UN Human Rights Treaties

UNITED
NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/2003/L.11/Add.4
24 April 2003
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-ninth session
Agenda item 21 (b)
REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON THE
FIFTY-NINTH SESSION OF THE COMMISSION
Draft report of the Commission
Rapporteur: Mr. Branko SOCANAC (Croatia)
CONTENTS*
Chapter Page
II. Resolutions and decisions adopted by the Commission
at its fifty-ninth session ..........................................................................................
A. Resolutions
2003/30. World Conference against Racism, Racial Discrimination
Xenophobia and Related Intolerance and the comprehensive
implementation of and follow-up to the Durban Declaration
and Programme of Action
* Documents E/CN.4/2003/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.4/2003/L.11 and addenda.
GE.03-13936 (E) 240403

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CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
2003/31. Question of arbitrary detention
2003/32. Torture and other cruel, inhuman or degrading
treatment or punishment
2003/33. Human rights and forensic science
2003/34. The right to restitution, compensation and rehabilitation
for victims of grave violations of human rights and
fundamental freedoms
2003/35. Strengthening of popular participation, equity, social justice and
non-discrimination as essential foundations of democracy
2003/36. Interdependence between democracy and human rights
2003/37. Human rights and terrorism
2003/38. Question of enforced or involuntary disappearances
2003/39. Integrity of the judicial system
2003/40. Hostage-taking
2003/41. The incompatibility between democracy and racism
2003/42. The right to freedom of opinion and expression
2003/43. Independence and impartiality of the judiciary, jurors and
assessors and the independence of lawyers
2003/44. Integrating the human rights of women throughout the
United Nations system
2003/45. Elimination of violence against women
2003/46. Human rights of migrants

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CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
2003/47. The protection of human rights in the context of human
immunodeficiency virus (HIV) and acquired immunodeficiency
syndrome (AIDS)
2003/48. International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families
2003/49. Human rights of persons with disabilities
2003/50. Rights of persons belonging to national or ethnic,
religious and linguistic minorities
2003/51. Internally displaced persons

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2003/30. World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance and the comprehensive implementation of
and follow-up to the Durban Declaration and Programme of Action
The Commission on Human Rights,
Recalling all its previous resolutions and those of the General Assembly on this subject,
in particular its resolution 2002/68 and General Assembly resolution 57/195,
Reaffirming the views of the World Conference on Human Rights, held at Vienna
in 1993, on the urgency of eliminating denials and violations of human rights,
Convinced that the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance made an important contribution to achieving the goal of
eradicating racism, racial discrimination, xenophobia and related intolerance and that the results
of the Conference have to be fully implemented without delay through effective action,
Recognizing that racism, racial discrimination, xenophobia and related intolerance occur
on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer
multiple or aggravated forms of discrimination based on other related grounds such as sex,
language, religion, political and other opinion, social origin, property, birth or other status,
Reaffirming its commitment to a global drive for the total elimination of racism, racial
discrimination, xenophobia and related intolerance,
Recognizing that the successful implementation of the Programme of Action requires
political will and adequate funding at the national, regional and international levels and
international cooperation,
Underlining the importance of urgently eliminating continuing and violent trends
involving racism and racial discrimination, and conscious that any form of impunity for crimes
motivated by racist and xenophobic attitudes plays a role in weakening the rule of law and
democracy, tends to encourage the recurrence of such crimes and requires resolute action and
cooperation for its eradication,
Emphasizing that poverty, underdevelopment, marginalization, social exclusion and
economic disparities are closely associated with racism, racial discrimination, xenophobia and
related intolerance and contribute to the persistence of racist attitudes and practices which in turn
generate more poverty,

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Welcoming the outcomes of the recent sessions of the Intergovernmental Working Group
on the Effective Implementation of the Durban Declaration and Programme of Action and the
Working Group of Experts on People of African Descent contained in documents
E/CN.4/2003/20 and E/CN.4/2003/21, respectively,
Convinced that racism, racial discrimination, xenophobia and related intolerance reveal
themselves in a differentiated manner for women and girls and may be among the factors leading
to a deterioration in their living conditions, poverty, violence, multiple forms of discrimination
and the limitation or denial of their human rights, and recognizing the need to integrate a gender
perspective into relevant policies, strategies and programmes of action against racism, racial
discrimination, xenophobia and related intolerance in order to address multiple forms of
discrimination,
I. BASIC GENERAL PRINCIPLES
1. Acknowledges that no derogation from the prohibition of racial discrimination,
genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the
relevant human rights instruments;
2. Expresses its profound concern about and its unequivocal condemnation of all
forms of racism and racial discrimination, including related acts of racially motivated violence,
xenophobia and intolerance, as well as propaganda activities and organizations that attempt to
justify or promote racism, racial discrimination, xenophobia and related intolerance in any form;
3. Affirms that racism and racial discrimination, and xenophobia and related
intolerance, where they amount to racism and racial discrimination, constitute serious violations
of and obstacles to the full enjoyment of all human rights;
4. Stresses that States and international organizations have a responsibility to ensure
that measures taken in the struggle against terrorism do not discriminate in purpose or effect on
grounds of race, colour, descent or national or ethnic origin, and urges all States to rescind or
refrain from all forms of racial profiling;
5. Encourages Governments to implement and enforce existing legislation, or where
it does not exist, to enact, implement and enforce such legislation in consistency with their
systems of law to prevent acts of racism, racial discrimination, xenophobia and related
intolerance, thereby contributing to the prevention of human rights violations;

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6. Urges all Governments to take all other necessary measures to combat racism,
racial discrimination, xenophobia and related intolerance, including new and contemporary
forms of racism, through specific measures and programmes, in particular in the legislative,
judicial, administrative, educational and information fields;
7. Urges all States to review and, when necessary, revise their immigration laws,
policies and practices so that they are free of racial discrimination and compatible with their
obligations under international human rights instruments;
8. Urges States to adopt effective measures to combat criminal acts motivated by
racism, racial discrimination, xenophobia and related intolerance, including measures to ensure
that such motivations are considered an aggravating factor for the purposes of sentencing, to
prevent those crimes from going unpunished and to ensure the rule of law;
9. Condemns political platforms and organizations based on racism, xenophobia or
doctrines of racial superiority and related discrimination, as well as legislation and practices
based on racism, racial discrimination, xenophobia and related intolerance as incompatible with
democracy and transparent and accountable governance;
10. Encourages all States to include in their educational curricula and social
programmes at all levels, as appropriate, knowledge of and tolerance and respect for foreign
cultures, peoples and countries;
11. Urges States to mainstream a gender perspective in the design and development
of prevention, education and protection measures aimed at the eradication of racism, racial
discrimination, xenophobia and related intolerance at all levels, to ensure that they effectively
target the distinct situations of women and men;
II. INTERNATIONAL CONVENTION ON THE ELIMINATION OF
ALL FORMS OF RACIAL DISCRIMINATION
12. Urges States that have not yet done so to consider ratifying or acceding to the
international human rights instruments that combat racism, racial discrimination, xenophobia and
related intolerance, in particular to accede to the International Convention on the Elimination of
All Forms of Racial Discrimination as a matter of urgency, with a view to achieving universal
ratification by 2005, and to consider making the declaration envisaged under article 14 thereof,
to comply with their reporting obligations, to publish and act upon the concluding observations
of the Committee on the Elimination of Racial Discrimination, to withdraw reservations contrary
to the object and purpose of the Convention and to consider withdrawing other reservations;

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13. Invites States parties to ratify the amendment to article 8 of the Convention, on
the financing of the Committee on the Elimination of Racial Discrimination, and calls for
adequate additional resources from the United Nations regular budget to enable the Committee to
discharge its mandate fully;
14. Urges all States parties to the Convention to intensify their efforts to implement
the obligations that they have accepted under article 4 of the Convention, with due regard to the
principles of the Universal Declaration of Human Rights and article 5 of the Convention;
15. Notes that the Committee on the Elimination of Racial Discrimination, in its
general recommendation XV (42) of 17 March 1993 concerning article 4 of the Convention,
holds that the prohibition of the dissemination of ideas based on racial superiority or racial hatred
is compatible with the right to freedom of opinion and expression as outlined in article 19 of the
Universal Declaration of Human Rights and in article 5 of the Convention;
16. Welcomes general recommendation XXVIII, adopted on 19 March 2002 by the
Committee on the Elimination of Racial Discrimination, in which the Committee emphasized the
importance of follow-up to the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance and recommended measures to strengthen the
implementation of the Convention as well as the functioning of the Committee;
III. COMPREHENSIVE IMPLEMENTATION OF AND FOLLOW-UP TO
THE DURBAN DECLARATION AND PROGRAMME OF ACTION
17. Welcomes the report of the inaugural session of the Working Group on the
Effective Implementation of the Durban Declaration and Programme of Action held from 21
to 31 January 2003, in particular its recommendations, contained in document E/CN.4/2003/20,
adopted by consensus on 21 March 2003, and calls for the full and effective implementation of
these recommendations by all stakeholders;
18. Requests the Office of the High Commissioner for Human Rights to pay special
attention to the implementation of the recommendations of the Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action;
19. Also requests, in the above context, the Office of the High Commissioner for
Human Rights to submit an analytical report, to the next session of the Working Group on the
Effective Implementation of the Durban Declaration and Programme of Action assessing the
effectiveness of the current regional and international standards and instruments to combat

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racism, racial discrimination, xenophobia and related intolerance and identifying possible areas
where complementary international standards might be needed, in order to assist the Working
Group to fulfil its mandate of preparing complementary international standards;
20. Welcomes the thematic approach to the future sessions of the Working Group,
focusing on the critical areas affecting the well-being of the victims of racism, and to this end,
notes that the next session of the Working Group will analyse the themes relating to poverty and
education;
21. Also welcomes progress achieved towards the appointment of the independent
eminent experts and acknowledges the level of eminence of the proposed candidates and, bearing
in mind the terms of reference entrusted to these experts, as well as the need to keep their
mandate under constant review, decides on the following readjustment of their terms of
reference:
(a) To follow the implementation of the provisions of the Durban Declaration and
Programme of Action in cooperation with the United Nations High Commissioner for Human
Rights and assist the High Commissioner in preparing his annual progress report to the
Commission and to the General Assembly based on information and views provided by States,
relevant human rights treaty bodies, special procedures and other mechanisms of the
Commission, international, regional and non-governmental organizations and national human
rights institutions;
(b) Bearing in mind the recommendations of the Working Group, requests the
independent eminent experts to assist the High Commissioner for Human Rights in the
assessment and evaluation of the existing international standards and instruments to combat
racism, racial discrimination, xenophobia and related intolerance with a view to preparing
complementary standards;
22. Decides that the Working Group shall convene its future sessions for an initial
period of three years and encourages the Working Group to work effectively towards the
fulfilment of its mandate;
23. Requests the Working Group to convene its second session of 10 working days
and to focus on areas decided upon in its recommendations, namely, poverty, education and
complementary standards, and to report on progress in this regard at the sixtieth session of the
Commission on Human Rights;

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24. Welcomes the report of the Working Group of Experts on People of African
Descent, in particular its recommendations contained in document E/CN.4/2003/21, and
encourages the continuation of its work, and bearing in mind the existing mandate of this
Working Group, decides on the following additional mandates:
(i) To make proposals on the elimination of racial discrimination against Africans
and people of African descent in all parts of the world;
(ii) To address all the issues concerning the well-being of Africans and people of
African descent contained in the Durban Declaration and Programme of Action;
25. Recognizes in the above context, the importance of reformulating paragraph 8 (d)
of its resolution 2002/68 on the mandate of the Working Group of Experts on People of African
Descent as follows:
(a) To elaborate short-, medium- and long-term proposals for the elimination of racial
discrimination against people of African descent, bearing in mind the need for close
collaboration with international and development institutions and the specialized agencies of the
United Nations system to promote the human rights of people of African descent, inter alia
through:
(i) Improving the human rights situation of people of African descent by
devoting special attention to their needs, inter alia through the preparation
of specific programmes of action;
(ii) Designing special projects, in collaboration with people of African
descent, to support their initiatives at the community level and to facilitate
the exchange of information and technical know-how between these
populations and experts in these areas;
(iii) Developing programmes intended for people of African descent allocating
additional investments to health systems, education, housing, electricity,
drinking water and environmental control measures and promoting equal
opportunities in employment, as well as other affirmative or positive
action initiatives, within the human rights framework;

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26. Decides that the Working Group of Experts on People of African Descent shall
convene its future sessions for an initial period of three years and encourages the Working Group
to work effectively towards the fulfilment of its mandate, and also requests the Working Group
to convene its second session of 10 working days and to report on progress in the elaboration of
its mandate at the sixtieth session of the Commission on Human Rights;
27. Emphasizes that the basic responsibility for effectively combating racism, racial
discrimination, xenophobia and related intolerance lies with States, and to this end stresses that
States have the primary responsibility to ensure full and effective implementation of all
commitments and recommendations contained in the Durban Declaration and Programme of
Action;
28. Also emphasizes, in that context, the fundamental and complementary role of the
national human rights institutions, regional bodies or centres and civil society, working jointly
with States towards the achievement of the objectives of the Durban Declaration and Programme
of Action;
29. Calls upon all States to formulate and implement without delay at the national,
regional and international levels policies and plans of action to combat racism, racial
discrimination, xenophobia and related intolerance, including their gender-based manifestations;
30. Invites States to assist the Office of the High Commissioner for Human Rights in
developing and funding, upon the request of States, specific technical cooperation projects aimed
at combating racism, racial discrimination, xenophobia and related intolerance, and when
necessary and appropriate, to assist States in enhancing the development and implementation of
their national action plans to combat racism, racial discrimination, xenophobia and related
intolerance;
31. Urges States to support the activities of regional bodies or centres that combat
racism, racial discrimination, xenophobia and related intolerance where they exist in their region,
and recommends the establishment of such bodies or centres in all regions where they do not
exist;
32. Acknowledges that the outcome of the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance is on an equal footing with those of all the
major United Nations conferences, summits and special sessions in the human rights and social
fields;

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33. Emphasizes that, in accordance with the Durban Declaration and Programme of
Action, States have a shared responsibility, at the international level and within the framework of
the United Nations system, to determine modalities for the overall review of the implementation
of the Durban Declaration and Programme of Action;
34. Acknowledges with appreciation the upcoming entry into force of the
International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families on 1 July 2003 and invites all States that have not yet done so to consider
acceding to this important instrument;
35. Notes with satisfaction the progress made during the first session of the Ad Hoc
Committee on a Comprehensive and Integral International Convention on Protection and
Promotion of the Rights and Dignity of Persons with Disabilities, held in New York from 29 July
to 9 August 2002, and invites States, intergovernmental and non-governmental organizations,
human rights treaty bodies and mechanisms, as well as independent experts with an interest in
this matter and national disability and human rights institutions to contribute to the work of the
Ad Hoc Committee;
36. Reaffirms that the Commission on Human Rights has a central role in the
monitoring of the implementation of the Durban Declaration and Programme of Action within
the United Nations system;
37. Stresses the need to ensure adequate financial and human resources, including
through the regular budget of the United Nations, for the Office of the High Commissioner for
Human Rights to carry out its responsibilities efficiently in the implementation of the Durban
Declaration and Programme of Action;
IV. IMPLEMENTATION OF THE PROGRAMME OF ACTION FOR
THE THIRD DECADE TO COMBAT RACISM AND RACIAL
DISCRIMINATION AND COORDINATION OF ACTIVITIES
38. Recalls the proclamation by the General Assembly in its resolution 48/91
of 20 December 1993, of the Third Decade to Combat Racism and Racial Discrimination, which
began in 1993 and will end in 2003;
39. Notes with great concern that, despite the many efforts of the international
community, the objectives of the Programme of Action for the Third Decade have largely not
been achieved, welcomes, therefore, the adoption of the Durban Declaration and Programme of
Action, and calls for its full implementation at the national, regional and international levels;

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40. Recommends that the General Assembly, after considering the analytical report of
the Secretary-General on the extent of implementation of the Programme of Action for the Third
Decade to Combat Racism and Racial Discrimination to be submitted pursuant to Assembly
resolution 57/195, consider the closure of the Third Decade;
41. Also recommends that the General Assembly, in the coming decade of activities to
combat racism, racial discrimination, xenophobia and related intolerance, place emphasis on the
concrete implementation of the Durban Declaration and Programme of Action on the basis of a
broad-based consensus on the importance of the anti-discrimination struggle worldwide;
V. SPECIAL RAPPORTEUR ON CONTEMPORARY FORMS OF RACISM,
RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED
INTOLERANCE AND FOLLOW-UP TO HIS VISITS
42. Welcomes with satisfaction the reports of the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance, contained in
documents E/CN.4/2003/23 and E/CN.4/2003/24 and encourages the continuation of his work;
43. Reiterates its call to all Member States, intergovernmental organizations, relevant
organizations of the United Nations and non-governmental organizations to cooperate fully with
the Special Rapporteur;
44. Requests the Special Rapporteur to continue his exchange of views with Member
States and relevant mechanisms and treaty bodies within the United Nations system in order to
further enhance their effectiveness and mutual cooperation;
45. Calls upon Governments which have not yet issued standing invitations to give
serious consideration to inviting the Special Rapporteur to visit their countries so as to enable
him to fulfil his mandate fully and effectively;
46. Urges Member States to consider implementing the recommendations contained
in the reports of the Special Rapporteur;
47. Encourages closer collaboration between the Special Rapporteur and the
Office of the High Commissioner for Human Rights, in particular the newly formed
Anti-Discrimination Unit;
48. Requests the Secretary-General to provide the Special Rapporteur with all the
necessary human and financial assistance to carry out his mandate efficiently, effectively and
expeditiously and to enable him to submit an interim report to the General Assembly at its
fifty-eighth session;

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VI. GENERAL
49. Decides to consider this matter at its sixtieth session under the sub-item entitled
“Comprehensive implementation of and follow-up to the Durban Declaration and Programme of
Action”.
57th meeting
23 April 2003
[Adopted by a recorded vote of 38 to 1,
with 13 abstentions. See chap. VI.]
2003/31. Question of arbitrary detention
The Commission on Human Rights,
Reaffirming articles 3, 9, 10 and 29, as well as other relevant provisions, of the Universal
Declaration of Human Rights,
Recalling articles 9, 10, 11 and 14 to 22 of the International Covenant on Civil and
Political Rights,
Bearing in mind that, in accordance with its resolution 1991/42 of 5 March 1991, the task
of the Working Group on Arbitrary Detention is to investigate cases of detention imposed
arbitrarily or otherwise inconsistently with the relevant international standards set forth in the
Universal Declaration of Human Rights or in the relevant international legal instruments
accepted by the States concerned,
Recalling the adoption by the Working Group of its Deliberation No. 5 (E/CN.4/2000/4,
annex II), which relates to the situation of immigrants and asylum-seekers and guarantees
concerning persons held in custody, with a view to ensuring better prevention of arbitrary
detention,
Reaffirming its resolution 2002/42 of 23 April 2002,
1. Takes note of:
(a) The report of the Working Group on Arbitrary Detention E/CN.4/2003/8
and addenda);
(b) The work of the Working Group and underlines the positive initiatives it has
taken to strengthen cooperation and dialogue with States and the establishment of cooperation
with all those concerned by the cases submitted to it for consideration, in accordance with its
mandate;

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(c) The importance that the Working Group attaches to coordination with other
mechanisms of the Commission, with other competent United Nations bodies and with
treaty bodies, as well as to the strengthening of the role of the Office of the United Nations
High Commissioner for Human Rights in such coordination and encourages the Working Group
to take all necessary measures to avoid duplication with those mechanisms, in particular
regarding the treatment of the communications it receives and field visits;
2. Requests the Governments concerned to take account of the Working Group’s
views and, where necessary, to take appropriate steps to remedy the situation of persons
arbitrarily deprived of their liberty and to inform the Working Group of the steps they have
taken;
3. Encourages the Governments concerned:
(a) To implement the recommendations of the Working Group concerning persons
mentioned in its report who have been detained for a number of years;
(b) To take appropriate measures in order to ensure that their legislation, regulations
and practices in these fields are in conformity with the relevant international standards and the
relevant international legal instruments applicable to the States concerned;
(c) Not to extend states of emergency beyond what is strictly required by the
situation, in accordance with the provisions of article 4 of the International Covenant on Civil
and Political Rights, or to limit their effect;
(d) To pay special attention, during states of emergency, to the exercise of those
rights that ensure protection against arbitrary detention;
4. Encourages all Governments to invite the Working Group to visit their countries
so that it may carry out its mandate even more effectively;
5. Requests the Governments concerned to give the necessary attention to the
“urgent appeals” addressed to them by the Working Group on a strictly humanitarian basis and
without prejudging its possible final conclusions;
6. Expresses its profound thanks to the Governments which have extended their
cooperation to the Working Group and responded to its requests for information, and invites all
Governments concerned to demonstrate the same spirit of cooperation;
7. Takes note with satisfaction of the fact that the Working Group has been informed
of the release of some of the individuals whose situation has been brought to its attention, while
deploring the many cases which have not yet been resolved;

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8. Takes note of the recommendations made by the Working Group in its report;
9. Requests the Secretary-General:
(a) To extend his assistance to Governments expressing the wish to receive it, and to
the special rapporteurs and working groups, with a view to ensuring the promotion and
observance of the guarantees relating to states of emergency that are laid down in the relevant
international instruments;
(b) To ensure that the Working Group receives all necessary assistance, particularly
with regard to the staffing and resources needed to continue to discharge its mandate, especially
in respect of field missions;
10. Decides to extend for three years the mandate of the Working Group in
accordance with resolutions 1991/42 of 5 March 1991 and 1997/50 of 15 April 1997;
11. Requests the Working Group to submit to the Commission, at its sixtieth session,
a report on its activities and on the implementation of the present resolution and to include any
suggestions and recommendations which would enable it to carry out its task in the best
possible way and to continue its consultations to that end in the framework of its terms of
reference;
12. Decides to continue its consideration of this question at its sixtieth session under
the relevant agenda item.
57th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]
2003/32. Torture and other cruel, inhuman or degrading
treatment or punishment
The Commission on Human Rights,
Reaffirming that no one should be subjected to torture or other cruel, inhuman or
degrading treatment or punishment, that such actions constitute a criminal attempt to destroy a
fellow human being physically and mentally, which can never be justified under any
circumstances by any ideology or by any overriding interest, and convinced that a society that
tolerates torture can never claim to respect human rights,

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Recalling that freedom from torture and other cruel, inhuman or degrading treatment or
punishment is a non-derogable right and that the prohibition of torture is explicitly affirmed in all
relevant international instruments, as set out in the second preambular paragraph of Commission
resolution 2001/62 of 25 April 2001,
Recalling also the definition of torture contained in article 1 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Appalled at the widespread occurrence of torture and other cruel, inhuman or degrading
treatment or punishment,
Recalling all relevant resolutions of the General Assembly, the Economic and Social
Council and the Commission on Human Rights, in particular Commission resolution 2002/38
of 22 April 2002 and Assembly resolution 57/200 of 18 December 2002,
Mindful of the proclamation by the General Assembly, in its resolution 52/149
of 12 December 1997, of 26 June as United Nations International Day in Support of Victims of
Torture,
Commending the persistent efforts by non-governmental organizations to combat torture
and to alleviate the suffering of victims of torture,
Emphasizing the importance of Governments’ taking persistent action to prevent and
combat torture and commending those Governments which have also cooperated in this regard
with non-governmental organizations,
1. Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, which are and shall remain prohibited at any time and in any place whatsoever and
can thus never be justified, and calls upon all Governments to implement fully the prohibition of
torture and other cruel, inhuman or degrading treatment or punishment;
2. Condemns in particular any action or attempt by States or public officials to
legalize or authorize torture under any circumstances, including through judicial decisions, and
calls upon Governments to eliminate practices of torture;
3. Urges all Governments to promote the speedy and full implementation of the
Vienna Declaration and Programme of Action (A/CONF.157/23), in particular Part II,
section B.5, relating to freedom from torture, in which it is stated that States should abrogate
legislation leading to impunity for those responsible for grave violations of human rights such as
torture and prosecute such violations, thereby providing a firm basis for the rule of law;

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4. Also urges Governments to take effective measures to provide redress and to
prevent torture and other cruel, inhuman or degrading treatment or punishment, including their
gender-based manifestations;
5. Reminds Governments that corporal punishment, including of children, can
amount to cruel, inhuman or degrading punishment or even to torture;
6. Also reminds Governments that intimidation and coercion, as described
in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, including serious and credible threats, as well as death threats, to the physical
integrity of the victim or of a third person, can amount to cruel, inhuman or degrading treatment
or to torture;
7. Stresses that, under article 4 of the Convention, torture must be made an offence
under domestic criminal law and emphasizes that acts of torture are serious violations of
international humanitarian law and that the perpetrators are liable to prosecution and
punishment;
8. Stresses in particular that all allegations of torture or other cruel, inhuman or
degrading treatment or punishment should be promptly and impartially examined by the
competent national authority, that those who encourage, order, tolerate or perpetrate acts of
torture must be held responsible and severely punished, including the officials in charge of the
place of detention where the prohibited act is found to have taken place, notes in this respect the
Principles on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (the Istanbul Principles) annexed to
Commission resolution 2000/43 and General Assembly resolution 55/89 as a useful tool in
efforts to combat torture, and reiterates its request to the Special Rapporteur, in the normal
course of his work, to solicit views from Governments and non-governmental organizations;
9. Stresses that States must not punish personnel for not obeying orders to commit
acts amounting to torture or other cruel, inhuman or degrading treatment or punishment;
10. Also stresses that national legal systems should ensure that the victims of torture
or other cruel, inhuman or degrading treatment or punishment obtain redress and are awarded
fair and adequate compensation and receive appropriate socio-medical rehabilitation, and in this
regard encourages the development of rehabilitation centres for victims of torture;

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11. Urges Governments to protect medical and other personnel for their role in
documenting torture or any other form of cruel, inhuman or degrading treatment or punishment
and in treating victims of such acts;
12. Calls upon all Governments to take appropriate effective legislative,
administrative, judicial or other measures to prevent and prohibit the production, trade, export
and use of equipment which is specifically designed to inflict torture or other cruel, inhuman or
degrading treatment;
13. Takes note with appreciation of the Special Rapporteur’s study (E/CN.4/2003/69)
on the situation of trade and production in such equipment, its origin, destination and forms, calls
upon States and non-governmental organizations to provide the information requested by the
Special Rapporteur to enable him to carry out further work with a view to finding the best ways
to prohibit such trade and production and to combat its proliferation, and requests the Special
Rapporteur to report thereon to the Commission;
14. Reminds all States that prolonged incommunicado detention may facilitate the
perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading
treatment or even torture, and urges all States to respect the safeguards concerning the liberty,
security and the dignity of the person;
15. Urges all States to consider becoming parties to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment as a matter of priority, with a
view to achieving universal ratification, and welcomes the ratifications and accessions since the
fifty-eighth session of the Commission;
16. Encourages States parties to consider limiting the extent of any reservations they
lodge to the Convention, to formulate any reservations as precisely and narrowly as possible, to
ensure that no reservation is incompatible with the object and purpose of the Convention and to
review regularly any reservations made in respect of the provisions of the Convention, with a
view to withdrawing them;
17. Invites all States ratifying or acceding to the Convention and those States parties
that have not yet done so to make the declarations provided for in articles 21 and 22 of the
Convention and to avoid making, or consider the possibility of withdrawing, reservations to
article 20;

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18. Urges States parties to notify the Secretary-General of their acceptance of the
amendments to articles 17 and 18 of the Convention as soon as possible;
19. Also urges all States parties to comply strictly with their obligations in accordance
with article 19 of the Convention, including their reporting obligations, and, in particular, those
States parties whose reports are long overdue to submit their reports forthwith, and invites States
parties to incorporate a gender perspective and information concerning children and juveniles
when submitting reports to the Committee against Torture;
20. Emphasizes the obligation of States parties under article 10 of the Convention to
ensure education and training for personnel who may be involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest, detention or imprisonment, and calls
upon the United Nations High Commissioner for Human Rights, in conformity with the mandate
established in General Assembly resolution 48/141 of 20 December 1993, to provide, at the
request of Governments, advisory services in this regard, as well as technical assistance in the
development, production and distribution of appropriate teaching material for this purpose;
21. Invites donor countries, recipient countries and relevant United Nations
organizations, funds and programmes, in particular the Office of the High Commissioner for
Human Rights, to consider, where appropriate, including in their respective bilateral programmes
and technical cooperation projects relating to the training of armed forces, security forces, prison
and police personnel and health-care personnel, matters relating to the protection of human
rights, including the prevention of torture, while bearing in mind a gender perspective;
22. Calls upon States parties to consider signing and ratifying the Optional Protocol
to the Convention, providing further measures for the use in the fight against and prevention of
torture, which was adopted on 18 December 2002 by the General Assembly in its
resolution 57/199;
23. Takes note that ratifications from 20 States parties are required for the Optional
Protocol to enter into force;
24. Welcomes the report of the Committee against Torture on its twenty-seventh and
twenty-eighth sessions (A/57/44);
25. Also welcomes the work of the Committee and its practice of formulating
concluding observations after the consideration of reports and recognizes the importance of the
process of individual communications relating to States which have made a declaration under
article 22 of the Convention, as well as its practice of carrying out inquiries into cases where

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there are indications of the systematic practice of torture within the jurisdiction of States parties,
and urges States parties to take into account such conclusions and recommendations, as well as
views on individual communications;
26. Takes note with appreciation of the report of the Secretary-General on the status
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (E/CN.4/2003/60) and requests the Secretary-General to continue to submit an
annual report to the Commission;
27. Also takes note with appreciation of the work of the Special Rapporteur on the
question of torture and other cruel, inhuman or degrading treatment or punishment and notes the
recommendations contained in the report of the Special Rapporteur (E/CN.4/2002/68 and
Addenda), as well as the recommendations made in previous years, and encourages the Special
Rapporteur to include among his recommendations proposals for the prevention and
investigation of torture, taking into account information received concerning training manuals
and activities aimed at facilitating the practice of torture;
28. Draws the attention of the Special Rapporteur to those aspects related to his
activities set out in paragraphs 3, 27, 28, 31, 32 and 36 of Commission resolution 2001/62, with
a view to his reporting to the Commission as appropriate;
29. Considers it desirable that the Special Rapporteur continue to exchange views
with the relevant human rights mechanisms and bodies, especially the Committee against Torture
and the Office of the High Commissioner for Human Rights, in particular with a view to
enhancing further their effectiveness and mutual cooperation, while avoiding unnecessary
duplication with other special procedures, and that he pursue cooperation with other relevant
United Nations programmes, notably that on crime prevention and criminal justice;
30. Reiterates the need for the Special Rapporteur to be able to respond effectively, in
particular through urgent appeals, to credible and reliable information that comes before him,
invites the Special Rapporteur to continue to seek the views and comments of all concerned, in
particular Governments, and underlines that the facts forming the basis for the urgent appeals
should be clearly set out;
31. Calls upon all Governments to cooperate with and assist the Special Rapporteur
in the performance of his task, to supply all necessary information requested by him and to react
appropriately and expeditiously to his urgent appeals;

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32. Urges those Governments that have not yet responded to communications
transmitted to them by the Special Rapporteur to answer without further delay;
33. Calls upon all Governments to give serious consideration to responding
favourably to the Special Rapporteur’s requests to visit their countries and urges them to enter
into a constructive dialogue with the Special Rapporteur with respect to the follow-up to his
recommendations, so as to enable him to fulfil his mandate even more effectively;
34. Invites the Special Rapporteur to submit an interim report to the
General Assembly at its fifty-eighth session on the overall trends and developments with regard
to his mandate and a full report to the Commission at its sixtieth session, including as addenda
all replies sent by Governments that are received in any of the official languages of the
United Nations;
35. Takes note of the reports of the Secretary-General on the United Nations
Voluntary Fund for Victims of Torture (A/57/268 and E/CN.4/2003/61 and Add.1);
36. Recognizes the global need for international assistance to victims of torture,
expresses its gratitude and appreciation to those Governments, organizations and individuals that
have contributed to the Fund and encourages them to continue to do so;
37. Stresses the importance of the work of the Board of Trustees of the Fund and
appeals to all Governments, organizations and individuals to contribute annually to the Fund and
preferably by 1 March before the annual meeting of the Board, if possible with a substantial
increase in the contributions in order to take into consideration the ever-increasing requests for
assistance, in particular the increasing need for assistance to rehabilitation services for victims of
torture and to small projects of humanitarian assistance to victims of torture;
38. Requests the Secretary-General to continue to include the Fund, on an annual
basis, among the programmes for which funds are pledged at the United Nations Pledging
Conference for Development Activities and to transmit to all Governments the appeals of the
Commission for contributions to the Fund;
39. Calls upon the Board of Trustees of the Fund to report to the Commission at its
sixtieth session, and requests an independent evaluation, in accordance with United Nations rules
and regulations, of the functioning of the Fund, including in particular the lessons and best
practices learned from the Fund’s activities, with a view to further enhancing its effectiveness;
the independent evaluation should be initiated before the next session of the Commission using
extrabudgetary funding;

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40. Requests the Secretary-General to ensure, within the overall budgetary framework
of the United Nations, the provision of an adequate and stable level of staffing, as well as the
necessary technical facilities, for the bodies and mechanisms involved in combating torture and
assisting victims of torture, in order to ensure their effective performance commensurate with the
strong support expressed by Member States for combating torture and assisting victims of
torture;
41. Calls upon all Governments, the United Nations High Commissioner for Human
Rights and United Nations bodies and agencies, as well as relevant intergovernmental and
non-governmental organizations, to commemorate on 26 June the United Nations International
Day in Support of Victims of Torture;
42. Decides to continue to consider this matter at its sixtieth session, as a matter of
priority.
57th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]
2003/33. Human rights and forensic science
The Commission on Human Rights,
Recalling its resolutions 1993/33 of 5 March 1993, 1994/31 of 4 March 1994, 1996/31
of 19 April 1996, 1998/36 of 17 April 1998 and 2000/32 of 20 April 2000,
Welcoming the report of the Office of the United Nations High Commissioner for
Human Rights on human rights and forensic science (E/CN.4/2002/67), submitted pursuant to
Commission resolution 2000/32,
Recognizing that forensic science is an important tool in detecting evidence of torture and
other cruel, inhuman or degrading treatment or punishment and extrajudicial, summary or
arbitrary executions, and recalling in this context the Principles on the Effective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions adopted by the Economic and
Social Council in its resolution 1989/65 of 24 May 1989, as well as the Principles on the
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment annexed to Commission resolution 2000/43 and General Assembly
resolution 55/89 of 4 December 2000,

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Recognizing also that forensic investigations can play an important role in combating
impunity by providing the evidentiary basis on which prosecutions can successfully be brought
against persons responsible for grave violations of human rights and international humanitarian
law,
Noting that the practice of forensic science includes examinations of both dead and living
persons, and also includes identification procedures,
Noting also the need of Governments, intergovernmental organizations and
non-governmental organizations for forensic scientific expertise in investigating deaths and
clarifying disappearances,
Aware that several special rapporteurs have used or referred to the need for the assistance
of experts in various forensic disciplines in the context of the implementation of their mandates,
1. Welcomes the increased use of forensic investigations in situations where grave
violations of human rights and international humanitarian law have occurred, and encourages
further coordination concerning, inter alia, the planning and realization of such investigations, as
well as the protection of forensic and related experts, between Governments, intergovernmental
organizations and non-governmental organizations;
2. Notes the progress made by the Office of the United Nations High Commissioner
for Human Rights in the use of forensic experts, including the revised Cooperation Service
Agreement (E/CN.4/1998/32, annex II) regulating the use of forensic experts provided either by
a Member State or by a non-governmental organization;
3. Welcomes the publication by the Office of the High Commissioner for Human
Rights of the Istanbul Protocol: Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Professional Training
Series No. 8);
4. Welcomes the establishment of a consolidated database of forensic experts at the
Office of the High Commissioner, and requests the High Commissioner to keep the database
continuously updated in consultation with Governments, relevant United Nations bodies and
professional organizations of forensic and related experts;
5. Recommends that the Office of the High Commissioner encourage forensic
experts to coordinate further and produce additional manuals on examinations of living persons;

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6. Also recommends that the Office of the High Commissioner encourage, as
appropriate, the dissemination and use of the manuals referred to in the present resolution and
the setting up of courses aimed at providing training in forensic activities relating to victims of
human rights violations, particularly in countries without sufficient expertise in forensic science
and related fields, for example through the training of local teams;
7. Further recommends that the Secretary-General, with a view to promoting quality
and consistency, establish procedures to evaluate the use of forensic expertise and the results of
those efforts;
8. Encourages Governments to establish thorough, prompt and impartial
investigation and documentation procedures, such as those reflected in the Principles on the
Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Execution and in
the Principles on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
9. Requests the Secretary-General to provide appropriate resources, from within
existing overall United Nations resources, to fund the activities of the Office of the High
Commissioner in implementing the present resolution, including a revision of the Manual on the
Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions;
10. Requests the Office of the High Commissioner to report to the Commission at its
sixty-first session on progress made in this matter;
11. Decides to consider this question at its sixty-first session under the same
agenda item.
57th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]
2003/34. The right to restitution, compensation and rehabilitation for victims
of grave violations of human rights and fundamental freedoms
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the International Covenants on Human Rights, other relevant human rights instruments and the
Vienna Declaration and Programme of Action (A/CONF.157/23),

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Reaffirming that, pursuant to internationally proclaimed human rights principles, victims
of grave violations of human rights should receive, in appropriate cases, restitution,
compensation and rehabilitation,
Reiterating the importance of addressing the question of restitution, compensation and
rehabilitation for victims of grave violations of human rights and fundamental freedoms in a
systematic and thorough way at the national and international levels,
Recalling its resolutions 1996/35 of 19 April 1996, 1998/43 of 17 April 1998, 1999/33
of 26 April 1999, 2000/41 of 20 April 2000 and 2002/44 of 23 April 2002, as well as its
decision 2001/105 of 23 April 2001,
Recalling also the report of the independent expert, Mr. Cherif Bassiouni, appointed by
the Commission (E/CN.4/2000/62), and, in particular, the draft of the “Basic principles and
guidelines on the right to a remedy and reparation for victims of violations of international
human rights and humanitarian law”, annexed to his report, and the note by the Secretariat
(E/CN.4/2002/70),
Welcoming with satisfaction the positive experience of countries that have established
policies and adopted legislation on restitution, compensation and rehabilitation for victims of
grave violations of human rights,
1. Calls upon the international community to give due attention to the right to a
remedy and, in particular, in appropriate cases, to receive restitution, compensation and
rehabilitation, for victims of grave violations of international human rights law and humanitarian
international law;
2. Requests the Secretary-General to circulate to all Member States and
intergovernmental and non-governmental organizations in consultative status with the Economic
and Social Council the draft of the “Basic principles and guidelines on the right to a remedy and
reparation for victims of violations of international human rights and humanitarian law”,
annexed to the report of the independent expert, and to request those that have not yet done so to
send their comments thereon to the Office of the United Nations High Commissioner for
Human Rights;
3. Takes note of the report of the Chairperson-Rapporteur of the consultative
meeting, held on 30 September and 1 October 2002, with a view to finalizing the “Basic
principles and guidelines on the right to a remedy and reparation for victims of violations of
international human rights and humanitarian law” (E/CN.4/2003/63);

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4. Requests the Chairperson-Rapporteur of the consultative meeting, in consultation
with the independent experts, Mr. Theo van Boven and Mr. Cherif Bassiouni, to prepare a
revised version of the “Basic principles and guidelines on the right to a remedy and reparation
for victims of violations of international human rights and humanitarian law”, taking into
account the opinions and commentaries of States and of intergovernmental and
non-governmental organizations and the results of the consultative meeting;
5. Requests the United Nations High Commissioner for Human Rights to hold, with
the cooperation of interested Governments, a second consultative meeting for all interested
Member States, intergovernmental organizations and non-governmental organizations in
consultative status with the Economic and Social Council, using available resources, with a view
to finalizing the “Basic principles and guidelines on the right to a remedy and reparation for
victims of violations of international human rights and humanitarian law” and, if appropriate, to
consider options for the adoption of these principles and guidelines; the second consultative
meeting should have, as a basis for its work, the comments submitted, the report of the
Chairperson-Rapporteur of the first consultative meeting and the revised version of the principles
and guidelines to be prepared by the Chairperson-Rapporteur of the first consultative meeting in
consultation with the independent experts, Mr. Theo van Boven and Mr. Cherif Bassiouni;
6. Encourages the Chairperson-Rapporteur of the first consultative meeting to
conduct informal consultations with all interested parties, to further contribute to the process of
the “Basic principles and guidelines on the right to a remedy and reparation for victims of
violations of international human rights and humanitarian law”;
7. Requests the High Commissioner for Human Rights to transmit to the
Commission at its sixtieth session the final outcome of the second consultative meeting for its
consideration;
8. Decides to continue its consideration of this question, as a matter of priority, at its
sixtieth session under the sub-item entitled “Independence of the judiciary, administration of
justice, impunity” of the relevant agenda item.
57th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]

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2003/35. Strengthening of popular participation, equity, social justice
and non-discrimination as essential foundations of democracy
The Commission on Human Rights,
Recalling its resolutions 2001/36 of 23 April 2001 and 2002/34 of 22 April 2002 on
this issue,
Recalling also General Assembly resolution 55/96 of 4 December 2000 and recalling its
own resolution 2000/47 of 25 April 2000 on promoting and consolidating democracy,
Reaffirming its commitment to the purposes and principles enshrined in the Charter of the
United Nations,
Reaffirming also the commitment of all States to fulfil their obligations to promote
universal respect for, and observance and protection of, all human rights and fundamental
freedoms for all in accordance with the Charter of the United Nations, other instruments relating
to human rights, and international law,
Stressing that all peoples have the right of self-determination, by virtue of which they
freely determine their political status and freely pursue their economic, social and cultural
development,
Recognizing that democracy, development and respect for human rights and fundamental
freedoms are interdependent and mutually reinforcing,
Recalling that all human rights are universal, indivisible, interdependent and interrelated
and that the international community must treat all human rights globally in a fair and equal
manner, on the same footing and with the same emphasis,
Reaffirming the commitment made by Member States to strive for the full
protection and promotion in all our States of civil, political, economic, social and cultural
rights for all,
Considering the major changes taking place on the international scene and the aspirations
of all peoples for a democratic, participatory and fair international order based on the principles
enshrined in the Charter of the United Nations, including promoting and encouraging respect for
human rights and fundamental freedoms for all and respect for the principle of equal rights and
self-determination of peoples, peace, democracy, justice, equality, rule of law, pluralism,
development, better standards of living and solidarity,

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Welcoming the commitment of all Member States, expressed in the United Nations
Millennium Declaration, to work collectively for more inclusive political processes allowing
genuine participation by all citizens in all countries,
Welcoming also the pledge of the international community at the World Conference on
Human Rights, held at Vienna in June 1993, to support the strengthening and promotion of
democracy, development and respect for human rights and fundamental freedoms throughout the
world,
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,
Emphasizing the importance of the equitable participation of all, without any
discrimination, in domestic as well as global decision-making,
Considering that in the current context of globalization, whereby decisions affecting
people’s lives are often taken outside the national context, the application of the principles of
democracy to the international and regional levels has taken on added importance,
Recognizing that development can only be sustainable on a long-term basis if
development policies are responsive to people’s needs and ensure people’s participation both in
their design and implementation, while stressing the fact that meeting the basic human needs
essential for survival is a sine qua non condition for an effective democracy,
Emphasizing that the persistence of extreme poverty inhibits the full and effective
enjoyment of human rights and the participation of all citizens in the democratic processes in
every society, and that the full participation of everyone in democratic societies fosters and
enhances the struggle against poverty,
Reaffirming the need to create an environment - at the national and global levels alike -
which is conducive to development and to the elimination of poverty,
Recalling that accountable and transparent governance at the national and international
levels is critical for the creation of an environment that facilitates the development of
democratic, prosperous and peaceful societies,
Recognizing and respecting the rich and diverse nature of the community of the world’s
democracies, which arise out of all of the world’s social, cultural and religious beliefs and
traditions,

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Bearing in mind that each society and every context has its own indigenous and relevant
democratic institutional traditions, and that while no single institution can claim democratic
perfection, the combination of domestic democratic structures with universal democratic norms
is a formidable tool in strengthening both the roots and the reach of democracy and in advancing
a universal understanding of democracy,
Recognizing that while all democracies share common features, differences between
democratic societies should be neither feared nor repressed, but cherished as a precious asset of
humanity,
Aware of the importance of fostering a diversity of social contributions in strengthening
people’s participation, equity, social justice and non-discrimination, including the enhancement
of non-governmental organizations, people’s organizations, voluntary social organizations, trade
unions, the private sector and other actors of civil society,
Aware also of the importance of ensuring the implementation of the rights to freedom of
opinion and expression as well as to freedom of assembly and association, in accordance with
articles 19, 20, 21 and 22 of the International Covenant on Civil and Political Rights,
Recalling the commitment undertaken by all States within the framework of the
United Nations and other international organizations to work for the promotion of democracy
and the rule of law,
1. Declares that popular participation, equity, social justice and non-discrimination
are essential foundations of democracy;
2. Reaffirms that democracy is based on the freely expressed will of the people to
determine their own political, economic, social and cultural systems and their full participation in
all aspects of their lives and that in that context the promotion and protection of human rights
and fundamental freedoms at the national and international levels should be universal and
conducted without conditions attached;
3. Also reaffirms that while all democracies share common features, there is no one
model of democracy; therefore we must not seek to export any particular model of democracy;
4. Affirms that the consolidation of democracy requires the promotion and protection
of all human rights for everyone, both civil and political rights and economic, social and cultural
rights, including the right to development as a universal and inalienable right and an integral part
of fundamental human rights, as established in the Declaration on the Right to Development;

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5. Also affirms that the right to development is a crucial area of public affairs in
every country and requires free, active and meaningful popular participation;
6. Reaffirms that democracy, development and respect for human rights are
interdependent and mutually reinforcing;
7. Stresses that the consolidation of democracy requires that sustained economic
growth and sustainable development of countries and communities foster the promotion and
consolidation of democracies;
8. Declares that full popular participation is only feasible if societies have
democratic political and electoral systems which guarantee to all their citizens the possibility
both to take part in the government of their country, directly or through freely chosen
representatives, and to have equal access to public service, without discrimination of any kind as
to race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status;
9. Reaffirms that the will of the people shall be the basis of the authority of
government and that this shall be expressed in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret vote or by equivalent free voting
procedures;
10. Also reaffirms that free and fair elections, popular participation and control,
collective deliberation and political equality are essential to democracy and must be realized
through a framework of accessible, representative and accountable institutions subject to
periodic change or renewal;
11. Recognizes that inequitable political, economic, cultural and social conditions can
breed and foster racism, racial discrimination, xenophobia and related intolerance, which in turn
exacerbate inequity;
12. Reaffirms that genuine equality of opportunity for all, in all spheres, including
that of development, is fundamental to the eradication of racism, racial discrimination,
xenophobia and related intolerance;
13. Urges all States to foster a democracy that, inspired by the recognition of the
inherent dignity and the equal and inalienable rights of all members of the human family,
promotes people’s welfare, rejecting all forms of discrimination and exclusion, facilitates

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development with equity and justice, and encourages the most comprehensive and full
participation of their citizens in the decision-making process and in the debate over diverse
issues affecting society;
14. Requests all States and the international community further to endeavour to
promote effective measures to eradicate poverty and promote just, equitable and inclusive
societies;
15. Invites all mechanisms of the Commission and the human rights treaty bodies to
continue taking into account, in the discharge of their respective mandates, the question of
strengthening popular participation, equity, social justice and non-discrimination as the
foundations of democracy;
16. Requests the Secretary-General and the United Nations High Commissioner for
Human Rights to bring the present resolution to the attention of Member States, the relevant
United Nations organs and intergovernmental and non-governmental organizations and to
disseminate it on the widest possible basis;
17. Decides to continue its consideration of this issue at its sixtieth session, under the
same agenda item.
57th meeting
23 April 2003
[Adopted by a recorded vote of 29 votes to 12,
with 12 abstentions. See chap. XI.]
2003/36. Interdependence between democracy and human rights
The Commission on Human Rights,
Recalling General Assembly resolution 55/96 of 4 December 2000, entitled “Promoting
and consolidating democracy”, as well as all its own relevant resolutions, in particular
resolutions 1999/57 of 27 April 1999, entitled “Promotion of the right to democracy”, 2000/47
of 25 April 2000, entitled “Promoting and consolidating democracy”, 2001/41 of 23 April 2001,
entitled “Continuing dialogue on measures to promote and consolidate democracy”, and 2002/46
entitled “Further measures to promote and consolidate democracy”,

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Recalling also the universal validity of the values of freedom, respect for human rights
and the principle of the holding of periodic and genuine elections by universal suffrage and by
secret ballot which are embodied in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and various regional instruments for the
promotion and protection of human rights,
Reaffirming commitments undertaken by Member States, within the framework of the
United Nations and other international organizations, for the promotion of human rights,
democracy and the rule of law,
Taking note of the Second Ministerial Conference of the Community of Democracies,
held in Seoul from 10 to 12 November 2002, under the overall theme of “Democracy: Investing
for Peace and Prosperity”, and the Seoul Plan of Action, which provides specific guidelines for
the promotion, consolidation and protection of democracy worldwide, of the Warsaw
Declaration adopted by the First Conference of the Community of Democracies, as well as of the
convening of Fifth International Conference of New or Restored Democracies, to be held in
Ulaanbataar, from 18 to 20 June 2003,
Noting the Human Development Report 2002 issued by the United Nations Development
Programme, which illustrates the close link between democracy and good governance on the one
hand, and economic development and poverty alleviation, on the other hand,
Recognizing the need continuously to promote respect for democratic values and
principles, and to improve the functioning of democratic institutions and mechanisms,
Recognizing also that the effective application of the rule of law and the fair
administration of justice are vital to the good functioning of democracy,
Welcoming the expert seminar on the interdependence between democracy and human
rights that took place from 25 to 26 November 2002 in Geneva,
Taking note of the chairperson’s summary of key points emerging from the seminar,
Noting with interest the report of the United Nations High Commissioner for Human
Rights on the expert seminar (E/CN.4/2003/59),
1. Declares that the essential elements of democracy include respect for human
rights and fundamental freedoms, inter alia freedom of association, freedom of expression and
opinion, and also include access to power and its exercise in accordance with the rule of law, the

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holding of periodic free and fair elections by universal suffrage and by secret ballot as the
expression of the will of the people, a pluralistic system of political parties and organizations, the
separation of powers, the independence of the judiciary, transparency and accountability in
public administration, and free, independent and pluralistic media;
2. Reaffirms its conviction that democracy, development and respect for human
rights and fundamental freedoms are interdependent and mutually reinforcing; democracy is
based on the freely expressed will of the people to determine their own political, economic,
social and cultural systems and their full participation in all aspects of their lives;
3. Also reaffirms that democracy facilitates the progressive realization of all
economic, social and cultural rights;
4. Recognizes the comprehensive nature of democracy as a system of governance
that encompasses procedures and substance, formal institutions and informal processes,
majorities and minorities, mechanisms and mentalities, laws and their enforcement, government
and civil society;
5. Stresses the need for equal opportunities for men and women to participate in
political and public life;
6. Acknowledges the role played by non-governmental organizations and civil
society in promoting democracy;
7. Notes that international human rights instruments enshrine many of the principles,
norms, standards and values of democracy and may guide the development of domestic
democratic traditions and institutions;
8. Acknowledges that democracy is an always-perfectible process that should be
measured by the degree to which its principles, norms, standards and values are given effect and
contributes to the full realization of all human rights;
9. Takes note with satisfaction that the advance, in many countries of the world, in
building democratic societies led to a better realization of the civil, political, economic, social
and cultural rights in those countries;
10. Takes note that democratic processes are not always irreversible and that there is a
constant need continuously to protect, promote and consolidate democracy;

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11. Calls on national parliaments to make continuous efforts aimed at strengthening
the rule of law and democratic institutions, as well as at implementing democratic principles and
values, and encourages the Inter-parliamentary Union actively to continue its contributions to
that effect;
12. Underlines the need to further clarify basic concepts that define democracy and
are of universal relevance and use;
13. Calls upon the Office of the United Nations High Commissioner for Human
Rights:
(a) To pay increased attention to the work done with respect to the promotion and
consolidation of democracy by the United Nations system, other regional and international
intergovernmental organizations and relevant non-governmental organizations;
(b) To engage in coordination efforts with the Department of Political Affairs and the
Department of Economic and Social Affairs of the Secretariat, the United Nations Development
Programme and other relevant United Nations bodies that undertake activities aimed at
promoting and consolidating democracy;
(c) To use the work of special procedures of the Commission on Human Rights in
order to collect and analyse data on relevant cases where protection of human rights was served
by democratic practices or where lack of democracy or setbacks in democratization processes
triggered violations of human rights;
(d) To invite the views of various regional, subregional and other organizations and
arrangements on the role they play in promoting and consolidating democracy, and to report to
the Commission on the contributions resulting therefrom at its sixtieth session;
14. Requests the Office of the High Commissioner for Human Rights to prepare a
compilation of documents or texts adopted and used by various intergovernmental, international,
regional and subregional organizations aimed at promoting and consolidating democracy and to
report to the Commission at its sixty-first session;
15. Invites all Governments, relevant intergovernmental organizations and interested
non-governmental organizations to continue and deepen debates aimed at identifying ways and
means to promote and consolidate democracy, in particular on issues identified by the expert
seminar as being in need of further attention;

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16. Calls upon the Office of the High Commissioner for Human Rights to organize to
that purpose a second expert seminar, in 2004, to examine further the interdependence between
democracy and human rights, with the topic of “Democracy and the rule of law”, to be funded by
voluntary contributions, and to include observers from interested Governments, experts of the
United Nations specialized agencies, funds and programmes, other relevant intergovernmental
organizations and interested non-governmental organizations;
17. Requests the Office of the High Commissioner for Human Rights to report on the
conclusions of the expert seminar to the Commission at its sixty-first session;
18. Decides to continue consideration of the matter at its sixtieth session.
57th meeting
23 April 2003
[Adopted by a recorded vote of 36 votes to none,
with 17 abstentions. See chap. XI.]
2003/37. Human rights and terrorism
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in Accordance with the Charter of the United Nations and the
International Covenants on Human Rights,
Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the
United Nations, as well as the Declaration on Measures to Eliminate International Terrorism,
adopted by the General Assembly at its fiftieth and forty-ninth sessions, respectively,
Recalling also the United Nations Millennium Declaration adopted by the
General Assembly on 8 September 2000 at its fifty-fifth session,
Recalling further the Vienna Declaration and Programme of Action adopted in June 1993
by the World Conference on Human Rights (A/CONF.157/23),
Recalling all previous General Assembly resolutions on the issue of terrorism,
including resolutions 46/51 of 9 December 1991, 48/122 of 20 December 1993, 49/185
of 23 December 1994, 50/186 of 22 December 1995, 52/133 of 12 December 1997 and 56/160
of 19 December 2001, as well as its own resolutions 2000/30 of 20 April 2000, 2001/37
of 23 April 2001 and 2002/35 of 22 April 2002,

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Recalling also General Assembly resolutions 54/164 of 17 December 1999 and 54/110
of 9 December 1999, in which it decided that the Ad Hoc Committee established by Assembly
resolution 51/210 of 17 December 1996 should continue to elaborate a draft international
convention for the suppression of acts of nuclear terrorism with a view to completing the
instrument, should address means of further developing a comprehensive legal framework of
conventions dealing with international terrorism, including considering the elaboration of a
comprehensive convention on international terrorism, and should address the question of
convening a high-level conference under the auspices of the United Nations to formulate a joint
organized response of the international community to terrorism in all its forms and
manifestations,
Reaffirming the need for the implementation of General Assembly resolution 54/109
of 9 December 1999, in which the Assembly adopted the International Convention for the
Suppression of the Financing of Terrorism,
Noting the importance of General Assembly resolution 55/158 of 12 December 2000, in
which the Assembly stressed the need to strengthen further international cooperation between
States and between international organizations and agencies, regional organizations and
arrangements and the United Nations in order to prevent, combat and eliminate terrorism in all
its forms and manifestations, wherever and by whomever committed, in accordance with the
principles of the Charter of the United Nations, international law and relevant international
conventions,
Noting with great concern the growing connection between terrorist groups and other
criminal organizations engaged in the illegal traffic in arms and drugs at the national and
international levels, as well as the consequent commission of serious crimes, such as murder,
extortion, kidnapping, assault, the taking of hostages and robbery,
Alarmed in particular at the possibility that the terrorist groups may exploit new
technologies to facilitate acts of terrorism which may cause massive damage, including huge loss
of human life,
Mindful that the Security Council adopted resolution 1373 (2001) of 28 September 2001,
requiring States to adopt counter-terrorism measures, and resolution 1377 (2001) of
12 November 2001, by which it adopted a declaration on the global effort to combat terrorism,

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Convinced that terrorism, in all its forms and manifestations, wherever and by whomever
committed, can never be justified in any instance, including as a means to promote and protect
human rights,
Bearing in mind that the most essential and basic human right is the right to life,
Bearing in mind also that terrorism in all its forms and manifestations creates an
environment that destroys the ideal of free human beings enjoying freedom from fear and want,
and makes it difficult for States to promote and protect human rights and fundamental freedoms,
Bearing in mind further that terrorism in many cases poses a severe challenge to
democracy, civil society and the rule of law,
Recalling in this regard the horrific events of 11 September 2001 in the United States of
America, which led to the loss of the lives of several thousand civilians,
Reiterating that all States have an obligation to promote and protect all human rights and
fundamental freedoms and to ensure effective implementation of their obligations under
international humanitarian law,
Profoundly deploring the large number of civilians killed, massacred and maimed by
terrorists in indiscriminate and random acts of violence and terror, which cannot be justified
under any circumstances,
Emphasizing the need to intensify the fight against terrorism in all its forms and
manifestations at the national level and to enhance effective international cooperation in
combating terrorism in conformity with international law, including relevant State obligations
under international human rights and international humanitarian law, and to strengthen the role
of the United Nations in this respect,
Recognizing the need to improve international cooperation on criminal matters and
national measures so as to address impunity, which can contribute to the continued occurrence of
terrorism,
Emphasizing that States shall deny safe haven to those who finance, plan, support or
commit terrorist acts, or provide safe havens,
Reaffirming that all measures to counter terrorism must be in strict conformity with
international law, including international human rights standards and obligations,

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Seriously concerned at the gross violations of human rights perpetrated by terrorist
groups,
Stressing the growing consciousness of the international community of the negative
effects of terrorism in all its forms and manifestations on the full enjoyment of human rights and
fundamental freedoms and on the establishment of the rule of law and democratic freedoms as
enshrined in the Charter of the United Nations and the International Covenants on Human
Rights,
Noting the initiatives introduced since the previous session of the Commission on Human
Rights and at the General Assembly on the question of human rights and terrorism,
Noting also the final document of the XIII Conference of the Heads of State and
Government of the Non-Aligned Movement, held in Kuala Lumpur on 24 and 25 February 2003,
1. Reiterates its unequivocal condemnation of all acts, methods and practices of
terrorism, regardless of their motivation, in all their forms and manifestations, wherever,
whenever and by whomever committed, as acts aimed at the destruction of human rights,
fundamental freedoms and democracy, threatening the territorial integrity and security of States,
destabilizing legitimately constituted Governments, undermining pluralistic civil society and the
rule of law and having adverse consequences for the economic and social development of the
State;
2. Strongly condemns the violations of the right to life, liberty and security;
3. Expresses its solidarity with the victims of terrorism;
4. Condemns incitement of ethnic hatred, violence and terrorism;
5. Urges States to fulfil their obligations under the Charter of the United Nations in
strict conformity with international law, including human rights standards and obligations and
international humanitarian law, to prevent, combat and eliminate terrorism in all its forms and
manifestations, wherever, whenever and by whomever committed, and calls upon States to
strengthen, where appropriate, their legislation to combat terrorism in all its forms and
manifestations;
6. Strongly condemns all terrorist acts on individual property, national monuments
and historical relics;

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7. Urges States to enhance cooperation at the regional and international levels in the
fight against terrorism in all its forms and manifestations, in accordance with relevant
international obligations under human rights instruments and international humanitarian law,
with the aim of eliminating terrorism in all its forms and manifestations, and to further
strengthen cooperation with a view to bringing terrorists to justice;
8. Calls upon States to take appropriate measures in conformity with the relevant
provisions of national and international law, including international human rights standards,
before granting refugee status, with the purpose of ensuring that the asylum-seeker has not
planned, facilitated or participated in the commission of terrorist acts, and to ensure, in
conformity with international law, that refugee status is not abused by the perpetrators,
organizers or facilitators of terrorist acts and that claims of political motivation are not
recognized as grounds for refusing requests for the extradition of alleged terrorists;
9. Urges all relevant human rights mechanisms and procedures, as appropriate, to
address the consequences of the acts, methods and practices of terrorist groups in their
forthcoming reports to the Commission;
10. Invites the Office of the United Nations High Commissioner for Human Rights to
respond to requests from interested Governments for assistance and advice on ensuring full
compliance with international human rights standards and obligations when undertaking
measures to combat terrorism;
11. Welcomes the report of the Secretary General (A/56/190), and invites him to
continue to seek the views of Member States on the implications of terrorism in all its forms and
manifestations for the full enjoyment of all human rights and fundamental freedoms and on how
the needs and concerns of victims of terrorism might be addressed, including through the
possible establishment of a voluntary fund for the victims of terrorism, as well as on ways and
means to rehabilitate the victims of terrorism and to reintegrate them into society, with a view to
incorporating his findings in his reports to the Commission and the General Assembly;
12. Endorses decision 2002/24 of 14 August 2002 of the Sub-Commission on the
Promotion and Protection of Human Rights requesting the Secretary-General to give the Special
Rapporteur on terrorism and human rights of the Sub-Commission all the assistance necessary in
order to hold consultations with the competent services and bodies of the United Nations system,

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in particular those located in New York and Vienna, to complement and expand her essential
research and to collect all the needed and up-to-date information and data for the preparation of
her additional progress report;
13. Requests the Special Rapporteur to give attention in her next report on human
rights and terrorism to the questions raised in the present resolution;
14. Decides to remain seized of the matter at its sixtieth session.
58th meeting
23 April 2003
[Adopted by a recorded vote of 30 votes to 12,
with 11 abstentions. See chap. XI.]
2003/38. Question of enforced or involuntary disappearances
The Commission on Human Rights,
Recalling its resolution 20 (XXXVI) of 29 February 1980, in which it decided to
establish a working group consisting of five of its members, to serve as experts in their
individual capacity, to examine questions relevant to enforced or involuntary disappearances, its
resolution 1995/75 of 8 March 1995 on cooperation with representatives of United Nations
human rights organs, and its resolutions 2001/46 of 23 April 2001 and 2002/41 of 23 April 2002,
Recalling also General Assembly resolution 47/133 of 18 December 1992, by which
the Assembly adopted the Declaration on the Protection of All Persons from Enforced
Disappearance as a body of principles for all States, and Assembly resolution 57/215
of 18 December 2002,
Recalling further Economic and Social Council decision 2001/221 of 4 June 2001 in
which the Council endorsed the decision of the Commission to establish an intersessional
open-ended working group of the Commission, with the mandate to elaborate a draft legally
binding normative instrument for the protection of all persons from enforced disappearance,
Deeply concerned in particular by the increase in enforced or involuntary disappearances
in various regions of the world, including arrest, detention and abduction, when these are part of
or amount to enforced disappearances, and by the growing number of reports concerning
harassment, ill-treatment and intimidation of witnesses of disappearances or relatives of persons
who have disappeared,

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Emphasizing that impunity is simultaneously one of the underlying causes of enforced
disappearances and one of the major obstacles to the elucidation of cases thereof and that there is
a need for effective measures to combat the problem of impunity,
Acknowledging the fact that acts of enforced disappearance are crimes against humanity,
as defined in the Rome Statute of the International Criminal Court (A/CONF.183/9),
1. Takes note of the report submitted by the Working Group on Enforced or
Involuntary Disappearances (E/CN.4/2003/70) pursuant to Commission resolution 2002/41;
2. Stresses the importance of the work of the Working Group and encourages it in
the execution of its mandate:
(a) To continue to promote communication between families of disappeared persons
and the Governments concerned with a view to ensuring that sufficiently documented and clearly
identified individual cases are investigated and to ascertain whether such information falls under
its mandate and contains the required elements;
(b) To continue to observe, in its humanitarian task, United Nations standards and
practices regarding the handling of communications and the consideration of government replies;
(c) To continue to consider the question of impunity in the light of the relevant
provisions of the Declaration on the Protection of All Persons from Enforced Disappearance and
of the final reports submitted by the Special Rapporteur appointed by the Sub-Commission on
the Promotion and Protection of Human Rights;
(d) To continue to pay particular attention to cases of children subjected to enforced
disappearance and children of disappeared persons and to cooperate closely with the
Governments concerned in searching for and identifying these children;
(e) To pay particular attention to cases transmitted to it that refer to ill-treatment,
serious threatening or intimidation of witnesses of enforced or involuntary disappearances or
relatives of disappeared persons;
(f) To pay particular attention to cases of disappearance of persons working for the
promotion and protection of human rights and fundamental freedoms, wherever they occur, and
to make appropriate recommendations for preventing such disappearances and improving the
protection of such persons;

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(g) To continue to apply a gender perspective in its reporting process, including in
information collection and the formulation of recommendations;
(h) To provide appropriate assistance in the implementation by States of the
Declaration and of the existing international rules;
(i) To continue its deliberations on its working methods and to include these aspects
in its report to the Commission at its sixtieth session;
3. Deplores the fact that some Governments have never provided substantive
replies concerning the cases of enforced disappearance in their countries or acted on the
recommendations concerning them made in the reports of the Working Group;
4. Urges the Governments concerned:
(a) To cooperate with the Working Group and help it to carry out its mandate
effectively, in particular by inviting it freely to visit their countries;
(b) To intensify their cooperation with the Working Group on any action taken
pursuant to recommendations addressed to them by the Working Group;
(c) To take steps to protect witnesses of enforced or involuntary disappearances and
the lawyers and families of disappeared persons against any intimidation or ill-treatment to
which they might be subjected;
(d) That have long had many unresolved cases of disappearances, to continue their
efforts to shed light on the fate of the individuals concerned and to set appropriate settlement
machinery in train with the families of those individuals;
(e) To make provision in their legal systems for machinery for victims of enforced or
involuntary disappearances or their families to seek fair and adequate reparation;
5. Reminds Governments:
(a) That, as proclaimed in article 2 of the Declaration on the Protection of All Persons
from Enforced Disappearance, no State shall practise, permit or tolerate enforced
disappearances;
(b) That all acts of enforced or involuntary disappearance are crimes punishable by
appropriate penalties which should take due account of their extreme seriousness under
penal law;

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(c) That they should ensure that their competent authorities proceed immediately to
conduct impartial inquiries in all circumstances where there is reason to believe that an enforced
disappearance has occurred in territory under their jurisdiction;
(d) That, if such belief is borne out, all the perpetrators of enforced or involuntary
disappearances must be prosecuted;
(e) That impunity is simultaneously one of the underlying causes of enforced
disappearance and one of the major obstacles to the elucidation of cases thereof;
(f) That, as proclaimed in article 11 of the Declaration on the Protection of All
Persons from Enforced Disappearance, all persons deprived of liberty must be released in a
manner permitting reliable verification that they have actually been released and, further, have
been released in conditions in which their physical integrity and ability to exercise their rights
are assured;
6. Expresses:
(a) Its thanks to the many Governments that have cooperated with the Working
Group and replied to its requests for information and to the Governments that have invited the
Working Group to visit their countries, asks them to give all necessary attention to the Working
Group’s recommendations and invites them to inform the Working Group of any action they take
on those recommendations;
(b) Its appreciation to the Governments that are investigating, have developed or are
developing appropriate mechanisms to investigate any cases of enforced disappearance which
are brought to their attention, and encourages all the Governments concerned to expand their
efforts in this area;
7. Invites States to take legislative, administrative, legal and other steps, including
when a state of emergency has been declared, to take action at the national and regional levels
and in cooperation with the United Nations, if appropriate through technical assistance, and to
provide the Working Group with concrete information on the measures taken and the obstacles
encountered in preventing enforced or involuntary disappearances and in giving effect to the
principles set forth in the Declaration;
8. Takes note of the assistance provided to the Working Group by non-governmental
organizations and their activities in support of the implementation of the Declaration and invites
those organizations to continue their cooperation;

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9. Acknowledges with great concern the difficulties encountered by the Working
Group in the accomplishment of its mandate and requests the Secretary-General:
(a) To ensure that the Working Group receives all the assistance and resources it
requires to perform its function, including supporting the principles of the Declaration, carrying
out and following up on missions and holding sessions in countries that are prepared to
receive it;
(b) To provide the resources needed to update the database on cases of enforced
disappearance;
(c) To keep the Working Group and the Commission regularly informed of the steps
taken for the wide dissemination and promotion of the Declaration;
10. Requests the Working Group to report on its activities to the Commission at its
sixtieth session;
11. Takes note of the presentation by the independent expert charged with examining
the existing international criminal and human rights framework for the protection of persons
from enforced or involuntary disappearances of his report (E/CN.4/2002/71) to the intersessional
working group with the mandate to elaborate a draft legally binding normative instrument for the
protection of all persons from enforced disappearance, in accordance with Commission on
Human Rights resolutions 2001/46 and 2002/41, as well as the contribution of the
Chairman-Rapporteur of the working group on the administration of justice of the
Sub-Commission on the Promotion and Protection of Human Rights to the work of the
intersessional working group in his capacity as Rapporteur of the draft international convention
on the protection of all persons from enforced disappearance (E/CN.4/Sub.2/1998/19, annex)
transmitted by the Sub-Commission in its resolution 1998/25 of 26 August 1998;
12. Also takes note of the report of the intersessional open-ended working group of
the Commission with the mandate to elaborate a draft legally binding normative instrument for
the protection of all persons from enforced disappearance (E/CN.4/2003/71) and welcomes the
substantial progress made during the first session of the working group and, in that context,
welcomes the participation of non-governmental organizations;
13. Requests the intersessional open-ended working group to meet for a period
of 10 working days before the sixtieth session of the Commission in order to continue its work,
in accordance with Commission on Human Rights resolutions 2001/46 and 2002/41, and to
report to the Commission at its sixtieth session;

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14. Requests the Chairperson-Rapporteur of the intersessional open-ended working
group to undertake informal consultations with all interested parties in order to prepare the next
session of the working group;
15. Requests the United Nations High Commissioner for Human Rights to invite the
experts mentioned in paragraph 11 above to participate in the activities of the working group;
16. Decides to consider this matter at its sixtieth session under the same agenda item.
58th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]
2003/39. Integrity of the judicial system
The Commission on Human Rights,
Guided by articles 5, 7, 8, 10 and 11 of the Universal Declaration of Human Rights and
articles 2, 4, 6, 7, 10, 14, 15 and 26 of the International Covenant on Civil and Political Rights,
and bearing in mind the Vienna Declaration and Programme of Action,
Recalling other important documents on the issue of the integrity of the judiciary
endorsed by various forums of the United Nations, in particular the Basic Principles on the
Independence of the Judiciary, the Basic Principles on the Role of Lawyers, the Guidelines on
the Role of Prosecutors, the Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, the Standard Minimum Rules for the Treatment of Prisoners, the Basic
Principles for the Treatment of Prisoners, the Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment and the Safeguards Guaranteeing
Protection of the Rights of Those Facing the Death Penalty,
Recalling also its resolution 2002/37 of 22 April 2003 on the subject,
Convinced that the integrity of the judicial system is an essential prerequisite for the
protection of human rights and for ensuring that there is no discrimination in the administration
of justice,
Stressing that the integrity of the judicial system should be observed at all times,
1. Reiterates that every person is entitled, in full equality, to a fair and public
hearing by an independent and impartial tribunal, in the determination of his/her rights and
obligations and of any criminal charge against him/her;

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2. Also reiterates that everyone has the right to be tried by ordinary courts or
tribunals using established legal procedures and that tribunals that do not use such duly
established procedures of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals;
3. Further reiterates that everyone shall be entitled to a fair and public hearing by a
competent, independent and impartial tribunal established by law;
4. Stresses the importance that everyone charged with a penal offence has the right
to be presumed innocent until proved guilty according to law in a public trial at which he/she has
had all the guarantees necessary for the defence;
5. Urges States to guarantee that all persons brought to trial before courts or
tribunals under their authority have the right to be tried in their presence and to defend
themselves in person or through legal assistance of their own choosing;
6. Underlines that any court trying a person charged with a criminal offence should
be based on the principles of independence and impartiality;
7. Calls upon States to ensure the principle of equality before the courts and before
the law are respected within their judicial systems, inter alia by providing to those being tried the
possibility to examine, or to have examined, the witnesses against them and to obtain the
attendance and examination of witnesses on their behalf under the same conditions as witnesses
against them;
8. Reaffirms that every convicted person should have the right to have his/her
conviction and sentence reviewed by a tribunal according to law;
9. Calls upon States that have military courts for trying criminal offenders to ensure
that such courts are an integral part of the general judicial system and use the duly established
legal proceedings;
10. Stresses the importance of developing cooperation between the national judicial
systems, inter alia with a view to strengthening the protection of persons deprived of their
liberty;
11. Takes note of the report of the Special Rapporteur on the independence of judges
and lawyers (E/CN.4/2003/65 and Add.1-4) as well as of the report on the issue of the
administration of justice through military tribunals (E/CN.4/Sub.2/2002/4) submitted by
Mr. Louis Joinet to the Sub-Commission on the Promotion and Protection of Human Rights at its
fifty-fourth session;

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12. Also takes note of the efforts of the Special Rapporteur on the independence of
judges and lawyers to make use of resolution 2002/37 in his communications with States;
13. Requests the Special Rapporteur to take full account of the present resolution in
the discharge of his mandate and in his report to the sixtieth session of the Commission.
58th meeting
23 April 2003
[Adopted by a recorded vote of 31 votes to 1,
with 21 abstentions. See chap. XI.]
2003/40. Hostage-taking
The Commission on Human Rights,
Recalling the Universal Declaration of Human Rights, which guarantees the right to life,
liberty and security of person, freedom from torture or degrading treatment, freedom of
movement and protection from arbitrary detention,
Recalling also the Vienna Declaration and Programme of Action adopted in June 1993 by
the World Conference on Human Rights (A/CONF.157/23),
Taking into account the International Convention against the Taking of Hostages,
adopted by the General Assembly in its resolution 34/146 of 17 December 1979, which also
recognizes that everyone has the right to life, liberty and security of person and that the taking of
hostages is an offence of grave concern to the international community, as well as the
Convention on the Prevention and Punishment of Crimes against Internationally Protected
Persons, including Diplomatic Agents, adopted by the General Assembly in its
resolution 3166 (XXVIII) of 14 December 1973,
Bearing in mind the relevant Security Council resolutions condemning all acts
of terrorism, including those of hostage-taking, in particular, resolution 1440 (2002)
of 24 October 2002,
Mindful of the fact that hostage-taking constitutes a war crime under the Rome Statute
of the International Criminal Court and is also a grave breach of the Geneva Conventions of
12 August 1949,
Recalling its previous resolutions on the subject, including its most recent resolution,
2001/38 of 23 April 2001, in which it condemned the taking of any person as a hostage, as well
as General Assembly resolution 57/220 of 18 December 2002 on the same subject,

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Concerned that, despite the efforts of the international community, acts of hostage taking
in different forms and manifestations, inter alia those committed by terrorists and armed groups,
continue to take place and have even increased in many regions of the world,
Appealing for the humanitarian action of humanitarian organizations, in particular of the
International Committee of the Red Cross and its delegates, to be respected, in accordance with
the Geneva Conventions of 12 August 1949 and the Additional Protocols of 1977 thereto,
Recognizing that hostage-taking calls for resolute, firm and concerted efforts on the part
of the international community in order, in strict conformity with international human rights
standards, to bring such abhorrent practices to an end,
1. Reaffirms that hostage-taking, wherever and by whomever committed, is a serious
crime aimed at the destruction of human rights and is, under any circumstances, unjustifiable,
including as a means to promote and protect human rights;
2. Condemns all acts of hostage-taking anywhere in the world;
3. Demands that all hostages be released immediately and without any
preconditions, and expresses its solidarity with the victims of hostage-taking;
4. Calls upon States to take all necessary measures, in accordance with relevant
provisions of international law and international human rights standards, to prevent, combat and
punish acts of hostage-taking, including by strengthening international cooperation in this field;
5. Urges all thematic special rapporteurs and working groups to continue to address,
as appropriate, the consequences of hostage-taking in their forthcoming reports to the
Commission;
6. Decides to remain seized of this matter.
58th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]
2003/41. The incompatibility between democracy and racism
The Commission on Human Rights,
Guided by the Universal Declaration of Human Rights, the Charter of the United Nations,
the International Covenants on Human Rights and the International Convention on the
Elimination of All Forms of Racial Discrimination,

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Recalling the commitment reached in the Vienna Declaration and Programme of Action
adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23) concerning
the elimination of racism, racial discrimination, xenophobia and related intolerance,
Recalling also its resolutions 2000/40 of 20 April 2000, 2001/43 of 23 April 2001
and 2002/39 of 23 April 2002,
Taking note of 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),
Mindful of the responsibility of Governments to ensure such equality as is established in
the relevant international and regional human rights instruments, inter alia the Universal
Declaration of Human Rights, the International Covenants on Human Rights and the
International Convention on the Elimination of All Forms of Racial Discrimination,
Reaffirming that acts of racial violence and discrimination do not constitute legitimate
expressions of opinion, but rather are offences,
Remaining alarmed by the rise of racism, racial discrimination, xenophobia and related
intolerance in political circles, in the sphere of public opinion and in society at large,
Recognizing the fundamental role of education and other active policies in the promotion
of tolerance and respect for others and in the construction of pluralistic and inclusive societies,
1. Remains convinced that political platforms and organizations based on racism,
xenophobia or doctrines of racial superiority and related discrimination must be condemned as
incompatible with democracy and transparent and accountable governance;
2. Condemns legislation and practices based on racism, racial discrimination,
xenophobia and related intolerance as incompatible with democracy and transparent and
accountable governance;
3. Reaffirms that racism, racial discrimination, xenophobia and related intolerance
condoned by governmental policies violate human rights and may endanger friendly relations
among peoples, cooperation among nations, international peace and security and the harmony of
persons living side by side within one and the same State;
4. Also reaffirms that any form of impunity condoned by public authorities for
crimes motivated by racist and xenophobic attitudes plays a role in weakening the rule of law
and democracy and tends to encourage the recurrence of such acts;

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5. Condemns the persistence and resurgence of neo-Nazism, neo-fascism and violent
nationalist ideologies based on racial or national prejudice, and states that these phenomena can
never be justified in any instance or in any circumstances;
6. Urges States to reinforce their commitment to promote tolerance and human
rights and to fight against racism, racial discrimination, xenophobia and related intolerance as a
way to strengthen democracy, the rule of law and transparent and accountable governance, and
in that regard recommends measures such as introducing or reinforcing human rights education
in schools and in institutions of higher education;
7. Underlines the key role that political leaders and political parties can and ought to
play in strengthening democracy by combating racism, racial discrimination, xenophobia and
related intolerance and encourages political parties to take concrete steps to promote solidarity,
tolerance and respect;
8. Invites the mechanisms of the Commission and the treaty bodies to continue to
pay particular attention to violations of human rights stemming from the rise of racism and
xenophobia in political circles and society at large, especially as regards their incompatibility
with democracy;
9. Takes note of the report of the United Nations High Commissioner for
Human Rights (E/CN.4/2003/62 and Add.1);
10. Also takes note of the outcome of the expert seminar held by the Office of the
High Commissioner for Human Rights in Geneva in November 2002 on the interdependence
between democracy and human rights, as contained in document E/CN.4/2003/59;
11. Invites the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance to update and expand the study on the issue
of political platforms which promote or incite racial discrimination (A/CONF.189/PC.2/21 and
Corr.1 and 2) and to submit it to the Commission at its sixtieth session;
12. Decides to continue consideration of the matter at its sixtieth session under the
same agenda item.
58th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]

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2003/42. The right to freedom of opinion and expression
The Commission on Human Rights,
Guided by the Universal Declaration of Human Rights, which affirms the right to
freedom of opinion and expression and mindful of the International Covenant on Civil and
Political Rights, which reaffirms, in article 19, the right of everyone to hold opinions without
interference, as well as the right to freedom of expression, including the freedom to seek, receive
and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or
in print, in the form of art or through any other media of their choice and noting that these rights
and freedoms are among those which give meaning to the right to participate effectively in a free
and democratic society,
Considering that the effective promotion and protection of the human rights of persons
who exercise the right to freedom of opinion and expression are of fundamental importance to
the safeguarding of human dignity,
Noting that restrictions on the exercise of the right to freedom of opinion and expression
could indicate a deterioration in the protection, respect for and enjoyment of other human rights
and freedoms, bearing in mind that all human rights are universal, indivisible and interdependent
and interrelated,
Mindful of the need to ensure that unjustified invocation of national security, including
counter-terrorism, to restrict the right to freedom of expression and information does not take
place,
Recalling the Johannesburg Principles on National Security, Freedom of Expression and
Access to Information adopted by a group of experts meeting in South Africa on 1 October 1995
(E/CN.4/1996/39, annex), as well as the Principles on Freedom of Information Legislation (The
Public’s Right to Know) (E/CN.4/2000/63, annex II),
Reaffirming the need to raise awareness about all aspects of the interrelationship between
the use and availability of new media of communication, including modern telecommunications
technology, and the right to freedom of expression and information, and noting the efforts made
in this regard in a number of international and regional forums, and mindful of provisions of
relevant instruments,

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Reaffirming the important role of women in the prevention and resolution of conflicts and
in peace-building, stressing the importance of their equal participation and full involvement in all
efforts for the maintenance and promotion of peace and security, and recognizing that their
contributions to these efforts are often constrained by the lack of full and effective enjoyment of
their right to freedom of expression,
1. Reaffirms the rights contained in the International Covenant on Civil and Political
Rights;
2. Takes note of the report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression (E/CN.4/2003/67 and Add.1 and 2)
and welcomes in particular his ongoing and increasing cooperation with other mechanisms and
with other organizations, and his efforts to promote respect for the right to freedom of opinion
and expression;
3. Expresses its continuing concern at:
(a) The extensive occurrence of detention, extrajudicial killing, torture, intimidation,
persecution and harassment, abuse of legal provisions on defamation and criminal libel as well as
on surveillance, search and seizure, and censorship, threats and acts of violence and of
discrimination, often undertaken with impunity, against persons, including professionals in the
field of information, who exercise the right to freedom of opinion and expression, including the
right to seek, receive and impart information, and the intrinsically linked rights to freedom of
thought, conscience and religion, peaceful assembly and association and the right to take part in
the conduct of public affairs, as well as at persons who seek to promote or defend these rights
and freedoms, including legal professionals and human rights defenders;
(b) The number of cases in which the violations referred to in paragraph 3 (a) are
facilitated and aggravated by several factors such as abuse of states of emergency, exercise of the
powers specific to states of emergency without formal declaration and too vague a definition of
offences against State security;
(c) Killings of and attacks particularly directed against journalists in situations of
armed conflict, as well as other threats and acts of violence, including terrorist acts, directed
against media professionals;
(d) The lack of full and effective enjoyment of the right to freedom of expression by
women, which contributes to inadequate action by Governments in the integration of the human
rights of women into the mainstream of their human rights activities;

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(e) High rates of illiteracy continuing to exist in the world, especially among women,
and reaffirms that education is an integral component of the full and effective participation of
persons in a free and democratic society, in particular for the full enjoyment of the right to
freedom of opinion and expression;
4. Calls upon States:
(a) To ensure respect and support for the rights referred to in paragraph 3 (a), to put
an end to the violations referred to in the same paragraph and to bring to justice those
responsible;
(b) Where any persons have been detained and subjected to violence or threats of
violence or to harassment, including persecution and intimidation, even after their release from
detention, for exercising the rights referred to in paragraph 3 (a), to take the appropriate steps to
ensure the immediate cessation of these acts and to create conditions under which these acts may
be less liable to occur, including by ensuring that relevant national legislation complies with their
international human rights obligations and is effectively implemented;
5. Stresses the importance of a diversity of sources of information, including mass
media, at all levels, and the importance of the free flow of information, as a way to promote full
enjoyment of the right to freedom of opinion and expression, and encourages the facilitation of
access to the Internet, as well as international cooperation aimed at the development of media
and information and communication facilities in all countries;
6. Urges all States:
(a) To respect freedom of expression in the media and broadcasting, and in particular,
to respect the editorial independence of the media, and to encourage a diversity of ownership of
media and of sources of information, including through transparent licensing systems and
effective regulations on undue concentration of ownership of the media in the private sector;
(b) To create and permit an enabling environment in which training and professional
development of the media can be organized in order to promote and protect the right to freedom
of opinion and expression and can be carried out without threat of legal, criminal or
administrative sanction by the State;
(c) To refrain from the use of imprisonment or the imposition of fines for offences
relating to the media which are disproportionate to the gravity of the offence and which violate
international human rights law;

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(d) To take all measures to investigate all threats and acts of violence, including
terrorist acts, against journalists, including in situations of armed conflict, and bring to justice
perpetrators of such acts;
(e) To refrain from using counter-terrorism as a pretext to restrict the right to freedom
of expression in ways which are contrary to their obligations under international law;
7. Calls upon all States to respect all human rights and fundamental freedoms and
calls on all parties to armed conflict to respect international humanitarian law, including their
obligations under the Geneva Conventions of 12 August 1949 and the two Additional Protocols
thereto of 8 June 1977, whose provisions extend protection to journalists in situations of armed
conflict;
8. Recalls that the International Covenant on Civil and Political Rights states that the
exercise of the right to freedom of expression carries with it special duties and responsibilities
and may therefore be subject to certain restrictions as set out in article 19 of the Covenant, and
encourages States to review their procedures and legislation to ensure that any limitations on the
right to freedom of expression are only such as are provided by law and are necessary for the
respect of the rights and reputations of others, or for the protection of national security or of
public order (ordre public) or of public health or morals;
9. Calls upon States to refrain from imposing restrictions which are not consistent
with the provisions of article 19, paragraph 3, of the International Covenant on Civil and
Political Rights, including on:
(a) Discussion of government policies and political debate, reporting on human
rights, government activities and corruption in government, engaging in peaceful demonstrations
or political activities, including for peace and democracy, or expression of opinion and dissent,
religion or belief;
(b) The free flow of information and ideas, including practices such as the
unjustifiable banning or closing of publications or other media and the abuse of administrative
measures and censorship;
(c) Access to or use of modern telecommunications technologies, including radio,
television and the Internet;
(d) Journalists in situations of armed conflict;

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10. Urges Governments to implement effective measures to eliminate the atmosphere
of fear which often prevents women who have been victims or who are living in fear of violence,
either in domestic or community settings or as a result of armed conflict, from communicating
freely on their own behalf or through intermediaries and to facilitate the effective participation of
women at decision-making levels in national, regional and international institutions, including in
mechanisms for the prevention, management and resolution of conflicts;
11. Recognizes the positive contribution that the exercise of the right to freedom of
expression, particularly by the media, and new technologies, including the Internet, and full
respect for the freedom to seek, receive and impart information, can make to the fight against
racism, racial discrimination, xenophobia and related intolerance, but expresses regret about the
promotion by certain media of false images and negative stereotypes of vulnerable individuals or
groups of individuals, and about the use of new information technologies such as the Internet for
purposes contrary to respect for human values;
12. Appeals to all States to ensure that persons seeking to exercise these rights and
freedoms are not discriminated against, particularly in such areas as employment, housing, social
services, and education, and in this context to pay particular attention to the situation of women;
13. Expresses its appreciation to States which submitted to the Special Rapporteur
comments on their programmes and policies with respect to access to information for the
purposes of education on and prevention of human immunodeficiency virus (HIV) infection, and
notes with interest the compilation of best practices prepared by the Special Rapporteur;
14. Stressing that the effective exercise of the right to freedom of opinion and
expression, including the right to seek, receive and impart information, is of the utmost
importance for ensuring effective education and information campaigns to prevent HIV/AIDS,
urges Governments to adopt and implement policies and programmes to promote awareness of
and disseminate information and education on prevention and treatment of HIV/AIDS, through
all appropriate means, including the media, and targeting specific vulnerable groups;
15. Invites once again the working groups, representatives and special rapporteurs of
the Commission to pay attention, within the framework of their mandates, to the situation of
persons detained, subjected to violence, ill-treated, intimidated or discriminated against for
having exercised the right to freedom of opinion and expression;

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16. Appeals to all States to cooperate fully with and assist the Special Rapporteur in
the performance of his tasks and to provide all information necessary in order to permit him fully
to carry out his mandate, including giving serious consideration to requests from the Special
Rapporteur for in-country visits, to follow up communications received and to consider
implementing relevant recommendations of the Special Rapporteur;
17. Invites the Special Rapporteur, within the framework of his mandate:
(a) To draw the attention of the United Nations High Commissioner for Human
Rights to those situations and cases regarding the right to freedom of opinion and expression
which are of particularly serious concern, and encourages the High Commissioner, within his
mandate, to take into account reports in this regard in the context of his activities to promote and
protect human rights with a view to preventing the occurrence and recurrence of human rights
violations;
(b) In cooperation with the Special Rapporteur on violence against women, its causes
and consequences, to continue to pay particular attention to the situation of women and the
relationship between the effective promotion and protection of the right to freedom of opinion
and expression and incidents of discrimination based on sex, creating obstacles for women with
regard to their right to seek, receive and impart information, to consider how these obstacles
impede the ability of women to make informed choices in areas of particular importance to them,
as well as in areas related to the general decision-making processes in the societies in which they
live and to consider joint reports with the Special Rapporteur on violence against women;
(c) With a view to promoting greater efficiency and effectiveness, as well as
enhancing his access to the information necessary for him to fulfil his duties, to continue his
efforts to cooperate with other special rapporteurs, special representatives, independent experts,
working groups, other United Nations mechanisms and procedures in the field of human rights,
specialized agencies, including the United Nations Educational, Scientific and Cultural
Organization, and regional intergovernmental organizations and their mechanisms and further to
develop and extend his network of relevant non-governmental organizations, particularly at the
local level, with a view to ensuring that he has the full benefit of all pertinent information from
such non-governmental organizations;
(d) To consider approaches taken to access to information with a view to sharing best
practices;

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(e) To continue to provide his views, when appropriate, on the advantages and
challenges of new information and communication technologies, including the Internet, for the
exercise of the right to freedom of opinion and expression, including the right to seek, receive
and impart information and the relevance of a wide diversity of sources, as well as access to the
information society for all;
(f) To continue to seek the views and comments of the Governments and others
concerned in the elaboration of his report, as well as to continue to carry out his work with
discretion and independence;
(g) To seek to participate in the World Summit on the Information Society to provide
information and expertise on matters relating to the right to freedom of opinion and expression;
18. Expresses once again its concern at the inadequate resources, both human and
material, provided to the Special Rapporteur and accordingly reiterates its request to the
Secretary-General to provide the assistance necessary to the Special Rapporteur to fulfil his
mandate effectively, in particular by placing adequate human and material resources at his
disposal, including for the translation and dissemination of his reports;
19. Requests the Special Rapporteur to submit to the Commission at its sixtieth
session a report covering activities relating to his mandate, including the issue of security and
protection of media professionals, and decides to continue its consideration of this question at
that session.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]
2003/43. Independence and impartiality of the judiciary, jurors
and assessors and the independence of lawyers
The Commission on Human Rights,
Guided by articles 7, 8, 10 and 11 of the Universal Declaration of Human Rights and
articles 2, 14 and 26 of the International Covenant on Civil and Political Rights, and bearing in
mind the Vienna Declaration and Programme of Action (A/CONF.157/23), in particular Part I,
paragraph 27, and Part II, paragraphs 88, 90 and 95, thereof,

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Convinced that an independent and impartial judiciary and an independent legal
profession are essential prerequisites for the protection of human rights and for ensuring that
there is no discrimination in the administration of justice,
Recalling its resolution 1994/41 of 4 March 1994, in which it requested the Chairman of
the Commission to appoint, for a period of three years, a special rapporteur on the independence
and impartiality of the judiciary, jurors and assessors and the independence of lawyers, and its
resolution 2000/42 of 20 April 2000, in which it decided to extend the mandate of the Special
Rapporteur for a further period of three years,
Recalling also its resolution 1995/36 of 3 March 1995, in which it endorsed the decision
of the Special Rapporteur to use, beginning in 1995, the short title “Special Rapporteur on the
independence of judges and lawyers”,
Recalling further General Assembly resolution 40/32 of 29 November 1985, as well as
Assembly resolution 40/146 of 13 December 1985, in which the Assembly endorsed the Basic
Principles on the Independence of the Judiciary, adopted by the Seventh United Nations
Congress on the Prevention of Crime and the Treatment of Offenders,
Recalling General Assembly resolution 45/166 of 18 December 1990, in which the
Assembly welcomed the Basic Principles on the Role of Lawyers and the Guidelines on the Role
of Prosecutors, adopted by the Eighth United Nations Congress on the Prevention of Crime and
the Treatment of Offenders, and invited Governments to respect them and to take them into
account within the framework of their national legislation and practice,
Noting the Bangalore Principles of Judicial Conduct (E/CN.4/2003/65, annex) adopted at
the Round Table Meeting of Chief Justices held in The Hague on 25 and 26 November 2002 and
bringing those principles to the attention of Member States, relevant United Nations organs and
intergovernmental and non-governmental organizations for their consideration,
Recalling the recommendations adopted by the Ninth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders regarding, among other things, the
invitation addressed to Member States to ensure the independence and impartiality of the
judiciary and the proper functioning of prosecutorial and legal services in the field of penal
justice and police affairs, taking into account the Basic Principles on the Independence of the
Judiciary,

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Recalling also the Statement of Principles on the Independence of the Judiciary adopted
in Beijing in August 1995 by the Sixth Conference of Chief Justices of Asia and the Pacific, and
the Cairo Declaration, adopted in November 1995 by the Third Conference of Francophone
Ministers of Justice,
Acknowledging the importance for the Special Rapporteur of being able to
cooperate closely, in the framework of his mandate, with the Office of the United Nations
High Commissioner for Human Rights in the field of advisory services and
technical cooperation, which could contribute to guaranteeing the independence of judges and
lawyers,
Recognizing the importance of the role of non-governmental organizations, bar
associations and professional associations of judges in the defence of the principles of the
independence of lawyers and judges,
Noting with concern the increasingly frequent attacks on their independence suffered by
judges, lawyers and court officers, and aware of the close link between the weakening of
safeguards for judges, lawyers and court officers and the frequency and gravity of violations of
human rights,
1. Takes note of the report of the Special Rapporteur on the independence of judges
and lawyers on the activities relating to his mandate (E/CN.4/2003/65 and Add.1-4);
2. Notes the Special Rapporteur’s concern that the situation of the independence of
the judiciary, which is the bedrock of the rule of law, remains delicate in many parts of the
world;
3. Also notes the cooperative working methods that the Special Rapporteur has
adopted to draw up his report and implement his mandate, as described in Commission
resolution 1994/41;
4. Welcomes the numerous exchanges the Special Rapporteur has had with several
intergovernmental and international organizations and United Nations bodies, and encourages
him to continue along this path;
5. Appreciates the efforts in the work accomplished by the outgoing
Special Rapporteur on the independence of judges and lawyers in carrying out his mandate;

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6. Notes with appreciation the determination of the Special Rapporteur to achieve as
wide dissemination as possible of information about existing standards relating to the
independence and impartiality of the judiciary and the independence of the legal profession
in conjunction with the publications and promotional activities of the Office of the
High Commissioner;
7. Invites the United Nations High Commissioner for Human Rights to continue to
provide technical assistance to train judges and lawyers;
8. Welcomes the completion of the training manual for judges and lawyers in the
context of the United Nations Decade for Human Rights Education;
9. Urges all Governments to assist the Special Rapporteur in the discharge of his
mandate and to transmit to him all the information requested;
10. Encourages Governments that face difficulties in guaranteeing the independence
of judges and lawyers, or that are determined to take measures to implement these principles
further, to consult and to consider the services of the Special Rapporteur, for instance by inviting
him to their country if the Government concerned deems it necessary;
11. Requests the Special Rapporteur to submit a report on the activities relating to his
mandate to the Commission at its sixtieth session and decides to consider this question at that
session;
12. Requests the Secretary-General, within the limits of the United Nations regular
budget, to provide the Special Rapporteur with any assistance needed for the discharge of his
mandate;
13. Decides to extend the mandate of the Special Rapporteur on the independence of
judges and lawyers for a further three years;
14. 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 2003/43 of 23 April 2003, endorses the Commission’s decision to extend the
mandate of the Special Rapporteur on the independence of judges and lawyers for a
further period of three years and its request to the Special Rapporteur to submit a report

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on the activities relating to the mandate to the Commission at its sixtieth session. The
Council also endorses the Commission’s request to the Secretary-General, within the
limits of the United Nations regular budget, to provide the Special Rapporteur with any
assistance needed for the discharge of the mandate.”
59th meeting
23 April 2003
[Adopted without a vote. See chap. XI.]
2003/44. Integrating the human rights of women throughout
the United Nations system
The Commission on Human Rights,
Reaffirming that the equal rights of women and men are enshrined in the Charter of the
United Nations, the Universal Declaration of Human Rights, the Convention on the Elimination
of All Forms of Discrimination against Women and other international human rights instruments,
Recalling all previous resolutions on this subject,
Recalling also the Vienna Declaration and Programme of Action adopted in June 1993 by
the World Conference on Human Rights (A/CONF.157/23) which affirms that the human rights
of women and of the girl child are an inalienable, integral and indivisible part of universal human
rights and calls for action to integrate the equal status and human rights of women into the
mainstream of United Nations activity system-wide,
Welcoming the increased integration of a gender perspective into the work of all entities
of the United Nations and the major United Nations conferences, special sessions and summits
and their follow-up processes, such as the special session of the General Assembly on human
immunodeficiency virus/acquired immunodeficiency syndrome, the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance and the World Summit on
Sustainable Development,
Welcoming the commitment of the Commission on the Status of Women at its
forty-seventh session to improving the situation of women, in particular by recognizing the
need to raise awareness of the responsibility and role of the media and information and
communications technologies in empowering women and in eliminating all forms of
discrimination against women,

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Recalling the United Nations Millennium Declaration, in particular its call for the
promotion of gender equality and the empowerment of women as effective ways to combat
poverty, hunger and disease and to stimulate development that is truly sustainable,
Acknowledging the need to integrate further a gender perspective into all aspects of the
work of the United Nations system, including the treaty bodies, the Commission on Human
Rights, the Sub-Commission on the Promotion and Protection of Human Rights and all other
subsidiary mechanisms,
Acknowledging the need for a comprehensive and integrated approach to the promotion
and protection of the human rights of women, which includes the integration of the human rights
of women into the mainstream of United Nations activities system-wide,
Bearing in mind that the Fourth World Conference on Women, held in Beijing in
September 1995, in its Platform for Action (A/CONF.177/20, chap. I, annex II), and the
General Assembly, in the outcome document of its twenty-third special session, entitled
“Women 2000: gender equality, development and peace for the twenty-first century”, called
upon all relevant organs, bodies and agencies of the United Nations system, all human rights
bodies of the United Nations system, as well as the United Nations High Commissioner for
Human Rights and the United Nations High Commissioner for Refugees, to give full, equal and
sustained attention to the human rights of women in the exercise of their respective mandates,
Reaffirming the need to implement fully international humanitarian and human rights law
in order to protect fully the human rights of women and girls,
Recalling the initiative of the Committee on Economic, Social and Cultural Rights to
develop a general comment on article 3 of the International Covenant on Economic, Social and
Cultural Rights regarding the equal right of women and men to the enjoyment of all economic,
social and cultural rights set forth in the Covenant,
Emphasizing the pivotal role of the Commission on the Status of Women in promoting
equality between women and men and welcoming its agreed conclusions over the years on the
human rights of women and on the other critical areas of concern of the Platform for Action,
Recalling the entry into force of the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women on 22 December 2000,
Welcoming General Assembly resolution 57/180 of 18 December 2002 on improvement
of the status of women in the United Nations system,

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Reaffirming the important role that women’s groups and non-governmental organizations
play in promoting and protecting the human rights of women,
1. Welcomes the report of the Secretary-General (E/CN.4/2003/72);
2. Emphasizes that the goal of mainstreaming a gender perspective is to achieve
gender equality and that this includes ensuring that all United Nations activities, including
United Nations conferences, special sessions and summits, integrate the human rights of women;
3. Recognizes the importance of examining the intersection of multiple forms of
discrimination, including their root causes, from a gender perspective, and their impact on the
advancement of women and the enjoyment by women of their human rights, in order to develop
and implement strategies, policies and programmes aimed at the elimination of all forms of
discrimination against women and to increase the role that women play in the design,
implementation and monitoring of gender-sensitive anti-discrimination policies;
4. Invites the Economic and Social Council to continue to give attention to the
implementation of its agreed conclusions 1997/2 on mainstreaming the gender perspective into
all policies and programmes of the United Nations system and 1998/2 related to the coordinated
follow-up and implementation of the Vienna Declaration and Programme of Action, in particular
Part II, section B.3 on the equal status and human rights of women, inter alia through the
conference reviews, in the promotion of an integrated and coordinated implementation of and
follow-up to major United Nations conferences and summits in the economic, social and related
fields;
5. Invites the Secretary-General to bring the present resolution to the attention of the
World Summit on the Information Society, to be held in Geneva in December 2003 and in Tunis
in 2005, in order to stress the need for integrating a gender perspective into the outcome of the
summit;
6. Recalls the decision of the Economic and Social Council, in its resolution 2001/41
of 26 July 2001, to include a regular sub-item on gender mainstreaming in its substantive session
and invites the Council to devote the coordination segment of its substantive session of 2004 to
the review and appraisal of the system-wide implementation of agreed conclusions 1997/2,
adopted by the Council on 18 July 1997, on mainstreaming a gender perspective into all policies
and programmes in the United Nations system;

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7. Encourages the continued commitment of the United Nations
High Commissioner for Human Rights to integrating the human rights of women throughout
the United Nations system, including through continued cooperation with the Special Adviser
on Gender Issues and Advancement of Women and the Division for the Advancement of
Women;
8. Also encourages the continued commitment of the High Commissioner to raise
awareness and promote the implementation of the Convention on the Elimination of All Forms
of Discrimination against Women, and welcomes his nomination of a Senior Adviser on gender
issues;
9. Welcomes the continued cooperation between the Commission on the Status of
Women and the Commission on Human Rights, including through joint bureau meetings and the
participation of the Chair of the Commission on the Status of Women in the work of the
Commission on Human Rights and, similarly, the participation of the Chair of the Commission
on Human Rights in the sessions of the Commission on the Status of Women, and encourages
the continuation of this reciprocal collaboration;
10. Also welcomes the cooperation and coordination between the Division for the
Advancement of Women and the Office of the United Nations High Commissioner for Human
Rights aimed at mainstreaming the human rights of women, including through their joint work
plan;
11. Further welcomes the report of the Secretary-General on the joint work plan for
the year 2003 of the Office of the Special Adviser on Gender Issues and Advancement of
Women, the Division for the Advancement of Women and the Office of the High Commissioner
(E/CN.4/2003/73-E/CN.6/2003/5), in particular the continued cooperation in the creation of a
multi-media training package on international human rights instruments, starting with the
Convention on the Elimination of All Forms of Discrimination against Women and its Optional
Protocol, and recalls the proposal to convene a meeting of national human rights institutions,
national machineries for the advancement of women and the Committee on the Elimination of
Discrimination against Women to discuss strategies to address the elimination of sex
discrimination;

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12. Encourages the Secretary-General to ensure implementation of the joint work
plan, to continue to elaborate this plan, reflecting all aspects of work under way and the lessons
learned, to identify obstacles/impediments and areas for further collaboration, and to make it
available to the Commission on Human Rights at its sixtieth session and to the Commission on
the Status of Women at its forty-eighth session;
13. Urges the relevant organs, bodies and agencies of the United Nations system,
including all human rights bodies, the Office of the High Commissioner for Human Rights and
the Office of the United Nations High Commissioner for Refugees, to bear in mind, in the
recruitment of staff, including for peacekeeping operations and humanitarian and human rights
missions, the need for expertise in the enjoyment by women and girls of human rights;
14. Emphasizes the need for further activities in the United Nations system to
strengthen expertise concerning the equal status and human rights of women through, inter alia,
the provision of training on the human rights of women and on gender mainstreaming, including
through gender impact analysis, to all United Nations personnel and officials at Headquarters
and in the field, especially in field operations;
15. Recognizes the importance of the participation of women at all levels of
decision-making, including at the higher levels within the United Nations system, for the
achievement of gender equality and the realization of the human rights of women, and in this
regard strongly encourages Member States to promote gender balance by, inter alia, regularly
nominating more women candidates for election to the human rights treaty bodies and for
appointment to United Nations bodies, including international courts and tribunals, the
specialized agencies and other organs, and calls upon all relevant actors to implement
General Assembly resolution 57/180 of 18 December 2002 on improvement of the status of
women in the United Nations system;
16. Encourages United Nations bodies and agencies to increase cooperation with
other organizations in developing activities to address, within their respective mandates,
violations of the human rights of women and to promote the full enjoyment of all human rights
and fundamental freedoms by women;

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17. Encourages the Special Rapporteur on violence against women, its causes and
consequences, with a view to promoting greater efficiency and effectiveness, as well as
enhancing her access to the information necessary to fulfil her duties, to continue to cooperate
with regional intergovernmental organizations and any of their mechanisms engaged in the
promotion of human rights of women;
18. Requests all special procedures and other human rights mechanisms of the
Commission on Human Rights and the Sub-Commission for the Promotion and Protection of
Human Rights, and invites human rights treaty bodies regularly and systematically to integrate a
gender perspective into the implementation of their mandates and to include in their reports
information on and qualitative analysis of human rights of women and girls, and encourages the
strengthening of cooperation and coordination between these procedures and mechanisms;
19. Encourages States to give particular consideration to the general comments of the
treaty bodies that relate to the enjoyment by women of their human rights;
20. Notes with appreciation the request made by the Economic and Social Council in
its agreed conclusions 1998/2 that the Commission make explicit the integration of a gender
perspective when establishing or renewing human rights mandates;
21. Urges the use of gender-inclusive language in the formulation, interpretation and
application of human rights instruments, as well as in reports, resolutions and/or decisions of the
Commission, the Sub-Commission and the various human rights mechanisms, and requests the
Office of the High Commissioner for Human Rights to utilize gender-inclusive language in the
preparation of all of its communications, reports and publications, and to work with the
United Nations conference services to ensure gender-inclusive language and interpretation in the
proceedings of the Office;
22. Encourages the efforts of the treaty bodies to monitor more effectively the human
rights of women in their activities, bearing in mind the workshops on gender integration, and
reaffirms that it is the responsibility of all treaty bodies, in their work, to integrate a gender
perspective, bearing in mind also the need:
(a) To develop gender-sensitive guidelines to be used in the review of reports of
States parties;

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(b) To develop, as a matter of priority, a common strategy towards mainstreaming the
human rights of women into their work, so that each body, within its mandate, monitors the
human rights of women;
(c) To incorporate a gender analysis and to exchange information regularly in the
development of general comments and recommendations, with a view to the preparation of
general comments which reflect a gender perspective;
(d) To incorporate a gender perspective in concluding observations so that the
concluding observations of each treaty body delineate the strengths and weaknesses of each State
party insofar as enjoyment by women of the rights guaranteed by a particular treaty is concerned;
23. Encourages all entities charged with the promotion and protection of human
rights, especially United Nations human rights bodies and mechanisms, to identify, collect and
use sex-disaggregated data and gender-specific information in their activities and to apply gender
analysis in monitoring and reporting;
24. Welcomes the submission of reports by specialized agencies, at the invitation of
the Committee on the Elimination of Discrimination against Women, on the implementation of
the Convention on the Elimination of All Forms of Discrimination against Women in areas
falling within the scope of their activities and the contribution of non-governmental
organizations to the work of the Committee;
25. Encourages all entities of the United Nations system to pay systematic, increased
and sustained attention to the recommendations of the Committee, in order to ensure that its
concluding observations and general recommendations are better utilized in their respective
work;
26. Reminds Governments that their obligations under the Convention must be
implemented fully and reaffirms their commitment to accelerate the achievement of universal
ratification of the Convention, urges all States that have not yet ratified or acceded to the
Convention to consider, as a matter of priority, doing so, and urges States parties to consider
signing and ratifying the Optional Protocol to the Convention;
27. Urges States to limit the extent of any reservations to the Convention on the
Elimination of All Forms of Discrimination against Women, to formulate any such reservations
as precisely and as narrowly as possible, to ensure that no reservations are incompatible with the
object and purpose of the Convention and regularly to review them with a view to withdrawing
them, and to withdraw reservations that are contrary to the object and purpose of the Convention;

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28. Urges States that have ratified or acceded to the Convention to take action to
implement the Convention fully, inter alia through national legislation, policies and practice, and
to take account of the recommendations of the Committee on the Elimination of Discrimination
against Women in this regard;
29. Encourages all relevant entities of the United Nations system, within their
mandates, as well as Governments and intergovernmental and non-governmental organizations,
in particular women’s organizations, as appropriate, to continue to assist States parties, upon the
request of those States, in implementing the Convention;
30. Also encourages all relevant entities of the United Nations system to continue to
build women’s knowledge and understanding of and capacity to utilize human rights
instruments, in particular the Convention and the Optional Protocol thereto;
31. Notes the first resolution on women and peace and security adopted by the
Security Council, resolution 1325 (2000) of 31 October 2000, which, inter alia, calls on actors
involved, when negotiating and implementing peace agreements, to adopt a gender perspective,
including, inter alia, measures that ensure the protection of and respect for the human rights of
women and girls, particularly as they relate to the constitution, the electoral system, the police
and the judiciary;
32. Welcomes the study of the Secretary-General entitled Women, Peace and Security
submitted pursuant to Security Council resolution 1325 (2000), and the recent study of the
United Nations Development Fund for Women, entitled Women, War and Peace: The
Independent Expert’s Assessment of the Impact of Armed Conflict on Women and Women’s Role
in Peace-Building;
33. Recognizes the important role of women in the prevention and resolution of
conflicts and in peace-building, the importance of their equal participation and full involvement
in all efforts for the maintenance and promotion of peace and security and the need to increase
their role in decision-making with regard to conflict prevention and resolution, and urges the
United Nations system and Governments to make further efforts in this regard and to take steps
to ensure and support the full participation of women at all levels of decision-making and
implementation in development activities and peace processes, including conflict prevention and
resolution, post-conflict reconstruction, peacemaking, peacekeeping and peace-building, as well
as through the integration of a gender perspective into those United Nations processes;

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34. Welcomes the 1999 Inter-Agency Standing Committee policy statement for the
integration of a gender perspective in humanitarian assistance, and requests the
Secretary-General to provide information on the status of implementation and impact of that
policy statement;
35. Requests the Secretary-General to report, at its sixtieth session, on the
implementation of the present resolution including analysing the degree to which the promotion
and protection of human rights of women are being integrated into the United Nations system,
the work of the Commission and its subsidiary bodies, identifying obstacles and challenges to
implementation of the resolution, to make concrete, comprehensive recommendations for action
by States and/or by the United Nations system and to bring the report to the attention of the
relevant organs, bodies and agencies of the United Nations system, including all human rights
bodies;
36. Decides to integrate a gender perspective into all of its agenda items;
37. Also decides to continue its consideration of the question at its sixtieth session.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XII.]
2003/45. Elimination of violence against women
The Commission on Human Rights,
Reaffirming that discrimination on the basis of sex is contrary to the Charter of the
United Nations, the Universal Declaration of Human Rights, the Convention on the Elimination
of All Forms of Discrimination against Women and other international human rights instruments,
and that its elimination is an integral part of efforts towards the elimination of violence against
women,
Reaffirming the Vienna Declaration and Programme of Action adopted in June 1993 by
the World Conference on Human Rights (A/CONF.157/23) and the Declaration on the
Elimination of Violence against Women adopted by the General Assembly in its
resolution 48/104 of 20 December 1993,
Recalling all its previous resolutions on the elimination of violence against women, in
particular its resolution 1994/45 of 4 March 1994, in which it decided to appoint a special
rapporteur on violence against women, its causes and consequences,

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Noting all General Assembly resolutions relevant to elimination of violence against
women,
Recalling the Beijing Declaration and Platform for Action adopted in September 1995 by
the Fourth World Conference on Women (A/CONF.177/20, chap. I), follow-up action by the
Commission on the Status of Women on violence against women and the outcome of the
twenty-third special session of the General Assembly, entitled “Women 2000: gender equality,
development and peace for the twenty-first century”,
Recalling also Security Council resolution 1325 (2000) of 31 October 2000 on women,
peace and security, and acknowledging the relevance of the study of the Secretary-General
entitled Women, Peace and Security submitted pursuant to Security Council
resolution 1325 (2000), and UNIFEM’s recent study entitled Women, War and Peace: The
Independent Experts’ Assessment of the Impact of Armed Conflict on Women and Women’s Role
in Peace-Building,
Welcoming the significant work throughout the world over the past decade to eliminate
violence against women and girls as reflected in the final report submitted by the current Special
Rapporteur on violence against women, its causes and consequences (E/CN.4/2003/75 and
addenda), which gives an overview of the work done and is a possible reference for and valuable
contribution to future work in this area,
Reaffirming the responsibility of all States to put an end to impunity and prosecute those
responsible for genocide, crimes against humanity and war crimes,
Recalling the inclusion of gender-related crimes and crimes of sexual violence in the
Rome Statute of the International Criminal Court (A/CONF.183/9), which affirms that rape,
sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and other forms of
sexual violence constitute, in defined circumstances, a crime against humanity and/or a war
crime, and reiterating that acts of sexual violence in situations of armed conflict can constitute
serious violations or grave breaches of international humanitarian law,
Deeply concerned that some groups of women, such as women belonging to minority
groups, indigenous women, refugee and internally displaced women, migrant women, women
living in rural or remote communities, destitute women, women in institutions or in detention,
the girl child, women with disabilities, elderly women, widows and women in situations of
armed conflict are often especially targeted or vulnerable to violence, as are women who are
otherwise discriminated against,

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Convinced that racism, racial discrimination, xenophobia and related intolerance reveal
themselves in a differentiated manner for women and girls, and can be among the factors leading
to a deterioration in their living conditions, poverty, violence, multiple forms of discrimination
and the limitation or denial of their human rights, and recognizing the need to integrate a gender
perspective into relevant policies, strategies and programmes of action, including effective
implementation of national legislation, against racism, racial discrimination, xenophobia and
related intolerance in order to address multiple forms of discrimination against women,
Expressing its appreciation of the initiatives of the United Nations Development Fund
for Women to combat violence against women at the international, regional and national levels,
as well as of the World Report on Violence and Health launched by the World Health
Organization in 2002, particularly its consideration of gender-based violence,
1. Welcomes the work of the Special Rapporteur on violence against women, its
causes and consequences, and takes note of her report, entitled “Developments in the area of
violence against women (1994-2002)” (E/CN.4/2003/75 and Corr.1 and Add.1-2);
2. Notes with interest the conclusion of the Special Rapporteur that while at the
normative level the needs of women are generally adequately addressed, the challenges lie in
ensuring respect for and effective implementation of existing laws and standards, and urges
States to consider the recommendations of the Special Rapporteur when formulating policies and
programmes;
3. Welcomes the increasing attention given to violence against women at the
national, regional and international levels since the adoption of the Declaration on the
Elimination of Violence against Women, and through the treaty bodies as well as special
mechanisms of the Commission;
4. Affirms that the term “violence against women” means any act of gender-based
violence that results in, or is likely to result in, physical, sexual or psychological harm or
suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or in private life, and including domestic violence, crimes committed
in the name of honour, crimes committed in the name of passion, trafficking in women and girls,
traditional practices harmful to women, including female genital mutilation, early and forced
marriages, female infanticide, dowry-related violence and deaths, acid attacks and violence
related to commercial sexual exploitation as well as economic exploitation;

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5. Strongly condemns all acts of violence against women and girls and in this regard
calls, in accordance with the Declaration on the Elimination of Violence against Women, for the
elimination of all forms of gender-based violence in the family, within the general community
and where perpetrated or condoned by the State, and emphasizes the duty of Governments to
refrain from engaging in violence against women and to exercise due diligence to prevent,
investigate and, in accordance with national legislation, punish acts of violence against women
and to take appropriate and effective action concerning acts of violence against women, whether
those acts are perpetrated by the State, by private persons or by armed groups or warring
factions, and to provide access to just and effective remedies and specialized, including medical,
assistance to victims;
6. Affirms, in this light, that violence against women constitutes a violation of the
human rights and fundamental freedoms of women and that violence against women impairs or
nullifies their enjoyment of those rights and freedoms;
7. Strongly condemns physical, sexual and psychological violence occurring in the
family, which encompasses, but is not limited to, battering, sexual abuse of women and girls in
the household, dowry-related violence, marital rape, female infanticide, female genital
mutilation, crimes committed against women in the name of honour, crimes committed in the
name of passion, traditional practices harmful to women, incest, early and forced marriages,
non-spousal violence and violence related to commercial sexual exploitation as well as economic
exploitation;
8. Stresses that all forms of violence against women occur within the context of
de jure and de facto discrimination against women and the lower status accorded to women in
society and are exacerbated by the obstacles women often face in seeking remedies from the
State;
9. Emphasizes that violence against women has an impact on their physical and
mental health, including their reproductive and sexual health and, in this regard, encourages
States to ensure that women have access to comprehensive and accessible health services and
programmes and to health-care providers who are knowledgeable and trained to meet the needs
of patients who have been subjected to violence, in order to minimize the adverse physical and
psychological consequences of violence;

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10. Also emphasizes that violence against women and girls, including rape, female
genital mutilation, incest, early and forced marriage, violence related to commercial sexual
exploitation, including trafficking, as well as economic exploitation and other forms of sexual
violence, can increase their vulnerability to the human immunodeficiency virus/acquired
immunodeficiency syndrome (HIV/AIDS) and aggravate the conditions fostering the spread of
HIV/AIDS;
11. Reminds Governments that their obligations under the Convention on the
Elimination of All Forms of Discrimination against Women must be implemented fully with
regard to violence against women, taking into account general recommendation 19 adopted by
the Committee on the Elimination of Discrimination against Women at its eleventh session,
reaffirms the commitment to accelerate the achievement of universal ratification of the
Convention, and urges all States that have not yet ratified or acceded to the Convention to
consider, as a matter of priority, doing so;
12. Urges States parties to consider signing and ratifying the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women;
13. Also urges States parties to limit the extent of any reservations to the Convention
on the Elimination of All Forms of Discrimination against Women, to formulate any such
reservations as precisely and as narrowly as possible, to ensure that no reservations are
incompatible with the object and purpose of the Convention, to review their reservations
regularly with a view to withdrawing them and to withdraw reservations that are contrary to the
object and purpose of the Convention;
14. Stresses that States have an affirmative duty to promote and protect the human
rights of women and girls and must exercise due diligence to prevent, investigate and punish acts
of all forms of violence against women and girls, and calls upon States:
(a) To apply international human rights norms and to consider, as a matter of priority,
becoming party to international human rights instruments that relate to violence against women
and girls, and to implement fully their international obligations;
(b) To fully achieve and implement the goals set and commitments made relating to
eliminating violence against women contained in the Beijing Declaration and Platform for
Action adopted in September 1995 by the Fourth World Conference on Women

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(A/CONF.177/20, chap. I) and the outcome of the twenty-third special session of the
General Assembly, entitled “Women 2000: gender equality, development and peace for the
twenty-first century”;
(c) To take all measures to empower women and strengthen their economic
independence and to protect and promote the full enjoyment of all human rights and fundamental
freedoms in order to allow women and girls to protect themselves better against violence and, in
this regard, to give priority to education, training, economic opportunity and political
participation of women;
(d) To condemn violence against women and not invoke custom, tradition or
practices in the name of religion or culture to avoid their obligations to eliminate such violence;
(e) To address the specific circumstances facing girls and young women in relation to
violence, especially sexual violence, including its immediate and long-term consequences;
(f) To intensify efforts to develop and/or utilize legislative, educational, social and
other measures aimed at the prevention of violence against women, including the adoption and
implementation of laws, the dissemination of information, active involvement with
community-based players, and the training of legal, judicial and health personnel, and, where
possible, through developing and strengthening support services;
(g) To enact and, where necessary, reinforce or amend domestic legislation, including
measures to enhance the protection of victims, to investigate, prosecute, punish and redress the
wrongs done to women and girls subjected to any form of violence, whether in the home, the
workplace, the community or society, in custody or in situations of armed conflict, to ensure that
such legislation conforms with relevant international human rights instruments and humanitarian
law, and to take action to investigate and punish persons who perpetrate acts of violence against
women;
(h) To formulate, implement and promote, at all appropriate levels, plans of action to
eliminate violence against women, guided by, inter alia, the Declaration on the Elimination of
Violence against Women, as well as relevant regional instruments pertaining to the elimination
of violence against women;
(i) To support initiatives undertaken by women’s organizations and
non-governmental organizations on the elimination of violence against women and to establish
and/or strengthen, at the national level, collaborative relationships with relevant

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non-governmental and community-based organizations, and with public and private sector
institutions, aimed at the development and effective implementation of provisions and policies
relating to violence against women, including in the area of support services for victims;
(j) To intensify efforts to raise collective and individual awareness about violence
against women, to highlight the role of men and boys in the prevention and elimination of
violence against women, and to encourage and support initiatives to promote attitudinal and
behavioural change on the part of, and the rehabilitation of, perpetrators of violence against
women;
(k) To develop and/or enhance, including through funding, training programmes for
judicial, legal, medical, social, educational, police, correctional service, military, peacekeeping,
humanitarian relief and immigration personnel, in order to prevent the abuse of power leading to
violence against women and to sensitize such personnel to the nature of gender-based acts and
threats of violence;
(l) To examine the impact of, and take measures to address, gender role stereotypes
that contribute to the prevalence of violence against women, including in cooperation with the
United Nations system, regional organizations, civil society, the media and other relevant actors;
15. Strongly condemns violence against women committed in situations of armed
conflict, such as murder, rape, including systematic rape, sexual slavery and forced pregnancy,
and calls for effective responses to these violations of international human rights and
humanitarian law;
16. Acknowledges the inclusion of gender-related crimes in the Rome Statute of the
International Criminal Court and in the Elements of Crimes, and urges States to ratify or accede
to the Rome Statute, which entered into force on 1 July 2002;
17. Stresses the importance of efforts to eliminate impunity for violence against
women in situations of armed conflict, including by prosecuting gender-related crimes and
crimes of sexual violence in the International Criminal Tribunal for the Former Yugoslavia and
the International Tribunal for Rwanda;
18. Welcomes the establishment of the Special Court for Sierra Leone and in
particular the inclusion of crimes against women and girls in its Statute, and the creation of a
Victims and Witnesses Unit to provide protective measures, counselling and other appropriate
assistance;

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19. Urges the integration of a gender perspective into all efforts to eliminate
impunity;
20. Urges States to integrate a gender perspective into commissions of inquiry and
commissions for achieving truth and reconciliation, and invites the Special Rapporteur to report,
as appropriate, on these mechanisms;
21. Also urges States to provide gender-sensitive training to all actors, as appropriate,
in peacekeeping missions in dealing with victims, particularly women and girls, of violence,
including sexual violence and, in this regard, acknowledges the important role of peace support
operations personnel in eliminating violence against women, and calls upon States to promote,
and relevant agencies of the United Nations system and regional organizations to ensure,
implementation of the Ten Rules Code of Personal Conduct for Blue Helmets;
22. Further urges States to mainstream a gender perspective into national
immigration and asylum policies, regulations and practices, as appropriate, in order to promote
and protect the rights of all women, including the consideration of steps to recognize
gender-related persecution and violence when assessing grounds for granting refugee status and
asylum;
23. Urges States and the United Nations system to give attention to, and encourages
greater international cooperation in systematic research and the collection, analysis and
dissemination of data, including data disaggregated by sex, age and other relevant information,
on the extent, nature and consequences of violence against women and girls, and on the impact
and effectiveness of policies and programmes for combating this violence;
24. Calls upon States to include in reports submitted in accordance with the
provisions of relevant United Nations human rights instruments sex- and age-disaggregated data
and information pertaining to violence against women, including measures to eliminate
traditional or customary practices harmful to women and girls, and other measures taken to
implement the Declaration on the Elimination of Violence against Women, the Platform for
Action adopted by the Fourth World Conference on Women and other instruments relevant to
the elimination of violence against women;
25. Calls upon States to consider establishing appropriate national mechanisms for
monitoring and evaluating implementation of measures taken to eliminate violence against
women and girls, including through the use of national indicators;

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26. Encourages the Special Rapporteur to respond effectively to reliable information
that comes before her and requests all Governments to cooperate with and assist the Special
Rapporteur in the performance of her mandated tasks and duties, to supply all information
requested, including with regard to implementation of her recommendations, and to respond to
the Special Rapporteur’s visits and communications;
27. Invites the Special Rapporteur to continue to cooperate with other special
rapporteurs, special representatives, independent experts and chairpersons of the working groups
of the special procedures of the Commission, including, where appropriate, undertaking joint
missions, joint reports, urgent appeals and communications;
28. Encourages the Special Rapporteur, with a view to promoting greater efficiency
and effectiveness, as well as enhancing her access to the information necessary to fulfil her
duties, to continue to cooperate with regional intergovernmental organizations and any of their
mechanisms engaged in the promotion of human rights of women;
29. Welcomes the increasing efforts and important contributions at the regional level
to eliminate all forms of violence against women and encourages States to build upon these
successful regional initiatives, including those mentioned in the report of the Special Rapporteur;
30. Requests special rapporteurs responsible for various human rights questions,
United Nations organs and bodies, specialized agencies and intergovernmental organizations,
and encourages the human rights treaty bodies, to continue to give consideration to violence
against women within their respective mandates, to cooperate with and assist the
Special Rapporteur in the performance of her mandated tasks and duties and, in particular, to
respond to her requests for information on violence against women, its causes and consequences;
31. Renews its request to the Secretary-General to continue to provide the
Special Rapporteur with all necessary assistance, in particular the staff and resources required to
perform all mandated functions, especially in carrying out and following up on missions
undertaken either separately or jointly with other special rapporteurs and working groups, and
adequate assistance for periodic consultations with the Committee on the Elimination of
Discrimination against Women and all other treaty bodies;
32. Decides that the mandate of the Special Rapporteur on violence against women,
its causes and consequences, should be renewed for a period of three years;

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33. Requests the Special Rapporteur to report annually to the Commission on Human
Rights, beginning at its sixtieth session, on activities relating to her mandate;
34. Requests the Secretary-General to ensure that the reports of the
Special Rapporteur are brought to the attention of the Commission on the Status of Women at its
forty-eighth session, as well as to the attention of the Committee on the Elimination of
Discrimination against Women;
35. Decides to continue consideration of the question as a matter of high priority at its
sixtieth session;
36. 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 2003/45 of 23 April 2003, endorses the Commission’s decision to renew for a
period of three years the mandate of the Special Rapporteur on violence against women,
its causes and consequences.
“The Council approves the Commission’s request to the Secretary-General to
continue to provide the Special Rapporteur with all necessary assistance, in particular the
staff and resources required to perform all mandated functions, especially in carrying out
and following up on mission undertaken either separately or jointly with other special
rapporteurs and working groups, and adequate assistance for periodic consultations with
the Committee on the Elimination of Discrimination against Women and all other
treaty bodies.”
59th meeting
23 April 2003
[Adopted without a vote. See chap. XII.]
2003/46. 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,

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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,
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 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. I), 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 and members of their
families,
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,

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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 and their families,
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 and
members of their families,
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
and urges States to apply the existing laws, when xenophobic or intolerant acts, or manifestations
or expressions against migrants occur, in order to eradicate impunity for those who commit
xenophobic and racist acts;

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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 all States, in conformity with national legislation and applicable
international legal instruments to which they are party, firmly to prosecute violations of labour
law with regard to migrant workers’ conditions of work, inter alia those related to their
remuneration and conditions of health and safety at work;
4. Also 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;
5. Calls upon States to implement fully the commitments and recommendations
relating to the promotion and protection of the human rights of migrants contained in the Durban
Declaration and Programme of Action through, inter alia, the adoption of national plans of action
as recommended by the Conference;
6. 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
their families and to provide specialized training for government policy-making and law
enforcement, migration and other concerned officials, including in cooperation with
non-governmental organizations and civil society, thus underlining the importance of effective
action to create conditions that foster greater harmony and tolerance within societies;
7. 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;

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8. Urges all States to adopt effective measures to put an end to the arbitrary arrest
and detention of migrants, including by individuals or groups;
9. 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;
10. Calls upon States to observe national legislation and applicable international legal
instruments to which they are party, when enacting national security legislation measures, in
order to respect the human rights of migrants;
11. Also 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;
12. Requests States 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;
13. Encourages all States 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;
14. 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;

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15. 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;
16. 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;
17. 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;
18. 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;
19. Welcomes the fourth report of the Special Rapporteur on the human rights of
migrants (E/CN.4/2003/85 and Add.1-4) and her report to the General Assembly (A/57/292),
both submitted pursuant to Commission resolution 2002/62 of 25 April 2002, especially
regarding the work she has undertaken, and takes note of her observations and recommendations;
20. 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 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;
21. 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

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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;
22. Requests all relevant mechanisms to cooperate with the Special Rapporteur;
23. 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;
24. 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;
25. 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;
26. Requests the Special Rapporteur to take into account, while carrying out her
mandate, the recommendations on migrants contained in the Durban Declaration and Programme
of Action;
27. 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;
28. Further requests the Special Rapporteur to submit a report on her activities to the
General Assembly at its fifty-eighth session and to the Commission at its sixtieth session;
29. Requests the Secretary-General to give the Special Rapporteur all necessary
human and financial assistance for the fulfilment of her mandate;
30. Calls upon States and 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;

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31. Urges States to consider ratifying or adhering to the United Nations Convention
against Transnational Organized Crime and its two additional 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;
32. Decides to examine this question further, as a matter of priority, at its
sixtieth session under the same agenda item.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XIV.]
2003/47. The protection of human rights in the context of human immunodeficiency
virus (HIV) and acquired immunodeficiency syndrome (AIDS)
The Commission on Human Rights,
Recalling its resolutions 2001/51 of 24 April 2001 and 1999/49 of 27 April 1999 and
other relevant resolutions and decisions adopted by organizations of the United Nations system,
as well as by other competent forums,
Welcoming the Declaration of Commitment on HIV/AIDS “Global Crisis - Global
Action”, adopted by the General Assembly at its special session on HIV/AIDS held in
June 2001, and noting in particular that this Declaration affirms that realization and safeguarding
of human rights and fundamental freedoms for all are essential to reduce vulnerability to
HIV/AIDS,
Taking note with interest of the preliminary report of the Special Rapporteur on the right
of everyone to the enjoyment of the highest attainable standard of physical and mental health
E/CN.4 /2003/58,
Taking note also with interest of the report of the Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression (E/CN.4/2003/67) which
addresses access to information in the context of HIV/AIDS prevention and care,
Taking note further with interest of General Comment No. 3, “HIV/AIDS and the rights
of the child”, adopted by the Committee on the Rights of the Child at its thirty-second session in
January 2003, the first-ever general comment on HIV/AIDS, adopted by a treaty monitoring
mechanism,

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Welcoming the fact that many positive steps in implementing its previous resolutions
have been taken, including the enactment of legislation in some countries to promote human
rights in the context of HIV/AIDS and to prohibit discrimination against persons infected or
presumed to be infected and members of vulnerable groups,
Encouraging the continuation of national, regional and international consultations in the
field of HIV/AIDS and human rights,
Noting with concern that, according to estimates by the Joint United Nations Programme
on HIV/AIDS (UNAIDS) and the World Health Organization, by the end of 2002 the number of
people living with HIV increased to 42 million, the number of people newly infected with HIV
was 5 million and the number of people who died from AIDS was 3.1 million,
Noting with particular concern that more than 95 per cent of all people infected with HIV
live in the developing world, mostly in conditions of poverty, underdevelopment, conflict and
inadequate measures for the prevention, treatment and care of HIV/AIDS infection and noting
that an increasing proportion of people living with HIV/AIDS are women,
Noting the devastating impact of HIV/AIDS, including increased mortality and morbidity
among the working-age population, losses in family income, greater numbers of orphans, the
disproportionate burden borne by women at the personal, family and community levels and
higher health and social costs,
Welcoming the creation of and the progress made by the Global Fund to Fight AIDS,
Tuberculosis and Malaria,
Emphasizing, in view of the increasing challenges presented by HIV/AIDS, the need for
intensified efforts to ensure universal respect for and observance of human rights and
fundamental freedoms for all so as to reduce vulnerability to HIV/AIDS and to prevent
HIV/AIDS-related discrimination and stigma,
Concerned that lack of full enjoyment of human rights by persons suffering from
economic, social or legal disadvantage heightens the vulnerability of such persons to the risk of
HIV infection and to its impact, if infected,
Also concerned that, in many countries, many people infected and affected by HIV, as
well as those presumed to be infected, continue to be discriminated against in law, policy and
practice,

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Welcoming the significant role of UNAIDS in cooperation with relevant bodies of the
United Nations system, in particular the Office of the United Nations High Commissioner for
Human Rights, and of national and international non-governmental organizations, in particular
organizations of people living with HIV/AIDS, in promoting and protecting human rights in the
context of HIV/AIDS, including fighting discrimination against people living with HIV/AIDS,
and in the full range of prevention, treatment and care activities,
Noting that stigma and discrimination on the basis of HIV or AIDS status are obstacles to
an effective HIV/AIDS response and reiterating that discrimination on the basis of HIV or AIDS
status, actual or presumed, is prohibited by existing international human rights standards, and
that the term “or other status” in non-discrimination provisions in international human rights
texts should be interpreted to cover health status, including HIV/AIDS,
Recalling HIV/AIDS and Human Rights International Guidelines Revised Guideline 6:
Access to prevention, treatment, care and support, an outcome of the Third International
Consultation on HIV/AIDS and Human Rights, convened jointly by the Office of the High
Commissioner for Human Rights and UNAIDS, which provides guidance to ensuring the
respect, protection and fulfilment of human rights in the context of HIV/AIDS,
Welcoming the report of the Secretary-General on the protection of human rights in the
context of HIV and AIDS (E/CN.4/2003/81), which provides an overview of action taken by
Governments, specialized agencies and international and non-governmental organizations on the
implementation of the Guidelines on HIV/AIDS and Human Rights (E/CN.4/1997/37, annex I)
and their dissemination, and which addresses issues of technical cooperation for the promotion
and protection of human rights in the context of HIV/AIDS,
1. Invites States, United Nations organs, programmes and specialized agencies and
international and non-governmental organizations to continue to take all necessary steps to
ensure the respect, protection and fulfilment of HIV-related human rights as contained in the
Guidelines on HIV/AIDS and Human Rights;
2. Invites States, United Nations organs, programmes and specialized agencies and
international and non-governmental organizations to contribute to international cooperation in
the context of HIV/AIDS-related human rights through, inter alia, working on advancing
HIV/AIDS prevention and care programmes, including facilitating access to treatment and care
in the context of HIV/AIDS, and through sharing knowledge, experiences and achievements
concerning HIV-related issues;

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3. Invites States to strengthen national mechanisms for protecting HIV/AIDS-related
human rights and to take all necessary measures to eliminate stigmatization of and discrimination
against those infected and affected by HIV/AIDS, especially for women, children and vulnerable
groups, so that infected persons who reveal their HIV status, those presumed to be infected and
other affected persons are protected from violence, stigmatization and other negative
consequences;
4. Invites States, United Nations organs, programmes and specialized agencies and
international and non-governmental organizations to assist developing countries, in particular the
least developed countries and those in Africa, in their efforts to prevent the spread of the
epidemic, alleviate and control the detrimental impact of HIV/AIDS on the human rights of their
populations and care for those infected;
5. Urges States to ensure that their laws, policies and practices respect human rights
in the context of HIV/AIDS, prohibit HIV/AIDS-related discrimination, promote effective
programmes for the prevention of HIV/AIDS, including through education and
awareness-raising campaigns and improved access to high-quality goods and services for
preventing transmission of the virus, and promote effective programmes for the care and support
of persons infected and affected by HIV, including through improved and equitable access to
safe and effective medication for the treatment of HIV infection and HIV/AIDS-related illnesses;
6. Requests States to establish coordinated, participatory, gender-sensitive,
transparent and accountable national policies and programmes for HIV/AIDS response and to
translate national policies to district level and local action, involving in all phases of
development and implementation non-governmental and community-based organizations and
people living with HIV/AIDS;
7. Also requests States to develop and support services, including legal aid where
appropriate, to educate people infected and affected by HIV/AIDS about their rights and to assist
them in realizing their rights;
8. Further requests States to take all the necessary steps, including appropriate
education, training and media programmes, to combat discrimination, prejudice and stigma, and
to ensure the full enjoyment of civil, political, economic, social and cultural rights by people
infected and affected by HIV/AIDS;

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9. Requests States, in consultation with the relevant national professional bodies, to
ensure that codes of professional conduct, responsibility and practice respect human rights and
dignity in the context of HIV/AIDS, including access to care for people infected and affected by
HIV/AIDS;
10. Also requests States, in consultation with relevant national bodies, including
national human rights institutions, to develop and support appropriate mechanisms to monitor
and enforce HIV/AIDS-related human rights;
11. Invites the human rights treaty bodies, when considering reports submitted by
States parties, to give particular attention to HIV/AIDS-related rights and invites States to
include appropriate HIV/AIDS-related information in the reports they submit to the relevant
treaty bodies;
12. Invites States when preparing their progress reports to the General Assembly on
the implementation of the Declaration of Commitment on HIV/AIDS “Global Crisis - Global
Action” to include information on human rights in the context of HIV/AIDS;
13. Requests all special representatives, special rapporteurs and working groups of the
Commission, inter alia, the special rapporteurs on the right to education, on the promotion and
protection of freedom of opinion and expression, on violence against women, its causes and
consequences, and on the sale of children, child prostitution and child pornography, to integrate
the protection of HIV-related human rights within their respective mandates and invites in
particular the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health in the discharge of his mandate to pay
appropriate attention to relevant issues concerning this resolution;
14. Requests the Secretary-General to invite the United Nations organs and
programmes, as well as the specialized agencies and Member States, to integrate
HIV-related human rights into their policies, programmes and activities, including those
involving regional intergovernmental human rights and other bodies, and to involve
non-governmental and community-based organizations in all phases of development and
implementation, to help ensure a system-wide approach, stressing the coordinating and
catalytic role of UNAIDS;

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15. Also requests the Secretary-General to solicit comments from Governments,
United Nations organs, programmes and specialized agencies and international and
non-governmental organizations on the steps they have taken to promote and implement, where
applicable, the Guidelines on HIV/AIDS and Human Rights and the present resolution, and to
submit, in consultation with interested parties, a progress report for consideration at its
sixty-first session.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XIV.]
2003/48. International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families
The Commission on Human Rights,
Reaffirming that all human beings are born free and equal in dignity and rights, are
endowed with reason and conscience and should act towards one another in a spirit of
brotherhood,
Considering the obligation of States under the Charter of the United Nations to promote
universal respect for, and observance of, human rights and freedoms,
Guided by the basic instruments regarding the international protection of human rights, in
particular the Universal Declaration of Human Rights, the International Covenants on Human
Rights, the International Convention on the Elimination of All Forms of Racial Discrimination,
the Convention on the Elimination of All Forms of Discrimination against Women and the
Convention on the Rights of the Child, and reaffirming the obligation of States to promote and
protect human rights and fundamental freedoms,
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,

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Deeply concerned at the grave situation of vulnerability of migrant workers and members
of their families,
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,
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 of and to
guarantee respect for the human rights and dignity of all migrant workers and members of their
families,
Recalling General Assembly resolution 45/158 of 18 December 1990, by which the
Assembly adopted and opened for signature, ratification and accession to the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families, contained in the annex to the resolution,
Considering that the Vienna Declaration and Programme of Action adopted 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. Acknowledges with appreciation the entry into force of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families on 1 July 2003;
2. Welcomes the signing or ratification of or accession to the Convention by some
States and takes note of the report of the Secretary-General on the status of the Convention
(E/CN.4/2003/80);
3. Calls again upon all States that have not yet done so to consider seriously signing
and ratifying or acceding to the Convention as a matter of priority;
4. Requests the Secretary-General to take all necessary measures to convene the
initial meeting of States parties to the Convention;
5. Also requests the Secretary-General to make all the necessary provisions for the
timely establishment of the Committee on the Protection of the Rights of All Migrant Workers
and Members of Their Families referred to in article 72 of the Convention;

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6. Calls upon States parties to the Convention to submit in due time their first
periodic report requested by article 73 of the Convention;
7. 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 and technical cooperation in the field of
human rights;
8. 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;
9. 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;
10. Requests the Secretary-General to report to the Commission at its sixtieth 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;
11. Decides to include in the provisional agenda of its sixtieth session the agenda
sub-item entitled “Specific groups and individuals: migrant workers”.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XIV.]
2003/49. Human rights of persons with disabilities
The Commission on Human Rights,
Recalling that all persons with disabilities have the right to protection against
discrimination and to full and equal enjoyment of their human rights, as laid down, inter alia, in
the provisions of the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights,
the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of
Discrimination against Women and the 1983 Convention concerning vocational rehabilitation
and employment (disabled persons) (No. 159) of the International Labour Organization,

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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,
Recalling General Assembly resolutions 48/96 of 20 December 1993, by which it
adopted the Standard Rules on the Equalization of Opportunities for Persons with Disabilities,
and 56/115 of 19 December 2001 on the implementation of the World Programme of Action
concerning Disabled Persons,
Recalling also General Assembly resolution 56/168 of 19 December 2001, in which the
Assembly established 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, and resolution 57/229 of 18 December 2002, in which the Assembly took note with
appreciation of the report of the Ad Hoc Committee on its first session and reaffirmed the need
to promote and protect the equal and effective enjoyment of all human rights and fundamental
freedoms of persons with disabilities, aware of the contribution that a convention could make in
that regard,
Reaffirming its resolution 2002/61 of 25 April 2002 on human rights of persons with
disabilities,
Noting the resolution adopted by the Commission for Social Development on
21 February 2003 on a comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities,
Recalling the study on human rights and disability presented at the fifty-eighth session of
the Commission on Human Rights,
Recognizing the considerable contribution of civil society, including non-governmental
organizations, especially organizations of persons with disabilities, to the global effort to bring
about full participation and equality for persons with disabilities,
Welcoming in this regard General Assembly resolution 56/510 of 23 July 2002 on
accreditation and participation of non-governmental organizations in the Ad Hoc Committee and
the decision on the modalities for the participation of accredited non-governmental organizations
taken by the Ad Hoc Committee at its first session,

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Expressing grave concern that situations of armed conflict have especially devastating
consequences for the human rights of persons with disabilities,
Concerned at the extent of disabilities caused by the indiscriminate use of anti-personnel
mines and other weapons which may be deemed to be excessively injurious or to have
indiscriminate effects, and at the long-lasting impact of these weapons which prevent the full and
effective enjoyment of human rights, particularly among civilian populations, and welcoming
increased international efforts to address this issue,
Reaffirming 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,
1. Recognizes that any violation of the fundamental principle of equality or any
discrimination or other unjustified differential treatment of persons with disabilities inconsistent
with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities
infringes or nullifies and impairs the enjoyment of human rights by persons with disabilities;
2. Urges Governments to take active measures to ensure the full enjoyment by
persons with disabilities of all human rights and fundamental freedoms, including by removing
or facilitating the removal of barriers and obstacles to the equal and effective enjoyment of these
rights, as well as by developing national policies;
3. Takes note with appreciation of the report of the United Nations
High Commissioner for Human Rights on progress in the implementation of the
recommendations contained in the report of the United Nations High Commissioner for
Human Rights on progress in the implementation of the recommendations in the study on the
human rights of persons with disabilities (E/CN.4/2003/88) and requests the Secretary-General
to make it available to the Ad Hoc Committee established by the General Assembly in
resolution 56/168;
4. Notes with interest the elaboration by the Office of the United Nations
High Commissioner for Human Rights of a long-term plan in the field of the promotion and
protection of human rights of persons with disabilities, in keeping with its multi-track approach,
as well as the objectives of the plan set forth in the study, and looks forward to its further
implementation;

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5. Calls upon the Office of the High Commissioner for Human Rights to continue to
consider in its activities implementing the recommendations that relate to it in the study on
human rights and disability, as well as to continue to strengthen collaboration with other
United Nations agencies and bodies;
6. Underlines in this regard the importance of strengthening the cooperation and
coordination between the Office of the High Commissioner for Human Rights and the
Department of Economic and Social Affairs of the United Nations in order to support the work
of the Ad Hoc Committee established by the General Assembly in resolution 56/168;
7. Calls upon the Office of the High Commissioner for Human Rights to report to
the Commission on Human Rights at its sixtieth session on progress in the implementation of the
recommendations contained in the study on human rights and disability presented at the
fifty-eighth session of the Commission and on the programme of work of the Office in relation
to the human rights of persons with disabilities;
8. Invites all special rapporteurs, in carrying out their mandates, to take into account
the human rights of persons with disabilities;
9. Invites the Special Rapporteur on disability of the Commission for Social
Development to address the Commission on Human Rights at its sixtieth session on his/her
experience of the human rights dimension gained by him/her and the panel of experts through
monitoring the Standard Rules on the Equalization of Opportunities for Persons with Disabilities,
and looks forward to a continued involvement of the Special Rapporteur in issues relating to
disability within the Commission on Human Rights in order to mainstream a disability
perspective;
10. Invites human rights treaty monitoring bodies to take into account the concerns of
persons with disabilities in their lists of issues and concluding observations, to consider drafting
general comments and recommendations on the full enjoyment of human rights by persons with
disabilities and to integrate a disability perspective into their monitoring activities;
11. Urges Governments to cover fully the question of the human rights of persons
with disabilities in complying with their reporting obligations under the relevant United Nations
human rights instruments;

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12. 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;
13. Invites national human rights institutions and non-governmental organizations to
strengthen their work on human rights and disability, including by participating actively in the
Ad Hoc Committee, and to enhance their level of contributions to the work of the treaty
monitoring bodies;
14. Encourages Governments and relevant intergovernmental institutions to develop
programmes for persons with disabilities to enable them to develop their potential to participate
fully in all aspects of society and thus achieve the enjoyment of all their human rights;
15. Reaffirms its commitment to continue to contribute to the process established by
the General Assembly in resolution 56/168 by, inter alia, providing its recommendations on the
full and effective enjoyment of all human rights of persons with disabilities;
16. Acknowledges the contributions and support of the Office of the
High Commissioner for Human Rights to the process established by the General Assembly in
resolution 56/168 on a comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities, and encourages the Office to continue
to do so in accordance with Assembly resolutions 56/168 and 57/229;
17. Recalls the invitation by the Ad Hoc Committee to States, as well as regional
commissions, intergovernmental organizations and relevant human rights treaty bodies, within
their respective mandates, and non-governmental organizations, national disability and human
rights institutions and independent experts with an interest in the matter, to make available to the
Ad Hoc Committee suggestions and possible elements to be considered for a convention;
18. Invites Governments, civil society and the private sector to contribute to the
United Nations Voluntary Fund on Disability, as well as to the voluntary fund established by the
General Assembly in resolution 57/229, to support the participation of non-governmental
organizations and experts from developing countries, in particular from the least developed
countries, in the work of the Ad Hoc Committee;
19. Calls upon all United Nations organizations and specialized agencies and all
intergovernmental institutions for development cooperation to integrate disability measures into
their activities, including by addressing the problems that exist in creating equal opportunities for
persons with disabilities at all levels, and to reflect this in their activity reports;

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20. Requests the Secretary-General to include in relevant reports to the
General Assembly information on the progress of efforts to ensure the full recognition and
enjoyment of the human rights of persons with disabilities;
21. Decides to continue its consideration of this question at its sixtieth session under
the same agenda item.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XIV.]
2003/50. 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
Belonging to National or Ethnic, Religious and Linguistic Minorities, as well as its own
resolution 2002/57 of 25 April 2002 on the rights of persons belonging to national or ethnic,
religious and linguistic minorities,
Recalling also its 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 2002/16 of 14 August 2002 on the rights of
minorities,
Recalling 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,

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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 often suffer disproportionately the effects of conflict resulting in the violation of their
human rights and 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,
Emphasizing the importance of the timely identification of human rights problems and
situations involving national or ethnic, religious and linguistic minorities,
Acknowledging that minority rights promote tolerance within societies and recognizing
that the promotion of a culture of tolerance through education, in particular human rights
education, shall be advanced by all States,
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 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.4/2003/82), of the
report of the Working Group on Minorities on its eighth session (E/CN.4/Sub.2/2002/19 and
Corr.1), in particular the conclusions and recommendations contained therein, and of the Report
of the United Nations High Commissioner for Human Rights submitted in accordance with
Commission on Human Rights resolution 2002/57 on the situation of national or ethnic, religious
and linguistic minorities, in particular with respect to conflict prevention (E/CN.4/2003/87);

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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, as
proclaimed in 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 of 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
provisions of 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. I), 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. Welcomes the publication by the Office of the United Nations
High Commissioner for Human Rights of the United Nations Guide for Minorities containing an
overview of relevant procedures and mechanisms of regional and international organizations and
encourages its broad dissemination;
9. Calls upon the United Nations High Commissioner for Human Rights to continue
to promote, within his 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;

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10. Invites the High Commissioner to continue his efforts to improve the coordination
and cooperation of United Nations agencies and programmes active in the field of the promotion
and protection of the rights of persons belonging to national or ethnic, religious and linguistic
minorities;
11. 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 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;
12. Encourages the Working Group on Minorities, 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;
13. 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;
14. Further 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;
15. Requests the Secretary-General and the High Commissioner to provide the
Working Group with all the necessary assistance, in particular the staff and resources required, to
fulfil its mandate;
16. 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;
17. Also requests the High Commissioner to examine existing mechanisms with a
view to enhancing their cooperation and effectiveness and to identify possible gaps in the
protection of the rights of persons belonging to national or ethnic, religious and linguistic
minorities and to report thereon to the Commission at its sixtieth session;

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18. 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 sixtieth session on concrete projects and activities in this regard;
19. Requests the Secretary-General to report to the Commission at its sixtieth session
on the implementation of the present resolution;
20. Decides to continue its consideration of this question at its sixtieth session under
the same agenda item.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XIV.]
2003/51. 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 or places of habitual residence and who
have not crossed an internationally recognized State border, for reasons including armed conflict,
violations of human rights and natural or human-made disasters,
Conscious of the human rights and humanitarian dimensions of the problem of internally
displaced persons, who often do not receive adequate protection and assistance, and aware of the
serious challenge this is creating for the international community and of the responsibility of
States and the international community to strengthen methods and means to address better 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 resolve of the international community to find durable solutions for all
internally displaced persons and to strengthen international cooperation in order to help them
return voluntarily to their homes in safety and with dignity or, based on their free choice, to
resettle in another part of their country, and to be smoothly reintegrated into their societies,

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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),
Bearing in mind the relevant provisions of, inter alia, the United Nations Millennium
Declaration (General Assembly resolution 55/2), the Vienna Declaration and Programme of
Action adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23) and
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),
Noting that the Rome Statute of the International Criminal Court (A/CONF.183/9)
defines the deportation or forcible transfer of population as a crime against humanity and the
unlawful deportation or transfer of the civilian population as well as ordering the displacement of
the civilian population as war crimes,
Recalling its previous relevant resolutions, in particular resolution 2002/56 of
25 April 2002 and General Assembly resolution 56/164 of 19 December 2001, and taking note of
Economic and Social Council resolution 2002/32 of 26 July 2002, resolutions 2002/7
and 2002/30 of 14 and 15 August 2002 of the Sub-Commission on the Promotion and Protection
of Human Rights and of the statement by the President of the Security Council of
20 December 2002 (S/PRST/2002/41),
1. Takes note with appreciation of the report of the Representative of the
Secretary-General on internally displaced persons (E/CN.4/2003/86 and Add.1-6) and commends
him for his efforts to promote a comprehensive strategy that focuses on the prevention of
displacement and on the protection, assistance and development needs of internally displaced
persons, as well as on durable solutions;
2. Expresses concern at the persistent problems of large numbers of internally
displaced persons worldwide, in particular the risk of extreme poverty and socio-economic
exclusion, their limited access to humanitarian assistance, vulnerability to human rights
violations, as well as difficulties resulting from their specific situation, such as lack of food,
medication or shelter and issues pertinent during their reintegration, including, in appropriate
cases, the need for the restitution of or compensation for property;

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3. Expresses particular concern at the grave problems faced by many internally
displaced women and children, including violence and abuse, sexual exploitation, forced
recruitment and abduction, and welcomes the commitment of the Representative of the
Secretary-General to pay more systematic and in-depth attention to their special assistance,
protection and development needs, as well as those of other groups with special needs among the
internally displaced, such as older persons and persons with disabilities;
4. Notes the importance of taking the human rights and the specific protection and
assistance needs of internally displaced persons into consideration, when appropriate, in peace
processes and in reintegration and rehabilitation processes;
5. Expresses its appreciation for the catalytic role the Representative of the
Secretary-General continues to play in raising the level of awareness about the plight of
internally displaced persons, and for his work in developing normative and institutional
frameworks for the protection and assistance of internally displaced persons, in particular the
compilation and analysis of legal norms and the development of guiding principles, in
undertaking country missions to engage in dialogue with Governments and other pertinent
actors, as well as in conducting research and issuing reports on the causes and specific aspects of
internal displacement and on particular country situations, together with proposals for preventive
or remedial measures, and encourages him to continue his efforts in this regard;
6. Welcomes the cooperation established between the Representative of the
Secretary-General and the United Nations as well as other international and regional
organizations, in particular his participation in the work of the Inter-Agency Standing Committee
and its subsidiary bodies, and encourages further strengthening of this collaboration in order to
promote better protection, assistance and development strategies for internally displaced persons;
7. Expresses its appreciation of the Guiding Principles on Internal Displacement as
an important tool for dealing with situations of internal displacement, welcomes the fact that an
increasing number of States, United Nations agencies and regional and non-governmental
organizations are applying them as a standard, and encourages all relevant actors to make use of
the Guiding Principles when dealing with situations of internal displacement;
8. Welcomes the dissemination, promotion and application of the Guiding Principles
on Internal Displacement and the fact that the Representative of the Secretary-General continues
to use the Guiding Principles in his dialogues with Governments, intergovernmental and

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non-governmental organizations and other pertinent actors, and requests him to continue his
efforts in disseminating and promoting them, inter alia through supporting and initiating their
publication and translation, participation in training, and, in consultation with governments,
regional organizations, intergovernmental and non-governmental organizations and other
relevant institutions, the holding of national, regional and international seminars on
displacement, as well as in providing support for efforts to promote capacity-building and the use
of the Guiding Principles;
9. Expresses its appreciation to Governments and intergovernmental and
non-governmental organizations which have provided assistance and protection to internally
displaced persons, developed policies to address their plight and supported the work of the
Representative of the Secretary-General;
10. Calls upon Governments to provide protection and assistance, including
reintegration and development assistance, to internally displaced persons, to develop national
policies aimed at addressing their plight, as well as to ensure that they benefit from public
services, in particular basic social services such as health services and education, based on the
principle of non-discrimination, and to facilitate the efforts of relevant United Nations agencies
and humanitarian organizations in these respects, including by improving access to internally
displaced persons;
11. Encourages all Governments, in particular Governments of countries with
situations of internal displacement, to facilitate the activities of the Representative of the
Secretary-General and to respond favourably to his requests for visits as well as for information,
and urges Governments as well as the relevant parts of the United Nations system, also at the
country level, to follow up effectively on the recommendations of the Representative of the
Secretary-General and to make available information on measures taken in this regard;
12. Stresses the need to further strengthen inter-agency arrangements and the
capacities of United Nations agencies and other relevant actors 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 with a view to
enhancing the capacities of countries with situations of internal displacement, and of the relevant
intergovernmental and non-governmental organizations, to meet the needs of internally displaced
persons;

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13. 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 Unit on Internal Displacement within the Office for the
Coordination of Humanitarian Affairs, and encourages them to further strengthen their
collaboration with the Representative of the Secretary-General, in line with the memorandum of
understanding between the Representative and the Emergency Relief Coordinator of
17 April 2002;
14. Notes with appreciation the activities aimed at addressing the plight of internally
displaced persons undertaken by 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, the World Bank,
and by all other relevant humanitarian assistance, human rights and development agencies and
organizations, including non-governmental organizations, and encourages them to further
enhance their collaboration and coordination with regard to internally displaced persons,
especially through the Inter-Agency Standing Committee;
15. Encourages the Emergency Relief Coordinator, the Representative of the
Secretary-General and the Unit on Internal Displacement to further promote an effective,
predictable and collaborative response among all relevant international agencies and bodies with
regard to protecting and assisting internally displaced persons, at headquarters as well as in
countries with situations of internal displacement, bearing in mind the role of resident or
humanitarian coordinators;
16. Notes with appreciation the increased attention paid to internally displaced
persons in the consolidated inter-agency appeals process and encourages further efforts in this
regard;
17. 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
in protecting and assisting internally displaced persons;

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18. Notes with appreciation the efforts of non-governmental organizations and the
increasing role of national human rights institutions in assisting internally displaced persons and
in promoting and protecting their human rights;
19. Welcomes the initiatives undertaken by regional organizations, such as the
African Union, the Organization of American States, the Organization for Security and
Cooperation 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;
21. Calls upon the United Nations High Commissioner for Human Rights, in
cooperation with Governments and national human rights institutions, the Representative of the
Secretary-General and with other relevant parts of the United Nations system, to continue to
promote the human rights of internally displaced persons, to enhance their protection on the
ground and to develop projects to address their plight as part of the programme of advisory
services and technical cooperation, including in the areas of human rights education, training and
assistance in legislative and policy development, and to provide information thereon to the
Representative for inclusion in his report to the Commission;
22. Notes the relevance of the global internally displaced persons database, 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 relevant data on situations of internal displacement and financial
resources;
23. 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 his work on a more stable basis;

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24. Requests the Representative of the Secretary-General to continue to report on his
activities to the General Assembly and to the Commission;
25. Decides to continue its consideration of the question of internal displacement at
its sixtieth session.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XIV.]
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