UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/1996/L.10/Add.15
24 April 1996
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-second session
Agenda item 25
DRAFT REPORT OF THE COMMISSION
Rapporteur: Mr. Rajamony VENU
CONTENTS*
Chapter Page
XV. Report of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities on
its forty-seventh session
* Documents E/CN.4/1996/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.4/1996/L.11 and addenda.
GE.96-11098 (E)
E/CN.4/1996/L.10/Add.15
page 2
XV. REPORT OF THE SUB-COMMISSION ON PREVENTION OF
DISCRIMINATION AND PROTECTION OF MINORITIES
ON ITS FORTY-SEVENTH SESSION
1. The Commission considered agenda item 15 at its 22nd and 23rd meetings,
on 2 April 1996, and at its 51st meeting, on 19 April 1996, at its
51st meeting on 19 April 1996 and at its 58th meeting on 23 April 1996. 1/
2. For the documents issued for the fifty-second session of the Commission
under item 15, see annex IV to the present report.
3. At the 22nd meeting, on 2 April 1996, Mr. Ioan Maxim, Chairman of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities at
its forty-seventh session, introduced his report (E/CN.4/1996/81).
4. In the general debate on agenda item 15, statements 3/ were made by the
following members of the Commission: Australia (23rd), Bangladesh (23rd),
China (23rd), El Salvador (23rd), India (23rd), Pakistan (23rd),
Philippines (23rd), Republic of Korea (23rd), Russian Federation (23rd),
Ukraine (23rd), United States of America (22nd).
5. The Commission heard statements by the observers for Norway (on behalf of
the Nordic countries) (23rd) and Poland (23rd). The observers for
Switzerland (23rd) and the International Committee of the Red Cross (23rd)
also made statements.
6. The Commission heard statements by the following non-governmental
organizations: African Association of Education for Development (23rd),
African Commission of Health and Human Rights Promoters (23rd), Afro-Asian
People’s Solidarity Organization (23rd), American Association of
Jurists (23rd), Commission of the Churches on International Affairs of the
World Council of Churches (23rd), Disabled Peoples’ International (23rd),
Four Directions Council (23rd), Franciscans International (23rd), Himalayan
Research and Cultural Foundation (23rd), Indian Council of Education (23rd),
International Association for Religious Freedom (22nd), International
Commission of Jurists (22nd), International Federation of Women in Legal
Careers (23rd), International Human Rights Association of American
Minorities (23rd), International Institute for Peace (23rd), International
Movement against All Forms of Discrimination and Racism (23rd),
Liberation (23rd), Muslim World League (23rd), World Peace Council (23rd),
World Society of Victimology (23rd).
E/CN.4/1996/L.10/Add.15
page 3
Traffic in women and girls
7. At its 51st meeting, on 19 April 1996, the representative of the
Philippines introduced draft resolution E/CN.4/1996/L.29, sponsored by
Armenia, Belgium, Bhutan, France, Iraq, Israel, Malaysia, Mongolia, Peru,
Philippines, Republic of Korea, South Africa and Thailand. Argentina,
Bangladesh, Benin, Costa Rica, Cuba, Denmark, El Salvador, Finland, Honduras,
India, Madagascar, Mali, Morocco, Myanmar, Nicaragua, Norway, Portugal,
the Russian Federation, Thailand, Uruguay and Viet Nam subsequently joined the
sponsors.
8. The representative of the Philippines orally revised the draft resolution
as follows:
(a) Replace, in the fifth preambular paragraph, the word "illegal" by
the word "undocumented";
(b) Insert, in the tenth preambular paragraph, after the word "sexual",
the words "exploitation and";
(c) Replace, in operative paragraph 3, the words "consider the
development of standard minimum rules for the humanitarian treatment of" by
the words "accord standard minimum humanitarian treatment to".
9. The draft resolution, as orally revised, was adopted without a vote. For
the text of the resolution, see chapter II, section A, resolution 1996/24.
Work of the Sub-Commission on Prevention of Discrimination and Protection of
Minorities
10. At the 51st meeting, on 19 April 1996, the representative of Germany
introduced draft resolution E/CN.4/1996/L.33, sponsored by Armenia, Australia,
Austria, Bulgaria, the Czech Republic, Denmark, El Salvador, Finland, France,
Germany, Honduras, Japan, Madagascar, the Netherlands, Norway, Peru, Portugal
and the United Kingdom of Great Britain and Northern Ireland. Argentina,
Bangladesh, Canada, Costa Rica, Greece, India, Poland, Philippines, the
Slovak Republic, Spain and Ukraine subsequently joined the sponsors.
11. The representative of Germany orally revised the draft resolution as
follows:
(a) In the tenth preambular paragraph, insert before the word
"dependent" the word "basically";
(b) In the eleventh preambular paragraph, insert, after the words
"commissioned by the", the words "Economic and Social Council to members of
the";
E/CN.4/1996/L.10/Add.15
page 4
(c) In the same paragraph, insert, after the word "alternates" the
phrase "in cooperation with their consultants, if need be, and the
Secretariat";
(d) In the twelfth preambular paragraph, replace the words "of such
contacts" by the words "for such interaction";
(e) In operative paragraph 4, insert "to undertake" before the words
"a thorough examination".
12. A statement in connection with the draft resolution was made by the
representative of Cuba.
13. The draft resolution, as orally revised, was adopted without a vote. For
the text of the resolution, see chapter II, section A, resolution 1996/25.
Minimum humanitarian standards
14. At its 51st meeting, on 19 April 1996, the representative of Norway
introduced draft resolution E/CN.4/1996/L.36/Rev.1, sponsored by Canada,
Denmark, El Salvador, Finland, Germany, Hungary, Iceland, Norway, Poland,
Slovenia, South Africa, Sweden, Switzerland and Uruguay. Argentina, Latvia,
Liechtenstein, Madagascar, Portugal, the United States of America and Ukraine
subsequently joined the sponsors.
15. The representative of Norway orally revised the draft resolution by
replacing, in operative paragraph 5, the words "and to submit a report on this
matter" by the words "on this matter for submission".
16. At the proposal of the representative of Cuba, the sponsors agreed to
insert, in operative paragraph 1, the word "including" before the words
"the Charter".
17. The representative of India made a statement in connection with the draft
resolution.
18. The draft resolution, as revised and amended, was adopted without a vote.
For the text of the resolution, see chapter II, section A, resolution 1996/26.
Gross and large-scale violations of human rights
19. At the 51st meeting, on 19 April 1996, the representative of
the Netherlands introduced draft decision E/CN.4/1996/L.38, sponsored by
Denmark, Germany, the Netherlands and the United Kingdom of Great Britain and
Northern Ireland. Japan subsequently joined the sponsors.
20. In connection with the draft decision, statements were made by the
representatives of Cuba and the Netherlands.
E/CN.4/1996/L.10/Add.15
page 5
21. The draft decision was adopted without a vote. For the text of the
decision, see chapter II, section B, decision 1996/105.
22. In view of the adoption of decision 1996/105, the Commission took no
action on draft decision 3, recommended by the Sub-Commission for adoption by
the Commission (see E/CN.4/1995/2-E/CN.4/Sub.2/1995/56, chap. I, sect. B).
Implications for human rights of United Nations action, including humanitarian
assistance
23. At the 51st meeting, on 19 April 1996, the representative of the
United States of America introduced draft decision E/CN.4/1996/L.40, sponsored
by Algeria, Australia, Bangladesh, Belarus, Bulgaria, Canada, Colombia,
Denmark, the Dominican Republic, France, Germany, Hungary, Japan,
the Netherlands, Philippines, South Africa, Ukraine, the United Kingdom of
Great Britain and Northern Ireland and the United States of America.
24. The representative of Cuba made a statement in explanation of vote before
the vote.
25. The draft decision was adopted without a vote. For the text of the
decision, see chapter II, section B, decision 1996/106.
26. In view of the adoption of decision 1996/106, the Commission took no
action on draft decision 2, recommended by the Sub-Commission for adoption by
the Commission (see E/CN.4/1995/2-E/CN.4/Sub.2/1995/56, chap. I, sect. B).
Human rights of persons with disabilities
27. At its 51st meeting, on 19 April 1996, the representative of Ireland
introduced draft resolution E/CN.4/1996/L.47, sponsored by Afghanistan,
Algeria, Australia, Austria, Belgium, Canada, Colombia, the Czech Republic,
Denmark, Finland, Greece, Iceland, Ireland, Norway, Peru, Philippines,
Portugal, South Africa, Sweden and Venezuela. Argentina, Chile, Costa Rica,
the Dominican Republic, El Salvador, Germany, Hungary, Libyan Arab Jamahiriya,
Madagascar, the Netherlands, the Republic of Korea, the United Kingdom of
Great Britain and Northern Ireland and Uruguay subsequently joined the
sponsors.
28. The representative of Mexico made a statement in connection with the
draft resolution.
29. The draft resolution was adopted without a vote. For the text of the
resolution, see chapter II, section A, resolution 1996/27.
Systematic rape and sexual slavery during periods of armed conflict
30. At its 51st meeting, on 19 April 1996, the Commission took action on
Sub-Commission draft decision 1 recommended to the Commission for adoption.
E/CN.4/1996/L.10/Add.15
page 6
31. In accordance with rule 28 of the rules of procedure of the functional
commissions of the Economic and Social Council, the attention of the
Commission was drawn to the administrative and programme budget
implications 2/ of the draft resolution.
32. The draft decision was adopted without a vote. For the text of the
decision, see chapter II, section B, decision 1996/107.
Human rights dimensions of population transfers
33. At its 51st meeting, on 19 April 1996, the Commission took action on
Sub-Commission draft decision 9 recommended to the Commission for adoption.
34. In accordance with rule 28 of the rules of procedure of the functional
commissions of the Economic and Social Council, the attention of the
Commission was drawn to the administrative and programme budget
implications 2/ of the draft resolution.
35. The draft decision was adopted without a vote. For the text of the
decision, see chapter II, section B, decision 1996/108.
Contemporary forms of slavery
36. At its 51st meeting, on 19 April 1996, at the request of the
representative of the Netherlands, the Commission postponed consideration of
draft resolution E/CN.4/1996/L.41. Statements in connection with the
postponement were made by the representatives of Cuba, China, India and
the Netherlands.
37. At the 58th meeting, on 23 April 1996, the representative of
the Netherlands introduced draft resolution E/CN.4/1996/L.41, sponsored by
Bulgaria, Cameroon, Canada, the Czech Republic, El Salvador, Latvia,
the Netherlands and the Republic of Korea. Australia, Costa Rica, Madagascar,
Malaysia, the Philippines and Romania subsequently joined the sponsors.
Malaysia and Latvia subsequently withdrew as sponsors.
38. The draft resolution was orally revised by the representative of
the Netherlands as follows:
(a) In operative paragraph 12, after "(E/CN.4/Sub.2/1995/28/Add.1)",
replace the text, which read as follows:
"with the proviso that throughout the text the term ’prostitution’, to
the extent that it relates to prostitution of adults, should read
’coercive prostitution’ and that the call on States to enact legislation
E/CN.4/1996/L.10/Add.15
page 7
making it a crime to produce, distribute and posses pornographic material
should be limited to legislation with regard to pornographic material
involving children;";
(b) In operative paragraph 13, insert the words "in particular the
World Health Organization, as well as the International Criminal Police
Organization and all relevant non-governmental organizations" after
"United Nations agencies";
(c) In the same operative paragraph, before the word "reliability", the
words "prima facie" were deleted.
39. The draft resolution, as orally revised, was adopted without a vote.
Statements in explanation of vote after the vote were made by the
representatives of China and India.
40. For the text of the resolution as adopted, see chapter II, section A,
resolution 1996/61.
-----