UN Human Rights Treaties

UNITED NATIONS
A
General Assembly
Distr.
GENERAL
A/49/668
15 November 1994
ORIGINAL: ENGLISH
Forty-ninth session
Agenda item 100 (d)
HUMAN RIGHTS QUESTIONS: COMPREHENSIVE IMPLEMENTATION OF AND
FOLLOW-UP TO THE VIENNA DECLARATION AND PROGRAMME OF ACTION
Follow-up to the World Conference on Human Rights
Report of the Secretary-General
CONTENTS
Paragraphs Page
I. INTRODUCTION ....................................... 1 3
II. THE OUTCOME OF VIENNA - A PROMISE AND CHALLENGE TO
THE INTERNATIONAL COMMUNITY ........................ 2 - 10 3
III. COORDINATION OF HUMAN RIGHTS WITHIN THE UNITED
NATIONS SYSTEM ..................................... 11 - 16 5
IV. UNIVERSAL RATIFICATION OF HUMAN RIGHTS INSTRUMENTS . 17 - 19 6
V. ADAPTATION AND STRENGTHENING OF UNITED NATIONS
MACHINERY FOR HUMAN RIGHTS, AND ESTABLISHMENT OF THE
HIGH COMMISSIONER FOR HUMAN RIGHTS ................. 20 - 25 7
VI. RESPONSE TO ACUTE HUMAN RIGHTS VIOLATIONS .......... 26 - 28 8
VII. RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND OTHER
FORMS OF INTOLERANCE ............................... 29 - 37 9
VIII. PERSONS BELONGING TO NATIONAL OR ETHNIC, RELIGIOUS
AND LINGUISTIC MINORITIES .......................... 38 - 43 10
IX. INDIGENOUS PEOPLE .................................. 44 - 49 11
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CONTENTS (continued)
Paragraphs Page
X. MIGRANT WORKERS .................................... 50 - 53 12
XI. EQUAL STATUS AND HUMAN RIGHTS OF WOMEN ............. 54 - 60 13
XII. THE RIGHTS OF THE CHILD ............................ 61 - 67 15
XIII. FREEDOM FROM TORTURE ............................... 68 - 73 16
XIV. ENFORCED DISAPPEARANCES ............................ 74 - 78 17
XV. THE RIGHTS OF DISABLED PERSONS ..................... 79 - 82 18
XVI. COOPERATION AND THE RIGHT TO DEVELOPMENT ........... 83 - 98 18
XVII. ADVISORY SERVICES AND TECHNICAL ASSISTANCE ......... 99 - 108 21
XVIII. EDUCATION AND DISSEMINATION OF INFORMATION ......... 109 - 116 23
XIX. NATIONAL INSTITUTIONS AND NON-GOVERNMENTAL
ORGANIZATIONS ...................................... 117 - 121 24
XX. IMPLEMENTATION AND MONITORING ...................... 122 - 133 25
XXI. CONCLUSIONS ........................................ 134 - 139 27
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I. INTRODUCTION
1. The present report is submitted pursuant to paragraph 10 of General
Assembly resolution 48/121 of 20 December 1993 on the World Conference on Human
Rights, in which the Secretary-General was requested to report annually to the
Assembly on the measures taken and the progress achieved in the implementation
of the recommendations adopted by the World Conference on Human Rights, held at
Vienna in June 1993. The report focuses on the activities directly related to
the Vienna document. Its structure follows the order of the Vienna Declaration
and Programme of Action 1/ adopted by the Conference so that specific activities
are highlighted in different parts of the report, especially with regard to
advisory services and technical assistance. The Centre for Human Rights and the
question of resources for the human rights programme, dealt with in the Vienna
Declaration and Programme of Action in separate chapters, are covered by the
report of the Secretary-General on the strengthening of the Centre for Human
Rights (A/49/595). The activities of the High Commissioner for Human Rights are
also dealt with in his report to the General Assembly (A/49/36).
II. THE OUTCOME OF VIENNA - A PROMISE AND CHALLENGE TO THE
INTERNATIONAL COMMUNITY
2. The Vienna Declaration and Programme of Action is a reaffirmation of the
solemn commitment of all States to promote and protect all human rights and
fundamental freedoms. The document, in essence, charts the course of action of
the international community well into the next century. It is a universal
document adopted after all nations of the world had the opportunity to determine
their own human rights preoccupations, including in the framework of regional
and local human rights institutions. The Vienna Declaration and Programme of
Action constitutes the crowning piece of a long process of consultation and
joint action with the participation not only of Governments but also of United
Nations organs and bodies, human rights treaty bodies, regional
intergovernmental organizations, as well as organizations representing all
segments of civil society, including national institutions and non-governmental
organizations.
3. The Vienna Declaration and Programme of Action provides the United Nations
with a framework of principles and a programme of activities, approved by
consensus, to achieve the objectives of the Charter of the United Nations in the
field of human rights. The World Conference took an integrated and systematic
approach regarding the protection of human rights, the strengthening of
democracy and sustainable development. It identified major obstacles to the
implementation of human rights, and shortcomings, especially in the
international protection of those rights, and specified concrete measures which
should help to overcome the existing difficulties.
4. The World Conference reaffirmed the universality of all human rights as the
birthright of all human beings. It recognized that their promotion and
protection were the first responsibility of Governments and, in the framework of
the purposes and principles of the United Nations, constituted a legitimate
concern of the international community. The Conference stressed the close
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interrelationship between democracy, development and respect for human rights
and reaffirmed the right to development as a human right. It underlined that
all human rights, civil, cultural, economic, political and social, were
universal, indivisible, interdependent and interrelated and must be treated
globally in a fair and equal manner, on the same footing, and with the same
emphasis. Further, it pointed out that the efforts of the United Nations system
towards the universal respect for and observance of human rights and fundamental
freedoms for all, contributed to the stability and well-being necessary for
peaceful and friendly relations among nations, and to improved conditions for
peace and security as well as social and economic development. In Vienna, the
international community gave priority to action aimed at the full and equal
enjoyment by women of all human rights and stressed the importance of the
effective protection of the rights of the child.
5. The Vienna Declaration and Programme of Action reaffirmed the human rights
of persons belonging to national or ethnic, religious and linguistic minorities
and recognized the inherent dignity of indigenous people and their unique
contribution to the development and plurality of society. It reinforced
policies and programmes to eliminate racism and racial discrimination,
xenophobia and related intolerance. It called on all Governments to enact
appropriate legislation to combat all forms of racism and to establish national
institutions to prevent such phenomena.
6. The role of education for human rights was underlined repeatedly in the
Vienna Declaration and Programme of Action as a crucial element in building
future respect for human rights. The World Conference also recognized the value
of technical cooperation programmes aimed at strengthening democratic
institutions, the rule of law and national human rights infrastructures, and
stressed the enhanced role that regional organizations, national institutions as
well as non-governmental organizations had to play in the promotion and
protection of human rights.
7. The World Conference recognized the vital role of international cooperation
as well as coordination of efforts undertaken in the field of human rights by
Governments, relevant specialized agencies and programmes and non-governmental
organizations. It urged the agencies and programmes of the United Nations to
cooperate in order to strengthen, rationalize and streamline their activities in
the field of human rights. It set the universal acceptance of international
human rights instruments as an important objective and called for concerted
efforts to that end.
8. The General Assembly, in resolution 48/121, endorsed the Vienna Declaration
and Programme of Action and called upon all States and requested all organs and
bodies of the United Nations system dealing with human rights to take further
action with a view to the full implementation of all recommendations of the
Conference. Governments, the United Nations system, regional organizations, as
well as national institutions and non-governmental organizations, have their own
role to play in giving effect to the outcome of the Conference.
9. The implementation of the Vienna Declaration and Programme of Action
requires more than a number of isolated activities. International cooperation
and an organizational framework to that end are strongly needed. A detailed
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plan for the implementation of the Vienna Declaration and Programme of Action,
enriched by the input of specialized agencies and United Nations programmes,
continuously verified in practice, has been developed in order to guide the
United Nations activities in the field of human rights.
10. It was in order to build upon the Vienna spirit of cooperation and
solidarity, and to be able to respond fully to the new challenges ahead in the
post-Vienna period, that the international community agreed by consensus to the
establishment of the post of United Nations High Commissioner for Human Rights,
whose mandate includes enhancing international cooperation in the field of human
rights. The High Commissioner therefore provides policy direction and guidance
to the implementation of the Vienna Declaration and Programme of Action,
including the coordination of efforts to that end. Through the moral authority
given to the High Commissioner by the community of States, the challenges and
opportunities of implementing the Vienna Declaration and Programme of Action are
closely identified with his own activity. To facilitate the implementation of
the Vienna recommendations, the High Commissioner has established a continuous
dialogue with Governments, United Nations agencies and programmes, regional
organizations, national institutions and non-governmental organizations. The
High Commissioner’s report to the General Assembly contains specific information
on his activities aimed at implementing the Vienna Declaration and Programme of
Action.
III. COORDINATION OF HUMAN RIGHTS WITHIN THE UNITED
NATIONS SYSTEM
11. The Vienna Declaration and Programme of Action provides for the enhancement
of international coordination in the field of human rights as essential for the
full achievement of the human rights programme of the United Nations. The
Conference urged all United Nations organs, bodies and the specialized agencies
whose activities deal with human rights to cooperate in order to strengthen,
rationalize, and streamline their activities. By General Assembly resolution
48/141 of 20 December 1993, the responsibility for the system-wide coordination
of efforts is vested with the High Commissioner for Human Rights.
12. Today, human rights are considered a fundamental expression of a new
international awareness which permeates all United Nations activities. Priority
consideration to human rights thus contributes to the integration of United
Nations system-wide activities.
13. At the last session of the Administrative Committee on Coordination (ACC),
which was held in April 1994, human rights was on the agenda for the first time.
The session was attended by the heads of United Nations agencies and programmes.
The High Commissioner submitted specific recommendations for further action and
stressed the need for a permanent dialogue within the system to promote human
rights through a systematic exchange of information, experience and expertise.
ACC concluded its work by affirming the commitment of all agencies to the
implementation of the Vienna Declaration and Programme of Action through a
number of specific measures, including an assessment of the strategies and
policies adopted by the members of ACC on the enjoyment of human rights. ACC
also agreed upon examination of methods which should facilitate systematic
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inter-agency exchange of information. Emphasis was placed on human rights
training for international civil servants, particularly for those active in the
field of development, peacemaking and peace-building. The members of ACC
declared their support for the action taken by the High Commissioner to fulfil
his mandate with regard to the system-wide coordination of human rights
activities.
14. The High Commissioner for Human Rights undertakes initiatives aiming at
concluding working agreements with a number of United Nations agencies and
programmes. These define the framework for cooperation at the operational
level. A joint work programme has already been signed with the United Nations
Educational, Scientific and Cultural Organization, in 1994, and others are
planned for 1995.
15. The High Commissioner has established a constructive and intensive dialogue
with the Commission on Human Rights and its Subcommission, as well as human
rights treaty bodies. This dialogue aims to bring about better coordination of
efforts, strengthening of the efficiency of human rights machinery, and
elaboration of guidelines for its adaptation to current and future needs. The
High Commissioner recognizes that ensuring follow-up to the decisions and
recommendations of these organs and bodies is one of his primary
responsibilities (see also para. 114 below).
16. The High Commissioner is assisted in his coordination responsibilities
within the United Nations system by the Centre for Human Rights. A system of
continuous inter-institutional consultation and exchange of information at the
working level will be established within the Centre for Human Rights to prepare
the substantive input in selected areas (for example, development, children, and
education) and for immediate activities (for example, the International Year of
the Family, the World Summit for Social Development, and the Fourth World
Conference on Women: Action for Equality, Development and Peace).
IV. UNIVERSAL RATIFICATION OF HUMAN RIGHTS INSTRUMENTS
17. Strengthening the international legal framework for the promotion and
protection of human rights was a fundamental concern of the World Conference.
It thus strongly recommended that a concerted effort be made to encourage and
facilitate the universal acceptance of international human rights instruments
and invited States to consider limiting the extent of reservations to
international instruments, to formulate them as precisely and narrowly as
possible and review them regularly with a view to withdrawing them. The High
Commissioner places primary emphasis on the activities of the Centre for Human
Rights aimed at facilitating universal ratification.
18. The Secretary-General addressed letters to all Heads of State urging that
their Governments accept those principal human rights treaties to which they are
not yet a party. The High Commissioner, in his contacts and dialogue with
high-level government officials, also encourages universal accession to
international human rights treaties. The chairpersons of the human rights
treaty bodies, during their fifth meeting held in September 1994, welcomed these
initiatives. The chairpersons consider it of the utmost importance that the
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issue of ratification be brought regularly to the attention of non-States
parties whenever possible in contacts between Governments and senior officials
of the United Nations.
19. In furtherance of universal acceptance of the principal human rights
instruments, the chairpersons of the Human Rights Committee and the Committee on
the Elimination of Racial Discrimination undertook separate initiatives in which
they addressed letters to the Foreign Ministers of those new States of the
former Soviet Union which had not as yet formally notified the Secretary-General
of their Governments’ accession to the International Covenant on Civil and
Political Rights or the International Convention on the Elimination of All Forms
of Racial Discrimination. In their letters, the chairpersons of those two
treaty bodies urged that such notification be given without further delay.
V. ADAPTATION AND STRENGTHENING OF UNITED NATIONS MACHINERY FOR
HUMAN RIGHTS, AND ESTABLISHMENT OF THE HIGH COMMISSIONER
FOR HUMAN RIGHTS
20. The World Conference on Human Rights recognized the necessity for
continuing adaptation of United Nations human rights machinery to the current
and future needs in the promotion and protection of human rights. It
recommended that the General Assembly consider, as a matter of priority, the
question of the establishment of a High Commissioner for Human Rights for the
promotion and protection of all human rights. The World Conference also
recommended the strengthening of the United Nations machinery.
21. On 12 November 1993, the Third Committee of the General Assembly created a
working group to consider the establishment of a United Nations High
Commissioner for Human Rights, and thereafter to consider other aspects of the
implementation of the recommendations set out in section II, paragraphs 17
and 18 of the Vienna Declaration and Programme of Action. The Working Group
produced a consensus draft resolution on the establishment of a United Nations
High Commissioner for Human Rights, which was subsequently approved by the Third
Committee and adopted without a vote by the General Assembly on 20 December 1993
in resolution 48/141. The working group is continuing its work during the
current session of the General Assembly to fulfil the second part of its
mandate.
22. Under the above resolution, the High Commissioner for Human Rights is the
United Nations official with the principal responsibility for United Nations
human rights activities under the direction and authority of the
Secretary-General and within the overall framework of the competence, authority
and decisions of the General Assembly, the Economic and Social Council and the
Commission on Human Rights. The General Assembly approved the nomination of
Mr. José Ayala-Lasso as the first High Commissioner on 14 February 1994 and he
took up his duties in Geneva on 5 April 1994.
23. The Commission on Human Rights, in its decision 1994/111 of 11 March 1994,
established an informal, open-ended working group to discuss: (a) the
reclustering of the Commission’s agenda, with a view to proposing a provisional
agenda for the fifty-first session, (b) organizational matters related to the
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above, including the organization of work and documentation, and (c) a
preliminary inventory of other reforms. The Working Group held its session from
12 to 23 September 1994. The Chairman will report on its outcome to the
Commission at its fifty-first session.
24. The World Conference on Human Rights stressed the importance of
strengthening the infrastructure of the United Nations human rights programme.
Full funding of this programme is a prerequisite for the effective
implementation of all aspects of the Vienna Declaration and Programme of Action.
25. Current needs in the promotion and protection of human rights make the use
of modern technology indispensable, in particular with regard to information and
documentation. The creation within the Centre for Human Rights of a human
rights database, integrating the flow of information and documentation, will
decisively enhance and support the work of human rights organs and treaty
bodies, facilitate the access of Governments to information on human rights, and
advance overall cooperation in the field of human rights.
VI. RESPONSE TO ACUTE HUMAN RIGHTS VIOLATIONS
26. The World Conference welcomed the convening of emergency sessions of the
Commission on Human Rights as a positive initiative and recommended the
consideration of other ways of responding to acute violations of human rights.
27. In April-July 1994, the most serious of human rights violations on a
massive scale affected hundreds of thousands of people in Rwanda. On 24 and
25 May 1994, at the request of the Government of Canada, the Commission on Human
Rights held a special session on the situation of human rights in Rwanda. It
decided at that session to establish a special rapporteur and requested him to
visit Rwanda and to report on an urgent basis to the members of the Commission
on the human rights situation in that country. It also requested the Special
Rapporteur to gather and compile information on possible violations of human
rights and acts which might constitute breaches of international humanitarian
law and crimes against humanity, including acts of genocide, in Rwanda. The
Special Rapporteur has already delivered two reports. The High Commissioner
visited Rwanda twice in order to assess the situation and evaluate existing
needs and, subsequently, to strengthen the human rights presence there. In
consultation with the Government of Rwanda, the High Commissioner decided to
increase the number of human rights personnel in Rwanda to 147. These personnel
have four specific mandates: (a) to carry out investigations into violations of
human rights and humanitarian law, essentially for the purpose of the Commission
of Experts; (b) to monitor the ongoing human rights situation, essentially for
the purposes of the mandate of the Special Rapporteur, and through their
presence help redress existing problems and prevent possible human rights
violations from occurring; (c) to cooperate with other international agencies in
re-establishing confidence and thus facilitate the return of refugees and
displaced persons and the rebuilding of civic society; and (d) to implement
programmes of technical cooperation in the field of human rights, particularly
in the area of the administration of justice. The experience in Rwanda
exemplifies the spirit in which the High Commissioner may act in emergency human
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rights situations and in situations of post-conflict and reconstruction of the
basic human rights infrastructures of a country.
28. The need for the Commission on Human Rights to respond promptly to
emergency situations (for example, Rwanda) makes it necessary to consider the
creation of an adequate organizational framework for special sessions of this
organ.
VII. RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND
OTHER FORMS OF INTOLERANCE
29. The World Conference stressed that the elimination of racism and racial
discrimination was a primary objective of the international community and should
constitute a world-wide promotion programme in the field of human rights. It
urged all Governments to take immediate measures and to develop strong policies
to prevent and combat all forms and manifestations of racism, xenophobia or
related intolerance. It also appealed to all States parties to the
International Convention on the Elimination of All Forms of Racial
Discrimination to consider making the declaration under article 14 of the
Convention.
30. The General Assembly, by its resolution 48/91 of 20 December 1993, decided
to proclaim the Third Decade to Combat Racism and Racial Discrimination and to
adopt the Programme of Action for the Decade annexed to the resolution. A
report submitted to the Economic and Social Council, 2/ at its substantive
session in June-July 1994, contains a plan for short, medium and long-term
implementation of the Programme of Action.
31. The Commission on Human Rights, at its forty-ninth session, decided to
appoint, for a three-year period, a Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance. The Special
Rapporteur reports to the Commission on an annual basis. The Commission, in its
resolution 1994/64 of 9 March 1994, welcomed the Special Rapporteur’s proposal
concerning the organization of an interdisciplinary seminar on the problems of
the theoretical aspects and specific manifestations of contemporary forms of
racism, racial discrimination and xenophobia.
32. The Special Rapporteur on monitoring the transition to democracy in South
Africa, appointed in accordance with Subcommission resolution 1992/6 of
21 August 1992 and Commission resolution 1993/19 of 26 February 1993, visited
South Africa in 1994 and reported to the Commission and Subcommission. The
Special Rapporteur will visit South Africa in November 1994 and submit her final
report to the Commission and the Subcommission in 1995.
33. The General Assembly, on the recommendation of the Third Committee, adopted
decision 48/426 of 20 December 1993 on the draft model national legislation for
the guidance of Governments in the enactment of further legislation against
racial discrimination, revised by the Secretariat in accordance with the
comments made by the Committee on the Elimination of Racial Discrimination at
its fortieth and forty-first sessions.
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34. In the years 1993-1994, the Committee on the Elimination of Racial
Discrimination adopted eight general recommendations related to its area of
competence.
35. The World Conference called for countering intolerance and related violence
based on religion or belief, recognizing that every individual had the right to
freedom of thought, conscience, expression and religion. It also invited all
States to put into practice the provisions of the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
The Commission on Human Rights, in its resolution 1994/18 of 25 February 1994,
recognized inter alia that legislation alone was not enough to prevent
violations of human rights, including the right to freedom of religion or
belief, and urged all States to take all appropriate measures to combat hatred,
intolerance and acts of violence, including those motivated by religious
extremism, and to encourage understanding, tolerance and respect in matters
relating to freedom of religion or belief. The Human Rights Committee, during
its forty-eighth session in 1993 adopted a general comment to article 18, on
freedom of thought, conscience and religion, of the International Covenant on
Civil and Political Rights. The Special Rapporteur on religious intolerance
continues to report to the Commission on an annual basis.
36. The World Conference also called for combating the practice of ethnic
cleansing and bringing it to an end quickly. Victims of that practice were
entitled to appropriate and effective remedies. The Conference stressed that
all persons who perpetrated or authorized criminal acts associated with ethnic
cleansing were individually responsible and accountable for such human rights
violations. The General Assembly and the Commission on Human Rights, in their
respective resolutions, continue to condemn the practice of ethnic cleansing and
stress the responsibility of the perpetrators.
37. The High Commissioner gives priority to action by the Centre for Human
Rights, the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, and the Committee on the
Elimination of Racial Discrimination, particularly within the framework of the
Third Decade to Combat Racism and Racial Discrimination, related to racism,
racial discrimination, xenophobia and other forms of intolerance. Advisory
services and information concerning various aspects of racism, racial
discrimination and xenophobia, including the implementation of the International
Convention on the Elimination of All Forms of Racial Discrimination, are
available in the Centre for Human Rights to Member States upon request.
VIII. PERSONS BELONGING TO NATIONAL OR ETHNIC, RELIGIOUS
AND LINGUISTIC MINORITIES
38. The World Conference on Human Rights urged States and the international
community to promote and protect the rights of persons belonging to national or
ethnic, religious and linguistic minorities in accordance with the Declaration
on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities. It called for facilitation of the full participation of
persons belonging to minorities in all aspects of the political, economic,
social, religious and cultural life of society and in the economic progress and
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development in their country. The Conference called upon the competent bodies
to examine ways and means to effectively promote and protect the rights of
persons belonging to minorities and to provide, at the request of Governments,
qualified expertise in that regard, as part of the human rights programme of
advisory services and technical assistance.
39. The Commission on Human Rights, in its resolution 1994/22 of 1 March 1992,
inter alia, urged States to take, as appropriate, all the necessary
constitutional, legislative, administrative and other measures to promote and
give effect to the Declaration. It called upon the High Commissioner for Human
Rights to give due regard, within his mandate, to the Declaration. It called
upon the Secretary-General to make available, at the request of Governments
concerned, as part of the programme of advisory services and technical
assistance of the Centre for Human Rights, qualified expertise on minority
issues, human rights, dispute management, resolution and prevention, and to
assist in existing or potential situations involving minorities.
40. The Subcommission on Prevention of Discrimination and Protection of
Minorities, at its forty-sixth session, recommended that the Commission on Human
Rights establish an intersessional working group of the Subcommission to examine
inter alia peaceful and constructive solutions to situations involving
minorities.
41. The Human Rights Committee, during its fiftieth session in 1994, adopted a
general comment to article 27 on protection of persons belonging to ethnic,
religious or linguistic minorities, of the International Covenant on Civil and
Political Rights.
42. The High Commissioner attaches great importance to the protection of
minorities. He is systematically drawing the attention of Governments to this
question. The Centre for Human Rights, in close cooperation with other
departments of the Secretariat, United Nations bodies and organs, is developing
activities aimed at facilitating the full participation of persons belonging to
national or ethnic, religious and linguistic minorities in all aspects of the
political, economic, social, religious and cultural life of their societies and
in the economic progress and development of their countries.
43. Technical assistance and advisory services programmes, information and
education activities concerning various aspects of minority issues are available
in the Centre for Human Rights to Member States upon request.
IX. INDIGENOUS PEOPLE
44. The World Conference on Human Rights reaffirmed the commitment of the
international community to the economic, social and cultural well-being of
indigenous people and their enjoyment of the fruits of sustainable development.
It called upon States to ensure the full and free participation of indigenous
people in all aspects of society and, in accordance with international law, to
take positive steps to ensure respect for all human rights and fundamental
freedoms of indigenous people, on the basis of equality and non-discrimination,
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and recognize the value and diversity of their distinct identities, cultures and
social organization.
45. The General Assembly, in its resolution 48/133 of 20 December 1993,
requested the Commission on Human Rights to convene a meeting of participants in
the programmes and projects of the International Year of the World’s Indigenous
People, 1993, and to report to the Working Group on Indigenous Populations on
the conclusions that could be drawn from the activities of the Year for the
elaboration of a detailed plan of action and the establishment of a funding plan
for the International Decade of the World’s Indigenous People. The technical
meeting was held in July 1994, prior to the session of the Working Group. The
General Assembly also adopted resolution 48/163 of 21 December 1993, requesting
the Commission to give priority consideration to the establishment of a
permanent forum for indigenous people in the United Nations system.
46. The Subcommission on Prevention of Discrimination and Protection of
Minorities, by its resolution 1994/45 of 26 August 1994, adopted the draft
United Nations Declaration on the Rights of Indigenous People and decided to
submit it to the Commission on Human Rights at its fifty-first session. Once
adopted by the General Assembly, the declaration will become a guideline for the
national and international activities related to indigenous people.
47. At its twelfth session in July 1994, the Working Group on Indigenous
Populations considered its future activities. It examined the question of
expanding its mandate, including a new role in the mechanism to be established
in the context of the International Decade. It also considered the question of
the establishment of a permanent forum for indigenous peoples.
48. The High Commissioner for Human Rights has put primary emphasis on
activities in the Centre for Human Rights aimed at the implementation of the
International Decade. A study on ways and means of ensuring the full and free
participation of indigenous people in all aspects of society will be undertaken.
The publication of a fact sheet, and the forthcoming publication of a manual,
relating to indigenous people and including the Declaration on the Rights of
Indigenous People, will contribute to the wide dissemination of knowledge in
this context.
49. Technical assistance and advisory services programmes, information and
education activities concerning various aspects of the protection of indigenous
people are available in the Centre for Human Rights to Member States upon
request.
X. MIGRANT WORKERS
50. The World Conference on Human Rights urged all States to guarantee the
protection of the human rights of all migrant workers and their families. It
attached particular importance to the harmony and tolerance between migrant
workers and the rest of the society in which they lived. States have again been
invited to sign and ratify the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families.
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51. The Commission on Human Rights at its fiftieth session, in resolution
1994/17 of 25 February 1994, called upon all States to sign and ratify or accede
to the International Convention as a matter of priority, and expressed the hope
that it would enter into force at an early date. The Commission requested the
Secretary-General to provide all facilities and assistance necessary for the
active promotion of the Convention, and invited organizations and agencies of
the United Nations system, as well as intergovernmental and non-governmental
organizations, to intensify their efforts to disseminate information on and
promote understanding of the Convention.
52. The General Assembly, in its resolution 48/110 of 20 December 1993, called
for action to be taken by all countries, trade unions, treaty bodies and
non-governmental organizations to protect the human rights of women migrant
workers, who are doubly vulnerable because of their gender and their status as
foreigners. In this regard, particular responsibility is vested with the
sending and receiving States.
53. Technical assistance and advisory services programmes, information and
education activities concerning the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families are available
in the Centre for Human Rights to Member States upon request.
XI. EQUAL STATUS AND HUMAN RIGHTS OF WOMEN
54. The World Conference on Human Rights reaffirmed that the full and equal
participation of women in political, civil, economic, social and cultural life,
at the national, regional and international levels, and the eradication of all
forms of discrimination on grounds of sex were priority objectives of the
international community. It stressed that the human rights of women should form
an integral part of United Nations human rights activities. The Conference
urged Governments, institutions, intergovernmental and non-governmental
organizations to intensify their efforts for the protection and promotion of
human rights of women and the girl-child.
55. The World Conference reiterated the objectives established on global action
for women towards sustainable and equitable development set forth in the Rio
Declaration on Environment and Development 3/ and chapter 24 of Agenda 21. 4/
It also emphasized that the equal status of women and the human rights of women
should be integrated into the mainstream of United Nations system-wide activity
whereas the coordination and integration of objectives and goals of the relevant
organs and bodies should be enhanced. The United Nations should encourage the
universal ratification by all States, by the year 2000, of the Convention on the
Elimination of All Forms of Discrimination against Women. The High Commissioner
emphasized at the beginning of his term of office that achieving true gender
equality in practice would be among his priorities. Strong attention would be
paid to the preparation from the human rights perspective for the Fourth World
Conference on Women: Action for Equality, Development and Peace, to be held in
Beijing in 1995.
56. The Commission on Human Rights, in its resolution 1994/45 of 4 March 1994,
condemned all violations of the human rights of women, including acts of
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gender-based violence against women, and urged Governments to intensify their
efforts to promote and protect the human rights of women. It also called for
the elimination of violence against women in public and private life. The
Commission stressed the need for cooperation and coordination between relevant
United Nations organs and bodies. It noted that the Fourth World Conference on
Women might consider the question of means of integrating the human rights of
women into the mainstream of United Nations system-wide activity.
57. In accordance with resolution 1994/45, a Special Rapporteur on violence
against women, including its causes and its consequences, was appointed for a
three-year period. She will report to the Commission on an annual basis,
beginning at the fifty-first session. In carrying out her mandate, she is
requested by the Commission inter alia to: (a) seek and receive information on
violence against women, its causes and its consequences; (b) recommend measures,
ways and means, at the national, regional and international levels, to eliminate
violence against women and its causes, and to remedy its consequences; and
(c) to work closely with other special rapporteurs, special representatives, the
Subcommission on Prevention of Discrimination and Protection of Minorities and
with the treaty bodies, and cooperate closely with the Commission on the Status
of Women.
58. The question of traditional practices affecting the health of women and
girl-children has been dealt with by the Subcommission on Prevention of
Discrimination and Protection of Minorities since its thirty-sixth session. The
Subcommission adopted in its resolution 1994/30 of 26 August 1994, a Plan of
Action for the Elimination of Harmful Traditional Practices affecting the Health
of Women and Children, submitted by the Special Rapporteur. The second regional
seminar on traditional practices affecting the health of women and children was
held at Colombo in July 1994.
59. The chairpersons of the human rights treaty bodies, at their fifth meeting,
stressed the need to address in a comprehensive manner the obstacles to the
realization by women of human rights established in the international
instruments. They also recognized the need to revise appropriately the
reporting guidelines and procedures of various treaty bodies and to continue
their consideration of the subject during the next meeting. It may be noted
that the chairpersons firmly recommended that the sessions and the secretariat
of the Committee on the Elimination of Discrimination against Women be relocated
to Geneva so that it was no longer separated from the mainstream of the other
human rights activities.
60. Within the Centre for Human Rights, priority has been given to action aimed
at ensuring cooperation and coordination with the Division on Women and other
United Nations bodies related to women, especially in view of the Fourth World
Conference on Women in 1995, at developing a strategy for greater information
and media activities on women’s issues in close cooperation with the Department
of Public Information (DPI), and at collecting and exchanging information on the
human rights of women to be included in the human rights database. Technical
assistance and advisory services programmes, information and education
activities concerning various aspects of the protection of human rights of women
are available in the Centre for Human Rights to Member States upon request.
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XII. THE RIGHTS OF THE CHILD
61. The World Conference stressed the importance of major national and
international efforts aimed at promoting respect for the rights of the child to
survival, protection, development and participation. It urged universal
ratification of the Convention on the Rights of the Child by 1995 and its
effective implementation by States parties through the adoption of all the
necessary legislative, administrative and other measures and the allocation to
the maximum extent of the available resources. National and international
mechanisms and programmes should be strengthened for the defence and protection
of children, in particular, the girl-child, abandoned children, street children,
and economically and sexually exploited children. International cooperation and
solidarity should be promoted to support the implementation of the Convention
and the rights of the child should be a priority in the United Nations
system-wide action on human rights.
62. The Commission on Human Rights, at its fiftieth session, in resolution
1994/91 of 9 March 1994, called upon all States that had not done so to sign,
ratify or accede to the Convention as a matter of priority, and requested the
Secretary-General to continue to provide all facilities and assistance necessary
with a view to promoting its universal ratification by 1995.
63. The Commission on Human Rights, at its fiftieth session, in resolutions
1994/90 and 1994/91 of 9 March 1994, decided to establish two open-ended working
groups to draft two optional protocols to the Convention on the Rights of the
Child, one on the prevention and eradication of the sale of children, child
prostitution and child pornography and the other on the involvement of children
in armed conflicts. The two working groups are meeting in November 1994.
64. The High Commissioner has already outlined his basic strategy on the rights
of the child in ongoing discussions with UNICEF, with which a joint work
programme on cooperative endeavours in order to implement the Convention on the
Rights of the Child has recently been concluded. He has also prepared a
seven-point plan of action to improve the implementation of the Convention on
the Rights of the Child. The Centre for Human Rights will enhance cooperation
on issues related to the child within the United Nations system, and in
particular with UNICEF, and with other relevant agencies and bodies, to pursue
inter alia the achievement of the objectives set in the Plan of Action for
Implementing the World Declaration on the Survival, Protection and Development
of Children in the 1990s, adopted by the World Summit for Children, held in
New York in September 1990, including the integration of the implementation of
the Convention into national plans of action. It maintains contacts with
relevant organizations related to the protection of children traumatized by war.
A specific programme, embracing cooperation with Governments, the Committee on
the Rights of the Child and related non-governmental organizations, aims at
universal ratification of the Convention by 1995.
65. The Working Group on Contemporary Forms of Slavery of the Subcommission on
Prevention of Discrimination and Protection of Minorities has also dealt with
issues related to children, such as child labour, the sale of children, child
prostitution and child pornography. It met most recently in May 1994 and will
continue its work in 1995.
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66. In accordance with General Assembly resolution 48/157 of 20 December 1993,
an expert was appointed by the Secretary-General to carry out a study on
children affected by armed conflict. In this context, action has been taken to
create a mechanism of coordination and cooperation between relevant United
Nations agencies, including UNICEF, the United Nations High Commissioner for
Refugees and the Centre for Human Rights. The study will be finalized for the
fifty-first session of the General Assembly.
67. The Centre for Human Rights assists in the coordination of activities
between the Special Rapporteur of the Commission on Human Rights on the sale of
children, child prostitution and child pornography and the Committee on the
Rights of the Child, the Working Group of the Subcommission on Prevention of
Discrimination and Protection of Minorities, UNICEF and other United Nations
agencies and non-governmental organizations. Technical assistance and advisory
services programmes, information and education activities concerning various
aspects of the protection of the rights of the child, including the ratification
and implementation of the Convention on the Rights of the Child, are available
in the Centre for Human Rights to Member States upon request.
XIII. FREEDOM FROM TORTURE
68. The World Conference on Human Rights classified torture as one of the most
atrocious violations against human dignity, which impaired the capability of
victims to continue their lives and activities. It reaffirmed that under human
rights law and international humanitarian law, freedom from torture was a right
which must be protected under all circumstances, including in times of internal
or international disturbance or armed conflicts. The Conference urged all
States to put an immediate end to the practice of torture and eradicate that
evil forever. 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. The
Conference underscored the primary role of prevention in combating torture and
in that context called for the early adoption of an optional protocol to the
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, which is intended to establish a preventive system of regular visits
to places of detention. The Conference encouraged speedy ratification of the
Convention by all Member States that have not yet ratified it.
69. The Commission on Human Rights, in its resolution 1994/37 of 4 March 1994,
outlined the specific measures which should be taken to prevent or combat
torture, as well as to assist victims of torture. In its resolution 1994/38 of
the same date, the Commission urged all States to become parties to the
Convention as a matter of priority.
70. The High Commissioner attaches particular importance to the effective
implementation of the Convention against Torture. On 28 June 1994, at the
Copenhagen Centre for the Rehabilitation of Victims of Torture, he made a worldwide
appeal for the immediate cessation of all forms of torture, the universal
ratification of the Convention and the full implementation of its provisions.
He has also initiated an intensive campaign for universal ratification of the
Convention.
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71. Member States should strengthen assistance to victims of torture, including
by increased support for the United Nations Voluntary Fund for Victims of
Torture. The efficiency of measures and methods applied in assisting victims of
torture and ensuring their rehabilitation requires further examination.
72. The open-ended working group created by the Commission on Human Rights at
its forty-eighth session to draft an optional protocol to the Convention met in
October 1993 and October 1994 and made considerable progress. It will continue
its work in 1995.
73. The Centre for Human Rights has taken steps to facilitate action to combat
torture. Advisory services with respect to both ratification and implementation
of the Convention and the resulting reporting obligations are available to
Member States upon request. In this context, in cooperation with the World
Health Organization and non-governmental organizations, the Centre will also
take concrete measures to ensure that principles of medical ethics are made
familiar to physicians and other relevant professions.
XIV. ENFORCED DISAPPEARANCES
74. The World Conference on Human Rights called upon all States to take
effective legislative, administrative, judicial or other measures to prevent,
terminate and punish acts of enforced disappearances.
75. The Commission on Human Rights, in its resolution 1994/39 of 4 March 1994,
focused on the obligation of States to prevent, combat and punish involuntary
disappearances. In this context, it recalled that all acts of enforced
disappearance were offences punishable by appropriate penalties which took into
account their extreme seriousness under criminal law. The Commission urged the
Governments concerned to intensify their cooperation with the Working Group on
Enforced or Involuntary Disappearances on any action taken pursuant to
recommendations addressed to them by the Group. It noted with concern that some
Governments had never provided substantive replies concerning enforced
disappearances alleged to have occurred in their countries, and deplored the
fact that some Governments had not acted on the relevant recommendations made in
the reports of the Working Group.
76. In its resolution 1994/72 of 9 March 1994, the Commission on Human Rights
requested the Working Group on Enforced or Involuntary Disappearances,
represented by one of its members, to cooperate as appropriate with the Special
Rapporteur of the Commission in dealing with the problem of enforced
disappearances in the territory of the former Yugoslavia.
77. The High Commissioner, in cooperation inter alia with the Working Group and
the relevant United Nations-based treaty bodies, as well as non-governmental
organizations, has taken steps to study recommendations for the effective
implementation of the Declaration on the Protection of All Persons from Enforced
Disappearances.
78. Advisory services and information concerning the Declaration with regard to
administrative, legislative and judicial procedures are available in the Centre
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for Human Rights to Member States upon request. The existing database on
missing persons will be revised and integrated into an overall database of the
Centre.
XV. THE RIGHTS OF DISABLED PERSONS
79. The World Conference stressed that persons with disabilities should enjoy
all human rights and fundamental freedoms. It called for legislation to be
adopted or adjusted as necessary to ensure access for disabled persons to those
rights and freedoms.
80. The General Assembly, by its resolution 48/96 of 20 December 1993, adopted
the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities. These have been brought to the attention of the relevant
committees, working groups and special rapporteurs. Publication of the Standard
Rules is expected to sensitize public opinion. A special rapporteur has been
appointed within the framework of the Commission for Social Development to
monitor the implementation of the Standard Rules.
81. In its resolution 48/99 of 20 December 1993, the General Assembly
reaffirmed inter alia the continuing validity and value of the World Programme
of Action concerning Disabled Persons; reiterated the responsibility of
Governments for removing or facilitating the removal of barriers and obstacles
to the full integration of persons with disabilities into society; and requested
the Secretary-General to continue to give higher priority and visibility to
disability issues within the work programme of the United Nations system.
Member States and the private sector were invited to contribute to the United
Nations Voluntary Fund on Disability. The General Assembly also commended the
launching of the Asian and Pacific Decade of Disabled Persons, 1993-2002.
82. Advisory services concerning the adoption or adjustment of legislation for
disabled persons are available to Member States upon request. Such services can
be provided inter alia to promote, in the framework of national programmes, the
participation of disabled persons in the decision-making process.
XVI. COOPERATION AND THE RIGHT TO DEVELOPMENT
83. The World Conference on Human Rights set out the vision of supporting
democracy, development and human rights through increased international
cooperation. It put emphasis on developing and building institutions relating
to human rights, strengthening a pluralistic civil society and protecting groups
which have been rendered vulnerable.
84. The World Conference emphasized that assistance given, upon the request of
Governments, in the human rights aspects of elections, the strengthening of the
rule of law, the promotion of freedom of expression and the administration of
justice, and to the effective participation of the people in the decision-making
processes, was of particular importance.
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85. The World Conference recommended the establishment of a comprehensive
programme within the United Nations to help States in the task of building and
strengthening national structures which had a direct impact on the overall
observance of human rights and the maintenance of the rule of law. Within its
framework, technical and financial assistance to national human rights projects
and to the implementation of plans of action for the promotion and protection of
human rights should be made available to Governments. The Conference
recommended that each State consider the desirability of drawing up a related
national plan of action.
86. The reaffirmation by consensus that the universal and inalienable right to
development, as established in the Declaration on the Right to Development, must
be implemented and realized, was one of the major achievements of the World
Conference. Further, it was emphasized that the human being was the central
subject of development. The Conference urged the Working Group on the Right to
Development to formulate promptly, for early consideration by the General
Assembly, comprehensive and effective measures to eliminate obstacles to the
implementation and realization of the Declaration and recommend ways and means
towards the realization of the right to development by all States. It also
recommended that non-governmental and other grass-roots organizations active in
development and/or human rights be enabled to play a major role in the related
national and international activities.
87. The World Conference appealed to Governments, competent agencies and
institutions to increase considerably the resources devoted to building
well-functioning legal systems able to protect human rights and relevant
national institutions. It also encouraged the establishment of comprehensive
programmes in that area, including resource banks of information and personnel
with expertise relating to the strengthening of the rule of law and democratic
institutions. Those involved in development cooperation should bear in mind the
mutually reinforcing interrelationship between development, democracy and human
rights and cooperation.
88. The General Assembly, by its resolution 48/141 creating the post of High
Commissioner for Human Rights, entrusted him with the mandate inter alia to
enhance international cooperation for the promotion and protection of human
rights, and to promote and protect the realization of the right to development,
enhancing support from relevant bodies of the United Nations system for that
purpose.
89. The High Commissioner has initiated dialogue with States and
non-governmental organizations in order to develop or establish regional
arrangements in the field of human rights, including through advisory services
and technical assistance. He discussed inter alia related problems in the
framework of the Third Asia-Pacific Workshop on Human Rights Issues, held in
Seoul in July 1994. Various interested organizations were offered encouragement
and support by the High Commissioner with regard to setting up a regional or
subregional human rights structure in Asia.
90. The High Commissioner will also ensure dialogue with intergovernmental, as
well as national development agencies, with a view to integrating the human
rights dimension in their development programmes. Comprehensive programmes will
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be set up to strengthen the legal and institutional infrastructures for the
protection of all human rights.
91. The Centre for Human Rights assists in enhancing cooperation between the
Committee on Economic, Social and Cultural Rights and non-governmental
organizations as well as relevant United Nations organs and agencies, so as to
ensure the effective implementation of those rights. In this connection,
support is available to the Commission on Human Rights in pursuing the
recommendation of the Committee in regard to the elaboration of an optional
protocol to the International Covenant on Economic, Social and Cultural Rights,
establishing a procedure of individual communications.
92. The High Commissioner is taking steps, including the convening of a
senior-level meeting of experts, to assess the work undertaken so far in the
realization of cultural, economic, and social rights and to elaborate a strategy
for the next four years, bearing in mind the Secretary-General’s Agenda for
Development. He attaches great importance to assisting, in continuous
consultations on this question with relevant United Nations agencies, bodies and
other institutions, the Working Group on the Right to Development, with the
formulation of comprehensive measures to eliminate obstacles to the realization
of the Declaration on the Right to Development. The cooperation of the United
Nations bodies working in the field of development, specialized agencies and
non-governmental organizations in identifying further social and economic
indicators may facilitate assessing the progressive realization of cultural,
economic and social rights and identifying and addressing violations of these
rights.
93. The Commission on Human Rights, in its resolution 1994/20 of 1 March 1994,
recommended that the Centre convene expert seminars for chairpersons of the
human rights treaty bodies and representatives of specialized agencies and
non-governmental organizations, as well as representatives of States, focused on
specific cultural, economic, and social rights, with a view to clarifying the
particular content of those rights. This is a follow-up to the conclusions and
recommendations of the seminar on appropriate indicators to measure achievements
in the realization of cultural, economic, and social rights, held at Geneva in
January 1993.
94. The Working Group on the Right to Development, established by the
Commission on Human Rights at its forty-ninth session, met in October 1994 for
its third session; it focused on the obstacles to the implementation of the
right to development.
95. The Centre for Human Rights is preparing plans to enable non-governmental
organizations and grass-roots organizations active in development and human
rights to play an increased role in the implementation of the Declaration on the
Right to Development, with a view to facilitating the process of dialogue and
exploring the possibility of financial assistance.
96. With regard to the impact of external debt on the implementation of
cultural, economic and social rights, the Commission on Human Rights, by its
resolution 1994/11 of 25 February 1993, requested the Secretary-General to
submit a report on the adequate measures to be implemented in order to find a
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durable solution to the debt crisis of developing countries. The report should
be drafted in a process, which has already been launched, of high-level
consultations with heads of States and Governments, heads of the multilateral
financial institutions and specialized agencies, as well as intergovernmental
and non-governmental organizations. The report is scheduled for submission to
the Commission at its fifty-first session.
97. A dialogue is being developed with institutions outside the United Nations
system, particularly with regional intergovernmental organizations active in the
field of human rights (for example, the Commission on Human and People’s Rights
of the Organization of African Unity in Banjul, the Gambia, the Council of
Europe in Strasbourg, the Conference on Security and Cooperation in Europe in
Vienna, Warsaw and Prague, and the Inter-American Commission on Human Rights in
Washington). Joint or coordinated efforts should enhance the promotion and
protection of human rights at all levels and contribute to better implementation
of the Vienna Declaration and Programme of Action.
98. On 25 June 1994, the High Commissioner invited all Governments, Members of
the United Nations, to inform him annually of any aspects of the implementation
at the national level of the Vienna Declaration and Programme of Action.
XVII. ADVISORY SERVICES AND TECHNICAL ASSISTANCE
99. The programme of advisory services and technical assistance, through its
multidimensional character, takes an essential place in United Nations human
rights activities. The World Conference on Human Rights stressed the need to
strengthen and increase the resources of the programme. Upon the request of
States, assistance should be available for the implementation of comprehensive
plans of action to promote and protect human rights, including strengthening the
institutions of human rights and democracy, the legal protection of human
rights, training of officials and others, broad-based education and public
information activities aimed at promoting respect for human rights. The World
Conference also recommended that more resources be made available for the
strengthening or establishment of regional arrangements for the promotion and
protection of human rights.
100. In keeping with General Assembly resolution 48/141, the High Commissioner
is responsible for providing, through the Centre for Human Rights and other
appropriate institutions, advisory services and technical assistance at the
request of the State concerned and, where appropriate, the regional human rights
organizations, with a view to supporting actions and programmes in the field of
human rights. The High Commissioner attaches the highest priority to this area
of his responsibility.
101. In the framework of the programme of advisory and technical assistance, and
in cooperation with relevant agencies and bodies, assistance is being provided
to the requesting States to facilitate the process of ratifying or acceding to
international instruments. Advisory services of experts are also offered on
legislative reforms bringing national laws into line with international human
rights standards.
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102. Comprehensive country programmes in the framework of advisory services and
technical assistance have recently been launched for Burundi, Cambodia, Malawi,
Namibia, the Russian Federation and Rwanda. Programmes for Bhutan and Nepal are
under preparation.
103. The Centre for Human Rights has provided assistance in the elaboration of
national plans of action. Needs assessment missions have been requested by:
Armenia and Azerbaijan (July 1994); Bolivia (October 1994); Georgia and
Kazakhstan (under consideration); Kyrgyzstan (envisaged for early 1995);
Paraguay (January 1995); and United Republic of Tanzania (September 1994). In
October 1994, a national plan of action for human rights, elaborated with the
support of the Centre for Human Rights, was officially approved by Latvia.
104. Special attention in the programme of advisory services and technical
assistance has been given to groups rendered vulnerable, such as minorities,
indigenous people, women, children, migrant workers, disabled persons, refugees
and displaced persons. Two seminars addressing the rights of minorities and
rights of the child were held at Bucharest in October 1994.
105. The Centre for Human Rights also offers, upon request, assistance for the
human rights aspects of elections, strengthening of the rule of law and
democratic institutions, including training of administration of justice and
police officials as an important element for improving the observance of human
rights. Electoral assistance was provided to Malawi.
106. The Centre for Human Rights developed and published the Manual on Human
Rights and Elections, a training manual, to provide advisory services in
electoral processes. A "Manual on human rights for law enforcement officials"
is currently being developed and tested. Requests for the training of police
were received from the following: Argentina (October 1994 and March 1995);
Brazil (October 1994); Egypt (June 1994); former Yugoslav Republic of Macedonia
(early 1995); Mexico (early 1995); Mozambique (September 1994); and Palestine
(November 1995).
107. To assist States in meeting their reporting obligations under the various
human rights treaties, workshops on reporting are organized regularly at the
subregional or regional levels in such a manner that all subregions of Asia,
Africa, Latin America and the Caribbean and, central and Eastern Europe are
covered every three years. Training courses on the preparation of reports
incorporate inter alia reporting on women’s human rights and status de jure and
de facto.
108. A training course on human rights reporting: national capacity
strengthening, organized by the Centre for Human Rights in cooperation with the
International Labour Organization Centre in Turin, was held at Geneva and Turin
from 31 October to 25 November 1994. The course was provided for government
officials dealing with the preparation and presentation of national reports to
human rights supervisory bodies.
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XVIII. EDUCATION AND DISSEMINATION OF INFORMATION
109. The World Conference on Human Rights considered human rights education,
training and public information essential. Human rights, humanitarian law,
democracy and rule of law should be included in the curricula of all learning
institutions. States should develop specific programmes and strategies for
ensuring human rights education. The World Conference underlined the importance
of intensifying the World Public Information Campaign for Human Rights.
Advisory services and technical assistance programmes of the United Nations
should be able to respond immediately to requests from States in this regard.
110. The World Conference recommended that the proclamation of a United Nations
decade for human rights education be considered in order to promote, encourage
and focus the educational activities of the Centre for Human Rights. The
General Assembly, in its resolution 48/127 of 20 December 1993, requested the
Commission on Human Rights, in cooperation with Member States, human rights
treaty-monitoring bodies, other appropriate bodies and competent
non-governmental organizations, to consider proposals which should be
incorporated into a plan of action for such a decade. The draft plan for the
implementation of the decade has been submitted for consideration by the General
Assembly at its current session with a view to the proclamation of a decade for
human rights education.
111. In cooperation with the United Nations Educational, Scientific and Cultural
Organization and other relevant agencies and bodies, the Centre for Human Rights
assists Member States in developing specific programmes and strategies for
ensuring human rights education for all. In this framework, the development of
curricula, pedagogical techniques and teaching materials, such as manuals for
primary and secondary schools, is supported. Manuals for public officials and
the general public have been published or are under preparation.
112. Great importance is attached to the establishment and functioning of human
rights institutes/information centres at the regional, subregional and local
levels for the purpose of organizing educational and promotional activities in
the field of human rights. The Centre for Human Rights maintains ongoing
cooperation with the following: the African Centre in Banjul, the Gambia, the
Arab Institute for Human Rights, Instituto de Promoción de Derechos Humanos of
Argentina, and the Human Rights Centre of the Slovak Republic.
113. On the occasion of the International Conference on Education, a Round Table
on Human Rights Education was organized jointly by the Centre for Human Rights
and the Council of Europe, at Geneva on 7 October 1994. Representatives of the
Centre for Human Rights, the Council of Europe, the Committee on Economic,
Social and Cultural Rights, Ecole Instrument de Paix, and the Netherlands
Helsinki Committee took part in the meeting. The participants discussed ways
and forms of cooperation in the field of human rights education and methods of
coordination of efforts.
114. Within the framework of the activities for the World Public Information
Campaign for Human Rights, the Centre for Human Rights continues to inform
people world wide about United Nations human rights activities. In this
context, and in cooperation with UNESCO and relevant non-governmental
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organizations, the publication programme will be increased through making the
most effective use of the human and financial resources and of the available
modern communications technology. This should help in meeting the needs of the
wider human rights community. In this connection, contacts with the media have
been intensified in close cooperation with the Department of Public Information
and particularly the Information Service at Geneva and United Nations
Information Centres world wide. Steps have been taken to produce a quarterly
publication containing information about the activities of the Centre for Human
Rights and human rights activities system-wide.
115. The increasing number of United Nations field operations requires the
enhancing of human rights training for the personnel involved. The Centre for
Human Rights offers courses and information materials. Special training
materials are being developed, in particular, manuals, for education on the
human rights of international civil servants involved in peacemaking,
humanitarian and relief operations.
116. In human rights publications, programme preference has been given to
publications for use in technical cooperation projects, such as specialized
manuals for the training of police, lawyers and judges, election and social
workers. Emphasis has also been placed on the publication of fact sheets
focusing on priority issues, such as the protection of indigenous populations,
and rights of the child and child exploitation.
XIX. NATIONAL INSTITUTIONS AND NON-GOVERNMENTAL ORGANIZATIONS
117. The World Conference on Human Rights encouraged the establishment and
strengthening of national institutions for the promotion and protection of human
rights. It also recognized the important role of non-governmental organizations
in the promotion of all human rights and in humanitarian activities at the
national, regional and international levels.
118. The United Nations counts on the support of non-governmental organizations,
academic communities, members of Parliament and other parts of civil society.
As part of the human rights infrastructure, these institutions are most active
partners in the realization of the Vienna Declaration and Programme of Action.
The High Commissioner invited the national institutions, non-governmental
organizations and academic communities to cooperate in the implementation of the
Vienna Declaration and Programme of Action (see also paras. 97 and 119). Their
continuing participation in the promotion and protection of human rights is
indispensable for world-wide progress in this respect.
119. The Second International Workshop on National Institutions for the
Promotion and Protection of Human Rights was held in Tunis in December 1993. A
coordinating committee proposed at the Workshop was approved by the Commission
on Human Rights at its fiftieth session. The third workshop is scheduled to be
held at Manila in April 1995, at the invitation of the Government of the
Philippines.
120. The Centre for Human Rights will publish, by the end of 1994, a Manual on
National Institutions for the Promotion and Protection of Human Rights. It will
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assist States in establishing or strengthening their national institutions, as
well as all those active in this area, including organizers of workshops at the
regional and subregional levels.
121. On 12 August 1994, the High Commissioner invited regional and national
human rights institutions and non-governmental organizations to present their
views annually concerning the implementation of the Vienna Declaration and
Programme of Action. The response to this initiative has been very positive.
The High Commissioner received a large number of letters and related
documentation, informing him of action taken to implement recommendations
emanating from Vienna and related needs and expectations. Proposals were also
made as to the activities that could be undertaken by the United Nations. The
responses received are being reviewed thoroughly by the High Commissioner.
XX. IMPLEMENTATION AND MONITORING
122. The World Conference on Human Rights stressed that the protection and
promotion of human rights were the primary responsibility of Governments. In
that context, it urged Governments to incorporate human rights standards into
their national law. It also recommended the strengthening of United Nations
activities and programmes to meet requests for national institution-building.
The World Conference encouraged the enhancing of cooperation between national
institutions, as well as regional organizations. It called for better
coordination of various international implementation procedures in the field of
human rights.
123. The High Commissioner’s mandate includes the rationalization, adaptation,
strengthening and streamlining of the United Nations machinery in the field of
human rights with a view to improving its efficiency and effectiveness. He is
also responsible for system-wide coordination of activities aiming at the
promotion and protection of human rights. This creates a framework for his
activities in regard to human rights implementation and monitoring. The High
Commissioner will be initiating, in cooperation with the various bodies
concerned, a thorough analysis of the existing implementation machinery with a
view to promoting its greater efficiency and effectiveness.
124. The World Conference on Human Rights stressed the importance of preserving
and strengthening the system of special procedures, rapporteurs,
representatives, experts and working groups of the Commission on Human Rights.
The procedures and mechanisms should be enabled to harmonize and rationalize
their work through periodic meetings.
125. The first meeting of all special rapporteurs, representatives, experts and
chairmen of working groups on the special procedures of the Commission on Human
Rights was held at Geneva from 30 May to 1 June 1994. Twenty-three independent
experts attended the meeting. A constructive debate, focusing on the methods of
work for the procedures, cooperation within and outside the system, and
resources and administration, resulted in a number of important conclusions for
the work of the human rights implementation machinery.
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126. The special procedures have acquired a new operational dimension in the
context of the establishment of the High Commissioner. They are an important
tool in highlighting problem areas in which the Office of the High Commissioner
might play a constructive role in regard to both early warning of future
disasters and, more hopefully, in mitigating or even avoiding such disasters.
The High Commissioner stressed at that meeting that he considered the work of
special procedures to be an important pillar of the implementation of human
rights in practical terms. He pointed out that while he would not duplicate
existing mechanisms, each had an important role to play in the protection of
human rights. The essential responsibility of the High Commissioner lay in
strengthening the follow-up of their action (see also para. 15 above).
127. The High Commissioner identified priority areas in which enhanced
cooperation and exchange of information with and among special rapporteurs,
working groups and treaty bodies should be ensured, with regard to: early
warning of emergency situations in the field of human rights; field missions by
the various special rapporteurs or working groups; follow-up action by the High
Commissioner to recommendations made by special rapporteurs and working groups;
the work of other implementation mechanisms such as the treaty-based bodies; and
the provision of advisory services and technical assistance to Member States.
128. The fifth meeting of persons chairing the human rights treaty bodies
considered the Vienna Declaration and Programme of Action. The chairpersons
emphasized inter alia that the promotion and protection of all human rights and
fundamental freedoms must be perceived as a priority objective of the United
Nations, as stated in the Vienna Declaration and Programme of Action, and
pledged their full support and cooperation to the realization of that objective.
The chairpersons affirmed that human rights should have a high profile in all
relevant United Nations activities and must inter alia be clearly identified
with, and understood in the context of, the United Nations human rights
instruments and the work of the treaty-monitoring bodies. The chairpersons
deplored a growing tendency in the United Nations on the part of bodies
concerned with some aspects of human rights to ignore, or in some cases to
attempt to redefine, in their activities the standards codified in the
international human rights treaties. The chairpersons welcomed the initiative
taken by a number of treaty bodies to develop, within the scope of their
respective mandates, procedures aimed at preventing human rights violations, and
encouraged further efforts in that regard. The chairpersons also welcomed the
recommendation contained in the Vienna Declaration and Programme of Action that
human rights training should be organized for international civil servants who
were assigned to activities relating to human rights.
129. At its first session following the World Conference on Human Rights, each
treaty body considered the Vienna Declaration and Programme of Action and
discussed how the suggestions and recommendations contained therein might be
applied within the scope of its mandate. In particular, each treaty body has
reviewed its working methods and discussed possible improvements.
130. It must be stressed that adequate human and material resources within the
Centre for Human Rights are required to strengthen the system of special
procedures and treaty bodies. These are indispensable to provide special
rapporteurs, working groups and treaty bodies with the necessary facilities,
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including a human rights database, which should also be easily available during
the rapporteurs’ missions.
131. The Vienna Declaration and Programme of Action viewed with concern the
issue of impunity of perpetrators of human rights violations and supported the
examination of that issue by the Commission on Human Rights and the
Subcommission on Prevention of Discrimination and Protection of Minorities. The
question of impunity was the subject of a study by the Subcommission at its
forty-sixth session. The Subcommission requested two special rapporteurs to
submit at its forty-seventh session a report with regard to the impunity of
perpetrators of violations of civil and political rights, and another report
concerning the impunity of perpetrators of violations of cultural, economic and
social rights.
132. The High Commissioner, in consultation with United Nations organs and
bodies having experience on this question, and within the framework of his
mandate, will endeavour to ensure the recognition of the importance of the human
rights components in all United Nations field operations, with a view to
establishing relevant conceptual and organizational guidelines on the matter.
133. The open-ended working group established by the Commission on Human Rights
at its fortieth session, in order to draft a declaration on the rights and
responsibilities of individuals, groups and organs of society to promote and
protect universally recognized human rights and fundamental freedoms, met in
January 1994 to finalize the text of the draft declaration. Considerable
progress was achieved. The Working Group is scheduled to meet again in
January 1995.
XXI. CONCLUSIONS
134. The Vienna Declaration and Programme of Action undoubtedly constitutes one
of the major events in the United Nations history of human rights. If
adequately implemented, it will be a milestone in this history. This will
require concerted efforts on the part of Governments and national human rights
institutions, international organizations, United Nations human rights bodies
and non-governmental organizations.
135. The Vienna Declaration and Programme of Action has already had a positive
impact on United Nations activities in the field of human rights. Reaffirming
the principles and outlining future activities, it encourages and facilitates
action aiming at enhancing the enjoyment of all human rights and fundamental
freedoms by all human beings. The efforts to keep the spirit of Vienna alive
and to implement fully recommendations which have been adopted voluntarily and
by consensus by Governments participating in the World Conference should
continue with determination. The implementation of the Vienna Declaration and
Programme of Action depends primarily on activities at the national level,
undertaken by Governments, as well as institutions and organizations
representing all parts of civil society. The role of the United Nations is to
provide all possible support to these activities in the framework of
international cooperation.
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136. The Vienna Declaration and Programme of Action does not constitute a closed
programme nor does it merely maintain the existing international human rights
machinery. On the contrary, it delivers an open, future-oriented framework for
national and international activities in the field of human rights. To
implement the objectives outlined in Vienna, one should think in terms of a
variety of measures and forms of international and national activities.
137. The High Commissioner should receive all the necessary support from all
organs and agencies of the United Nations system in his coordinating activities
aiming at implementation of the Vienna Declaration and Programme of Action.
138. The High Commissioner has received many responses to his request for
information on activities aimed at the implementation of the Vienna Declaration
and Programme of Action. The various proposals and comments contained in the
numerous responses are under thorough review by the High Commissioner. They
will be of paramount importance in guiding future activities. The cooperation
of all members of the wider human rights community should ensure constant focus
on the progress made within and outside the United Nations system in the
implementation of the recommendations adopted by consensus at Vienna.
139. Prompt endorsement by competent bodies of a detailed plan of implementation
of the Vienna Declaration and Programme of Action, together with the related
necessary financial decisions, could positively facilitate the achievement of
the broad range of objectives in human rights set forth by the World Conference
on Human Rights. The guidance of the General Assembly on the implementation of
the Vienna Declaration and Programme of Action prepared by the Third Committee
and its Working Group will constitute a most important contribution to the work
of the United Nations in this respect, in particular to the activities of the
High Commissioner for Human Rights.
Notes
1/ Report of the World Conference on Human Rights, Vienna,
14-25 June 1993 (A/CONF.157/24 (Part I), chap. III).
2/ E/1994/97.
3/ Report of the World Conference on Environment and Development, Rio
de Janeiro, 3-14 June 1992 (United Nations publication, Sales No. E.93.I.8 and
corrigenda), vol. I, resolution 1, annex I.
4/ Ibid., annex II.
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