UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/1996/L.11/Add.1
19 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
II. Resolutions and decisions adopted by the Commission
at its fiftieth session . . . . . . . . . . . . . . . . . . . .
A. Resolutions
1996/21. Measures to combat contemporary forms of racism,
racial discrimination, xenophobia and related
intolerance . . . . . . . . . . . . . . . . . . .
1996/22. Effective implementation of international
instruments on human rights, including reporting
obligations under international instruments on
human rights . . . . . . . . . . . . . . . . . . .
1996/23. Implementation of the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination
Based on Religion or Belief . . . . . . . . . . .
* 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.96-11309 (E)
E/CN.4/1996/L.11/Add.1
page 2
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
1996/24. Traffic in women and girls . . . . . . . . . . . .
1996/25. Work of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities . . .
1996/26. Minimum humanitarian standards . . . . . . . . . .
1996/27. Human rights of persons with disabilities . . . .
1996/28. Question of arbitrary detention . . . . . . . . .
1996/29. Staff members of the United Nations and of the
specialized agencies in detention . . . . . . . .
1996/30. Question of enforced disappearances . . . . . . .
1996/31. Human rights and forensic science . . . . . . . .
1996/32. Human rights in the administration of justice,
in particular of children and juveniles in
detention . . . . . . . . . . . . . . . . . . . .
1996/33. Torture and other cruel, inhuman or degrading
treatment or punishment . . . . . . . . . . . . .
1996/34. Independence and impartiality of the judiciary,
jurors and assessors and the independence
of lawyers . . . . . . . . . . . . . . . . . . . .
1996/35. The right to restitution, compensation and
rehabilitation for victims of grave violations
of human rights and fundamental freedoms . . . . .
1996/36. Question of human rights and states of emergency .
1996/37. Question of a draft optional protocol to the
Convention against Torture and Other Cruel
Inhuman or Degrading Treatment or Punishment . . .
1996/38. Working Group of the Commission on Human Rights
to elaborate a draft declaration in accordance
with paragraph 5 of General Assembly
resolution 49/214 of 23 December 1994 . . . . . .
1996/39 International Decade of the World’s
Indigenous People . . . . . . . . . . . . . . . .
1996/40. Report of the Working Group on Indigenous
Populations of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities . .
1996/41. A permanent forum for indigenous people in the
United Nations system . . . . . . . . . . . . . .
E/CN.4/1996/L.11/Add.1
page 3
1996/21. Measures to combat contemporary forms of racism, racial
discrimination, xenophobia and related intolerance
The Commission on Human Rights,
Reaffirming its resolution 1995/12 of 24 February 1995,
Recalling General Assembly resolution 50/135 of 21 December 1995,
Recalling also resolution 1995/4 of 18 August 1995 of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities,
Mindful of General Assembly resolution 45/105 of 14 December 1990, in
which the Assembly declared once again that all forms of racism and racial
discrimination, particularly in their institutionalized form, such as
apartheid, or resulting from official doctrines of racial superiority or
exclusivity, were among the most serious violations of human rights in the
contemporary world and must be combated by all available means,
Bearing in mind the outcome of the World Conference on Human Rights held
in Vienna from 14-25 June 1993 and, in particular, the attention given in the
Vienna Declaration and Programme of Action (A/CONF.157/23) to the elimination
of racism, racial discrimination, xenophobia and other forms of intolerance,
Aware that racism, being one of the exclusionist phenomena plaguing many
societies, requires resolute action and cooperation for its eradication,
Mindful of the report of the Secretary-General on measures to combat
racism and racial discrimination, submitted to the Sub-Commission at its
forty-fourth session (E/CN.4/Sub.2/1992/11),
Noting the final report on freedom of opinion and expression submitted to
the Sub-Commission at its forty-fourth session by the Special Rapporteurs,
Mr. Louis Joinet and Mr. Danilo Türk (E/CN.4/Sub.2/1992/9), in which the
Special Rapporteurs recall that, under international law, racism is not an
opinion but an offence,
Having examined the report of the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance
(E/CN.4/1996/72 and Add.1),
Noting with regret that addenda 2, 3 and 4 to the Special Rapporteur’s
report were not available in time for due consideration,
Observing that the manifestations of contemporary forms of racism, racial
discrimination, xenophobia and related intolerance bode ill for the
international community; that racist propaganda and incitement to racial
hatred are spreading; and that racism is taking increasingly violent forms,
E/CN.4/1996/L.11/Add.1
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Deeply concerned that, despite efforts, racism, racial discrimination,
anti-semitism, xenophobia and related intolerance, as well as acts of racist
violence, continue to persist and even grow in magnitude, incessantly adopting
new forms, including new tendencies to establish policies based on racial,
religious, ethnic, cultural and national superiority or exclusivity,
Conscious of the fundamental difference between, on the one hand, racism
and racial discrimination as an institutionalized governmental policy or
resulting from official doctrines of racial superiority or exclusivity and, on
the other hand, other manifestations of racism, racial discrimination,
xenophobia and related intolerance taking place in segments of many societies
and perpetrated by individuals or groups, some of which are directed against
migrant workers and their families,
Conscious also that impunity for crimes motivated by racist and
xenophobic attitudes plays a role in weakening the rule of law and tends to
encourage the recurrence of such crimes,
Underlining the importance of eliminating the growing manifestations of
racism, racial discrimination and xenophobia taking place in segments of many
societies and of creating conditions to foster greater harmony and tolerance
within societies,
1. Takes note of the reports submitted by the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related
intolerance;
2. Expresses its full support and appreciation for the work of the
Special Rapporteur and for its continuation;
3. Commends those States that have so far invited and received the
Special Rapporteur, and invites them to examine carefully the recommendations
contained in his reports, with a view to their possible implementation;
4. Expresses its profound concern at and unequivocal condemnation of
all forms of racism and racial discrimination and all racist violence,
including related acts of random and indiscriminate violence;
5. Expresses its deep concern at and condemnation of manifestations of
racism and racial discrimination against migrant workers and other vulnerable
groups in many societies;
6. Categorically condemns any role played by some print, audiovisual
or electronic media in inciting acts of violence motivated by racial hatred;
E/CN.4/1996/L.11/Add.1
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7. Supports the efforts of Governments in taking measures aimed at the
eradication of all forms of racism, racial discrimination, xenophobia and
related intolerance;
8. Calls upon all Governments to enact and enforce legislation to
prevent and sanction acts of racism and racial discrimination;
9. Decides to extend for a period of three years the mandate of the
Special Rapporteur to examine incidents of contemporary forms of racism,
racial discrimination, any form of discrimination, inter alia against Blacks,
Arabs and Muslims, xenophobia, negrophobia, anti-semitism and related
intolerance, as well as governmental measures to overcome them, and to report
on these matters on a yearly basis to the Commission, beginning at its
fifty-third session;
10. Also requests the Special Rapporteur to continue his exchange of
views with the relevant mechanisms and treaty bodies within the United Nations
system in order to enhance further their effectiveness and mutual cooperation;
11. Calls upon all Governments, intergovernmental organizations and
other relevant organizations of the United Nations system, as well as
non-governmental organizations, to supply information to the Special
Rapporteur;
12. Urges all Governments to cooperate fully with the
Special Rapporteur with a view to enabling him to fulfil his mandate;
13. Requests the Special Rapporteur to make the fullest use of all
additional sources of information, including country visits and the evaluation
of mass media, and to elicit the responses of Governments with regard to
allegations;
14. Encourages the Special Rapporteur in close consultation with
Governments, relevant organizations of the United Nations system, other
intergovernmental organizations and non-governmental organizations to present
further recommendations concerning human rights education with a view to
preventing actions giving rise to racism and racial discrimination, xenophobia
and related intolerance;
15. Invites all Governments to take, where possible, measures to
provide assistance to and rehabilitation of victims of acts of racism, racial
discrimination, xenophobia and related intolerance;
E/CN.4/1996/L.11/Add.1
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16. Regrets that the Special Rapporteur has again encountered
difficulties in his efforts to fulfil his mandate, owing to the lack of
necessary resources;
17. Decides to defer the consideration of addenda 2, 3 and 4 to the
report of the Special Rapporteur until its fifty-third session;
18. Requests the Secretary-General to provide, without any further
delay, the Special Rapporteur with all the necessary assistance and resources
to carry out his mandate and enable him to submit an interim report to the
General Assembly at its fifty-first session and a comprehensive report to the
Commission at its fifty-third session;
19. Decides to continue the consideration of this question at its
fifty-third session under the agenda item entitled "Implementation of the
Programme of Action for the Third Decade to Combat Racism and Racial
Discrimination" as a matter of priority;
20. Recommends the following draft decision to the Economic and Social
Council for adoption:
"The Economic and Social Council, taking note of Commission on Human
Rights resolution 1996/21 of 19 April 1996, approves the Commission’s
decision to extend for a period of three years the mandate of the
Special Rapporteur to examine incidents of contemporary forms of racism,
racial discrimination, any form of discrimination, inter alia against
Blacks, Arabs and Muslims, xenophobia, negrophobia, anti-semitism and
related intolerance, as well as governmental measures to overcome them,
and to report on these matters to the Commission on a yearly basis,
beginning at its fifty-third session, and the Commission’s request that
the Secretary-General provide the Special Rapporteur with all the
necessary assistance and resources in carrying out his mandate."
51st meeting
19 April 1996
[Adopted without a vote. See chap. XII.]
1996/22. Effective implementation of international instruments
on human rights, including reporting obligations under
international instruments on human rights
The Commission on Human Rights,
Recalling General Assembly resolution 50/170 of 22 December 1995 and its
own resolution 1995/92 of 8 March 1995, as well as other relevant resolutions,
E/CN.4/1996/L.11/Add.1
page 7
Recalling also the relevant paragraphs of the Vienna Declaration and
Programme of Action,
Welcoming the call in the Beijing Declaration and Platform for Action
both for intensified efforts to integrate the equal status and the human
rights of women and girls into the mainstream of United Nations system-wide
activities and to address these issues regularly and systematically throughout
relevant bodies and mechanisms, and for the related actions to be taken by,
inter alia, the human rights treaty bodies,
Noting the recommendations proposed by the expert group on the
integration of gender perspectives into United Nations human rights activities
and programmes, which met at Geneva from 3 to 7 July 1995,
Reaffirming that the full and effective implementation of United Nations
human rights instruments is of major importance to the efforts of the
Organization, pursuant to the Charter of the United Nations and the Universal
Declaration of Human Rights, to promote universal respect for and observance
of human rights and fundamental freedoms,
Considering that the effective functioning of treaty bodies established
pursuant to United Nations human rights instruments is indispensable for the
full and effective implementation of such instruments,
Conscious of the importance of coordination of human rights promotion and
protection activities of United Nations organs and bodies active in the field
of human rights,
Noting with interest the initiatives taken by a number of treaty bodies
to elaborate measures, within their mandates, with a view to preventing the
occurrence, or recurrence, of serious human rights violations,
Recalling the conclusions and recommendations of the five meetings of
persons chairing the human rights treaty bodies held from 1988 to 1994,
Recalling also that the General Assembly, in its resolution 50/170,
reaffirmed its responsibility to ensure the proper functioning of treaty
bodies established pursuant to instruments adopted by the General Assembly
and, in this connection, further reaffirmed the importance of:
(a) Ensuring the effective functioning of the periodic reporting by
States parties to these instruments;
(b) Securing sufficient financial, human and information resources to
overcome existing difficulties with their effective functioning;
E/CN.4/1996/L.11/Add.1
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(c) Promoting greater efficiency and effectiveness through better
coordination of the activities of the United Nations bodies active in the
field of human rights, taking into account the need to avoid unnecessary
duplication and overlapping of their mandates and tasks;
(d) Addressing questions of both reporting obligations and financial
implications whenever elaborating any further instruments on human rights,
Bearing in mind that the High Commissioner for Human Rights has, in
conformity with General Assembly resolution 48/141 of 20 December 1993, the
responsibility, inter alia, to coordinate human rights promotion and
protection activities throughout the United Nations system,
1. Welcomes the report of the sixth meeting of the persons chairing
the human rights treaty bodies held at Geneva from 18 to 22 September 1995
(A/50/505, annex), and takes note of its conclusions and recommendations;
2. Emphasizes the need to ensure financing and adequate staff and
information resources for the operations of the human rights treaty bodies,
and with this in mind:
(a) Reiterates its request that the Secretary-General provide adequate
resources in respect of each treaty body;
(b) Calls upon the Secretary-General to make the most efficient use of
existing resources and to seek the resources necessary to give the treaty
bodies adequate administrative support, access to technical expertise and
access to appropriate databases and on-line information services;
(c) Requests that the Secretary-General report on this question to the
Commission on Human Rights at its fifty-third session;
3. Takes note of the potential benefits from the development of a
full-text information retrieval and database system for the Committee on the
Rights of the Child;
4. Urges States parties to notify without delay the Secretary-General,
as depositary of the International Convention on the Elimination of All Forms
of Racial Discrimination and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, of their acceptance of the
amendments approved by the States parties and the General Assembly;
5. Welcomes the continuing efforts by the treaty bodies and the
Secretary-General, within their respective spheres of competence, aimed at
streamlining, rationalizing, rendering more transparent and otherwise
improving reporting procedures;
E/CN.4/1996/L.11/Add.1
page 9
6. Urges the human rights treaty bodies and the seventh meeting of the
persons chairing them to continue to examine, on a priority basis, ways of
reducing the duplication of reporting required under the different instruments
without impairing the quality of reporting and of generally reducing the
reporting burden on Member States, including through:
(a) Identifying where cross-referencing can be used in report writing;
(b) Recommending, where appropriate, the designation of specific
national administrative units to coordinate reports to all treaty bodies;
(c) Establishing coordination between the treaty bodies and the
International Labour Organization to identify overlap between their respective
instruments and conventions;
(d) Considering the utility of single comprehensive reports and of
replacing periodic reports with specifically tailored reports and thematic
reports;
and to report on the above for consideration by the Commission on
Human Rights;
7. Urges States parties to contribute, individually and through
meetings of States parties, to identifying and implementing ways of further
streamlining, rationalizing, avoiding duplication in and otherwise improving
reporting procedures;
8. Requests the High Commissioner for Human Rights, in accordance with
his mandate, to encourage the independent expert to finalize his interim
report (A/CONF.157/PC/62/Add.11/Rev.1) on possible long-term approaches to
enhancing the effective operation of the treaty system in time for the
final report to be considered by the Commission on Human Rights at its
fifty-third session, and requests the Secretary-General to give the
independent expert all necessary assistance, from within existing resources;
9. Also requests the High Commissioner for Human Rights to ensure,
from within existing resources, that the revised United Nations Manual on
Human Rights Reporting (United Nations publication, Sales No. E.91.XIV.1) will
be available in all official languages at the earliest opportunity and that
due regard is paid to the recommendations concerning the Manual made by the
fifth meeting of the persons chairing the human rights treaty bodies;
10. Expresses concern about the increasing backlog of reports on
implementation submitted by States parties to United Nations instruments on
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human rights and about delays in consideration of reports by the treaty
bodies, and again urges States parties to make every effort to meet their
reporting obligations;
11. Invites States parties which have been unable to comply with the
requirements to submit their initial report to avail themselves of technical
assistance;
12. Encourages the efforts of the human rights treaty bodies to
examine, according to the mandated human rights treaty reporting procedures,
the progress made in achieving the realization of human rights treaty
undertakings by all States parties, without exception;
13. Urges States parties to address, as a matter of priority, at their
scheduled meetings, the issue of States parties consistently not complying
with their reporting obligations;
14. Also urges all States parties whose reports have been examined by
treaty bodies to provide adequate follow-up to the observations and final
comments of the treaty bodies on their reports;
15. Stresses the usefulness of technical assistance and advisory
services in helping States parties to comply with their obligations pursuant
to United Nations human rights instruments and further to this end:
(a) Invites the treaty bodies to continue to identify possibilities for
States parties to benefit from such technical assistance and advisory
services;
(b) Requests that the High Commissioner for Human Rights, in fulfilling
his mandate, as set forth in General Assembly resolution 48/141, continue to
provide advisory services and technical assistance at the request of the State
concerned, and whenever possible in cooperation with other relevant agencies;
16. Welcomes the recommendation by the persons chairing the human
rights treaty bodies that treaty bodies urge each State party to translate,
publish and make available in its territory the full text of the concluding
observations on their reports to the treaty monitoring bodies, and requests
the High Commissioner for Human Rights to endeavour to ensure that recent
reports and the summary records of committee discussions pertaining to them,
as well as concluding observations and final comments of the treaty bodies,
continue to be made available in the United Nations information centres in the
countries submitting those reports;
E/CN.4/1996/L.11/Add.1
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17. Also welcomes the contribution to the work of the human rights
treaty bodies made by the specialized agencies and other United Nations
bodies, and invites the specialized agencies, other United Nations bodies and
the human rights treaty bodies to pursue further cooperation among themselves,
bearing in mind the responsibilities of the High Commissioner for Human
Rights;
18. Invites the High Commissioner for Human Rights, in accordance with
his mandate, as contained in General Assembly resolution 48/141, to consult
the human rights treaty bodies with regard to his efforts to promote
cooperation with regional intergovernmental organizations for the promotion
and protection of human rights;
19. Recognizes the important role played by non-governmental
organizations in the effective implementation of all human rights instruments,
and encourages the exchange of reliable information between the treaty bodies
and such organizations;
20. Welcomes the emphasis by the persons chairing the human rights
treaty bodies that the enjoyment of the human rights of women should be
closely monitored by each treaty body within the competence of its mandate,
and recommends that the reporting guidelines adopted by each treaty body be
amended to identify related gender-specific information to be addressed by
States parties in their reports;
21. Also welcomes all appropriate measures the human rights treaty
bodies may take, within their mandates, in response to situations of massive
human rights violations, including bringing those violations to the attention
of the High Commission for Human Rights, as well as the Secretary-General and
the bodies of the United Nations competent in the field of human rights, and
requests the High Commissioner, acting within his mandate, to coordinate and
consult throughout the United Nations system in this regard;
22. Requests the Secretary-General to report to the Commission at its
fifty-third session on measures taken to implement the present resolution and
on obstacles to its implementation;
23. Decides to consider the question on a priority basis at its
fifty-third session under the agenda item entitled "Effective functioning of
bodies established pursuant to United Nations human rights instruments".
51st meeting
19 April 1996
[Adopted without a vote. See chap. XIV.]
E/CN.4/1996/L.11/Add.1
page 12
1996/23. Implementation of the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination
Based on Religion or Belief
The Commission on Human Rights,
Recalling that all States have pledged themselves, under the Charter of
the United Nations, to promote and encourage universal respect for and
observance of human rights and fundamental freedoms for all without
distinction as to race, sex, language or religion,
Recognizing that these rights derive from the inherent dignity of the
human person,
Emphasizing that the right to freedom of thought, conscience, religion
and belief is far-reaching and profound and that it encompasses freedom of
thought on all matters, personal conviction and the commitment to religion or
belief, whether manifested individually or in community with others,
Recalling article 18 of the International Covenant on Civil and Political
Rights,
Reaffirming that discrimination against human beings on the grounds of
religion or belief constitutes an affront to human dignity and a disavowal of
the principles of the Charter of the United Nations,
Recalling General Assembly resolution 36/55 of 25 November 1981, by which
it proclaimed the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief,
Taking note of General Assembly resolution 50/183 of 22 December 1995, in
which it requested the Commission on Human Rights to continue its
consideration of measures to implement the Declaration and requested the
Special Rapporteur on the question of religious intolerance to submit an
interim report to the Assembly at its fifty-first session,
Reaffirming the call of the World Conference on Human Rights for all
Governments to take all appropriate measures in compliance with their
international obligations and with due regard to their respective legal
systems to counter intolerance and related violence based on religion or
belief, including practices of discrimination against women and the
desecration of religious sites,
Recalling that the World Conference on Human Rights reaffirmed the solemn
commitment of all States to fulfil their obligations to promote universal
respect for, and observance and protection of, all human rights and
fundamental freedoms for all in accordance with the Charter of the
E/CN.4/1996/L.11/Add.1
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United Nations, other instruments relating to human rights and international
law, and stated that the universal nature of these rights and freedoms is
beyond question.
Noting with concern measures and practices in a number of countries that
may foster intolerance, including religious intolerance, in society,
Bearing in mind the need for all Governments to cooperate with the
Special Rapporteur on religious intolerance to enable him to carry out his
mandate fully and taking note in this regard of the importance attached by the
Special Rapporteur to furthering dialogue with Governments, inter alia through
visits made in situ,
Welcoming in this context the fact that a number of Governments have
facilitated visits by the Special Rapporteur,
Emphasizing that non-governmental organizations and religious bodies and
groups at every level have an important role to play in the promotion of
tolerance and the protection of freedom of religion or belief,
Conscious of the importance of education in ensuring tolerance of
religion and belief,
Alarmed that serious instances of intolerance, discrimination and acts of
violence based on religion or belief, including acts of violence, intimidation
and coercion motivated by religious extremism, occur in many parts of the
world and threaten the enjoyment of human rights and fundamental freedoms,
Deeply concerned that, as reported by the Special Rapporteur, the rights
violated on religious grounds include the right to life, the right to physical
integrity and security of person, the right to freedom of movement and the
right to freedom of opinion and expression,
1. Reaffirms that freedom of thought, conscience, religion and belief
is a human right derived from the inherent dignity of the human person and
guaranteed to all without discrimination;
2. Takes note of the report of the Special Rapporteur on the question
of religious intolerance (E/CN.4/1996/95 and Add.1 and 2);
3. Notes with grave concern the continuing instances of hatred and
intolerance including acts of violence based upon religious intolerance, as
identified by the Special Rapporteur, which threaten all human rights and
fundamental freedoms;
E/CN.4/1996/L.11/Add.1
page 14
4. Condemns all such acts motivated by religious intolerance in all
its forms, including practices which violate the human rights of women and
discriminate against women;
5. Urges States to ensure that their constitutional and legal systems
provide adequate and effective guarantees of freedom of thought, conscience,
religion and belief to all without discrimination, including the provision of
effective remedies in cases where the right to freedom of religion or belief
is violated;
6. Also urges States to ensure, in particular, that no one within
their jurisdiction is, because of their religion or belief, deprived of the
right to life or the right to liberty and security of person, or is subjected
to torture or arbitrary arrest or detention;
7. Further urges all States, in conformity with international
instruments of human rights, to take all necessary measures to combat hatred,
intolerance and acts of violence, intimidation and coercion motivated by
religious intolerance, and to encourage understanding, tolerance and respect
in matters relating to freedom of religion or belief;
8. Calls upon States to promote and enhance tolerance in matters
relating to religion or belief, and to ensure that the values of pluralism,
respect for religious diversity and non-discrimination are promoted
effectively, through appropriate measures such as legislation which does not
have the effect of fostering intolerance and discrimination in society;
9. Emphasizes that, as underlined by the Human Rights Committee,
restrictions on the freedom to manifest religion or belief are permitted only
if limitations are prescribed by law, are necessary to protect public safety,
order, health or morals, or the fundamental rights and freedoms of others, and
are applied in a manner that does not vitiate the right to freedom of thought,
conscience and religion;
10. Urges States to ensure that, in the course of their official
duties, members of law enforcement bodies, civil servants, educators and other
public officials respect different religions and beliefs and do not
discriminate against persons professing other religions or beliefs;
11. Calls upon all States to recognize, as provided in the Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based on
E/CN.4/1996/L.11/Add.1
page 15
Religion or Belief, the right of all persons to worship or assemble in
connection with a religion or belief and to establish and maintain places for
those purposes;
12. Expresses its grave concern at attacks upon religious places, sites
and shrines, and calls upon all States, in accordance with their national
legislation and in conformity with international human rights standards, to
exert their utmost efforts to ensure that such places, sites and shrines are
fully respected and protected;
13. Considers it desirable to enhance the promotional and public
information activities of the United Nations in matters relating to freedom of
religion or belief and to ensure that appropriate measures are taken to this
end, including the dissemination, as a matter of high priority, of the text of
the Declaration by United Nations information centres, as well as by other
interested bodies;
14. Encourages the continued efforts on the part of the Special
Rapporteur to examine incidents and governmental actions in all parts of the
world that are incompatible with the provisions of the Declaration and to
recommend remedial measures as appropriate;
15. Stresses the need for the Special Rapporteur to apply a gender
perspective in the reporting process, including in information collection and
in recommendations;
16. Invites the Special Rapporteur, within the terms of his mandate and
in the context of recommending remedial measures, to take into account the
experience of various States as to which measures are most effective in
promoting freedom of religion and belief and countering all forms of
intolerance;
17. Encourages Governments to cooperate with the Special Rapporteur so
as to enable him to fulfil his mandate even more effectively, inter alia by
responding to requests for views and comments and by giving serious
consideration to inviting him to visit their countries;
18. Invites the Special Rapporteur, in carrying out his mandate, to
continue to bear in mind the need to be able to respond effectively to
credible and reliable information that comes before him, to seek the views and
comments of the Government concerned on any information which he intends to
include in his report, and to continue to carry out his work with discretion
and independence;
E/CN.4/1996/L.11/Add.1
page 16
19. Encourages Governments, when seeking the assistance of the
United Nations programme of advisory services and technical assistance in the
field of human rights, to consider, where appropriate, including requests for
assistance in the field of promotion and protection of the right to freedom of
thought, conscience and religion;
20. Welcomes and encourages the efforts of non-governmental
organizations to promote the implementation of the Declaration, and invites
them to consider what further contribution they could make to its
implementation and dissemination in all parts of the world;
21. Requests the Secretary-General to provide all necessary assistance
to the Special Rapporteur to enable him to carry out his mandate, to submit an
interim report to the General Assembly at its fifty-first session and to
report to the Commission at its fifty-third session;
22. Decides to continue its consideration of the question at its
fifty-third session under the item entitled "Implementation of the Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief".
51st meeting
19 April 1996
[Adopted without a vote. See chap. XVIII.]
1996/24. Traffic in women and girls
The Commission on Human Rights,
Reaffirming the principles set forth in the Universal Declaration of
Human Rights, the Convention on the Elimination of All Forms of Discrimination
against Women, the International Covenants on Human Rights, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the Convention on the Rights of the Child and the Declaration on the
Elimination of Violence against Women,
Recalling that the Vienna Declaration and Programme of Action, adopted by
the World Conference on Human Rights on 25 June 1993, affirmed the human
rights of women and the girl child as an inalienable, integral and indivisible
part of universal human rights,
Welcoming the Programme of Action of the International Conference on
Population and Development, held at Cairo from 5 to 13 September 1994, which,
inter alia, called upon all Governments to prevent all international
trafficking in migrants, especially for the purpose of prostitution, and for
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page 17
the adoption by Governments of both receiving countries and countries of
origin of effective sanctions against those who organize undocumented
migration, exploit undocumented migrants or engage in trafficking in
undocumented migrants, especially those who engage in any form of
international traffic in women and children,
Recalling also the recognition by the World Summit for Social
Development, held at Copenhagen from 6 to 12 March 1995, of the danger to
society of the trafficking in women and children,
Welcoming also the initiatives taken by the Commission on Crime
Prevention and Criminal Justice and the Ninth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, held at Cairo from
29 April to 10 May 1995, towards criminalizing clandestine traffic in
undocumented migrants,
Concurring with the conclusion in the Platform for Action of the
Fourth World Conference on Women, held at Beijing from 4 to 15 September 1995,
that the effective suppression of trafficking in women and girls for the sex
trade is a matter of pressing international concern,
Recalling its resolution 1995/25 of 3 March 1995, General Assembly
resolution 50/167 of 22 December 1995 and resolutions 39/6 of 29 March 1995
and 40/4 of 22 March 1996 of the Commission on the Status of Women,
Acknowledging the work done by intergovernmental organizations, such as
the International Organization for Migration, and non-governmental
organizations in compiling information on the scale and complexity of the
problem of trafficking, in providing shelters for trafficked women and
children and in effecting their voluntary repatriation to their countries of
origin,
Noting with concern the increasing number of women and girl children from
developing countries and from some countries with economies in transition who
are being victimized by traffickers, and acknowledging that the problem of
trafficking also victimizes young boys,
Convinced of the need to eliminate all forms of sexual violence and
sexual exploitation and trafficking, including for prostitution and other
forms of commercial sex, which are violations of the human rights of women and
girl children and are incompatible with the dignity and worth of the human
person,
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page 18
Realizing the urgent need for the adoption of effective measures
nationally, regionally and internationally to protect women and girl children
from this nefarious traffic,
1. Notes with appreciation the report of the Secretary-General on the
traffic in women and girls (A/50/369);
2. Calls upon Governments of countries of origin, transit and
destination, and regional and international organizations, as appropriate, to
implement the Platform for Action of the Fourth World Conference on Women by:
(a) Considering the ratification and enforcement of international
conventions on trafficking in persons and on slavery;
(b) Taking appropriate measures to address the root factors, including
external factors, that encourage trafficking in women and girls for
prostitution and other forms of commercialized sex, forced marriages and
forced labour in order to eliminate trafficking in women, including by
strengthening existing legislation with a view to providing better protection
of the rights of women and girls and to punishing the perpetrators, through
both criminal and civil measures;
(c) Stepping up cooperation and concerted action by all relevant law
enforcement authorities and institutions with a view to dismantling national,
regional and international networks in trafficking;
(d) Allocating resources to provide comprehensive programmes designed
to heal and rehabilitate into society victims of trafficking, including
through job training, legal assistance, and confidential health care and
taking measures to cooperate with non-governmental organizations to provide
for the social, medical and psychological care of the victims of trafficking;
(e) Developing educational and training programmes and policies and
considering enacting legislation aimed at preventing sex tourism and
trafficking, giving special emphasis to the protection of young women and
children;
3. Invites Governments to accord standard minimum humanitarian
treatment to trafficked persons, consistent with human rights standards;
4. Invites the United Nations High Commissioner for Human Rights, in
addressing the obstacles to the realization of the human rights of women, in
particular through his contacts with the Special Rapporteur on violence
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page 19
against women, its causes and consequences and the Special Rapporteur on the
sale of children, child prostitution and child pornography, to include the
traffic in women and girls among his priority concerns;
5. Encourages the Centre for Human Rights to include the issue of
traffic in women and girls in its programme of work under its advisory,
training and information activities, with a view to providing assistance to
Governments, upon their request, in instituting preventive measures against
trafficking through education and appropriate information campaigns;
6. Requests the Sub-Commission on Prevention of Discrimination and
Protection of Minorities to encourage its Working Group on Contemporary Forms
of Slavery to continue to address the issue of the traffic in women and girls
under its draft programme of action on the traffic in persons and the
exploitation of the prostitution of others;
7. Invites relevant intergovernmental and non-governmental
organizations to provide advisory services to Governments, upon their request,
in planning and setting up rehabilitation programmes for victims of
trafficking and in training, particularly human rights training for personnel
who will be directly involved in the implementation of these programmes;
8. Requests the Secretary-General to provide the Commission, at its
fifty-third session, with his report to the General Assembly at its
fifty-first session on the implementation of General Assembly
resolution 50/167;
9. Decides to continue its consideration of the question at its
fifty-third session under the relevant agenda item.
51st meeting
19 April 1996
[Adopted without a vote. See chap. XV.]
1996/25. Work of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities
The Commission on Human Rights,
Reaffirming its resolution 1995/26 of 3 March 1995,
Recalling the terms of reference of the Sub-Commission as defined by the
Commission and its particular responsibilities established, inter alia, in
Commission resolutions 8 (XXIII) of 16 March 1967 and 17 (XXXVII) of
10 March 1981, Economic and Social Council resolutions 1235 (XLII) of
6 June 1967 and 1503 (XLVIII) of 27 May 1970, and the relevant resolutions of
the General Assembly,
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page 20
Recalling also its resolution 1992/66 of 4 March 1992, in which it
provided certain guidelines for the work of the Sub-Commission, and Economic
and Social Council resolution 1991/32 of 31 May 1991 on strengthening the
independence of the expert members of the Sub-Commission,
Taking note of the report of the working group on the methods of work
of the Sub-Commission (E/CN.4/Sub.2/1994/3) and of Sub-Commission
decision 1994/117 of 26 August 1994,
Taking note also of the reports of the Sub-Commission and its Chairman on
the forty-seventh session (E/CN.4/1996/2-E/CN.4/Sub.2/1995/51 and
E/CN.4/1996/81),
Expressing its appreciation of the positive contribution made by the
Sub-Commission to the promotion and protection of human rights,
Convinced that the Sub-Commission, as a body of independent experts, has
an important complementary role to play in providing advice to the Commission
on Human Rights, inter alia, with regard to human rights violations and new
developments in the field of human rights,
Mindful that the Sub-Commission also provides a forum for
non-governmental organizations in consultative status with the Economic and
Social Council and that they can make important contributions to the work of
the Sub-Commission in conformity with the principles embodied in Council
resolutions 1296 (XLIV) of 23 May 1968,
Convinced that the impartiality and objectivity of the Sub-Commission and
the independence of its members and their alternates are essential for its
credibility and effectiveness,
Fully aware that both the credibility and the effectiveness of the
Sub-Commission as an expert human rights body are basically dependent on
Governments nominating and the Commission electing as members and alternates
of the Sub-Commission only individuals who possess genuine expertise in the
field of human rights and who are able to act independently of their
Governments and devote the time necessary to their mandate,
Convinced that studies commissioned by the Economic and Social Council to
members of the Sub-Commission should be carried out by members of the
Sub-Commission or their alternates, in cooperation with their consultants, if
need be, and the Secretariat, and that such studies need to be given thorough
consideration and adequate follow-up,
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page 21
Noting with appreciation the ongoing dialogue of the Sub-Commission with
the Committee on the Elimination of Racial Discrimination and the need for
thorough preparation for such interaction,
Stressing the need for enhanced cooperation between the Commission and
the Sub-Commission and recalling the continuing importance for the Commission
to give guidance to the Sub-Commission, and for the Sub-Commission to follow
that guidance, in the light of the mandate already granted to it, in order to
ensure complementarity and avoid duplication,
1. Reaffirms that the Sub-Commission on Prevention of Discrimination
and Protection of Minorities can best assist the Commission on Human Rights by
providing it with recommendations based on the different views and
perspectives of independent experts, which should be appropriately reflected
in the report of the Sub-Commission, as well as in the expert studies carried
out under its auspices;
2. Calls upon States to nominate as members and alternates persons
meeting the criteria of independent experts, who should discharge in that
capacity their functions as members of the Sub-Commission, and to respect
fully the independence of elected members and alternates;
3. Requests States nominating candidates for the Sub-Commission, and
the Secretary-General, to make nominations known sufficiently early to enable
the members of the Commission to assess thoroughly the qualifications of the
nominees;
4. Reaffirms that one of the tasks of the Sub-Commission is to
undertake a thorough examination of information concerning alleged human
rights violations, in accordance with its mandate, as well as the presentation
of the results of the examination to the Commission;
5. Invites the Sub-Commission to continue to give due regard to new
developments in the field of human rights;
6. Calls upon the Sub-Commission, in the fulfilment of its functions
and duties, to observe the resolutions and decisions of the Commission and the
Economic and Social Council regarding its work;
7. Takes note of Sub-Commission decision 1995/113 of 24 August 1995 to
continue its practice of considering item 6 of its agenda, entitled "Question
of the violation of human rights and fundamental freedoms, including policies
of racial discrimination and segregation and of apartheid, in all countries,
with particular reference to colonial and other dependent territories",
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page 22
starting on the day after the adoption of the agenda, and welcomes
Sub-Commission decision 1995/115 of 24 August 1995 to consider at its
forty-eighth session how best to carry out its mandate in examining violations
of human rights under this agenda item;
8. Also takes note of Sub-Commission decision 1995/112 of
24 August 1995 to adopt, on an experimental basis, new procedures according to
which the exercise of the right of reply will be restricted to the end of the
debate on the respective agenda item and allegations of violations of human
rights made under agenda item 6 cannot be repeated under any other agenda
item;
9. Requests the Sub-Commission thoroughly to review in an effective
manner its mandate and working methods with a view to improving its efficiency
further and avoiding duplication with the Commission and it mechanisms and, in
this context, taking into account the views of Member States, to give
particular attention to:
(a) Further rationalization of its agenda;
(b) Selection of subjects for studies, as well as the commissioning,
number, treatment and time-frame of studies and reports;
(c) The functioning and mandate of its mechanisms;
(d) The need to focus on the implementation of existing human rights
standards and mechanisms;
(e) The consideration of alleged violations of human rights;
(f) The need for enhanced cooperation with mechanisms of the Commission
and, within their competence, with all relevant bodies including the human
rights treaty bodies; and
(g) The composition of the Sub-Commission and criteria for membership;
10. Takes note of Sub-Commission decision 1995/114 of 24 August 1995 to
earmark part of its forty-eighth session for a closed exchange of views among
the experts and their alternates, and requests the Sub-Commission to devote a
portion of these closed meetings to consideration of the outcome of the review
of its mandate and working methods;
11. Decides to consider the report of the Sub-Commission on this issue
at its fifty-third session in the context of the review of the mandate and
working methods of the Sub-Commission;
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page 23
12. Requests the Secretary-General to continue to give strong support
to the Sub-Commission and, in particular, to ensure that Sub-Commission
documents are available in all official United Nations languages in good time
before the session;
13. Invites the Chairman of the Commission to inform the Sub-Commission
on the debate under this item;
14. Requests the Chairman of the Sub-Commission at its forty-eighth
session to report to the Commission at its fifty-third session on significant
aspects of the work of the Sub-Commission.
51st meeting
19 April 1996
[Adopted without a vote. See chap. XV.]
1996/26. Minimum humanitarian standards
The Commission on Human Rights,
Gravely concerned at the large number of situations where internal
violence causes extensive suffering and breaches of the principles of humanity
and undermines the protection of human rights,
Gravely concerned also at the conduct of groups and individuals who
resort to violence, thereby contributing to the suffering of innocent people
in such situations,
Conscious of the desirability of reaffirming the principles of humanity
and the dictates of the public conscience governing the behaviour of all
persons, groups and public authorities in all situations,
Emphasizing, in this regard, the need to identify and implement measures
to prevent violations and abuses of human rights and fundamental freedoms, in
particular the right to life and integrity of the individual,
Taking note of resolution 1994/26 of 26 August 1994 of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities and its own
resolution 1995/29 of 3 March 1995,
1. Recognizes the need to address principles applicable to situations
of internal violence and disturbance of all kinds in a manner consistent with
international law including the Charter of the United Nations;
2. Also recognizes in this regard the vital importance of the
existence in each country of appropriate national legislation for dealing with
such situations in a manner consistent with the rule of law;
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page 24
3. Invites all States to consider reviewing their national legislation
relevant to situations of public emergency with a view to ensuring that it
meets the requirements of the rule of law and that it does not involve
discrimination on the grounds of race, colour, sex, language, religion or
social origin;
4. Welcomes the offer by Denmark, Finland, Iceland, Norway and Sweden
to organize, in cooperation with the International Committee of the Red Cross,
a workshop to which governmental and non-governmental experts from all regions
will be invited to consider this issue and to make the outcome of the workshop
available for dissemination to Governments and intergovernmental and
non-governmental organizations;
5. Requests the Secretary-General to transmit the text of the present
resolution to Governments and intergovernmental and non-governmental
organizations for their comments on this matter for submission to the
Commission on Human Rights at its fifty-third session.
51st meeting
19 April 1996
[Adopted without a vote. See chap. XV.]
1996/27. Human rights of persons with disabilities
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 for economic and social progress and development,
Recalling the provisions of the International Covenant on Economic,
Social and Cultural Rights, the International Covenant on Civil and Political
Rights and the Convention on the Rights of the Child,
Welcoming the unreserved reaffirmation in the Vienna Declaration and
Programme of Action 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 and the Programme of
Action of the World Summit for Social Development of a pressing need for,
inter alia, the realization of the goals of full participation and equality
for persons with disabilities, as well as the recognition by the Fourth World
Conference on Women, held at Beijing from 4 to 15 September 1995, of the
special needs of women with disabilities,
E/CN.4/1996/L.11/Add.1
page 25
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,
Reaffirming the continuing validity and value of the World Programme of
Action concerning Disabled Persons, adopted by the General Assembly at its
forty-ninth session, which provides a firm and innovative framework for
promoting and protecting the human rights of persons with disabilities,
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 and
to ensure the full enjoyment of human rights by persons with disabilities,
Noting the reports by Mr. Leandro Despouy, Special Rapporteur of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities,
and the Centre for Human Rights publication Human Rights and Disabled Persons,
in which international mechanisms for the protection and promotion of the
human rights of persons with disabilities, such as an ombudsman, are proposed,
Concerned at the extent of disabilities caused by the indiscriminate use
of anti-personnel mines, particularly among civilian populations,
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, and 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;
E/CN.4/1996/L.11/Add.1
page 26
3. Urges non-governmental organizations active in the protection and
promotion of the human rights of persons with disabilities to provide relevant
information to the Committee on Economic, Social and Cultural Rights and to
the Centre for Human Rights;
4. 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
full enjoyment of those rights by persons with disabilities;
5. Urges all Governments to implement, with the cooperation and
assistance of organizations, the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities;
6. Invites Governments and the private sector to contribute to the
United Nations Voluntary Fund on Disability, with a view to providing
additional support for the implementation of the Standard Rules, within the
context of the World Programme of Action concerning Disabled Persons;
7. 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;
8. 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 and all human rights treaty monitoring
bodies to make use of it, where appropriate, in their future work;
9. Expresses grave concern that situations of armed conflict have
especially devastating consequences for the human rights of persons with
disabilities;
10. Expresses deep concern at the indiscriminate use of anti-personnel
mines, causing a high number of disabilities among civilian populations in
all continents, in particular among women and children, and calls upon all
Governments and United Nations agencies to extend their assistance in
alleviating the suffering of those victims;
11. Welcomes international efforts aimed at restricting and prohibiting
the use of anti-personnel mines, and calls upon Governments to contribute to
demining activities, thereby reducing the number of disabilities caused by
those weapons;
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page 27
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. Also requests the Secretary-General to make available to the
Commission at its fifty-third session the latest report of the Special
Rapporteur on disability of the Commission for Social Development on his
monitoring of the Standard Rules on the Equalization of Opportunity for
Persons with Disabilities;
14. Reaffirms its commitment to ensuring that the human rights of
persons with disabilities and their concerns for full participation in
community affairs continue to be addressed in all of its work;
15. Decides to continue to consider the question at its fifty-third
session under the agenda item entitled "Report of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities".
51st meeting
19 April 1996
[Adopted without a vote. See chap. XV.]
1996/28. Question of arbitrary detention
The Commission on Human Rights,
Recalling its resolution 1985/16 of 11 March 1985, in which it requested
the Sub-Commission on Prevention of Discrimination and Protection of
Minorities to analyse the available information concerning the practice of
administrative detention without charge or trial, and to make appropriate
recommendations on the use of this practice,
Reaffirming articles 3, 9, 10 and 29, as well as other relevant
provisions of the Universal Declaration of Human Rights,
Recalling articles 9, 10, 11 and 14 to 22 of the International Covenant
on Civil and Political Rights,
Having taken note, at its forty-seventh session, of the revised report of
Mr. Louis Joinet on the practice of administrative detention
(E/CN.4/Sub.2/1990/29 and Add.1) and of the recommendations formulated
therein,
Recalling its resolutions 1991/42 of 5 March 1991, 1992/28 of
28 February 1992, 1993/36 of 5 March 1993, 1994/32 of 4 March 1994 and 1995/59
of 7 March 1995,
E/CN.4/1996/L.11/Add.1
page 28
Bearing in mind that, in accordance with resolution 1991/42, the task of
the Working Group on Arbitrary Detention is to investigate cases of detention
imposed arbitrarily or otherwise inconsistently with the relevant
international standards set forth in the Universal Declaration of Human
Rights, or in the relevant international legal instruments accepted by the
States concerned,
Having considered the report of the Working Group (E/CN.4/1996/40
and Add.1),
Having heard the comments made during the fifty-second session of the
Commission,
1. Takes note of the work of the Working Group on Arbitrary Detention
and its efforts to revise its methods of work, and underlines the initiatives
it has taken to strengthen cooperation and dialogue with States, and the new
cooperation with all those concerned by the cases submitted to it for
consideration, in accordance with its mandate;
2. Takes note also of the report of the Working Group (E/CN.4/1996/40
and Add.1);
3. Requests the Working Group to continue, in discharging its mandate,
to seek and gather information from Governments and intergovernmental and
non-governmental organizations, as well as from the individuals concerned,
their families or their legal representatives;
4. Also requests the Working Group, which in conformity with
resolution 1991/42, has a mandate to investigate cases of detention imposed
arbitrarily or otherwise inconsistently with the relevant international
standards set forth in the Universal Declaration of Human Rights or in the
relevant international legal instruments accepted by the States concerned, to
take duly into consideration the distinction between detention and
imprisonment made, inter alia, by General Assembly resolution 43/173 of
9 December 1988, and to submit to the Commission, at its fifty-third session,
its conclusions and recommendations on this question;
5. Further requests the Working Group, in discharging its mandate, to
apply the treaties relevant to the case under consideration only to the States
which are parties to them;
6. Invites the Working Group to continue to take account of the need
to carry out its task with discretion, objectivity, impartiality and
independence, within the framework of its mandate, and invites the experts to
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page 29
continue to perform their task with rigour, in the light of the very specific
nature of their mandate, which is notably to investigate cases, and to respond
effectively to credible and reliable information that comes before them;
7. Emphasizes the need for the Working Group to take
gender-specificity into account in its reports, including in the collection of
information and in its recommendations;
8. Takes note in this context of the importance that the Working Group
attaches to coordination with other mechanisms of the Commission on Human
Rights and with the treaty monitoring bodies, as well as to the strengthening
of the role of the Centre for Human Rights in such coordination, and
encourages the Working Group to continue to avoid any unnecessary duplication;
9. Expresses its profound thanks to Governments which have extended
their cooperation to the Working Group and responded to its requests for
information, and asks all Governments concerned to demonstrate the same spirit
of cooperation;
10. Welcomes the fact that the Working Group has been informed of the
release of many individuals whose situation had been brought to its attention;
11. Requests Governments concerned to give the necessary attention to
the "urgent appeals" addressed to them by the Working Group on a strictly
humanitarian basis and without prejudging the nature of the detention;
12. Invites Governments concerned to take note of the Working Group’s
decisions and, where necessary, to take appropriate steps and to inform the
Working Group of the steps they have taken;
13. Encourages Governments to pay attention to the recommendations of
the Working Group concerning persons mentioned in its report, who have been
detained for a number of years;
14. Regrets that the Working Group was unable, despite the invitation
received, to undertake the field mission envisaged for 1995, and encourages
all Governments to invite the Working Group to their countries in order that
it may fulfil its mandate even more effectively;
15. Expresses its concern at the fact that, according to the data of
the Working Group, most cases of arbitrary deprivation of liberty are
motivated by denial of the exercise of the right to freedom of opinion and
expression, and recalls the need to pay due attention to cases of arbitrary
detention motivated by violation of other human rights and fundamental
freedoms;
E/CN.4/1996/L.11/Add.1
page 30
16. Notes with concern that, according to the Working Group, the
practice of arbitrary detention is facilitated and aggravated by several
factors such as abuse of states of emergency, exercise of the powers specific
to states of emergency without a formal declaration, non-observance of the
principle of proportionality between the gravity of the measures taken and the
situation concerned, too vague a definition of offences against State
security, and the existence of special or emergency jurisdictions;
17. Encourages States to take appropriate measures in order to ensure
that their legislation in these fields is in conformity with the relevant
international instruments, and not to extend states of emergency beyond what
is strictly required by the situation, or to limit their effects;
18. Requests the Secretary-General and the Special Rapporteur of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities
responsible for studying the question of human rights and states of emergency
to extend their assistance to Governments expressing the wish to receive it,
as well as to special rapporteurs and working groups, with a view to ensuring
promotion and observance of the guarantees relating to states of emergency
that are laid down in the relevant international instruments;
19. Also requests the Secretary-General to ensure that the Working
Group receives all necessary assistance, particularly in regard to staffing
and resources needed to discharge its mandate, and notably with respect to
field missions;
20. Requests the Working Group to submit to it a report at its
fifty-third session, and to make to it any suggestions and recommendations
which would enable it to discharge its task in the best possible way, in
cooperation with Governments, and to continue its consultations to that end
within the framework of its terms of reference;
21. Decides to continue its consideration of the question at its
fifty-third session under the agenda item entitled "Question of the human
rights of all persons subjected to any form of detention or imprisonment".
51st meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
E/CN.4/1996/L.11/Add.1
page 31
1996/29. Staff members of the United Nations and of
the specialized agencies in detention
The Commission on Human Rights,
Recalling General Assembly resolution 42/219 of 21 December 1987, 43/225
of 21 December 1988, 44/186 of 19 December 1989 and 45/240 of
21 December 1990, in which the Assembly deplored the increase in the number of
cases where the functioning, safety and well-being of officials had been
adversely affected, including cases of detention in Member States and
abduction by armed groups and individuals, and the increasing number of cases
in which the lives and well-being of officials had been placed in jeopardy
during the exercise of their official functions,
Recalling its resolution 1995/39 of 3 March 1995, in which it requested
the Secretary-General to submit to the Commission at its fifty-second session
an updated version of the report on the situation of United Nations staff
members, experts and their families detained, imprisoned, missing or held in a
country against their will,
Aware of the need to strengthen the relevant international legal
instruments,
Welcoming the adoption, by the General Assembly in resolution 49/59 of
December 1994, of the Convention on the Safety of United Nations and
Associated Personnel as a significant step for the protection of
United Nations staff members and other personnel acting under its authority,
Noting that, since its adoption the Convention has only been signed by
40 Member States and ratified by 4,
Considering that, at a time when the United Nations is undertaking
greater responsibilities sending missions in difficult conditions to various
parts of the world, it is imperative that its staff members and other
personnel acting under its authority be able to perform their duties with the
assurance that their human rights, privileges and immunities will be fully
respected, in accordance with the relevant provision of the Charter of the
United Nations and other international instruments,
Having examined the updated report of the Secretary-General on the
detention of international civil servants and their families (E/CN.4/1996/32
and Add.1),
E/CN.4/1996/L.11/Add.1
page 32
Noting the remarks made by certain bodies, as mentioned in the updated
report of the Secretary-General, that the coverage offered by the Convention
does not include all members of United Nations missions without distinction as
to the type of mandate entrusted to them,
Gravely concerned that a significant number of United Nations staff
members, experts and their families continue to be detained, imprisoned,
retained as hostages, missing or held in a country against their will,
Gravely concerned also that a significant number of United Nations staff
members, recruited nationally or internationally, and other personnel acting
under the authority of the United Nations and their families have been killed
since July 1994,
Noting the continuous need for updated and complete information on the
situation of United Nations staff members, experts and their families
detained, imprisoned, retained as hostages, missing or held in a country
against their will,
Convinced that a better coordinated and more detailed reporting system,
with a better dialogue between the United Nations and the host country
concerned, can contribute to a faster solution of cases,
Deeply concerned at the inordinate delays and obstacles which different
organizations of the United Nations system face when trying to exercise fully
the right of functional protection of their staff members,
Greatly appreciating the efforts of the Secretary-General to promote a
satisfactory resolution of all cases of this kind, and noting that these
efforts have already produced concrete results concerning the security of
United Nations staff members, experts and their families,
1. Takes note with interest of the updated report of the
Secretary-General (E/CN.4/1996/32 and Add.1);
2. Invites the Secretary-General to request the United Nations organs
concerned to submit to him their views and comments on the recommendations
contained in the final report of the Special Rapporteur of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities on the protection
of the human rights of United Nations staff members, experts and their
families (E/CN.4/Sub.2/1992/19), and to submit a report evaluating the
measures proposed for the implementation of those recommendations;
3. Appeals once again to Member States to respect and to ensure
respect for the rights of staff members and other personnel acting under the
E/CN.4/1996/L.11/Add.1
page 33
authority of the United Nations and their families and to take the necessary
measures to ensure the protection of United Nations and associated personnel
in their territory;
4. Requests the Secretary-General to continue his efforts to ensure
that the human rights, privileges and immunities of United Nations staff
members, experts and their families are fully respected and to seek redress
and compensation for the damage caused to them, as well as their full
reintegration, when their human rights, privileges and immunities have been
violated;
5. Reiterates the obligations of Member States under the Convention on
the Privileges and Immunities of the United Nations and also under the
Convention on the Privileges and Immunities of the Specialized Agencies
regarding immunity from legal process and from personal arrest or detention;
6. Urges Member States:
(a) To provide adequate and prompt information concerning the arrest or
detention of United Nations staff members, experts or their families;
(b) To grant the representative of the competent international
organization immediate access to them;
(c) To allow independent medical teams to investigate the health of
detained staff members, experts and their families, and to afford them the
necessary medical assistance;
(d) To allow representatives of the competent international
organization to attend any hearing concerning United Nations staff members,
experts and their families;
(e) To ensure the speedy release of United Nations staff members,
experts and members of their families who have been arrested or detained in
violation of their immunity, in accordance with the conventions referred to in
paragraph 5 above;
7. Invites Member States to consider promptly becoming parties to the
Convention on the Safety of United Nations and Associated Personnel;
8. Invites the Secretary-General to prepare a document containing the
relevant principles of protection found in the Convention for use as
guidelines in bilateral negotiations of headquarters agreements and mission
agreements with the concerned Governments; such bilateral negotiations would
take into account national legislation where the Government concerned has not
ratified or acceded to the Convention;
E/CN.4/1996/L.11/Add.1
page 34
9. Requests the Secretary-General to submit to the Commission at its
fifty-third session a report on the status of the Convention on the Safety of
United Nations and Associated Personnel, on the situation of United Nations
staff members, experts and their families detained, imprisoned, missing or
held in a country against their will, on cases which have been successfully
settled since the presentation of the last report, and on the implementation
of the measures referred to in the present resolution.
51st meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
1996/30. Question of enforced disappearances
The Commission on Human Rights,
Bearing in mind General Assembly resolution 33/173 of 20 December 1978,
in which the Assembly requested the Commission on Human Rights to consider the
question of disappeared persons with a view to making appropriate
recommendations, and all other United Nations resolutions concerning missing
or disappeared persons,
Recalling its resolution 20 (XXXVI) of 29 February 1980, in which it
decided to establish a working group consisting of five of its members, to
serve as experts in their individual capacity, to examine questions relevant
to enforced or involuntary disappearances, and its resolutions 1991/41 of
5 March 1991, 1992/30 of 28 February 1992, 1993/35 of 5 March 1993, 1994/39 of
5 March 1994 and 1995/38 of 3 March 1995,
Recalling also General Assembly resolution 47/133 of 18 December 1992, by
which the General Assembly adopted the Declaration on the Protection of All
Persons from Enforced Disappearance,
Emphasizing that, in the Vienna Declaration and Programme of Action, the
World Conference on Human Rights welcomed the adoption of the Declaration on
the Protection of All Persons from Enforced Disappearance and called upon all
States to take effective legislative, administrative, judicial or other
measures to prevent, terminate and punish acts of enforced disappearance,
Noting that the Working Group on Enforced or Involuntary Disappearances
considers the adoption of the latter Declaration to be the most encouraging
development since its establishment in respect of efforts to combat enforced
disappearances, especially in so far as it recognizes that the systematic
practice of such acts "is of the nature of a crime against humanity".
E/CN.4/1996/L.11/Add.1
page 35
Expressing concern in this connection that, according to the Working
Group, the practice of a number of States can run counter to the Declaration,
Convinced of the need to continue implementing the provisions of
General Assembly resolution 33/173 and of the other United Nations resolutions
on the question of disappeared persons, with a view to finding solutions for
cases of disappearance and eliminating enforced disappearances, duly taking
into account the provisions of the Declaration,
Taking into account General Assembly resolution 49/193 of
23 December 1994,
Deeply concerned about the increase and spread of the practice of
enforced disappearances in various parts of the world,
Concerned at the large number of reports concerning harassment,
ill-treatment and intimidation of witnesses of disappearances or relatives of
disappeared persons,
Noting with satisfaction in this connection that the Working Group
reports increased cooperation on the part of most States,
Recalling its resolution 1995/75 of 8 March 1995 on cooperation with
representatives of United Nations human rights organs,
Having examined the report of the Working Group (E/CN.4/1996/38), and
also the report of the expert member of the Working Group responsible for the
special operation on missing persons in the territory of the former Yugoslavia
(E/CN.4/1996/36),
1. Expresses its appreciation to the Working Group on Enforced or
Involuntary Disappearances for the way in which it is performing its task, and
thanks it for submitting a report to the Commission in accordance with its
resolution 1995/38 of 3 March 1995;
2. Takes note of the report of the Working Group (E/CN.4/1995/38);
3. Encourages the Working Group in its efforts to help to eliminate
the practice of enforced disappearances, to submit to the Commission all
information it deems necessary and any specific recommendations it may wish to
make regarding the fulfilment of its task;
4. Notes that the primary role of the Working Group, as described in
its reports, is to act as a channel of communication between families of the
disappeared persons and the Governments concerned, with a view to ensuring
E/CN.4/1996/L.11/Add.1
page 36
that sufficiently documented and clearly identified individual cases are
investigated and to ascertain whether such information falls under its mandate
and contains the required elements;
5. Stresses the need for the Working Group to apply gender perspective
in its reporting process, including in information collection and formulation
of recommendations,
6. Reminds the Working Group of the need to observe, in its
humanitarian task, United Nations standards and practices regarding the
handling of communications and the consideration of government replies;
7. Deplores the fact that some Governments have never provided
substantive replies concerning the cases of enforced disappearances in their
countries, or acted on the recommendations concerning them made in the reports
of the Working Group;
8. Urges the Governments concerned, particularly those which have not
yet responded to communications transmitted to them by the Working Group, to
take action as rapidly as possible concerning these communications, to
cooperate with and assist the Working Group so that it may carry out its
mandate effectively, and in particular to reply expeditiously to its requests
for information;
9. Also urges the Governments concerned to intensify their cooperation
with the Working Group on any action taken pursuant to recommendations
addressed to them by the Working Group;
10. Once again urges Governments to take steps to protect the families
of disappeared persons against any intimidation or ill-treatment to which they
might be subjected;
11. Encourages Governments to give serious consideration to inviting
the Working Group to visit their countries so as to enable the Working Group
to fulfil its mandate even more effectively;
12. Urges Governments to take steps to ensure that, when a state of
emergency is introduced, the protection of human rights is guaranteed,
particularly as regards the prevention of enforced disappearances;
13. Reminds Governments of the need to ensure that their competent
authorities conduct prompt and impartial inquiries in all circumstances
whenever there is reason to believe that an enforced disappearance has
occurred in a territory under their jurisdiction;
E/CN.4/1996/L.11/Add.1
page 37
14. Recalls that, if allegations are confirmed, the perpetrators of
enforced disappearances should be prosecuted;
15. Expresses its profound thanks to the many Governments that have
cooperated with the Working Group and replied to its request for information,
and to the Governments that have invited the Working Group to visit their
countries, asks them to give all necessary attention to the Working Group’s
recommendations, and invites them to inform the Working Group of any action
they take on those recommendations;
16. Commends in particular the efforts of Governments which investigate
and/or develop appropriate mechanisms to investigate any cases of enforced
disappearances which are brought to their attention, and encourages all the
Governments concerned to expand their efforts in this area;
17. Invites States, taking into account the conclusions of the Working
Group, to consider taking effective measures including, if appropriate,
legislative measures, to implement the principles of the Declaration on the
Protection of All Persons from Enforced Disappearance, while considering the
general comments of the Working Group contained in paragraphs 43 to 58 of its
report;
18. Invites, in this connection, all Governments to take action to this
end at the national and regional level and in cooperation with the
United Nations, if appropriate through technical assistance;
19. Recalls that all acts of enforced disappearance are offences
punishable by appropriate penalties which take into account their extreme
seriousness under criminal law;
20. Encourages States to provide concrete information, as some have
already done, on measures taken to give effect to the Declaration, as well as
obstacles encountered;
21. Again invites the Working Group to identify obstacles to the
realization of the Declaration, to recommend ways of overcoming those
obstacles, and to pursue in this respect its dialogue with Governments and
institutions concerned;
22. Invites the Working Group to continue to consider the question of
impunity, in close collaboration with the rapporteurs appointed by the
Sub-Commission on Prevention of Discrimination and Protection of Minorities
and with due regard for the relevant provisions of the Declaration;
E/CN.4/1996/L.11/Add.1
page 38
23. Requests the Working Group to pay particular attention to cases of
children subjected to enforced disappearance and children of disappeared
persons, and to cooperate closely with the Governments concerned in searching
for and identifying these children;
24. Notes the activities of non-governmental organizations in support
of the implementation of the Declaration, and invites them to continue to
facilitate its dissemination and to contribute to the work of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities;
25. Takes note of the cooperation provided to the Working Group by
non-governmental organizations;
26. Takes note with interest of the report of the expert member of the
Working Group responsible for the special process dealing with the problem of
missing persons in the territory of the former Yugoslavia (E/CN.4/1996/36);
27. Requests the Working Group to report on its work to the Commission
at its fifty-third session and to continue to discharge its mandate discreetly
and conscientiously;
28. Once more requests the Secretary-General to ensure that the Working
Group receives all the assistance and resources it requires to perform its
function, especially in carrying out missions, following them up or holding
sessions in countries that would be prepared to receive it;
29. Requests once more the Secretary-General to keep the Working Group
and the Commission on Human Rights regularly informed of the steps he takes
for the widespread dissemination and promotion of the Declaration on the
Protection of All Persons from Enforced Disappearance and to compile
observations, if any, from Governments on the possible measures they have
taken, where appropriate, to take the Declaration into account.
51st meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
1996/31. Human rights and forensic science
The Commission on Human Rights,
Recalling its resolutions 1993/33 of 5 March 1993 and 1994/31
of 4 March 1994,
Welcoming the report of the Secretary-General on human rights and
forensic science (E/CN.4/1996/41), submitted pursuant to its
resolution 1994/31,
E/CN.4/1996/L.11/Add.1
page 39
Welcoming also the provisional list of organizations and individual
experts in forensic science compiled by the Secretary-General in his report
and also the organizations mentioned in his previous reports (E/CN.4/1993/20
and E/CN.4/1994/24),
Expressing its gratitude to the Governments and organizations that
recommended names of organizations and experts for the list,
Conscious that other organizations and individual experts in forensic
science should be added to the provisional list,
Welcoming the contacts maintained by the Working Group on Enforced or
Involuntary Disappearances with certain organizations and individuals in the
field of forensic science and human rights and the elaboration by the Working
Group of a preliminary scheme for establishing a standing team of forensic
experts,
Noting that the need of Governments, intergovernmental organizations and
non-governmental organizations for forensic scientific expertise in
investigating deaths and clarifying disappearances has been emphasized in the
reports of the Working Group and of the Special Rapporteur on extrajudicial,
summary or arbitrary executions, as well as those of various country
rapporteurs,
Noting also that forensic science can help to reunite children of
disappeared persons forcefully separated from their parents with their
surviving relatives,
Noting further that forensic medicine is an important tool in detecting
evidence of torture,
Noting that, in many of the countries concerned, sufficient expertise is
not available in forensic science and related fields to investigate human
rights violations effectively,
Recognizing that training of local teams in responsible exhumation and
identification procedures is a prerequisite for the effective investigation of
human rights violations,
Aware that a number of Governments have requested the Secretary-General
to provide technical assistance in this regard,
Also aware of the experience of United Nations fact-finding
investigations supporting the need for a list of experts in forensic science,
E/CN.4/1996/L.11/Add.1
page 40
Further aware that several special rapporteurs have welcomed efforts
towards the institution of a standing team of forensic experts to assist them
in carrying out their human rights mandates,
Recalling the Principles on the Effective Prevention and Investigation of
Extralegal, Arbitrary and Summary Executions, adopted by the Economic and
Social Council in its resolution 1989/65 of 24 May 1989,
Considering the proposed model autopsy protocol prepared under
United Nations auspices contained in the Manual on the Effective Prevention
and Investigation of Extralegal, Arbitrary and Summary Executions
(United Nations publication, Sales No. E.91.IV.1),
Considering also the guidelines for the conduct of United Nations
inquiries into allegations of massacres,
1. Invites States to take measures to introduce into their rules and
practices the international standards set forth in the Principles on the
Effective Prevention and Investigation of Extralegal, Arbitrary and Summary
Executions, as well as the model autopsy protocol set forth in the Manual on
the Effective Prevention and Investigation of Extralegal, Arbitrary and
Summary Executions;
2. Requests the Secretary-General again to consult with Governments,
relevant United Nations bodies, professional organizations of forensic
experts, the organizations mentioned in his reports of 1993, 1994 and 1996, as
well as other interested institutions, with a view to:
(a) Identifying individual experts who might be asked to joint forensic
teams or to provide advice or assistance to thematic or country mechanisms,
advisory services and technical assistance programmes;
(b) Submitting biographical data on the experts, including professional
qualifications, current employment, contact address, gender (the nomination of
female experts is encouraged) and the kinds of assistance they could provide;
(c) Seeking their further advice as to the elaboration of principles,
guidance, procedures, mechanisms, practical experience and training, in
addition to the Manual on the Effective Prevention and Investigation of
Extralegal, Arbitrary and Summary Executions;
3. Also requests the Secretary-General to continue efforts to
establish, on the basis of these consultations and on the basis of continuing
efforts on the part of the Working Group on Enforced or Involuntary
Disappearances to render active assistance, a list of forensic experts and
E/CN.4/1996/L.11/Add.1
page 41
experts in related fields who could be requested to help international
mechanisms in the field of human rights, Governments and the Centre for
Human Rights in providing technical and advisory services, advice in regard to
the monitoring of human rights violations and training of local teams and/or
assistance in the reunification of families of persons who have disappeared;
4. Further requests the Secretary-General annually to update and to
make this list available to the working groups, special rapporteurs and
experts of the United Nations human rights mechanisms so that they may request
these forensic experts to assist them in evaluating documents and other
evidence and to accompany them on country visits;
5. Requests the Secretary-General to ensure that the forensic experts
abide by the Principles on the Effective Prevention and Investigation of
Extralegal, Arbitrary and Summary Executions adopted by the Economic and
Social Council in its resolution 1989/65 of 24 May 1989;
6. Also requests the Secretary-General to provide appropriate
resources, from within existing overall United Nations resources, to fund the
activities of the Centre for Human Rights in implementing the present
resolution;
7. Further requests the Secretary-General to report to the Commission
at its fifty-fourth session on progress made in this matter, including:
(a) The availability of a comprehensive and up-to-date list of experts
containing biographical data and indications of availability;
(b) A revised standard arrangement or cooperation service agreement
regulating the use of forensic experts, including provisions for the
protection of forensic experts who so serve; as well as to make such
recommendations as he may consider appropriate;
8. Invites the Centre for Human Rights and the Crime Prevention and
Criminal Justice Division of the Centre for Social Development and
Humanitarian Affairs of the Secretariat to consider the possibility of
revising the Manual on the Effective Prevention and Investigation of
Extralegal, Arbitrary and Summary Executions in the light of practical
experience with the Manual and the comments received;
9. Decides to consider the question at its fifty-fourth session under
the item entitled "Question of the human rights of all persons subjected to
any form of detention or imprisonment";
E/CN.4/1996/L.11/Add.1
page 42
10. Also decides to recommend to the Economic and Social Council the
following draft decision for adoption:
The Economic and Social Council, taking note of Commission on Human
Rights resolution 1996/31 of 19 April 1996, approves of the Commission’s
request to the Secretary-General:
(a) To maintain and update the list of forensic experts and
experts in related fields who could be requested to help international
mechanisms in the field of human rights, Governments and the Centre for
Human Rights in providing technical and advisory services, advice in
regard to the monitoring of human rights violations and training of local
teams and/or assistance in the reunification of families of the
disappeared; and
(b) To provide appropriate resources, from within existing
overall United Nations resources, to fund the activities of the Centre
for Human Rights in implementing Commission resolution 1996/31
of 19 April 1996.
51st meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
1996/32. Human rights in the administration of justice, in
particular of children and juveniles in detention
The Commission on Human Rights,
Guided by the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights and its Optional Protocols, and in
particular article 6 of the latter Covenant,
Guided also by the Convention on the Rights of the Child, and in
particular its articles 3, 37, 39 and 40, as well as the relevant provisions
of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the International Convention on the Elimination of
All Forms of Racial Discrimination and the Convention on the Elimination of
All Forms of Discrimination against Women,
Recognizing the central role of the administration of justice in the
promotion and protection of human rights,
E/CN.4/1996/L.11/Add.1
page 43
Emphasizing the importance of coordinating the activities in the field of
the administration of justice carried out under the responsibility of the
Commission on Human Rights with those under the responsibility of the
Commission on Crime Prevention and Criminal Justice,
Noting that women, juveniles and children are frequently the most
vulnerable victims of human rights violations in the administration of justice
and that the identification and reporting of these violations demand special
vigilance,
Aware of the specific situation of children and juveniles in detention
and their special needs while deprived of their liberty, in particular their
vulnerability to various forms of abuse, injustice and humiliation,
Welcoming the important activities of the Committee on the Rights of the
Child, the Commission on Crime Prevention and Criminal Justice, the
United Nations Children’s Fund, the Sub-Commission on Prevention of
Discrimination and Protection of Minorities and the Special Rapporteur on the
sale of children, child prostitution and child pornography with regard to the
special needs of children and juveniles in detention,
Noting that the Committee on the Rights of the Child attaches particular
importance to the question of the administration of juvenile justice and that
it includes in its conclusions on reports of States parties concrete
recommendations concerning the provision of advisory services and technical
cooperation in this field,
Recalling the recommendations of the Ninth United Nations Congress on the
Prevention of Crime and Treatment of Offenders concerning juvenile justice and
children as victims and perpetrators of crime,
Deeply concerned at the severity and brutality with which children and
juveniles are used as instruments in criminal activities,
Reaffirming that the best interests of the child and the juvenile must be
a primary consideration in all decisions concerning the deprivation of their
liberty,
1. Takes note with appreciation of the report of the Secretary-General
(E/CN.4/1996/31 and Add.1) and the replies received from a number of
Governments;
2. Reaffirms the importance of the full implementation of all relevant
United Nations standards on human rights in the administration of justice;
E/CN.4/1996/L.11/Add.1
page 44
3. Reiterates once again its call to all Member States to spare no
effort in providing for effective legislative and other mechanisms and
procedures, as well as adequate resources, to ensure full implementation of
these standards;
4. Appeals to Governments to include in their national development
plans the administration of justice as an integral part of the development
process and to allocate adequate resources for the provision of legal-aid
services with a view to the promotion and protection of human rights;
5. Recognizes the important role that non-governmental organizations,
including professional associations of lawyers and judges, can play in
promoting human rights in the administration of justice;
6. Invites Governments to provide training in human rights and the
administration of justice, including juvenile justice, to all judges, lawyers,
prosecutors, social workers and other professionals concerned with juvenile
justice matters, including police and immigration officers;
7. Calls upon special rapporteurs, special representatives and working
groups of the Commission on Human Rights to continue to give special attention
to questions relating to the effective protection of human rights in the
administration of justice and to provide, wherever appropriate, specific
recommendations in this regard, including proposals for concrete measures of
advisory services and technical assistance;
8. Encourages States to make use of technical assistance offered by
the United Nations programmes of advisory services and technical assistance in
order to strengthen national capacities and infrastructures in the field of
the administration of justice;
9. Urges the High Commissioner for Human Rights to consider favourably
requests by States for assistance in the field of the administration of
justice and to strengthen system-wide coordination in this field, in
particular between the United Nations programme of advisory services and
technical assistance in the field of human rights and the technical
cooperation and advisory services of the United Nations crime prevention and
criminal justice programme;
10. Recognizes that every child and juvenile in conflict with the law
must be treated in a manner consistent with his or her dignity and needs;
E/CN.4/1996/L.11/Add.1
page 45
11. Calls upon all States to give high priority to the promotion and
protection of all rights of the child and juveniles in the administration of
justice;
12. Urges States to take fully into account, in their national
legislation and practice, and disseminate widely the United Nations Guidelines
for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the
United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (The Beijing Rules) and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty;
13. Also urges States to take appropriate steps to ensure compliance
with the principle that depriving children and juveniles of their liberty
should be used only as a measure of last resort and for the shortest
appropriate period of time, in particular before trial, and to ensure that, if
they are arrested, detained or imprisoned, children and juveniles be
separated, as appropriate, from adults;
14. Recommends that States ensure that all structures, procedures and
programmes in the administration of justice with regard to child offenders
promote assistance to allow children to take responsibility for their actions
and to encourage, inter alia, reparation, mediation and restitution,
especially for the direct victim of the crime;
15. Requests the High Commissioner for Human Rights to continue to pay
special attention to the subject of juvenile justice and, in close cooperation
with the Committee on the Rights of the Child, the United Nations Children’s
Fund and the Crime Prevention and Criminal Justice Division of the
United Nations Secretariat to develop strategies to ensure effective
coordination of technical cooperation programmes in the field of juvenile
justice, in particular within the framework of his Plan of Action to
strengthen the implementation of the Convention on the Rights of the Child;
16. Requests the Secretary-General to report to the Commission at its
fifty-third session on the implementation of the present resolution;
17. Decides to consider this question at its fifty-third session under
the item entitled "Question of the human rights of all persons subjected to
any form of detention or imprisonment".
51st meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
E/CN.4/1996/L.11/Add.1
page 46
1996/33. Torture and other cruel, inhuman or degrading
treatment or punishment
A.
The Commission on Human Rights,
Having regard to article 5 of the Universal Declaration of Human Rights
and article 7 of the International Covenant on Civil and Political Rights,
both of which provide that no one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment,
Recalling the Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, adopted by the General Assembly in its resolution 3452 (XXX) of
9 December 1975,
Recalling also General Assembly resolution 39/46 of 10 December 1984, in
which the Assembly adopted and opened for signature, ratification and
accession the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and called upon all Governments to consider signing
and ratifying the Convention as a matter of priority,
Recalling further the Vienna Declaration and Programme of Action adopted
by the World Conference on Human Rights, in particular Part I, paragraph 30,
in which the World Conference stated that torture and other cruel, inhuman or
degrading treatment or punishment constituted serious obstacles to the full
enjoyment of all human rights, and Part II, paragraphs 54 to 61, in which the
World Conference urged States to put an immediate end to the practice of
torture and to eradicate that evil forever, abrogate legislation leading to
impunity for gross violations of human rights such as torture and prosecute
such violations, and stated that providing the necessary resources for
assistance to victims of torture should be given high priority, inter alia by
additional contributions to the United Nations Voluntary Fund for Victims of
Torture,
Bearing in mind its resolution 1995/37 of 3 March 1995,
Appalled at the widespread occurrence of torture and other cruel, inhuman
or degrading treatment or punishment,
Stressing that torture constitutes a criminal attempt to destroy a fellow
human being physically and mentally which can never be justified under any
circumstances, by any ideology or by any overriding interest, and convinced
that a society that tolerates torture can never claim to respect human rights,
E/CN.4/1996/L.11/Add.1
page 47
Determined to promote the full implementation of the prohibition under
international and national law of any practice of torture and other cruel,
inhuman or degrading treatment or punishment,
Drawing attention to the relevance, for the eradication of torture and
other cruel, inhuman or degrading treatment or punishment, of the Standard
Minimum Rules for the Treatment of Prisoners (Economic and Social Council
resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977), the
Code of Conduct for Law Enforcement Officials (General Assembly
resolution 34/169, of 17 December 1979, annex), the Principles of Medical
Ethics relevant to the role of health personnel, particularly physicians, in
the protection of prisoners and detainees against torture and other cruel,
inhuman or degrading treatment or punishment (General Assembly
resolution 37/194, annex), the Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power (General Assembly resolution 40/34, annex)
as well as the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment (General Assembly resolution 43/173, annex),
Recalling article 10 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, which provides that each State
party shall ensure that education and information regarding the prohibition
against torture are fully included in the training of law enforcement
personnel, civil or military, medical personnel, public officials and other
persons who may be involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or imprisonment,
Noting the progress made at the fourth session of the open-ended working
group of the Commission on Human Rights on the elaboration of a draft optional
protocol to the Convention,
Recalling General Assembly resolution 36/151 of 16 December 1981, in
which the Assembly noted with deep concern that acts of torture took place in
various countries, recognized the need to provide assistance to the victims in
a purely humanitarian spirit and established the United Nations Voluntary Fund
for Victims of Torture,
Recalling also the statement by the Board of Trustees of the Fund on the
need to receive contributions from Governments on a regular basis, which,
inter alia, would prevent the interruption of programmes in the continuation
of which the Fund plays an instrumental role,
E/CN.4/1996/L.11/Add.1
page 48
Noting the increasing number of applications to be processed and the
repeated requests by the Board of Trustees of the Fund to have adequate staff
for the operations of the Fund,
Noting also the information provided by the Secretary-General in his
reports on the United Nations Voluntary Fund for Victims of Torture
(E/CN.4/1996/33 and Add.1 and A/50/512),
Noting with satisfaction the existence and rapid expansion of an
international network of centres for the rehabilitation of torture victims,
which play an important role in providing assistance to victims of torture,
and the collaboration of the Fund with these centres,
Stressing that under article 4 of the Convention acts of torture must be
made an offence under criminal laws of States and are a grave breach of the
Geneva Conventions of 1949, with the perpetrators liable to prosecution and
punishment,
1. Urges all States to become parties to the Convention as a matter of
priority;
2. Invites all States ratifying or acceding to the Convention and
those States parties that have not yet done so to make the declaration
provided for in articles 21 and 22 of the Convention and to consider the
possibility of withdrawing reservations made to article 20;
3. Encourages States parties to notify the Secretary-General of their
acceptance of the amendments to articles 17 and 18 of the Convention as soon
as possible;
4. Takes note of the report of the Secretary-General on the status of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (E/CN.4/1996/34);
5. Urges all Governments to promote the speedy and full implementation
of the Vienna Declaration and Programme of Action and, in particular, of the
section relating to freedom from torture;
6. Welcomes the report of the Committee against Torture on its
eleventh and twelfth sessions (A/50/44);
7. Also welcomes the work of the Committee against Torture and its
practice of formulating concluding observations after the consideration of
reports, as well as its practice of carrying out inquiries into cases where
there are indications of the systematic practice of torture in States parties;
E/CN.4/1996/L.11/Add.1
page 49
8. Reminds all States that paragraph 60 of the Vienna Declaration and
Programme of Action reads "States should abrogate legislation leading to
impunity for those responsible for grave violations of human rights such as
torture and prosecute such violations, thereby providing a firm basis for the
rule of law";
9. Requests the Secretary-General to ensure, within the overall
budgetary framework of the United Nations, the provision of an adequate
and stable level of staffing and technical facilities to ensure the
effective performance of the functions of the Committee against Torture;
10. Urges States parties whose arrears predate the provision made by
the Secretary-General for funding the Committee against Torture from the
regular budget to fulfil their obligations forthwith;
11. Emphasizes the obligation of States parties under article 10 of the
Convention to ensure education and training for personnel who may be involved
in the custody, interrogation or treatment of any individual subjected to
any form of arrest, detention or imprisonment, and calls upon the
High Commissioner for Human Rights, in conformity with his mandate established
in General Assembly resolution 48/141 of 20 December 1993, to provide, at the
request of Governments, advisory services in this regard, as well as technical
assistance in the development, production and distribution of appropriate
teaching material for this purpose;
12. Expresses its appreciation to the Board of Trustees of the
United Nations Voluntary Fund for Victims of Torture for the work it has
accomplished;
13. Calls upon the Board of Trustees of the Fund to report to the
Commission at its fifty-third session and present an updated assessment of the
global need for rehabilitation services for torture victims and any need for
international funding in this respect;
14. Expresses its gratitude and appreciation to those Governments,
organizations and individuals that have already contributed to the
United Nations Voluntary Fund for Victims of Torture;
15. Appeals to all Governments, organizations and individuals in a
position to do so to respond favourably to requests for contributions to the
Fund, if possible on a regular basis and annually before the meeting of the
E/CN.4/1996/L.11/Add.1
page 50
Board of Trustees of the Fund, and if possible with a substantial increase in
the number and level of contributions in order to take into consideration the
ever-increasing demand for assistance;
16. Requests the Secretary-General to continue to include the Fund on
an annual basis among the programmes for which funds are pledged at the
United Nations Pledging Conference for Development Activities;
17. Renews its request to the Secretary-General to transmit to all
Governments the appeals of the Commission for contributions to the Fund;
18. Also renews its request to the Secretary-General to make use of all
existing possibilities to assist the Board of Trustees of the Fund in its
efforts to make the Fund and its humanitarian work better known and in its
appeal for contributions;
19. Requests the Secretary-General, in accordance with the Vienna
Declaration and Programme of Action (A/CONF.157/23, part II, para. 16) to
ensure strict and transparent project management rules for the Fund and to
arrange for the holding of annual information meetings open to all Member
States and organizations directly involved in the projects supported by the
Fund;
20. Also requests the Secretary-General to ensure, within the overall
budgetary framework of the United Nations, the provision of an adequate and
stable level of staffing and technical facilities to ensure the efficient
operation and management of the Fund;
21. Further requests the Secretary-General to continue to keep the
Commission informed of the operations of the Fund on an annual basis and to
submit to the Commission annual reports on the status of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
22. Decides to continue to consider these questions at its
fifty-third session.
B.
The Commission on Human Rights,
Recalling its resolution 1985/33 of 13 March 1985, in which it decided to
appoint for one year a special rapporteur on torture, and all its subsequent
resolutions in which that mandate was regularly extended, most recently for a
further three years in paragraph 13 of its resolution 1995/37 B of
3 March 1995, while maintaining the annual reporting cycle,
E/CN.4/1996/L.11/Add.1
page 51
Recalling also the conclusions and recommendations of the Special
Rapporteur that the Commission on Human Rights underlined in its
resolutions 1987/29 of 10 March 1987, 1988/32 of 8 March 1988, 1989/33 of
6 March 1989, 1990/34 of 2 March 1990, 1991/38 of 5 March 1991, 1992/32 of
28 February 1992, 1993/40 of 5 March 1993, 1994/37 of 4 March 1994 and 1995/37
of 3 March 1995,
1. Commends the Special Rapporteur on his report (E/CN.4/1996/35 and
Add.1 and 2);
2. Stresses the recommendations of the Special Rapporteur contained in
his report, as well as the recommendations made in previous years as contained
in document E/CN.4/1995/34;
3. Stresses in particular that no one shall be subjected to torture or
to cruel, inhuman or degrading treatment or punishment, that all allegations
of any such acts should be promptly and impartially examined by the competent
national authority, that those who encourage, order, tolerate or perpetrate
such acts must be held responsible and severely punished, including the
officials in charge of the place of detention where the prohibited act is
found to have taken place, and that national legal systems should ensure that
the victims of such acts should obtain redress, be awarded fair and adequate
compensation and appropriate socio-medical rehabilitation;
4. Reminds all States that prolonged incommunicado detention may
facilitate the perpetration of torture and can in itself constitute a form of
cruel, inhuman or degrading treatment;
5. Invites the Special Rapporteur to examine questions concerning
torture directed primarily against women and children and conditions conducive
to such torture, and to make appropriate recommendations concerning the
prevention of gender-specific forms of torture and the torture of children;
6. Approves the methods of work employed by the Special Rapporteur, in
particular as regards urgent appeals;
7. Considers it desirable that the Special Rapporteur continue to
exchange views with the relevant human rights mechanisms and bodies,
especially the Committee against Torture and the High Commissioner for Human
Rights, in particular with a view to enhancing further their effectiveness and
mutual cooperation, and that he should pursue cooperation with relevant
United Nations programmes, notably that on crime prevention and criminal
justice;
E/CN.4/1996/L.11/Add.1
page 52
8. Appeals to all Governments to cooperate with and assist the
Special Rapporteur in the performance of his tasks and to supply all
information requested, including by reacting properly to his urgent appeals;
9. Urges those Governments that have not yet responded to
communications transmitted to them by the Special Rapporteur to answer
expeditiously;
10. Encourages Governments to give serious consideration to inviting
the Special Rapporteur to visit their countries so as to enable him to fulfil
his mandate even more effectively;
11. Calls upon the Special Rapporteur to continue to include
information in his report on the follow-up by Governments to his
recommendations, visits and communications;
12. Requests the Secretary-General to provide all necessary assistance
to the Special Rapporteur to cover all his activities in order to enable him
to submit his report to the Commission at its fifty-third session.
52nd meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
1996/34. Independence and impartiality of the judiciary, jurors
and assessors and the independence of lawyers
The Commission on Human Rights,
Guided by articles 7, 8, 10 and 11 of the Universal Declaration of Human
Rights and articles 2, 14 and 26 of the International Covenant on Civil and
Political Rights, and bearing in mind the Vienna Declaration and Programme of
Action, in particular, Part I, paragraph 27, and Part II, paragraphs 88, 90
and 95 thereof,
Convinced that an independent and impartial judiciary and an independent
legal profession are essential prerequisites for the protection of human
rights and for ensuring that there is no discrimination in the administration
of justice,
Recalling its resolution 1994/41 of 4 March 1994, in which it requested
the Chairman of the Commission to appoint, for a period of three years, a
Special Rapporteur on the independence and impartiality of the judiciary,
jurors and assessors and the independence of lawyers,
Recalling also its resolution 1995/36 of 3 March 1995, in which it
endorsed the decision of the Special Rapporteur to use, beginning in 1995, the
short title "Special Rapporteur on the independence of judges and lawyers",
E/CN.4/1996/L.11/Add.1
page 53
Recalling further General Assembly resolution 40/32 of 29 November 1985,
in which the Assembly endorsed the Basic Principles on the Independence of the
Judiciary, adopted by the Seventh United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, and Assembly resolution 40/146 of
13 December 1985,
Recalling General Assembly resolution 45/166 of 18 December 1990, in
which the Assembly welcomed the Basic Principles on the Role of Lawyers and
the Guidelines on the Role of Prosecutors, adopted by the Eighth
United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, and invited Governments to respect them and to take them into
account within the framework of their national legislation and practice,
Recalling also the recommendations adopted by the Ninth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, held at
Cairo from 29 April to 8 May 1995, regarding, among other things, the
invitation addressed to Member States to ensure the independence and
impartiality of the judiciary and the proper functioning of prosecutorial and
legal services in the field of penal justice and police affairs, taking into
account the Basic Principles on the Independence of the Judiciary,
Recalling also the Beijing Statement of Principles of the Independence of
the Judiciary, adopted in August 1995 by the Sixth Conference of Asian Chief
Justices, and the Cairo Declaration, adopted in 1995 by the Third Conference
of Francophone Ministers of Justice,
Acknowledging the importance for the Special Rapporteur of being able to
cooperate closely, in the framework of his mandate, with the Centre for Human
Rights in the field of advisory services and technical cooperation, which
could contribute to guaranteeing the independence of judges and lawyers,
Recognizing the importance of the role of non-governmental organizations,
bar associations and professional associations of judges in the defence of the
principles of the independence of lawyers and judges,
Noting with concern the increasingly frequent attacks on their
independence suffered by judges, lawyers and court officers, and aware of the
close link between the weakening of safeguards for judges, lawyers and court
officers and the frequency and gravity of violations of human rights,
Taking note of the second report (E/CN.4/1996/37) submitted by the
Special Rapporteur on the implementation of his mandate,
E/CN.4/1996/L.11/Add.1
page 54
1. Takes note of the second report submitted by the Special Rapporteur
on the activities relating to his mandate;
2. Also takes note of the cooperative working methods that the Special
Rapporteur has adopted to draw up his report and implement his mandate, as
described in Commission resolution 1994/41;
3. Welcomes the numerous exchanges the Special Rapporteur has had with
several intergovernmental and international organizations and United Nations
bodies, and encourages him to continue along this path;
4. Notes with appreciation the determination of the Special Rapporteur
to achieve as wide a dissemination as possible of information about existing
standards relating to the independence and impartiality of the judiciary and
the independence of the legal profession in conjunction with the publications
and promotional activities of the Centre for Human Rights;
5. Invites the High Commissioner for Human Rights to continue to
provide technical assistance to train judges and lawyers and to associate the
Special Rapporteur in the elaboration of a manual on the training of judges
and lawyers in the field of human rights;
6. Urges all Governments to assist the Special Rapporteur in the
discharge of his mandate and to transmit to him all the information requested;
7. Encourages Governments that face difficulties in guaranteeing the
independence of judges and lawyers, or that are determined to take measures to
implement these principles further, to consult and to consider the services of
the Special Rapporteur, for instance by inviting him to their country if the
Government concerned deems it necessary;
8. Requests the Secretary-General, within the limits of the existing
regular budget, to provide the Special Rapporteur with any assistance needed
for the discharge of his mandate;
9. Requests the Special Rapporteur to submit a report on the
activities relating to his mandate to the Commission at its fifty-third
session and decides to consider this question at that session.
52nd meeting
19 April 1996
[Adopted without a vote. See chap. VII.]
E/CN.4/1996/L.11/Add.1
page 55
1996/35. The right to restitution, compensation and rehabilitation
for victims of grave violations of human rights and
fundamental freedoms
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of
Human Rights, the International Covenants on Human Rights, other relevant
human rights instruments and the Vienna Declaration and Programme of Action,
Reaffirming that, pursuant to internationally proclaimed human rights
principles, victims of grave violations of human rights should receive, in
appropriate cases, restitution, compensation and rehabilitation,
Considering that the question of restitution, compensation and
rehabilitation of victims of grave violations of human rights and fundamental
freedoms has received insufficient attention and should continue to be
addressed in a more systematic and thorough way at the national and
international levels,
Noting with interest the positive experience of countries that have
established policies for the reparation of victims of grave violations of
human rights,
Reiterating its appreciation of the study on the subject prepared by the
Special Rapporteur of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, Mr. Theo van Boven, contained in his final report
(E/CN.4/Sub.2/1993/8),
Recalling its resolution 1994/35 of 4 March 1994 in which it expressed
the hope that priority attention would be given to this question, in
particular on the specific field of violations of human rights, and regarded
the proposed basic principles and guidelines contained in the study of the
Special Rapporteur as a useful basis for that purpose, and recommended that
the Sub-Commission on Prevention of Discrimination and Protection of
Minorities should, in conformity with Sub-Commission resolution 1993/29, take
measures to examine the proposed basic principles and guidelines with a view
to making proposals thereon and to report to the Commission,
Recalling also its resolution 1995/34 of 3 March 1995 in which it
requested States to provide information to the Secretary-General about
legislation already adopted, as well as that in the process of being adopted,
relating to the right to restitution, compensation and rehabilitation for
victims of grave violations of human rights and fundamental freedoms,
E/CN.4/1996/L.11/Add.1
page 56
Taking note of the report (E/CN.4/1996/29) of the Secretary-General
submitted to the Commission in compliance with its resolution 1995/34,
1. Calls upon the international community to give increased attention
to the right to restitution, compensation and rehabilitation for victims of
grave violations of human rights and fundamental freedoms;
2. Encourages the Sub-Commission to continue to give consideration to
the proposed basic principles and guidelines at its forty-eighth session, in
accordance with its decision 1995/117 of 24 August 1995, with a view to making
substantial progress on this matter in the specific field of violations of
human rights;
3. Expresses its appreciation to States that provided information on
the matter to the Secretary-General, in compliance with resolution 1995/34,
for their valuable contribution in this field;
4. Requests States that have not yet done so, to provide information
to the Secretary-General on the legislation already adopted, as well as that
in the process of being adopted, relating to the right to restitution,
compensation and rehabilitation for victims of grave violations of human
rights and fundamental freedoms;
5. Expresses its appreciation to the Secretary-General, for his report
(E/CN.4/1996/29 and addenda);
6. Requests the Secretary-General to prepare an additional report,
taking into account the information provided by States, for submission to the
Commission at its fifty-third session;
7. Decides to continue to consider this matter at its
fifty-third session under agenda item 8 entitled "Question of the human rights
of all persons subjected to any form of detention or imprisonment".
52nd meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
1996/36. Question of human rights and states of emergency
The Commission on Human Rights,
Endorsing resolution 1995/33 of 24 August 1995 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities,
E/CN.4/1996/L.11/Add.1
page 57
Recommends the following draft resolution to the Economic and Social
Council for adoption:
"The Economic and Social Council,
Recalling Commission on Human Rights resolution 1996/36 of
19 April 1996 and Sub-Commission on Prevention of Discrimination and
Protection of Minorities resolution 1995/33 of 24 August 1995, entitled
’Question of human rights and states of emergency’,
1. Approves the Sub-Commission’s request to the
Special Rapporteur on human rights and states of emergency,
Mr. Leandro Despouy, to fulfil his mandate, in particular relating to
(i) the updating of the lists of States which have proclaimed, extended
or terminated a state of emergency; (ii) the submission of conclusions
and recommendations concerning non-derogable rights in states or
situations of emergency; and (iii) the continuation of his consultations
on the establishment of a database on states of emergency and related
human rights questions;
2. Requests the Secretary-General to provide the Special
Rapporteur with the necessary human and material resources to fulfil his
mandate."
52nd meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
1996/37. Question of a draft optional protocol to the
Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
The Commission on Human Rights,
Recalling its decision 1991/107 of 5 March 1991, by which it decided to
consider at its forty-eighth session the text, proposed by the Government of
Costa Rica, of a draft optional protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (E/CN.4/1991/66)
intended to establish a preventive system based on visits to places of
detention,
Recalling also its resolution 1992/43 of 3 March 1992, by which it
established an open-ended working group to elaborate a draft optional protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading
E/CN.4/1996/L.11/Add.1
page 58
Treatment or Punishment, using as a basis for discussion the draft text
proposed by the Government of Costa Rica, and decided to consider the question
at its forty-ninth session,
Recalling further Economic and Social Council resolution 1992/6
of 20 July 1992, by which the Council authorized an open-ended working group
to meet for a period of two weeks prior to the forty-ninth session of the
Commission,
Recalling subsequent resolutions, in particular resolution 1995/33
of 25 July 1995, by which it authorized the working group to hold new meetings
in order to continue its work and to submit a report,
Considering that the members of the working group agreed that some
progress had been made which permitted the conclusion of the first reading of
the draft at the fourth session and that a continuation of the work in the
same way offered the prospect of the elaboration, within a reasonable period,
of a text which could be of great value in the field of the prevention of
torture,
Recalling that the World Conference on Human Rights firmly declared that
efforts to eradicate torture should, first and foremost, be concentrated on
prevention and called for the early adoption of an optional protocol to the
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, which would be intended to establish a preventive system of
regular visits to places of detention,
1. Takes note of the report of the working group on the draft optional
protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (E/CN.4/1996/28) and warmly welcomes the
conclusion of the first reading of the draft during the working group’s fourth
session;
2. Requests the open-ended working group to meet for a period of
two weeks prior to the fifty-third session of the Commission in order to
continue its work, including the beginning of the second reading on the basis
of the results of the first reading, as contained in document E/CN.4/1996/28,
as well as on the basis of the original text (E/CN.4/1991/66), with a view to
the expeditious completion of a final and substantive text; it also requests
the working group to submit a new report to it;
3. Requests the Secretary-General to transmit the report of the
working group to all Governments, the specialized agencies, the chairpersons
E/CN.4/1996/L.11/Add.1
page 59
of the human rights treaty bodies and the intergovernmental and
non-governmental organizations concerned, and to invite them to submit their
comments to the working group;
4. Also requests the Secretary-General to invite Governments, the
specialized agencies and non-governmental organizations, as well as the
Chairperson of the Committee against Torture and the Special Rapporteur on the
question of torture, to participate in the activities of the working group;
5. Further requests the Secretary-General to extend all the necessary
facilities to the working group for its meetings prior to the fifty-third
session of the Commission;
6. Decides to examine the report of the working group at its
fifty-third session under the sub-item "Question of a draft optional protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment" of the agenda item entitled "Question of the human
rights of all persons subjected to any form of detention or imprisonment";
7. Recommends the following draft resolution to the Economic and
Social Council for adoption:
"The Economic and Social Council,
Recalling Commission on Human Rights resolution 1996/37
of 19 April 1996,
1. Authorizes an open-ended working group of the Commission
on Human Rights to meet for a period of two weeks prior to the
fifty-third session of the Commission in order to continue the
elaboration of a draft optional protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
2. Requests the Secretary-General to extend to the working group
all the necessary facilities for its meetings and to transmit the report
of the working group (E/CN.4/1996/28) to Governments, the specialized
agencies, the chairpersons of the human rights treaty bodies and the
intergovernmental and non-governmental organizations concerned".
52nd meeting
19 April 1996
[Adopted without a vote. See chap. VIII.]
E/CN.4/1996/L.11/Add.1
page 60
1996/38. Working Group of the Commission on Human Rights to
elaborate a draft declaration in accordance with
paragraph 5 of General Assembly resolution 49/214
of 23 December 1994
The Commission on Human Rights,
Bearing in mind General Assembly resolution 47/75 of 14 December 1992 and
Part II, paragraph 28, of the Vienna Declaration and Programme of Action,
Reaffirming its resolution 1995/32 of 3 March 1995, in which it
established an open-ended inter-sessional working group with the sole purpose
of elaborating a draft declaration, considering the draft contained in the
annex to resolution 1994/45 of 26 August 1994 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, entitled draft
"United Nations declaration on the rights of indigenous peoples", for
consideration and adoption by the General Assembly within the International
Decade of the World’s Indigenous People,
Also reaffirming in particular that the invitation contained in that
resolution was addressed to organizations of indigenous people seeking
authorization to participate in the working group,
Recalling the need for the working group to consider all aspects of the
draft declaration including its scope of application,
Recalling also General Assembly resolution 49/214 of 23 December 1994, in
which the Assembly encouraged the Commission to consider the draft declaration
with the participation of representatives of indigenous people, on the basis
of and in accordance with appropriate procedures to be determined by the
Commission,
Welcoming the progress made in the process of drafting a declaration on
the rights of indigenous people, and emphasizing the importance and special
nature of such a draft declaration as an instrument specifically for promoting
the rights of indigenous people,
Recognizing that organizations of indigenous people have special
knowledge and understanding of the current situation of the world’s indigenous
people and their human rights needs,
1. Takes note of the report of the working group (E/CN.4/1996/84),
and welcomes the positive start to the deliberations of the working group,
particularly the measures taken to ensure effective input by organizations of
indigenous people;
E/CN.4/1996/L.11/Add.1
page 61
2. Expresses its appreciation for the work of the Economic and Social
Council in considering applications from organizations of indigenous people to
participate in the working group under the procedure proposed in the annex to
Commission on Human Rights resolution 1995/32 of 3 March 1995;
3. Welcomes the decisions of the Economic and Social Council approving
the participation of organizations of indigenous people in the work of the
working group, and urges the Council to process all pending applications as
soon as possible, taking strictly into account the procedures set out in the
annex to Commission on Human Rights resolution 1995/32;
4. Recommends that the working group meet for 10 working days prior to
the fifty-third session of the Commission on Human Rights, the cost of the
meeting to be met from within existing resources;
5. Encourages organizations of indigenous people which are not already
registered to participate in the working group and which wish to do so to
apply for authorization in accordance with the procedure set out in the annex
to Commission on Human Rights resolution 1995/32;
6. Requests the working group to submit a progress report to the
Commission on Human Rights at its fifty-third session;
7. Decides to consider the report of the working group at its
fifty-third session under the agenda item entitled "Indigenous issues";
8. Recommends the following draft resolution to the Economic and
Social Council for adoption:
"The Economic and Social Council,
"Recalling Commission on Human Rights resolution 1996/38
of 19 April 1996,
"1. Authorizes the open-ended inter-sessional working group of
the Commission on Human Rights established in accordance with
resolution 1995/32 of the Commission on Human Rights to meet for a period
of 10 working days prior to the fifty-third session of the Commission,
the costs of the meeting to be met from within existing resources;
"2. Requests the Secretary-General to extend all necessary
facilities, from within existing United Nations resources, to the working
group for its meetings."
52nd meeting
19 April 1996
[Adopted without a vote. See chap. XXIII.]
E/CN.4/1996/L.11/Add.1
page 62
1996/39. International Decade of the World’s Indigenous People
The Commission on Human Rights,
Bearing in mind that one of the purposes of the United Nations, as set
forth in the Charter, is the achievement of international cooperation in
solving international problems of an economic, social, cultural or
humanitarian character and in promoting and encouraging respect for human
rights and fundamental freedoms for all without distinction as to race, sex,
language or religion,
Recalling its previous resolutions and those of the General Assembly on
the International Decade of the World’s Indigenous People,
Recalling also that the goal of the Decade is to strengthen international
cooperation for the solution of problems faced by indigenous people in such
areas as human rights, the environment, development, education and health, and
that the theme of the Decade is "Indigenous people: partnership in action",
Recognizing the importance of consultation and cooperation with
indigenous people in planning and implementing the programme of activities for
the Decade, the need for adequate financial support from the international
community, including support from within the United Nations and the
specialized agencies, and the need for adequate coordination and communication
channels,
Recalling the invitation addressed by the General Assembly to
organizations of indigenous people and other non-governmental organizations
concerned to consider the contributions they can make to the success of the
Decade, with a view to presenting them to the Working Group on Indigenous
Populations,
Noting Economic and Social Council decision 1992/255 of 20 July 1992, in
which the Council requested United Nations bodies and specialized agencies to
ensure that all technical assistance financed or provided by them was
compatible with international instruments and standards applicable to
indigenous people, and encouraged efforts to promote coordination in this
field and greater participation of indigenous people in the planning and
implementation of projects affecting them,
1. Affirms its recognition of the value and diversity of the cultures
and forms of social organization of indigenous people, and its conviction that
E/CN.4/1996/L.11/Add.1
page 63
the development of indigenous people within their countries will contribute to
the socio-economic, cultural and environmental advancement of all the
countries of the world;
2. Takes note of the final report of the Secretary-General on a
comprehensive programme of action for the International Decade of the World’s
Indigenous People and the annexes to that report (A/50/511);
3. Welcomes the decision of the General Assembly to adopt the
programme of activities for the Decade contained in the annex to its
resolution 50/157;
4. Notes that the programme of activities for the Decade may be
reviewed and updated throughout the Decade and that at the mid-point of the
Decade the Economic and Social Council and the General Assembly should review
the results of the activities to identify obstacles to achievement of the
goals of the Decade and to recommend solutions for overcoming those obstacles;
5. Welcomes the affirmation by the General Assembly as a major
objective of the Decade the adoption of a declaration on the rights of
indigenous people;
6. Also welcomes the recognition by the General Assembly that among
the important objectives of the Decade is the consideration of the possible
establishment of a permanent forum for indigenous people within the
United Nations;
7. Recognizes the importance of strengthening the human and
institutional capacity of indigenous people to develop their own solutions to
their problems and, for these purposes, invites the Coordinator of the Decade
to recommend appropriate means of implementing the recommendation of the
General Assembly that the United Nations University consider the possibility
of sponsoring, in each region, one or more institutions of higher education as
centres of excellence and for the diffusion of expertise;
8. Welcomes the recommendations and requests contained in
paragraphs 8, 9, 11, 13, 14 and 15 of General Assembly resolution 50/157, and
invites the High Commissioner for Human Rights and the Coordinator of the
Decade to implement them as a matter of priority from within existing
resources and to provide informal briefings on activities undertaken for the
Decade within the United Nations system, including a review of activities
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in 1995 and those planned for 1996, and to report to the Commission on
Human Rights at its fifty-third session under the agenda item entitled
"Indigenous issues";
9. Emphasizes the important role of international cooperation in
promoting the goals and activities of the Decade and the rights, well-being
and sustainable development of indigenous people;
10. Also emphasizes the importance of action at the national level for
the implementation of the goals and activities of the Decade;
11. Encourages Governments to support the Decade by contributing to the
United Nations Trust Fund for the Decade;
12. Also encourages Governments, as appropriate, to support the Decade
by:
(a) Preparing relevant programmes, plans and reports in relation to the
Decade, in consultation with indigenous people;
(b) Seeking means, in consultation with indigenous people, of giving
indigenous people greater responsibility for their own affairs and an
effective voice in decisions on matters which affect them;
(c) Establishing national committees or other mechanisms involving
indigenous people to ensure that the objectives and activities of the Decade
are planned and implemented on the basis of full partnership with indigenous
people;
13. Further encourages Governments to consider contributing, as
appropriate, to the Fund for the Development of Indigenous Peoples of
Latin America and the Caribbean, in support of the achievement of the goals of
the Decade;
14. Welcomes the establishment by the Coordinator of the Decade of an
advisory body to provide guidance with regard to the projects and programmes
financed from the Voluntary Fund for the International Decade of the World’s
Indigenous People;
15. Appeals to Governments and intergovernmental and non-governmental
organizations to support the Decade by identifying resources for activities
designed to implement the goals of the Decade, in cooperation with indigenous
people;
16. Requests the High Commissioner for Human Rights when developing
programmes within the framework of the United Nations Decade for Human Rights
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Education to give due regard to the dissemination of information on the
situation, cultures, languages, rights and aspirations of indigenous people;
17. Encourages the High Commissioner for Human Rights and the
Coordinator of the Decade to cooperate with the Department of Public
Information in preparing and disseminating information on the International
Decade of the World’s Indigenous People, taking due care to portray accurately
the information regarding indigenous people;
18. Notes that the General Assembly, in paragraph 9 of the annex to its
resolution 50/157, stated that official observance of the Decade should be
part of the United Nations Conference on Human Settlements (Habitat II);
19. Decides to consider the International Decade of the World’s
Indigenous People at its fifty-third session under the agenda item entitled
"Indigenous issues".
52nd meeting
19 April 1996
[Adopted without a vote. See chap. XXIII.]
1996/40. Report of the Working Group on Indigenous Populations
of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities
The Commission on Human Rights,
Recalling Economic and Social Council resolution 1982/34 of 7 May 1982,
in which the Council authorized the Sub-Commission on Prevention of
Discrimination and Protection of Minorities to establish annually a working
group on indigenous populations with the mandate to review developments
pertaining to the promotion and protection of the human rights and fundamental
freedoms of indigenous people, giving special attention to the evolution of
standards concerning the rights of indigenous people,
Recalling also its resolution 1988/44 of 8 March 1988, in which it urged
the Working Group on Indigenous Populations to intensify its efforts in
carrying out its plan of action,
Noting General Assembly resolution 50/157 of 21 December 1995 in which
the Assembly adopted the programme of activities for the International Decade
of the World’s Indigenous People,
Having examined the report of the Working Group on its thirteenth session
(E/CN.4/Sub.2/1995/24),
Conscious that, in various situations, indigenous people are unable to
enjoy their inalienable human rights and fundamental freedoms,
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Determined to do everything possible to promote the enjoyment of the
human rights and fundamental freedoms of indigenous people,
Bearing in mind that international standards must be developed on the
basis of the diverse situations and aspirations of the world’s indigenous
people,
1. Takes note of the report of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities on its forty-seventh session
(E/CN.4/1996/2-E/CN.4/Sub.2/1996/51);
2. Expresses in appreciation and satisfaction to the Working Group on
Indigenous Populations of the Sub-Commission for its valuable work;
3. Also expresses its appreciation to observers who participated in
the thirteenth session of the Working Group on Indigenous Populations for
their active and constructive participation in its work;
4. Recommends to the Economic and Social Council that the Working
Group be authorized to meet for five working days prior to the
forty-eighth session of the Sub-Commission;
5. Invites the Working Group to take into account in its deliberations
on developments pertaining to the promotion and protection of the human rights
of indigenous people the work, within the framework of their respective
mandates, of all thematic special rapporteurs, special representatives,
independent experts, working groups and expert seminars as it pertains to the
situation of indigenous people;
6. Urges the Working Group to continue its comprehensive review of
developments and of the diverse situations and aspirations of the world’s
indigenous people, and welcomes its proposal to highlight at its
fourteenth session, under a sub-item of the item dealing with review of
developments, the question of indigenous people and health;
7. Takes note of the recommendation of the Working Group that the
Chairperson-Rapporteur address the concept of indigenous people, notes that
any work should take into account the views of Governments and organizations
of indigenous people, and requests that discussion of this issue take place
during the fourteenth session of the Working Group under the existing agenda
item on standard-setting and that the report of the Working Group be
transmitted to Governments and organizations of indigenous people prior to the
next session of the open-ended inter-sessional working group of the Commission
on Human Rights established in accordance with resolution 1995/32;
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8. Invites the Working Group to continue its consideration as to
whether there are ways in which the contribution of expertise from indigenous
people to the work of the Working Group might be enhanced;
9. Also invites the Working Group to include in its future work the
review of international activities undertaken during the International Decade
of the World’s Indigenous People and to receive information from Governments
on the implementation of the goals of the Decade in their respective
countries, in accordance with paragraph 16 of the annex to General Assembly
resolution 50/157 of 21 December 1995;
10. Requests the Working Group to include in the agenda of its
fourteenth session the question of how it will contribute to the
Secretary-General’s review of existing mechanisms, procedures and programmes
concerning indigenous people, providing information in that regard on its
mandate and current work programme of the Working Group;
11. Requests the Secretary-General to give adequate resources and
assistance, from within existing resources, to the Working Group in
discharging its tasks, including adequate dissemination of information about
the activities of the Working Group to Governments, specialized agencies,
non-governmental organizations and organizations of indigenous people, in
order to encourage the widest possible participation in its work;
12. Also requests the Secretary-General, from within existing
resources:
(a) To transmit the reports of the Working Group to Governments,
organizations of indigenous people and intergovernmental and non-governmental
organizations, as soon as possible, for specific comments and suggestions;
(b) To ensure that all meetings of the Working Group at its
fourteenth session are provided with interpretation and documentation;
13. Expresses its gratitude and appreciation to the Governments and
organizations that have made contributions to the United Nations Voluntary
Fund for Indigenous Populations;
14. Appeals to all Governments, organizations and individuals in a
position to do so to consider requests for further contributions to the Fund;
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15. Encourages all the initiatives that can be taken by Governments,
organizations of indigenous people and non-governmental organizations to
ensure the full participation of indigenous people in the activities related
to the tasks of the Working Group.
52nd meeting
19 April 1996
[Adopted without a vote. See chap. XXIII.]
1996/41. A permanent forum for indigenous people
in the United Nations system
The Commission on Human Rights,
Recalling the recommendations pertaining to indigenous people included in
the Vienna Declaration and Programme of Action adopted by the World Conference
on Human Rights, in particular the recommendation that the establishment of a
permanent forum for indigenous people in the United Nations system should be
considered,
Recalling also the recommendations of the United Nations Conference on
Environment and Development to involve indigenous people and their communities
in the United Nations programmes of environment and development as stated in
article 22 of the Rio Declaration on Environment and Development and in
chapter 26 of Agenda 21,
Recalling further its previous resolutions 1994/28 of 4 March 1994
and 1995/30 of 3 March 1995, as well as General Assembly resolutions 49/214
of 23 December 1994 and 50/157 of 21 December 1995,
Taking note of the report entitled "Consideration of a permanent forum
for indigenous people, Report of the workshop held, in accordance with
Commission resolution 1995/30, Copenhagen 26-28 June 1995"
(E/CN.4/Sub.2/AC.4/1995/7), the comments received by the Centre for Human
Rights thereon, the comments and suggestions of the Working Group on
Indigenous Populations contained in its report to the Sub-Commission on
Prevention of Discrimination and Protection of Minorities
(E/CN.4/Sub.2/1995/24) and resolution 1995/39 of 24 August 1995 entitled
"Permanent forum in the United Nations for indigenous people" adopted by the
Sub-Commission at its forty-seventh session,
Recalling that the Programme of activities for the International Decade
of the World’s Indigenous People adopted by the General Assembly in its
resolution 50/157 recognizes among the important objectives of the Decade that
consideration be given to the establishment of a permanent forum for
indigenous people in the United Nations system,
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page 69
Recognizing the importance of involving indigenous people and their
organizations in the consideration of the possible establishment of a
permanent forum, and acknowledging the important role of the Working Group on
Indigenous Populations in this respect,
1. Endorses the recommendation of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities that the Secretary-General
transmit the report entitled "Consideration of a permanent forum for
indigenous people, Report of the workshop held in accordance with Commission
resolution 1995/30, Copenhagen 26-28 June 1995" (E/CN.4/Sub.2/AC.4/1995/7) and
the comments received by the Centre for Human Rights thereon to Governments
and organizations of indigenous people, inviting them to express their views
concerning the question of the establishment of a permanent forum for
indigenous people and to report on the comments and suggestions received to
the Working Group on Indigenous Populations at its fourteenth session;
2. Requests the Secretary-General to transmit the report entitled
"Consideration of a permanent forum for indigenous people, Report of the
workshop held in accordance with Commission resolution 1995/30, Copenhagen,
26-28 June 1995" and the comments thereon received by the Centre for Human
Rights to relevant intergovernmental organizations;
3. Welcomes the recommendation of the General Assembly, as contained
in Assembly resolution 50/157, that the Secretary-General, drawing on the
expertise of the Commission on Human Rights, as well as the Commission for
Sustainable Development and other relevant bodies, undertake a review, in
close consultation with Governments and taking into account the views of
indigenous people, of the existing mechanisms, procedures and programmes
within the United Nations concerning indigenous people and to report to the
General Assembly at its fifty-first session;
4. Requests the Secretary-General to ensure, from within existing
resources, the implementation of the review in order to have it completed and
circulated to Governments, relevant intergovernmental organizations and
organizations of indigenous people for their comments well in advance of the
fifty-first session of the General Assembly;
5. Urges the relevant United Nations bodies, specialized agencies
and financial institutions responsible for the existing mechanisms,
procedures and programmes concerning indigenous people to facilitate the
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page 70
completion in full and on time of the review to be conducted by the
Secretary-General in accordance with General Assembly resolution 50/157;
6. Requests the Working Group on Indigenous Populations at its
fourteenth session to continue to give priority consideration to the possible
establishment of a permanent forum for indigenous people and to submit its
further comments and suggestions, through the Sub-Commission, to the
Commission on Human Rights at its fifty-third session;
7. Requests, in particular, the Working Group on Indigenous
Populations to place the Working Group’s own contribution to the review of
existing mechanisms, procedures and programmes concerning indigenous people on
the agenda of its fourteenth session and requests the Secretary-General to
invite relevant United Nations bodies and specialized agencies to submit
written information on their contributions to the review to be conducted by
the Secretary-General in accordance with General Assembly resolution 50/157;
8. Requests the Secretary-General to make this information available
to the Working Group on Indigenous Populations in advance of its
fourteenth session;
9. Takes note of the recommendation of the General Assembly as
contained in Assembly resolution 50/157 that the Commission on Human Rights,
drawing on the experience of the Copenhagen workshop and the results of the
review to be conducted by the Secretary-General, consider the convening of a
second workshop on the possible establishment of a permanent forum for
indigenous people with the participation of independent experts, as well as
representatives of Governments, organizations of indigenous people and other
non-governmental organizations concerned and United Nations bodies and
specialized agencies;
10. Decides to continue the consideration of a second workshop at its
fifty-third session in the context of the Commission’s continued consideration
of the possible establishment of a permanent forum under the agenda item
entitled "Indigenous issues";
11. Requests the Secretary-General to provide the Commission at
its fifty-third session with a report on the activities undertaken and
information received in pursuance of the present resolution.
52nd meeting
19 April 1996
[Adopted without a vote. See chap. XXIII.]
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