necessary steps to ensure that members of the National Assembly can work in an
environment free from intimidation;
16. Calls upon the Government of Cambodia to ensure the full observance
of human rights for all persons within its jurisdiction in accordance with the
international covenants and other human rights instruments to which Cambodia
is a party;
17. Welcomes the agreement by the Governments of Cambodia and Viet Nam
to address immigration policy and practice in a way consistent with national
legislation and appropriate international standards;
18. Encourages the Government of Cambodia to continue its efforts to
meet its reporting obligations under international human rights instruments,
drawing on the assistance of the Office of the Centre for Human Rights in
Cambodia;
19. Encourages the National Assembly of Cambodia to enact a press law
which is consistent with internationally recognized standards and which
protects freedom of expression while promoting press responsibility;
20. Commends the ongoing efforts of the Office of the Centre for Human
Rights in Cambodia in supporting and assisting the Government of Cambodia, as
well as non-governmental organizations and others involved in the protection
and promotion of human rights in cooperation with the Government of Cambodia,
and condemns attacks on them unreservedly;
21. Encourages the Government of Cambodia to request the Centre for
Human Rights to provide advice and technical assistance with respect to the
creation of an independent national institution for the promotion and
protection of human rights;
E/CN.4/1995/L.11/Add.3
page 43
22. Requests the Centre for Human Rights, in cooperation with the
relevant United Nations specialized agencies and development programmes, to
develop and implement programmes, with the consent and cooperation of the
Government of Cambodia, in the priority areas identified by the Special
Representative, paying particular attention to vulnerable groups, including
women, children and minorities;
23. Notes with appreciation the use by the Secretary-General of the
United Nations Trust Fund for a Human Rights Education Programme in Cambodia
to finance the programme of activities for the office in Cambodia of the
Centre for Human Rights as defined in resolutions of the General Assembly and
the Commission on Human Rights, and invites Governments, intergovernmental and
non-governmental organizations, foundations and individuals to consider
contributing funds to this Trust Fund;
24. Decides to review the programmes and mandates set out in its
resolution 1993/6 at its fifty-second session;
25. Requests the Special Representative of the Secretary-General to
report to the Commission on Human Rights at its fifty-second session and to
provide an interim report to the General Assembly at its fiftieth session;
26. Requests the Secretary-General to report to the Commission on Human
Rights at its fifty-second session on the role of the Centre for Human Rights
in assisting the Government and people of Cambodia in the promotion and
protection of human rights and on the recommendations made by the Special
Representative on matters within his mandate;
27. Decides to continue its consideration of this matter at its
fifty-second session under the agenda item entitled "Advisory services in the
field of human rights".
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XXI.]
1995/56. Assistance to Somalia in the field of human rights
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of
Human Rights and other relevant human rights instruments,
Recalling relevant resolutions of the General Assembly and of the
Security Council, in particular Security Council resolution 954 (1994) of
4 November 1994,
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page 44
Recalling also its own resolution 1994/60 of 4 March 1994, in which it
requested the independent expert to report on conditions in Somalia and on the
implementation of the resolution,
Noting with concern that the breakdown of governmental authority in
Somalia has exacerbated the grave situation of human rights in the country,
Conscious that the United Nations Operation in Somalia II will complete
its withdrawal during March 1995, and that therefore its human rights unit
will cease to exist,
Noting in this respect assurances of cooperation and non-interference
with such withdrawal expressed by all Somali parties,
Welcoming all efforts aimed at improving the humanitarian situation in
Somalia, such as those of agencies and programmes of the United Nations, other
humanitarian organizations and non-governmental organizations,
Recognizing that the people of Somalia have the principal responsibility
for their national reconciliation process and that they are the ones to decide
freely on their political, economic and social systems,
Taking note with appreciation of the efforts aimed at encouraging a
peaceful political solution to the crisis, in particular those of neighbouring
countries and the Organization of African Unity,
Appreciating also in this respect, the role of organizations such as the
Organization of the Islamic Conference and the League of Arab States,
Affirming the need for a peaceful process leading to the disarmament of
factions, political reconciliation and the re-establishment of effective
government committed to the promotion and protection of human rights,
Deeply concerned at alleged sentences issued in disregard of
international criminal justice standards, arbitrary and summary executions,
torture and other cruel, inhuman or degrading treatment or punishment,
Deploring continued attacks, acts of reprisal, abductions and other acts
of violence committed against United Nations personnel, personnel of other
humanitarian organizations and non-governmental organizations and
representatives of the international media in Somalia, sometimes resulting in
serious injury or death,
Recognizing the negative impact the current situation is having on
neighbouring countries, in particular through refugee outflows,
Noting that the independent expert has not been able to carry out his
mandate owing to the circumstances prevailing in Somalia,
E/CN.4/1995/L.11/Add.3
page 45
Believing none the less that the Centre for Human Rights should be in a
position, through its programme of advisory services and technical assistance,
to reinforce any positive political developments in Somalia by providing
assistance, including to the police and the judicial and penal systems as well
as to other institutions for the promotion and protection of human rights,
1. Calls upon all parties to the conflict in Somalia to work towards a
peaceful solution to the crisis;
2. Strongly urges all parties in Somalia to respect the human rights
and fundamental freedoms of all, to prevent violations of international
humanitarian law and human rights, to apply criminal justice standards and to
protect United Nations personnel, including contingents forming part of the
United Nations Operation in Somalia II, humanitarian relief workers and
representatives of the international media;
3. Requests the independent expert to study ways and means of how best
to implement, at the earliest possible date, a programme of advisory services
for Somalia, upon request, inter alia through the contributions of agencies
and programmes of the United Nations currently in the field, aimed at reestablishing
respect for human rights and the rule of law and strengthening
the police and the judicial and prison systems in Somalia, in a manner
consistent with internationally accepted criminal justice standards;
4. Requests the Secretary-General to provide adequate resources, from
within the regular budget of the United Nations, to fund the activities of the
independent expert and the Centre for Human Rights, and invites Governments
and organizations in a position to do so to respond positively to requests by
the Secretary-General for assistance in the implementation of the present
resolution;
5. Also requests the Secretary-General to report to the Commission at
its fifty-second session on the situation of human rights in Somalia and the
implementation of the present resolution;
6. Decides to continue consideration of the question at its
fifty-second session under the appropriate agenda item, in the light of the
report of the Secretary-General.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XXI.]
E/CN.4/1995/L.11/Add.3
page 46
1995/57. Internally displaced persons
The Commission on Human Rights,
Deeply disturbed by the steadily increasing number of internally
displaced persons throughout the world and conscious of the serious problem
this is creating for the international community,
Recognizing that internally displaced persons are in need of protection
and of relief assistance, and recognizing the need for States and the
international community to explore methods and means better to address the
protection and assistance needs of internally displaced persons,
Conscious of the human rights as well as the humanitarian dimensions of
the problem of internally displaced persons and the responsibilities this
poses for States and the international community,
Recalling in this connection resolution 1994/24 of 26 August 1994 of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities on
the right to freedom of movement,
Bearing in mind General Assembly resolution 49/169 of 23 December 1994,
noting that the involuntary displacement of persons within their own countries
remains a problem of grave humanitarian concern and that the many and varied
underlying causes of involuntary internal displacement and of refugee
movements are similar in numerous cases, and recognizing that actions by the
international community, in consultation and coordination with the State
concerned, on behalf of the internally displaced may contribute to the easing
of tensions and the resolution of problems resulting in displacement, and
constitute important components of a comprehensive approach to the prevention
and solution of refugee problems,
Also bearing in mind the General Assemnly noting that, in a number of
instances, the internally displaced are present alongside refugees, returnees
or a vulnerable local population in situations where it is neither reasonable
nor feasible to treat the categories differently in responding to their needs
for assistance and protection,
Welcoming the call by the General Assembly for a more concerted response
by the international community to the needs of internally displaced persons
while emphasizing that activities on their behalf must not undermine the
institution of asylum,
Aware of the need to address the root causes of internal displacement,
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page 47
Aware in particular of the need for the development of global strategies
to address this problem, and recalling in this respect the Vienna Declaration
and Programme of Action (A/CONF.157/23), in which the World Conference on
Human Rights called for a comprehensive approach by the international
community with regard to refugees and displaced persons,
Welcoming the cooperation established between the representative of the
Secretary-General and the High Commissioner for Human Rights, the
United Nations High Commissioner for Refugees, the United Nations Development
Programme, the Department of Humanitarian Affairs of the Secretariat and other
relevant intergovernmental and non-governmental organizations, including
through the Partnership in Action process, and encouraging them to continue
actively to pursue their consultations on this issue,
Welcoming also the regional initiatives being undertaken in response to
problems of internal displacement, and recalling in particular the San José
Declaration on Refugees and Displaced Persons, the Addis Ababa Document on
Refugees and Forced Population Movements in Africa and the conclusions of the
Seminar on the Protection of African Refugees and Internally Displaced
Persons,
Conscious of the need for the United Nations system to gather
comprehensive information on the issue of the protection of the human rights
of and assistance to internally displaced persons,
Welcoming the Conclusion on internally displaced persons of the Executive
Committee of the Programme of the United Nations High Commissioner for
Refugees (A/AC.96/839, para. 20), in particular its acknowledgement of the
work of the representative of the Secretary-General and of his efforts to
compile existing international standards in respect of the treatment of the
internally displaced,
Recalling General Assembly resolution 48/135 of 20 December 1993, in
which the Assembly invited the representative to present suggestions and
recommendations with regard to ways and means, including the institutional
aspects, of providing effective protection and assistance to internally
displaced persons,
Bearing in mind the support for the work of the representative of the
Secretary-General expressed in a number of international and regional
declarations, specifically the San José Declaration on Refugees and Displaced
Persons which called for an extension of his mandate,
E/CN.4/1995/L.11/Add.3
page 48
1. Takes note with appreciation of the report of the representative of
the Secretary-General on internally displaced persons (E/CN.4/1995/50 and
Add.1-4);
2. Commends the representative of the Secretary-General for the
activities so far undertaken, despite the limited resources available to him,
and for his proposed programme of activities;
3. Welcomes the catalytic role the representative is playing to raise
the level of consciousness about the plight of the internally displaced;
4. Encourages the representative, through dialogue with Governments
and all intergovernmental and non-governmental organizations concerned, in
accordance with his mandate, to continue his review of the need for protection
of and assistance to internally displaced persons, including his compilation
and analysis of existing rules and norms, the root causes of internal
displacement, prevention and long-term solutions, taking into account specific
situations;
5. Also encourages the representative to continue to pay specific
attention in his review to the protection and assistance needs of women and
children;
6. Calls upon all Governments to continue to facilitate the activities
of the representative, encourages them to give serious consideration to
inviting him to visit their countries, so as to enable him to study and
analyse more fully the issues involved, and thanks those Governments which
have already done so;
7. Invites Governments to give due consideration, in dialogue with the
representative, to the recommendations and suggestions made to them by the
representative, in accordance with his mandate, and to inform him of measures
taken thereon;
8. Welcomes the cooperation established between the representative of
the Secretary-General and the High Commissioner for Human Rights, and
encourages them to strengthen this cooperation further;
9. Calls upon the High Commissioner for Human Rights, the Department
of Humanitarian Affairs, the United Nations High Commissioner for Refugees,
the United Nations Development Programme, the United Nations Children’s Fund,
the United Nations Development Fund for Women, the International Committee of
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page 49
the Red Cross, the International Organization for Migration and all other
humanitarian agencies involved to continue to cooperate with the
representative, to provide him with relevant information and to assist him in
fulfilling his mandate, and encourages the representative of the
Secretary-General to continue to cooperate and coordinate with them;
10. Calls upon the representative and regional intergovernmental
organizations, such as the Organization of African Unity, the Organization of
American States and the Organization for Security and Cooperation in Europe,
to intensify their cooperation with a view to encouraging their undertaking
initiatives to facilitate assistance to and protection of internally displaced
persons, and requests the representative to report on these efforts and on
areas of his cooperation with them;
11. Calls upon relevant rapporteurs, working groups, experts and the
High Commissioner for Human Rights, through his field activities, in
accordance with their mandates, to seek information on situations which have
already created or could lead to internal displacement and to include relevant
information and recommendations thereon in their reports;
12. Encourages the representative of the Secretary-General to pursue
the setting up of a more coherent system of data collection on issues related
to the situation and protection of internally displaced persons;
13. Also encourages the representative to continue to seek the
contribution of local, national and regional academic institutions;
14. Decides to extend for a further three years the mandate of the
representative;
15. Requests the Secretary-General to provide, within existing
resources, all the necessary human and financial assistance to his
representative to fulfil his mandate effectively;
16. Requests the representative to continue to submit annual reports on
his activities to the Commission on Human Rights and to the General Assembly;
17. Decides to continue its consideration of the question at its
fifty-second session.
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XXI.]
E/CN.4/1995/L.11/Add.3
page 50
1995/58. 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,
Welcoming the unreserved reaffirmation in the Vienna Declaration and
Programme of Action (A/CONF.157/23) of the human rights and fundamental
freedoms of persons with disabilities and the recognition in the Programme of
Action of the International Conference on Population and Development
(A/CONF.171/13, chap. I, resolution I, annex) of a pressing need for,
inter alia, the realization of the goals of full participation and equality
for persons with disabilities,
Recalling 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),
Reaffirming the continuing validity and value of the World Programme of
Action concerning Disabled Persons, which provides a firm and innovative
framework for disability-related issues,
Re-emphasizing the responsibility of Governments for removing or
facilitating the removal, as far as possible, of barriers and obstacles to the
full integration and participation of persons with disabilities in society,
and supporting their efforts to develop national policies to reach specific
objectives,
Recognizing the contribution of non-governmental organizations,
especially organizations of persons with disabilities, in the global effort to
bring about full participation and equality for persons with disabilities,
Aware of the major obstacles to the implementation of the World Programme
of Action concerning Disabled Persons, foremost among these being an
inadequate allocation of resources,
Noting 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
E/CN.4/1995/L.11/Add.3
page 51
Discrimination and Protection of Minorities, in which international mechanisms
for the protection of persons with disabilities, such as an ombudsman, are
proposed,
Having due regard to the preconditions for equal participation set out
under section I of the Standard Rules, including national action to raise
awareness in society about persons with disabilities, their rights, their
needs, their potential and the need to realize these, to recognize their
contributions, to provide effective medical care, including mental health
care, to ensure rehabilitative services, to establish and maintain support
services, including the provision of devices to assist persons with
disabilities, and to help them to increase their level of independence in
their daily living and to exercise their rights,
1. Calls upon the Secretary-General to maintain the integrity of
programmes within the United Nations system relating to persons with
disabilities, 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 disability of the Committee for Social Development;
3. 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 persons with disabilities;
4. Calls upon States to cooperate fully with the Special Rapporteur,
to meet his requests for information and to provide relevant data to the
Committee on Economic, Social and Cultural Rights;
5. Notes with appreciation that a number of Member States have made,
or have indicated their intention to make, contributions to support the work
of the Special Rapporteur;
6. Urges all Governments to implement, with the cooperation and
assistance of organizations, the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities;
7. Invites Governments and the private sector to provide meaningful
assistance to the United Nations Voluntary Fund on Disability, with a view to
E/CN.4/1995/L.11/Add.3
page 52
providing additional support for the implementation of the Standard Rules,
within the context of the World Programme of Action concerning Disabled
Persons;
8. 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 to the Centre for
Human Rights;
9. Requests the Secretary-General to ensure appropriate support for
the effective functioning of the long-term strategy to implement the
World Programme of Action concerning Disabled Persons to the Year 2000 and
Beyond (A/49/435, annex);
10. Encourages the Secretary-General and the United Nations agencies
concerned to finalize, in consultation with Member States, the development of
a global disability indicator in the Commission on Social Development, and
also encourages the Special Rapporteur to make use of it, where appropriate,
in his future work;
11. Encourages the consideration during major forthcoming events,
including the World Summit for Social Development and the Fourth World
Conference on Women: Action for Equality, Development and Peace, of
disability issues relevant to the subject-matter of those events;
12. 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 persons with disabilities;
13. Reaffirms its commitment to ensuring that the rights of persons
with disabilities and their concerns for full participation in community
affairs continue to be addressed in all of its work;
14. Decides to continue to consider the question at its
fifty-second session under the agenda item entitled "Report of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities".
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XIX.]
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