UN Human Rights Treaties

UNITED
NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/2002/L.11/Add.5
25 April 2002
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-eighth session
Agenda item 21 (b)
REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON
THE FIFTY-EIGHTH SESSION OF THE COMMISSION
Draft report of the Commission
Rapporteur: Mr. Frederico Duque Estrada Meyer (Brazil)
CONTENTS*
Chapter Page
II. Resolutions and decisions adopted by the Commission
at its fifty-eighth session ................................................................................
A. Resolutions
2002/54. International Convention on the Protection
of the Rights of All Migrant Workers and
Members of Their Families .................................................
* Documents E/CN.4/2002/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.4/2002/L.11 and addenda.
GE.02-13571 (E) 250402

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CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
2002/55. Tolerance and pluralism as indivisible elements
in the promotion and protection of human rights ................
2002/56. Internally displaced persons ................................................
2002/57. Rights of persons belonging to national or ethnic,
religious and linguistic minorities .......................................
2002/58. Violence against women migrant workers ..........................
2002/59. Protection of migrants and their families ............................
2002/60. Missing persons ...................................................................
2002/61. Human rights of persons with disabilities ...........................
2002/62. Human rights of migrants ...................................................
2002/63. 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 .................................................
2002/64. 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 ..........................................................
2002/65. Human rights and indigenous issues ...................................
2002/66. The work of the Sub-Commission on the Promotion
and Protection of Human Rights .........................................
2002/67. The situation of human rights in Myanmar .........................

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2002/54. 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 basic instruments for 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 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 work done in connection with
migrant workers and members of their families in other specialized agencies and in various
United Nations bodies,
Aware of the marked increase in migratory movements that has occurred, especially in
certain parts of the world,
Deeply concerned at the grave situation of vulnerability of migrant workers and members
of their families,
Reiterating that, despite the existence of an established body of principles and norms,
there is an urgent need worldwide 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,
Underlining the importance of the creation and development of conditions to foster
greater harmony and tolerance 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 by individuals or groups against migrant workers in certain segments of
many societies,
Recalling General Assembly resolution 45/158 of 18 December 1990, by which the
Assembly adopted and opened for signature, ratification and accession 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,

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Considering that the Vienna Declaration and Programme of Action adopted in June 1993
by the World Conference on Human Rights (A/CONF.157/23) 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,
1. Expresses its deep concern at the growing manifestations of racism, xenophobia
and other forms of discrimination and inhuman and degrading treatment directed against migrant
workers in different parts of the world;
2. Welcomes the signing or ratification of or accession to the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families by some States, and takes note of the report of the Secretary-General on the status of
the Convention (E/CN.4/2002/89);
3. Calls again upon all States to consider seriously signing and ratifying or acceding
to the Convention as a matter of priority, especially taking into account that only one more
ratification is needed for the Convention to enter into force;
4. Expresses the hope that the Convention will enter into force at an early date, since
pursuant to article 87 of the Convention, only one more ratification or accession is needed;
5. Requests the Secretary-General to make all the necessary provisions for the timely
establishment of the Committee referred to in article 72 of the Convention, as soon as the
Convention enters into force, and calls on States parties to submit in due time their first periodic
report;
6. Also 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 work of the Special Rapporteur on the human rights of migrants in
relation to the Convention and encourages her to persevere in this endeavour;
8. Also welcomes the increasing activities of the global campaign for the 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
understanding of the importance of the Convention;

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9. Requests the Secretary-General to report to the Commission at its
fifty-ninth session 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;
10. Decides to include in the provisional agenda of its fifty-ninth session the sub-item
entitled “Specific groups and individuals: migrant workers”.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XIV.]
2002/55. 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 purposes and principles of the Charter of the United Nations,
Recalling further 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 the relevant paragraphs of the Vienna Declaration and Programme of Action
adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23),
Reaffirming the principles of equality and non-discrimination in the Universal
Declaration of Human Rights and encouraging respect for human rights and fundamental
freedoms for all without distinction of any kind such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status,
Noting that tolerance involves a positive acceptance of and respect for 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,

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Noting also that tolerance and mutual respect are values upheld by all religions in the
world,
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,
Reaffirming that cultural diversity is a cherished asset for the advancement and welfare of
humanity at large and should be valued, enjoyed, genuinely accepted and embraced as a
permanent feature which enriches all societies,
Recognizing that the equal participation of all individuals and peoples in the formation of
just, equitable, democratic and inclusive societies can contribute to a world free from racism,
racial discrimination, xenophobia and related intolerance,
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,
media 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,

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Noting the contribution made to promoting tolerance and respect for diversity by the
special debate held on 26 March 2001, during the fifty-seventh session of the Commission, on
the theme of tolerance and respect,
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
pluralism;
2. Affirms that the ethnic, cultural, linguistic and religious identity of minorities,
where they exist, must be protected and that persons belonging to such minorities should be
treated equally and enjoy their human rights and fundamental freedoms without discrimination
of any kind;
3. Also affirms that all peoples and individuals constitute one human family, rich in
diversity, and have contributed to the progress of civilizations and cultures that form the
common heritage of humanity, and that preservation and promotion of tolerance, pluralism and
respect for diversity can produce more inclusive societies;
4. 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;
(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;

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(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;
5. Invites the media to promote tolerance and respect for diversity;
6. Notes with appreciation the activities undertaken by the Office of the
United Nations High Commissioner for Human Rights to promote the values of tolerance and
pluralism and calls upon the High Commissioner and her Office to continue to take 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 (1994-2003) and the
Third Decade to Combat Racism and Racial Discrimination (1993-2002);
(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;
7. Also notes with appreciation the various initiatives that have promoted respect for
diversity and tolerance, in particular in the context of the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance, including those supported by the
High Commissioner for Human Rights in her capacity as the Secretary-General of the
Conference;
8. Calls upon the High Commissioner 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 sixtieth session;

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9. 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;
(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;
10. 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;
11. Decides to consider this question at its sixtieth session under the appropriate
agenda item.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XIV.]
2002/56. Internally displaced persons
The Commission on Human Rights,
Deeply disturbed by the alarmingly high numbers throughout the world of persons who
have been forced or obliged to flee or leave their homes, without having crossed an
internationally recognized State border and who often do not receive adequate protection and
assistance,
Conscious of the human rights and humanitarian dimensions of the problem of internal
displacement,
Aware of the serious challenge this is creating for the international community and of the
responsibility of States and the international community to explore methods and means to better
address the specific protection and assistance needs of internally displaced persons,
Emphasizing the primary responsibility of national authorities to provide protection and
assistance to internally displaced persons within their jurisdiction as well as to address the root
causes of their displacement in appropriate cooperation with the international community,
Noting the growing awareness of the international community of the issue of internally
displaced persons worldwide and of the urgency of finding durable solutions, notably voluntary
return in safety and with dignity, local integration or relocation, based on a free choice,

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Recalling the relevant norms of international human rights law, international
humanitarian law and international refugee law, and recognizing that the protection of internally
displaced persons has been strengthened by identifying, reaffirming and consolidating specific
standards for their protection, in particular through the Guiding Principles on Internal
Displacement (E/CN.4/1998/53/Add.2, annex),
Noting with appreciation the work of the Representative of the Secretary-General in
developing normative and institutional frameworks for protecting and assisting internally
displaced persons, in particular the compilation and analysis of legal norms and the development
of guiding principles; undertaking country missions to engage in dialogue with Governments and
other pertinent actors; as well as conducting research and issuing reports on particular country
situations, together with proposals for remedial measures, and on other issues relating to internal
displacement,
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,
Noting the Durban Declaration and Programme of Action adopted in September 2001 by
the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance (A/CONF.189/12, chap. 1), which encouraged the bodies, agencies and relevant
programmes of the United Nations system and States to promote and to make use of the Guiding
Principles on Internal Displacement, in particular those provisions relating to non-discrimination,
Recalling also its previous relevant resolutions, in particular resolution 2001/54
of 24 April 2001, and General Assembly resolution 56/164 of 19 December 2001, as well as the
Vienna Declaration and Programme of Action adopted in June 1993 by the World Conference on
Human Rights (A/CONF.157/23), regarding the need to develop global strategies to address the
problem of internal displacement,
1. Takes note with appreciation of the report of the Representative of the
Secretary-General on internally displaced persons (E/CN.4/2002/95 and Add.1-3);

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2. Commends the Representative of the Secretary-General for his efforts to promote
a comprehensive strategy that focuses on prevention and better protection, assistance and
development for internally displaced persons;
3. Expresses its appreciation to the Representative of the Secretary-General for his
activities undertaken so far, despite the limited resources available to him, and for the catalytic
role he continues to play in raising the level of consciousness about the plight of internally
displaced persons;
4. 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 women and children as well as other groups with specific needs among the internally
displaced;
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, measures of
prevention, the needs of those displaced and ways to strengthen protection, assistance and
solutions for the internally displaced, taking into account specific situations, and to include
information thereon in his reports to the Commission and the General Assembly;
6. Welcomes the dissemination, promotion and application of the Guiding Principles
on Internal Displacement and the fact that the Representative of the Secretary-General has made
use of the Guiding Principles in his dialogue with Governments and intergovernmental and
non-governmental organizations, and requests him to continue his efforts in that regard;
7. Expresses its appreciation to Governments, intergovernmental and
non-governmental organizations which have provided assistance and protection to internally
displaced persons and supported the work of the Representative of the Secretary-General;
8. 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;

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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 Governments to provide protection and assistance, including
reintegration and development assistance, to internally displaced persons, as well as to provide
access for them to public services, including education, and to facilitate the efforts of relevant
United Nations agencies and humanitarian organizations in these respects, including by further
improving access to internally displaced persons;
11. Stresses the importance of appropriate follow-up to the recommendations of the
Representative of the Secretary-General 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;
12. Expresses its appreciation of the Guiding Principles, as an important tool for
dealing with situations of internal displacement, and in this regard welcomes the fact that an
increasing number of States, United Nations agencies, and regional and non-governmental
organizations are making use of the Guiding Principles, and encourages the further use and
application of the Guiding Principles;
13. Expresses its appreciation for the dissemination and promotion of the Guiding
Principles, inter alia 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, and to provide support for efforts to promote capacity-building and the use of the
Guiding Principles;
14. Stresses the need to further strengthen inter-agency arrangements and the
capacities of relevant United Nations agencies to meet the immense humanitarian challenge of
internal displacement, and calls upon States to provide adequate resources for programmes to
assist and protect internally displaced persons;
15. Acknowledges with appreciation the work of the International Committee of the
Red Cross and the other components of the International Red Cross and Red Crescent Movement
as well as of all the relevant humanitarian agencies in protecting and assisting internally
displaced persons, and encourages them to cooperate closely with all relevant international
bodies in this regard;

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16. Encourages the Representative of the Secretary-General, the Emergency Relief
Coordinator and the Office for the Coordination of Humanitarian Affairs, the United Nations
High Commissioner for Human Rights, the United Nations High Commissioner for Refugees,
the United Nations Development Programme, the United Nations Children’s Fund, the World
Food Programme, the World Health Organization, the International Organization for Migration,
the International Labour Organization, the Food and Agriculture Organization of the
United Nations, and all other relevant humanitarian assistance, human rights and development
agencies and organizations, including non-governmental organizations, further to enhance their
collaboration and coordination in respect of internally displaced persons, especially through the
Inter-Agency Standing Committee;
17. Emphasizes in this regard the central role of the Emergency Relief Coordinator in
inter-agency coordination for the protection and assistance of internally displaced persons,
welcomes the establishment of the Senior Inter-Agency Network on Internal Displacement and
subsequently, within the Office for the Coordination of Humanitarian Affairs, of the Unit on
Internal Displacement, and encourages them to collaborate closely with and provide all possible
assistance and support to the Representative of the Secretary-General;
18. 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 the protection and assistance needs of internally displaced persons in
consolidated appeals;
19. Welcomes the initiatives undertaken by regional organizations, such as the
African Union, the Organization of American States, the Organization for Security and
Co-operation in Europe, the Council of Europe and the Economic Community of West African
States, 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;
20. Also 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;

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21. Calls upon the United Nations High Commissioner for Human Rights, in
cooperation with Governments, the Representative of the Secretary-General and other relevant
parts of the United Nations system, to promote the human rights of internally displaced persons
and to develop projects in this regard, including in the area of human rights education, as part of
the programme of advisory services and technical cooperation, and to include in her report to the
Commission information on their implementation;
22. Takes note of decision 2001/122 of 16 August 2001 of the Sub-Commission on
the Promotion and Protection of Human Rights concerning the preparation of a working paper on
the return of refugees’ or displaced persons’ property;
23. Recalls with appreciation 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;
24. 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;
25. Requests the Representative of the Secretary-General to continue to report on his
activities to the General Assembly and to the Commission;
26. Decides to continue its consideration of the question of internal displacement at
its fifty-ninth session.
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[Adopted without a vote. See chap. XIV.]
2002/57. 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 General Assembly on the Declaration on the Rights of Persons

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Belonging to National or Ethnic, Religious and Linguistic Minorities, as well as Commission
resolution 2001/55 of 24 April 2001 on the rights of persons belonging to national or ethnic,
religious and linguistic minorities,
Recalling also Commission resolution 1995/24 of 3 March 1995 as well as Economic and
Social Council resolution 1995/31 of 25 July 1995 and decision 1998/246 of 30 July 1998 on the
mandate of the Working Group on Minorities of the Sub-Commission on the Promotion and
Protection of Human Rights,
Taking note of Sub-Commission resolution 2001/9 of 15 August 2001 on the rights of
minorities,
Taking note also of the report of the International Seminar on Cooperation for the Better
Protection of the Rights of Minorities (E/CN.4/2002/92) held in the framework of the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
on 1, 2 and 5 September 2001 in Durban, South Africa,
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 diversity and heritage of society,
Concerned at the growing frequency and severity of disputes and conflicts involving
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,
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 minority rights promote tolerance within societies and recognizing
that the promotion of a culture of tolerance through human rights education shall be advanced by
all States,

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Acknowledging also 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,
Welcoming the work of the Office of the United Nations High Commissioner for Human
Rights on the United Nations Guide for Minorities containing an overview of relevant
procedures and mechanisms of regional and international organizations,
Welcoming also the work of the Working Group on Minorities in promoting regional and
local initiatives for the protection of the rights of persons belonging to national or ethnic,
religious and linguistic minorities, including by organizing regional expert seminars,
Noting with satisfaction the emphasis by the Working Group on Minorities on the
participation of minority representatives in its work,
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.4/2002/91 and Add.1
and Add.2) and of the report of the Working Group on Minorities on its seventh session
(E/CN.4/Sub.2/2001/22), 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 to take, as appropriate, all the necessary constitutional, legislative,
administrative and other measures to promote and give effect to the Declaration;
4. 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 equal access to education and the facilitation of their full
participation in the economic progress and development in their country, and to apply a gender
perspective while doing so;
5. Urges States to pay specific attention to the negative impact of racism, racial
discrimination, xenophobia and related intolerance on the situation of persons belonging to
national or ethnic, religious and linguistic minorities, and draws attention to the relevant

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provisions of the Durban Declaration and Programme of Action of the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, including the provisions on
forms of multiple discrimination;
6. Calls upon States to give special attention to the promotion and protection of the
human rights of children belonging to minorities, taking into account that girls and boys may
face different types of risks;
7. Also calls upon States to take all appropriate measures to protect the cultural and
religious sites of national or ethnic, religious and linguistic minorities;
8. Calls upon the United Nations High Commissioner for Human Rights to continue
to promote, within her mandate, the implementation of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities and to engage in a dialogue
with Governments concerned for that purpose;
9. Invites the High Commissioner to continue her efforts to improve the coordination
and cooperation of United Nations programmes and agencies active in the field of the promotion
and protection of the rights of persons belonging to national or ethnic, religious and linguistic
minorities;
10. Invites the human rights treaty monitoring bodies, when considering reports
submitted by States parties, as well as special representatives, special rapporteurs, working
groups of the Commission on Human Rights and relevant United Nations agencies and
programmes, to continue to give attention, within their respective mandates, to situations and
rights of persons belonging to national or ethnic, religious and linguistic minorities;
11. Encourages the Working Group, as requested by the Sub-Commission, within its
mandate, to take due account of activities undertaken and reports prepared by intergovernmental
regional organizations on human rights problems and situations involving minorities;
12. 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;
13. 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, and invites the High Commissioner to seek voluntary contributions in this regard;

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14. Requests the Secretary-General to provide the Working Group, from within
existing resources, with all the necessary services and facilities to fulfil its mandate;
15. Requests the High Commissioner to invite Governments and relevant
intergovernmental and non-governmental organizations to submit their views on how best to
protect the rights of persons belonging to minorities;
16. Also requests the High Commissioner to submit to the Commission at its
fifty-ninth session a report containing an analysis of the information already provided in the
reports of existing special procedures, human rights treaty monitoring bodies and the Working
Group on Minorities on situations involving national or ethnic, religious and linguistic
minorities, in particular with regard to conflict prevention;
17. 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 conflicts, to assist in existing or potential situations involving minorities and to
report to the Commission at its fifty-ninth session on concrete projects and activities in this
regard;
18. Requests the Secretary-General to report to the Commission at its
fifty-ninth session on the implementation of the present resolution;
19. Decides to continue its consideration of this question at its fifty-ninth session
under the same agenda item.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XIV.]
2002/58. 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,

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Reaffirming the outcomes of the World Conference on Human Rights, the International
Conference on Population and Development, the Fourth World Conference on Women and the
World Summit for Social Development and their five-year reviews, specifically as the results
pertain to women migrant workers,
Recalling the adoption by the General Assembly in its resolution 55/25
of 15 November 2000 of the United Nations Convention against Transnational Organized Crime
and its two protocols, the Protocol against the Smuggling of Migrants by Land, Sea and Air and
the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children,
Welcoming the pertinent provisions that apply to women migrant workers in the
Declaration and Programme of Action of the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance,
Reaffirming the necessity of eliminating racial discrimination against migrants, including
migrant workers, in relation to issues such as employment, social services, including education
and health, as well as access to justice, and that their treatment must be in accordance with
international human rights instruments, free from racism, racial discrimination, xenophobia and
related intolerance,
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
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 for 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,

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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.4/2002/90);
2. Welcomes the report of the Special Rapporteur on the human rights of migrants
(E/CN.4/2002/94 and Add.1), particularly the observations made on violence against women
migrant workers, and encourages her to continue to address the issue of violence against women
migrant workers, in particular the problem of gender-based violence and of discrimination,
taking into account the conclusions in the report of the Secretary-General;
3. Calls upon concerned Governments, in particular those of countries of origin and
destination, if they have not yet 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 shelter 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;
4. 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;
5. Urges States to seek full respect for, and compliance with, the Vienna Convention
on Consular Relations of 1963, especially as it relates to the right of foreign nationals, regardless
of their legal and immigration status, to communicate with a consular officer of their own State
in the case of arrest or detention and to be informed without delay of this right;
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, the United Nations Convention against Transnational Organized Crime and its

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two protocols, the Protocol against the Smuggling of Migrants by Land, Sea and Air and the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, as well as the Slavery Convention of 1926;
7. Requests the Secretary-General to submit to the Commission at its sixtieth 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 sixtieth session under
the appropriate agenda item.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XIV.]
2002/59. Protection of migrants and their families
The Commission on Human Rights,
Considering that the Universal Declaration of Human Rights states that all human beings
are born free and equal in dignity and rights, and that every individual is entitled to equal
protection against any discrimination in violation of the Declaration and against any incitement
to such discrimination,
Bearing in mind the obligations undertaken by every State party to the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, and other international instruments on human rights,
Bearing in mind also the conclusions relating to the issue of migrants and their families
adopted in the final documents of the World Conference on Human Rights, the World Summit
for Social Development and other international conferences and summits and their follow-up
processes organized under United Nations auspices,
Taking note of the Declaration and Programme of Action of the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban,
South Africa, in 2001 and of its recommendations concerning the human rights of migrants and
their families,

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Recalling General Assembly resolution 40/144 of 13 December 1985, by which the
Assembly adopted the Declaration on the Human Rights of Individuals Who are not Nationals of
the Country in which They Live, and Assembly resolution 45/158 of 18 December 1990, by
which it adopted and opened for signature, ratification and accession the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families,
Taking note with deep concern of the persistent obstacles that prevent many migrants and
their families from achieving the full enjoyment of their human rights, and bearing in mind that
migrants are often victims of ill-treatment and of acts of discrimination, racism and xenophobia,
Recalling the adoption by the General Assembly, in its resolution 55/25
of 15 November 2000, of the United Nations Convention against Transnational Organized
Crime, the Protocol against the Smuggling of Migrants by Land, Sea and Air, and the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the Convention,
Emphasizing the responsibilities of all States, in conformity with the Charter, to develop
and encourage respect for human rights and fundamental freedoms for all, without distinction as
to race, sex, language or religion,
Bearing in mind the importance of the participation of all countries involved in migration
in international initiatives aimed at protecting the human rights of migrants and their families,
and the essential role of international and regional cooperation in addressing in an integral
manner diverse issues related to migration,
Reaffirming the sovereign right of each State to formulate and apply its own legal
framework and policies for migration and that these policies must be consistent with applicable
human rights instruments, norms and standards,
1. Calls upon States to facilitate family reunification in an expeditious and effective
manner, with due regard to applicable laws, as such reunification has a positive effect on the
integration of migrants;
2. Encourages States of origin to promote and protect the human rights of those
families of migrant workers which remain in the countries of origin, paying particular attention
to children and adolescents whose parents have emigrated, and encourages international
organizations to consider supporting States in this regard;

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3. Encourages all Governments to remove unlawful obstacles that may prevent the
safe, unrestricted and expeditious transfer of earnings, assets and pensions of migrants to their
country of origin or to any other countries, in conformity with applicable legislation, and to
consider, as appropriate, measures to solve other problems that may impede such transfers;
4. Urges States to consider giving special attention, when devising and
implementing legislation and policies designed to enhance the protection of workers’ rights, to
the serious situation of lack of protection, and in some cases exploitation, of trafficked persons,
smuggled migrants and domestic workers;
5. Requests all States, in conformity with national legislation, firmly to prosecute
cases of violation of labour law with regard to migrant workers’ conditions of work, including
those related to, inter alia, their remuneration and the conditions of health and safety at work;
6. Urges States, when xenophobic or intolerant acts, or manifestations or
expressions against migrants occur, to apply the existing laws in order to eradicate impunity for
those who commit xenophobic and racist acts;
7. Requests Governments to adopt concrete measures in order to prevent the
violation of the human rights of migrants while in transit, including in ports and airports and at
borders and migration checkpoints; to train public officials who work in those facilities and in
border areas to treat migrants and their families respectfully and in accordance with the law; and
to prosecute, in conformity with applicable law, any act of violation of the human rights of
migrants and their families - inter alia arbitrary detention, torture and violations of the right to
life, including extrajudicial executions - during their transit from their country of origin to the
country of destination and vice versa, including their transit through national borders;
8. Encourages States of origin and of destination of migrants to consider the
adoption of bilateral or regional strategies aimed at protecting the human rights of migrants and
their families, as a matter of priority and in conformity with the appropriate legislation, to
combat effectively international trafficking and smuggling of migrants and to protect migrants
and their families from exploitation and intimidation by traffickers, smugglers and criminal
organizations, and urges States to consider signing and ratifying the United Nations Convention
against Transnational Organized Crime and the two Protocols supplementing the Convention;

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9. Encourages States, in cooperation with non-governmental organizations, to
undertake information campaigns aimed at clarifying opportunities, limitations and rights in the
event of migration, so as to enable everyone, in particular women, to make informed decisions
and to prevent them from becoming victims of trafficking and utilizing dangerous means of
access that put their lives and physical integrity at risk;
10. Calls upon all States to consider the possibility of signing, ratifying and acceding
to, as a matter of priority, the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families;
11. Invites the Special Rapporteur on the human rights of migrants to incorporate
relevant information on the implementation of the present resolution in her next annual report to
the Commission;
12. Agrees to explore the possibility at its fifth-ninth session of merging the
resolution on the protection of migrants and their families with the resolution on the human
rights of migrants, with a view to having one resolution covering all aspects of migrant
rights and their protection.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XIV.]
2002/60. Missing persons
The Commission on Human Rights,
Guided by the purposes, principles and provisions of the Charter of the United Nations,
Guided also by the principles and norms of international humanitarian law, in particular
the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977, as well as
international standards of human rights, in particular 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 and the Vienna
Declaration and Programme of Action adopted by the World Conference on Human Rights,

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Noting with deep concern that armed conflicts continue to exist in various parts of the
world, often resulting in serious violations of international humanitarian law and human rights
law,
Noting in this regard that the issue of persons reported missing in connection with
international armed conflicts, in particular those who are victims of serious violations of
international humanitarian law and human rights law, continues to have a negative impact on
efforts aimed at putting an end to these conflicts,
1. Urges States strictly to observe and respect and ensure respect for the rules of
international humanitarian law, as set out in the Geneva Conventions of 1949 and the Additional
Protocols thereto of 1977;
2. Reaffirms the right of families to know the fate of their relatives reported missing
in connection with armed conflicts;
3. Also reaffirms that each party to an armed conflict, as soon as circumstances
permit and at the latest from the end of active hostilities, shall search for the persons who have
been reported missing by an adverse party;
4. Calls upon States which are parties to an armed conflict to take immediate steps
to determine the identity and fate of persons reported missing in connection with the armed
conflict;
5. Requests States to pay the utmost attention to cases of children reported missing
in connection with armed conflicts and to take appropriate measures to search for and identify
those children;
6. Invites States which are parties to an armed conflict to cooperate fully with the
International Committee of the Red Cross in establishing the fate of missing persons and to adopt
a comprehensive approach to this issue, including all practical and coordination mechanisms as
may be necessary, based on humanitarian considerations only;
7. Urges States and encourages intergovernmental and non-governmental
organizations to take all necessary measures at the national, regional and international levels to
address the problem of persons reported missing in connection with armed conflicts and to
provide appropriate assistance as requested by the concerned States;
8. Invites all relevant human rights mechanisms and procedures, as appropriate, to
address the problem of persons reported missing in connection with armed conflicts in their
forthcoming reports to the Commission;

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9. Requests the Secretary-General to bring the present resolution to the attention of
all Governments, the competent United Nations bodies, the specialized agencies, regional
intergovernmental organizations and international humanitarian organizations;
10. Also requests the Secretary-General to report to the Commission on Human
Rights at its sixtieth session on the progress made in the implementation of the present
resolution;
11. Decides to remain seized of the matter at its sixtieth session.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XIV.]
2002/61. 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 International Labour Organization
Convention No. 159 (1983) concerning Vocational Rehabilitation and Employment (Disabled
Persons),
Recalling also the report of the Secretary-General to the General Assembly on the third
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,

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Recalling and reaffirming commitments relating to the human rights and fundamental
freedoms of persons with disabilities made at the major United Nations conferences and summits
since 1990 and their follow-up processes and stressing the importance of mainstreaming the
disability issue in their implementation,
Reaffirming its resolution 2000/51 of 25 April 2000,
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,
Noting the resolution adopted by the Commission for Social Development
on 21 February 2002 on a comprehensive and integral international convention to promote
and protect the rights and dignity of persons with disabilities,
Committed to maintaining consistency with the high quality of existing international
standards, and drawing the attention of the Ad Hoc Committee established in accordance with
General Assembly resolution 56/168 to Assembly resolution 41/120 and to paragraph II.6 of the
Vienna Declaration and Programme of Action reaffirming the guidelines relating to the
elaboration of new international standards, notably on the need to consult with human rights
treaty bodies on the necessity for drafting new standards,
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 for the period 2000-2002 (E/CN.5/2002/4),
Welcoming the resolution adopted by the Commission for Social Development
on 27 February 2002 on further promotion of equalization of opportunities by, for and with
persons with disabilities and protection of their human rights,
Welcoming also initiatives to hold international conferences relating to persons with
disabilities,
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,

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Recognizing the contribution of non-governmental organizations, especially
organizations of persons with disabilities, in the global effort to bring about full participation and
equality for persons with disabilities and to ensure the full enjoyment of human rights by persons
with disabilities,
Noting the 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,
Also noting with interest the changes brought about by the Treaty of Amsterdam of 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 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. Welcomes the valuable work undertaken by the Special Rapporteur on disability
of the Commission for Social Development as well as his report to that Commission at its
fortieth session and supports his recommendations for future action and his proposal for
mainstreaming of the disability issue;
4. Invites the Special Rapporteur of the Commission for Social Development to
address the Commission on Human Rights at its fifty-ninth session on the human rights
dimension of his work and also invites him to regularly provide the Commission on Human
Rights with reports of experience on the human rights dimension gained by him and his panel
through monitoring the Standard Rules;

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5. Recalls the third global survey undertaken by the office of the Special Rapporteur
on disability in collaboration with the World Health Organization;
6. Calls upon States to cooperate fully with the Special Rapporteur of the
Commission for Social Development, to meet his requests for information and to provide
relevant data to the Committee on Economic, Social and Cultural Rights;
7. Welcomes the Study on Human Rights and Disability presented at the
fifty-eighth session of the Commission on Human Rights and draws the attention of
Governments, United Nations bodies, non-governmental organizations and other relevant actors
to its recommendations;
8. Calls upon the Office of the High Commissioner for Human Rights to consider in
its activities implementing the recommendations that relate to it in the Study on Human Rights
and Disability;
9. Urges Governments to consider nominating persons with disabilities for election
to the treaty monitoring bodies, bearing in mind relevant existing considerations for nominations
to treaty monitoring bodies;
10. Takes note with interest of General Assembly resolution 56/168
of 19 December 2001 establishing an Ad Hoc Committee to consider proposals for a
comprehensive and integral international convention to promote and protect the rights
and dignity of persons with disabilities;
11. Recommends that the Ad Hoc Committee take into account the relationship
between the relevant human rights instruments and the Standard Rules and in so doing study
carefully the report and proposals made by the Special Rapporteur on disability of the
Commission for Social Development at the fortieth session of that Commission;
12. Requests the Office of the High Commissioner to make available to the Ad Hoc
Committee the Study on the Human Rights of Persons with Disabilities presented at the
fifty-eighth session of the Commission on Human Rights;
13. Invites States, relevant bodies and organizations of the United Nations system,
including relevant human rights treaty bodies, the regional commissions, the Special Rapporteur
on disability of the Commission for Social Development, as well as intergovernmental and
non-governmental organizations with an interest in the matter, to make contributions to the work
entrusted to the Ad Hoc Committee, based on the practice of the United Nations;

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14. Encourages the Ad Hoc Committee to invite national institutions to make a
contribution to the consideration of the issues addressed by the Ad Hoc Committee;
15. Also encourages the Ad Hoc Committee to adopt working methods which allow
for full participation by relevant non-governmental organizations in its deliberations;
16. Invites the Ad Hoc Committee to consider meeting at least once in Geneva before
the fifty-ninth session of the Commission on Human Rights and periodically thereafter, and to
make an interim progress report to the Commission at that session;
17. Notes with appreciation the decision of the Office of the High Commissioner to
designate a focal point within the Office whose primary purpose will be to follow questions
relating to the human rights of persons with disabilities;
18. Calls upon the Office of the High Commissioner to report to the Commission
on Human Rights at its fifty-ninth session on progress in the implementation of the
recommendations contained in the Study on the Human Rights of Persons with Disabilities
presented at the fifty-eighth session of the Commission on Human Rights and on the programme
of work of the Office in relation to the human rights of persons with disabilities;
19. 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;
20. 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 and 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 18 of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities;
21. 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;
22. 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

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and to include disability issues, as appropriate, in their preparation of lists of issues and
concluding observations and to consider drafting general comments on human rights of persons
with disabilities, in addition to General Comment No. 5 of the Committee on Economic Social
and Cultural Rights which could serve as a mainstreaming model on disability issues;
23. 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;
24. Invites all special rapporteurs, in carrying out their mandates, to take into account
the situation and human rights of persons with disabilities;
25. 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;
26. Invites Governments, civil society and the private sector to contribute to the
United Nations Voluntary Fund on Disability, with a view to providing additional support for the
implementation of the Standard Rules, within the context of the World Programme of Action
concerning Disabled Persons;
27. 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;
28. Expresses grave concern that situations of armed conflict have especially
devastating consequences for the human rights of persons with disabilities;
29. 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;

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30. 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;
31. Encourages the development of programmes for persons with disabilities to
enable them to develop their potential to participate fully in all aspects of society;
32. Requests the Secretary-General to report annually to the General Assembly on the
progress of efforts to ensure the full recognition and enjoyment of the human rights of persons
with disabilities;
33. Also requests the Secretary-General to transmit to the Commission at its
fifty-ninth 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;
34. Calls upon the United Nations Development Programme and all
intergovernmental institutions for development cooperation to integrate disability measures
into their mainstream activities and to reflect this in their activity reports;
35. Requests all United Nations organizations and specialized agencies to address the
problems that exist in creating equal opportunities for persons with disabilities at all levels and to
report on how these problems are being solved;
36. 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, health care,
shelter, transport and supportive equipment;
37. 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;
38. Invites Governments and non-governmental organizations to collect and collate
appropriate information and data on the situation of persons with disabilities to assist in the
formulation of effective policies to address issues of equality;

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39. 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;
40. 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;
41. 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;
42. Decides to continue its consideration of this question at its fifty-ninth session
under the same agenda item.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XIV.]
2002/62. Human rights of migrants
The Commission on Human Rights,
Reaffirming the Universal Declaration of Human Rights, which 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,
Considering 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,
Bearing in mind that every State party to the International Covenant on Economic, Social
and Cultural Rights has undertaken to guarantee the exercise of all rights enunciated in that
Covenant without discrimination of any kind, including in particular on the basis of national
origin,

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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 the renewed commitment made in the United Nations Millennium Declaration
to take measures to ensure respect for and protection of the human rights of migrants, migrant
workers and their families, to eliminate the increasing acts of racism and xenophobia in all
societies and to promote greater harmony and tolerance,
Welcoming the provisions on the human rights of migrants contained in the Declaration
and Programme of Action of the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance and expressing its satisfaction at the important
recommendations made for the development of international and national strategies for the
protection of migrants and for the design of migration policies that fully respect the human rights
of migrants,
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,
Aware of the increasing number of migrants worldwide,
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 to the return of migrants, especially for those who are
undocumented or in an irregular migratory situation, to their States of origin,
Deeply concerned at the manifestations of violence, racism, racial discrimination,
xenophobia and other forms of intolerance and inhuman and degrading treatment against
migrants, especially women and children, in different parts of the world,
Recognizing the positive contributions that migrants frequently make, including
through their eventual integration into their host society, and the efforts that some host
countries undertake to integrate migrants,
Highlighting the importance of creating conditions that favour greater harmony,
tolerance and respect between migrants and the rest of society in the countries in which
they find themselves, in order to eliminate manifestations of racism and xenophobia
against migrants,

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Welcoming the active role played by governmental and non-governmental organizations
in combating racism and xenophobia and assisting individual victims of racist acts, including
migrant victims,
Taking note of the judgment of the International Court of Justice of 27 June 2001 and of
the Advisory Opinion OC-16/99 issued by the Inter-American Court of Human Rights of
1 October 1999 on The Right to Information on Consular Assistance in the Framework of the
Guarantees of Due Process of Law, in the case of foreign nationals detained by the authorities of
a receiving State,
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,
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,
Resolved to ensure respect for the human rights and fundamental freedoms of all
migrants,
1. Strongly condemns the manifestations and acts of racism, racial discrimination,
xenophobia and related intolerance against migrants and the stereotypes often applied to them;
2. Also 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;
3. Requests States effectively to promote and protect the human rights and
fundamental freedoms of all migrants, especially those of women and children, regardless of
their migratory condition, in conformity with 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 Convention on the Elimination of All Forms of Discrimination
against Women, the Convention on the Rights of the Child and the International Convention on
the Elimination of All Forms of Racial Discrimination, and other relevant human rights
instruments, norms and standards;

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4. Calls upon States to implement fully the commitments and recommendations
related to the promotion and protection of the human rights of migrants contained in the
Declaration and Programme of Action of the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance;
5. Also calls upon all States to consider reviewing and, where necessary, revising
immigration policies with a view to eliminating all discriminatory 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;
6. Reaffirms emphatically the duty of States parties to ensure full respect for and
observance of the Vienna Convention on Consular Relations, particularly with regard to the right
of foreign nationals, regardless of their immigration status, to communicate with a consular
official of their own State in the case of detention, and the obligation of the State in whose
territory the detention occurs to inform the foreign national of that right;
7. Urges all States to adopt effective measures to put an end to the arbitrary arrest
and detention of migrants, including by individuals or groups;
8. Encourages States that have not yet done so to enact domestic legislation and to
take further effective measures to combat international trafficking and smuggling of migrants,
which should take into account, in particular, trafficking and smuggling that endangers the lives
of migrants or entails different forms of servitude or exploitation, such as any form of debt
bondage, slavery and sexual exploitation or forced labour, and also encourages them to
strengthen international cooperation to combat such trafficking and smuggling;
9. Calls upon States to protect all human rights of migrant children, particularly
unaccompanied migrant children, ensuring that the best interests of the children are the
paramount consideration, and underlines the importance of reuniting them with their parents,
when possible, 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;
10. Welcomes immigration programmes adopted by some countries that allow
migrants to integrate fully into the host countries, facilitate family reunification and promote a
harmonious and tolerant environment, and encourages States to consider the possibility of
adopting these types of programmes;

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11. Encourages States to consider participating in international and regional
dialogues on migration that include sending and receiving countries, as well as countries of
transit, and invites them to consider negotiating bilateral and regional agreements on migrant
workers in the framework of applicable human rights law and designing and implementing
programmes with States of other regions to protect the rights of migrants;
12. Welcomes the third report of the Special Rapporteur (E/CN.4/2002/94 and Add.1)
submitted pursuant to Commission resolution 2001/52 of 24 April 2001, especially regarding the
work she has undertaken, and takes note of her observations and recommendations;
13. Decides to extend for a period of three years the mandate of the Special
Rapporteur and encourages her to continue to examine ways and means of overcoming existing
obstacles to the full and effective protection of the human rights of persons belonging to this
large vulnerable group, including obstacles to and difficulties for the return of migrants who are
undocumented or in an irregular situation, in conformity with her mandate as contained in
Commission resolution 1999/44;
14. 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 and the special mechanisms of the Commission, as well as 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;
15. Requests all relevant mechanisms to cooperate with the Special Rapporteur;
16. Requests the Special Rapporteur, as part of her activities, to continue her
programme of visits, which contribute to improving the protection afforded to the human rights
of migrants and to the broad and full implementation of all the aspects of her mandate;
17. 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,
and notes with appreciation that some Governments have already invited her;
18. 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;

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19. Requests the Special Rapporteur to take into account, while carrying out her
mandate, the recommendations on migrants contained in the Declaration and Programme of
Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance;
20. Also 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 undocumented or in an irregular situation;
21. Further requests the Special Rapporteur to submit a report on her activities
to the General Assembly at its fifty-seventh session and to the Commission at its
fifty-ninth session;
22. Requests the Secretary-General to give the Special Rapporteur all necessary
human and financial assistance for the fulfilment of her mandate;
23. Calls upon States, intergovernmental and non-governmental organizations to
observe on 18 December of each year International Migrants Day, proclaimed by the
General Assembly, by disseminating, inter alia, information on the human rights and
fundamental freedoms of migrants and on their economic, social and cultural contributions to
their host and home countries, and by sharing experiences, and adopting measures to ensure their
protection and to promote greater harmony between migrants and the societies in which they
live;
24. Urges States to ratify or to adhere to the United Nations Convention against
Transnational Organized Crime and its two protocols, the Protocol against the Smuggling of
Migrants by Land, Sea and Air and the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, and fully to implement those instruments;
25. Decides to examine this question further, as a matter of priority, at its
fifty-ninth session under the same agenda item.
55th meeting
25 April 2002
[Adopted without a vote. See Chap. XIV.]

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2002/63. 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,
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,

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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.4/2002/2-E/CN.4/Sub.2/2001/40) and of the report of the Working
Group on its nineteenth session (E/CN.4/Sub.2/2001/17);
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, 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 twentieth session the Working Group will continue
to focus on the theme of “Indigenous peoples and their right to development, including their
right to participate in development affecting them” and invites Governments, intergovernmental
organizations and indigenous and non-governmental organizations to provide information and
data on this theme to the Working Group at its twentieth session;
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-fourth 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;

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(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. Notes General Assembly resolution 56/140 of 19 December 2001 which expanded
the mandate of the United Nations Voluntary Fund for Indigenous Populations to assist
representatives of indigenous communities and organizations in attending the sessions of the
Permanent Forum on Indigenous Issues and appeals to all Governments, organizations and
individuals in a position to do so to consider contributing to the Fund, if possible with a
substantial increase in the level of contributions;
II. INTERNATIONAL DECADE OF THE WORLD’S
INDIGENOUS PEOPLE
8. Takes note of the report of the United Nations 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.4/2002/96);
9. Invites the Working Group on Indigenous Populations to continue its review of
activities undertaken during the Decade and encourages Governments and intergovernmental
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;
11. Welcomes the convening of the first annual session of the Permanent Forum on
Indigenous Issues at United Nations Headquarters from 13 to 24 May 2002 and encourages all
parties concerned, including all mechanisms, procedures and programmes of the United Nations
concerned with indigenous issues, to secure, from within existing resources, an adequately
funded and well-functioning Forum that reflects its broad mandate, including through the
provision of adequate secretariat support;
12. Requests the High Commissioner, 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-ninth session under the agenda item entitled “Indigenous issues”, in accordance with the
request by the General Assembly to the Secretary-General;

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13. Notes that, in her report, the High Commissioner, in her capacity as Coordinator
of the Decade, reviews the implementation of the programme of activities of the Decade, takes
note 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;
14. 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;
15. 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;
16. 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;
(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;
17. 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;
18. 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;
19. Requests the High Commissioner to ensure that the indigenous people’s unit in
the Office of the United Nations High Commissioner for Human Rights is adequately staffed and
resourced to enable the activities of the Decade to be effectively implemented;

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20. Recommends that the High Commissioner, 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;
21. Encourages the High Commissioner to cooperate with the Department of Public
Information in preparing and disseminating information on the International Decade of the
World’s Indigenous People, taking due care to portray accurately the information regarding
indigenous people;
22. Takes note of the report of the Special Rapporteur of the Working Group on
Indigenous Populations entitled “Study on treaties, agreements and other constructive
arrangements between States and indigenous populations” (E/CN.4/Sub.2/1999/20) and requests
the High Commissioner to seek information from Governments, non-governmental organizations
and indigenous people’s organizations on the report and the broader issues it raises, and to
submit a report to the Commission at its fifty-ninth session on the views expressed as a basis for
a decision by the Commission on a possible seminar;
23. 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;
(c) To designate focal points or other mechanisms for coordination with the
High Commissioner of activities relating to the Decade and commends those organizations that
have already done so;
24. 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 on Children and the World Summit on Sustainable Development;

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25. Recalls the recommendation of the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance that the Secretary-General conduct an
evaluation of the results of the International Decade of the World’s Indigenous People and make
recommendations concerning how to mark the end of this Decade, including an appropriate
follow-up, and requests the Secretary-General to begin the implementation of this evaluation;
26. Takes note of Economic and Social Council decision 2001/316 of 26 July 2001
requesting the Secretary-General to seek information from Governments, non-governmental
organizations, indigenous people’s organizations, the Permanent Forum and all existing
mechanisms, procedures and programmes within the United Nations concerned with indigenous
issues, including the Working Group on Indigenous Populations, as a basis for holding the
review mandated in paragraph 8 of Council resolution 2000/22 as soon as possible and not later
than the substantive session of 2003 of the Council;
27. Decides to consider the International Decade of the World’s Indigenous People at
its fifty-ninth session under the agenda item entitled “Indigenous issues”.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XV.]
2002/64. 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 intersessional 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 the Promotion and Protection of Human Rights,
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,

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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,
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.4/2002/98) 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 ten working days prior to the
fifty-ninth session of the Commission, the cost of the meeting to be met from within existing
resources;
5. Invites the Chairperson-Rapporteur of the working group and all interested parties
to conduct broad informal intersessional 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;

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6. Encourages all interested States to participate in an informal intersessional
meeting to consider the clusters of articles referred to in paragraph 83 of the report of the
working group (E/CN.4/2002/98) and requests the Chairperson-Rapporteur of the working group
to ensure that the outcome of this informal intersessional meeting is made available to all
interested parties prior to the next session of the working group;
7. 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;
8. Requests the working group to submit a progress report for consideration by the
Commission at its fifty-ninth session under the agenda item entitled “Indigenous issues”;
9. 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 2002/64 of 25 April 2002, authorizes the working group of the Commission
established in accordance with Commission resolution 1995/32 of 3 March 1995 to
meet for a period of ten working days prior to the fifty-ninth session of the commission,
the costs of the meeting to be met from within existing resources.
“The Council endorses the Commission’s decision to invite the
Chairperson-Rapporteur of the working group and all interested parties to conduct
broad informal intersessional 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.”
55th Meeting
25 April 2002
[Adopted without a vote. See chap. XV.]
2002/65. Human rights and indigenous issues
The Commission on Human Rights,
Bearing in mind that one of the purposes of the United Nations, as set forth in the
Charter, is the achievement of international cooperation in solving international problems of an

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economic, social, cultural or humanitarian character and in promoting and encouraging respect
for human rights and for fundamental freedoms for all without distinction as to race, sex,
language or religion,
Considering that the Universal Declaration of Human Rights proclaims that all human
beings are born free and equal in dignity and rights, that all are entitled to equal protection
against any discrimination and that everyone is entitled to all the rights and freedoms set forth in
the Declaration, without distinction of any kind, such as race, colour, sex, language, religion,
national origin, birth or other status,
Recalling the International Labour Organization Convention No. 169 concerning
indigenous and tribal peoples in independent countries, of 1989,
Guided by the relevant norms and standards of international human rights law, including
the International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social, Cultural Rights, the International Convention on the Elimination of All Forms
of Racial Discrimination, the Convention on the Rights of the Child, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention
on the Elimination of All Forms of Discrimination against Women,
Bearing in mind the recommendations of the World Conference on Human Rights of
June 1993,
Welcoming the provisions relevant to this resolution contained in the Durban Declaration
and the Programme of Action adopted by the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance on 8 September 2001, in Durban,
South Africa,
Being attentive to the developments of the 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,
Recalling that the objective of the International Decade of the World’s Indigenous People
is the strengthening of international cooperation for the solution of the problems they face in
areas such as human rights, the environment, development, education and health,
Underlining the importance of concluding, at the latest in 2004, the “Draft
United Nations declaration on the rights of indigenous peoples”, for consideration and adoption
by the General Assembly, prior to the conclusion of the International Decade of the World’s
Indigenous People,

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Noting with satisfaction that the Permanent Forum on Indigenous Issues, a subsidiary
organ of the Economic and Social Council, will hold its first annual session in May 2002 and
recalling that its mandate consists of discussing indigenous issues within the mandate of the
Council relating to economic and social development, culture, the environment, education, health
and human rights,
Taking into account the mandate of the Working Group on Indigenous Populations of the
Sub-Commission on the Promotion and Protection of Human Rights to review developments
pertaining to the promotion and protection of their human rights and fundamental freedoms,
giving special attention to the evolution of standards concerning their rights,
Recalling its resolution 2001/57 of 24 April 2001,
Deeply concerned about the precarious levels of economic and social development that
indigenous people endure in many parts of the world, and the disparities in their situation in
comparison to the overall population, as well as about the persistence of grave violations of their
human rights,
Reaffirming the urgent need to recognize, promote and protect more effectively the
human rights and fundamental freedoms of indigenous people,
Encouraged by the renewed commitment and growing interest of the international
community in the full and effective protection of the human rights of indigenous people,
1. Welcomes the first report of the Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous people (E/CN.4/2002/97), submitted pursuant to
Commission resolution 2001/57, especially the outline of his future programme of work;
2. Encourages the Special Rapporteur to continue to examine ways and means of
overcoming existing obstacles to the full and effective protection of the human rights and
fundamental freedoms of indigenous people, in conformity with his mandate as contained in
Commission resolution 2001/57;
3. Requests the Special Rapporteur in performing his work, to consider the
recommendations of the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance on matters concerning his mandate;
4. Also requests the Special Rapporteur, in carrying out his 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 indigenous people, wherever they may occur, from Governments, United Nations

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human rights treaty bodies, specialized agencies, special mechanisms of the Commission and
Sub-Commission on the Promotion and Protection of Human Rights, as well as from
intergovernmental organizations, other relevant organizations of the United Nations system and
civil society, including indigenous organizations, and to respond effectively to such information;
5. Further requests the Special Rapporteur to continue working on the topics
included in his first report, in particular, those that impact on the situation of the human rights
and fundamental freedoms of indigenous people, which may contribute to advancing the debate
on fundamental issues of the “Draft United Nations declaration on the rights of indigenous
peoples”;
6. Invites the Special Rapporteur, in carrying out his task, to take into account all the
recommendations of the Permanent Forum on Indigenous Issues and of the Working Group on
Indigenous Populations of the Sub-Commission relevant to his mandate;
7. Requests the Office of the United Nations High Commissioner for Human Rights
to facilitate the attendance of the Special Rapporteur at the first annual session of the Permanent
Forum on Indigenous Issues to be held at United Nations Headquarters from 13 to 24 May 2002;
8. Reiterates the invitation to the Special Rapporteur to pay special attention to
violations of the human rights and fundamental freedoms of indigenous children and women,
and to take into account a gender perspective;
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 his urgent appeals;
10. Welcomes the intention of the Special Rapporteur to conduct visits in the
discharge of his mandate and encourages Governments to respond positively to a request to visit
their country;
11. Encourages the United Nations, including its specialized agencies, regional
intergovernmental organizations, Governments, independent experts, interested institutions,
non-governmental organizations and, in particular, indigenous people to cooperate to the fullest
extent possible with the Special Rapporteur in the fulfilment of his mandate;
12. Urges those States that have not yet done so to consider, as a matter of priority,
signing, ratifying or acceding to the International Labour Organization Convention (No. 169)
concerning indigenous and tribal peoples in independent countries of 1989;

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13. Urges all States, in this context, to fulfil the commitments relevant to this
resolution made in the Durban Declaration and the Programme of Action adopted by the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance;
14. Requests the Special Rapporteur to submit a report on his activities to the
Commission at its fifty-ninth session;
15. Requests the Secretary-General and the High Commissioner for Human Rights to
provide all the necessary human, technical and financial assistance to the Special Rapporteur for
the fulfilment of his mandate;
16. Decides to consider the follow-up to this question, as a matter of priority, at its
fifty-ninth session, under the same agenda item.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XV.]
2002/66. The work of the Sub-Commission on the Promotion
and Protection of Human Rights
The Commission on Human Rights,
Recalling its previous relevant resolutions, in particular 1998/28 of 17 April 1998,
1999/81 of 28 April 1999, 2000/83 of 26 April 2000 and 2001/60 of April 2001, as well as the
terms of reference of the Sub-Commission on the Promotion and Protection of Human Rights
(formerly the Sub-Commission on the Prevention of Discrimination and Protection of
Minorities) as set out in the relevant resolutions of the Commission on Human Rights, the
Economic and Social Council, and the General Assembly,
Recalling also the report of the Inter-sessional open-ended working group on enhancing
the effectiveness of the mechanisms of the Commission on Human Rights (E/CN.4/2000/112),
and reaffirming Commission decision 2000/109 of 26 April 2000,
Taking note of:
(a) The report of the Sub-Commission on its fifty-third session
(E/CN.4/2002/2-E/CN.4/Sub.2/2001/40);
(b) The report of the Chairperson of the Sub-Commission on its fifty-third session
(E/CN.4/2002/99),

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Bearing in mind the final working paper on the methods of work of the Sub-Commission
(E/CN.4/Sub.2/1999/2) and the Guidelines for the application by the Sub-Commission on the
Promotion and Protection of Human Rights of the rules of procedure of the functional
commissions of the Economic and Social Council and other decisions and practices relating
thereto, annexed to Sub-Commission decision 1999/114 of 26 August 1999,
1. Reaffirms its recognition of the valuable contribution made by the
Sub-Commission, as a subsidiary body of the Commission, to the human rights work of the
United Nations over the past fifty-five years;
2. Recognizes in particular the important contribution of the Sub-Commission and
its thematic mechanisms to the development of a better understanding of human rights through
the study of important issues, the elaboration of international human rights standards and the
promotion and protection of human rights throughout the world, as well as the valuable
contribution that Governments, intergovernmental organizations and non-governmental
organizations have made to the success of the Sub-Commission;
3. Reaffirms that the Sub-Commission can best assist the Commission by providing
it with:
(a) Independent expert studies carried out by its members or alternates;
(b) Recommendations based on, and after full consideration of, these studies;
(c) Studies, research and expert advice at the request of the Commission;
4. Welcomes the actions taken by the Sub-Commission at its fifty-third session to
respond to recommendations by the Commission for the initiation of working papers and new
studies;
5. Also welcomes the attention given by the Sub-Commission to economic, social
and cultural rights, as well as its continued attention to civil and political rights;
6. Further welcomes the improved working methods of the Sub-Commission at its
fifty-third session at which it:
(a) Reformed, improved and streamlined its agenda to seven items;
(b) Held a closed joint meeting with the Expanded Bureau of the fifty-seventh session
of the Commission on Human Rights;
(c) Drafted many of its resolutions in closed session rather than attempting to do so in
public sessions;

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(d) Pursued other innovative and useful procedural approaches, in particular the use
of the “question-and-answer” format and some expert panel discussions;
7. Decides not to endorse the proposal contained in draft decision 8 of the
Sub-Commission that the Commission take action on proposals of the Sub-Commission at its
one-day annual informal meeting in September and requests the Office of the United Nations
High Commissioner for Human Rights to report to the Commission at its fifty-ninth session on
possible ways and means of addressing the issues raised by the Sub-Commission and of
improving the Commission’s action on proposals of the Sub-Commission;
8. Reiterates and reaffirms:
(a) Its decision that the Sub-Commission should not adopt country-specific
resolutions or decisions and, in negotiating and adopting thematic resolutions or decisions,
should refrain from including references to specific countries;
(b) That the Sub-Commission should continue to be able to debate country situations
not being dealt with in the Commission, as well as urgent matters involving serious violations of
human rights in any country, and that its discussions would be reflected in the summary records
of its debates, which should continue to be forwarded to the Commission;
9. Recommends to the Sub-Commission that it continue at its future sessions the
successful innovations of the fifty-third session, in particular by:
(a) Having annual closed meetings with the Expanded Bureau of the fifty-eighth
and subsequent sessions of the Commission, so as to exchange views aimed at improving
cooperation between the two organs;
(b) Maintaining a streamlined agenda;
(c) Holding its discussions of its working rules, procedures and timetable in closed
meeting;
(d) Drafting as many of its resolutions as possible in closed session, in view of the
limited time available;
10. Recommends that the Sub-Commission further improve its methods of work by:
(a) Focusing on its primary role as an advisory body to the Commission, specifically
when its advice is requested by the Commission;

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(b) Giving particular attention to the selection of studies specifically recommended
by the Commission and at the same time focusing on how and when the implementation of
existing standards can be improved;
(c) Respecting strictly the highest standards of impartiality and expertise, and
avoiding acts which would affect confidence in the independence of its members;
(d) Facilitating efficient and effective participation of non-governmental
organizations;
(e) Giving full consideration to studies and working papers by special rapporteurs
and its members before sending them to the Commission;
(f) Taking further steps to accomplish its work within a three-week session;
(g) Making proposals to the Commission on how it might assist the Sub-Commission
in improving its work and vice versa;
(h) Focusing strictly on questions relating to human rights in accordance with its
mandate;
(i) Avoiding duplication of its work with that being carried out by other competent
bodies and mechanisms;
11. Requests States when nominating and electing members and alternates to the
Sub-Commission:
(a) To be conscious of the strong concern to ensure that the body is independent and
is seen to be so;
(b) To keep in mind the need for a balanced accommodation of the benefits of
continuity and the importance of renewal;
(c) To select members with acknowledged expertise in human rights; and
(d) To submit nominations, if possible, at least two months prior to the beginning of
the session at which they will be elected, so as to enable the members of the Commission
thoroughly to assess the qualifications and the independence of the nominees;
12. Invites the Secretary-General to give support to the Sub-Commission, inter alia by
making available documentation in good time before each session in the official languages of the
United Nations and assisting the Sub-Commission in requests for information from Governments
and intergovernmental and non-governmental organizations, and reiterates that such requests,
like all requests for concrete measures, must first have been approved by the Commission;

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13. Recommends that the Chairperson of the Sub-Commission or his/her
representative attend the meeting of special rapporteurs/representatives, experts and chairpersons
of working groups of the special procedures of the Commission and the meeting of chairpersons
of treaty bodies, so as to facilitate coordination between the Sub-Commission and other relevant
bodies and procedures of the United Nations, in accordance with their respective mandates;
14. Invites the Chairperson of the fifty-eighth session of the Commission to address
the Sub-Commission at the opening meeting of its fifty-fourth session and to inform it about the
present resolution and the debate that took place on this subject at the fifty-eighth session of the
Commission under agenda item 16;
15. Invites the Chairperson of the fifty-fourth session of the Sub-Commission to
report to the Commission at its fifty-ninth session, including an assessment of how recent
enhancements of the effectiveness of the Sub-Commission and of its mechanisms have worked
in practice;
16. Decides to consider the issue of the work of the Sub-Commission at its
fifty-ninth session under the relevant agenda item.
55th meeting
25 April 2002
[Adopted without a vote. See chap. XVI.]
2002/67. Situation of human rights in Myanmar
The Commission on Human Rights,
Reaffirming that all Member States have an obligation to promote and protect human
rights and fundamental freedoms as stated in the Charter of the United Nations and as elaborated
in the Universal Declaration of Human Rights, the International Covenants on Human Rights
and other applicable human rights instruments,
Recognizing that the systematic violations of civil, political, economic, social and cultural
rights by the Government of Myanmar have a significant adverse effect on the health and welfare
of the people of Myanmar and are at the heart of a precarious humanitarian situation,
Aware that the Universal Declaration of Human Rights states that the will of the people
shall be the basis of the authority of government and therefore gravely concerned that the
Government of Myanmar still has not implemented its commitment to take all necessary steps
towards democracy in the light of the results of the elections held in 1990,
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Recalling the observation made by the Special Rapporteur that only the full release of all
political prisoners will pave the way to national reconciliation and the establishment of the rule
of law leading to the democratization process,
Mindful that Myanmar is a party to the Convention on the Rights of the Child, the
Convention on the Elimination of All Forms of Discrimination against Women, the
Geneva Conventions of 12 August 1949 on the protection of victims of war, as well as
the 1930 Convention concerning forced or compulsory labour (No. 29) and the 1948 Convention
concerning freedom of association and protection of the right to organize (No. 87) of the
International Labour Organization,
Recalling the resolution adopted by the International Labour Conference at its
eighty-eighth session, concerning the practice of forced or compulsory labour in Myanmar,
Recalling also previous resolutions of the General Assembly and the Commission on the
subject, most recently Assembly resolution 56/231 of 24 December 2001 and Commission
resolution 2001/15 of 18 April 2001,
Welcoming the cooperation extended to the Special Envoy of the Secretary-General as
well as to the Special Rapporteur during their visits to Myanmar,
1. Expresses its appreciation for the assistance and collaboration that the
Government of Myanmar has extended to the Special Rapporteur during his mission and urges it
to continue cooperating with the Special Rapporteur and other relevant United Nations
mechanisms, to allow them freely to carry out other missions on the ground and to implement
their recommendations fully, specially those contained in the report of the Special Rapporteur;
2. Welcomes:
(a) The report of the Special Rapporteur on the situation of human rights in Myanmar
(E/CN.4/2002/45), the observations on the situation and the recommendations contained therein;
(b) The report of the Secretary-General on the visit of his Special Envoy to Myanmar
(A/56/505), his actions and good offices to facilitate the process of national reconciliation;
(c) The contacts between the Government and Aung San Suu Kyi, Secretary-General
of the National League for Democracy, and hopes that such talks will be extended at an
appropriate time to include, among others, representatives of ethnic minorities and thereby
facilitate broad-based and inclusive national reconciliation and the restoration of democracy;

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(d) The steps taken by the Government of Myanmar to allow some political functions
to be resumed by the opposition, including the reopening of some branch offices of political
parties and the cessation of the negative media campaign, but expresses deep concern at the
unnecessary and discriminatory stringent restrictions that continue to hamper political parties’
freedom of assembly, association, expression, information and movement, as noted by the
Special Rapporteur;
(e) The release from detention of some political activists, and urges the Government
of Myanmar to free all remaining political prisoners, to ensure their personal safety and allow
them to take part in the process of national reconciliation;
(f) The ongoing ceasefires in some areas of the country, and calls upon the
Government of Myanmar to formalize these agreements and pursue promises of political
dialogue and urges the authorities and all parties in conflict to continue resolving their
differences through political dialogue;
(g) Continued cooperation with the International Committee of the Red Cross in
carrying out humanitarian missions involving visiting places of detention and communication
with detainees, and expresses the hope that it will continue and develop further;
(h) The release from detention of some women with small children on humanitarian
grounds;
(i) The reopening of all institutes of tertiary education, but remains concerned that
enjoyment of the right to education continues to be limited, often for political reasons, by the
reduction in the length of the academic year, the division of the student population and its
dispersal to distant campuses, the lack of teachers, and inadequate material support from the
Government, which seriously affects the future prospects for young people, and the inadequate
allocation of resources;
(j) The dissemination of human rights standards for public officials through a series
of human rights workshops, and encourages the Government of Myanmar to widen participation
in these workshops to ensure that this information, and its practical implementation, can benefit
all citizens of Myanmar;
(k) The understanding reached between the Government and the International Labour
Organization concerning the appointment of an International Labour Organization Liaison
Officer in Myanmar by June 2002, which will serve as a first step towards the establishment of a
full and effective representation by the International Labour Organization in Myanmar;

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(l) The launching of the United Nations Joint Action Plan on HIV/AIDS in
Myanmar;
3. Takes note of the establishment of a Committee on Human Rights, leading to the
establishment of a National Human Rights Commission, and urges that the Commission comply
with the Principles relating to the status of national institutions for the promotion and protection
of human rights (Paris Principles) annexed to General Assembly resolution 48/134 of
20 December 1993;
4. Expresses its grave concern:
(a) At the slow pace of the process of national reconciliation and democratization in
Myanmar and urges greater momentum towards national reconciliation;
(b) At the persistence of a governmental policy based on the repression of all political
activities of opposition and on the abuse of the legal system through arbitrary detention,
imprisonment and systematic surveillance of persons who try to exercise their freedom of
thought, expression, assembly and association and harassment of their families, as well as the
lack of respect for and protection of freedom, health, education and human development of the
population;
(c) At the composition and working procedures of the National Convention that do
not permit either members of Parliament-elect or representatives of the ethnic minorities to
express their views freely and urges the Government of Myanmar to intensify political dialogue
and the confidence-building measures, both with the opposition and with all the ethnic groups, to
search for new procedures to allow the promotion of a real national reconciliation based on
cooperation and the adoption of joint measures, and to establish a chronological framework for
so doing;
(d) At the keeping of Daw Aung San Suu Kyi under de facto house arrest and other
members of the National League for Democracy in prison, and urges the Government of
Myanmar to release them immediately and unconditionally and allow them to exercise their
freedom of association, movement and expression;
(e) At the imprisonment of elected members of Parliament for peacefully exercising
their freedom of assembly, association and expression;

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(f) At the fact that there was only very modest improvement in the eradication of
forced labour since, in spite of the official prohibition, there have been only uneven efforts to
disseminate order 1/99 on the Supplementary Orders among the population, since the orders
have not been observed by the military at the local level and since, in spite of widespread
instances of forced labour, there have been no criminal prosecutions;
(g) At the persistence of grave and massive violations of human rights of civilians,
especially in areas where the military conflict is still ongoing between the army and the armed
groups in the States of Shan, Karen and Karenni, and urges all the parties to the hostilities in
Myanmar to respect fully their obligations under international humanitarian law, including
article 3 common to the Geneva Conventions of 12 August 1949, to halt the use of weapons
against the civilian population, to protect all civilians, including children, women and persons
belonging to ethnic or religious minorities, from violations of humanitarian law, and to avail
themselves of services offered by impartial humanitarian bodies;
(h) At the ever-increasing impact of HIV/AIDS on the population of Myanmar and
urges the Government of Myanmar to recognize further the gravity of the situation, the need to
commit adequate resources and the need to take measures, in cooperation with the National
League for Democracy, ethnic groups, non-governmental organizations and women’s groups, in
particular preventive measures, to fight this epidemic including through the effective
implementation of the United Nations Joint Action Plan which must reach the communities that
are most affected by HIV/AIDS and therefore more vulnerable to it;
(i) At the deeply unsatisfactory conditions which still exist in prisons, labour camps
and other detention centres in Myanmar as reported by the Special Rapporteur, such as cruel and
degrading treatment, lack of medical assistance, inadequate nutrition, prolonged solitary
confinement and detention in excessively small cells, the discriminatory treatment of political
prisoners, as well as the high mortality rate among labour camp inmates;
5. Deplores:
(a) The continuing pattern of gross and systematic violations of human rights in
Myanmar, including extrajudicial, summary or arbitrary executions, enforced disappearances,
rape, torture, inhuman treatment, forced labour, including the use of children, forced relocation
and denial of freedom of assembly, association, expression, religion and movement;

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(b) The lack of independence of the judiciary from the executive and the wide
disrespect for the rule of law, including for the basic guarantees of due process, especially in
cases involving the exercise of political and civil rights and freedoms resulting in arbitrary
arrests and detentions, the absence of judicial control over detentions, sentences passed without
trial, keeping the accused in ignorance of the legal basis of the charge brought against them,
trials held in secret and without proper legal representation of the accused, continued instances of
detention and sentencing of people for political offences, the failure to inform the family and
counsel of the accused about the sentence, and arbitrary extension of completed sentences;
(c) The continued violations of the human rights of, and widespread discriminatory
practices against, persons belonging to ethnic and religious minorities, including extrajudicial
execution, rape, torture, ill-treatment and the systematic programmes of forced relocation
directed against ethnic minorities, notably in Karen, Karenni, Rakhine, Chin and Shan States and
in Tenasserim Division, destruction of places of worship, use of anti-personnel landmines,
destruction of crops and fields and dispossession of land and property, which deprive these
persons of all means of subsistence and result in large-scale displacement of persons and flows
of refugees to neighbouring countries and an increasing number of internally displaced persons;
(d) Reports of restrictions on the exercise of freedom of religion, such as the
restriction on the building of new mosques and churches and forced conversions, notably of
Muslims in Rakhine State and Christians in Chin State;
(e) The continuing violations of the human rights of women, in particular forced
labour, trafficking, sexual violence and exploitation and abuse in detention, often committed by
military personnel and especially directed towards women who are returning refugees, internally
displaced, or belong to ethnic minorities or the political opposition;
(f) The continuing violations of the rights of children in Myanmar, in particular
through the lack of conformity of the existing legal framework with the Convention on the
Rights of the Child, conscription of children into forced labour programmes, sexual exploitation
of children and their recruitment and other forms of exploitation by the military, discrimination
against children belonging to ethnic and religious minorities, and high rates of infant and
maternal mortality and malnutrition;

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(g) The severe restrictions on the freedoms of opinion, expression, assembly and
association, the restrictions on citizens’ access to information, including censorship of all forms
of domestic media and many international publications, and the restrictions imposed on citizens
wishing to travel within the country and abroad including the denial of passports on political
grounds, and gross interference in private life, family, home and correspondence;
(h) The situation of the large number of internally displaced persons and reaffirms the
need to give them the necessary protection and assistance and urges the Government to respect
the right of refugees to voluntary, safe and dignified return monitored by appropriate
international agencies;
6. Calls upon the Government of Myanmar:
(a) To develop further a constructive dialogue with the United Nations system,
including the human rights mechanisms, for the effective promotion and protection of human
rights in the country;
(b) To continue to cooperate with the Secretary-General and his Special Envoy and to
implement their recommendations fully;
(c) To cooperate fully with all United Nations representatives, in particular to
develop further the contacts established with the Special Rapporteur, to allow him freely to
return to Myanmar and to conduct field missions, thereby furthering his contacts with the
Government and all other relevant sectors of society and enabling him fully to discharge his
mandate;
(d) To consider becoming 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, the
International Convention on the Elimination of All Forms of Racial Discrimination and the
Convention relating to the Status of Refugees and its Protocol;
7. Strongly urges the Government of Myanmar:
(a) To implement fully the recommendations made by the Special Rapporteur;
(b) To ensure full respect for all human rights and fundamental freedoms, including
economic, social and cultural rights, in particular to ensure full respect for the freedoms of
expression, religion, association, movement and assembly, the right to a fair trial by an
independent and impartial judiciary, and the protection of the rights of persons belonging to
ethnic and religious minorities;

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(c) To put an end to violations of the right to life and integrity of the human being
and to the practices of torture, abuse of women, forced labour and forced relocations, enforced
disappearances and summary executions;
(d) To fulfil its obligations to restore the independence of the judiciary and due
process of law, to end impunity and bring to justice all perpetrators of human rights violations,
including members of the military, and to investigate and prosecute alleged breaches of
international humanitarian and human rights law committed by government agents in all
circumstances;
(e) To recognize the political rights of members of all political parties, to allow the
National League for Democracy and all other political parties to participate in the democratic
process and to enter into a substantive political dialogue with them in order to accelerate the
democratic transition, to ensure the irreversibility of the process and to develop, as a matter of
priority, an electoral system that allows the creation of a structure of democratic governance and
guarantees the participation of all political forces including ethnic minorities;
(f) To fulfil its obligations under the Convention on the Rights of the Child and the
Convention on the Elimination of All Forms of Discrimination against Women by bringing
national legislation and practice into conformity with these conventions, and to consider signing
and ratifying the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, as well as the Optional Protocols to the Convention on the
Rights of the Child;
(g) To implement fully the recommendations made by the Committee on the
Elimination of Discrimination against Women, in particular the request to prosecute and punish
those who violate the human rights of women and to carry out human rights education and
gender-sensitization training, in particular for military personnel;
(h) To release immediately and unconditionally those detained or imprisoned for
political reasons, with special urgency with respect to those who are old, sick and imprisoned
beyond the terms of their sentence, and to offer guarantees to released prisoners that they will not
be arrested again or subjected to harassment and to allow them to participate freely in the
political process;

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(i) To apply the Body of Principles for the Protection of All Persons under any Form
of Detention or Imprisonment adopted by the General Assembly in its resolution 42/173 of
9 December 1988 in order to improve conditions of detention, in particular in the field of health,
and to eliminate unnecessary restrictions imposed on the detainees;
(j) To put an end to the causes of the systematic forced displacements of persons and
the flow of refugees to neighbouring countries and create adequate conditions for their safe and
voluntary return and complete reintegration, to allow humanitarian personnel safe and
unhindered access to assist their return and reintegration, and to address the problems of
trafficking of women and children, especially in the border area;
(k) To cease the laying of landmines, in particular as a means of ensuring forced
relocation, and to desist from the forced conscription of civilians to serve as human
minesweepers, and to consider becoming a party to the 1997 Convention on the Prohibition of
the Use, Stockpiling and Transfer of Anti-personnel Mines and on Their Destruction;
(l) To implement fully concrete legislative, executive and administrative measures to
eradicate the practice of forced labour and to sanction those responsible;
(m) To implement fully the recommendations of the International Labour
Organization Commission of Inquiry and the high-level team and to cooperate fully with the
International Labour Organization in establishing, as soon as possible, a continued and effective
International Labour Organization representation in Myanmar, in agreeing to the appointment of
an independent ombudsman and in carrying out the other conclusions adopted by the Governing
Body of the International Labour Organization at its 282nd session in November 2001
and 283rd session in March 2002 concerning the observance by the Government of Myanmar of
Convention No. 29 concerning forced or compulsory labour;
(n) To cooperate fully with the United Nations international humanitarian
organizations, and all sectors of the community through consultation, to facilitate the granting of
authorization to work throughout the country to United Nations and international humanitarian
personnel, to allow the provision of humanitarian assistance and to guarantee that it actually
reaches the most vulnerable groups of the population, in cooperation with all relevant political
and ethnic groups;
(o) To promote and protect the human rights of persons living with HIV/AIDS and
guard against any marginalization and discrimination that they may experience;

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(p) To ensure that sufficient funding is allocated to the health care system to enable
health workers to provide the highest possible standard of health care for all in need;
(q) To enable the building up of a pluralist civil society by creating conditions for the
full exercise of the freedoms of expression, association and assembly, including through the
revision of relevant legislation, holding a constructive human rights dialogue with the
organizations of civil society and finally allowing the creation of these organizations in all
sectors of life;
8. Decides:
(a) To extend the mandate of the Special Rapporteur, as contained in Commission
resolution 1992/58 of 3 March 1992, for a further year, and requests the Special Rapporteur to
submit an interim report to the General Assembly at its fifty-seventh session and to report to the
Commission at its fifty-ninth session, and to keep a gender perspective in mind when seeking
and analysing information;
(b) To request the Secretary-General to continue to give all necessary assistance to
the Special Rapporteur to enable him to discharge his mandate fully;
(c) To request the Secretary-General to continue his discussions with the Government
on the situation of human rights and the restoration of democracy and with anyone he may
consider appropriate in order to assist in the implementation of General Assembly
resolution 56/231 and of the present resolution;
(d) To request the United Nations High Commissioner for Human Rights to
cooperate with the Director-General of the International Labour Office with a view to identifying
ways in which their offices might usefully collaborate for the improvement of the human rights
situation in Myanmar;
(e) To request the Secretary-General to bring the present resolution to the attention of
all relevant parts of the United Nations system;
(f) To continue its consideration of this question at its fifty-ninth session.
55th meeting
25 April 2002
[Adopted without a vote. See chap. IX.]
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