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Summary record of the 44th meeting, Lake Success, New York, Friday, 14 [i.e. 21] May 1948 : Commission on Human Rights, Drafting Committee on an International Bill of Rights, 2nd session

UN Document Symbol E/CN.4/AC.1/SR.44
Convention International Covenant on Civil and Political Rights (ICCPR)
Document Type Summary Record
Session 2nd
Type Document

6 p.

Subjects Human Rights

Extracted Text

United Nations

Nations Unies


Lake Success, New York Friday, 14 May 1948, at 2:30 p.m.

Chairman; Mrs. Franklin D, ROOSEVELT United States of
America Rapporteur:
Vice-Chairman: Dr. Charles MALIK Lebanon
Members: Mr. E, J. R. HEYWOOD Australia
Dr. T. Y. WU China
Prof, CASSIN France
Mr. A. P. PAVLOV Union of Soviet
Socialist Republics
Mr. G. WILSON United Kingdom
Representatives of Specialized Agencies:
Mr. O. F. NOLDE World Federation of
United Nations ; Associations.
Mr. P. DEBAR United Nations Educa-
tional, Scientific and Cultural Organization
Consultant from Non-Governmental Organization:
Miss Toni SENDER American Federation
of .Labor ,.

Any corrections of this, record should "be submitted in writing, in either of the working languages (English or French), and within twenty four hours, to Mr. E. Delavenay, Director, Official Records Division, Room CG119, Lake Success,, Corrections should "be accompanied by or incorporated in a letter, on headed notepaper, hearing the appropriate symbol number and enclosed in an envelope marked "Urgent". Corrections can be dealt with more speedily by the services: concerned if delegations will be good enough also to Incorporate them in a mimeographed copy of, the record,

Page 2
On opening the meeting, the CHAIRMAN asked whether there would be any objection to the inclusion of the last paragraph of document E/CN.4/AC.119 in the draft report. It would be included as an additional article proposed "by the United States of America, with a note to the effect that no action had "been, taken upon it,,
As there was no objection, the paragraph was so included.
In reply to an inquiry from Mr. CASSIN (France) about a document containing supplementary articles proposed by his delegation, Mr. HUMPHREY (Secretariat) said that the document would presently be produced
Turning to Annex A of the draft report, the CHAIRMAN pointed
out that Articles 6-8, 21-22, 24-30, and 32-33 in the draft of the
International Declaration of Human Rights should bear the notation,
"Text originally proposed by the Commission on Human Rights" or
"Geneva text".
The Chairman also proposed the following amendments, which were agreed without discussion:
Page 11: Substitution of the words "alternative texts" for the words "amendments and comments" and of the words "this purpose" for the word "consideration" in the Note preceding Article 23
Page 11: Addition of the words "for Articles 23 and 24" after the heading "Alternative text .suggested by the United States".
, ; Page 15: Addition in parenthesis of the words "First Session" after the heading "Text proposed by the Drafting Committee" under Article 31.
Prof. CASSIN (France) observed that the French translation of the draft report appeared defective in some minor respects. He must therefore make some reservation as to his acceptance, of it in its present form.

Page 3

Mr. WU (China) had no amendments to offer to the draft report, tut pointed out that his own draft on the Declaration, which was quite different, had not "been discussed at all. He would like to have it included in the report.
The CHAIRMAN said that the Chinese draft would go at the end of
the report. She had "been under the impression that its inclusion had already
"been decided. Speaking as representative of the United States, she expressed
her delegation's great interest in the Chinese draft.
Mr. PAVLOV (Union/ Goviet Socialist Republics) remarked that he had
tmderstood that twenty-four" hours would be allowed for presentation of amendments to a document. He had only just received the present document, and was not yet sure to what extent it reflected the Drafting Committee's work. He must therefore reserve his opinion upon it.
At first glance, he could not see his own views recorded in the report, nor all of the various rights which had "been mentioned in the course of the discussions. He thought that they should have been included and that the USSR amendments should have been noted. The most substantial of those amend-ments concerned freedom of assembly and association, on which subject he had proposed that Fascist gatherings and associations should he forbidden.
He had understood that Article 15 was to be omitted altogether, but the original text remained in the draft report. There should be added to it an explanation that the right of nationality was to he defined according to the laws of the respective countries. With regard to the right of asylum, de-fined in Article 11, he had proposed that that right should be granted to persons persecuted "because of their progressive viewpoint, "but not to Fas-cist groups and individuals. That proposal should "be stated.
/ Article 7

Page 4
Article 7 in the draft was a pale reflection of the original text, which should have "been included as an alternative. The USSR delegation had made observations on that subject which were not recorded in the report,
Mr. MALIK (Lebanon) Rapporteur, pointed out that the USSR repre-sentative had raised two different questions. Alternative texts had been included in the draft report when delegations had expressed a wish that they should he so included, If the USSR representative had specific alternative texts, which he wished to have included, and would submit them to the Rapporteur, they would "be included.
"With regard to views expressed in the course of debate, those were embodied in the Summary Records of the meetings, as was stated in paragraph 9, page 4, of the draft report. That was the same procedure as had "been followed at Geneva,
In reply to an inquiry from the CHAIRMAN, Mr. PAVLOY (Union of Soviet
Socialist Republics) said that he would submit specific alternative texts.
After some discussion as to whether the draft report, included in full
the compromise article proposed in substitution of Articles 6-8 (formerly
of 5-7), Mr. PAVLOY (Union/ Soviet Socialist Republics) repeated his observation
that he had not had sufficient time to study the document and must therefore
reserve his right to return to the subject.
The CHAIRMAN explained that at the morning meeting, at which the Soviet representative had not been present, the Committee had agreed to . complete work on the report at the afternoon meeting in order to enable the Secretariat to have the report ready for distribution to the Commission on Human Rights at the opening of its session on 2k May,

Page 5
Mr. MALIK (Lebanon) Rapporteur pointed out that even after dis-tribution of the report it would be possible for any representative to submit corrigenda and addenda.
Prof. CASSIN (France) stated that in order to facilitate the work of the Secretariat he would not request inclusion in the report of the French amendments to Articles 11, 12 and 15 but he reserved the right to bring the subject up for discussion in the Commission on Human Rights.
After some discussion of the revised text of paragraph 5 of the report of the Drafting Committee proposed by the representatives of Chile and China, it was agreed that the final drafting should be left to the Rapporteur.
Referring to the question of the designation of alternates raised in paragraph 5, Mr. PAVLOV (Union of Soviet Socialist Republics) commented that, although he was listed in the report as an alternate, the Soviet Government had actually designated him as its representative, at the forth-coming session of the Commission on Human Rights.
Mr. MALIK (Lebanon) Rapporteur explained that the rules of procedure of the Economic and Social Council provided that an alternate could not be considered as a representative without confirmation by the Council,
Mr. PAVLOV (Union of Soviet Socialist Republics) observed that discussion of Article 3 of the Covenant which had been postponed until the question of implementation was considered had never actually taken place. If Article 3 were considered by the Committee, the Soviet delegation would favour deletion of the text.

Page 6
Mr. MALIK (Lebanon) Rapporteur, explained that the opinion of the Soviet delegation would "be noted in the summary record. The report was reserved for the inclusion of texts proposed as alternate drafts.
All articles which had not "been discussed "by the Drafting Committee would be listed.
After Mr. MALIK (Lebanon) had expressed the Committee's appreciation of the Chairman's excellent direction of the work of the Drafting Committee, the' second session was declared closed.
The meeting rose at 4 p.m.