UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.LIMITED
E/CN.4/2000/L.11/Add.5
26 April 2000
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-sixth session
Agenda item 21 (b)
REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON THE
FIFTY-SIXTH SESSION OF THE COMMISSION
Draft report of the Commission
Rapporteur: Ms. Marie GERVAIS-VIDRICAIRE
CONTENTS*
Chapter Page
II. Resolutions and decisions adopted by the Commission at
its fifty-sixth session
A. Resolutions
2000/47. Promoting and consolidating democracy
2000/48. Human rights of migrants
2000/49. International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families
* Documents E/CN.4/2000/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.4/2000/L.11 and addenda.
GE.00-13462 (E)
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CONTENTS (continued)
Chapter Page
II.
A. Resolutions (continued)
2000/50. Tolerance and pluralism as indivisible elements
in the promotion and protection of human rights
2000/51. Human rights of persons with disabilities
2000/52. Rights of persons belonging to national or ethnic,
religious and linguistic minorities
2000/53. Internally displaced persons
2000/54. Violence against women migrant workers
2000/55. Human rights and mass exoduses
2000/56. Working Group on Indigenous Populations of the
Sub-Commission on the Promotion and Protection of
Human Rights and the International Decade of the
World’s Indigenous People
2000/57. 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
2000/58. Situation in the Republic of Chechnya of the Russian Federation
B. Decisions
2000/102. Globalization and its impact on the full enjoyment of all
human rights
2000/103. Question of human rights in Cyprus
2000/104. The rights of non-citizens
2000/105. Postponement of consideration of draft resolution E/CN.4/2000/L.63
2000/106. Study on indigenous land rights
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A. Resolutions
2000/47. Promoting and consolidating democracy
The Commission on Human Rights,
Bearing in mind the purposes and principles of the Charter of the United Nations, and
reaffirming that one of the basic aims of the United Nations is to promote and encourage respect
for human rights and fundamental freedoms for all, without distinction as to race, colour, sex,
language or religion, political or other opinion, national or social origin, property, disability,
birth or other status,
Recalling its resolution 1999/57 of 27 April 1999 on promotion of the right to
democracy,
Reaffirming the indissoluble link between human rights as enshrined in the Universal
Declaration of Human Rights and in the international human rights treaties and the foundation of
any democratic society,
Recalling that all peoples have the right of self-determination, by virtue of which they
can freely determine their political status and freely pursue their economic, social and cultural
development,
Recalling also that in the Vienna Declaration and Programme of Action, the World
Conference on Human Rights recommended that priority be given to national and international
action to promote democracy, development and human rights,
Recalling further General Assembly resolution 53/243 of 13 September 1999 containing
the Declaration and Programme of Action for a Culture of Peace,
Reaffirming its commitment to the process of democratization of States, and recognizing
that democracy, development and respect for human rights and fundamental freedoms are
interdependent and mutually reinforcing, and that democracy is based on the freely expressed
will of the people to determine their own political, economic, social and cultural systems and
their full participation in all aspects of their lives,
Reaffirming also that good governance, including through transparency and
accountability, is indispensable for building peaceful, prosperous and democratic societies,
Aware of the crucial importance of active involvement of civil society in processes of
governance that affect the life of people,
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Recalling commitments undertaken by Member States for the promotion of democracy
and the rule of law, within the framework of the United Nations and other international
organizations,
Welcoming measures such as resolution 1080 of the Organization of American States,
decision 12/XXXV of the Organization of African Unity and the 1991 Moscow Document on the
Human Dimension of the Conference for Security and Cooperation in Europe, which commit
member States to take certain steps in the event of an interruption of democratic government, as
well as the 1991 Harare Commonwealth Declaration which commits members to fundamental
democratic principles,
Encouraged by the wish of an increasing number of countries all over the world to devote
their energy, means and political will to the building of democratic societies where individuals
have the opportunity to shape their own destiny,
Noting the initiatives taken by the countries that participated in the International
Conferences of New or Restored Democracies, held in Manila in June 1988, in Managua in
July 1994 and in Bucharest in September 1997,
Noting that the Fourth International Conference of New or Restored Democracies is
scheduled to be held in Cotonou in December 2000, the initiative taken by Poland to host a
meeting of Governments committed to the democratic path in Warsaw in June 2000, as well as
the initiative of the Government of Mali to host in Bamako, in 2000, following the Declaration
of the 1999 Moncton Summit of the International Organization of the Francophonie, an
international symposium at ministerial level on the practices of democracy in the francophone
areas,
1. Calls upon States:
(a) To consolidate democracy through the promotion of pluralism, the protection of
human rights and fundamental freedoms, maximizing the participation of individuals in
decision-making and the development of competent and public institutions, including an
independent judiciary, effective and accountable legislature and public service and an electoral
system that ensures periodic, free and fair elections;
(b) To promote, protect and respect all human rights and fundamental freedoms, in
particular:
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(i) Freedom of thought, conscience, religion, belief, peaceful assembly and
association, as well as freedom of expression, freedom of opinion, and
free, independent and pluralistic media;
(ii) The rights of persons belonging to national, ethnic, religious or linguistic
minorities, including the right freely to express, preserve and develop their
identity without any discrimination and in full equality before the law;
(iii) The rights of indigenous people;
(iv) The rights of children, the elderly and persons with physical or mental
disabilities;
(v) By actively promoting gender equality with the aim of achieving full
equality between men and women;
(vi) By considering becoming parties to international human rights
instruments;
(vii) By fulfilling their obligations under international human rights
instruments to which they are parties;
(c) To strengthen the rule of law by:
(i) Ensuring equality before the law and equal protection under the law;
(ii) Ensuring the right to liberty and security of person, to equal access to
justice, and to be brought promptly before a judge or other officer
authorized by law to exercise judicial power in the case of detention, to
avoid arbitrary arrest;
(iii) Guaranteeing the right to a fair trial;
(iv) Ensuring due process of law and the right to be presumed innocent until
proven guilty in a court of law;
(v) Promoting continuously the independence and integrity of the judiciary
and, by means of appropriate education, selection, support and allocation
of resources, strengthening its capacity to render justice with fairness and
efficiency, free from improper or corrupt outside influence;
(vi) Guaranteeing that persons who are deprived of their liberty are treated
with humanity and dignity;
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(vii) Ensuring appropriate civil and administrative remedies and criminal
sanctions for violations of human rights, as well as effective protection for
human rights defenders;
(viii) Including information on human rights obligations in training for civil
servants, police forces and the military;
(ix) Ensuring that the military remains accountable to democratically elected
civilian government;
(d) To develop, nurture and maintain an electoral system that provides for the free
and fair expression of the people’s will through genuine and periodic elections, in particular by:
(i) Ensuring the right of everyone to take part in the government of his/her
country, directly or through freely chosen representatives;
(ii) Guaranteeing the right freely to vote and to be elected in a free and fair
process at regular intervals, by universal and equal suffrage, open to
multiple parties, conducted by secret ballot;
(iii) Taking measures as appropriate to address the representation of
under-represented segments of society;
(iv) Ensuring, through legislation, institutions and mechanisms, the freedom to
form democratic political parties as well as transparency and fairness of
the electoral process, including through appropriate access to funds and
free, independent and pluralistic media;
(e) To create and improve the legal framework and necessary mechanisms for
enabling the wide participation of members of civil society - individuals, groups and
associations - in the development of democracy, by:
(i) Respecting the diversity of society by promoting associations, dialogue
structures, mass media and their interaction as a means of strengthening
and developing democracy;
(ii) Fostering, through education and other means, awareness and respect for
democratic values;
(iii) Encouraging the exercise of the right to form, join and participate in
non-governmental organizations, associations or groups, including trade
unions;
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(iv) Guaranteeing mechanisms for the involvement of civil society in
processes of governance and developing cooperation between local
authorities and non-governmental organizations;
(v) Providing or improving the legal and administrative framework for
non-governmental, community-based and other civil society
organizations;
(vi) Promoting active civil education and education on human rights, inter alia
by organizations of civil society;
(f) To strengthen democracy through good governance by:
(i) Improving the transparency of public institutions and policy-making
procedures and enhancing the accountability of public officials;
(ii) Taking legal, administrative and political measures against corruption,
disclosing it and punishing all those involved in acts of corruption of
public officials;
(iii) Bringing government closer to the people by appropriate levels of
devolution;
(iv) Promoting the widest possible public access to information about the
activities of national and local authorities, as well as ensuring access by all
to administrative remedies, without discrimination;
(v) Fostering high levels of competence, ethics and professionalism within the
civil service, and its cooperation with the public, inter alia by providing
appropriate training to the civil service;
(g) To strengthen democracy by promoting sustainable development, in particular by:
(i) Taking effective measures aimed at the progressive realization of
economic, social and cultural rights, such as the right to education and the
right to a standard of living adequate for health and well-being, including
food, clothing, housing and medical care and necessary social services,
individually and through international cooperation;
(ii) Also taking effective measures aimed at overcoming social inequalities
and eliminating poverty;
(iii) Promoting economic freedom and pursuing active policies to provide
opportunities for productive employment and sustainable livelihood;
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(iv) Ensuring equal access to economic opportunities and equal pay and other
rewards for work of equal value;
(v) Creating a legislative and regulatory framework with a view to promoting
sound and sustainable economic development;
(h) To enhance social cohesion and solidarity by:
(i) Developing and strengthening institutional and educational capabilities, at
local and national levels, to mediate conflicts, to resolve disputes
peacefully, and to prevent and eliminate the use of violence in addressing
societal tensions and disagreements;
(ii) Improving social protection systems and working towards ensuring basic
social services for all;
(iii) Encouraging social dialogue and tripartite cooperation with respect to
labour relations among government, trade unions and employer
organizations, as reflected in the International Labour Organization core
Conventions;
2. Requests the Office of the United Nations High Commissioner for Human Rights
and human rights mechanisms of the Commission on Human Rights and the Sub-Commission on
the Promotion and Protection of Human Rights to pay due attention, within their mandates, to the
content of paragraph 1;
3. Requests the High Commissioner, in her report to the Commission at its
fifty-seventh session, to reflect progress on the implementation of the present resolution;
4. Requests the Secretary-General and the High Commissioner to bring the present
resolution to the attention of member States, the competent United Nations organs and
intergovernmental and non-governmental organizations and to disseminate it on the widest
possible basis;
5. Decides to continue consideration of the matter at its fifty-seventh session under
the same agenda item.
62nd meeting
25 April 2000
[Adopted by a roll-call vote of 45 votes to none,
with 8 abstentions. See chap. XI.]
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2000/48. Human rights of migrants
The Commission on Human Rights,
Considering that the Universal Declaration of Human Rights proclaims that all human
beings are born free and equal in dignity and rights and that everyone is entitled to all the rights
and freedoms set out therein, without distinction of any kind, in particular as to race, colour or
national origin,
Reaffirming that every State party to the International Covenant on Civil and Political
Rights must ensure to all individuals within its territory and subject to its jurisdiction the rights
recognized in the Covenant,
Reaffirming also that every State party to the International Covenant on Economic,
Social and Cultural Rights must undertake to guarantee that the rights enunciated in that
Covenant will be exercised without discrimination of any kind, including on the basis of national
origin,
Reaffirming the provisions concerning migrants adopted by the World Conference on
Human Rights, the International Conference on Population and Development, the World Summit
for Social Development and the Fourth World Conference on Women,
Recalling General Assembly resolution 40/144 of 13 December 1985, by which it
approved the Declaration on the Human Rights of Individuals Who are not Nationals of the
Country in which They Live,
Taking note of the large and increasing number of migrants in the world,
Deeply concerned at the manifestations of racism, xenophobia and other forms of
discrimination and inhuman and degrading treatment against migrants in different parts of the
world,
Bearing in mind the situation of vulnerability in which migrants frequently find
themselves, owing, inter alia, to their absence from their State of origin and to the difficulties
they encounter because of differences of language, custom and culture, as well as the economic
and social difficulties and obstacles for the return of migrants who are non-documented or in an
irregular situation to their States of origin,
Also bearing in mind the need for a focused and consistent approach towards migrants as
a specific vulnerable group, particularly women and children migrants,
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Encouraged by the increasing interest of the international community in the effective and
full protection of the human rights of all migrants, and underlining the need to make further
efforts to ensure respect for the human rights and fundamental freedoms of all migrants,
Taking note with appreciation of the recommendations by the Working Group of
intergovernmental experts on the human rights of migrants on strengthening the promotion,
protection and implementation of the human rights of this large vulnerable group,
Noting with appreciation the efforts made by some States to penalize the international
trafficking of migrants and to protect the victims of this illegal activity,
Bearing in mind the mandate of the Special Rapporteur on the human rights of migrants
contained in its resolution 1999/44 of 27 April 1999,
Also bearing in mind resolution 54/166, in which the General Assembly welcomes the
Commission’s decision to appoint a special rapporteur on the human rights of migrants,
Resolved to ensure respect for the human rights and fundamental freedoms of all
migrants,
1. Acknowledges that the principles and standards embodied in the Universal
Declaration of Human Rights apply to everyone, including migrants;
2. Requests States, in conformity with their respective constitutional systems, the
Universal Declaration of Human Rights and the international instruments to which they are
party, which may include the International Covenants on human rights, 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, the Convention on the
Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the
Child and other applicable international human rights instruments, effectively to promote and
protect the fundamental human rights of all migrants;
3. Welcomes the first report of the Special Rapporteur (E/CN.4/2000/82) submitted
pursuant to resolution 1999/44, especially the Plan of Action and recommendations;
4. Encourages the Special Rapporteur to continue examining ways and means of
overcoming existing obstacles to the full and effective protection of the human rights of this
vulnerable group, including obstacles and difficulties for the return of migrants who are
non-documented or in an irregular situation, in conformity with her mandate contained in
Commission on Human Rights resolution 1999/44;
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5. Requests the Special Rapporteur, in carrying out her mandate and within the
framework of the Universal Declaration of Human Rights and all other international human
rights instruments, to request, receive and exchange information on violations of the human
rights of migrants, wherever they may occur, from Governments, treaty bodies, specialized
agencies, special rapporteurs for various human rights questions and from intergovernmental
organizations, other competent organizations of the United Nations system and
non-governmental organizations, including migrants’ organizations, and to respond effectively to
such information;
6. Requests the aforementioned mechanisms to cooperate with the Special
Rapporteur;
7. Requests the Special Rapporteur to include in her work schedule a programme of
visits for the next two years, with a view to improving the protection afforded to the human
rights of migrants, thus implementing as broadly and fully as possible all the aspects of her
mandate;
8. Encourages Governments to give serious consideration to inviting the Special
Rapporteur to visit their countries so as to enable her to fulfil her mandate effectively;
9. Requests all Governments to cooperate fully with the Special Rapporteur in the
performance of the tasks and duties mandated, to furnish all information requested and to react
promptly to her urgent appeals;
10. Welcomes the Special Rapporteur’s recommendation that close links be
established between her work and that of the Preparatory Committee for the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance, within the
framework of the Conference’s objectives, and encourages her to help identify the main issues
which the Conference should address;
11. Requests the Special Rapporteur, in carrying out her mandate, to take into account
bilateral and regional negotiations which aim at addressing, inter alia, the return and reinsertion
of migrants who are non-documented or in an irregular situation;
12. Strongly condemns all forms of racial discrimination and xenophobia related to
access to employment, vocational training, housing, schooling, health services and social
services, as well as services intended for use by the public, and welcomes the active role played
by governmental and non-governmental organizations in combating racism and assisting
individual victims of racist acts, including migrant victims;
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13. Calls upon all States to consider reviewing and, where necessary, revising
immigration policies with a view to eliminating all discriminatory policies and practices against
migrants and to provide specialized training for government policy-making and law
enforcement, migration and other concerned officials, thus underlining the importance of
effective action to create conditions that foster greater harmony and tolerance within societies;
14. Reiterates the need for all States to protect fully the universally recognized human
rights of migrants, especially those of women and children, regardless of their legal status, and to
treat them humanely, particularly with regard to assistance and protection, applying inter alia the
measures provided under the Vienna Convention on Consular Relations regarding the right to
receive consular assistance by the country of origin;
15. Encourages Member States that have not yet done so to enact domestic legislation
to combat international trafficking of migrants, which should take into account, in particular,
trafficking that endangers the lives of migrants or entails different forms of servitude or
exploitation, such as any form of debt bondage, slavery and sexual or labour exploitation, and to
strengthen international cooperation to combat such trafficking;
16. Calls upon all States to protect the human rights of migrant children, particularly
unaccompanied migrant children, ensuring that the best interests of the children are the
paramount consideration, and encourages the relevant United Nations bodies, within the
framework of their respective mandates, to pay special attention to the conditions of migrant
children in all States and, where necessary, to put forward recommendations to strengthen their
protection;
17. Requests the Economic and Social Council to consider the possibility of
recommending that the Secretary-General adopt 18 December as “International Migrant’s Day”;
18. Requests the Special Rapporteur to submit a report on her activities to the
Commission at its fifty-seventh session;
19. Requests the Secretary-General to give the Special Rapporteur all necessary
human and financial assistance for the fulfilment of her mandate;
20. Decides to examine this question further, as a matter of priority, at its
fifty-seventh session under the same agenda item.
62nd meeting
25 April 2000
[Adopted without a vote. See chap. XIV.]
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2000/49. International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families
The Commission on Human Rights,
Reaffirming once more the permanent validity of the principles and standards embodied
in the principal instruments regarding the international protection of human rights, in particular
the Universal Declaration of Human Rights, the International Covenants on Human Rights, the
International Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Elimination of All Forms of Racial Discrimination against Women and the
Convention on the Rights of the Child,
Bearing in mind the principles and standards established within the framework of the
International Labour Organization and the importance of the task carried out in connection with
migrant workers and their families in other specialized agencies and in various United Nations
bodies,
Reiterating that, despite the existence of an already established body of principles and
norms, there is a need to make further efforts to improve the situation and to guarantee respect
for the human rights and dignity of all migrant workers and members of their families,
Concerned at the situation of migrant workers and members of their families and at the
marked increase in migratory movements that has occurred, especially in certain parts of the
world,
Underlining the importance of the creation of conditions to foster greater harmony
between migrant workers and the rest of the society of the State in which they reside, with the
aim of eliminating the growing manifestations of racism and xenophobia perpetrated in segments
of many societies by individuals or groups against migrant workers,
Recalling General Assembly resolution 45/158 of 18 December 1990, by which the
Assembly adopted and opened for signature, ratification and accession to the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families, contained in the annex to the resolution,
Considering that the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights urges all States to guarantee the protection of all migrant
workers and their families and invites them to consider the possibility of signing and ratifying
the Convention at the earliest possible time,
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1. Expresses its deep concern at the growing manifestations of racism, xenophobia
and other forms of discrimination and inhuman or degrading treatment against migrant workers
in different parts of the world;
2. Urges countries of destination to review and adopt, as appropriate, measures to
prevent the excessive use of force and to ensure that their police forces and competent migration
authorities comply with the basic standards relating to the decent treatment of migrant workers
and their families, inter alia, through the organization of training courses on human rights;
3. Takes note of the report of the Secretary-General (E/CN.4/2000/77) on the status
of the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and welcomes the fact that some additional member States have
recently signed, ratified or acceded to the Convention;
4. Welcomes the fact that some member States have signed or ratified the
International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families or have acceded to it;
5. Calls upon all member States to consider the possibility of signing and ratifying
or acceding to the Convention as a matter of priority, expresses the hope that this international
instrument will enter into force at an early date and observes that, in accordance with article 87
of the Convention, only eight more ratifications or accessions are needed for it to enter into
force;
6. Requests the Secretary-General to provide all facilities and assistance necessary
for the active promotion of the Convention, through the World Public Information Campaign for
Human Rights and the programme of advisory services in the field of human rights;
7. Welcomes the global campaign for entry into force of the Convention and invites
organizations and agencies of the United Nations system, as well as intergovernmental and
non-governmental organizations, to continue and intensify their efforts with a view to
disseminating information on the Convention and promoting an understanding thereof;
8. Requests the Secretary-General to submit to the Commission at its
fifty-seventh session a report on the status of the Convention and on the efforts made by the
Secretariat to promote the Convention and the protection of the rights of migrant workers;
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9. Decides to include in the provisional agenda of its fifty-seventh session an item
entitled “Specific groups and individuals: migrant workers”.
62nd meeting
25 April 2000
[Adopted without a vote. See chap. XIV.]
2000/50. Tolerance and pluralism as indivisible elements in the
promotion and protection of human rights
The Commission on Human Rights,
Recalling the Preamble to the Charter of the United Nations, which enjoins the peoples of
the United Nations to practise tolerance and live together in peace with one another as good
neighbours,
Recalling also the principles and purposes of the Charter of the United Nations,
Recalling also that the Universal Declaration of Human Rights affirms that education
shall be directed to the full development of the human personality and to the strengthening of
respect for human rights and fundamental freedoms and shall promote understanding, tolerance
and friendship among all nations and all racial or religious groups,
Recalling further the relevant paragraphs of the Vienna Declaration and Programme of
Action (A/CONF.157/23),
Noting that tolerance involves a positive acceptance of diversity and that pluralism
encompasses the willingness to accord equal respect to the civil, political, economic, social and
cultural rights of all individuals, without distinction based on race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status,
Recognizing that tolerance and pluralism strengthen democracy, facilitate the full
enjoyment of all human rights and thereby constitute a sound foundation for civil society, social
harmony and peace,
Fully aware that, even at the onset of the twenty-first century, forces of aggressive
nationalism, absence of religious tolerance and ethnic extremism continue to produce fresh
challenges,
Noting that in a multi-ethnic, multi-religious and multicultural world, no society is
beyond the dangers posed by the absence of tolerance and the violence that this can breed,
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Underlining the importance attached by the Committee on the Elimination of Racial
Discrimination to States parties providing for educational measures for the teaching of the
principles of tolerance and peaceful coexistence in a multicultural society,
Conscious that all forms of discrimination, including on ethnic grounds, are factors that
promote intolerance and infringe upon human rights and fundamental freedoms, which in turn
may threaten democratic pluralism and endanger harmony, peace and stability both within States
and internationally,
Convinced that the guiding principles of democratic society, such as equality, the rule of
law, accountability of Government, the observance of human rights, respect for pluralism and the
practice of tolerance, need to be actively promoted by the international community,
Recognizing that efforts to promote tolerance require cooperation by States, civil society
and individuals,
Recognizing also that promoting a culture of tolerance through human rights education is
an objective that must be advanced in all States, and that the Office of the United Nations High
Commissioner for Human Rights and mechanisms of the United Nations human rights system
have an important role to play in this regard,
1. Condemns unequivocally all violent acts and activities that infringe upon human
rights, fundamental freedoms and democracy and thereby undermine the values of tolerance and
plularism;
2. Reiterates the obligation of all States and the international community:
(a) To promote universal respect for and observance of all human rights and
fundamental freedoms;
(b) To protect effectively the human rights of all persons belonging to national or
ethnic, religious and linguistic minorities without any discrimination and in full equality before
the law;
(c) To oppose all forms of discrimination based on race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status in
order to promote tolerance and pluralism at the national and international levels and take all
appropriate means towards their prevention and elimination;
(d) To take steps to prevent all manifestations of hatred, intolerance and acts of
violence, in particular through education and dialogue;
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(e) To promote and enhance tolerance, coexistence and harmonious relations between
ethnic, religious, linguistic and other groups and ensure that the values of pluralism, respect for
diversity and non-discrimination are promoted effectively;
(f) To foster a culture conducive to promoting and protecting human rights,
fundamental freedoms and tolerance, inter alia through education leading to genuine pluralism, a
positive acceptance of diversity of opinion and belief, and respect for the dignity of the human
person;
3. Notes with appreciation the activities undertaken by the Office of the High
Commissioner for Human Rights to promote the values of tolerance and pluralism and calls upon
the High Commissioner and her Office to take further steps:
(a) To include, in the work programmes of the Office, within overall existing
resources, the promotion of tolerance, where appropriate through workshops and seminars, using
mass media and non-governmental organizations, and, through its programme of advisory
services and technical cooperation, to assist countries in their national programmes;
(b) To undertake, in that regard, specific educational initiatives and public-awareness
activities for the promotion of tolerance and pluralism within the programmes and activities
being implemented as part of the United Nations Decade for Human Rights Education
(1995-2004), the International Decade of the World’s Indigenous People (1995-2004) and the
Third Decade to Combat Racism and Racial Discrimination (1993-2003), and in the context of
the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance and the preparations for the twentieth anniversary of the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief;
(c) To advise or assist countries, upon request, through the programme of advisory
services and technical cooperation, to put in place effective safeguards, including appropriate
legislation, to guarantee the full enjoyment of all human rights by all segments of their
population, without discrimination of any kind;
4. Calls upon the High Commissioner for Human Rights and her Office to include
details of activities undertaken by the Office to implement the present resolution in her report to
the Commission at its fifty-eighth session;
5. Also calls upon the relevant mechanisms of the Commission:
(a) To continue to attach the highest priority to the effective promotion, at the
national and international levels, of the values of democracy, pluralism and tolerance;
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(b) To further study situations and conditions that promote intolerance;
(c) To continue efforts aimed at identifying commonly accepted principles and best
practices to promote tolerance and pluralism;
6. Welcomes the role of civil society, particularly non-governmental organizations
working at the grass-roots level, in disseminating the importance of tolerance and pluralism
through their awareness-raising activities;
7. Decides to consider this question at its fifty-eighth session under the appropriate
agenda item.
62nd meeting
25 April 2000
[Adopted without a vote. See chap. XIV.]
2000/51. 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 that all persons with disabilities have the right to protection against
discrimination and to full and equal enjoyment of their human rights, as laid down, inter alia, in
the provisions of the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights,
the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of
Discrimination against Women and the Vocational Rehabilitation and Employment (Disabled
Persons) Convention, 1983 (Convention No. 159) of the International Labour Organization,
Recalling also the report of the Secretary􀀀*HQHUDO_WR_WKH_*HQHUDO_$VVHPEO\_RQ_WKH_WKLUG
quinquennial review and appraisal of the World Programme of Action concerning Disabled
Persons (A/52/351),
Reaffirming the continuing validity and value of the World Programme of Action
concerning Disabled Persons, adopted by the General Assembly at its thirty-seventh session,
which provides a firm and innovative framework for promoting and protecting the human rights
of persons with disabilities,
E/CN.4/2000/L.11/Add.5
page 19
Mindful of the unreserved reaffirmation in the Vienna Declaration and Programme of
Action and by the Fourth World Conference on Women of the human rights and fundamental
freedoms of persons with disabilities, as well as 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,
Reaffirming its resolution 1998/31 of 17 April 1998 on the human rights of persons with
disabilities,
Recalling General Assembly resolution 48/96 of 20 December 1993, by which the
Assembly adopted the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (Standard Rules),
Noting the final report of the Special Rapporteur of the Commission for Social
Development on monitoring the implementation of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (E/CN.5/2000/3, annex),
Reaffirming Economic and Social Council resolutions 1997/19 of 21 July 1997 on
equalization of opportunities for persons with disabilities and 1997/20 of 21 July 1997 on
children with disabilities,
Recalling General Assembly resolution 52/107 of 12 December 1997, in which the
Assembly called for the full and equal enjoyment of all human rights and fundamental freedoms
by children with disabilities,
Welcoming initiatives to hold international conferences relating to persons with
disabilities, including the holding of the Sixth World Assembly of Disabled People’s
International in Japan in 2002,
Re-emphasizing the responsibility of Governments for removing or facilitating the
removal 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,
E/CN.4/2000/L.11/Add.5
page 20
Noting the reports of Mr. Leandro Despouy, Special Rapporteur of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities, and the Office of the
United Nations High Commissioner for Human Rights publication Human Rights and Disabled
Persons, in which international mechanisms for the promotion and protection of the human rights
of persons with disabilities, such as an ombudsman, are proposed,
Noting also the International Labour Organization survey of the law and practice of
States parties to Convention No. 159,
Noting with interest the adoption by the Organization of American States of the
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons
with Disabilities on 7 June 1999 as one good example of regional concern and action,
Noting with interest also the changes brought about by the Treaty of Amsterdam 1997
enabling the European Community to adopt appropriate measures to combat discrimination on
the grounds, inter alia, of disability,
Concerned at the extent of disabilities caused by the indiscriminate use of anti-personnel
mines, particularly among civilian populations,
1. Recognizes that any violation of the fundamental principle of equality or any
discrimination or other negative differential treatment of persons with disabilities inconsistent
with the United Nations Standard Rules on the Equalization of Opportunities for Persons with
Disabilities is an infringement of the human rights of persons with disabilities;
2. 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;
3. Notes with appreciation the valuable work undertaken by the Special Rapporteur
on disability of the Commission for Social Development as recommended in resolution
E/CN.5/2000/L.6 of that Commission;
4. Invites the Special Rapporteur of the Commission for Social Development to
address the Commission on Human Rights at its fifty-eighth session;
5. Takes note of the third global survey undertaken by the office of the Special
Rapporteur on disability in collaboration with the World Health Organization;
E/CN.4/2000/L.11/Add.5
page 21
6. 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;
7. Encourages non-governmental organizations active in the promotion and
protection of the human rights of persons with disabilities to cooperate closely with each other
and to provide relevant information to the Committee on Economic, Social and Cultural Rights
and to the Office of the High Commissioner for Human Rights;
8. Also encourages such non-governmental organizations to avail themselves of the
technical assistance of the Office of the High Commissioner for Human Rights to assist them to
function effectively in the human rights sphere;
9. Encourages Governments to support non-governmental organizations active in the
promotion and protection of the human rights of persons with disabilities in accordance with
Rule Eighteen of the Standard Rules;
10. Recognizes the right of persons with disabilities, individually and collectively, to
form and become members of organizations of persons with disabilities and the right of such
organizations to speak for and act as legitimate representatives of their members;
11. Invites 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,
and urges Governments to cover fully the question of the human rights of persons with
disabilities in complying with reporting obligations under the relevant United Nations human
rights instruments;
12. Invites all special rapporteurs, in carrying out their mandates, to take into account
the situation and human rights of persons with disabilities;
13. Urges Governments to implement, with the cooperation and assistance of relevant
organizations, the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities, having particular regard for the needs of women, children and persons with
developmental and psychiatric disabilities in order to guarantee their human dignity and
integrity;
14. 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
E/CN.4/2000/L.11/Add.5
page 22
implementation of the Standard Rules, within the context of the World Programme of Action
concerning Disabled Persons;
15. Requests the Secretary-General to continue 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;
16. Expresses grave concern that situations of armed conflict have especially
devastating consequences for the human rights of persons with disabilities;
17. Welcomes increased international efforts in various forums with respect to
anti-personnel mines, and in this regard takes due note of the conclusion and entry into force of
the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of
Anti-personnel Mines and on Their Destruction, as well as of the amended Protocol II to the
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which
May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects;
18. Calls upon all States and relevant United Nations bodies, including the Voluntary
Trust Fund for Assistance in Mine Clearance, to contribute on an ongoing basis to international
mine-clearance efforts, and urges States to take further action to promote gender- and
age-appropriate mine-awareness programmes and rehabilitation, thereby reducing the number
and the plight of victims;
19. Encourages the development of programmes for persons with disabilities to
enable them to develop their potential to participate fully in all aspects of society;
20. 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;
21. Also requests the Secretary-General to make available to the Commission at its
fifty-seventh 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
Opportunities for Persons with Disabilities;
22. Calls upon the United Nations Development Programme and all
intergovernmental institutions for development cooperation to integrate disability measures into
their mainstream activities;
23. Requests that all United Nations organizations and specialized agencies address
the problems that exist in creating equal opportunities for persons with disabilities at all levels;
E/CN.4/2000/L.11/Add.5
page 23
24. Encourages Governments to work towards developing appropriate education
policies and practices for children and adults with disabilities, to include persons with disabilities
in strategies and plans aimed at eradicating poverty, promoting education and enhancing
employment, and to take account of the right of persons with disabilities to housing, shelter,
transport and supportive equipment;
25. Invites the International Labour Organization, in cooperation with Governments
and intergovernmental bodies, to take the lead internationally in formulating policies and
strategies that will lead to equal job opportunities;
26. Invites Governments and non-governmental organizations to collect and collate
appropriate information and data on persons with disabilities to assist in the formulation of
effective policies to address issues of equality;
27. Recommends that the Office of the High Commissioner for Human Rights take
account of information on legislation affecting the human rights of persons with disabilities
which has been collected by the Special Rapporteur on disability of the Commission for Social
Development;
28. Invites multilateral development agencies, in the light of the Standard Rules, to
pay due regard to the question of access and related disability rights issues in connection with the
projects they sponsor and fund;
29. Reaffirms its commitment to ensuring that the human rights of persons with
disabilities and their concerns for full participation in all aspects of society continue to be
addressed in all of its work;
30. Invites the High Commissioner for Human Rights, in cooperation with the Special
Rapporteur on disability of the Commission for Social Development, to examine measures to
strengthen the protection and monitoring of the human rights of persons with disabilities and to
solicit input and proposals from interested parties, including particularly the Panel of Experts;
31. Decides to continue its consideration of this question at its fifty-eighth session
under the same agenda item.
62nd meeting
25 April 2000
[Adopted without a vote. See chap. XIV.]
E/CN.4/2000/L.11/Add.5
page 24
2000/52. Rights of persons belonging to national or ethnic, religious
and linguistic minorities
The Commission on Human Rights,
Recalling General Assembly resolution 47/135 of 18 December 1992, as well as
subsequent resolutions of the Assembly on the Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities, Commission on Human Rights
resolution 1995/24 of 3 March 1995 and Economic and Social Council decision 1998/246 of
30 July 1998,
Considering that the promotion and protection of the rights of persons belonging to
national or ethnic, religious and linguistic minorities contribute to political and social stability
and peace and enrich the cultural heritage of society as a whole,
Affirming that effective measures and the creation of favourable conditions for the
promotion and protection of the rights of persons belonging to national or ethnic, religious and
linguistic minorities, ensuring effective non-discrimination and equality for all, as well as full
and effective participation in matters affecting them, contribute to the prevention and peaceful
solution of human rights problems and situations involving minorities,
Acknowledging that national or ethnic, religious and linguistic minorities contribute to
the diversity of societies and that minority rights promote tolerance within societies, and
recognizing that promoting a culture of tolerance through human rights education shall be
advanced by all States,
Concerned at the growing frequency and severity of disputes and conflicts regarding
minorities in many countries, and their often tragic consequences, and that persons belonging to
minorities are particularly vulnerable to displacement through, inter alia, population transfers,
refugee flows and forced relocation,
Concerned also at instances of victimization or marginalization of persons belonging to
minorities in situations of political or economic instability,
Taking note of Sub-Commission on the Promotion and Protection of Human Rights
resolution 1999/23 of 26 August 1999 on prevention of discrimination against and the protection
of minorities,
Acknowledging that the United Nations has an increasingly important role to play
regarding the protection of minorities by, inter alia, taking due account of and giving effect to the
Declaration,
E/CN.4/2000/L.11/Add.5
page 25
1. Takes note of the report of the Secretary-General on the rights of persons
belonging to national or ethnic, religious and linguistic minorities (E/CN.4/2000/79) and of the
report of the Working Group on Minorities on its fifth session (E/CN.4/Sub.2/1999/21), in
particular the conclusions and recommendations contained therein;
2. Reaffirms the obligation of States to ensure that persons belonging to national or
ethnic, religious and linguistic minorities may exercise fully and effectively all human rights and
fundamental freedoms without any discrimination and in full equality before the law in
accordance with the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities;
3. Urges States and the international community to promote and protect the rights of
persons belonging to national or ethnic, religious and linguistic minorities, as set out in the
Declaration, including through the facilitation of their participation in all aspects of the political,
economic, social, religious and cultural life of society and in the economic progress and
development of the country;
4. Also urges States to take, as appropriate, all the necessary constitutional,
legislative, administrative and other measures to promote and give effect to the Declaration;
5. Recommends that the human rights treaty bodies, when considering reports
submitted by States parties, give particular attention to the implementation of articles relating to
the rights of persons belonging to national or ethnic, religious and linguistic minorities;
6. Calls upon special representatives, special rapporteurs and working groups of the
Commission to continue to give attention, within their respective mandates, to situations
involving minorities;
7. Calls upon the Secretary-General to make available, at the request of
Governments concerned, qualified expertise on minority issues, including the prevention and
resolution of disputes, to assist in existing or potential situations involving minorities and to
include in his report to its fifty-seventh session information on relevant projects and activities in
this regard;
8. Calls upon the High Commissioner for Human Rights to continue to promote,
within her mandate, the implementation of the Declaration and to engage in a dialogue with
Governments concerned for that purpose;
9. Invites the High Commissioner for Human Rights to continue her efforts to
improve the coordination and cooperation of United Nations programmes and agencies active in
E/CN.4/2000/L.11/Add.5
page 26
the field of the promotion and protection of the rights of persons belonging to national or ethnic,
religious and linguistic minorities, and invites the United Nations programmes and agencies to
continue to give attention within their respective mandates to situations of minorities;
10. Takes note of the holding of expert seminars, in accordance with the
recommendations of the Working Group on Minorities, on the effective participation of
minorities from 30 April to 2 May 1999 in Flensburg, Germany, and on intercultural and
multicultural education from 29 September to 2 October 1999 in Montreal, Canada;
11. Takes note of the emphasis by the Working Group on Minorities regarding the
participation by minorities and the work on a manual on the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities;
12. Requests the Working Group, within its mandate, to contribute to, and participate
in, the preparations for the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, and to intensify its activities in this regard;
13. Requests the Secretary-General to provide the Working Group, from within
existing resources, with all the necessary services and facilities to fulfil its mandate;
14. Calls upon States, intergovernmental organizations, United Nations bodies and
non-governmental organizations to participate actively in the work of the Working Group,
including through written contributions;
15. Also calls upon States to facilitate the effective participation of representatives of
non-governmental organizations and persons belonging to minorities in the work of the Working
Group on Minorities, and invites the High Commissioner for Human Rights to seek voluntary
contributions in this regard;
16. Invites the Office of the High Commissioner for Human Rights to consider
favourably the recommendation of the Working Group to organize a seminar for representatives
of international and regional organizations, treaty bodies and specialized agencies, to discuss
issues concerning their respective work on the protection of minorities, improve coordination so
as to reduce duplication and parallel activities, exchange information and seek ways of better
protecting the rights of persons belonging to minorities;
17. Requests the Secretary-General to report to the Commission at its fifty-seventh
session on the implementation of the present resolution;
E/CN.4/2000/L.11/Add.5
page 27
18. Decides to continue its consideration of this question at its fifty-seventh session
under the same agenda item.
63rd meeting
25 April 2000
[Adopted without a vote. See chap. XIV.]
2000/53. Internally displaced persons
The Commission on Human Rights,
Deeply disturbed by the alarmingly high numbers of internally displaced persons
throughout the world who receive inadequate protection and assistance, and conscious of the
serious challenge this is creating for the international community,
Conscious of the human rights and humanitarian dimensions of the problem of internally
displaced persons and the responsibilities this poses for States and the international community
to explore methods and means better to address their protection and assistance needs,
Recalling the relevant norms of international human rights instruments, international
humanitarian law and refugee law, and recognizing that the protection of internally displaced
persons has been strengthened by identifying, reaffirming and consolidating specific rights for
their protection, in particular through the Guiding Principles on Internal Displacement,
Recalling also its previous relevant resolutions, in particular resolution 1999/47 of
27 April 1999, and General Assembly resolution 54/167 of 17 December 1999, as well as the
Vienna Declaration and Programme of Action, regarding the need to develop global strategies to
address the problem of internal displacement,
Recalling further that the Economic and Social Council in its agreed conclusions 1998/2
of 28 July 1998 on the coordinated follow-up to and implementation of the Vienna Declaration
and Programme of Action commended the efforts of the Representative of the Secretary-General
to promote a comprehensive strategy that focuses on prevention, as well as better protection,
assistance and development for internally displaced persons,
Recalling in particular Economic and Social Council agreed conclusions 1998/1 of
17 July 1998 on special economic, humanitarian and disaster relief assistance, in which the
Council noted with satisfaction the designation of the Emergency Relief Coordinator as the focal
E/CN.4/2000/L.11/Add.5
page 28
point for inter-agency coordination of humanitarian assistance to internally displaced persons
and also noted the adoption by the Inter-Agency Standing Committee of the Guiding Principles
on Internal Displacement,
Recalling also Economic and Social Council agreed conclusions 1999/1 of 23 July 1999
on special economic, humanitarian and disaster relief assistance, in which the Council called on
all States to apply international norms with regard to internally displaced persons, called for
further strengthening and coordinating of international efforts for those persons and welcomed
the efforts of the Representative of the Secretary-General for internally displaced persons, the
Emergency Relief Coordinator and the members of the Inter-Agency Standing Committee in this
regard,
Noting the growing interest of the international community in the issue of internally
displaced persons and the decision of the Economic and Social Council to address this issue in
the context of the humanitarian segment at its substantive session in 2000,
Noting also the recommendations concerning internally displaced persons contained in
the report of the Secretary-General on the protection of civilians in armed conflict (S/1999/957),
Recalling the statement by the President of the the Security Council of 13 January 2000
(S/PRST/2000/1) which emphasized that national authorities have the primary responsibility to
provide protection and assistance to internally displaced persons within their jurisdiction,
Deploring practices of forced displacement, in particular “ethnic cleansing” and forced
relocations, and the negative impact they constitute for the enjoyment of fundamental human
rights by large groups of populations,
Noting the work of the Representative of the Secretary-General on internally displaced
persons in developing a legal framework, in particular the compilation and analysis of legal
norms and the development of guiding principles; analysing institutional arrangements;
undertaking dialogue with Governments; and issuing a series of reports on particular country
situations together with proposals for remedial measures,
Welcoming the cooperation established between the Representative of the
Secretary-General and the United Nations as well as other international and regional
organizations, in particular the participation of the Representative in the work of the
Inter-Agency Standing Committee and its subsidiary bodies, and encouraging further
strengthening of this collaboration in order to promote better assistance, protection and
development strategies for internally displaced persons,
E/CN.4/2000/L.11/Add.5
page 29
1. Takes note with appreciation of the report of the Representative of the
Secretary-General on internally displaced persons (E/CN.4/2000/83 and Adds.1-3);
2. Expresses its appreciation to the Representative of the Secretary-General for the
activities undertaken so far, despite the limited resources available to him, and for the catalytic
role he continues to play to raise the level of consciousness about the plight of internally
displaced persons;
3. Also expresses its appreciation to those Governments and intergovernmental and
non-governmental organizations which have provided assistance and protection to internally
displaced persons and have supported the work of the Representative of the Secretary-General;
4. Commends the Representative of the Secretary-General for his efforts to promote
a comprehensive strategy that focuses on prevention, as well as better protection, assistance and
development for internally displaced persons;
5. Encourages the Representative of the Secretary-General through continuous
dialogue with Governments and all intergovernmental and non-governmental organizations
concerned to continue his analysis of the causes of internal displacement, the needs of those
displaced, measures of prevention and ways to strengthen protection, assistance and solutions for
the internally displaced, taking into account specific situations;
6. Welcomes the fact that the Representative of the Secretary-General has made use
of the Guiding Principles on Internal Displacement in his dialogue with Governments and
intergovernmental and non-governmental organizations, and requests him to continue his efforts
in that regard;
7. Notes with appreciation that United Nations agencies, regional and
non-governmental organizations are making use of the Guiding Principles in their work,
encourages the further dissemination and application of the Guiding Principles, expresses its
appreciation for the dissemination and promotion of the Guiding Principles at regional and other
seminars on displacement and encourages the Representative to continue to initiate or support
such seminars in consultation with regional organizations, intergovernmental and
non-governmental organizations and other relevant institutions;
8. Welcomes the specific attention paid by the Representative of the
Secretary-General to the special assistance, protection and development needs of internally
displaced women and children and his commitment to pay more systematic and in-depth
attention to the specific needs of women and children and to the strategies for addressing such
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page 30
concerns, and welcomes in this regard the Expert Meeting on Gender Dimensions of Internal
Displacement hosted by the United Nations Children’s Fund in June 1999 and the paper on the
same subject presented to the Inter-Agency Standing Committee;
9. Thanks Governments which have invited the Representative of the
Secretary-General to visit their countries and encourages them to follow up on his
recommendations and suggestions and to make available information on measures taken thereon;
10. Calls upon all Governments to facilitate the activities of the Representative of the
Secretary-General, in particular those Governments with situations of internal displacement
which have not yet extended invitations or responded positively to requests for information from
the Representative;
11. Also calls upon Governments to provide, and to facilitate the efforts of relevant
United Nations agencies and humanitarian organizations to provide protection and assistance to
internally displaced persons, including by further improving access to internally displaced
persons;
12. Stresses the importance of appropriate follow-up to the recommendations of the
Representative by Governments as well as by the relevant parts of the United Nations system in
the Inter-Agency Standing Committee, including at the country level;
13. Stresses the need to further strengthen inter-agency arrangements with regard to
internally displaced persons that are predictable, characterized by accountability within the
United Nations system, universal in their application and equipped to meet the immense
humanitarian challenge, and calls upon States to provide adequate resources for programmes to
assist and protect internally displaced persons;
14. Welcomes the development of frameworks of cooperation to address the needs of
internally displaced persons, in particular the designation of the Emergency Relief Coordinator
as the focal point for inter-agency coordination of humanitarian assistance to internally displaced
persons, the appointment of an adviser on internally displaced persons within the Office for the
Coordination of Humanitarian Affairs and the designation of focal points on internally displaced
persons within some of the other international organizations, and encourages the Representative
of the Secretary-General, the United Nations High Commissioner for Human Rights, the
United Nations High Commissioner for Refugees, the Emergency Relief Coordinator and the
Office for the Coordination of Humanitarian Affairs, the United Nations Development
Programme, the United Nations Children’s Fund, the World Food Programme, the World Health
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page 31
Organization, the International Organization for Migration, the International Committee of the
Red Cross and all other relevant humanitarian assistance and development organizations,
including non-governmental organizations, further to enhance their collaboration;
15. Also welcomes the ongoing review of the Inter-Agency Standing Committee and
its members of their policies and programmes concerning internally displaced persons, including
through the adoption of a policy paper on the protection of internally displaced persons, the
“Handbook for Applying the Guiding Principles on Internal Displacement”, the “Manual on
Field Practice in Internal Displacement” and the “Supplementary Guidance to
Humanitarian/Resident Coordinators on their Responsibilities in Relation to Internally Displaced
Persons”, underlines the need for these organizations to strengthen their capacities and policies
in addressing internal displacement and urges stronger collaborative arrangements both at
headquarters and in the field in order to close remaining gaps relating to protection, assistance
and solutions for internally displaced persons;
16. Notes with appreciation the increased attention paid to internally displaced
persons in the consolidated inter-agency appeals process and encourages further efforts to
improve the integration of internal displacement in consolidated appeals;
17. Welcomes the establishment of the global internally displaced persons database,
as advocated by the Representative of the Secretary-General, and encourages the members of the
Inter-Agency Standing Committee and Governments to continue to collaborate on and support
this effort, including by providing financial resources;
18. Also welcomes the initiatives undertaken by regional organizations, such as the
Organization of African Unity, the Organization of American States and the Organization for
Security and Co-operation in Europe, to address the assistance, protection and development
needs of internally displaced persons and encourages them and other regional organizations to
strengthen their activities and their cooperation with the Representative of the Secretary-General;
19. Further welcomes the attention paid by relevant special rapporteurs, working
groups, experts and treaty bodies to issues of internal displacement, and calls upon them to
continue to seek information on situations which have already created or could create internal
displacement and to include relevant information and recommendations thereon in their reports
and make them available to the Representative of the Secretary-General;
20. Calls upon the United Nations High Commissioner for Human Rights to develop
projects, in cooperation with Governments, relevant international organizations and the
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page 32
Representative of the Secretary-General, to promote the human rights of internally displaced
persons, as part of the programme of advisory services and technical cooperation, and to include
in her report to the Commission information on their implementation;
21. Requests the Secretary-General to disseminate resolution 1998/26 of
26 August 1998 of the Sub-Commission on the Promotion and Protection of Human Rights on
housing and property restitution in the context of the return of refugees and internally displaced
persons;
22. Requests the Secretary-General to provide his Representative, from within
existing resources, with all necessary assistance to carry out his mandate effectively, and
encourages the Representative of the Secretary-General to continue to seek the contribution of
States, relevant organizations and institutions in order to put the work of the Representative on a
more stable basis;
23 Requests the Representative of the Secretary-General to continue to report on his
activities, to the General Assembly and to the Commission on Human Rights;
24. Decides to continue its consideration of the question of internal displacement at
its fifty-seventh session.
63rd meeting
25 April 2000
[Adopted without a vote. See chap. XIV.]
2000/54. Violence against women migrant workers
The Commission on Human Rights,
Recalling all previous resolutions on violence against women migrant workers adopted
by the General Assembly, the Commission on the Status of Women, the Commission on Crime
Prevention and Criminal Justice and the Commission on Human Rights, as well as the
Declaration on the Elimination of Violence against Women,
Affirming the outcomes of the World Conference on Human Rights, the International
Conference on Population and Development, the World Summit for Social Development and the
Fourth World Conference on Women, specifically as they pertain to women migrant workers,
Emphasizing the need for accurate, objective, comprehensive and comparable
information, as well as for a wide and systematic exchange of experiences and lessons learned by
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page 33
individual countries in protecting and promoting the rights and welfare of women migrant
workers for policy formulation and joint action,
Noting the large numbers of women from developing countries and from some countries
with economies in transition who continue to venture forth to more affluent countries in search
of a living for themselves and their families as a consequence of, inter alia, poverty,
unemployment and other socio-economic conditions, and acknowledging the duty of sending
States to work for conditions that provide employment and security to their citizens,
Deeply concerned over the continuing reports of grave abuses and acts of violence
committed against the persons of women migrant workers by some employers in some host
countries,
Encouraged by some measures adopted by some receiving States to alleviate the plight of
women migrant workers residing within their areas of jurisdiction,
Recognizing the importance of continued cooperation at the bilateral, regional and
international levels in protecting and promoting the rights and welfare of women migrant
workers,
1. Takes note of the report of the Secretary-General on violence against women
migrant workers (E/CN.4/2000/76);
2. Welcomes the report of the Special Rapporteur on the human rights of migrants
(E/CN.4/2000/82), particularly the observations made on violence against women migrant
workers, and encourages her to continue addressing the issue of violence against women migrant
workers, in particular the problem of gender-based violence and of discrimination;
3. Takes note with appreciation of the workshop-seminar on “Migrant women, boys
and girls” held in San Salvador on 25 and 26 February 2000 as part of the Plan of Action of the
Regional Conference on Migration;
4. Calls upon concerned Governments, particularly those of countries of origin and
destination, if they have not done so, to put in place penal sanctions to punish perpetrators of
violence against women migrant workers and, to the extent possible, to provide the victims of
violence with the full range of immediate assistance, such as counselling, legal and consular
assistance, temporary shelters and other measures that will allow them to be present during the
judicial process, to safeguard their dignified return to the country of origin as well as to establish
reintegration and rehabilitation schemes for returning women migrant workers;
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5. Invites the States concerned, specifically countries of origin and destination, to
consider adopting appropriate legal measures against intermediaries who deliberately encourage
the clandestine movement of workers and who exploit women migrant workers in violation of
their human dignity;
6. Encourages States to consider signing and ratifying or acceding to the
International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families, as well as the Slavery Convention of 1926;
7. Requests the Secretary-General to submit to the Commission on Human Rights at
its fifty-eighth session a comprehensive follow-up report on the problem of violence against
women migrant workers, taking into account the views of States and based on all available
information from authorities and bodies within the United Nations system, intergovernmental
organizations and other sources, including non-governmental organizations;
8. Decides to continue its consideration of this question at its fifty-eighth session
under the appropriate agenda item.
63rd meeting
25 April 2000
[Adopted without a vote. See chap. XIV.]
2000/55. Human rights and mass exoduses
The Commission on Human Rights,
Deeply disturbed by the scale and magnitude of exoduses and displacements of people in
many regions of the world and by the human suffering of refugees and displaced persons, a high
proportion of whom are women and children,
Recalling its previous relevant resolutions, in particular resolution 1998/49 of
17 April 1998,1 as well as those of the General Assembly, and the conclusions of the World
Conference on Human Rights,2 which recognized that violations of human rights, persecution,
political and ethnic conflicts, famine and economic insecurity, poverty and generalized violence
are among the root causes leading to the mass exodus and displacement of people,
1 See Official Records of the Economic and Social Council, 1998, Supplement No. 3 (E/1998/23),
chap. II, sect. A.
2 A/CONF.157/24 (part I), chap. III.
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Taking note of the report of the Secretary-General on the protection of civilians in armed
conflict (A/54/619 and S/1999/957) and the recommendations made therein, as well as
Security Council resolutions 1265 (1999) of 17 September 1999 on the protection of civilians in
armed conflict and 1261 (1999) of 25 August 1999 on children in armed conflict, and relevant
statements by the President of the Security Council,
Recalling also all relevant human rights standards, including the Universal Declaration of
Human Rights, the principles of international protection for refugees and the General
Conclusions of the Executive Committee of the Programme of the United Nations High
Commissioner for Refugees on international protection,3 and that asylum applicants should have
access to fair and expeditious status-determination procedures,
Stressing the importance of adherence to international humanitarian, human rights and
refugee law in order to avert mass exoduses and displacements and to protect refugees and
internally displaced persons, and expressing its deep concern at the lack of respect for those laws
and principles, especially during armed conflict, inter alia the denial of full, safe and unimpeded
access to displaced persons,
Reaffirming the primary responsibility of States to ensure the protection of refugees and
internally displaced persons within their own territories, including by upholding the security and
civilian and humanitarian nature of camps and settlements for refugees and internally displaced
persons,
Welcoming the entry into force on 15 January 1999 of the Convention on the Safety of
United Nations and Associated Personnel of 9 December 1994,4 encouraging States to become
parties to the Convention, and strongly condemning attacks and the use of force against
United Nations and associated personnel, as well as personnel of humanitarian organizations,
including locally engaged staff,
3 Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 12A
(A/54/12/Add.1), chap. III, sect. A.1.
4 General Assembly resolution 49/59, annex.
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Recognizing the contribution of the establishment of the International Criminal Court to
ending impunity for perpetrators of certain crimes, including deportation or forcible transfer of
population, as defined in the Rome Statute of the International Criminal Court,5 which lead to, or
result from, mass exoduses and displacements,
Recognizing also that the human rights machinery of the United Nations, including the
mechanisms of the Commission on Human Rights and the human rights treaty bodies, has
important capabilities to address human rights violations which cause movements of refugees
and displaced persons or prevent durable solutions to their plight,
Recognizing further the complementarity between the systems for the protection of
human rights and for humanitarian action, in particular the mandates of the United Nations High
Commissioner for Human Rights and the United Nations High Commissioner for Refugees, as
well as the work of the Representative of the Secretary-General on internally displaced persons
and the Special Representative of the Secretary-General for Children and Armed Conflict, and
that cooperation between them, in accordance with their respective mandates, as well as
coordination between the human rights, political and security components of United Nations
operations, make important contributions to the promotion and protection of human rights of
persons forced into mass exodus and displacement,
Welcoming the continuing efforts of the United Nations High Commissioner for
Refugees in meeting the protection and assistance needs of refugees worldwide and in working
to make it possible for refugees to exercise their fundamental right to return to and to stay in
their own countries in safety and dignity,
1. Calls upon all States to promote human rights and fundamental freedoms and to
refrain from denying these to individuals in their population because of nationality, ethnicity,
race, gender, age, religion or language and thus to make a substantial contribution to addressing
human rights situations that lead to mass exoduses and displacements;
2. Takes note with interest of the report of the High Commissioner for Human
Rights on human rights and mass exoduses;
5 A/CONF.183/9.
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3. Reaffirms the need for all Governments, intergovernmental bodies and concerned
international organizations to intensify their cooperation and assistance in worldwide efforts to
address human rights situations that lead to, as well as the serious problems that result from,
mass exoduses of refugees and displaced persons;
4. Emphasizes the responsibility of all States and international organizations to
cooperate with those countries, particularly developing countries, affected by mass exoduses of
refugees and displaced persons, and calls upon Governments, the United Nations High
Commissioner for Human Rights, the United Nations High Commissioner for Refugees, other
relevant parts of the United Nations system and other humanitarian organizations to continue to
respond to assistance needs of countries hosting large numbers of refugees and displaced persons
until durable solutions are found;
5. Encourages States that have not already done so to consider acceding to
the 1951 Convention6 and the 1967 Protocol7 relating to the Status of Refugees and to relevant
regional instruments concerning refugees, as applicable, and other relevant international
instruments of human rights and humanitarian law, and to take appropriate measures to
disseminate and implement those instruments domestically in order to encourage compliance
with provisions against arbitrary and forcible displacement and greater respect for the rights of
those who flee;
6. Calls upon States to ensure effective protection of refugees by, inter alia,
respecting the principle of non-refoulement;
7. Also calls upon States to ensure effective protection of, and assistance to,
refugees and internally displaced persons, consistent with international law, including by
ensuring full, safe and unhindered access by humanitarian workers to displaced populations and
ensuring the security and civilian and humanitarian nature of camps and settlements for refugees
and internally displaced persons;
8. Recognizes that women and children constitute the majority of most refugee and
displaced populations and that, in addition to the problems they share with all refugees and
displaced persons, women and girls in such circumstances are vulnerable to persecution,
gender-based discrimination and gender-specific violations of human rights, and calls upon
6 United Nations, Treaty Series, vol. 189, No. 2545.
7 Ibid., vol. 606, No. 8791.
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States to protect and promote and respect the human rights of all refugees and displaced persons,
in particular refugee and displaced women and children, to ensure that their particular needs are
met and to ensure that women are full and equal participants in the planning, design,
implementation, monitoring and evaluation of all projects and programmes;
9. Calls upon all States to promote conditions conducive to the voluntary return of
refugees in safety and with dignity;
10. Welcomes in particular the efforts of the High Commissioner for Human Rights
to contribute to the creation of an environment for a viable and sustainable return of refugees and
displaced persons in post-conflict societies through initiatives such as the rehabilitation of the
justice system, the creation of independent national institutions capable of defending human
rights and broad-based programmes of human rights education and the strengthening of local
non-governmental organizations through field presences and programmes of advisory services
and technical cooperation;
11. Encourages the High Commissioner for Human Rights, the High Commissioner
for Refugees, other relevant components of the United Nations system, other humanitarian
organizations and regional organizations to continue to cooperate within their respective
mandates and in accordance with international law in the creation of an environment for a viable
and sustainable return of refugees and displaced persons in post-conflict societies;
12. Requests the High Commissioner for Human Rights, in the exercise of her
mandate and in cooperation with the High Commissioner for Refugees and the Representative of
the Secretary-General on internally displaced persons, to pay particular attention to human rights
situations which cause or threaten to cause mass exoduses or displacements and to contribute to
efforts to address such situations effectively through promotion and protection measures,
emergency preparedness and response mechanisms, early warning and information-sharing,
technical advice and expertise and cooperation in countries of origin as well as host countries;
13. Encourages all United Nations bodies, including the human rights treaty bodies,
acting within their mandates, and the specialized agencies, as well as governmental,
intergovernmental and non-governmental organizations, and the special rapporteurs, special
representatives and working groups of the Commission to pay particular attention to, and to
provide the High Commissioner for Human Rights with all relevant information in their
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possession on, human rights situations that create or affect refugees and displaced persons for
appropriate action in fulfilment of her mandate in consultation with the High Commissioner for
Refugees and the Representative of the Secretary-General on internally displaced persons;
14. Welcomes with appreciation the ongoing contributions of the High Commissioner
for Human Rights, the High Commissioner for Refugees and the Representative of the
Secretary-General on internally displaced persons to the deliberations of the Commission on
Human Rights and to other international human rights bodies and mechanisms, invites them to
exchange relevant information on mass exoduses and displacements with all United Nations
bodies, including the human rights treaty bodies, acting within their mandates, and invites the
High Commissioner for Refugees to address the Commission at each of its future sessions;
15. Requests the High Commissioner for Human Rights to prepare and submit to the
Commission at its fifty-ninth session, within existing resources, a report on measures taken to
implement the present resolution and obstacles to its implementation, including information on
measures taken by the Office of the High Commissioner for Human Rights and other relevant
United Nations bodies, taking into account information and comments provided by
Governments, intergovernmental organizations, specialized agencies and non-governmental
organizations;
16. Decides to continue its consideration of this question at its fifty-ninth session
under the sub-item “Mass exoduses and displaced persons” of the agenda item entitled “Specific
groups and individuals”.
63rd meeting
25 April 2000
[Adopted without a vote. See chap. XIV.]
2000/56. Working Group on Indigenous Populations of the Sub-Commission on
the Promotion and Protection of Human Rights and the International
Decade of the World’s Indigenous People
The Commission on Human Rights,
Recalling its previous resolutions on the Working Group on Indigenous Populations of
the Sub-Commission on the Promotion and Protection of Human Rights and the International
Decade of the World’s Indigenous People, in particular resolution 1997/32 of 11 April 1997,
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Recalling also Economic and Social Council resolution 1982/34 of 7 May 1982, in which
the Council authorized the Sub-Commission 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,
Affirming its recognition of the value and diversity of the cultures and forms of social
organization of indigenous people and that 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,
Recalling that the goal of the International Decade of the World’s Indigenous People 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,
Mindful of the decision by the General Assembly in its resolution 49/214
of 23 December 1994 to observe the International Day of the World’s Indigenous People
on 9 August every year,
I.
Report of the Working Group on Indigenous Populations of the Sub-Commission
on the Promotion and Protection of Human Rights
1. Takes note of the report of the Sub-Commission on the Promotion and Protection
of Human Rights (E/CN.4/2000/2-E/CN.4/Sub.2/1999/54) and of the report of the Working
Group on its seventeenth session (E/CN.4/Sub.2/1999/19);
2. 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 specific themes of the International Decade of the World’s Indigenous
People at its future sessions, noting that at its eighteenth session the Working Group will focus
on the theme of “Indigenous children and youth”;
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3. Again 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;
4. Recommends that the Economic and Social Council authorize the Working Group
to meet for five working days prior to the fifty-second session of the Sub-Commission;
5. Invites the Working Group to continue its consideration of ways in which the
expertise of indigenous people can contribute to the work of the Working Group, and encourages
initiatives 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;
6. Requests the Secretary-General:
(a) To provide adequate resources and assistance to the Working Group in the
discharge of 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;
(b) 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;
7. Appeals to all Governments, organizations and individuals in a position to do so
to consider contributing to the United Nations Voluntary Fund for Indigenous Populations;
II.
International Decade of the World’s Indigenous People
8. Takes note of the report of the High Commissioner for Human Rights on the
implementation of the programme of activities for the International Decade of the World’s
Indigenous People (E/CN.4/2000/85);
9. Invites the Working Group on Indigenous Populations to continue its review of
activities undertaken during the Decade, and encourages Governments and intergovernmental
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and non-governmental organizations to provide information on the implementation of the goals
of the Decade, in accordance with paragraph 16 of the annex to General Assembly
resolution 50/157 of 21 December 1995;
10. Welcomes the affirmation by the General Assembly that a major objective of the
Decade is the adoption of a declaration on the rights of indigenous people and its recognition that
among the important objectives of the Decade is the consideration of the establishment of a
permanent forum for indigenous people in the United Nations system;
11. Requests the High Commissioner for Human Rights, in her capacity as
Coordinator of the Decade, to submit an updated annual report reviewing activities within the
United Nations system under the programme of activities for the Decade to the Commission on
Human Rights at its fifty-seventh session under the agenda item entitled “Indigenous issues”, in
accordance with the request by the General Assembly to the Secretary-General;
12. Takes note of the mid-term report of the High Commissioner for Human Rights,
in her capacity as Coordinator of the International Decade of the World’s Indigenous People
(A/54/487), reviewing the implementation of the programme of activities of the Decade, and of
the information contained therein about the activities of the United Nations system, including the
specialized agencies, and other intergovernmental activities relating to indigenous people and
urges all parties concerned to intensify their efforts to achieve the goals of the Decade;
13. 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;
14. Appeals to all Governments, organizations and individuals in a position to do so
to support the Decade by contributing to the Voluntary Fund for the International Decade of the
World’s Indigenous People;
15. Encourages Governments, as appropriate, recognizing the importance of action at
the national level for the implementation of the goals and activities of the Decade, to support the
Decade, in consultation with indigenous people, by:
(a) Preparing relevant programmes, plans and reports in relation to the Decade and
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;
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(b) Seeking means of giving indigenous people greater responsibility for their own
affairs and an effective voice in decisions on matters which affect them;
(c) Identifying resources for activities designed to implement the goals of the
Decade;
16. Appeals to 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;
17. Encourages Governments to consider contributing, as appropriate, in support of
the achievement of the goals of the Decade, to the Fund for the Development of Indigenous
Peoples of Latin America and the Caribbean;
18. Requests the High Commissioner for Human Rights to ensure that the indigenous
people’s unit in her Office is adequately staffed and resourced to enable the activities of the
Decade to be effectively implemented;
19. Recommends that the High Commissioner for Human Rights, when developing
programmes within the framework of the International Decade of the World’s Indigenous People
and the United Nations Decade for Human Rights Education, give due regard to the development
of human rights training for indigenous people;
20. Encourages the High Commissioner for Human Rights to cooperate with the
Department of Public Information of the Secretariat 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;
21. Invites the United Nations financial and development institutions, operational
programmes and specialized agencies, in accordance with the existing procedure of their
governing bodies:
(a) To give increased priority and resources to improving the conditions of
indigenous people, with particular emphasis on the needs of these people in developing
countries, including through the preparation of specific programmes of action for the
implementation of the goals of the Decade, within their areas of competence;
(b) To launch special projects, through appropriate channels and in collaboration with
indigenous people, for strengthening their community-level initiatives, and to facilitate the
exchange of information and expertise among indigenous people and other relevant experts;
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(c) To designate focal points or other mechanisms for coordination with the High
Commissioner for Human Rights of activities relating to the Decade;
22. Recommends that the situation of indigenous people be taken into account in
forthcoming United Nations conferences of relevance, including the special session of the
General Assembly entitled “Women 2000: gender equality, development and peace for the
twenty-first century”, the special session of the General Assembly entitled “World Summit for
Social Development and Beyond: achieving social development for all in a globalizing world”,
the special session of the General Assembly for the follow-up to the World Summit for Children,
and the Third World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance;
23. Decides to consider the International Decade of the World’s Indigenous People at
its fifty-seventh session under the agenda item entitled “Indigenous issues”.
63rd meeting
25 April 2000
[Adopted without a vote. See chap. XV.]
2000/57. 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 (A/CONF.157/23),
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,
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,
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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,
Recalling 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,
Recalling the need for the Working Group to consider all aspects of the draft declaration,
including its scope of application,
1. Takes note of the report of the Working Group (E/CN.4/2000/84) and welcomes
the continuation and positive nature of the deliberations of the working group, particularly the
measures taken to ensure effective input by organizations of indigenous people;
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 procedures set out in the annex to Commission resolution 1995/32;
3. Welcomes the decisions of the 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 resolution 1995/32;
4. Recommends that the Working Group meet for 10 working days prior to the
fifty-seventh session of the Commission, the cost of the meeting to be met from within existing
resources;
5. Invites the Chairman-Rapporteur of the working group and all interested parties to
conduct broad informal inter-sessional consultations with a view to facilitating progress in
drafting a declaration on the rights of indigenous people at the next session of the working
group;
6. 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 procedures set out in the annex to Commission resolution 1995/32;
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page 46
7. Requests the working group to submit a progress report for consideration by the
Commission at its fifty-seventh session under the agenda item entitled “Indigenous issues”;
8. 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 2000/... of .. April 2000, authorizes the open-ended inter-sessional working
group of the Commission on Human Rights established in accordance with Commission
resolution 1995/32 of 3 March 1995 to meet for a period of 10 working days prior to the
fifty-seventh session of the Commission, the costs of the meeting to be met from within
existing resources.”
63rd meeting
25 April 2000
[Adopted without a vote. See chap. XV.]
2000/58. Situation in the Republic of Chechnya of the Russian Federation
The Commission on Human Rights,
Guided by the purposes and principles of the Charter of the United Nations, as well as the
provisions of the Universal Declaration of Human Rights,
Guided also by the provisions of the International Covenant on Civil and Political Rights,
the International Covenant on Economic, Social and Cultural Rights and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Geneva
Conventions of 12 August 1949, in particular common article 3 thereof, and Additional
Protocol II thereto, of 10 June 1977, as well as other instruments of international humanitarian
law,
Recalling the provisions of the Vienna Declaration and Programme of Action, adopted by
the World Conference on Human Rights in June 1993, in particular part I, paragraph 4, thereof,
Recalling that the Russian Federation is a party to the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and other regional human rights instruments, such as the European Convention on Human
Rights,
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page 47
Recalling also that the Russian Federation is a party to the Geneva Conventions of
12 August 1949 and Additional Protocol II thereto, of 10 June 1977,
Recalling further the earlier statements on the subject by the Chairperson of the
Commission on Human Rights of 27 February 1995 and 24 April 1996,
Gravely concerned by the continued violence in the Republic of Chechnya of the
Russian Federation, in particular reports indicating disproportionate and indiscriminate use of
Russian military force, including attacks against civilians, which has led to a serious
humanitarian situation,
Gravely concerned also at reports of attacks against civilians and serious crimes and
abuses committed by Chechen fighters,
Deeply concerned at reports that gross, widespread and flagrant violations of human
rights have been committed in the region, notably in the alleged “camps of filtration”,
Underlining the need to respect the principle of proportionality and to observe
international human rights and humanitarian law in situations of conflict and in activities
undertaken against terrorism,
Deploring the high number of victims and displaced persons and the suffering inflicted
on the civilian population by all parties, including the serious and systematic destruction of
installations and infrastructure, contrary to international humanitarian law,
Expressing concern about the spill-over effect of the conflict to neighbouring republics of
the Russian Federation,
Noting the appointment by the Government of the Russian Federation of a presidential
representative for human rights in Chechnya and the establishment of his office in the Republic,
which should increase transparency and action on alleged human rights violations,
Welcoming the cooperation on the part of the Russian Federation with the Council of
Europe, including the visits of the Council’s Commissioner for Human Rights and the signature
of a memorandum of understanding between the Russian authorities and the Council and the
acceptance of three representatives of that organization in the office of the presidential
representative, and noting the report by the European Committee for the Prevention of Torture
on the Northern Caucasus,
Welcoming the fact that the Russian authorities have reached a preliminary agreement
with the International Committee of the Red Cross on free access to Russian detention camps,
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Noting the visit to the Russian Federation by the United Nations High Commissioner for
Human Rights,
1. Welcomes the report of the High Commissioner for Human Rights;
2. Calls upon all parties to the conflict to take immediate steps to halt the hostilities
and the indiscriminate use of force and to begin without delay the holding of a political dialogue
and effective negotiations with the aim of achieving a peaceful solution to the crisis, which fully
respects the territorial integrity and the Constitution of the Russian Federation;
3. Supports the requests made by the High Commissioner for Human Rights, the
Secretary-General of the Council of Europe and the Chairman-in-Office of the Organization for
Security and Co-operation in Europe for international involvement, and urges the Government of
the Russian Federation to agree to the requests of those organizations to deploy staff in the
region in line with their mandates;
4. Calls upon the Government of the Russian Federation to establish urgently,
according to recognized international standards, a national, broad-based and independent
commission of inquiry to investigate promptly alleged violations of human rights and breaches
of international humanitarian law committed in the Republic of Chechnya in order to establish
the truth and identify those responsible, with a view to bringing them to justice and preventing
impunity;
5. Requests the Russian Federation to disseminate, and ensure that the military at all
levels has a knowledge of, basic principles of human rights and international humanitarian law;
6. Requests the relevant special rapporteurs and working groups of the
Commission, i.e. the Special Rapporteur on torture, the Special Rapporteur on extrajudicial,
summary or arbitrary executions, the Special Rapporteur on violence against women, the
Special Representative of the Secretary-General on internally displaced persons and the
Special Representative of the Secretary-General for children and armed conflict, to undertake
missions to the Republic of Chechnya and neighbouring republics without delay, and asks them
to submit reports to the Commission and to the General Assembly as soon as possible;
7. Requests the High Commissioner for Human Rights to facilitate their tasks;
8. Urges the Government of the Russian Federation to cooperate with the special
mechanisms of the Commission and, in particular, to give favourable consideration to the
requests already presented to undertake visits in the region as a matter of priority;
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9. Also urges the Government of the Russian Federation to allow international
humanitarian organizations, notably the Office of the United Nations High Commissioner for
Refugees and the International Committee of the Red Cross, free and secure access to areas of
internally displaced and war affected populations in the Republic of Chechnya and neighbouring
republics, in accordance with international humanitarian law, and to facilitate their activities and
the delivery of humanitarian aid to the victims in the region;
10. Calls upon the Government of the Russian Federation to give free and effective
access in the Republic of Chechnya by international and regional organizations, in particular the
International Committee of the Red Cross, to all places of detention, notably in the alleged
“camps of filtration”, in order to ensure treatment of all detainees in conformity with
international law;
11. Requests the High Commissioner for Human Rights to consult with the
Government of the Russian Federation in order to ensure the implementation of the present
resolution and to promote confidence-building measures based on respect for human rights and
humanitarian law;
12. Welcomes the invitation extended by the Government of the Russian Federation
to the High Commissioner for Human Rights for a return visit in two or three months;
13. Requests the High Commissioner for Human Rights to report on the
implementation of the present resolution to the Commission at its fifty-seventh session and to
keep the Commission and the General Assembly informed on further developments as
appropriate.
64th meeting
25 April 2000
[Adopted by a roll-call vote of 25 votes to 7,
with 19 abstentions. See chap. IX.]
B. Decisions
2000/102. Globalization and its impact on the full enjoyment of all human rights
At its 52nd meeting, on 17 April 2000, the Commission on Human Rights, recalling its
resolution 1999/59 of 28 April 1999 and taking note of resolution 1999/8 of 25 August 1999 of
the Sub-Commission on the Promotion and Protection of Human Rights, decided, without a vote,
to endorse the appointment of Mr. J. Oloka-Onyango and Ms. Deepika Udagama as Special
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Rapporteurs to undertake a study on the issue of globalization and its impact on the full
enjoyment of all human rights, paying specific attention to the recommendations made by the
Sub-Commission and the Commission so as to refine the focus and methods of the study, and to
recommend the following draft decision to the Economic and Social Council for adoption:
“The Economic and Social Council, taking note of Commission on Human Rights
decision 2000/102 of 17 April 2000, decides to approve the appointment of
Mr. J. Oloka-Onyango and Ms. Deepika Udagama as Special Rapporteurs to undertake a
study on the issue of globalization and its impact on the full enjoyment of all human
rights, paying specific attention to the recommendations made by the Sub-Commission
and the Commission so as to refine the focus and methods of the study.”
[See chap. X.]
2000/103. Question of human rights in Cyprus
At its 56th meeting, on 18 April 2000, the Commission on Human Rights decided,
without a vote, to retain on its agenda sub-item (a), entitled “Question of human rights in
Cyprus”, of the item entitled “Question of the violation of human rights and fundamental
freedoms in any part of the world” and to give it due priority at its fifty-seventh session, it being
understood that action required by previous resolutions of the Commission on the subject would
continue to remain operative, including the request to the Secretary-General to submit a report to
the Commission regarding their implementation.
[See chap. IX.]
2000/104. The rights of non-citizens
At its 62nd meeting, on 25 April 2000, the Commission on Human Rights, taking note of
resolution 1999/7 of 25 August 1999 of the Sub-Commission on the Promotion and Protection of
Human Rights, decided, without a vote, to recommend the following draft decision to the
Economic and Social Council for adoption:
“The Economic and Social Council decides to authorize the Sub-Commission
on the Promotion and Protection of Human Rights to appoint one of its members as
Special Rapporteur with the task of preparing a comprehensive study of the rights of
non-citizens, based on the working paper prepared by Mr. David Weissbrodt as well as
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the comments made and the discussions that took place at the fifty-first session of the
Sub-Commission and may be made or may take place at the fifty-sixth session of the
Commission, and of submitting a preliminary report to the Sub-Commission at its
fifty-third session, a progress report at its fifty-fourth session and a final report at its
fifty-fifth session. The Council requests the Secretary-General to provide, from within
existing resources, the Special Rapporteur with all the assistance necessary to enable
him/her to accomplish this task.”
[See chap. XIV.]
2000/105. Postponement of consideration of draft resolution E/CN.4/2000/L.63
At its 63rd meeting, on 25 April 2000, the Commission on Human Rights decided,
without a vote, to postpone consideration of draft resolution E/CN.4/2000/L.63, entitled “Human
rights and indigenous affairs”, to the next session of the Commission.
[See chap. XV.]
2000/106. Study on indigenous land rights
At its 63rd meeting, on 25 April 2000, the Commission on Human Rights, taking note of
resolution 1999/21 of 26 August 1999 of the Sub-Commission on the Promotion and Protection
of Human Rights and decisions 1997/114 of 11 April 1997 and 1999/106 of 27 April 1999 of the
Commission on Human Rights and of the submission by the Special Rapporteur of a second
progress report rather than a final report to the Sub-Commission as requested therein, decided,
without a vote, to approve the Sub-Commission’s request to the Secretary-General to transmit as
soon as possible the second progress report on the working paper on indigenous people and their
relationship to land (E/CN.4/Sub.2/1999/18) to Governments, indigenous people and
intergovernmental and non-governmental organizations for their comments, data and
suggestions, and to request the Secretary-General to provide, from within existing resources, the
Special Rapporteur with all the assistance necessary to enable her to submit her final working
paper to the Working Group on Indigenous Populations at its eighteenth session and to the
Sub-Commission at its fifty-second session.
[See chap. XV.]
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