UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/Sub.2/1994/L.11/Add.1
22 August 1994
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and
Protection of Minorities
Forty-sixth session
Agenda item 22
DRAFT REPORT OF THE SUB-COMMISSION ON PREVENTION OF
DISCRIMINATION AND PROTECTION OF MINORITIES ON ITS
FORTY-SIXTH SESSION
Rapporteur: Mr. Osman El-Hajjé
CONTENTS*
Chapter Page
II. A. Resolutions
1994/4 Prevention of discrimination and protection
of minorities . . . . . . . . . . . . . . . . . . . 3
1994/5 Report of the Working Group on Contemporary Forms
of Slavery . . . . . . . . . . . . . . . . . . . . 8
* E/CN.4/Sub.2/1994/L.10 and addenda contain the draft chapters of the
report relating to the organization of the session and the various items on
the agenda. Resolutions and decisions adopted by the Sub-Commission, as well
as draft resolutions and decisions for action by, and other matters of concern
to, the Commission on Human Rights, will be contained in documents
E/CN.4/Sub.2/1994/L.11 and addenda.
GE.94-13961 (E)
E/CN.4/Sub.2/1994/L.11/Add.1
page 2
CONTENTS (continued)
Chapter Page
1994/6 United Nations Trust Fund on Contemporary Forms
of Slavery . . . . . . . . . . . . . . . . . . . . 14
1994/7 Machinery for monitoring the international
conventions on slavery . . . . . . . . . . . . . . 15
1994/8 Children and the right to adequate housing . . . . 15
1994/9 Situation of children deprived of their
liberty . . . . . . . . . . . . . . . . . . . . . . 18
1994/10 Human rights and disability . . . . . . . . . . . . 19
B. Decisions
1994/108 Slavery during wartime . . . . . . . . . . . . . . 21
E/CN.4/Sub.2/1994/L.11/Add.1
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1994/4. Prevention of discrimination and protection of minorities
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities.
Deeply concerned that the number of reported incidents attributable to
racism, racial discrimination and xenophobia and related intolerance has
increased,
Disturbed by the widespread occurrence of violent conflicts in many parts
of the world where ethnic or religious hostility is engendered and exploited
by one or more of the parties to the conflict,
Noting with great interest the valuable report submitted to the
Commission on Human Rights at its fiftieth session by the Special Rapporteur
on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, Mr. Maurice Glélé-Ahanhanzo (E/CN.4/Sub.2/1994/66),
Recalling its resolution 1993/43 of 26 August 1993, in which it decided
to consider at its forty-sixth session the follow-up to be given to the final
report presented by Mr. Asbjørn Eide on possible ways and means of
facilitating the peaceful and constructive solution of problems involving
minorities (E/CN.4/Sub.2/1993/34 and Add.1-4), including the feasibility and
usefulness of the preparation of a comprehensive programme for the prevention
of discrimination and protection of minorities, and entrusted Mr. Eide with
the task of preparing a working paper containing suggestions for such a
programme,
Noting Commission on Human Rights resolution 1994/22 of 1 March 1994 on
the rights of persons belonging to national or ethnic, religious and
linguistic minorities,
Having examined in great detail the working paper submitted by Mr. Eide
(E/CN.4/Sub.2/1994/36 and Corr.1), as well as the final report presented in
1993,
Convinced of the need to ensure equality and non-discrimination between
all groups in society and to find peaceful and constructive solutions to
minority situations in accordance with international law,
Taking note of the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities, and convinced that
its implementation, in conjunction with the International Convention on the
Elimination of All Forms of Racial Discrimination and all other relevant
international instruments, provides the best guidance for such endeavours,
E/CN.4/Sub.2/1994/L.11/Add.1
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Reiterating that all groups should cooperate peacefully in the search for
constructive accommodation of their respective concerns within the general
framework of international human rights law and should abstain from any use of
violence,
Emphasizing the need for systemwide cooperation within the United Nations
to facilitate peaceful solutions to such situations,
Underlining the significant contributions which are made by the relevant
treaty-monitoring bodies, in particular the Committee on the Elimination of
Racial Discrimination, the Human Rights Committee and the Committee on the
Rights of the Child, to this task,
Aware of the important contributions rendered by the High Commissioner
for Human Rights,
Underlining the need for close cooperation between the Sub-Commission and
the Commission on Human Rights in this field,
1. Expresses its profound appreciation to the Special Rapporteur,
Mr. Asbjørn Eide, for the working paper containing suggestions for a
comprehensive programme for the prevention of discrimination and protection of
minorities (E/CN.4/Sub.2/1994/36 and Corr.1) as well as for his final report
on possible ways and means of facilitating the peaceful and constructive
solution of problems involving minorities (E/CN.4/Sub.2/1993/34 and Add.1-4);
2. Requests the Secretary-General to invite Governments and competent
intergovernmental and non-governmental bodies to submit their comments on the
recommendations contained in addendum 4 to the final report and to make the
comments available at the forty-seventh session of the Sub-Commission;
3. Recommends that the final report be published in all the official
languages of the United Nations and that it be given the widest possible
circulation;
4. Endorses the proposals made in the working paper for the
development by the Sub-Commission of a comprehensive programme to fulfil its
dual mandate of prevention of discrimination and protection of minorities;
5. Decides that, beginning at its forty-sixth session, its agenda will
include annually an item concerning a comprehensive examination of thematic
issues relating to racism, xenophobia, minorities and migrant workers;
E/CN.4/Sub.2/1994/L.11/Add.1
page 5
6. Recommends, as a first step, that the Commission on Human Rights
request the Economic and Social Council to authorize the establishment of an
inter-sessional working group of the Sub-Commission to examine, inter alia,
peaceful and constructive solutions to situations involving minorities, and in
particular to:
(a) Review the practical application of the Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities;
(b) Provide recommendations to the Sub-Commission and other competent
entities, including the High Commissioner for Human Rights, on further
measures for the protection of minorities in cases where the working group
finds a risk of the eruption or escalation of violence between different
groups in society;
(c) Promote dialogue between minority groups in society and between
those groups and Governments;
7. Recommends that the working group should consist of five members of
the Sub-Commission and be open to representatives of minorities, regardless of
whether they have consultative status with the Economic and Social Council,
Governments, treaty-monitoring bodies, specialized agencies and other relevant
intergovernmental bodies and non-governmental organizations;
8. Recommends also that the Commission, further to paragraph 12 of
Commission resolution 1994/22 of 1 March 1994 and bearing in mind the
importance and complexity of the question of the protection of minorities,
request the assistance of Mr. Asbjørn Eide, who is an expert in the field of
minorities, to prepare an analytical report on minority issues, to submit a
preliminary report to the Commission at its fifty-second session and a final
report at its fifty-third session, bearing in mind in particular the new
developments affecting minorities;
9. Recommends further that the Centre for Human Rights be strengthened
to enable it to provide adequate services to the working group and for the
purpose of undertaking relevant studies, evaluation and action in this field;
10. Recommends the following draft resolution to the Commission on
Human Rights for adoption:
E/CN.4/Sub.2/1994/L.11/Add.1
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The Commission on Human Rights,
Taking note of resolution 1994/4 of 19 August 1994 of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities,
1. Endorses the recommendations
(a) That an inter-sessional working group of the Sub-Commission be
established, consisting of five of its members, to examine, inter alia,
peaceful and constructive solutions to situations involving minorities, and in
particular to:
(i) Review the practical application of the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious
and Linguistic Minorities;
(ii) Provide recommendations to the Sub-Commission and other
competent entities, including the High Commissioner for Human
Rights, on further measures for the protection of minorities
in cases where the working group finds a risk of the eruption
or escalation of violence between different groups in
society;
(iii) Promote dialogue between minority groups in society and
between those groups and Governments;
(b) To request the assistance of Mr. Asbjørn Eide to prepare an
analytical report on minority issues, as envisaged in Commission
resolution 1994/22 of 1 March 1994, to submit a preliminary report to the
Commission at its fifty-second session and a final report at its
fifty-third session, bearing in mind in particular the new developments
affecting minorities;
(c) That the Centre for Human Rights be strengthened to enable it to
provide adequate services to the working group and for relevant studies, and
for the purpose of undertaking relevant evaluation and action in this field;
(d) That the study by Mr. Eide on possible ways and means of
facilitating the peaceful and constructive solution of problems involving
minorities (E/CN.4/Sub.2/1993/34 and Add.1-4) be published in all the official
languages of the United Nations and given the widest possible circulation;
2. Recommends the following draft resolution to the Economic and
Social Council for adoption:
E/CN.4/Sub.2/1994/L.11/Add.1
page 7
The Economic and Social Council,
Taking note of Commission on Human Rights resolution 1995/... and of
Sub-Commission resolution 1994/4,
Endorses the recommendations of the Sub-Commission and the Commission to:
(a) Establish an inter-sessional working group of the Sub-Commission to
examine, inter alia, peaceful and constructive solutions to situations
involving minorities, and in particular to:
(i) Review the practical application of the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious
and Linguistic Minorities;
(ii) Provide recommendations to the Sub-Commission and other
competent entities, including the High Commissioner for Human
Rights, on further measures for the protection of minorities
in cases where the working group finds a risk of the eruption
or escalation of violence between different groups in
society;
(iii) Promote dialogue between minority groups in society and
between those groups and Governments;
(b) Request the assistance of Mr. Asbjørn Eide to prepare an analytical
report on minority issues, as envisaged in Commission resolution 1994/22 of
1 March 1994, to submit a preliminary report to the Commission at its
fifty-second session and a final report at its fifty-third session, bearing
in mind in particular the new developments affecting minorities;
(c) Strengthen the Centre for Human Rights to enable it to provide
adequate services to the working group and for the purpose of undertaking
relevant studies, evaluation and action required in this field;
(d) Publish the study by Mr. Eide on possible ways and means of
facilitating the peaceful and constructive solution of problems involving
minorities (E/CN.4/Sub.2/1993/34 and Add.1-4) in all the official languages of
the United Nations and to give it the widest possible circulation.
27th meeting
19 August 1994
[Adopted without a vote]
E/CN.4/Sub.2/1994/L.11/Add.1
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1994/5. Report of the Working Group on Contemporary Forms of Slavery
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Taking note of the report of the Working Group on Contemporary Forms of
Slavery on its nineteenth session (E/CN.4/Sub.2/1994/33 and Corr.1), and in
particular the recommendations contained in chapter VI,
Deeply concerned at the information it contains relating to the traffic
in persons and the exploitation of the prostitution of others, the sale of
children, child prostitution and child pornography, the exploitation of child
labour, debt bondage, the alleged practice of removal of organs and
slavery-like practices such as the phenomenon of child soldiers,
Noting that the status of the Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
of 1956 and the Convention for the Suppression of the Traffic in Persons and
of the Exploitation of the Prostitution of Others of 1949 is still
unsatisfactory,
1. Expresses its appreciation to the Working Group on Contemporary
Forms of Slavery for its valuable work and in particular for its continued
broad approach and flexible methods of work;
I. SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
A. Special Rapporteur on the sale of children, child prostitution
and child pornography, including the problem of the adoption
of children for commercial purposes
2. Warmly thanks the Special Rapporteur on the sale of children,
child prostitution and child pornography for his participation in the
nineteenth session of the Working Group and for his comprehensive
intervention;
3. Takes note of the information on these problems submitted by the
participants at the nineteenth session of the Working Group, and requests the
Centre for Human Rights to transmit the information to the Special Rapporteur,
along with the recommendations relating to his mandate;
4. Requests the Special Rapporteur, within the framework of his
mandate, to continue to pay attention to issues relating to trafficking in
children, such as alleged transplantation of organs, disappearances, the
purchase and sale of children, adoptions for commercial purposes or
exploitation and child prostitution;
E/CN.4/Sub.2/1994/L.11/Add.1
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5. Invites the Special Rapporteur to participate in the
twentieth session of the Working Group;
B. Programme of Action for the Prevention of the Sale of Children,
Child Prostitution and Child Pornography
6. Requests the Secretary-General to invite States to inform the
Working Group of measures adopted to implement the Programme of Action for
the Prevention of the Sale of Children, Child Prostitution and Child
Pornography and to submit a report thereon to the Sub-Commission at its
forty-seventh session and to the Commission at its fifty-second session;
7. Encourages all Governments to consider, in the context of the
Programme of Action, the creation of programmes aimed at the social
rehabilitation of all victims of trafficking, prostitution and pornography,
in particular children, and requests international cooperation for
establishing and implementing such programmes;
C. Removal of organs from children
8. Requests the Secretary-General to invite again all Governments,
United Nations organizations and bodies, including the United Nations
Children’s Fund, the specialized agencies, in particular the World Health
Organization, the International Criminal Police Organization and all relevant
non-governmental organizations, including scientific and medical associations,
to pursue their investigation of allegations that children are victims of, or
are even killed for, the removal of organs for the purposes of commercial
transplants and to indicate any measures taken to counteract this practice
wherever it exists, and to present a report to the Working Group at its next
session;
9. Decides to continue to examine this matter at its forty-seventh
session and to consider the advisability of drafting, with the cooperation of
the World Health Organization, United Nations standards to ensure protection
against unlawful organ transplants;
II. ELIMINATION OF THE EXPLOITATION OF CHILD LABOUR
10. Decides to transmit the report of the Secretary-General on the
state of implementation of the Programme of Action on the Elimination of the
Exploitation of Child Labour (E/CN.4/Sub.2/1994/34) to the Commission on Human
Rights for its consideration;
E/CN.4/Sub.2/1994/L.11/Add.1
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11. Recommends that the Commission at its fifty-first session endorse
the recommendation of the Sub-Commission, contained in its resolution 1993/5
of 5 August 1993, to appoint Mrs. H.E. Warzazi as Special Rapporteur on the
exploitation of child labour and debt bondage, having regard to the importance
of this study;
12. Urges all States, while attempting to eliminate ultimately the
phenomenon of child labour, to adopt measures and regulations to protect child
labourers and to ensure that their labour is not exploited.
III. ERADICATION OF DEBT BONDAGE
13. Takes note with satisfaction of the promulgation by States of laws
against debt bondage and appeals to the Governments concerned to adopt all
measures to implement such laws;
14. Recommends that the specialized agencies and in particular the
financial institutions of the United Nations system ensure that the projects
they support do not use or in any way promote bonded labour;
IV. CHILD SOLDIERS
15. Requests the Secretary-General to transmit to the expert appointed
pursuant to General Assembly resolution 48/157 of 20 December 1993 the report
of the Working Group and any other information made available on this issue;
V. PREVENTION OF TRAFFIC IN PERSONS AND EXPLOITATION
OF THE PROSTITUTION OF OTHERS
16. Recommends that the Commission on Human Rights take into
consideration at its fifty-first session and eventually adopt the draft
programme of action for the prevention of trafficking in persons and
exploitation of the prostitution of others;
17. Requests the Secretary-General to appeal to the World Tourism
Organization to inscribe on the agenda for its next conference an item on sex
tourism and its development;
18. Recommends that Governments prohibit advertising which encourages
sex tourism, and encourages them to establish specific projects, with the
cooperation and financial contribution of the tourism industry for the
protection of the victims of traffic in persons and of prostitution from the
risk of contamination with the HIV virus and the spread of AIDS;
19. Recommends that Governments adopt legislation to punish their
citizens who make use of sex tourism when it involves child prostitution and
child pornography;
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20. Urges States to introduce and reinforce education programmes
alerting children to the risks of sexual exploitation and the consequences for
individuals and for society of such exploitation;
21. Recommends that States, non-governmental organizations, tourism
industry syndicates, religious leaders and grass-roots organizations take
urgent measures designed to protect minors from exposure to or involvement in
child pornography, and requests the Secretary-General to invite States to
provide information on measures taken or already applicable in this regard;
22. Also recommends that national bodies for the prevention of
prostitution be established in all States in order to assist in the
rehabilitation and reintegration of victims of prostitution;
VI. MIGRANT WORKERS
23. Urges States to ratify the convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families;
24. Strongly condemns practices of unequal treatment of migrant workers
and the denial to them of minimum human consideration and dignity;
25. Recommends to non-governmental organizations, in the framework of
their activities, to give attention to the grave problems affecting migrant
workers and to provide information to the Working Group in this regard;
VII. INCEST
26. Welcomes the decision of the Working Group to include this item in
its agenda for the twentieth session and to consider ways to combat incest and
the sexual abuse of children, and urges that adequate help be offered to
victims of such practices;
27. Urges Member States to take adequate steps to punish suitably the
perpetrators of this most heinous offence;
VIII. FORCED LABOUR
28. Considers that forced labour is a contemporary form of slavery;
29. Welcomes the decision of the Working Group to include this item in
the provisional agenda of its twentieth session;
IX. MISCELLANEOUS
30. Decides to transmit the information received concerning the sexual
exploitation of women and other forms of forced labour during wartime to the
Special Rapporteurs on the question of the impunity of perpetrators of
E/CN.4/Sub.2/1994/L.11/Add.1
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violations of human rights, and recommends that the Special Rapporteurs take
into consideration the information on this question received by the Working
Group during its nineteenth session;
31. Approves the timetable for the twentieth session proposed by the
Working Group (E/CN.4/Sub.2/1994/33, chap. VI.B, recommendation 8);
32. Requests the Secretary-General to seek the views and suggestions of
Member States and of intergovernmental and non-governmental organizations on
proposals for future action of the Working Group with a view to the
consideration of their replies by the Working Group at its forthcoming
sessions;
33. Appeals to all Governments to send representatives to the meetings
of the Working Group;
34. Encourages youth organizations and young persons from various
non-governmental organizations to participate in the meetings of the Working
Group;
35. Recommends that the Human Rights Committee, the Committee on
Economic, Social and Cultural Rights, the Committee on the Elimination of
Discrimination against Women and the Committee on the Rights of the Child,
when examining periodic reports of States parties, give particular attention
to the implementation of, respectively, articles 8 and 24 of the International
Covenant on Civil and Political Rights, articles 10, 12 and 13 of the
International Covenant on Economic, Social and Cultural Rights, article 6 of
the Convention on the Elimination of All Forms of Discrimination against Women
and articles 32, 34 and 36 of the Convention on the Rights of the Child, and
to include in their guidelines an item concerning contemporary forms of
slavery;
36. Also recommends that the supervisory bodies of the International
Labour Organisation and the Committee on Conventions and Recommendations of
the United Nations Educational, Scientific and Cultural Organization give
particular attention in their work to the implementation of provisions and
standards designed to ensure protection of children and other persons exposed
to contemporary forms of slavery, such as the sale of children, child
prostitution and child pornography, the exploitation of child labour, bonded
labour and the traffic in persons;
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37. Requests the Secretary-General to transmit to the committees
mentioned above, the Special Rapporteurs concerned and the Working Group on
Enforced or Involuntary Disappearances of the Commission on Human Rights the
recommendations of relevance to them contained in the report of the Working
Group;
38. Welcomes the decision of the Secretary-General to reassign to the
Working Group a Professional staff member of the Centre for Human Rights, as
was the case in the past, to work on a permanent basis to ensure continuity
and close coordination within and outside the Centre for Human Rights on
issues relating to contemporary forms of slavery, prepare documentation well
in advance and facilitate the attendance at the Working Group’s sessions of
the largest possible number of intergovernmental and non-governmental
organizations with competence in the fields examined;
39. Again requests the Secretary-General to designate the Centre for
Human Rights as the focal point for the coordination of activities and the
dissemination of information within the United Nations system for the
suppression of contemporary forms of slavery and to report on the measures
taken for that purpose to the Commission on Human Rights at its fifty-first
session and to the Working Group at its twentieth session;
40. Notes that the Economic and Social Council, in its
resolution 1993/48 of 28 July 1993, approved the endorsement by the Commission
on Human Rights of the recommendation made by the Sub-Commission in its
resolution 1992/2 of 14 August 1992 that arrangements regarding the
organization of the sessions of the Working Group on Contemporary Forms of
Slavery, as contained in Commission decision 1992/115 of 3 March 1992, be
repeated in subsequent years;
41. Recommends that the Commission make provision for adequate
discussion of the issue of contemporary forms of slavery and of the Working
Group’s report near the beginning of each session, thereby strengthening its
involvement in the activities of the Working Group on Contemporary Forms of
Slavery.
27th meeting
19 August 1994
[Adopted without a vote.]
E/CN.4/Sub.2/1994/L.11/Add.1
page 14
1994/6. United Nations Trust Fund on Contemporary Forms of Slavery
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling General Assembly resolution 46/122 of 17 December 1991,
Taking into account the recommendation made by the Working Group on
Contemporary Forms of Slavery at its nineteenth session (E/CN.4/Sub.2/1994/33,
pp. 30-31),
1. Thanks the representative of the United Nations Voluntary Trust
Fund on Contemporary Forms of Slavery for his constructive participation in
the proceedings of the Working Group;
2. Appeals to all Governments, governmental and non-governmental
organizations, private institutions and individuals to respond favourably to
requests for contributions to the Fund, and urges them to publicize the
establishment and function of the Fund, so as to increase general awareness of
its existence;
3. Considers it essential, in order to make the Trust Fund more
effective, that the General Assembly consider amending the criteria for the
Fund contained in its resolution 46/122 of 17 December 1991, in order to
clarify the purposes of the Fund by reprioritizing them and, consequently, to
reprioritize the potential beneficiaries, by reversing the order of
subparagraphs 1 (e) (i) and 1 (e) (ii) of resolution 46/122;
4. Recommends that the Commission on Human Rights endorse the
recommendation of the Sub-Commission described in paragraph 3 of the present
resolution;
5. Requests the Secretary-General to study ways and means to draw the
attention of potential donors to the important role played by the Fund and to
mention on the list of donors both public and private donors;
6. Invites a representative of the Fund to attend the
twentieth session of the Working Group.
27th meeting
19 August 1994
[Adopted without a vote.]
E/CN.4/Sub.2/1994/L.11/Add.1
page 15
1994/7. Machinery for monitoring the international conventions
on slavery
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1993/7 of 20 August 1994,
Noting paragraphs 3, 4, 5 and 6 of Commission on Human Rights
resolution 1994/25 of 4 March 1994,
1. Recommends the following draft decision to the Commission on Human
Rights for adoption:
"The Commission on Human Rights, taking note of Sub-Commission
on Prevention of Discrimination and Protection of Minorities
resolution 1994/7 of 19 August 1994, decides that the Working Group on
Contemporary Forms of Slavery should continue its work and that for the
purpose of reviewing the implementation of the conventions on slavery,
authorizes the Working Group to request information from Member States
with a view to formulating concrete recommendations; also decides: to
authorize the Working Group to cooperate with the Governments concerned
in the review and evaluation of ways and means to eradicate slavery in
all its forms and to request contributions to the work of the Working
Group from experts of the United Nations Children’s Fund, the
International Labour Organisation, the United Nations Educational,
Scientific and Cultural Organization, the World Health Organization and
the International Criminal Police Organization; to authorize the
Sub-Commission to appoint the members of the Working Group for a period
of three years; and to examine this matter at regular intervals to verify
the efficiency of the mechanism proposed."
27th meeting
19 August 1994
[Adopted without a vote.]
1994/8. Children and the right to adequate housing
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling the recognition and legal foundations of the right to adequate
housing in, inter alia, the Universal Declaration on Human Rights (art. 25.1),
the International Covenant on Economic, Social and Cultural Rights,
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page 16
(art. 11.1), the Convention on the Elimination of All Forms of Racial
Discrimination (art. 5 (e) (iii)) and the Convention on the Rights of the
Child (art. 27.3),
Recalling also resolution 1992/10 of 21 February 1992 of the Commission
on Human Rights, in which it took note with particular interest of General
Comment No. 4 (1991) on the right to adequate housing (E/1992/23, annex III)
adopted by the Committee on Economic, Social and Cultural Rights at its
sixth session, resolution 1993/77 of 10 March 1993 entitled "Forced evictions"
and resolution 1994/14 of 25 February 1994 entitled "Promoting the realization
of the right to adequate housing", adopted without a vote by the Commission on
Human Rights at its forty-ninth and fiftieth sessions respectively,
Recalling further its resolutions 1991/12 of 26 August 1991, 1992/14 of
27 August 1992 and 1993/41 of 26 August 1993, entitled "Forced evictions",
Conscious that one of the areas where the indivisibility and
interdependence of human rights and of the rights of children become most
apparent is with respect to the existence of widespread poverty leading to
inadequate housing and living conditions,
Aware of the worsening situation around the world of the living
conditions of children and of the fact that tens of millions of children are
being forced to live in the streets, in slums and on pavements, and that this
number is growing daily,
Concerned at the especially adverse living conditions of children
belonging to vulnerable groups, including indigenous people and ethnic,
racial, religious and other minorities,
Deeply concerned at the particularly adverse effects of forced evictions
on the health, well-being and development of children,
Stressing in general the adverse impact of poverty, and in particular of
inadequate living and housing conditions, on the realization of the basic
rights of children, including the right to food, to health, to education and
the right to birth registration,
Stressing also that the various competent supervisory mechanisms,
including the Committee on the Rights of the Child, as well as the specialized
agencies of the United Nations system, need to focus more on the impact of
inadequate living and housing conditions on the realization of the economic,
social and cultural rights of children and their families in all parts of the
world,
E/CN.4/Sub.2/1994/L.11/Add.1
page 17
1. Reminds Governments to comply to the maximum extent of available
resources with all existing obligations concerning the legally recognized
rights of children to an adequate standard of living and the continuous
improvement of living and housing conditions;
2. Recognizes the importance in this regard of international
cooperation and the need for cooperation between Governments, non-governmental
organizations and international agencies;
3. Recommends that the Special Rapporteur on the promotion of the
realization of the right to adequate housing devote special attention in his
final report, to be submitted in 1995, on the impact that violations of the
right to adequate housing have on the realization of the full range of the
rights of the child;
4. Also recommends that all relevant special rapporteurs, in
particular the Special Rapporteurs on extreme poverty and on population
transfer, take into account the question of the housing rights of children and
their families in the preparation of their reports;
5. Requests the Committee on the Rights of the Child to give special
attention to the issue of the housing rights of children and their families
when examining States parties’ reports and to consider developing appropriate
indicators to assess the state of children’s housing and living conditions;
6. Also requests the Committee on the Rights of the Child to consider
devoting a day of general discussion to the impact of poverty and inadequate
living and housing conditions on the economic, social and cultural rights of
children;
7. Invites the United Nations Children’s Fund to consider including,
in its publications The State of the World’s Children and The Progress of
Nations, a separate section on the state of children’s housing rights and to
support actively local, national and international initiatives aimed at
improving children’s living and housing conditions;
8. Requests the specialized agencies and organizations and bodies of
the United Nations system to devote special attention to the issue of children
and housing rights in their policies, programmes and publications, and to
develop and promote the application of reliable indicators to assess the state
of children’s housing rights;
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page 18
9. Urges the international financial institutions, in particular the
World Bank and the International Monetary Fund, to take fully into account the
human rights implications for children of their policies, in particular
structural adjustment programmes and the funding of large-scale development
projects;
10. Requests Governments, the specialized agencies and organizations
and bodies of the United Nations system to develop effective strategies for
rapidly improving the housing and living conditions of children throughout the
world, in full consultation with and with the full participation of children
themselves, their representatives and community-based non-governmental and
other relevant groups;
11. Decides to review the matter of children and the right to adequate
housing at its forty-seventh session, under the relevant agenda item.
27th meeting
19 August 1994
[Adopted without a vote.]
1994/9. Situation of children deprived of their liberty
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the provisions of the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human
Rights and the Convention on the Rights of the Child,
Mindful of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice ("The Beijing Rules"), the United Nations
Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
and the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty, as well as of the Standard Minimum Rules for the Treatment of
Prisoners,
Recalling its resolution 1992/25 of 27 August 1992 and Commission on
Human Rights resolution 1993/80 of 10 March 1993 entitled "Application of
international standards concerning the human rights of detained juveniles", in
which concern was expressed that, because of the great vulnerability of
juveniles to various forms of abuse, neglect and injustice and the profound
and indelible impact of such traumatic experiences on their developing
E/CN.4/Sub.2/1994/L.11/Add.1
page 19
personalities, violations of the human rights of detained juveniles had
serious and far-reaching consequences for the juveniles concerned and for
society,
Conscious of its responsibility to contribute to the promotion and
encouragement of respect for the rights of children,
Reiterating its deep concern about the situation of children deprived of
their liberty and the violation of their fundamental human rights, in
particular the deprivation of their rights to life, physical integrity and
security of person, humane treatment, and separation from adult criminals in
prison establishments,
1. Invites the Committee on the Rights of the Child to give priority
to an in-depth examination of the topic "Situation of children deprived of
their liberty";
2. Urges all the relevant human rights treaty monitoring bodies, the
United Nations Children’s Fund, the International Labour Organisation, the
United Nations Educational Scientific and Cultural Organization, the World
Health Organization and the International Criminal Police Organization,
Governments, and other intergovernmental and non-governmental organizations to
give particular attention in their work to the grave situation of children
deprived of their liberty and to the implementation of provisions and
standards designed to ensure their protection;
3. Requests the Secretary-General to submit to the Sub-Commission at
its forty-seventh session a note on the situation of children deprived of
their liberty under the agenda sub-item entitled "Prevention of discrimination
and protection of children: human rights and youth".
27th meeting
19th August 1994
[Adopted without a vote.]
1994/10. Human rights and disability
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Recalling its resolution 1993/22 of 20 August 1993 and the reference
therein to the 1993 Vienna Declaration and Programme of Action, adopted by the
World Conference on Human Rights, which reaffirm that persons with
E/CN.4/Sub.2/1994/L.11/Add.1
page 20
disabilities should be guaranteed equal opportunity through the elimination of
all barriers, be they physical, financial, social or psychological, which
exclude or restrict full participation in society,
Noting the report prepared by the Secretary-General
(E/CN.4/Sub.2/1994/35) pursuant to the request of the Sub-Commission in
resolution 1993/22 for information on the coordination endeavours, and their
results, undertaken by the various United Nations organs and bodies concerned
with the protection of disabled persons and the discussion in that report of
monitoring work expected to be undertaken by both the new special rapporteur
and the Commission for Social Development, regarding the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96, annex),
Noting also that the Commission on Human Rights, in its
resolution 1994/27 of 4 March 1994, reaffirmed its commitment to ensuring that
the rights of persons with disabilities and their concern for full
participation in community affairs continue to be addressed in all of its
work,
Recognizing that the Standard Rules in themselves do not contain legal
clauses that obligate States to respect pertinent provisions of the
International Bill of Human Rights and other human rights instruments, such as
the Convention on the Rights of the Child,
Mindful of the Sub-Commission’s continuing responsibility, under
Commission on Human Rights resolution 8 (XXIII) and Economic and Social
Council resolution 1235 (XLII), to study, each year, situations which reveal a
consistent pattern of violations of human rights and fundamental freedoms set
out in the International Bill of Human Rights and in pertinent United Nations
treaties,
Mindful also of Mr. Leandro Despouy’s prediction in his report entitled
Human Rights and Disabled Persons (United Nations publication, Sales No.
E.92.XIV.4, para. 280) that, at the conclusion of the Decade of Disabled
Persons, those persons will find themselves at a disadvantage in relation to
other vulnerable groups such as refugees, women and migrant workers,
E/CN.4/Sub.2/1994/L.11/Add.1
page 21
1. Requests the Secretary-General to report in 1995 to the
Sub-Commission regarding coordination endeavours which affect disabled
persons, with emphasis on activities of the other United Nations organizations
and bodies that deal with alleged violations of the legal obligations of
States under the International Bill of Human Rights and United Nations
treaties that protect disabled persons;
2. Also requests the Secretary-General, in response to the concern of
the General Assembly expressed in resolution 48/99 of 20 December 1993
regarding the need to give higher priority and visibility to disability
issues, to help ensure, first, a wider distribution of Mr. Leandro Despouy’s
report entitled Human Rights and Disabled Persons (United Nations publication,
Sales No. E.92.XIV.4) and, second, an expanded discussion of juridical aims
that might be achieved were there appropriate exercise of the Ombudsman
function briefly described in that report (para. 281 (b));
3. Decides to remain seized of the question and to consider it at its
forty-seventh session under the same agenda item.
27th meeting
19 August 1994
[Adopted without a vote.]
1994/108. Slavery during wartime
At its 27th meeting, on 19 August 1994, the Sub-Commission on Prevention
of Discrimination and Protection of Minorities, taking note of the information
concerning slavery and slavery-like practices during wartime which was
received by the Working Group on Contemporary Forms of Slavery at its
nineteenth session and by the Sub-Commission at its present session, bearing
in mind the importance of this information, which requires an in-depth study
as a matter of priority, recalling its resolution 1993/24 of 25 August 1993 on
slavery and slavery-like practices in which it decided to entrust
Mrs. Linda Chavez, as Special Rapporteur, with the task of undertaking an
in-depth study on the situation of systematic rape, sexual slavery and
slave-like practices during wartime including, internal armed conflict and
considering decision 1994/103 of 4 March 1994, in which it requested the
Sub-Commission to reconsider its decisions to recommend a number of studies
E/CN.4/Sub.2/1994/L.11/Add.1
page 22
and related efforts, including the above-mentioned study, decided, without a
vote, to invite Mrs. Linda Chavez to submit without financial implications, a
working paper on the situation of systematic rape, sexual slavery and
slavery-like practices during wartime including internal armed conflict, to
the Sub-Commission at its forty-seventh session; to request the concerned
Governments, intergovernmental and non-governmental organizations to cooperate
with the expert in the preparation of her working paper and to consider this
subject at its forty-seventh session as a matter of priority.
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