A. Draft resolutionsII. Resolutions and decisions adopted by the Sub-Commission at its forty-seventh sessionI. Question of human rights and states of emergencyB. Draft decisions
II. Protection of the heritage of indigenous peoples1. Systematic rape and sexual slavery during periods of armed conflicts
2. Question of the implications for human rights of United Nations action, including humanitarian assistance, in addressing international humanitarian problems and in the promotion and protection of human rights
3. Recognition of gross and large-scale violations of human rights as an international crime
4. Forced evictions
5. Effects on the full enjoyment of human rights of structural adjustment programmes
6. United Nations Voluntary Fund for Indigenous Populations
7. Discrimination against indigenous peoples
8. Permanent forum in the United Nations for indigenous people
9. Human rights dimensions of population transfer, including the implantation of settlers and settlements
10. Study on treaties, agreements and other constructive arrangements between States and indigenous populations
A. ResolutionsIII. Organization of the forty-seventh session1995/1. Expression of solidarity with the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia, Mr. Tadeusz MazowieckiB. Decisions
1995/2. Situation in the Middle East
1995/3. Situation of human rights in Iraq
1995/4. Prevention of incitement to hatred and genocide, particularly by the media
1995/5. Situation of human rights in Rwanda
1995/6. Situation in Colombia
1995/7. Situation of human rights in Guatemala
1995/8. Situation in the territory of the former Yugoslavia
1995/9. Situation in the Palestinian and other Arab territories occupied by Israel
1995/10. Situation of human rights in Kosovo
1995/11. Situation of human rights in Burundi
1995/12. Monitoring and assisting the transition to democracy in South Africa
1995/13. The right to freedom of movement
1995/14. Systematic rape and sexual slavery during periods of armed conflict
1995/15. United Nations Trust Fund on Contemporary Forms of Slavery
1995/16. Report of the Working Group on Contemporary Forms of Slavery
1995/17. Human rights and disability
1995/18. Situation of human rights in the Islamic Republic of Iran
1995/19. Question of the implications for human rights of United Nations action, including humanitarian assistance, in addressing international humanitarian problems and in the promotion and protection of human rights
1995/20. Traditional practices affecting the health of women and children
1995/21. Discrimination in the context of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS)
1995/22. Recognition of gross and large-scale violations of human rights as an international crime
1995/23. Human rights and the environment
1995/24. Injurious effects of anti-personnel land-mines
1995/25. Protection by competent authorities of everyone against threats, retaliation, pressure or any other arbitrary action as a consequence of legitimate, peaceful and non-violent exercise of the right to strive for the protection of human rights
1995/26. Implementation of the human rights of women and the girl child
1995/27. Promoting the realization of the human right to adequate housing
1995/28. Human rights and extreme poverty
1995/29. Forced evictions
1995/30. Human rights and income distribution
1995/31. The relationship between the enjoyment of human rights and the working methods and activities of transnational corporations
1995/32. Effects on the full enjoyment of human rights of structural adjustment programmes
1995/33. Question of human rights and states of emergency
1995/34. Question of the impunity of perpetrators of violations of human rights (economic, social and cultural rights)
1995/35. Question of the impunity of perpetrators of violations of human rights (civil and political rights)
1995/36. United Nations Voluntary Fund for Indigenous Populations
1995/37. International Decade of the World's Indigenous People
1995/38. Discrimination against indigenous peoples
1995/39. Permanent forum in the United Nations for indigenous people
1995/40. Protection of the heritage of indigenous people1995/101. Human rights and scientific and technological developments
1995/102. Adoption of the agenda of the forty-seventh session of the Sub-Commission
1995/103. Establishment of a sessional working group on the administration of justice and the question of compensation
1995/104. Organization of work
1995/105. Monitoring the transition to democracy in South Africa
1995/106. Voting by secret ballot on proposals pertaining to allegations of violations of human rights in countries
1995/107. Humanitarian situation in Iraq
1995/108. Situation of human rights in Turkey
1995/109. Draft programme of action on the traffic in persons and the exploitation of the prostitution of others
1995/110. Comprehensive programme for the prevention of discrimination and protection of minorities
1995/111. Human rights dimensions of population transfer, including the implantation of settlers and settlements
1995/112. Methods of work of the Sub-Commission
1995/113. Review of the work of the Sub-Commission
1995/114. Methods of work of the Sub-Commission
1995/115. Improvement in the method of consideration of item 6 of the agenda of the Sub-Commission concerning violations of human rights and fundamental freedoms
1995/116. Democratic society
1995/117. The right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms
1995/118. Study on treaties, agreements and other constructive arrangements between States and indigenous populations
1995/119. Composition of the pre-sessional working groups of the Sub-Commission
A. Measures to combat racism and racial discrimination and the role of the Sub-CommissionVII. Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII)
B. Monitoring the transition to democracy in South Africa
A. The role and equal participation of women in developmentIX. The realization of economic, social and cultural rights
A. Question of human rights and states of emergency
B. Individualization of prosecution and penalties, and repercussions of violations of human rights on families
C. Application of international standards concerning the human rights of detained juveniles
D. Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers
A. Prevention of discrimination and protection of children: human rights and youthXVIII. Protection of minorities
B. Human rights and disability
A. Situation of migrant workers and members of their familiesXX. Implications of humanitarian activities for the enjoyment of human rights
B. Population displacements
(a) Completed at the forty-seventh session of the Sub-Commission
(b) Ongoing studies and reports entrusted to Special Rapporteurs in accordance with existing legislative authority
(c) Annual reports entrusted to Special Rapporteurs in accordance with existing legislative authority
(d) Working papers and other documents without financial implications entrusted to members of the Sub-Commission in accordance with existing legislative authority
(e) New studies and reports recommended to the Commission on Human Rights for approval
A. Draft resolutions
I. Question of human rights and states of emergency
The Commission on Human Rights,
Endorsing resolution 1995/33 of 24 August 1995 of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities,
Recommends the following draft resolution to the Economic and Social Council
for adoption:
"The Economic and Social Council,
Recalling Commission on Human Rights resolution 1996/... of ... 1996 and Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1995/33 of 24 August 1995, entitled 'Question of human rights and states of emergency',
1. Approves the Sub-Commission's request to the Special Rapporteur on human rights and states of emergency, Mr. Leandro Despouy, to fulfil his mandate, in particular relating to (i) the updating of the lists of States which have proclaimed, extended or terminated a state of emergency; (ii) the submission of conclusions and recommendations concerning non-derogable rights in states or situations of emergency; and (iii) the continuation of his consultations on the establishment of a database on states of emergency and related human rights questions;
2. Requests the Secretary-General to provide the Special Rapporteur with the necessary human and material resources to fulfil his mandate."
"The Economic and Social Council,
Endorsing Commission on Human Rights resolution 1996/... of ... 1996 and resolution 1995/40 of 25 August 1995 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,
1. Requests the Secretary-General to transmit the final report of the Special Rapporteur, Mrs. Erica-Irene A. Daes, with its annex, as soon as possible to Governments, specialized agencies, indigenous people's communities and organizations, and intergovernmental and non-governmental organizations concerned, for their comments;
2. Requests the Special Rapporteur to prepare a supplementary report on the basis of the comments and information received from Governments, indigenous communities and other organizations concerned and to include in it a chapter concerning relevant activities undertaken in other forums, such as the United Nations Development Programme, the United Nations Educational, Scientific and Cultural Organization, the Food and Agriculture Organization of the United Nations, the World Intellectual Property Organization and the World Trade Organization, and to take into consideration, inter alia, the Convention on Biological Diversity, the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa and other relevant international instruments;
3. Also requests the Special Rapporteur to submit her supplementary report to the Sub-Commission at its forty-eighth session;
4. Requests the Secretary-General to provide the Special Rapporteur with all the necessary assistance to enable her to carry out her mandate and to complete the study successfully;
5. Decides that the basic and comprehensive study prepared by the Special Rapporteur on the protection of the cultural and intellectual property of indigenous peoples (E/CN.4/Sub.2/1993/28) shall be published in all official languages and disseminated widely."
"The Economic and Social Council, taking note of Commission on Human Rights decision 1996/... of ... 1996, approves the endorsement by the Commission on Human Rights of the decision of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to appoint Ms. Linda Chavez as Special Rapporteur with the task of undertaking an in-depth study of the situation of systematic rape, sexual slavery and slavery-like practices during periods of armed conflict and to submit a preliminary report to the Sub-Commission at its forty-eighth session and a final report at its forty-ninth session, and requests the Secretary-General to provide all assistance necessary to enable her to complete her study."
"The Economic and Social Council, taking note of Commission on Human Rights resolution 1996/... of ... 1996 and of resolution 1995/19 of 24 August 1995 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, authorizes the appointment of a member of the Sub-Commission as special rapporteur on the question of the implications for human rights of United Nations action under the Charter, including humanitarian assistance, in addressing international humanitarian problems and in the promotion and protection of human rights."
"The Economic and Social Council, taking note of Commission on Human Rights decision 1996/... of ... 1996, approves the decision of the Commission on Human Rights to establish an open-ended working group of the Commission to meet for a period of one week prior to its fifty-third session to elaborate, on the basis of the preliminary set of basic policy guidelines on structural adjustment programmes and economic, social and cultural rights contained in document E/CN.4/Sub.2/1995/10 and in close cooperation with the Committee on Economic, Social and Cultural Rights, policy guidelines on the subject-matter, and requests the Secretary-General to provide all the assistance necessary to enable the working group to carry out its work."
A. Resolutions
1995/1. Expression of solidarity with the Special Rapporteur
of the Commission on Human Rights on the situation of human rights in the
territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind the letter addressed by Mr. Tadeusz Mazowiecki, Special
Rapporteur of the Commission on Human Rights on the situation of human rights
in the territory of the former Yugoslavia, to the Secretary-General of the
United Nations on 27 July 1995,
Deeply shocked by the events occurring daily in Bosnia and Herzegovina,
where, as the letter indicates, human rights violations continue blatantly,
there are constant blockades of the delivery of humanitarian aid, crimes
have been committed with swiftness and brutality and the civilian population
is shelled remorselessly,
Agreeing with the Special Rapporteur for the former Yugoslavia that the
response of the international community has been slow and ineffectual, with
the result that the declarations and decisions of the system for the protection
of human rights lose credibility and have been seriously challenged by the
events occurring in Bosnia and Herzegovina,
Supporting the Special Rapporteur for the former Yugoslavia when he states
that the character of his mandate only allows him to further describe crimes
and violations of human rights, but noting that this is not sufficient at
the present time,
Respecting and commending the decision of the Special Rapporteur for the
former Yugoslavia that he does not see any possibility of continuing his
mandate,
Considering that the decision of the Special Rapporteur for the former Yugoslavia
has shaken and moved the members of the Sub-Commission by its great dignity
and endowed the function entrusted to him by the United Nations and
the struggle for human rights in general with high moral character,
Recognizing the dedication shown by the Special Rapporteur in his work in
Bosnia and Herzegovina, which is reflected in the gesture he has made,
Noting that a veritable genocide is being committed massively and in a systematic
manner against the civilian population in Bosnia and Herzegovina, often
in the presence of United Nations forces,
Sharing the moral indignation reflected in the letter of the Special Rapporteur
for the former Yugoslavia addressed to the Secretary-General,
Alarmed at the acts of so-called "ethnic cleansing" and humiliation
and the perpetration of atrocities such as summary executions of innocent
civilians, mass rape, destruction and looting of property and terrorizing
of the population, which have resulted in huge movements of displaced persons
and refugees, thus causing pain, homelessness and famine,
1. Expresses its solidarity with and support for the Special Rapporteur
of the Commission on Human Rights on the situation of human rights in the
territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki, for his moral
and courageous stand and his resignation in protest at the perpetuation
of gross violations in Bosnia and Herzegovina;
2. Stresses its grave concern at the genocidal and massive violations of
human rights to which the civilian population in Bosnia and Herzegovina
is being subjected;
3. Decides to convey the present resolution immediately to the Secretary-General
of the United Nations and to request him to take urgently all necessary
measures to stop these violations and secure the human rights of the people
of Bosnia and Herzegovina.
6th meeting
3 August 1995
[Adopted without a vote. See chap. VII.]
1995/2. Situation in the Middle East
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Noting General Assembly resolutions 48/58 of 14 December 1993
and 49/88 of 16 December 1994, Commission on Human Rights resolutions 1994/4
of 18 February 1994 and 1995/6 of 17 February 1995,
Economic and Social Council resolutions 1994/44 of 29 July 1994
and 1995/52 of 28 July 1995 and its own resolution 1994/13
of 25 August 1994,
Recalling the convening of the International Peace Conference on the Middle East
at Madrid on 30 October 1991, on the basis of Security Council
resolutions 242 (1967) of 22 November 1967 and 338 (1973)
of 22 October 1973, and the subsequent bilateral negotiations,
as well as the meetings of the multilateral working groups,
Noting with satisfaction the broad international support for the peace process
and its contribution to the implementation and furtherance of human rights
in the area,
Welcoming the Declaration of Principles on Interim Self-Government Arrangements,
signed by the Government of Israel and the Palestine Liberation Organization
in Washington, D.C., on 13 September 1993, and the subsequent
agreement on the Gaza Strip and the Jericho area, signed by the Government
of Israel and the Palestine Liberation Organization, the representative
of the Palestinian people, at Cairo on 4 May 1994,
Welcoming also the Agreement between Israel and Jordan on the Common Agenda,
signed in Washington, D.C. on 14 September 1993, the Washington
Declaration signed by the Governments of Jordan and Israel on 25 July 1994,
and the Jordan-Israel Treaty of Peace of 26 October 1994,
1. Reaffirms that the achievement of a comprehensive, just and lasting peace
in the Middle East is essential for the implementation and furtherance
of human rights and fundamental freedoms in the area;
2. Welcomes the peace process begun at Madrid and warmly supports the subsequent
bilateral negotiations through which it has been continued;
3. Endorses the achievements of the peace process to date, which constitute
important initial steps in achieving a comprehensive, just and lasting peace
in the Middle East, and urges all parties to implement the agreements
which have been reached, expressing the hope that successful steps will
be taken soon;
4. Emphasizes the importance of making progress, as a matter of urgency,
on the other tracks of the Arab-Israeli negotiations within the peace process;
5. Supports the request by the Economic and Social Council that all States
Members of the United Nations render support for the peace process
and extend economic, financial and technical assistance to parties in the
region, taking into account, in particular, the needs of the Palestinian
people, especially during the interim period;
6. Expresses its full support for the active role which the United Nations
is playing in the peace process, and in particular for its assistance in
implementing the Declaration of Principles on Interim Self-Government Arrangements
signed by the State of Israel and the Palestine Liberation Organization.
26th meeting
18 August 1994
[Adopted without a vote. See chap. VII.]
1995/3. Situation of human rights in Iraq
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the principles embodied in the Charter of the United Nations,
the Universal Declaration of Human Rights and the International Covenants
on Human Rights,
Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23)
endorsed by the General Assembly in its resolution 48/121 of 20 December 1993,
in particular, part I, paragraph 1, which reaffirms, inter alia,
that human rights and fundamental freedoms are the birthright of all human
beings and that their protection and promotion are the first responsibility
of Governments,
Reaffirming that all Member States have an obligation to promote and protect
human rights and fundamental freedoms and to fulfil the obligations they
have undertaken under the various international instruments in this field,
Mindful that Iraq is a party to the International Covenants on Human Rights
and to other human rights instruments,
Recalling Security Council resolution 688 (1991) of 5 April 1991,
in which the Council demanded an end to the repression of the Iraqi civilian
population and insisted that Iraq cooperate with humanitarian organizations
to ensure that the human and political rights of all Iraqi citizens were
respected,
Recalling also Security Council resolutions 706 (1991) of 15 August 1991
and 712 (1991) of 19 September 1991, authorizing Iraq to sell
part of the oil it produces to satisfy food and medical requirements,
Considering Security Council resolution 986 (1995), of 14 April 1995,
which was adopted unanimously and authorizes the Government of Iraq to put
additional quantities of its oil on the market to meet the basic health
and nutritional needs of the Iraqi people,
Concerned by accumulated information and reports confirming the serious
deterioration of the health and nutritional situation from which the majority
of citizens with limited income suffer as victims of the international embargo,
as well as by economic policy decisions depriving part of the national territory
of supplies of medicines and foodstuffs,
Mindful that the United Nations has not yet sent a fact-finding mission
to the marshlands region of southern Iraq,
Recalling its resolution 1994/14 of 25 August 1994,
Recalling in particular its resolution 1993/20 of 20 August 1993,
in which it condemned the violations of human rights by the Government of
Iraq and urged the implementation of Security Council resolution 688
(1991) of 5 April 1991, in which the Council demanded an end to
the repression of the Iraqi civilian population,
Deeply concerned by recent information that the population continues to
flee the marshlands region, that thousands of Arab Shiah have sought refuge
on the border between Iraq and the Islamic Republic of Iran because of artillery
bombardment and the programme conducted by the Iraqi Government to drain
the southern marshlands, which have led to a mass exodus in the direction
of the border with the Islamic Republic of Iran,
Deeply concerned also by the continued massive repression of the Arab Shiah
population in the south of Iraq, particularly those who are under siege
by the Iraqi armed forces there,
Concerned also by recent operations involving persecution, arbitrary imprisonment
and summary executions in the town of Ramadi in the west of the country
following popular demonstrations condemning the execution of Iraqis from
that region in June 1995,
Horrified by the recent large-scale imprisonments and executions of members
of the Arab Dulaim tribes living in western Iraq,
Deeply concerned about the continuing terrorist acts of the Iraqi Government,
both inside and outside the country, against opposition leaders and United Nations
personnel,
Concerned also by the heavy artillery bombardment of Kurdish regions, which
has become very widespread in recent months and has particularly affected
the city of Arbil,
Expressing its horror at the implementation of decrees of the Council of
the Revolution calling for inhuman punishment for deserters and opponents,
including tattooing of the forehead and mutilation of ears, fingers and
wrists,
Horrified by the fact that widespread and institutionalized torture continues
to be practised as a result of the enactment of a set of decrees to that
effect in 1994,
Deeply concerned that Iraq still refuses to cooperate with the Special Rapporteur
of the Commission on Human Rights on the situation of human rights
in Iraq, Mr. M. van der Stoel, and to permit him to
visit Iraq to investigate human rights violations and refuses categorically
to introduce a monitoring system, as twice requested by the General Assembly
and the Commission on Human Rights,
Recalling the report of the Special Rapporteur on the situation of human
rights in Iraq (E/CN.4/1995/56), in which he notes the continued massive
and grave violations of human rights by the Government of Iraq, such as
summary and arbitrary executions, torture and other cruel, inhuman or degrading
treatment, including that provided for in the decrees calling for the mutilation
and tattooing of the foreheads of deserters and doctors refusing to implement
the decrees, enforced or involuntary disappearances, arbitrary arrest and
detention, lack of due process and the rule of law and of freedom of thought,
expression and association, as well as the existence of specific and serious
discrimination within the country in terms of access to food and health
care,
Deeply concerned by the internal embargo maintained by the Government against
the Kurdish population in the north of Iraq and the Arab Shiah population
in the southern marshlands,
1. Expresses its concern at the exceptional gravity of the human rights
situation in Iraq and therefore welcomes the proposal of the Special Rapporteur
of the Commission on Human Rights on the situation of human rights in Iraq,
contained in his report (E/CN.4/1995/56), that human rights monitors should
be deployed;
2. Calls upon the Government of Iraq immediately to halt its artillery bombardment,
to cease all draining schemes and destruction of the marshes and to lift
the internal embargo imposed in October 1991 on the populations of
the marshlands;
3. Requests the Government of Iraq to abide by the various Security Council
resolutions, particularly resolution 986 (1995) of 14 April 1995,
which would permit it to sell some of its oil to meet the health and food
needs of its population;
4. Appeals to the international community, to the organizations of the United Nations
system and to the Government of Iraq to facilitate the delivery and distribution
of medicines and foodstuffs to the population of the various parts of the
country;
5. Invites the international community to take the necessary measures to
provide assistance to Iraqi citizens and to prevent unprecedented ecological
and human disasters, such as mass exoduses and higher infant mortality;
6. Calls upon the Government of Iraq to cease its internal embargo against
the north and the Shiah populations in the south, areas which are both still
under siege, and to re-establish the electricity supply to both regions;
7. Also calls upon the Government of Iraq to cease its terrorist acts against
opposition leaders and United Nations personnel;
8. Further calls upon the Government of Iraq to put an end to the arbitrary
arrests and imprisonment and summary executions of the members of the Dulaim
tribes in the west of the country;
9. Calls for the cessation of the heavy artillery bombardment of Kurdish
regions by the Iraqi army;
10. Demands the repeal of the inhuman decrees providing for the tattooing
and mutilation of opponents, as well as the rehabilitation of the victims
of those decrees;
11. Urges the Special Rapporteur on the situation of human rights in Iraq
to visit the border and the marshlands and to report his findings to the
General Assembly;
12. Requests the Secretary-General to provide all necessary assistance to
the Special Rapporteur to undertake his mission;
13. Also requests the Secretary-General to call upon the Government of Iraq
to cooperate with the Special Rapporteur;
14. Urges the implementation of Security Council resolution 688 (1991)
of 5 April 1991 and of the recommendations of the Special Rapporteur
to station permanent monitors in the area of the marshlands and establish
permanent aid centres;
15. Strongly condemns the violations of human rights by the Government of
Iraq and the horrible deterioration of social conditions and decides to
keep the situation of human rights in Iraq under review at future sessions
of the Sub-Commission.
26th meeting
18 August 1995
[Adopted by secret ballot by 15 votes to 5,
with 4 abstentions. See chap. VII.]
1995/4. Prevention of incitement to hatred and genocide,
particularly by the media
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the principles embodied in the Charter of the United Nations and
the Universal Declaration of Human Rights and, in particular, in the International
Covenant on Civil and Political Rights and the International Convention
on the Elimination of All Forms of Racial Discrimination, which prohibit
all dissemination of ideas or incitement to acts of violence against any
group of persons of another ethnic origin (art. 4 of the Convention), or
any advocacy of racial hatred that constitutes incitement to hostility or
violence (art. 20, para. 2, of the Covenant) and call for them to be punishable
by law,
Recalling that the States Parties to those instruments have undertaken,
before the international community, to put those principles into practice
and to fulfil the obligations which they have entered into,
Emphasizing that, in their final report to the Sub-Commission on the right
to freedom of opinion and expression (E/CN.4/Sub.2/1992/9 and Add.1), the
Special Rapporteurs, Mr. Joinet and Mr. Türk, recall that, under international
law, racism is not an opinion but an offence,
Having particularly in mind General Assembly resolution 48/91, of 20 December
1993, proclaiming the Third Decade to Combat Racism and Racial Discrimination,
in which the Assembly recommended that Member States and those responsible
for United Nations machinery for the protection of human rights should pay
special attention to the role of the media in the dissemination of racist
ideas and incitement to hatred and racial violence,
Recalling that the Convention on the Prevention and Punishment of the Crime
of Genocide singles out direct and public incitement to commit genocide,
in particular, as a punishable offence (arts. III (c) and IV), provides
that such acts shall not be considered as political crimes for the purpose
of extradition (art. VII) and invites any Contracting Party to call
upon the
competent organs of the United Nations to take such action under the Charter
of the United Nations as they consider appropriate for the prevention and
suppression of acts of genocide, including incitement to commit them, as
provided in article III (c) (art. VIII),
Gravely concerned by the import of detailed and tallying information that
the reporters of a radio station calling itself "Radio Démocratie-La
Voix du Peuple", transmitting from the Uvira region of Zaire, broadcast
with complete impunity, under cover of anonymity, "information"
inciting racial hatred among Burundi citizens and stirring up genocidal
hatred,
1. Condemns categorically the existence of this radio station and of any
other media adopting such criminal practices;
2. Urges the authorities of Zaire, as a Party to the above-mentioned international
instruments, to take steps to close down this radio station, prosecute its
sponsors and "reporters", order an investigation and, in that
connection, place under seal all materials and recordings which may serve
as evidence, and to bring the "reporters" and their sponsors before
the competent courts;
3. Suggests that the Special Rapporteur on Zaire, Mr. Roberto Garreton,
in conjunction with the Special Rapporteur on Burundi, Mr. Paolo Sergio Pinheiro,
accord priority in his observations to the role of such media,
audiovisual or otherwise, in the propagation of genocidal behaviour;
4. Requests the Secretary-General to transmit this resolution to the Zairian
authorities and asks the United Nations High Commissioner for Human Rights
to use his good offices, as a matter of urgency, to facilitate its implementation
by those authorities;
5. Condemns categorically the role played with increasing frequency
by some printed or audiovisual media in inciting genocidal hatred, as revealed
by the Special Rapporteurs on the former Yugoslavia and on Rwanda, Mr. Mazowiecki
and Mr. Degni-Ségui;
6. Decides to consider at its next session, in the light of the facts observed
and the recommendations made by the Special Rapporteurs who have been confronted
with such practices, as well as of any other information from reliable sources,
the pernicious and genocidal role of such hate media and the priority measures
to be taken to prevent and, if necessary, to suppress them.
27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]
1995/5. Situation of human rights in Rwanda
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Deeply concerned at the convincing and appalling evidence of the genocide
resulting from the massacres of the Tutsis, the political assassinations
of the Hutus and the various attacks on human rights in Rwanda,
Conscious that this tragedy is the outcome of policies of discrimination
which have divided the people of Rwanda and brought great suffering,
Conscious also of the pernicious role played, both in the past and at the
present time, by certain States, groups or individuals in the tragedy of
Rwanda,
Convinced of the urgent need to take all requisite steps to put an end to
this situation,
Recalling its resolution 1994/1 of 9 August 1994 and Commission on Human
Rights resolution 1995/91 of 8 March 1995,
1. Condemns once again the genocide committed in Rwanda;
2. Demands an immediate end to all action, carried out with the complicity
of certain States, aimed at arming and training the militias and extremist
elements in the refugee camps for the resumption of the war in Rwanda;
3. Deplores the fact that the efforts of the international community, including
the United Nations and its various organs, are still inadequate, whereas
the duty of trying those responsible for the genocide and war crimes does
not devolve solely on the Government of Rwanda;
4. Calls for every appropriate measure to be taken to reorganize the Rwandan
judicial system;
5. Encourages the voluntary return of Rwandan refugees and their social
reintegration, endeavouring to ensure the safety of all the vulnerable groups
in all the communes;
6. Calls on the international community immediately to provide the necessary
assistance so that the International Tribunal for Rwanda can function and
begin without delay the trials of those accused of genocide in Rwanda;
7. Demands that the Government of Rwanda and the international community
use all possible means to contain the epidemics of dysentery and pneumonia
as well as the gangrene, which are decimating the detainees in Rwandan prisons,
as a result of overcrowding and inhuman conditions of detention;
8. Appeals once again to the Government of Rwanda and the international
community to provide, with the collaboration of the Organization of African
Unity, all the help and assistance needed for the establishment of a State
governed by the rule of law and for the reconstruction of the country, in
conformity with the decisions and the interests of the people of Rwanda;
9. Calls for the individuals implicated in the war crimes, crimes against
humanity and genocide in Rwanda who have already been identified to be punished
in order to guarantee the victims or their heirs fair compensation in accordance
with the principles of international law;
10. Invites the Government of Rwanda to seek and identify the individuals
implicated in the political assassinations carried out in Rwanda and to
establish their responsibility;
11. Calls for the earliest possible adoption of appropriate measures by
States which have granted asylum or other refuge to the individuals implicated
in the genocide and massacres that have plunged Rwanda into mourning, so
that they do not escape justice;
12. Stresses the urgency of starting the trials of the individuals implicated
in the genocide in order to thwart the designs of those who might be tempted
to seek revenge, including the survivors who are demanding justice;
13. Expresses the hope that these measures will be appropriately pursued
so that the crimes perpetrated in the country do not continue to go unpunished,
crimes which are also an open wound in the side of humanity and which can
heal only when the criminals are brought to trial in order to restore honour
and dignity to the victims, to the survivors and to those who courageously
opposed the criminals;
14. Pays tribute to the work of the United Nations High Commissioner
for Human Rights in Rwanda, especially the programmes he has established
to reorganize the judicial system, promote education, human rights and technical
cooperation and investigate the genocide;
15. Also pays tribute to the considerable work accomplished by the Special
Rapporteur on Rwanda, Mr. Degni-Ségui, despite the many obstacles
he has encountered and the pressure and threats to which he has been subjected;
16. Appeals to the international community to make a financial contribution
to the development and education programmes in the field of human rights.
27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]
1995/6. Situation in Colombia
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the principles embodied in the Charter of the United Nations,
the Universal Declaration of Human Rights, the International Covenants on
Human Rights, the Geneva Conventions of 12 August 1949 and the Additional
Protocols thereto of 1977,
Disturbed by continuing allegations of severe violations of human rights
in Colombia,
Disturbed also by allegations of continued violations of humanitarian standards
by armed opposition groups,
Taking note of the statement made by the Chairman of the Commission of Human
Rights at its fifty-first session acknowledging the receipt of a written
communication from the Permanent Representative of Colombia pledging the
cooperation of his Government with the thematic special procedures of the
Commission and with the Office of the High Commissioner for Human Rights
(E/1995/23-E/CN.4/1995/176, para. 595),
Acknowledging with appreciation the ratification by Colombia of Protocol II
Additional to the Geneva Conventions of 12 August 1949 and the efforts by
the Government of Colombia to reform the military justice system, as well
as the existence in the 1991 Constitution of a broad catalogue of rights
and fundamental freedoms and mechanisms for their protection,
Noting with appreciation that the High Commissioner for Human Rights, in
cooperation with the Government of Colombia, has appointed Mr. Philip Texier
to evaluate the needs of Colombia in terms of advisory services, with a
view to establishing an office for that purpose in Colombia,
Recognizing the public acceptance by the President of Colombia of the conclusions
of the special commission created to investigate the violent events which
occurred in the municipality of Trujillo, Valle del Cauca, in 1990, in which
State responsibility was established for the torture, enforced disappearance
and execution of more than 100 rural workers, and the President's announcement
that he would adopt the recommendations of the commission directed at repairing
the damage suffered by the families of the victims and at bringing to justice
the persons responsible,
Concerned, however, by statements of the Working Group on Enforced or Involuntary
Disappearances according to which there are 713 unresolved cases of enforced
disappearance, and by the fact that the Government in July 1994 vetoed a
draft law proscribing the enforced disappearance of persons, which motivated
the Working Group to express its concern about the situation in two separate
letters addressed to the Government, with no response (E/CN.4/1995/36, para.
135),
Noting with appreciation, however, that the President of Colombia has taken
steps to obtain ratification without reservation of the Inter-American Convention
on Enforced Disappearances,
Concerned by the observations made in the joint report of the Special Rapporteurs
on extrajudicial, summary or arbitrary executions and on the question of
torture, prepared after their visit to Colombia in October 1994 and presented
to the Commission on Human Rights at its fifty-first session, that the vast
majority of recommendations made by the representatives of various United Nations
human rights mechanisms that visited Colombia in 1987, 1988 and 1989 have
not been implemented (E/CN.4/1995/111, para. 131),
Recalling that the Special Rapporteurs, in their joint report, recommended
that the Commission should keep the human rights situation in Colombia under
particularly close scrutiny, with a view to the appointment, unless the
situation improved radically in the near future, of a special rapporteur
who could ensure permanent monitoring of and reporting on the human rights
situation and who could cooperate closely with the technical assistance
programme (E/CN.4/1995/111, para. 132),
1. Expresses its thanks to the Government of Colombia for allowing access
by the thematic rapporteurs and other agencies and bodies of the United Nations,
and for its cooperation with the High Commissioner for Human Rights;
2. Expresses its appreciation for the steps taken by the Government which
are intended to curb violations committed by some elements of the security
forces and by paramilitary groups, but deeply disturbed that serious violations
nevertheless continue;
3. Calls on the Government of Colombia to implement the recommendations
made by the thematic rapporteurs and the Working Group on Enforced or Involuntary
Disappearances, and to report to the Commission on Human Rights at its fifty-second
session on the measures taken;
4. Recommends that the Commission on Human Rights consider at its fifty-second
session the developments in Colombia by examining the measures taken by
the Government to implement the recommendations made by the thematic rapporteurs
and the Working Group.
27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]
1995/7. Situation of human rights in Guatemala
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the principles enshrined in the Charter of the United Nations,
the Universal Declaration of Human Rights and the other international human
rights instruments, as well as by the relevant norms and principles of international
humanitarian law,
Recalling its resolution 1994/23 of 25 August 1994,
Bearing in mind that the Commission on Human Rights, in its resolution 1995/51
of 3 March 1995, took note of the report of the independent expert
on the situation of human rights in Guatemala (E/CN.4/1995/15),
Gratified by the signature on 31 March 1995 of the Agreement between
the Government of Guatemala and Unidad Revolucionaria Nacional Guatemalteca
on the Identity and Rights of the Indigenous Peoples, containing provisions
to
strengthen and improve democratic institutions so that they can respond
appropriately to the new definition of the country as a multi-ethnic, multicultural
and multilingual nation, and by the fact that the parties are currently
dealing with the substantive issues pending in the negotiating process,
Recognizing the relevance of the contributions by the Assembly of Civil
Society and the Group of Friendly Countries to the negotiating process,
Taking into consideration the fact that on 19 September 1994 the
General Assembly established the United Nations Mission for the
Verification of Human Rights and of Compliance with the Commitments of the
Comprehensive Agreement on Human Rights in Guatemala (MINUGUA), which began
operations in Guatemala on 21 November 1994 and has already submitted
two reports (A/49/856 and A/49/929),
Deeply concerned that the majority of human rights violations reported are
violations of the right to life, of the integrity and security of the person
or of liberty in which agents of the State are supposedly implicated or
in which the State has failed in its duty to provide safeguards,
Concerned at the persistent problem of impunity manifested in the serious
difficulties that investigations and legal proceedings encounter in making
progress, and in the inability of the judicial system to bring to justice
those intellectually and materially responsible,
Noting that general elections are to be held in Guatemala on 12 November 1995,
Concerned at the high level of abstentions in recent elections, in part
because the climate of violence does not favour widespread participation
by the population,
Also concerned at the marginalization and discrimination that the indigenous
peoples of Guatemala continue to suffer, at the situation of the internally
displaced people, most of them Mayan, and at the difficult conditions facing
returnees and refugees,
1. Expresses its support for the process of negotiations between the Government
of Guatemala and Unidad Revolucionaria Nacional Guatemalteca and expresses
its appreciation to the United Nations Moderator, the Assembly of Civil
Society and the Group of Friendly Countries for their efforts to bring about
a firm and lasting peace;
2. Expresses its satisfaction at the Agreement on the Identity and Rights
of the Indigenous Peoples, which contains undertakings that, besides representing
great advances for Guatemala, could be taken into account by countries with
similar characteristics in that they envisage novel approaches to the recognition
of indigenous institutions, official status for indigenous languages and
judicial reforms;
3. Reiterates its support for the independent expert on the situation of
human rights in Guatemala;
4. Expresses its support and appreciation to MINUGUA for the efforts it
has been making since its inception to verify the Comprehensive Agreement
on Human Rights;
5. Expresses its deepest concern that the signature of the Comprehensive
Agreement on Human Rights and the presence of MINUGUA in Guatemala have
not resulted in a substantial improvement in the human rights situation,
given that grave violations affecting the right to life, to the integrity
and security of the person and to liberty continue to occur;
6. Urges the Government of Guatemala to intensify its efforts to guarantee
complete respect for human rights on the part of all authorities and of
the armed forces and security forces, and to bring to justice those responsible
for human rights violations, upholding the proper administration of justice;
7. Also urges the Government of Guatemala to ensure that the judicial system
can operate with due protection being afforded to magistrates, investigators,
witnesses and members of victims' families; to facilitate the activities
of official and non-governmental human rights organizations; and to provide
compensation to victims of human rights violations in accordance with the
Comprehensive Agreement on Human Rights;
8. Takes note of the decision of the Government of Guatemala to suspend
forcible military recruitment and the announced disbandment of the military
commissioners, and urges the Guatemalan Congress to approve the corresponding
laws as soon as possible;
9. Requests the Government of Guatemala to take the necessary measures to
generate optimum conditions so as to enable elections to take place in the
appropriate political climate, and asks the parties to the negotiations
to give consideration to appropriate measures to ensure unrestricted exercise
of political rights;
10. Also requests the Government of Guatemala to support the Supreme Electoral
Tribunal's programmes to facilitate participation by citizens and the enfranchisement
of the entire population, including internally displaced people, the so-called
"Communities of Populations in Resistance", as well as returnees,
and to provide information in indigenous peoples' languages;
11. Strongly exhorts the Government of Guatemala to set in train, as recommended
by the independent expert, the dismantling of the system of Voluntary Self-Defence
Committees so as to ensure, before the elections, maximum participation
in the electoral process, averting any danger of intimidation;
12. Takes note with satisfaction of the first decisions by Unidad Revolucionaria
Nacional Guatemalteca to suspend activities affecting the economic infrastructure
of the country, and urges it to extend those decisions to cover other activities
that also affect civilian property;
13. Takes note with appreciation of the encouragement the people of Guatemala
have received from political and social circles to participate widely in
the forthcoming elections so as to consolidate democracy;
14. Requests the General Assembly to look favourably on the request to extend
the mandate of MINUGUA so as to ensure verification of the Comprehensive
Agreement on Human Rights, and requests the international community to support
MINUGUA financially;
15. Requests the Commission of the European Union, the Organization of American
States and the United Nations to provide the economic and practical
support that the Supreme Electoral Tribunal may seek in order to ensure
a clear and transparent electoral process;
16. Urges the international community to consider sending observers to Guatemala
to ensure that the electoral process works properly before, during and after
the elections;
17. Requests the Government of Guatemala to give priority to the expansion
of economic and social development programmes, in particular policies and
programmes affecting indigenous peoples, with the full participation of
representatives of such peoples and taking into account their proposals
and criteria in the light of the Agreement on the Identity and Rights of
the Indigenous Peoples;
18. Requests the Government of Guatemala and Unidad Revolucionaria Nacional
Guatemalteca to step up their efforts to apply the Comprehensive Agreement
on Human Rights that has been in force since 29 March 1994, to
comply with the recommendations of MINUGUA and to consider giving swift
effect to urgent provisions of the Agreement on Resettlement of the Population
Groups Uprooted by the Armed Conflict and of the Agreement on the Identity
and Rights of the Indigenous Peoples;
19. Calls on the Government of Guatemala and Unidad Revolucionaria Nacional
Guatemalteca to pursue the negotiating process in depth and swiftly; on
the Secretary-General of the United Nations to provide the necessary
means for that process; on the Group of Friendly Countries to continue its
good offices; and on the Assembly of Civil Society to continue to take part
in the process.
27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]
1995/8. Situation in the territory of the former Yugoslavia
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the purposes and principles of the Charter of the United Nations,
the Universal Declaration of Human Rights, the International Covenants on
Human Rights, the International Convention on the Elimination of All Forms
of Racial Discrimination, the Convention on the Rights of the Child, the
Convention on the Prevention and Punishment of the Crime of Genocide, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or
Punishment, the Convention on the Elimination of All Forms of Discrimination
against Women, the Geneva Conventions of 12 August 1949 and the Additional
Protocols thereto of 1977,
Observing with utter dismay that all the above instruments are being grossly
violated by some of the parties to the conflict in the former Yugoslavia,
Convinced that the international response to the violations taking place
in the former Yugoslavia is a test case of the human rights mission of the
United Nations as a whole,
Recalling its resolution 1993/17 of 20 August 1993 and Commission on Human
Rights resolutions 1992/S-1/1 of 14 August 1992, 1992/S-2/1 of 1 December
1992, 1993/7 and 1993/8 of 23 February 1993, 1994/75 and
1994/77 of 9 March 1994 and 1995/89 of 8 March 1995,
Recalling also Security Council resolution 824 (1993) of 6 May 1993 and 836
(1993) of 4 June 1993, in which the Council declared that Sarajevo, Tuzla,
Zepa, Gorazde, Bihac, Srbenice and their surroundings should be treated
as safe areas and that international humanitarian agencies should be given
free and unimpeded access to those areas,
Recalling further the decision adopted by the World Conference on Human
Rights on 15 June 1993 (A/CONF.157/24 (Part I), chap. IV) to appeal to the
Security Council to end the genocide taking place in Bosnia and Herzegovina,
Reiterating its admiration for the dedication shown by the Special Rapporteur
on the situation of human rights in the territory of the former Yugoslavia,
Mr. Tadeuz Mazowiecki, and for his work in the whole of the former Yugoslavia
and in particular in Bosnia and Herzegovina, as expressed in its resolution
1995/1,
Having noted with the utmost anguish the reports of the Special Rapporteur,
and disturbed by the lack of attention to his recommendations which made
him conclude that the response of the international community had been slow
and ineffectual and that he therefore did not see any possibility of continuing
his mandate,
Expressing once again its horror and its total and unqualified condemnation
of so-called "ethnic cleansing" wherever it occurs,
Appalled by the acts of genocide carried out by the rebel Pale Serbs in
Bosnia and Herzegovina, including the evidence indicating that large-scale
massacres of the Muslim population have taken place after the occupation
of the "safe areas" of Zepa and Srebrenica,
Distressed by the vast displacements of people and large flows of refugees
of the various ethnic groups, including the flight of many thousands of
Croatian Serbs from the area of Krajina, of the non-Serb population from
the Banja Luka region and of Croats from Vojvodina,
Recalling that the international community, including the United Nations,
has recognized the new States of the former Yugoslavia with the borders
they had as republics of Yugoslavia,
Recalling also the statement by the President of the Security Council,
on 4 August 1995, expressing on behalf of the Council deep
concern at the resumption of hostilities in and around the Republic of Croatia,
condemning any shelling of civilian targets and demanding that no military
action be taken against civilians,
Recognizing that peace talks may require that temporary cease-fire lines
be drawn to bring the fighting to an end,
Expressing its opposition, however, to any permanent division of any independent
country of the former Yugoslavia on ethnic or religious grounds, and observing
that such division would constitute a new form of apartheid,
Noting with appreciation the achievements towards the preservation of the
territorial integrity of Bosnia and Herzegovina through the creation of
the Federation of Bosnia and Herzegovina established by the Washington agreements
of 1 March 1994, which should serve as a model for the reconciliation of
all groups within Bosnia and Herzegovina and which, in areas under the control
of the Government, has tangibly improved the human rights situation,
Welcoming the recent decision by the International Criminal Tribunal for
the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia to
implement its first indictments,
1. Calls on all parties to the conflict scrupulously to respect humanitarian
standards applicable to all parties and in all situations, immediately to
halt all acts of violence directed against the civilian population, including
the prevention of any violence directed against fleeing refugees, and to
allow delivery of humanitarian relief wherever it is needed;
2. Reaffirms the invalidity of any forcible territorial gains;
3. Emphasizes that the practices and consequences of "ethnic cleansing"
should in no way be legitimized as part of the peace settlements;
4. Affirms the right of persons to remain in peace in their own homes, on
their own lands and in their own countries within the borders already recognized
by the United Nations;
5. Recommends that the United Nations and all Governments take measures
to enable all refugees, deportees and displaced persons to return safely
to their homes and their properties to be restored to them, any documents
signed by them under duress being rejected;
6. Also recommends that steps be taken to ensure reparation and compensation
for losses suffered as a consequence of aggression and "ethnic cleansing",
to which end the international community should contribute to the resources
required, it being understood that those responsible for causing destruction
and other losses shall be held personally responsible for repayment for
the losses incurred;
7. Emphasizes that no provision for impunity for any act of genocide, "ethnic
cleansing" or other serious war crime, including rape, must be made
in the peace plan;
8. Welcomes the progress made by the Prosecutor of the International Criminal
Tribunal and calls on all States, as required under Security Council
resolution 827 (1993) of 23 May 1993, to cooperate with the International
Tribunal in providing information and evidence for investigations and trials
and in the apprehension and surrender of persons accused of crimes within
the jurisdiction of the Tribunal;
9. Demands that those who have engaged in incitement to ethnic or religious
hatred be brought to justice and held individually accountable for their
acts;
10. Urges that conditions be established for the continuation of the function
of special rapporteur on the situation of human rights in the territory
of the former Yugoslavia and that a new special rapporteur be appointed
when such conditions are established, and requests that the recommendations
contained in the reports of the former Special Rapporteur be given the highest
priority in any dealings of the United Nations with the parties in the former
Yugoslavia;
11. Again requests the Secretary-General to take all necessary measures
to stop the massive violations of human rights in the former Yugoslavia
and to secure the human rights of all persons within the countries concerned;
12. Commends those pursuing peace negotiations with the conflicting parties
in the former Yugoslavia, and calls on them vigorously to pursue such peace
settlements as are in conformity with the purposes and principles of the
United Nations, with international law in general and with the law of human
rights and fundamental freedoms in particular.
27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]
1995/9. Situation in the Palestinian and other Arab
territories occupied by Israel
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the purposes and principles of the Charter of the United Nations,
the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights, in particular the principles of equal rights and self-determination
of all peoples,
Mindful of the principles and humanitarian provisions of the Geneva Conventions
of 12 August 1949 for the protection of war victims, of the principles
and provisions of international law, and of the obligations arising from
the Regulations concerning the Laws and Customs of War on Land, annexed
to the Hague Convention IV of 1907,
Recalling that, in accordance with article 1 of the Geneva Conventions
of 12 August 1949, all States parties to the Conventions have
undertaken to respect and to ensure respect for the Conventions in all circumstances,
Recalling also all the resolutions of the General Assembly and the
Commission on Human Rights which affirm the applicability of the Geneva
Convention relative to the Protection of Civilian Persons in Time of War,
of 12 August 1949, to the Palestinian and other Arab territories
occupied by Israel since 1967, including Jerusalem,
Recalling further the relevant Security Council resolutions, in particular
resolutions 605 (1987) of 22 December 1987, 607 (1988)
of
5 January 1988, 608 (1988) of 14 January 1988,
636 (1989) of 6 July 1989, 681 (1990) of 20 December 1990,
726 (1992) of 6 January 1992 and 799 (1992) of 18
December 1992,
Taking note of the reports of the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian People and Other
Arabs of the Occupied Territories submitted to the General Assembly,
Deeply alarmed at the non-respect by Israel of the Geneva Convention relative
to the Protection of Civilian Persons in Time of War, of 12 August 1949,
and the failure to apply it to the Palestinians in the occupied Palestinian
territories,
Welcoming the ongoing Middle East peace process started at Madrid, in particular
the signing at Cairo on 4 May 1994 of the first agreement on the
implementation of the Declaration of Principles on the Gaza Strip and
Jericho Area by the Government of Israel and the Palestine Liberation Organization,
the representative of the Palestinian people,
Recalling the time-frame for elections contained in the Declaration of Principles
on Interim Self-Government Arrangements,
1. Reaffirms that the Israeli occupation of Palestinian and other Arab territories,
including Jerusalem, itself constitutes a gross violation of human rights;
2. Also reaffirms that the continued imposition of collective punishment
and isolation of occupied areas, after the signing of the Declaration of
Principles on Interim Self-Government Arrangements by Israel and the Palestine
Liberation Organization in Washington, D.C., on 13 September 1993,
constitute grave violations of the principles of international humanitarian
law and of the provisions of the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949, of the
Universal Declaration of Human Rights, of the International Covenant on
Civil and Political Rights and of the International Covenant on Economic,
Social and Cultural Rights;
3. Reaffirms that the installation of Israeli civilians in the Palestinian
and other Arab occupied territories is illegal and constitutes a violation
of the relevant provisions of the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949;
4. Calls upon the States parties to the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,
to ensure respect by Israel for the Convention and to secure protection
for the Palestinian people under occupation, until the end of this occupation,
in accordance with article 1 of the Convention;
5. Reaffirms the inalienable rights of the Palestinian people to return
to their homeland in accordance with General Assembly resolution 194 (III)
of 11 December 1948, to self-determination without foreign interference
and to establish their independent sovereign State on their national soil,
in accordance with the principles and provisions of the Charter of the United Nations
and with resolutions of the General Assembly and of the Commission
on Human Rights;
6. Reaffirms Economic and Social Council resolution 1995/49 of 28 July 1995
on the economic and social repercussions of the Israeli settlements on the
Palestinian people in the Palestinian territory, including Jerusalem, occupied
since 1967, and on the Arab population of the occupied Syrian Golan;
7. Calls upon Israel:
(a) To comply with its international obligations, respect the rules of international law and apply the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian and other occupied Arab territories;8. Calls upon the Palestinian Authority:
(b) To desist from establishing Israeli settlements in the Palestinian and other occupied Arab territories, and calls for them to be dismantled and confirms that all measures taken by Israel with the purpose of annexing or of altering the demographic, cultural, religious or other character of those territories, including Jerusalem, are illegal, null and void;
(c) To comply with the relevant resolutions of the General Assembly and of the Security Council, particularly resolution 497 (1981), in which the Council inter alia decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect, and demanded that Israel, the occupying Power, should rescind forthwith its decision;
(d) To desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, and to desist from its repressive measures against them and from all other practices mentioned in the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and other Arabs of the Occupied Territories, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties, and calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to in the present resolution;
(a) To comply with all current international norms in the field of human rights;
(b) To provide greater access to its prisons and interrogators through international organizations;
(c) To avail itself of the advisory services offered by the Centre for Human Rights with a view to fostering human rights institutions;
(d) To hold free elections, which, as a result of ongoing negotiations, are already delayed.
(a) Police brutality against ethnic Albanians, the deaths of ethnic Albanians resulting from such brutality, arbitrary searches, seizures and arrests, forced evictions, torture and ill-treatment of detainees, and discrimination in the administration of justice, including several trials, which are still going on, of former Albanian policemen,
(b) Discriminatory and arbitrary dismissals of ethnic Albanian civil servants, notably from the ranks of the police and the judiciary, mass dismissals of ethnic Albanians, confiscation and expropriation of their property, discrimination against Albanian pupils and teachers, the closing of Albanian language secondary schools and the Albanian university, as well as the closing of Albanian cultural and scientific institutions,
(c) The harassment and persecution of political parties and associations of ethnic Albanians and their leaders and activists who, on a permanent basis, are subjected to inhuman and degrading il-treatment and arrest,
(d) The intimidation, systematic harassment and imprisonment of ethnic Albanian journalists and disruption of the Albanian language news media,
(e) The dismissal of doctors and other medical staff from clinics and hospitals,
(f) The elimination in practice of the Albanian language, particularly in the public administration and services,
(g) The serious and massive occurrence of discriminatory and repressive practices aimed at Kosovo Albanians as a whole, which is resulting in widespread involuntary migration, and noting that these measures and practices constitute a form of silent "ethnic cleansing",
(a) Take all necessary measures to bring to an immediate end all human rights violations against ethnic Albanians in Kosovo, including, in particular, discriminatory measures and practices, arbitrary searches and detention, violation of the right to a fair trial and the practice of torture and other cruel, inhuman or degrading treatment;
(b) Revoke all discriminatory legislation, in particular that which has entered into force since 1989;
(c) Release all political prisoners in Kosovo;
(d) Establish genuine democratic institutions in Kosovo, including the parliament and judiciary, and respect the will of its inhabitants as the best means of preventing the escalation of conflict there;
(e) Reopen all the cultural and scientific institutions of the ethnic Albanians;
(f) Pursue dialogue with the representatives of ethnic Albanians in Kosovo under the auspices of the International Conference on the Former Yugoslavia;
A. Special Rapporteur on the sale of children, child prostitution and
child pornography
2. Expresses its deep appreciation to Mr. Vitit Muntarbhorn for
his excellent work and the outstanding reports he submitted to the Commission
on Human Rights and the General Assembly, and welcomes the appointment
of Mrs. Ofelia Calcetas-Santos as the new Special Rapporteur on
the sale of children, child prostitution and child pornography;
3. Takes note of the information on these problems submitted by the participants
at the twentieth session of the Working Group, and requests the Centre for
Human Rights to transmit the information to the Special Rapporteur, along
with the recommendations relating to her mandate;
4. Requests the Special Rapporteur, within the framework of her mandate,
to continue to pay attention to issues relating to trafficking in children,
such as alleged transplantation of organs, disappearances, the purchase
and sale of children, adoptions for commercial purposes or exploitation
and child prostitution;
5. Invites the Special Rapporteur to participate in the twenty-first session
of the Working Group;
B. Programme of Action for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography
6. Decides to transmit the report of the Secretary-General on the status
of implementation of the Programme of Action for the Prevention of the Sale
of Children, Child Prostitution and Child Pornography (E/CN.4/Sub.2/1995/29
and Add.1) to the Commission on Human Rights for its consideration;
7. Requests the Secretary-General to invite all States to continue to inform
the Working Group of measures adopted to implement the Programme of Action;
8. Encourages all Governments to consider, in the context of the Programme
of Action, the creation of programmes aimed at the social rehabilitation
of all victims of trafficking, prostitution and pornography, in particular
children, and requests international cooperation for establishing and implementing
such programmes;
C. Trafficking in organs
9. Requests the Secretary-General to invite again all Governments, United Nations
organizations and bodies, including the United Nations Children's Fund,
the specialized agencies, in particular the World Health Organization, the
International Criminal Police Organization and all relevant non-governmental
organizations, including scientific and medical associations, to pursue
their investigation of allegations that children are victims of, or even
killed for, the removal of organs for the purposes of commercial transplants
and to indicate any measures taken to counteract the practice wherever it
exists, and to present a report to the Working Group at its next session;
10. Recommends that the Commission on Human Rights designate an expert to
investigate and prepare a study on allegations regarding the removal of
organs and tissues of children and adults for commercial purposes;
11. Encourages the World Health Organization to continue to pay special
attention to the issue by, in particular, updating its Guiding Principles
on Human Organ Transplantation;
12. Expresses its concern that in some States non-therapeutic research may
be conducted on and removal of tissue may be permitted from minors and mentally
ill patients on the basis of surrogate consent, in violation of the provisions
of article 7 of the International Covenant on Civil and Political Rights;
13. Decides to continue to examine this matter at its forty-eighth session
and to consider the advisability of drafting, with the cooperation of the
World Health Organization, United Nations standards to ensure protection
against unlawful organ transplants;
14. Requests the Secretary-General to invite States to inform the Working
Group of measures adopted to implement the Programme of Action on the Elimination
of the Exploitation of Child Labour and to submit a report thereon to the
Sub-Commission at its forty-eighth session and to the Commission at its
fifty-third session;
15. Considers that a study on the exploitation of child labour and debt
bondage is of great importance;
16. Urges all States, while attempting ultimately to eliminate the phenomenon
of child labour, to adopt measures and regulations to ensure that their
labour is not exploited and to prohibit their labour in hazardous occupations;
17. Takes note with satisfaction of the promulgation by States of laws
against debt bondage, and appeals to Governments to adopt all the necessary
measures to implement and follow up the implementation of such laws;
18. Requests the specialized agencies, in particular the financial institutions
of the United Nations system, to ensure that the projects they support
do not use or in any way promote bonded labour;
19. Recommends that trade unions at the local, national and international
levels utilize the existing structure of the International Labour Organization
dealing with violations of the conventions concerning forced labour, and
encourages concerned non-governmental organizations to strengthen their
activities for disseminating information and advising trade unions in this
regard;
20. Urges all countries to ensure that bonded labour is not used to produce
the goods they import or export;
21. Welcomes the convening of the World Congress against Commercial Sexual
Exploitation of Children, to be held at Stockholm from 26 to 31 August 1996,
organized by the Government of Sweden, the United Nations Children's
Fund, End Child Prostitution in Asian Tourism and the NGO Group for the
Convention on the Rights of the Child, and invites Governments to participate
fully in the planning of the World Congress;
22. Recommends that the Commission on Human Rights adopt the draft programme
of action for the prevention of trafficking in persons and the exploitation
of the prostitution of others (E/CN.4/Sub.2/1995/28/Add.1);
23. Also recommends that Governments prohibit the advertising or publicizing
of sex tourism and that they not facilitate other commercial activities
involving sexual exploitation;
24. Encourages Governments to establish specific projects for the protection
of the victims of traffic in persons and of prostitution from the risk of
infection with the HIV virus and the spread of AIDS;
25. Urges States to introduce and reinforce education programmes alerting
children to the risks of sexual exploitation and the consequences for individuals
and for society of such exploitation;
26. Recommends that States, non-governmental organizations, tourism industry
syndicates, religious leaders and grass-roots organizations take urgent
measures designed to protect minors from exposure to or involvement in child
pornography, and requests the Secretary-General to invite States to provide
information on measures taken or already applicable in this regard;
27. Also recommends that national institutions for the prevention of prostitution
be established in all States in order to assist in the rehabilitation and
reintegration of victims of prostitution;
28. Considers that the situation of migrant workers has deteriorated;
29. Urges States to ratify the Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families;
30. Strongly condemns practices of unequal treatment of migrant workers
and the denial to them of minimum human consideration and dignity;
31. Recommends that non-governmental organizations, in the framework of
their activities, give attention to the grave problems affecting migrant
workers and provide information to the Working Group in this regard;
32. Welcomes the decision of the Working Group to include this item in
the provisional agenda for the twenty-first session and to consider ways
to combat incest and sexual abuse of children inside the family, and emphasizes
the urgent need for adequate help to be offered to victims of such practices;
33. Urges Governments to make confidential facilities available for children
to make disclosures of the situation and to obtain advice;
34. Urges Member States to take adequate steps to punish suitably the perpetrators
of this most heinous offence;
35. Considers that forced labour is a contemporary form of slavery;
36. Welcomes the decision of the Working Group to include this item in the
provisional agenda for the twenty-first session;
37. Welcomes the decision of the Working Group to include this item in
the provisional agenda for the twenty-first session;
38. Decides to transmit the information received concerning the sexual
exploitation of women and other forms of forced labour during wartime to
the Special Rapporteurs on the question of impunity of perpetrators of violations
of human rights, and recommends that the Special Rapporteurs take into consideration
the information on this question received by the Working Group during its
twentieth session;
39. Welcomes the information provided by the Government of Japan to the
Working Group and to the Sub-Commission at its forty-seventh session regarding
its action in relation to the issue of women sex slaves during the Second
World War, seeing those measures as useful steps towards the solution of
outstanding complaints regarding activities of Japanese military forces
before September 1945;
40. Considers that the prompt establishment of a Japanese administrative
tribunal to deal with persons who suffered maltreatment, in particular subjection
to treatment akin to slavery, would effectively settle such grievances;
41. Recalls the recommendations adopted by the Working Group at its nineteenth
session (E/CN.4/Sub.2/1994/33, chap. VI), in particular recommendation 13,
paragraphs 1 to 4, and draws the attention of the parties concerned to the
possibility of making agreements on voluntary submission to a settlement
mechanism;
42. Appeals to all Governments to send representatives to the meetings of
the Working Group;
43. Requests the Secretary-General to seek the views and suggestions of
Member States and of intergovernmental and non-governmental organizations
on proposals for future action of the Working Group with a view to the consideration
of their replies by the Working Group at its forthcoming sessions;
44. Encourages youth organizations and young persons from various non-governmental
organizations to participate in the meetings of the Working Group;
45. Recommends that the Human Rights Committee, the Committee on Economic,
Social and Cultural Rights, the Committee on the Elimination of Discrimination
against Women and the Committee on the Rights of the Child, when examining
periodic reports of States parties, give particular attention to the implementation
of, respectively, articles 8 and 24 of the International Covenant on Civil
and Political Rights, articles 10, 12 and 13 of the International Covenant
on Economic, Social and Cultural Rights, article 6 of the Convention on
the Elimination of All Forms of Discrimination against Women and articles
32, 34 and 36 of the Convention on the Rights of the Child, and include
in their guidelines an item concerning contemporary forms of slavery;
46. Also recommends that the supervisory bodies of the International Labour
Organization and the Committee on Conventions and Recommendations of the
United Nations Educational, Scientific and Cultural Organization give
particular attention in their work to the implementation of provisions and
standards designed to ensure protection of children and other persons exposed
to contemporary forms of slavery, such as the sale of children, child prostitution
and child pornography, the exploitation of child labour, bonded labour and
the traffic in persons;
47. Requests the Secretary-General to transmit to the Committees mentioned
above, the Special Rapporteurs concerned and the Working Group on Enforced
or Involuntary Disappearances of the Commission on Human Rights the recommendations
of relevance to them contained in the report of the Working Group;
48. Draws the attention of the Fourth World Conference on Women, to be held
in Beijing in September 1995, to the work of the Working Group, in particular
on issues involving women and girl children;
49. Welcomes the decision of the Secretary-General to reassign to the Working
Group a Professional staff member of the Centre for Human Rights, as was
the case in the past, to work on a permanent basis to ensure continuity
and close coordination within and outside the Centre for Human Rights on
issues relating to contemporary forms of slavery, prepare documentation
well in advance and facilitate the attendance at the Working Group's sessions
of the largest possible number of intergovernmental and non-governmental
organizations with competence in the fields examined;
50. Again requests the Secretary-General to designate the Centre for Human
Rights as the focal point for the coordination of activities and the dissemination
of information within the United Nations system for the suppression
of contemporary forms of slavery and to report on the measures taken for
that purpose to the Commission on Human Rights at its fifty-second session
and to the Working Group at its twenty-first session;
51. Recalls the endorsement by the Commission on Human Rights and the Economic
and Social Council of the proposal made by the Working Group on Contemporary
Forms of Slavery that the General Assembly declare 2 December,
the date of adoption of the Convention for the Suppression of the Traffic
in Persons and of the Exploitation of the Prostitution of Others of 1949,
"International Day for the Abolition of Slavery in all its Forms";
52. Notes that the Economic and Social Council, in its resolution 1993/48
of 28 July 1993, approved the endorsement by the Commission on Human Rights
of the recommendation made by the Sub-Commission in its resolution
1992/2 of 14 August 1992 that arrangements regarding the organization of
the sessions of the Working Group, as contained in Commission decision 1992/115
of 3 March 1992, be repeated in subsequent years;
53. Recommends that the Commission make provision for adequate discussion
of the issue of contemporary forms of slavery and of the Working Group's
report near the beginning of each session, thereby strengthening its involvement
in the activities of the Working Group on Contemporary Forms of Slavery.
27th meeting
18 August 1995
[Adopted without a vote. See chap. XVI.]
1995/17. Human rights and disability
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolutions 1993/22 of 20 August 1993 and 1994/10
of 19 August 1994 and the reference therein to the Vienna Declaration
and Programme of Action, adopted by the World Conference on Human Rights,
which reaffirm that persons with disabilities should be guaranteed equal
opportunity through the elimination of all barriers, be they physical, financial,
social or psychological, which exclude or restrict full participation in
society,
Noting the report prepared by the Secretary-General (E/CN.4/Sub.2/1994/35)
pursuant to the request of the Sub-Commission in resolution 1993/22
for information on the coordination endeavours, and their results, undertaken
by the various United Nations organs and bodies concerned with the
protection of persons with disabilities,
Noting also that the Commission on Human Rights, in its resolution 1995/58
of 3 March 1995, reaffirmed its commitment to ensuring that the
rights of persons with disabilities and their concerns for full participation
in community affairs would continue to be addressed in all its work,
Recognizing that the Standard Rules on the Equalization of Opportunities
for Persons with Disabilities (General Assembly resolution 48/96, annex)
in themselves do not contain legal clauses that obligate States to respect
pertinent provisions of the International Bill of Human Rights and other
human rights instruments, such as the Convention on the Rights of the Child,
Mindful of its continuing responsibility, under Commission on Human Rights
resolution 8 (XXIII) and Economic and Social Council resolution 1235 (XLII),
to study, each year, situations which reveal a consistent pattern of violations
of human rights and fundamental freedoms set out in the International Bill
of Human Rights and in pertinent United Nations treaties,
1. Requests the Secretary-General to report in 1996 to the Sub-Commission
regarding coordination endeavours which affect persons with disabilities,
with emphasis on activities of the other United Nations organizations
and bodies that deal with alleged violations of the legal obligations of
States under the International Bill of Human Rights and United Nations
treaties that protect persons with disabilities;
2. Encourages all the human rights treaty-monitoring bodies to respond positively
to invitations from the Sub-Commission and the Commission to monitor the
compliance of States with their commitments under the relevant human rights
instruments in order to ensure the full enjoyment of those rights by persons
with disabilities, and to respond in writing;
3. Requests the Secretary-General, in continuing response to the concern
of the General Assembly expressed in its resolution 48/99 of 20 December 1993
regarding the need to give higher priority and viability to disability issues,
to help ensure wide distribution of the report of the Special Rapporteur,
Mr. Leandro Despouy, entitled Human Rights and Disabled Persons
(United Nations publication, Sales No. E.92.XIV.4), in which international
mechanisms for the protection of persons with disabilities, such as
a moderator or ombudsman, are proposed;
4. Recognizes the contribution of non-governmental organizations, especially
organizations of persons with disabilities, in the global effort to bring
about full participation and equality for persons with disabilities;
5. Decides to remain seized of the question and to consider it at its forty-eighth
session under the same agenda item.
27th meeting
18 August 1995
[Adopted without a vote. See chap. XVII.]
1995/18. Situation of human rights in the Islamic Republic
of Iran
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its relevant resolutions, including the most recent, resolution 1994/16
of 25 August 1994, calling for an end to the violations of human
rights by the Islamic Republic of Iran,
Recalling also relevant resolutions of the Commission on Human Rights, including
the most recent, resolution 1995/68 of 8 March 1995, as well as those of
the General Assembly, including the most recent, resolution 49/202
of 23 December 1994,
Gravely concerned at the increase in public hangings and stoning to death
as reported by the Special Representative of the Commission on Human Rights
on the situation of human rights in the Islamic Republic of Iran in his
report to the Commission at its fifty-first session (E/CN.4/1995/55),
Deeply concerned at extensive and continuing human rights violations by
the Government of the Islamic Republic of Iran, including arbitrary and
summary executions, torture and inhuman or degrading treatment and punishment,
arbitrary arrests and imprisonment, unexplained disappearances, the absence
of guarantees essential for the protection of the right to a fair trial
and disregard for freedom of expression and freedom of religion,
Concerned at the repression by the security forces of peaceful demonstrators,
particularly on 4 April 1995, resulting in the killing or wounding
of many civilians,
Concerned particularly over the fate of hundreds of people arrested during
the demonstrations of 4 April 1995 in south Tehran and during
other protest acts who are in danger of being executed,
Appalled at the continued repression of women in the Islamic Republic of
Iran, including the practice of gender-based discrimination and the use
of unacceptable and unjustifiable means of punishment,
Reaffirming that Governments are accountable for assassinations and attacks
by their agents against persons on the territory of another State, as well
as for the incitement, approval or wilful condoning of such acts,
Aware of allegations that the Iranian embassy in Germany is actively spying
on Iranian refugees in that country,
Convinced of the need for an inquiry into the assassination abroad on 17 May
and 10 July 1995 of five members of the Iranian resistance, which
allegedly involved agents of the Government of the Islamic Republic of Iran,
Welcoming the recommendations contained in the report of the Special Representative
and the decision of the Commission to continue the mandate of the Special
Representative,
Noting that the Government of the Islamic Republic of Iran has responded
to the Special Representative's request for information concerning allegations
of human rights violations in that country but has not allowed him to pay
a fourth visit to the country so that he might obtain direct and first-hand
information on the current human rights situation,
Noting that relevant international organizations and bodies emphasize the
role of the Islamic Republic of Iran in intimidating and harassing the religious
minorities in the Islamic Republic of Iran during the past year, in particular
in the assassination of three Christian leaders,
Affirming that human rights are universal and indivisible and that the violation
of internationally recognized human rights standards cannot be justified
by cultural or religious considerations,
1. Condemns the flagrant violations of human rights in the Islamic Republic
of Iran which, as noted by the Special Representative of the Commission,
include:
(a) Excessive use of the death penalty;
(b) Numerous cases of torture and cruel, inhuman or degrading treatment and punishment;
(c) The use of excessive force and guns in suppressing public demonstrations, as well as the organization of secret patrols;
(d) Harassment and intimidation of people by street patrols;
(e) A failure to meet international standards with regard to due process and the administration of justice;
(f) Religious discrimination, notably against Baha'is and Christian individuals and groups;
(g) Discrimination against women;
(h) Restrictions on freedom of expression and freedom of opinion and undue limitation of freedom of the press;
(a) In connection with item 3: Mr. Musa bin Hitam, Chairman of the fifty-first session of the Commission on Human Rights (pursuant to Commission on Human Rights resolution 1995/26 of 3 March 1995);
(b) In connection with item 5 (a): Mr. Maurice Glèlè-Ahanhanzo, Special Rapporteur of the Commission on Human Rights on contemporary forms of racism, racial discrimination and xenophobia and related intolerance;
(c) In connection with item 8: Mr. Rajindar Sachar, to present the final report on the right to adequate housing (E/CN.4/Sub.2/1995/12) and Mr. Leandro Despouy, to present the second interim report on human rights and extreme poverty (E/CN.4/Sub.2/1995/15);
(d) In connection with item 10 (a): Mr. Leandro Despouy, to present the eighth annual report and list of States which have proclaimed, extended, or terminated a state of emergency (E/CN.4/Sub.2/1995/20 and Corr.1);
(e) In connection with items 15 and 16: Ms. Ofelia Calcetas-Santos, Special Rapporteur of the Commission on Human Rights on the sale of children, child prostitution and child pornography (pursuant to Commission on Human Rights resolution 1995/79 of 8 March 1995).
(a) All statements in exercise of the right of reply will be made only at the end of the debate on each agenda item;
(b) Denunciations of cases of violations of human rights and specific accusations made under item 6 cannot be repeated under another item of the agenda.
A. Opening and duration of the session
1. The Sub-Commission on Prevention of Discrimination and Protection of
Minorities held its forty-seventh session at the United Nations Office
at Geneva from 31 July to 25 August 1995. It held 36 meetings
(E/CN.4/Sub.2/1995/SR.1-36 and SR.33/Add.1 and SR.36/Add.1) during the session.
2. The session was opened by Ms. Judith Sefi Attah, Chairperson of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities at its forty-sixth
session, who made a statement. The High Commissioner for Human Rights,
Mr. José Ayala-Lasso, also addressed the Sub-Commission
at its 1st meeting on 31 July 1995.
B. Attendance
3. The session was attended by members of the Sub-Commission, by observers
for States Members of the United Nations, by observers for non-member
States and by representatives of United Nations bodies, specialized
agencies, intergovernmental organizations, a national liberation movement
and non-governmental and other organizations. The attendance list is given
in annex II to the present report.
C. Election of officers
4. At its 1st meeting, on 31 July 1995, the Sub-Commission elected
the following officers by acclamation:
Chairman: Mr. Ioan Maxim
Vice-Chairmen: Mr. Asbjørn Eide
Mr. El-Hadji Guissé
Mr. Maksum-Ul-Hakim
Rapporteur: Mr. José Bengoa
D. Adoption of the agenda
5. At its 1st meeting, the Sub-Commission had before it the provisional
agenda for the forty-seventh session (E/CN.4/Sub.2/1995/1 and Corr.1), drawn
up in accordance with rule 5 of the rules of procedure of the functional
commissions of the Economic and Social Council, on the basis of the draft
provisional agenda considered by the Sub-Commission at its forty-sixth session
in accordance with paragraph 3 of Economic and Social Council resolution 1894 (LVII).
6. At the same meeting, statements with regard to the provisional agenda
for the forty-seventh session were made by Mr. Ali Khan, Ms. Attah,
Mr. Bengoa, Ms. Daes, Ms. Ferriol Echevarría,
Mr. Eide, Mr. El-Hajjé, Mr. Fan Guoxiang, Ms. Gwanmesia,
Mr. Joinet, Mr. Lindgren Alves, Ms. Warzazi and Mr. Yimer.
7. At the proposal of Mr. Joinet, the Sub-Commission decided to postpone
consideration of item 12 of the provisional agenda entitled "Human
rights and scientific and technological developments" to the forty-eighth
session of the Sub-Commission.
8. For the text of the decision, see chapter II, section B, decision 1995/101.
9. Ms. Daes proposed the inclusion of a new agenda item entitled "The
fiftieth anniversary of the United Nations and the Sub-Commission".
The members of the Sub-Commission decided to approve the proposal.
10. For the text of the decision, see chapter II, section B, decision 1995/102.
11. At the same meeting, the agenda, as revised, was adopted without a vote.
12. For the text of the agenda, see annex I to the present report.
E. Organization of work
13. At the 2nd meeting, on 1 August 1995, the Sub-Commission
decided to establish a sessional working group on the administration of
justice and the question of compensation, under agenda item 10.
14. For the text of the decision, see chapter II, section B, decision 1995/103.
15. At the same meeting, upon the recommendation of its officers, the Sub-Commission
decided to invite a number of experts and special rapporteurs to participate
in the meetings at which their reports were to be considered.
16. For the text of the decision, see chapter II, section B, decision 1995/104.
F. Meetings, resolutions and documentation
17. Written communications transmitted by Governments and non-governmental
organizations for circulation at the forty-seventh session of the Sub-Commission
are mentioned in the chapter on the items to which the communications refer.
18. The Sub-Commission adopted resolutions 1995/1 to 1995/40 and took 19 decisions.
The texts of these resolutions and decisions appear in chapter II,
sections A and B respectively.
19. Draft resolutions and decisions for action or consideration by the Commission
on Human Rights are set out in chapter I, sections A and B respectively.
20. Information concerning the administrative and programme budget implications
of the resolutions and decisions adopted by the Sub-Commission at its forty-seventh
session is provided in annex III.
21. A list of the resolutions and decisions referring to matters drawn to
the attention of the Commission on Human Rights is contained in annex IV.
22. A list of studies completed at the forty-seventh session and of ongoing
studies, drawn up in accordance with Commission on Human Rights resolution 1982/23,
appears in annex V.
23. A list of documents issued for the forty-seventh session of the Sub-Commission
appears in annex VI.
G. Other matters
24. At the 1st meeting, on 31 July 1995, Ms. Warzazi
proposed that the Sub-Commission observe a minute of silence in honour of
the victims of the conflict in the former Yugoslavia. At the invitation
of the Chairman, and pursuant to Sub-Commission decision 1994/103,
the Commission observed a minute of silence in honour of the victims of
all forms of violations of human rights in all regions of the world, including
those in the former Yugoslavia.
25. At the 36th meeting, on 25 August 1995, the High Commissioner for Human Rights,
Mr. José Ayala Lasso, made a closing statement.
26. The Sub-Commission considered agenda item 3 together with item 4
(see chap. V) at its 19th, 20th, 21st, 23rd and 35th meetings,
on 14, 15, 17 and 24 August 1995.
27. At the 19th meeting, on 14 August 1995, the Secretary of the
Sub-Commission read out a statement on behalf of the Chairman of the Commission
on Human Rights at its fifty-first session, Mr. Musa bin Hitam.
28. In the general debate on the item, statements 1/ were made by the
following members of the Sub-Commission: Mr. Ali Khan (20th),
Mr. Boutkevitch (20th), Mr. Chernichenko (20th), Mr. Eide
(20th), Mr. Fan Guoxiang (19th), Ms. Forero Ucros (20th),
Mr. Hakim (20th), Mr. Hatano (20th), Mr. Joinet (20th), Mr. Khalifa
(20th), Mr. Lindgren Alves (20th), Ms. Palley (20th, 23rd),
Ms. Warzazi (20th).
29. At the 19th meeting, a statement was made by the observer for Ukraine.
30. Statements were made by the representatives of the following non-governmental
organizations: American Association of Jurists (19th), International Institute
for Non-Aligned Studies (21st).
Methods of work of the Sub-Commission
31. At the 35th meeting, on 24 August 1995, the Sub-Commission
considered draft decision E/CN.4/Sub.2/1995/L.37, sponsored by Ms. Chavez,
Mr. Lindgren Alves, Ms. Warzazi and Mr. Yimer.
32. The draft decision was adopted without a vote.
33. For the text as adopted see chapter II, section B, decision 1995/112.
Review of the work of the Sub-Commission
34. At the 35th meeting, on 24 August 1995, the Sub-Commission considered
draft decision E/CN.4/Sub.2/1995/L.38, sponsored by Ms. Chavez, Mr. Lindgren Alves
and Ms. Warzazi.
35. Statements relating to the draft decision were made by Mr. Alfonso Martínez,
Mr. Bossuyt, Mr. Guissé, Mr. Joinet and Mr. Lindgren Alves.
36. The draft decision was adopted without a vote.
37. For the text as adopted see chapter II, section B, decision 1995/113.
Methods of work of the Sub-Commission
38. At the 35th meeting, on 24 August 1995, the Sub-Commission considered
draft decision E/CN.4/Sub.2/1995/L.40, sponsored by Mr. Ali Khan,
Mr. Bengoa, Ms. Chavez, Mr. El-Hajjé, Mr. Fan Guoxiang,
Mr. Guissé, Mr. Hatano, Mr. Khalifa, Mr. Lindgren Alves,
Ms. Mbonu, Ms. Warzazi and Mr. Yimer.
39. Mr. Joinet orally amended the draft decision as follows:
(a) Replace the words "two closed meetings" with the words "one
closed meeting";
(b) Insert after the words "forty-eighth session" the phrase "during
which only the members of the Sub-Commission could take the floor".
40. Ms. Warzazi orally amended the draft decision by deleting at the end
of the draft decision the words "in particular on ways and means to
streamline the work and functioning of the Sub-Commission".
41. Statements relating to the draft resolution and the amendments were
made by Mr. Alfonso Martínez and Mr. Yimer.
42. The draft decision, as amended, was adopted without a vote.
43. For the text as adopted see chapter II, section B, decision 1995/114.
Improvement in the method of consideration of item 6 of the agenda
of the Sub-Commission concerning violation of human rights and fundamental
freedoms
44. At the 35th meeting, on 24 August 1995, the Sub-Commission considered
draft decision E/CN.4/Sub.2/1995/L.59, sponsored by Mr. Joinet.
45. Statements relating to the draft decision were made by Mr. Alfonso Martínez
and Mr. Joinet.
46. The draft decision was adopted without a vote.
47. For the text as adopted see chapter II, section B, decision 1995/115.
48. The Sub-Commission considered item 4 together with item 3 (see
chap. IV) at its 14th, 19th, 20th, 21st, 35th and 36th meetings,
on 10, 14, 15, 24 and 25 August 1995.
49. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Note by the Secretary-General (E/CN.4/Sub.2/1995/3)
Memorandum submitted by the International Labour Office (E/CN.4/Sub.2/1995/4)
Report submitted by the United Nations Educational, Scientific and
Cultural Organization (E/CN.4/Sub.2/1995/5)
Preliminary report of the Special Rapporteur on traditional practices affecting
the health of women and children, Ms. Halima Embarek Warzazi
(E/CN.4/Sub.2/1995/6)
Working paper on democracy and the establishment of a democratic society,
submitted by Mr. Osman El-Hajjé (E/CN.4/Sub.2/1995/49);
Written statement submitted by the International Humanist and Ethical Union,
a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/5)
Written statement submitted by Sierra Club Legal Defense Fund, Inc., a non-governmental
organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/25).
50. At the 19th meeting, on 14 August 1995, Ms. Warzazi
introduced her preliminary report on traditional practices affecting the
health of women and children (E/CN.4/Sub.2/1995/6).
51. In the general debate on the item, statements 1/ were made by the following
members of the Sub-Commission: Mr. Ali Khan (20th), Mr. Boutkevitch
(20th), Mr. Chernichenko (19th, 20th), Mr. Eide (20th), Mr. El-Hajjé
(19th), Mr. Hakim (20th), Mr. Hatano (19th, 20th), Mr. Joinet
(20th), Ms. Palley (20th).
52. At the 14th meeting, on 10 August 1995, a statement was made
by the observer for Guatemala.
53. At the 19th meeting, on 14 August 1995, a statement was made
by the observer for the United Nations Joint Programme on HIV/AIDS
(UNAIDS/WHO).
54. The Sub-Commission also heard statements by representatives of the following
non-governmental organizations: International Committee for European Security
and Cooperation (19th), International Council of AIDS Service Organizations
(19th), International Educational Development, Inc. (14th), International
Federation of Human Rights (19th), International Humanist and Ethical Union
(19th), International Institute for Non-Aligned Studies (21st), International
League for the Rights and Liberation of Peoples (19th).
55. Statements equivalent to a right of reply were made by the observers
for Cuba (21st), Guatemala (21st) and Kenya (21st).
Traditional practices affecting the health of women and children
56. At the 35th meeting, on 24 August 1995, the Sub-Commission
considered draft resolution E/CN.4/Sub.2/1995/L.21, sponsored by Mr. Alfonso Martínez,
Mr. Ali Khan, Mr. Bengoa, Mr. Boutkevitch, Ms. Chavez,
Mr. Chernichenko, Mr. Eide, Mr. El-Hajjé, Mr. Fan Guoxiang,
Ms. Forero Ucros, Mr. Guissé, Ms. Gwanmesia,
Mr. Hakim, Mr. Hatano, Mr. Joinet, Mr. Khalifa, Ms. Koufa,
Mr. Lindgren Alves, Ms. Mbonu, Ms. Palley and Mr. Yimer.
Mr. Bossuyt subsequently joined the sponsors.
57. Statements relating to the draft resolution were made by Mr. Joinet
and Mr. Yimer.
58. The draft resolution was adopted without a vote.
59. For the text, as adopted, see chapter II, section A, resolution 1995/20.
Discrimination in the context of human immunodeficiency virus (HIV) or acquired
immune deficiency syndrome (AIDS)
60. At the 35th meeting, on 24 August 1995, the Sub-Commission
considered draft resolution E/CN.4/Sub.2/1995/L.30, sponsored by Mr. Eide,
Mr. El-Hajjé, Ms. Gwanmesia and Ms. Warzazi. Mr. Guissé
subsequently joined the sponsors.
61. Mr. Joinet proposed to amend the draft resolution by inserting,
in the third preambular paragraph, after the words "drug users",
the words "men who are homosexual".
62. Statements relating to the proposed amendment were made by Mr. El-Hajjé,
Mr. Lindgren Alves and Ms. Palley.
63. At the request of Mr. Guissé, Mr. Joinet, Ms. Mbonu
and Ms. Warzazi, a vote was taken on the proposed amendment.
64. The amendment was adopted by 10 votes to 5, with 6 abstentions.
65. Mr. Guissé, Ms. Gwanmesia and Ms. Warzazi withdrew
as sponsors.
66. Mr. Joinet and Ms. Palley joined the sponsors.
67. Statements relating to the draft resolution, as amended, were made by
Mr. Eide, Mr. Guissé, Mr. Lindgren Alves, Ms. Palley,
Ms. Warzazi and Mr. Yimer.
68. The draft resolution, as amended, was adopted without a vote.
69. Ms. Mbonu made a statement in explanation of vote after the vote.
70. For the text, as adopted, see chapter II, section A, resolution 1995/21.
Recognition of gross and large-scale violations of human rights as an international
crime
71. At the 35th meeting, on 24 August 1995, the Sub-Commission
considered draft resolution E/CN.4/Sub.2/1995/L.31, sponsored by Mr. Ali Khan,
Mr. Boutkevitch, Ms. Chavez, Mr. Eide, Mr. El-Hajjé,
Ms. Forero Ucros, Ms. Gwanmesia, Mr. Hakim, Mr. Hatano,
Mr. Khalifa, Ms. Koufa, Ms. Mbonu, Ms. Warzazi and Mr. Yimer.
72. Statements relating to the draft resolution were made by Mr. Fan Guoxiang,
Mr. Joinet and Ms. Palley.
73. The draft resolution was adopted without a vote.
74. For the text, as adopted, see chapter II, section A, resolution 1995/22.
Human rights and the environment
75. At the 35th meeting, on 24 August 1995, the Sub-Commission
considered draft resolution E/CN.4/Sub.2/1995/L.33, sponsored
by Mr. Alfonso Martínez.
76. The draft resolution was adopted without a vote.
77. For the text, as adopted, see chapter II, section A, resolution 1995/23.
Injurious effects of anti-personnel land-mines
78. At the 35th meeting, on 24 August 1995, the Sub-Commission
considered draft resolution E/CN.4/Sub.2/1995/L.34, sponsored by Mr. Bengoa,
Mr. Eide, Ms. Forero Ucros, Mr. Genot, Mr. Guissé,
Mr. Joinet, Mr. Khalifa, Ms. Koufa, Ms. Palley and Ms. Warzazi.
Mr. El-Hajjé and Ms. Gwanmesia subsequently joined the
sponsors.
79. Statements relating to the draft resolution were made by Mr. Alfonso Martínez
and Mr. Bengoa.
80. Ms. Chavez proposed to amend the draft resolution by deleting,
in operative paragraph 7, the word "production".
81. Statements relating to the proposed amendment were made by Mr. El-Hajjé,
Ms. Gwanmesia and Mr. Yimer.
82. The amendment was not accepted by the sponsors.
83. At the request of Mr. Alfonso Martínez, a vote was
taken on the draft resolution.
84. The draft resolution was adopted by 16 votes to 2, with 2 abstentions.
85. For the text as adopted see chapter II, section A, resolution
1995/24.
Protection by competent authorities of everyone against threats, retaliation,
pressure or any other arbitrary action as a consequence of legitimate, peaceful
and non-violent exercise of the right to strive for the protection of human
rights
86. At the 35th meeting, on 24 August 1995, the Sub-Commission
considered draft resolution E/CN.4/Sub.2/1995/L.35, sponsored by Mr. Eide,
Mr. Guissé, Mr. Khalifa, Mr. Maxim, Ms. Palley,
Ms. Warzazi and Mr. Yimer. Ms. Chavez subsequently joined
the sponsors.
87. Mr. Alfonso Martínez proposed to amend the draft resolution by
deleting the first and the last preambular paragraphs of the draft resolution.
88. Mr. Guissé did not accept the proposed amendments.
89. Ms. Warzazi revised the draft resolution by:
(i) Deleting the first preambular paragraph, which read as follows: "Bearing in mind the articles adopted at the first reading of the draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms (E/CN.4/1995/93),"
(ii) Replacing, in the last preambular paragraph, the words "Recalling that article 3 (c) of chapter IV of the draft declaration, as approved at first reading, requires each State to" by the words "Convinced that each State should".
"Democratic society
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind the fulfilment of its mandate as defined in various resolutions of the Economic and Social Council and of the Commission on Human Rights,
Pursuing the objectives set forth in the Charter of the United Nations, namely to establish conditions under which justice and equal rights for men and women can be maintained, and to promote social progress and better standards of life in larger freedom,
Bearing in mind the indissoluble links between the principles enunciated in the Universal Declaration of Human Rights and the foundations of any democratic society,
Aware that implementation of the principles of the Universal Declaration of Human Rights, such as the principles of human dignity, freedom of opinion, freedom of association and freedom of expression and the right of participation, takes place through the establishment of a democratic society,
Bearing in mind that the Vienna Declaration and Programme of Action (A/CONF.157/23), adopted on 25 June 1993 by the World Conference on Human Rights, state in part I, paragraph 8, that democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing,
Taking account of the World Plan of Action on Education for Human Rights and Democracy, adopted by the International Congress on Education for Human Rights and Democracy held at Montreal from 8 to 11 March 1993,
Taking account also of General Assembly resolution 49/30 of 7 December 1994 entitled "Support by the United Nations system for the efforts of Governments to approach and consolidate new or restored democracies" and recognizing the importance of the Managua Declaration and Plan of Action adopted by the Second International Conference of New or Restored Democracies held in Managua from 4 to 6 July 1994,
Considering that democracy best serves to facilitate individual and collective expression of freedom of opinion,
Reaffirming that in a democracy the widest participation in the democratic dialogue by all sectors and actors of society must be promoted in order to come to agreements on appropriate solutions to the social, economic and cultural problems of society,
Taking account of the fact that freedom of opinion and expression is reflected in a democratic society through an electoral system which
allows all tendencies, interests and feelings to obtain representation at the level of the executive and legislative power and, therefore, at all levels of power,
Fully aware that the creation of conditions for a democratic society is essential for the prevention of discrimination and the protection of minorities,
Taking account of Commission on Human Rights resolution 1995/60 of 7 March 1995, in which the Commission recommended that the Sub-Commission should discuss at its next session ways and means of overcoming obstacles to the consolidation of democratic societies, taking into account the relation between democracy, development and human rights,
Having considered the subject of democratic society at its forty-seventh session,
Having taken into consideration the oral statement on this matter by Mr. Osman El-Hajjé, which was circulated as a working paper (E/CN.4/Sub.2/1995/49),
Recommends that the Commission on Human Rights should appoint Mr. Osman El-Hajjé as Special Rapporteur of the Sub-Commission to identify and list obstacles to democracy, classify them by category of rights and propose solutions for their elimination, and that he should submit a preliminary report on the subject to the Sub-Commission at its forty-eighth session in 1996;
Recommends that the Commission on Human Rights should adopt the following draft resolution:
'The Commission on Human Rights, taking into consideration resolution 1995/... of ... August 1995 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, approves the recommendation that it should appoint Mr. Osman El-Hajjé as Special Rapporteur to identify and list obstacles to democracy, classify them by category of rights and propose solutions for their elimination, and that he should submit a preliminary report on the subject to the Sub-Commission at its forty-eighth session in 1996, and requests the Secretary-General to provide the Special Rapporteur with the assistance he needs to perform his task'."
"The Sub-Commission, horrified by the recent bombings in Paris and Jerusalem, condemns unconditionally international terrorism in all its forms. As was already pointed out in the declaration by the Chairman on hostage-taking and murder of hostages, 'the use of such contemptible and barbaric methods for political gains can only serve to discredit whatever cause the perpetrators claim to be pursuing'. We call on States, groups and individuals to cease these international crimes."
(i) Delete the words "Horrified by the recent bombings in Paris and Jerusalem";
(ii) Insert, after the words "all its forms", the words "including recent bombings in Paris and Jerusalem".
"The Sub-Commission on Prevention of Discrimination and Protection of Minorities, horrified by all manifestations of terrorism, among which are the recent bombings that took place in Paris, Jerusalem and Algiers with indiscriminate injuries and deaths of innocent civilians, reiterates its condemnation of terrorism in all its forms and decides to remain seized of the matter under item 4 of its agenda. As already pointed out in the statement made by the Chairman on 18 August 1995 about hostage-taking and the murder of hostages, 'the use of such contemptible and barbaric methods for political gains can only serve to discredit whatever causes the perpetrators claim to be pursuing'. The Sub-Commission therefore calls on States, groups and individuals to cease unconditionally the practice of such acts, which violate all kinds of human rights and constitute a crime under international law."
(i) Replace the word "manifestations" with the word "acts";
(ii) Add after the words "in all its forms" the words "and manifestations";
(iii) Delete the word "States";
(iv) Delete the words "the practice of"; and
(v) Delete the words "kinds of".
"The Sub-Commission therefore calls for an immediate and unconditional end to such acts, which violate all human rights and constitute a crime under international law."
(a) Measures to combat racism and racial discrimination
and the role of the Sub-Commission
110. The Sub-Commission considered sub-item (a) of agenda item 5
at its 8th, 9th, 10th, 12th and 27th meetings on 4, 7, 8 and 18 August 1995.
111. The Sub-Commission had before it the following documents in connection
with its consideration of the sub-item:
Note by the Secretary-General (E/CN.4/Sub.2/1995/7);
Report by Mr. Maurice Glèlè-Ahanhanzo, Special Rapporteur
of the Commission on Human Rights on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, submitted pursuant to
Commission on Human Rights resolution 1994/64 (E/CN.4/1995/78
and Add.1);
Written statements submitted by the International Human Rights Association
of American Minorities, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/6
and E/CN.4/Sub.2/1995/NGO/15).
112. In the general debate on the sub-item, statements 1/ were made by the following
members of the Sub-Commission: Ms. Chavez (9th), Ms. Ferriol Echevarría (10th),
Mr. Eide (9th), Mr. Guissé (9th), Ms. Gwanmesia (8th),
Mr. Joinet (9th), Mr. Lindgren Alves (9th), Ms. Warzazi (9th).
113. A statement was made by the observer for Turkey (9th).
114. Statements were made by representatives of the following non-governmental
organizations: Centre Europe-Tiers Monde (9th), Human Rights Advocates, Inc, (9th),
International Association Against Torture (9th), International Committee
for European Security and Co-operation (8th), International Council
of Jewish Women (9th), International Federation of Free Journalists (8th),
International Federation of University Women (9th), Liberation (8th),
Minority Rights Group (8th), Movement against Racism and for Friendship
among Peoples (8th), Society for Threatened Peoples (9th).
(b) Monitoring the transition to democracy in South Africa
115. The Sub-Commission considered sub-item (b) of agenda item 5
at its 8th meeting, on 4 August 1995.
116. The Sub-Commission had before it the following documents in connection
with its consideration of the sub-item:
Note by the Secretary-General (E/CN.4/Sub.2/1995/37);
Note by the Secretary-General (A/49/677);
Report on the mission to South Africa by the Special Rapporteur, Ms. Judith Sefi Attah,
from 7 to 18 November 1994 (E/CN.4/1995/24).
117. At the 8th meeting, on 4 August 1995, the Special Rapporteur, Ms. Judith Sefi
Attah, introduced her report.
118. At the same meeting, statements 1/ were made by the following members
of the Sub-Commission: Mr. Hatano, Ms. Palley, Ms. Warzazi, Mr. Yimer.
119. A statement was also made by the observer for the Republic of South Africa.
120. At the same meeting, the Sub-Commission decided to take note of the
report of the Special Rapporteur and not to hold a general debate on item 5 (b).
121. For the text of the decision, see chapter II, section B, decision 1995/105.
122. At the 9th meeting, on 7 August 1995, Mr. Khalifa made a statement
relating to agenda item 5 (b).
Joint meeting with the Committee on the Elimination of Racial Discrimination
123. At its 12th meeting, on 8 August 1995, the Sub-Commission held a joint
meeting with the Committee on the Elimination of Racial Discrimination.
The Assistant Secretary-General for Human Rights made an opening statement.
124. The Sub-Commission and Committee on the Elimination of Racial Discrimination
had before them the following documents:
The Committee on the Elimination of Racial Discrimination (Fact Sheet No. 12);
Report of the Committee on the Elimination of Racial Discrimination (A/49/18);
Vienna Declaration and Programme of Action (A/CONF.157/23);
General Assembly resolution 49/146, entitled "Third Decade to
Combat Racism and Racial Discrimination";
Report of the Secretary-General: social, humanitarian and human rights questions:
reports of subsidiary bodies, conferences and related questions: implementation
of the Programme of Action for the Third Decade to Combat Racism and Racial
Discrimination (E/1995/111 and Add.1);
Study on the achievements made and obstacles encountered during the Decades
to Combat Racism and Racial Discrimination. Report submitted by Mr. A. Eide,
Special Rapporteur (E/CN.4/Sub.2/1989/8);
Possible ways and means of facilitating the peaceful and constructive solution
of problems involving minorities. Report submitted by Mr. A. Eide
(E/CN.4/Sub.2/1993/34 and Add.1-4).
125. Mr. I. Garvalov, Chairman of the Committee on the Elimination
of Racial Discrimination, and Mr. I. Maxim, Chairman of the Sub-Commission,
made statements.
126. The Special Rapporteur of the Commission on Human Rights on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance,
Mr. Glèlè Ahanhanzo, also made a statement.
127. Statements were made by the following members of the Sub-Commission
and the Committee: Mr. Bengoa, Mr. van Boven, Mr. Diaconu, Mr. Eide,
Mr. El-Hajjé, Mr. Ferrero Costa, Mr. de Gouttes, Mr. Guissé,
Ms. Gwanmesia, Mr. Joinet, Ms. Palley, Mr. Rechetov, Mr. Shahi, Mr. Sherifis,
Mr. Valencia Rodriguez, Ms. Warzazi, Mr. Wolfrum, Mr. Yutzis.
128. Mr. Garvalov, the Chairman of the Committee on the Elimination of Racial
Discrimination, made concluding remarks.
129. At the 27th meeting, on 18 August 1995, the members of the
Sub-Commission approved a statement of the joint meeting of the Committee
on the Elimination of Racial Discrimination and the Sub-Commission, which
read as follows:
"The Committee on the Elimination of Racial Discrimination and the Sub-Commission on Prevention of Discrimination and Protection of Minorities, meeting jointly to assess the possibilities of closer cooperation in the struggle against racism, racial discrimination, xenophobia and other contemporary forms of related intolerance,
Aware of the roles of the two bodies in the field of prevention, early warning and urgent procedures in situations involving massive violations of human rights,
Appalled by continuing reports of massive and gross violations of human rights in various regions of the world, including genocide and 'ethnic cleansing', which are fuelled by policies of racial or ethnic discrimination and antagonism, particularly in Bosnia and Herzegovina and Rwanda,
Welcoming the establishment of two ad hoc international criminal tribunals,
1. Declare their strong determination to mobilize their efforts to eliminate, wherever they exist, all forms of racism, racial discrimination, xenophobia and related intolerance.
2. Reiterate their absolute condemnation of the massive violations of human rights, in particular genocide and the spreading practice of 'ethnic cleansing', occurring in certain regions of the world, mainly in Bosnia and Herzegovina and Rwanda, and draw attention to the consequences for human rights and for the fate of large populations of the central role played in this regard by policies and practices of racial, xenophobic, ethnic and other related forms of discrimination.
3. Continue to call for firm and urgent measures by the United Nations and the international community to put an end to these violations, to continue to fight policies and practices of racial discrimination, to help save human lives, to stop 'ethnic cleansing', to help refugees to return voluntarily and safely to their homes and to find just political solutions to existing racial, ethnic and related conflicts.
4. Remain convinced that all perpetrators of massive violations of human rights must be brought to justice. Accordingly, the two bodies welcome the establishment of the two current ad hoc international criminal tribunals and call on the international community to give the tribunals all possible support, including making necessary changes to national laws. They call for the speedy establishment of a permanent international criminal court which will prosecute perpetrators of massive violations of human rights, including perpetrators of egregious acts of racial discrimination.
5. Remind all Governments of their obligation to ensure to all those under their jurisdiction, without any discrimination, security and peaceful coexistence between the different communities.
6. Call on the international community to respond compassionately and speedily to the need of people displaced as a result of policies of racial and ethnic discrimination and to encourage States generously to receive as many of these displaced people as possible."
133. The Sub-Commission considered item 6 at its 2nd to 7th, 10th, 11th,
26th, 27th, 29th and 34th meetings, on 1, 2, 3, 4, 7, 8, 18, 21 and 24 August 1995.
134. The Sub-Commission had before it the following documents in connection
with its consideration of item 6:
Note by the Secretary-General (E/CN.4/Sub.2/1995/8);
Letter dated 15 June 1995 from the Ambassador, Chargé d'affaires a.i., of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/41);
Letter dated 8 August 1995 from the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/43);
Letter dated 10 August 1995 from the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/45);
Letter dated 14 August 1995 from the Chargé d'affaires a.i. of the Permanent Mission of the Republic of Croatia to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/48);
Letter dated 16 August 1995 from the Ambassador of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/50);
Written statement submitted by International Federation Terre des Hommes, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/3);
Written statement submitted by Human Rights Watch, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/11);
Written statement submitted by International Educational, Development, Inc., a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/17);
Written statement submitted by Transnational Radical Party, a non-governmental organization in consultative status (category I) (E/CN.4/Sub.2/1995/NGO/18);
Written statement submitted by Pax Romana, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/20);
Written statement submitted by the World Federation of Democratic Youths, a non-governmental organization in consultative status (category I) (E/CN.4/Sub.2/1995/NGO/21);
Written statement submitted by International Association of Educators for World Peace, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/22);
Written statement submitted by the International Committee for European Security and Co-operation, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/27);
Joint written statement submitted by International Youth and Student Movement for the United Nations and World Federation of Democratic Youth, non-governmental organizations in consultative status (category I); African Association of Education for Development, American Association of Jurists, Indigenous World Association, International Association Against Torture, International Association of Democratic Lawyers, International Federation of Human Rights, International Indian Treaty Council, International Islamic Federation of Student Organizations, International League for Human Rights, Pax Romana and World Society of Victimology, non-governmental organizations in consultative status (category II); and Centre Europe-Tiers Monde, International Association of Educators for World Peace, International Educational Development Inc., International Federation of Free Journalists, International Movement against All Forms of Discrimination and Racism, Liberation, Movement against Racism and for Friendship among Peoples, Regional Council on Human Rights in Asia, non-governmental organizations on the Roster (E/CN.4/Sub.2/NGO/1995/32);
Written statement submitted by the Society for Threatened Peoples, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/35);
Joint written statement submitted by the International Alliance of Women and the World Confederation of Labour, non-governmental organizations in consultative status (category I); the American Association of Jurists, the International Association of Democratic Lawyers, the International Association for the Defence of Religious Liberty, the International Indian Treaty Council and the International League for the Rights and Liberation of Peoples, non-governmental organizations in consultative status (category II); Centre Europe-Tiers Monde, International Educational Development, Inc., the International Falcon Movement, the
International Movement against All Forms of Discrimination and Racism, the Movement against Racism and for Friendship among Peoples, non-governmental organizations on the Roster (E/CN.4/Sub.2/1995/NGO/39).
Written statements submitted by the International Federation of Human Rights, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/48, 49, 50, 51, 52 and 53).
"The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind the letter addressed by Mr. Tadeusz Mazowiecki, Special Rapporteur for the former Yugoslavia, to the Secretary-General of the United Nations on 27 July 1995,
Deeply shocked by the events occurring daily in Bosnia and Herzegovina, where, as the letter indicates, 'Human rights violations continue blatantly', 'There are constant blockades of the delivery of humanitarian aid', 'Crimes have been committed with swiftness and brutality' and 'The civilian population is shelled remorselessly',
Agreeing with the Special Rapporteur for the former Yugoslavia that 'the response of the international community has been slow and ineffectual', with the result that the declarations and decisions of the system for the protection of human rights lose credibility and have been seriously challenged by the events occurring in Bosnia and Herzegovina,
Supporting the Special Rapporteur for the former Yugoslavia when he states that 'The character of my mandate only allows me to further describe crimes and violations of human rights, but noting that this is not sufficient at the present time,
Respecting and commending the decision of the Special Rapporteur for the former Yugoslavia that he does not 'see any possibility of continuing' his mandate,
Considering that the gesture of the Special Rapporteur for the former Yugoslavia has shaken and moved us by its great dignity and endowed the function entrusted by the United Nations and the struggle for human rights in general with high moral character,
Recognizing the dedication shown by the Special Rapporteur in his work in Bosnia and Herzegovina, which is reflected in the gesture he has made,
Noting that a veritable genocide is being committed against the civilian population, often in the presence of United Nations forces,
Sharing the moral indignation reflected in the letter of the Special Rapporteur for the former Yugoslavia addressed to the Secretary-General,
Decides to:
Convey its solidarity and support to Special Rapporteur Mazowiecki for the gesture he has made by tendering his resignation in response to what is occurring in Bosnia and Herzegovina,
Convey to the Secretary-General of the United Nations its enormous concern over the veritable genocide and massive violations of human rights to which the civilian population in Bosnia and Herzegovina is being subjected and to express its impotence in face of the rapes of women, violent deaths of children and mass movements of refugees, who can daily be seen in the most abject despair, while we can only raise our voice in indignation and express solidarity with the victims,
Request the Secretary-General to make a new and extremely urgent appeal to countries to take the necessary decisions to end these atrocities once and for all, since the world cannot be an indifferent spectator of what is happening in Bosnia and Herzegovina."
"Alarmed at the acts of ethnic cleansing and humiliation and the perpetration of atrocities such as summary executions of innocent civilians, mass rape, destruction and looting of property and terrorizing of the population, which have resulted in huge movements of displaced persons and refugees, thus causing pain, homelessness and famine."
(i) To replace, in the sixth preambular paragraph, the word "gesture" with the word "decision";
(ii) To insert, in the same preambular paragraph, after the word "entrusted" the words "to him"; and
(iii) To insert, in the eighth preambular paragraph, the words "in Bosnia and Herzegovina" after the word "population".
"The Sub-Commission is horrified by the murder of hostages by violent terrorist or guerrilla groups, including most recently the brutal murder by the Al Faran group in Jammu and Kashmir of the Norwegian, Mr. Hans Christian Ostro, and expresses its condolences to the bereaved families of Mr. Ostro and other victims of such violations.
The Sub-Commission points out that the taking of hostages constitutes a blatant violation of minimum humanitarian standards applicable to all parties and in all situations and that the use of such contemptible and barbaric methods for political gains can only serve to discredit whatever cause the perpetrators claim to be pursuing.
Alarmed by the threat to kill four other hostages - one American, one German and two Britons - held by the Al Faran group, and the threat to kill two Italians in the hands of armed guerrilla groups in Colombia, the Sub-Commission demands that persons still held hostage are immediately and unconditionally set free by their captors, and that every relevant authority does everything in their power to apprehend and prosecute persons responsible for such inhuman acts."
"The Sub-Commission is horrified by the murder of hostages by violent terrorist or guerrilla groups, including most recently the brutal murder by the Al Faran group in Jammu and Kashmir of the Norwegian, Mr. Hans Christian Ostro, and expresses its condolences to the bereaved families of Mr. Ostro and other victims of such violations.
The Sub-Commission points out that the taking of hostages constitutes a blatant violation of minimum humanitarian standards applicable to all parties and in all situations and that the use of such contemptible and barbaric methods for political gains can only serve to discredit whatever cause the perpetrators claim to be pursuing.
Alarmed by the threat to kill four other hostages - one American one German and two Britons - held by the Al Faran group, and the threat to kill two Italians in the hands of armed guerrilla groups in Colombia, the Sub-Commission condemns any kind of hostage-taking and demands that persons still held hostage be immediately and unconditionally set free by their captors, and that every relevant authority do everything in its power to apprehend and prosecute persons responsible for such inhuman acts."
"Situation of human rights in the Islamic Republic of Iran
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its relevant resolutions, including the most recent, resolution 1994/16 of 25 August 1994, calling for an end to the violations of human rights by the Islamic Republic of Iran,
Recalling also relevant resolutions of the Commission on Human Rights, including the most recent, resolution 1995/68 of 8 March 1995, as well as those of the General Assembly, including the most recent, resolution 49/202 of 23 December 1994,
Gravely concerned at the increase in public hangings and stoning to death as reported by the Special Representative of the Commission on Human Rights on the situation of human rights in the Islamic Republic of Iran in his report to the Commission at its fifty-first session (E/CN.4/1995/55),
Deeply concerned at extensive and continuing human rights violations by the Government of the Islamic Republic of Iran, including arbitrary and summary executions, torture and inhuman or degrading treatment and punishment, arbitrary arrests and imprisonment, unexplained disappearances, the absence of guarantees essential for the protection of the right to a fair trial and disregard for freedom of expression and freedom of religion,
Concerned by the passage of a law allowing the security forces to open fire at will on protest demonstrations, as many protesters have been fired upon, even by helicopter gunships, resulting in the killing or wounding of many civilians,
Concerned particularly over the fate of hundreds of people arrested during the demonstrations of 4 April 1995 in south Teheran and during other protest acts who are in danger of being executed,
Appalled at the continued repression of women in the Islamic Republic of Iran, including the practice of gender-based discrimination and the use of unacceptable and unjustifiable means of punishment,
Aware of the mounting concern expressed by the authorities of a number of States at the involvement in, and support for, international terrorism by the Islamic Republic of Iran, causing the loss of many lives, and the call by those authorities for action against the Islamic Republic,
Taking note of an official report that the Iranian embassy in Germany is actively spying on Iranian refugees in that country and that the embassy in question plotted to assassinate the leading Iranian opposition leader in Dortmund,
Expressing regret at the assassination abroad of five members of the Iranian resistance movement, reportedly by agents of the Government of the Islamic Republic of Iran, on 10 July and 17 May 1995, and reaffirming that Governments are accountable for attacks by their agents against persons on the territory of another State, and also for inciting, approving or condoning such acts,
Welcoming the recommendations contained in the report of the Special Representative and the decision of the Commission to continue the mandate of the Special Representative,
Expressing its profound regret that the Government of the Islamic Republic of Iran has refused to allow the Special Representative of the Commission to make further visits to the country,
Noting that relevant international organizations and bodies emphasize the role of the Islamic Republic of Iran in intimidating and harassing the religious minorities in the Islamic Republic of Iran during the past year, in particular in the assassination of three Christian leaders,
Affirming that human rights are universal and indivisible and that the violation of internationally recognized human rights standards cannot be justified by cultural or religious considerations,
1. Condemns the flagrant violations of human rights in the Islamic Republic of Iran which, as noted by the Special Representative of the Commission, include:
(a) Excessive use of the death penalty;
(b) Numerous cases of torture and cruel, inhuman or degrading treatment and punishment;
(c) The use of excessive force and guns in suppressing public demonstrations, as well as the organization of secret patrols;
(d) Harassment and intimidation of people by street patrols which, according to official statements, amounted to 1,300,000 cases during the past year;
(e) A failure to meet international standards with regard to due process and the administration of justice;
(f) Religious discrimination, notably against Baha'i and Christian individuals and groups;
(g) Discrimination against women;
(h) Restrictions on freedom of expression and freedom of opinion and undue limitation of freedom of the press;
2. Demands that the Government of the Islamic Republic of Iran cease forthwith any involvement in or toleration of murder and State-sponsored terrorism against Iranians living abroad and the nationals of other States;
3. Also demands that the Government of the Islamic Republic of Iran withdraw its support for and cease condoning repeated threats to the lives of persons of whose opinions, writings or publications it disapproves;
4. Calls upon the Government of the Islamic Republic of Iran to cooperate with the judicial authorities in countries around the world which are investigating incidents of international terrorism, and in
particular to return for trial in Switzerland two persons accused of the murder of Professor Kazem Rajavi who were returned to Iran and who are sought by the Swiss judicial officials;
5. Urges the Government of the Islamic Republic of Iran to comply with all current international norms in the field of human rights, including, in particular, those contained in the International Covenant on Civil and Political Rights, to which the Islamic Republic of Iran is a party;
6. Strongly supports the view of the Commission on Human Rights that the international monitoring of the human rights situation in the Islamic Republic of Iran should be continued;
7. Welcomes the appointment by the Chairman of the Commission on Human Rights of the new Special Representative on the situation of human rights in the Islamic Republic of Iran, in view of the deteriorating situation of human rights in that country;
8. Requests the Secretary-General to continue to keep the Sub-Commission informed of relevant reports and United Nations measures to prevent human rights violations in the Islamic Republic of Iran, including, in particular, those concerning the situation of the Kurds and the Arab minority and the religious freedoms and the emancipation of the Baha'i and Christian communities in Iran;
9. Decides to consider further the situation of human rights in the Islamic Republic of Iran at its forty-eighth session."
"Welcoming the ongoing Middle East peace process started at Madrid, in particular the signing at Cairo on 4 May 1994 of the first agreement on the implementation of the Declaration of Principles on the Gaza Strip and Jericho Area by the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people."
(i) To add a new ninth preambular paragraph reading as follows:
"Concerned at the emerging pattern of human rights violations of Palestinians living in the Gaza Strip and Jericho by the Palestinian Authority, attested to by reputable non-governmental organizations,";
(ii) To add a new tenth preambular paragraph;
(iii) To add a new operative paragraph 8.
"After the fifth preambular paragraph, add the following new preambular paragraph:
'Emphasizing the importance of respect for the territorial integrity of the Federal Republic of Yugoslavia (Serbia and Montenegro),' "
"Question of the violation of human rights and fundamental freedoms in all countries
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling resolution 1235 (XLII) of 6 June 1967 of the Economic and Social Council and resolution 8 (XXIII) of 16 March 1967 of the Commission on Human Rights authorizing the Sub-Commission to examine information relevant to gross violations of human rights and fundamental freedoms in all countries,
Mindful that the Commission on Human Rights in its resolution 1995/26 of 3 March 1995 reaffirmed that one of the tasks of the Sub-Commission is a thorough examination of information concerning alleged human rights violations, as well as the presentation of the results of the examination to the Commission,
Having in mind that, at its forty-seventh session, numerous allegations of gross violations of human rights and fundamental freedoms by States and replies by observer States in respect of such allegations were presented to the Sub-Commission,
Taking into consideration the thematic and country special rapporteurial systems, which are Commission mechanisms for reporting on questions within the mandates of the Special Rapporteurs and which empower them to examine situations where relevant standards of human rights and fundamental freedoms are not being observed,
Conscious of the great difficulties in evaluating all the complex information presented to the Sub-Commission in respect of alleged gross violations of human rights and fundamental freedoms,
Observing that the reports generated by the thematic and country special rapporteurial systems and resolutions of the Commission on Human Rights thereon give valuable guidance to the Sub-Commission in its task of properly assessing any such allegations, thereby enabling it to fulfil its duty of presenting the results of its examination to the Commission,
Observing also that there is a high degree of correlation between comments by special rapporteurs on failures by States to cooperate fully with the human rights monitoring systems and the continuing allegations made against States under item 6 of the Sub-Commission's agenda, in particular at the current session,
Taking note with concern that this high degree of correlation is prima facie corroboration that the alleged violations which had precipitated the Special Rapporteurs' concern have continued,
Recalling the reports to the Commission at its fifty-first session submitted by the Special Rapporteur on the question of torture (E/CN.4/1995/34 and Add.1 and Add.1/Corr.1) and the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/1995/61 and Add.1) and their joint report (E/CN.4/1995/111),
Recalling also the reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (E/CN.4/1995/32), of the Special Rapporteur on religious intolerance (E/CN.4/1995/91) and of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1995/36),
Recalling further Commission on Human Rights resolutions 1995/66 and 1995/68 of 7 March 1995, 1995/69, 1995/72, 1995/76 and 1995/77 of 8 March 1995, and the Commission's consensus statement read out by the Chairman on 27 February 1995 (E/1995/23-E/CN.4/1995/176, para. 594),
Noting that the reports and Commission resolutions referred to indicate:
(a) That certain Governments, namely those of India, Indonesia and Pakistan, have failed to invite or to finalize invitations to the Special Rapporteur on the question of torture to visit their countries, and that certain Governments, namely those of Bangladesh, China and Turkey, have similarly failed to invite the Special Rapporteur on extrajudicial, summary or arbitrary executions to visit their countries;
(b) That where a special rapporteur has been appointed in respect of the situation in a particular country, the Commission has regretted the failure of certain Governments, namely those of Cuba, Iraq, the Islamic Republic of Iran, the Sudan and Zaire, to cooperate either in whole or in part with the Special Rapporteur;
(c) That Governments, namely those of Bangladesh, China, Saudi Arabia and the Sudan, in respect of which allegations were also made in the Sub-Commission, have failed to reply to some or all of the cases transmitted by the Special Rapporteur on the question of torture;
(d) That the Government of Burundi has failed to supply information regarding disappeared persons and that the Governments of Peru and the Syrian Arab Republic have failed to clarify cases of disappearance transmitted by the Working Group on Enforced or Involuntary Disappearances;
(e) That, according to the Special Rapporteur on the question of torture, even where Governments have replied, they have either failed to explain the nature of the investigation on the basis of which they reached their position or to accept that systematic rather than individual cases of torture were involved, or have displayed an attitude of treating the matter as merely one of insufficiency of proof in individual cases and not as systematic, or have failed to deal adequately with the substance of the torture allegation, as in China, Colombia, Peru and Turkey;
(f) That, according to the Special Rapporteurs on the question of torture and on extrajudicial, summary or arbitrary executions, even where there was willingness on the part of the State to cooperate, there were continued invasions of particular rights by State organs, as in Colombia and Peru, and that the Special Rapporteur on religious intolerance has expressed concern about religious intolerance and State religious discrimination in Bangladesh and Viet Nam, respectively;
(g) That the Special Rapporteur on extrajudicial, summary or arbitrary executions has expressed concern, in cases of countries where there are special courts to deal with emergency situations, about the procedural shortcomings and risks to fair trial of such courts, as in Algeria, Colombia and Nigeria;
(h) That the Special Rapporteur on the question of torture has stated that there may even be systematic practice of torture, as in Yugoslavia in the former autonomous republic of Kosovo;
(i) That the Special Rapporteur on extrajudicial, summary or arbitrary executions has stated that there is failure systematically to investigate actions by State security forces in Algeria and Israel;
(j) That the Special Rapporteurs on the question of torture and on extrajudicial, summary or arbitrary executions and the Working Group on Involuntary disappearances have noted that in certain countries failure to take serious measures against the security forces has resulted in impunity for State armed forces, as in the cases of Burundi, Chad, Colombia and Peru;
Well aware and gravely concerned that terrorist activity is a growing phenomenon, inflicting severe suffering on both civilians and the forces of law and order, and resulting in continuing conflict,
Noting that in countries where extensive terrorist activity aimed at secession has continued, there have allegedly been human rights violations by security forces in restoring order and that, in particular, disproportionate force and even torture has been used in those emergency situations, contrary to international human rights and international humanitarian law, as in the cases of India in respect of Kashmir, Indonesia, Sri Lanka and the Russian Federation in respect of Chechnya,
Urging State authorities to conduct exhaustive and impartial investigations into all cases of excessive or arbitrary use of force, to bring those responsible to justice and punish them and to grant adequate compensation to the families of the victims,
Particularly concerned that the Special Rapporteur on extrajudicial, summary or arbitrary executions found that the United Nations mechanisms in place in Burundi do not monitor on a day-to-day basis the human rights violations that occur in the country (E/CN.4/1995/61, para. 80),
Having carefully considered the helpful replies by Governments commenting on both the observations contained in reports and on the allegations made under item 6 of its agenda,
None the less remaining concerned at the high incidence of correlation between the comments contained in the reports and the allegations under item 6 and the consequential prima facie corroboration that gross violations of human rights and fundamental freedoms have continued since the making of the comments in the various reports,
1. Considers it advisable to draw the attention of the Commission on Human Rights to these correlations;
2. Invites the Commission to consider reminding the relevant States of the need for the fullest possible cooperation with the United Nations human rights monitoring systems, in particular the thematic special rapporteurs and the special rapporteurs on country situations, as well as with the Working Group on Enforced or Involuntary Disappearances."
"Question of the violation of human rights and fundamental freedoms in all countries
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling resolution 1235 (XLII) of 6 June 1967 of the Economic and Social Council and resolution 8 (XXIII) of 16 March 1967 of the Commission on Human Rights authorizing the Sub-Commission to examine information relevant to gross violations of human rights and fundamental freedoms in all countries,
Mindful that the Commission on Human Rights in its resolution 1995/26 of 3 March 1995 reaffirmed that one of the tasks of the Sub-Commission is a thorough examination of information concerning alleged human rights violations, as well as the presentation of the results of the examination to the Commission,
Having in mind that, at its forty-seventh session, numerous allegations of gross violations of human rights and fundamental freedoms by States and replies by observer States in respect of such allegations were presented to the Sub-Commission,
Taking into consideration the thematic special rapporteurial systems, which are Commission mechanisms for reporting on questions within the mandates of the Special Rapporteurs and which empower them to examine situations where relevant standards of human rights and fundamental freedoms are not being observed,
Conscious of the great difficulties in evaluating all the complex information presented to the Sub-Commission in respect of alleged gross violations of human rights and fundamental freedoms,
Observing that the reports generated by the thematic special rapporteurial systems and resolutions of the Commission on Human Rights thereon give valuable guidance to the Sub-Commission in its task of properly assessing any such allegations, thereby enabling it to fulfil its duty of presenting the results of its examination to the Commission,
Observing also that there are apparently correlations between comments by thematic special rapporteurs on failures by States to cooperate fully with the human rights monitoring systems and the continuing allegations made against States under item 6 of the Sub-Commission's agenda, in particular at the current session,
Taking note with concern that these apparent correlations provide prima facie corroboration that the alleged violations which had precipitated the Special Rapporteurs' concern have continued,
Recalling the reports to the Commission at its fifty-first session submitted by the Special Rapporteur on the question of torture
(E/CN.4/1995/34 and Add.1 and Add.1/Corr.1) and the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/1995/61 and Add.1) and their joint report (E/CN.4/1995/111),
Recalling also the reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (E/CN.4/1995/32) and of the Special Rapporteur on religious intolerance (E/CN.4/1995/91),
Noting that the reports and Commission resolutions referred to indicate:
(a) That certain Governments have failed to invite or to finalize invitations to the Special Rapporteur on the question of torture to visit their countries, and that certain Governments have similarly failed to invite the Special Rapporteur on extrajudicial, summary or arbitrary executions to visit their countries;
(b) That Governments in respect of which allegations were also made in the Sub-Commission, have failed to reply to some or all of the cases transmitted by the Special Rapporteur on the question of torture;
(c) That, according to the Special Rapporteur on the question of torture, even where Governments have replied, they have either failed to explain the nature of the investigation on the basis of which they reached their position or to accept that systematic rather than individual cases of torture were involved, or have displayed an attitude of treating the matter as merely one of insufficiency of proof in individual cases and not as systematic, or had failed to deal adequately with the substance of the torture allegation;
(d) That, according to the Special Rapporteurs on the question of torture and on extrajudicial, summary or arbitrary executions, even where there was willingness on the part of the State to cooperate, there were continued invasions of particular rights by State organs and that the Special Rapporteur on religious intolerance has expressed concern about religious intolerance and State religious discrimination;
(e) That the Special Rapporteur on extrajudicial, summary or arbitrary executions has expressed concern, in cases of countries where there are special courts to deal with emergency situations, about the procedural shortcomings and risks to fair trial of such courts;
(f) That the Special Rapporteur on the question of torture has stated that there may even be systematic practice of torture;
(g) That the Special Rapporteur on extrajudicial, summary or arbitrary executions has stated that there is failure systematically to investigate actions by State security forces;
(h) That the Special Rapporteurs on the question of torture and on extrajudicial, summary or arbitrary executions and the Working Group on Involuntary disappearances have noted that in certain countries failure to take serious measures against the security forces has resulted in impunity for State armed forces;
Well aware and gravely concerned that terrorist activity is a growing phenomenon, inflicting severe suffering on both civilians and the forces of law and order, and resulting in continuing conflict,
Noting that in countries where extensive terrorist activity aimed at secession has continued, there have allegedly been human rights violations by security forces in restoring order and that, in particular, disproportionate force and even torture has been used in those emergency situations, contrary to international human rights and international humanitarian law,
Urging State authorities to conduct exhaustive and impartial investigations into all cases of excessive or arbitrary use of force, to bring those responsible to justice and punish them and to grant adequate compensation to the families of the victims,
Particularly concerned that the Special Rapporteur on extrajudicial, summary or arbitrary executions found that the United Nations mechanisms in place in Burundi do not monitor on a day-to-day basis the human rights violations that occur in the country (E/CN.4/1995/61, para. 80),
Having carefully considered the helpful replies by Governments commenting on both the observations contained in reports and on the allegations made under item 6 of its agenda,
None the less remaining concerned at the apparent correlations between the comments contained in the reports and the allegations under item 6 and the consequential prima facie corroboration that gross violations of human rights and fundamental freedoms have continued since the making of the comments in the various reports,
Decides to examine at its forty-eighth session whether there are indeed correlations between comments in the Special Rapporteurs' reports and subsequent allegations under agenda item 6, and what use should be made of such Special Rapporteurs' reports in evaluating allegations of violations of human rights."
"Situation of human rights in Turkey
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the aims and principles of the Charter of the United Nations, the Universal Declaration of Human Rights and the other international legal instruments for the protection of human rights, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the norms and principles of international humanitarian law,
Recalling that Turkey is a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Preoccupied by the detention of scholars, writers, journalists, parliamentarians and human rights defenders and others imprisoned for their opinions, and by the fact that several thousand cases are being examined by the Supreme Court and the State Security Court,
Taking note of resolution 1030 (1994) of the Parliamentary Assembly of the European Council on the arrest and detention of six members of the Turkish Grand National Assembly on 2 and 3 March 1994 and their sentences to terms of imprisonment of 3_ to 15 years, and of resolution PE/192 034, adopted on 26 and 27 June 1995 by the European Parliament, expressing its opposition to the agreement on customs union as long as these persons are imprisoned,
Preoccupied by the fact that the opposition press is continuously censored, harassed and attacked,
1. Strongly condemns the imprisonment of intellectuals, scholars, writers, journalists and parliamentarians in Turkey on the ground of their opinions;
2. Also condemns the oppression, censorship and raids carried out against the opposition press;
3. Exhorts the Government of Turkey to respect and ensure freedom of opinion and expression, particularly with regard to intellectuals, journalists and members of the Turkish Grand National Assembly;
4. Calls on the Government of Turkey to invite the Special Rapporteur on freedom of opinion and expression to visit Turkey as soon as possible;
5. Decides to examine the question of human rights in Turkey at its forty-eighth session under item 6 of its agenda."
"Situation in Indonesia
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, in particular article 6 on the inherent right to life, article 18 on freedom of thought, conscience and religion, and article 19 on the right to freedom of expression, and other relevant human rights instruments,
Recalling the report of the Special Rapporteur on the question of torture following his visit to Indonesia and East Timor in November 1991 (E/CN.4/1992/17/Add.1), in particular his recommendation in paragraph 80 (b) that the independence of the judiciary should be scrupulously respected, and the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions on his visit to Indonesia and East Timor in July 1994 (E/CN.4/1995/61/Add.1), in particular the recommendation in paragraph 81 (b) that the independence, fairness and transparency of the judiciary should be improved and guaranteed,
Reaffirming that all States have an obligation to promote and protect human rights and fundamental freedoms as enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights and various international instruments in the field of human rights,
Deeply concerned at the fate of over 20 political prisoners held since the late 1960s in connection with the events of October 1965, 5 of whom have been under sentence of death for more than 20 years, and the fate of ex-political prisoners who suffer from systematic discrimination,
Gravely concerned at the continuing reports of the killing of unarmed civilians in Irian Jaya in the vicinity of the Freeport copper and gold mine at the Tembagapura in the last six months of 1994, numerous killings of members of the Islamic community such as occurred at Tanjung Priok, Jakarta, in 1985; at Aceh, in the northern part of Sumatra and at Haur Koneng, western Java, and the reported killing of petty criminals, known as Bromocorah, in various parts of the archipelago,
Deeply concerned at the continuing interference of the security apparatus in religious affairs, notably in the case of Lutheran churches in northern Sumatra, which has resulted in the loss of human life,
Deeply concerned also at further restrictions on the freedom of expression, including the use of excessive force in suppressing demonstrations, in particular pertaining to the situation of press freedom in Indonesia since the banning of three major journals and the subsequent arrest and detention of three members of the Independent Journalists Association and one member of a pro-democracy non-governmental organization whose trial is now in progress,
Concerned that several people are on trial in Indonesia for defamation of the head of State, thereby posing a threat to freedom of expression,
Noting that the Government of Indonesia has not yet ratified the International Covenant on Economic, Social and Cultural Rights,
1. Expresses its deep concern that there are continuing threats to the right to life of five political prisoners who have been detained for more than 25 years;
2. Also expresses its deep concern at the reports of continuing widespread and systematic violations of human rights in Irian Jaya;
3. Further expresses its deep concern that the security apparatus continues to use excessive force against civilians and to enjoy impunity;
4. Requests the Secretary-General to transmit information from all reliable sources on the human rights situation in Indonesia to the Commission on Human Rights at its fifty-second session;
5. Recommends that the Commission consider, at its fifty-second session, the situation pertaining to human rights and fundamental freedoms in Indonesia, and to that end recommends that the Commission urge the Government of Indonesia to invite the Special Rapporteur on the independency and impartiality of the judiciary and the Special Rapporteur on freedom of opinion and expression to visit Indonesia;
6. Requests the Secretariat to transmit all reliable information pertaining to the situation of all aspects of human rights and fundamental freedom in Indonesia to the Sub-Commission at its forty-eighth session."
(a) Insert a new fifth preambular paragraph to read as follows:
"Welcoming the decision of the Government of Indonesia to grant clemency to three 1965 political prisoners and to abolish the 'ex-tapol' code on identity cards of former 1965 prisoners,";
(b) Insert, in the fifth preambular paragraph, before the words "killing of unarmed", the word "alleged";
(c) In the sixth preambular paragraph, replace the word "continuing" with the words "allegations of continued";
(d) In the eighth preambular paragraph, replace the words "defamation of the head of State" with the words "expressing views critical of the Government";
(e) At the end of the last preambular paragraph, add the words "and the International Covenant on Civil and Political Rights";
(f) At the end of operative paragraph 1, add the following words: "and another 19 who are serving life sentences, and hopes that they will be granted amnesty".
"Also alarmed that the Special Rapporteur on extrajudicial, summary or arbitrary executions found that the United Nations mechanisms in place in Burundi do not monitor, on a day-to-day basis, the human rights violations that occur in the country,".
(a) Add a new sixth preambular paragraph;
(b) Insert, in the ninth preambular paragraph, before the words "The Burundian army", the words "certain elements of";
(c) Delete, at the end of the twelfth preambular paragraph, the words "where a veritable war is currently in progress";
(d) Add a new operative paragraph 1, to read as follows:
"Encourages the Government of Burundi resulting from the agreement between the political partners for the efforts conducted in the combat for the return of peace, reconciliation and national construction;".
"Situation in Chechnya
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 12 August 1949 on the protection of war victims, and other instruments for the protection of human rights,
Recalling the statement by the Chairman of the Commission on Human Rights at its fifty-first session expressing deep concern about the situation of human rights in the Republic of Chechnya and calling for an immediate cessation of hostilities (E/1995/23-E/CN.4/1995/176, para. 594),
Deeply concerned about the disproportionate use of force by the Russian forces, resulting in a large number of civilian victims, the infliction of suffering on the civilian population and the destruction of cities, towns and villages in Chechnya,
Concerned also about the ill-treatment of prisoners and of displaced persons held in detention facilities and so-called filtration centres,
Recognizing the efforts of both sides in the conflict, with the assistance of the Organization for Security and Cooperation in Europe, to restore peace and seek a political solution to the conflict through a process of negotiations, and welcoming the agreement on and implementation of a cease-fire,
1. Condemns the violation of human rights and fundamental freedoms in Chechnya, including the right to life, and the violation of the human rights of prisoners and detainees, including those held outside the Republic;
2. Deplores the earlier indiscriminate bombing of cities and villages and the serious destruction of civilian installations and infrastructure in Chechnya in violation of the minimum requirements of humanitarian law;
3. Concerned at the plight of about four hundred thousand members of the civilian population, who have been rendered homeless, whose properties have been destroyed, who lack sufficient humanitarian aid and who will soon be facing the hardships of winter;
4. Calls for an immediate cessation of violations of human rights and humanitarian law by all parties and calls for all those who have committed war crimes, crimes against humanity and other violations of human rights and humanitarian law to be brought to justice;
5. Welcomes the holding of negotiations between the Russian Federation and the Republic of Chechnya and commends the efforts of the Organization for Security and Cooperation in Europe in facilitating those negotiations;
6. Urgently calls on both parties to respect fully the terms of the military agreement concluded by them, including the terms for a cease-fire, and to desist from any action which could lead to a resumption of armed hostilities;
7. Urges both parties to the conflict to continue negotiations with the aim of achieving a comprehensive peaceful solution to the crisis, in accordance with recognized principles of international law;
8. Calls for all persons who are detained to be treated in conformity with humanitarian law and for the International Committee of the Red Cross to be permitted to have access to all those persons in order to verify the conditions of their detention and treatment;
9. Decides to follow the development of the situation in Chechnya, and requests the Secretary-General to submit a report to the Commission on Human Rights on the situation in Chechnya, addressing in particular the reported use of chemical weapons."
"Situation in the Chechen Republic of the Russian Federation
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other instruments for the protection of human rights,
Recalling the statement by the Chairman of the Commission on Human Rights at its fifty-first session expressing deep concern about the situation of human rights in the Republic of Chechnya and calling for an immediate cessation of hostilities (E/1995/23-E/CN.4/1995/176, para. 594),
Recognizing the efforts of both sides in the conflict, with the assistance of the Organization for Security and Cooperation in Europe, to restore peace and seek a political solution to the conflict on the basis of the Constitution of the Russian Federation through a process of negotiations, and welcoming the agreement and implementation of a cease-fire,
Recalling that the Chairman of the Commission on Human Rights at its fifty-first session in his statement called for a dialogue with the aim of achieving a peaceful solution to the crisis, with respect for the territorial integrity and the Constitution of the Russian Federation, as well as a guarantee of human rights, the restoration of the constitutional order and the organization of free and fair elections in the Republic of Chechnya,
1. Expresses its deep concern at the violations of human rights and fundamental freedoms in the Republic of Chechnya and the act of terrorism in Budyonnovsk;
2. Also expresses its concern at the plight of many members of the civilian population who have been rendered homeless, whose properties have been destroyed, who lack sufficient humanitarian aid, and who will soon be facing the hardships of winter;
3. Calls on both parties to take necessary measures for the prevention of further violations of human rights and humanitarian standards;
4. Calls for all those who have committed violations of human rights to be brought to justice;
5. Appeals to both sides speedily to release all prisoners and detained persons;
6. Welcomes the holding of the negotiations on a political settlement and commends the efforts of the Organization for Security and Cooperation in Europe in facilitating those negotiations;
7. Encourages the reaching of a comprehensive peaceful solution;
8. Urgently calls on both parties to respect fully the terms of the military agreement concluded by them, including the terms for a cease-fire, and to desist from any action which could lead to a resumption of armed hostilities;
9. Welcomes the cooperation of the Russian Federation with the United Nations High Commissioner for Human Rights and other human rights bodies;
10. Requests the Secretary-General to transmit the text of the present resolution to the parties concerned."
(a) Delete, in operative paragraph 3, the word "fully" after the word "implement";
(b) Replace, in operative paragraph 4, the word "situation" with the word "developments".
252. Statements relating to the draft resolution were made by Mr. Eide, Ms. Forero Ucros and Ms. Warzazi.
(a) Insert, in the title of the draft resolution, after the words "situation in the", the words "territory of the";
(b) At the end of the eleventh preambular paragraph, add the phrase "of the non-Serb population from the Banja Luka region and of Croats from Vojvodina";
(c) Insert a new thirteenth preambular paragraph.
(a) The role and equal participation of women in
development
267. The Sub-Commission considered item 7 together with item 11 (see
chap. XII) at its 19th, 21st and 22nd meetings, on 14, 15 and 16 August 1995.
268. The Sub-Commission had before it the following document in connection
with its consideration of the item:
Written statement submitted by the American Association of Jurists, a non-governmental
organization in consultative status (category II).
269. In the general debate on item 7, statements 1/ were made by the
following members of the Sub-Commission: Mr. Eide (22nd), Mr. Zhong Shukong (21st).
270. Statements were made by the observers for Bangladesh (22nd), China (21st)
and the Philippines (22nd).
271. At the 21st meeting, on 15 August 1995, a statement was made by the
observer for the World Health Organization.
272. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: African Association of Education
for Development (19th), American Association of Jurists (21st), Habitat
International Coalition (21st), Indigenous World Association (21st), International
Federation of Human Rights (21st), Liberation (21st) and Movement Against
Racism and for Friendship Among Peoples (21st).
273. The Sub-Commission also heard a joint statement by International Association
of Educators for World Peace and the United Towns Agency for North-South
Cooperation (21st).
274. A statement equivalent to a right of reply was made by the observer
for China (22nd).
275. The Sub-Commission considered item 8 at its 22nd to 24th and 35th meetings,
on 15, 16, 17 and 24 August 1995.
276. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Preliminary set of basic policy guidelines on structural adjustment programmes and economic, social and cultural rights. Report of the Secretary-General prepared in pursuance of resolution 1994/37 (E/CN.4/Sub.2/1995/10);
The relationship between the enjoyment of human rights, in particular international labour and trade union rights, and the working methods and activities of transnational corporations. Background document prepared by the Secretary-General (E/CN.4/Sub.2/1995/11);
The right to adequate housing. Final report submitted by Mr. Rajindar Sachar, Special Rapporteur (E/CN.4/Sub.2/1995/12);
Guidelines on international events and forced evictions. Report of the Secretary-General (E/CN.4/Sub.2/1995/13);
Preliminary report on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution, prepared by Mr. José Bengoa, in conformity with resolution 1994/40 of the Sub-Commission and decision 1995/105 of the Commission on Human Rights (E/CN.4/Sub.2/1995/14);
Second interim report on human rights and extreme poverty, prepared by Mr. Leandro Despouy, Special Rapporteur (E/CN.4/Sub.2/1995/15);
Written statement submitted by the American Association of Jurists, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/2);
Written statement submitted by the Baha'i International Community, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/9);
Written statement submitted by Service Peace and Justice in Latin America, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/19);
Written statement submitted by Habitat International Coalition, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/23);
Joint written statement submitted by the International Alliance of Women, the International Council of Women, the International Movement ATD Fourth World, the International Social Security Association, non-governmental organizations in consultative status (category I); the Baha'i International Community, Caritas Internationalis, the International Abolitionist Federation, the International Association of Democratic Lawyers, the International Association of Educators for World Peace, the International Council of Jewish Women, the International Federation of Rural Adult Catholic Movements, the International Federation of Social Workers, the International Federation Terre des Hommes, the International Fellowship of Reconciliation, the International Institute of Humanitarian Law, the International Movement for Fraternal Union among Races and Peoples, the World Federation for Mental Health, the World Federation of Methodist Women, the World Movement of Mothers, the World Union of Catholic Women's Organizations, the World Young Women's Christian Association, non-governmental organizations in consultative status (category II); the Centre Europe-Tiers Monde, the International Movement against All Forms of Discrimination and Racism, the Movement against Racism and for Friendship among Peoples, the World Christian Life Community, non-governmental organizations on the Roster (E/CN.4/Sub.2/1995/NGO/26);
Written statement submitted by the International League for the Rights and Liberation of Peoples, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/30);
Written statement submitted by the International League for the Rights and Liberation of Peoples, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/31);
Joint written statement submitted by Habitat International Coalition, a non-governmental organization in consultative status (category II) and Foodfirst Information and Action Network - FIAN, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/45);
Joint written statement submitted by Habitat International Coalition, a non-governmental organization in consultative status (category II) and Foodfirst Information and Action Network - FIAN, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/46);
Written statement submitted by FIAN International, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/58).
311. The Sub-Commission considered item 9 at its 30th to 33rd and 36th
meetings on 22, 23 and 25 August 1995.
312. By resolution 1503 (XLVIII) of 27 May 1979, the Economic
and Social Council authorized the Sub-Commission to appoint a working group
(Working Group on Communications) of no more than five of its members to
meet annually for 10 working days, immediately before each session of the
Sub-Commission, to consider all communications received by the Secretary-General
under Council resolution 728 F (XXVIII) of 30 July 1959,
including replies of Governments thereon, with a view to bringing to the
attention of the Sub-Commission those communications which appeared to reveal
a consistent pattern of gross and reliably attested violations of human
rights and fundamental freedoms.
313. The procedure to be followed by the Working Group on Communications
in deciding on the admissibility of communications was established by Sub-Commission
resolution 1 (XXIV) of 13 August 1971, and the Working Group
itself was set up in accordance with Sub-Commission resolution 2 (XXIV)
of 16 August 1971.
314. The Sub-Commission had before it a confidential report on the work
of the Working Group on Communications at its twenty-third session, held
from 17 to 28 July 1995 (E/CN.4/Sub.2/1995/R.1 and addenda), certain
communications which had been kept pending before the Sub-Commission since
its forty-sixth session, in 1994, as well as all government replies relevant
to the material before it. The Sub-Commission noted with appreciation that
a large number of government replies, including detailed and substantive
replies, had been received in response to communications forwarded to Governments
under Council resolution 728 F (XXVIII). The Sub-Commission stressed
in that connection that government cooperation was essential for the proper
functioning of the bodies entrusted with the implementation of the procedure
governed by Council resolution 1503 (XLVIII) and expressed the hope
that all Governments would in the future respond to communications transmitted
to them and thereby contribute to further development of international cooperation
in the field of human rights.
315. Mr. F. Yimer, Chairman-Rapporteur of the Working Group on Communications,
introduced the Working Group's report and drew attention, as appropriate,
to the material which was pending before the Sub-Commission since its forty-sixth
session.
316. Following the discussion which ensued, the Sub-Commission decided, pursuant
to paragraph 5 of Economic and Social Council resolution 1503 (XLVIII),
to refer to the Commission on Human Rights for consideration certain particular
situations which appeared to reveal a consistent pattern of gross and reliably
attested violations of human rights.
The Sub-Commission also decided to defer action on certain communications
to its forty-eighth session, in 1996, and to take no action with regard
to other communications.
317. At the 36th meeting (closed part), on 25 August 1995, the
Sub-Commission adopted a confidential report, pursuant to paragraph 8
of Council resolution 1503 (XLVIII), by which it communicated to the
Commission on Human Rights its decisions taken under paragraph 5
of that resolution.
318. Also at the 36th meeting, the Sub-Commission decided on the composition
of its Working Group on Communications that would meet prior to its forty-eighth
session. For the composition of the Working Group, see chapter II,
section B, decision 1995/119.
(a) Question of human rights and states of emergency;
(b) Individualization of prosecution and penalties, and
repercussions of violations of human rights on families;
(c) Application of international standards concerning
the human rights of detained juveniles;
(d) Independence and impartiality of the judiciary, jurors
and assessors and the independence of lawyers.
319. The Sub-Commission considered item 10 at its 25th, 28th, 29th
and 35th meetings, on 17, 21 and 24 August 1995.
320. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Report of the sessional working group on the administration of justice and the question of compensation (E/CN.4/Sub.2/1995/16 and Corr.1);
Report of the Secretary-General prepared pursuant to Sub-Commission resolution 1994/33 (E/CN.4/Sub.2/1995/17 and Add.1 and 2);
Progress report on the question of the impunity of perpetrators of violations of human rights (civil and political rights), prepared by the Special Rapporteur, Mr. Joinet, pursuant to Sub-Commission resolution 1994/34 (E/CN.4/Sub.2/1995/18);
Interim report on opposition to the impunity of perpetrators of human rights violations (economic, social and cultural rights), prepared by the Special Rapporteur, Mr. El-Hajjé Guissé, pursuant to Sub-Commission resolution 1994/34 (E/CN.4/Sub.2/1995/19);
Eighth annual report and list of States which, since 1 January 1985, have proclaimed, extended or terminated a state of emergency, presented by Mr. Leandro Despouy, Special Rapporteur appointed pursuant to Economic and Social Council resolution 1985/37 (E/CN.4/Sub.2/1995/20 and Corr.1);
Note by the Secretary-General (E/CN.4/Sub.2/1995/21);
Letter dated 3 May 1995 from the Permanent Observer for Palestine to the United Nations Office at Geneva addressed to the Assistant Secretary-General for Human Rights (E/CN.4/1996/5-E/CN.4/Sub.2/1995/36);
Written statement submitted by the International Federation of ACAT (Action of Christians for the Abolition of Torture), a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/4);
Written statement submitted by the International Commission of Jurists, a non-governmental organization in consultative status (category II);
Written statement submitted by the International Commission of Jurists, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/8);
Written statement submitted by Pax Romana, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/24);
Written statement submitted by Service, Peace and Justice in Latin America, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/29);
Written statement submitted by the International Human Rights Law Group, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/36);
Written statement submitted by the Centre Europe-Tiers Monde, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/37);
Written statement submitted by the Consultative Council of Jewish Organizations, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/38);
Written statement submitted by International Educational Development, Inc., a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/42);
Written statement submitted by the International Federation of Human Rights, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/43);
Written statement submitted by the International Federation of Human Rights, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/54);
Written statement submitted by Pax Christi International, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/56);
Written statement submitted by the Society for Threatened Peoples, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/57);
Expert group meeting on children and juveniles in detention: application of human rights standards. Report of the Secretary-General pursuant to Commission on Human Rights resolution 1993/80 (E/CN.4/1995/100).
"The amnesty law in Peru
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling the provisions relating to amnesty in the Vienna Declaration and Programme of Action (A/CONF.157/23) adopted by the World Conference on Human Rights in 1993,
Having been informed of the adoption, by the Congress of the Republic of Peru, of the Act of 15 June 1995, which grants a general amnesty to public employees for acts committed between May 1980 and the date of promulgation of that Act,
Recalling the relevant provisions of the International Covenant on Civil and Political Rights ratified by Peru, notably those which concern the right to justice and, where appropriate, reparation,
Recalling the comments of the Human Rights Committee of 29 and 30 March 1993 relating to amnesty (CCPR/C/79/Add.19),
Recalling that, pursuant to the principle established by article 55 of the Peruvian Constitution, namely that treaties concluded by the State which have entered into force form part of national law, the fourth final and transitional provision of the Constitution stipulates, for the benefit of magistrates, that enactments relating to the rights and freedoms recognized by the Constitution shall be interpreted in conformity with the Universal Declaration of Human Rights and the international treaties and agreements in this sphere ratified by Peru,
1. Urges the competent Peruvian authorities to take the necessary measures to permit implementation of the aforesaid Act compatible with the international treaties to which Peru is a party and, specifically, the International Covenant on Civil and Political Rights;
2. Invites the Government of Peru to accelerate the implementation of measures to render the administration of justice more effective, such as the establishment by Congress, on 8 August 1995, of the Office of the Ombudsman."
"During the consideration of draft resolution E/CN.4/Sub.2/1995/L.47 relating to the amnesty law adopted on 14 June 1995 in Peru, the Sub-Commission took note with concern of the letter of 1 August 1995 in which the Special Rapporteurs of the Commission on Human Rights on torture and on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the independence of the judiciary and lawyers, and the Chairman of the Working Group on Enforced or Involuntary Disappearances expressed to the Peruvian authorities their deepest reservations as to the effects of both the amnesty law and its interpretative law on impunity.
The Sub-Commission, lending its support to the initiative taken by the Special Rapporteurs and Chairman mentioned above, decided to postpone consideration of the draft resolution E/CN.4/Sub.2/1995/L.47 until the forty-eighth session under agenda item 4".
349. The Sub-Commission considered item 11 together with item 7
(see chap. VIII) at its 21st, 22nd and 35th meetings, on 15, 16 and
24 August 1995.
350. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
The integration of the human rights of women and the girl child into the activities of the United Nations system. Report of the Secretary-General prepared in accordance with Sub-Commission resolution 1994/43 (E/CN.4/Sub.2/1995/22);
Written statement submitted by the International Federation of Human Rights, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/44);
Report of the Secretary-General: Steps to be taken by the Division for the Advancement of Women to ensure that relevant human rights mechanisms of the United Nations regularly address violations of the rights of women; including progress in preparing a joint work plan on women's human rights for the Centre for Human Rights and the Division for the Advancement of Women (E/CN.6/1995/13).
361. The Sub-Commission considered item 12 at its 28th and 34th meetings,
held on 21 and 24 August 1995.
362. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Note verbale dated 9 June 1995 from the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/40);
Note verbale dated 8 August 1995 from the Permanent Mission of the Republic of Albania to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/46 and Corr.1);
Written statement submitted by International Educational Development, Inc., a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/47).
366. The Sub-Commission considered item 13 at its 16th to 19th, 27th,
28th, 34th and 35th meetings, on 11, 14, 18, 21 and 24 August 1995.
367. In connection with this item, the Sub-Commission had before it the
following documents:
Written statement submitted by the observer for New Zealand on 14 August 1995;
Supplementary working paper on the interrelationship between human rights and international peace prepared by Mr. Murlidhar Bhandare pursuant to Sub-Commission resolution 1989/47 (E/CN.4/Sub.2/1994/29).
"Nuclear tests and the enjoyment of human rights, above all the right to life
The Sub-Commission on prevention of discrimination and protection of minorities,
Bearing in mind that its main aim is to contribute with the United Nations system to the full enjoyment of human rights, especially the maintenance and steady improvement of conditions for world peace, the right to life, health, security and the preservation of the environment, in particular of civil populations,
Deeply concerned by the French Government's announcement that it
will be carrying out nuclear tests in the Pacific Ocean, at the Mururoa Atoll,
Also concerned by the fact that other countries are continuing the
practice of nuclear tests and that the arms race is not being halted once and for all and disarmament is not becoming a reality,
Taking note of the widespread criticism and indignation aroused by
this decision in many parts of the world, particularly among the populations of the countries and territories situated in the Pacific Ocean, who will be affected by the consequences of activities of this kind which can be neither measured nor evaluated,
Considering that there are many civil populations and indigenous
peoples in the Pacific area who will be affected by these nuclear activities,
Taking into account the draft United Nations Declaration on the
Rights of Indigenous Peoples, adopted by the Sub-Commission in its resolution 1994/46 of 26 August 1994, which clearly expresses the desire of this collegiate body of experts that areas inhabited by indigenous peoples should be demilitarized and that no nuclear tests of this kind should be carried out therein,
Recognizing that the carrying out of nuclear tests in an area far
from the country itself and close to other populations unconnected with the interests of that State is a form of discrimination and of disregard for the health and environment of the people living there,
Considering that there are no valid or moral reasons of any kind to justify such nuclear tests and to ignore the present policy of nuclear disarmament,
1. Requests the Secretary-General to transmit immediately to the Government of France the text of this resolution;
2. Informs the Government of France and others that are preparing tests of this kind that the Sub-Commission considers that such nuclear tests are a violation of the human rights of the persons living in those areas in particular and of the rights of their indigenous peoples, and that in general they violate the rights of all persons who in one way or another are threatened by such practices;
3. Clearly recognizes the right of groups, non-governmental
organizations and private associations concerned with human rights, the environment and disarmament, the peoples of the countries affected and, in general, all institutions including Governments to protest and stage all kinds of peaceful demonstrations with the aim of halting these tests;
4. Resolves that these nuclear tests should be immediately and
permanently discontinued;
5. Requests the Commission on Human Rights to appoint a Special
Rapporteur to study in the field and monitor the effects and consequences of these tests on civil populations and indigenous peoples, particularly as regards their life, health and environment;
6. Decides to transmit this resolution immediately to the
Secretary-General with the request that he send it to Governments and give it maximum publicity."
"Nuclear tests and the enjoyment of human rights, especially the right to life
1. After the first preambular paragraph, insert the following new
preambular paragraphs:
'Recalling the suffering and long-term deleterious effects earlier inflicted on human beings and the environment as a result of previous nuclear explosions or tests conducted by several Governments at various times in the Pacific area, notably in Japan, on atolls or islands in the Pacific basin and also in central and eastern parts of the former Soviet Union, in the United States of America, in Australia and in secret underground tests by States at various other locations in the world,
Deploring the fact that, despite the decision adopted without a vote on 12 May 1995 by the Review Conference on the Non-Proliferation Treaty that until the entry into force of a complete and comprehensive nuclear test ban nuclear Powers should exercise the utmost restraint, the People's Republic of China conducted nuclear tests on 15 May 1995, only three days after the adoption of the decision,'
2. In the existing third preambular paragraph, in line 2, after the
word 'tests', insert the following text:
', that there is reliable information that the People's Republic of China is reportedly about to conduct two nuclear tests in the forthcoming month'
3. In operative paragraph 5, in lines 1 and 2, delete 'appoint a
Special Rapporteur' and substitute 'requests the Special Rapporteur on toxic wastes and the environment'."
(i) Add, at the end of the second of the proposed new preambular paragraphs, the words "and again on 17 August 1995",
(ii) Replace, in the amendment to the existing third preambular paragraph the words "two nuclear tests" with the words "another nuclear test".
(i) Add, at the end of the third preambular paragraph, the words "contrary to the appeals of the international community, which considers that the resources deriving from disarmament should be applied to the development of all countries, particularly the developing countries";
(ii) Replace, in operative paragraph 5, the words "of these tests on civil populations and indigenous peoples" with the words "of nuclear tests on civil populations in the regions where those tests take place".
387. The Sub-Commission considered item 14 at its 29th, 33rd, 34th, 35th
and 36th meetings, on 21, 22, 23, 24 and 25 August 1995.
388. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Report of the Working Group on Indigenous Populations on its thirteenth session (E/CN.4/Sub.2/1995/24);
Report of the Secretary-General (E/CN.4/Sub.2/1995/25);
Protection of the heritage of indigenous people. Final report of the Special Rapporteur, Ms. Erica-Irene Daes, in conformity with Sub-Commission resolution 1993/44 and decision 1994/105 of the Commission on Human Rights (E/CN.4/Sub.2/1995/26);
Study on treaties, agreements and other constructive arrangements between States and indigenous populations. Second progress report submitted by the Special Rapporteur, Mr. Miguel Alfonso Martínez (E/CN.4/Sub.2/1995/27);
Written statement by the International Human Rights Association of American Minorities, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/14).
423. The Sub-Commission considered item 15 together with item 16 (see
chap. XVII) at its 15th to 17th, 21st, 27th and 36th meetings, on 10,
11, 15, 18 and 25 August 1995.
424. In connection with its consideration of the item, the Sub-Commission
had before it the following documents:
Report of the Working Group on Contemporary Forms of Slavery on its twentieth session (E/CN.4/Sub.2/1995/28 and Add.1);
Report of the Secretary-General on the implementation of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, submitted pursuant to Sub-Commission resolution 1994/5 (E/CN.4/Sub.2/1995/29 and Add.1);
Working paper on the situation of systematic rape, sexual slavery and slavery-like practices during wartime, including internal armed conflict, submitted by Ms. Linda Chavez in accordance with Sub-Commission decision 1994/109 (E/CN.4/Sub.2/1995/38);
Note by the Secretariat (E/CN.4/Sub.2/1995/39);
Written statement by Human Rights Watch, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/12);
Written statement submitted by Human Rights Advocates, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/33).
(a) Prevention of discrimination and protection of
children: human rights and youth
(b) Human rights and disability
451. The Sub-Commission considered item 16 together with item 15 (see chap. XVI)
at its 15th to 17th, 21st and 27th meetings, held on 10, 11, 15 and 18 August 1995.
452. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Situation of children deprived of their liberty. Note by the Secretary-General
prepared pursuant to Sub-Commission resolution 1994/9 (E/CN.4/Sub.2/1995/30
and Add.1);
Human rights and disability. Note by the Secretary-General prepared pursuant
to Sub-Commission resolution 1994/10 (E/CN.4/Sub.2/1995/31);
Letter dated 3 July 1995 from the Permanent Mission of the Federal Republic
of Yugoslavia to the United Nations Office at Geneva addressed to the
Chairman of the Sub-Commission on Prevention of Discrimination and Protection
of Minorities (E/CN.4/Sub.2/1995/42).
Written statement submitted by the American Association of Jurists, a non-governmental
organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/10);
Joint written statement submitted by the International League for the Rights
and Liberation of Peoples, a non-governmental organization in consultative
status (category II) (E/CN.4/Sub.2/1995/NGO/30);
Written statement submitted by the International League for the Rights and
Liberation of Peoples, a non-governmental organization in consultative status
(category II) (E/CN.4/Sub.2/1995/NGO/31);
453. In the general debate on item 16, statements 1/ were made by the
following members of the Sub-Commission: Ms. Forero Ucros (16th),
Mr. Guissé (16th).
454. Statements were made by the observers for Afghanistan (17th),
Bangladesh (17th) and Uruguay (17th).
455. The Sub-Commission also heard statements by representatives of the
following non-governmental organizations: African Health and Human Rights
Promoters Commission (16th), Indigenous World Association (16th), International
Association of Educators for World Peace (17th), International Association
of Lawyers against Nuclear Arms (16th), International Committee for
European Security and Co-operation (16th), International Educational
Development, Inc. (16th), International League for Human Rights (16th),
Pax Christi International (16th), World Federation of Democratic
Youth (17th), World Organization against Torture (16th).
456. The Sub-Commission also heard a joint statement by the International
Council of Jewish Women on behalf of the following non-governmental organizations:
All India Women's Conference, Inter-African Committee on Traditional Practices
Affecting the Health of Women and Children, International Abolitionist Federation,
International Alliance of Women, International Fellowship of Reconciliation,
International Movement against All Forms of Discrimination and Racism, Lutheran
World Federation, National Council of German Women's Organizations, World
Federation of Methodist Women, World Union of Catholic Women's Organizations,
World Young Women's Christian Association, Zonta International (21st).
457. A joint statement was also made by World University Service and the
International Organization for the Development of Freedom of Education (16th).
Human rights and disability
458. At its 27th meeting, on 18 August 1995, the Sub-Commission had before
it the draft resolution E/CN.4/Sub.2/1995/L.23, sponsored by Mr. Alfonso Martínez,
Mr. Ali Khan, Mr. Chernichenko, Mr. Eide, Mr. El-Hajjé,
Mr. Fan Guoxiang, Mr. Genot, Mr. Guissé, Ms. Gwanmesia,
Mr. Hakim, Mr. Hatano, Mr. Khalifa, Ms. Koufa, Mr. Lindgren Alves,
Ms. Mbonu, Ms. Warzazi and Mr. Yimer.
459. The draft resolution was adopted without a vote.
460. For the text of the resolution, see chapter II, section A,
resolution 1995/17.
461. The Sub-Commission considered agenda item 17 together with
item 18 (see chap. XIX and item 20 (see chap. XXI) at its 9th
to 11th and 13th to 15th and 36th meetings, on 7, 8, 9, 10 and
25 August 1995.
462. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Possible ways and means of facilitating the peaceful and constructive solution of problems involving minorities. Report of the Secretary-General prepared pursuant to Sub-Commission resolution 1994/4 (E/CN.4/Sub.2/1995/33 and Add.1 and 2);
Enclaved groups. Working paper prepared by Mr. Asbjørn Eide pursuant to Sub-Commission decision 1994/113 (E/CN.4/Sub.2/1995/34);
Note verbale dated 9 June 1995 from the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/40);
Note verbale dated 10 August 1995 from the Permanent Mission of the Russian Federation to the United Nations Office at Geneva addressed to the Chairman of the forty-seventh session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/44);
Note verbale dated 8 August 1995 from the Permanent Mission of the Republic of Albania to the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1995/46 and Corr.1);
Written statement submitted by the International Human Rights Association of American Minorities, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/6);
Written statement submitted by Human Rights Watch, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/13);
Written statement submitted by the International Human Rights Association of American Minorities, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/14);
Written statement submitted by the International Human Rights Association of American Minorities, a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/15);
Written statement submitted by Pax Romana, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/28);
Written statement submitted by the Consultative Council of Jewish Organizations, a non-governmental organization in consultation status (category II).
(a) Situation of migrant workers and members of their
families
(b) Population displacements
470. The Sub-Commission considered item 18 together with item 17 (see
chap. XVIII) and item 20 (see chap. XXI) at its 9th, 10th, 11th,
13th, 14th, 27th and 34th meetings on 7, 8, 9, 18 and 24 August 1995.
471. The Sub-Commission had before it the following documents in connection
with its consideration of the item:
Note by the Secretary-General (E/CN.4/Sub.2/1995/35);
Written statement submitted by the American Association of Jurists, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/10);
Written statement submitted by the Society for Threatened Peoples, a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/16).
Written statement submitted by International Educational Development Inc., a non-governmental organization on the Roster (E/CN.4/Sub.2/1995/NGO/34);
484. The Sub-Commission considered agenda item 19 at its 17th, 18th,
27th and 34th meetings held on 11, 14, 18 and 24 August 1995.
485. In the general debate, statements 1/ were made by the following members
of the Sub-Commission: Mr. Chernichenko (18th), Mr. Fan Guoxiang (18th),
Mr. Khalifa (18th), Ms. Mbonu (18th), Ms. Palley (18th).
486. The Sub-Commission also heard statements by the representatives of
the following non-governmental organizations: American Association
of Jurists (17th), International Educational Development, Inc. (18th),
Pax Romana (18th).
Question of the implications for human rights of United Nations action,
including humanitarian assistance, in addressing international humanitarian
problems and in the promotion and protection of human rights
487. At the 27th meeting, on 18 August 1995, the Sub-Commission considered
draft resolution E/CN.4/Sub.2/1994/L.39, sponsored by Mr. Alfonso Martínez,
Mr. Ali Khan, Mr. Boutkevitch, Mr. Eide, Mr. Guissé, Ms. Gwanmesia,
Mr. Khalifa, Ms. Koufa, Ms. Mbonu, Ms. Palley, Mr. Ramadhane,
Ms. Warzazi and Mr. Yimer.
488. At the proposal of Mr. Eide, the Sub-Commission decided to postpone
consideration of the draft resolution.
489. Statements in connection with the draft resolution and the postponement were
made by Mr. Alfonso Martínez, Mr. Chernichenko, Mr. Eide,
Mr. Fan Guoxiang, Ms. Mbonu, Ms. Palley and Ms. Warzazi.
490. At the 34th meeting, on 24 August 1995, the Sub-Commission resumed
consideration of draft resolution E/CN.4/Sub.2/1995/L.39.
491. Ms. Warzazi revised the draft resolution by adding a new seventh preambular
paragraph and a new operative paragraph 2.
492. Ms. Mbonu also revised the text by adding a new last preambular paragraph.
493. The draft resolution, as revised, was adopted without a vote.
494. For the text, as adopted, see chapter II, section A, resolution 1995/19.
495. The Sub-Commission considered item 20 together with item 17 (see chap. XVIII)
and item 18 (see chap. XIX) at its 9th, 10th, 13th, 14th and 27th meetings,
on 7, 9, 10 and 18 August 1995.
496. The Sub-Commission had before it the following documents in connection
with its consideration of item 20.
Written statement submitted by the Consultative Council of Jewish Organizations,
a non-governmental organization in consultative status (category II) (E/CN.4/Sub.2/1995/NGO/40);
Working Paper containing suggestions for a comprehensive programme for the
prevention of discrimination and protection of minorities prepared by Mr. Asbejørn
Eide pursuant to Sub-Commission resolution 1993/43 (E/CN.4/1994/36 and Corr.1).
497. In the general debate on the item, statements 1/ were made by the following
members of the Sub-Commission: Ms. Ferriol Echevarría (10th),
Mr. Eide (9th), Mr. Hakim (13th).
498. The Sub-Commission also heard statements by the representatives of
the following non-governmental organizations: African Health and Human Rights
Promoters Commission (14th), Baha'i International Community (10th), International
Federation of Human Rights (14th), International Movement against All Forms
of Discrimination and Racism (10th).
Comprehensive programme for the prevention of discrimination and protection
of minorities
499. At the 27th meeting on 18 August 1995, the Sub-Commission considered
draft decision E/CN.4/Sub.2/1995/L.28, sponsored by Mr. El-Hajjé,
Ms. Palley, Ms. Warzazi and Mr. Yimer. Mr. Guissé, Ms. Gwanmesia
and Ms. Mbonu subsequently joined the sponsors.
500. The draft decision was adopted without a vote.
501. For the text as adopted, see chapter II, section B, decision 1995/110.
502. The Sub-Commission considered item 21 at its 17th and 18th meetings,
on 11 and 14 August 1995.
503. In the general debate on the item, a statement 1/ was made by
Ms. Daes (18th).
504. A statement was made by the observer for Israel (18th).
505. The Sub-Commission also heard statements by the representatives of
the following non-governmental organizations: International Islamic Federation
of Student Organizations (18th), World Muslim Congress (18th).
506. The Sub-Commission considered agenda item 22 at its 36th meeting,
on 25 August 1995.
507. In accordance with paragraph 3 of Economic and Social Council
resolution 1894 (LVII), the Sub-Commission had before it a note
by the Secretary-General (E/CN.4/Sub.2/1995/L.1) containing a draft provisional
agenda for the forty-eighth session of the Sub-Commission and indicating
the documents to be submitted under each item and the legislative authority
for their preparation.
508. Statements in connection with the draft provisional agenda were made
by Mr. Alfonso Martínez, Mr. Chernichenko, Ms. Daes,
Mr. Eide, Mr. El-Hajjé, Ms. Gwanmesia, Ms. Mbonu,
Ms. Warzazi and Mr. Yimer.
509. The members of the Sub-Commission took note of the draft provisional
agenda.
510. The draft provisional agenda for the forty-eighth session of the Sub-Commission
reads as follows:
1. Election of officers.
2. Adoption of the agenda.
3. Review of the work of the Sub-Commission.
Legislative authority: Commission on Human Rights resolution 1994/23 and Sub-Commission resolutions 5 (XIV), 1992/8 and 1994/32 and decisions 2 (XXXIV), 1995/112, 1995/113, 1995/114 and 1995/115.
4. Review of further developments in fields with which the Sub-Commission has been concerned.
Legislative authority: Sub-Commission resolutions 1995/20, 1995/21, 1995/22, 1995/26 and decision 1995/116 and the statement of the Chairman of the Sub-Commission of 24 August 1995, made under agenda item 10.
Documentation:
(a) Final report of the Special Rapporteur on traditional practices affecting the health of women and children (para. 3 of resolution 1995/20);
(b) Report of the Special Rapporteur on the recognition of gross and large-scale violations of human rights as an international crime (para. 2 of resolution 1995/22) (subject to approval by the Commission of the Special Rapporteur's appointment);
(c) Working paper by Mr. El-Hajjé on democracy and the establishment of a democratic society (decision 1995/116).
5. Elimination of racial discrimination:
(a) Measures to combat racism and racial discrimination and the role of the Sub-Commission.
Legislative authority: Sub-Commission resolutions 1995/12 and 1995/26.
6. Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII).
Legislative authority: Sub-Commission resolutions 1995/3, 1995/4, 1995/10, 1995/11, 1995/18, 1995/26 and decision 1995/108.
Documentation:
Note by the Secretary-General on the situation of human rights in the Islamic Republic of Iran (para. 8 of resolution 1995/18).
7. The new international economic order and the promotion of human rights:
(a) The role and equal participation of women in development.
Legislative authority: Sub-Commission resolutions 1987/26, 1989/1 and 1995/26.
Documentation:
(a) Report of the Commission on the Status of Women (resolution 1987/26);
(b) Report of the Committee on the Elimination of Discrimination against Women (resolution 1987/26).
8. The realization of economic, social and cultural rights.
Legislative authority: Sub-Commission resolutions 1995/26, 1995/27, 1995/28, 1995/29, 1995/30, 1995/31 and 1995/34.
Documentation:
(a) Reports of the Secretary-General on the right to adequate housing (para. 10 of resolution 1995/27);
(b) Final report of the Special Rapporteur on human rights and extreme poverty (para. 5 of resolution 1995/28);
(c) Updated report of the Secretary-General on guidelines on international events and forced evictions (para. 10 of resolution 1995/29);
(d) Second progress report of the Special Rapporteur on the relationship between human rights, particularly economic, social and cultural rights, and income distribution (para. 8 of resolution 1995/30);
(e) Report of the Secretary-General on the impact of the activities and working methods of transnational corporations on the full enjoyment of all human rights, in particular economic, social and cultural rights and the right to development (para. 2 of resolution 1995/31);
(f) Final report of the Special Rapporteur on the question of impunity of perpetrators of violations of human rights (economic, social and cultural rights) (para. 2 of resolution 1995/34).
9. Communications concerning human rights: report of the Working Group established under Sub-Commission resolution 2 (XXIV) in accordance with Economic and Social Council resolution 1503 (XLVIII).
Legislative authority: Economic and Social Council resolution 1503 (XLVIII) and Sub-Commission resolutions 1 (XXIV) and 2 (XXIV).
Documentation:
Confidential report of the Working Group and supporting papers.
10. The administration of justice and the human rights of detainees:
Legislative authority: Sub-Commission resolutions 1995/26 and 1995/35 and decision 1995/117.
Documentation:
(a) Final report of the Special Rapporteur (para. 2 of resolution 1995/35);
(b) Working paper by Mr. van Boven (decision 1995/117).
(a) Question of human rights and states of emergency
Legislative authority: Sub-Commission resolution 1995/33.
Documentation:
Annual report and list updated by the Special Rapporteur (paras. 8 and 9 of resolution 1995/33).
(b) Individualization of prosecution and penalties, and repercussions of violations of human rights on families
Legislative authority: Commission on Human Rights resolution 26 (XXXVI).
(c) Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers
Legislative authority: Sub-Commission decision 1994/101.
11. The implementation of the human rights of women.
Legislative authority: Sub-Commission resolution 1995/26.
Documentation:
Report of the Secretary-General (para. 5 of resolution 1995/26).
12. Human rights and scientific and technological developments.
Legislative authority: Commission on Human Rights resolution 1993/91 and Sub-Commission resolution 1995/26 and decisions 1992/104, 1994/108 and 1995/101.
13. International peace and security as an essential condition for the enjoyment of human rights, above all the right to life.
Legislative authority: Sub-Commission resolutions 1995/24 and 1995/26.
14. Discrimination against indigenous peoples.
Legislative authority: Economic and Social Council resolutions 1982/34 and 1989/77 and Sub-Commission resolutions 1995/26, 1995/38, 1995/39 and 1995/40 and decision 1995/118.
Documentation:
(a) Supplementary report by the Special Rapporteur on the protection of the heritage of indigenous people (para. 4 of resolution 1995/40);
(b) Third progress report by the Special Rapporteur on the study of treaties, agreements and other constructive arrangements between States and indigenous populations (decision 1995/118).
15. Contemporary forms of slavery.
Legislative authority: Economic and Social Council decisions 16 and 17 (LVI) and Sub-Commission resolutions 1989/41, 1995/14, 1995/16 and 1995/26.
Documentation:
(a) Preliminary report of the Special Rapporteur on the situation of systematic rape, sexual slavery and slavery-like practices during wartime, including internal armed conflict (para. 3 of resolution 1995/14) (subject to approval by the Commission of the Special Rapporteur's appointment);
(b) Report of the Working Group (resolution 1995/16);
(c) Report of the Secretary-General (para. 14 of resolution 1995/16).
16. Promotion, protection and restoration of human rights at national, regional and international levels:
(a) Prevention of discrimination and protection of children: human rights and youth;
(b) Human rights and disability.
Legislative authority: Commission on Human Rights resolution 1985/13 and Sub-Commission resolutions 1995/17 and 1995/26.
Documentation:
Report of the Secretary-General regarding coordination endeavours which affect persons with disabilities (para. 1 of resolution 1995/17).
17. Protection of minorities.
Legislative authority: Commission on Human Rights resolution 1995/24 and Sub-Commission resolutions 1989/44, 1994/4 and 1995/26.
Documentation:
Report of the Working Group (Sub-Commission resolution 1994/4).
18. Freedom of movement:
(a) Situation of migrant workers and members of their families;
(b) Population displacements.
Legislative authority: Sub-Commission resolutions 1993/21, 1994/24, 1995/13 and 1995/26 and decisions 1992/112 and 1995/111.
Documentation:
Final report of the Special Rapporteur on the human rights dimensions of population transfer, including the implementation of settlers and settlements (decision 1995/111).
19. Implications of humanitarian activities for the enjoyment of human rights.
Legislative authority: Sub-Commission resolutions 1995/19 and 1995/26.
20. Comprehensive examination of thematic issues relating to racism, xenophobia, minorities and migrant workers.
Legislative authority: Sub-Commission resolutions 1994/4 (para. 5) and 1995/26 and decision 1995/110.
Documentation:
Second working paper by Mr. Eide on a comprehensive programme for the prevention of discrimination and protection of minorities (decision 1995/110).
21. Consideration of the future work of the Sub-Commission and of the draft provisional agenda for the forty-ninth session of the Sub-Commission.
22. Adoption of the report of the forty-eighth session.
511. At the 36th meeting, on 25 August 1995, the Sub-Commission considered
the draft report on the work of its forty-seventh session (E/CN.4/Sub.2/1995/L.10
and addenda; E/CN.4/Sub.2/1995/L.11 and addenda).
512. At the same meeting, the Sub-Commission adopted the draft report ad referendum
and decided to entrust the Rapporteur with its finalization.
Note
1/ The numbers in parenthesis indicate the meeting at which the Statement
was made.
Annex I
AGENDA
1. Election of officers.
2. Adoption of the agenda.
3. Review of the work of the Sub-Commission.
4. Review of further developments in fields with which the Sub-Commission
has been concerned.
5. Elimination of racial discrimination:
(a) Measures to combat racism and racial discrimination and the role of the Sub-Commission;
(b) Monitoring the transition to democracy in South Africa.
(a) The role and equal participation of women in development.
(a) Question of human rights and states of emergency;
(b) Individualization of prosecution and penalties, and repercussions of violations of human rights on families;
(c) Application of international standards concerning the human rights of detained juveniles;
(d) Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers.
(a) Prevention of discrimination and protection of children: human rights and youth;
(b) Human rights and disability.
(a) Situation of migrant workers and members of their families.
(b) Population displacements.
1. Statements on estimates of the programme budget implications for perennial
activities resulting from mandates of the Economic and Social Council were
not submitted, since provisions for such activities are included in the
proposed programme budget for 1994-1997 (A/48/6/Rev.1).
2. In all other cases, statements on the programme budget implications of
implementing the draft resolutions and decisions adopted by the Sub-Commission
will be submitted, if necessary, to the Commission on Human Rights in the
context of the Commission's consideration of the report of the Sub-Commission.
Annex IV
1995/6 Situation in Colombia, paragraph 4
1995/8 Situation in the territory of the Former Yugoslavia, paragraph 10
1995/11 Situation of human rights in Burundi, paragraph 6
1995/16 Report of the Working Group on Contemporary Forms of Slavery, paragraphs
6, 10, 22, 51, 53
1995/20 Traditional practices affecting the health of women and children,
paragraph 4
1995/21 Discrimination in the context of human immunodeficiency virus (HIV)
or acquired immune deficiency syndrome (AIDS), paragraphs 5, 7
1995/23 Human rights and the environment, paragraphs 1, 2
1995/25 Protection by competent authorities of everyone against threats,
retaliation, pressure or any other arbitrary action as a consequence of
legitimate, peaceful and non-violent exercise of the right to strive for
the protection of human rights, operative paragraph
1995/32 Effects on the full enjoyment of human rights of structural adjustment
programmes, paragraphs 2, 3, 4
1995/33 Question of human rights and states of emergency, paragraph 10
1995/38 Discrimination against indigenous peoples, paragraph 4
1995/109 Draft programme of action on the traffic in persons and the exploitation
of the prostitution of others
Annex V
Item
Title
Special Rapporteur
Legislative authority
First submission
Final submission
5(b)
Monitoring and assisting the transition to democracy in
South Africa
Ms. Attah
Commission on Human Rights resolution 1995/9
Sub-Commission resolution 1995/12
Forty-fifth session (1993)
Forty-seventh session (1995)
8
Promoting the realization of the human right to adequate housing
Mr. Sachar
Commission on Human Rights resolution 1995/19
Sub-Commission resolution 1995/27
Forty-fifth session (1993)
Forty-seventh session (1995)
Item
Title
Special Rapporteur
Legislative authority
First submission
Final submission
4
Traditional practices affecting the health of women and children
Ms. Warzazi
Commission on Human Rights decision 1995/112
Sub-Commission resolution 1995/20
Forty-seventh session (1995)
Forty-eighth session (1996)
8
Question of the impunity of perpetrators of violations of human rights (economic,
social and cultural rights)
Mr. Guissé
Commission on Human Rights resolution 1994/44
Sub-Commission resolution 1995/34
Forty-fifth session (1993)
Forty-eighth session (1996)
8
Human Rights and extreme poverty
Mr. Despouy
Commission on Human Rights resolution 1995/16
Sub-Commission resolution 1995/28
Forty-fifth session (1993)
Forty-eighth session (1996)
8
Human rights and income distribution
Mr. Bengoa
Commission on Human Rights decision 1995/105
Sub-Commission resolution 1995/30
Forty-seventh session (1995)
Forty-ninth session (1997)
10
Question of the impunity of perpetrators of violations of human rights (civil
and political rights)
Mr. Joinet
Commission on Human Rights resolution 1994/44
Sub-Commission resolution 1995/35
Forty-fifth session (1993)
Forty-eighth session (1996)
14
Protection of the heritage of indigenous people
Ms. Daes
Commission on Human Rights decision 1995/108
Sub-Commission resolution 1995/40
Forty-sixth session (1994)
Forty-eighth session (1996)
14
Studies on treaties, agreements and other constructive arrangements between
States and indigenous populations
Mr. Alfonso Martínez
Commission on Human Rights decision 1995/109
Sub-Commission decision 1995/118
Forty-third session (1991)
Forty-ninth session (1996)
18
Human rights dimensions of population transfer
Mr. Al-Khasawneh
Commission on Human Rights decision 1994/102
Sub-Commission decision 1995/111
Forty-fifth session (1993)
Forty-eighth session (1996)
Item
Title
Special Rapporteur
Legislative authority
First submission
Final submission
10
Question of human rights and states of emergency
Mr. Despouy
Commission resolution 1995/42
Sub-Commission resolution 1995/33
Thirty-ninth session (1987)
Item
Title
Members of the Sub-Commission
Legislative authority
First submission
Final submission
4
Democracy and the establishment of a democratic society
Mr. El-Hajjé
Commission on Human Rights resolution 1995/60
Sub-Commission resolution 1995/116
Forty-eighth session (1996)
20
Comprehensive programme for the prevention of discrimination and protection
of minorities, including proposals for the examination of thematic issues
relating to racism, xenophobia, minorities and migrant workers
Mr. Eide
Commission decision 1995/110
Forty-sixth session (1994)
Forty-eighth session (1996)
Item
Title
Special Rapporteur
Legislative authority
First submission
Final submission
4
Recognition of gross and large-scale violations of human rights as an international
crime
Mr. Chernichenko
Commission on Human Rights decision 1995/111
Sub-Commission resolution 1995/22
Forty-eighth session (1996)
15
Systematic rape and sexual slavery during periods of armed conflict
Ms. Chavez
Commission on Human Rights decision 1994/103
Sub-Commission resolution 1995/14
Forty-eighth session (1996)
Forty-ninth session (1997)
19
Question of the implications for human rights of United Nations action,
including humanitarian assistance, in addressing international humanitarian
problems and in the promotion and protection of human rights
Ms. Palley
Commission on Human Rights decision 1995/107
Sub-Commission resolution 1995/19
a/ This list has been prepared in accordance with Commission on Human Rights
resolution 1982/23.
Annex VI
Documents issued in the general series
Symbol Agenda
item
E/CN.4/Sub.2/1995/1 Provisional agenda. Note by the
and Corr.1 Secretary-General
E/CN.4/Sub.2/1995/1 Annotations to the provisional
and Add.1 and Corr.1 agenda prepared by the Secretary-General
E/CN.4/Sub.2/1995/1/ Agenda. Note by the
Rev.1 Secretary-General
E/CN.4/Sub.2/1995/3 4 Note by the Secretary-General
E/CN.4/Sub.2/1995/4 4 Memorandum submitted by the
International Labour Office
E/CN.4/Sub.2/1995/5 4 Report submitted by the United Nations Educational,
Scientific and Cultural Organization
E/CN.4/Sub.2/1995/6 4 Preliminary report of the Special Rapporteur on traditional
practices affecting the health of women and children, Ms. Halima Embarek
Warzazi
E/CN.4/Sub.2/1995/7 5 (a) Note by the Secretary-General
E/CN.4/Sub.2/1995/8 6 Note by the Secretary-General
E/CN.4/Sub.2/1995/9 Not
issued
E/CN.4/Sub.2/1995/10 8 Preliminary set of basic policy guidelines on structural
adjustment programmes and economic, social and cultural rights. Report of
the Secretary-General prepared in pursuance of resolution 1994/37
E/CN.4/Sub.2/1995/11 8 The relationship between the enjoyment of human rights,
in particular international labour and trade union rights, and the working
methods and activities of transnational corporations. Background document
prepared by the Secretary-General
E/CN.4/Sub.2/1995/12 8 The right to adequate housing. Final report submitted
by Mr. Rajindar Sachar, Special Rapporteur
E/CN.4/Sub.2/1995/13 8 Guidelines on international events and forced evictions.
Report of the Secretary-General
E/CN.4/Sub.2/1995/14 8 Preliminary report on the relationship between the
enjoyment of human rights, in particular economic, social and cultural rights,
and income distribution, prepared by Mr. José Bengoa, in conformity
with resolution 1994/40 of the Sub-Commission and decision 1995/105
of the Commission on Human Rights
E/CN.4/Sub.2/1995/15 8 Second interim report on human rights and extreme
poverty, prepared by the Special Rapporteur, Mr. Leandro Despouy
E/CN.4/Sub.2/1995/16 10 Report of the sessional working
and Corr.1 group on the administration of justice and the question of compensation
E/CN.4/Sub.2/1995/17 10 Report of the Secretary-General
and Add.1 and 2 prepared pursuant to Sub-Commission resolution 1994/33
E/CN.4/Sub.2/1995/18 10 Progress report on the question of the impunity
of perpetrators of violations of human rights (civil and political rights),
prepared by Mr. Joinet, Special Rapporteur, pursuant to Sub-Commission resolution 1994/34
E/CN.4/Sub.2/1995/19 10 Interim report on opposition to the impunity of
perpetrators of human rights violations (economic, social and cultural rights),
prepared by Mr. El Hadji Guissé, Special Rapporteur, pursuant to
Sub-Commission resolution 1994/34
E/CN.4/Sub.2/1995/20 10 (a) Eighth annual report and list of
and Corr.1 States which, since 1 January 1985, have proclaimed, extended
or terminated a state of emergency, presented by Mr. Leandro Despouy, Special
Rapporteur appointed pursuant to Economic and Social Council resolution
1985/37
E/CN.4/Sub.2/1995/21 10 (c) Note by the Secretary-General
E/CN.4/Sub.2/1995/22 11 The integration of the human rights of women and
the girl child into the activities of the United Nations system. Report
of the Secretary-General prepared in accordance with Sub-Commission resolution
1994/43
E/CN.4/Sub.2/1995/23 * Note by the Secretary-General
E/CN.4/Sub.2/1995/24 14 Report of the Working Group on Indigenous Populations
on its thirteenth session
E/CN.4/Sub.2/1995/25 14 Report of the Secretary-General
E/CN.4/Sub.2/1995/26 14 Protection of the heritage of indigenous people.
Final report of the Special Rapporteur, Ms. Erica-Irene Daes,
in conformity with Sub-Commission resolution 1993/44 and decision 1994/105
of the Commission on Human Rights
_________
* Submitted under item 12 of the provisional agenda, consideration of which
was postponed until the forty-eighth session (see decision 1995/101).
E/CN.4/Sub.2/1995/27 14 Study on treaties, agreements and other constructive
arrangements between States and indigenous populations. Second progress
report submitted by the Special Rapporteur, Mr. Miguel Alfonso Martínez
E/CN.4/Sub.2/1995/28 15 Report of the Working Group on
and Add.1 Contemporary Forms of Slavery on its twentieth session
E/CN.4/Sub.2/1995/29 15 Report of the Secretary-General on and Add.1 the
implementation of the Programme of Action for the Prevention of the Sale
of Children, Child Prostitution and Child Pornography, submitted pursuant
to Sub-Commission resolution 1994/5
E/CN.4/Sub.2/1995/30 16 (a) Situation of children deprived of
and Add.1 their liberty. Note by the Secretary-General prepared pursuant
to Sub-Commission resolution 1994/9
E/CN.4/Sub.2/1995/31 16 (b) Human rights and disability. Note
by the Secretary-General prepared pursuant to Sub-Commission resolution
1994/10
E/CN.4/Sub.2/1995/32 Not issued
E/CN.4/Sub.2/1995/33 17 Possible ways and means of
and Add.1 and 2 facilitating the peaceful and constructive solution of problems
involving minorities. Report of the Secretary-General prepared pursuant
to Sub-Commission resolution 1994/4
E/CN.4/Sub.2/1995/34 17 Enclaved groups. Working paper prepared by Mr. Asbjørn
Eide pursuant to Sub-Commission decision 1994/113
E/CN.4/Sub.2/1995/35 18 Note by the Secretary-General
E/CN.4/Sub.2/1995/36 10 Letter dated 3 May 1995 from the Permanent Observer
for Palestine to the United Nations Office at Geneva addressed to the Assistant
Secretary-General for Human Rights
E/CN.4/Sub.2/1995/37 5 (b) Note by the Secretary-General
E/CN.4/Sub.2/1995/38 15 Working paper on the situation of systematic rape,
sexual slavery and slavery-like practices during wartime, including internal
armed conflict, submitted by Ms. Linda Chavez in accordance with
Sub-Commission decision 1994/109
E/CN.4/Sub.4/1995/39 15 Note by the Secretariat
E/CN.4/Sub.2/1995/40 12 and Note verbale dated 9 June 1995 from
17 the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations
Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities
E/CN.4/Sub.2/1995/41 6 Letter dated 15 June 1995 from the Ambassador, Chargé
d'affaires a.i., of the Federal Republic of Yugoslavia to the United Nations
Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities
E/CN.4/Sub.2/1995/42 16 (a) Letter dated 3 July from the Permanent Mission
of the Federal Republic of Yugoslavia to the United Nations Office
at Geneva addressed to the Chairman of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities
E/CN.4/Sub.2/1995/43 6 Letter dated 8 August 1995 from the Permanent Mission
of the Federal Republic of Yugoslavia to the United Nations Office
at Geneva addressed to the Chairman of the forty-seventh session of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities
E/CN.4/Sub.2/1995/44 17 Note verbale dated 10 August 1995 from the Permanent
Mission of the Russian Federation to the United Nations Office at Geneva
addressed to the Chairman of the forty-seventh session of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities
E/CN.4/Sub.2/1995/45 6 Letter dated 10 August 1995 from the Permanent Mission
of the Federal Republic of Yugoslavia to the United Nations Office
at Geneva addressed to the Chairman of the forty-seventh session of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities
E/CN.4/Sub.2/1995/46 12 and Note verbale dated 8 August 1995 and Corr.1
17 from the Permanent Mission of the Republic of Albania to the United Nations
Office at Geneva addressed to the Chairman of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities
E/CN.4/Sub.2/1995/47 13 Written statement submitted by the observer delegation
of New Zealand on 14 August 1995
E/CN.4/Sub.2/1995/48 6 Letter dated 14 August 1995 from the Chargé
d'affaires, a.i. of the Permanent Mission of the Republic of Croatia to
the United Nations Office at Geneva addressed to the Chairman of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities
E/CN.4/Sub.2/1995/49 4 Working paper on democracy and the establishment
of a democratic society, submitted by Mr. Osman El-Hajjé
E/CN.4/Sub.2/1995/50 6 Letter dated 16 August 1995 from the Ambassador of
the Federal Republic of Yugoslavia to the United Nations Office at Geneva
addressed to the Chairman of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities
Documents issued in the limited series
Symbol Agenda
item
E/CN.4/Sub.2/1995/L.1 22 Note by the Secretary-General. Draft provisional
agenda for the forty-eighth session of the Sub-Commission
E/CN.4/Sub.2/1995/L.2 6 Mr. Bossuyt, Ms. Chavez, Ms. Koufa, Mr. Eide
and Mr. Joinet: draft resolution
E/CN.4/Sub.2/1995/L.3 5 (b) Mr. Bengoa, Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Chernichenko, Mr. Eide, Ms. Ferriol Echevarría,
Ms. Gwanmesia, Mr. Hatano, Ms. Koufa, Mr. Lindgren Alves, Ms. Palley,
Ms. Warzazi, Mr. Yimer and Mr. Zhong Shukong: draft resolution
E/CN.4/Sub.2/1995/L.4 6 Mr. Bossuyt, Mr. Boutkevitch, Ms. Chavez, Mr.
Chernichenko, Mr. Eide and Ms. Gwanmesia: draft resolution
E/CN.4/Sub.2/1995/L.5 6 Mr. Bengoa, Mr. Bossuyt, Mr. Boutkevitch, Ms.
Chavez, Mr. Chernichenko, Mr. Eide, Ms. Gwanmesia and Mr. Joinet:
draft resolution
E/CN.4/Sub.2/1995/L.5/Rev.1 6 Mr. Bengoa, Mr. Bossuyt, Mr. Boutkevitch,
Ms. Chavez, Mr. Chernichenko, Mr. Eide, Ms. Gwanmesia and Mr.
Joinet: revised draft resolution
E/CN.4/Sub.2/1995/L.6 6 Mr. El-Hajjé, Mr. Guissé and Mr. Ramadhane:
draft resolution
E/CN.4/Sub.2/1995/L.7 6 Mr. Bossuyt, Mr. El-Hajjé, Mr. Guissé
and Mr. Ramadhane: draft resolution
E/CN.4/Sub.2/1995/L.8 6 Mr. Bossuyt, Ms. Chavez and Ms. Palley: draft
resolution
E/CN.4/Sub.2/1995/L.8/Rev.1 6 Ms. Chavez, Mr. Genot and Ms. Palley:
draft resolution
E/CN.4/Sub.2/1995/L.9 6 Mr. Ali Khan, Ms. Chavez, Mr. Joinet and Ms.
Koufa: draft resolution
E/CN.4/Sub.2/1995/L.10 23 Draft report of the Sub-Commission and Add.1-19
on Prevention of Discrimination and Protection of Minorities on its forty-seventh
session
E/CN.4/Sub.2/1995/L.11 23 Draft report of the Sub-Commission and Add.1-7
on Prevention of Discrimination and Protection of Minorities on its forty-seventh
session
E/CN.4/Sub.2/1995/L.12 6 Mr. Bengoa, Ms. Chavez and Mr. Eide: draft resolution
E/CN.4/Sub.2/1995/L.13 6 Mr. Joinet and Ms. Warzazi: draft resolution
E/CN.4/Sub.2/1995/L.14 6 Mr. Bengoa, Mr. Eide, Mr. El-Hajjé, Ms.
Forero Ucros, Mr. Guissé, Ms. Gwanmesia, Mr. Hakim, Mr. Joinet,
Mr. Khalifa, Ms. Koufa, Mr. Ramadhane, Ms. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1995/L.15 6 Mr. Bengoa, Mr. Bossuyt, Mr. Eide, Mr. El-Hajjé,
Ms. Forero Ucros, Mr. Guissé, Ms. Gwanmesia, Mr. Hakim,
Mr. Joinet, Mr. Khalifa, Ms. Koufa, Mr. Ramadhane, Ms. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/Sub.2/1995/L.16 6 Ms. Chavez and Ms. Palley: draft resolution
E/CN.4/Sub.2/1995/L.16/ 6 Ms. Chavez and Ms. Palley:
Rev.1 draft resolution
E/CN.4/Sub.2/1995/L.17 6 Mr. Bengoa, Ms. Chavez, Mr. Eide, Mr. Guissé
and Mr. Joinet: draft resolution
E/CN.4/Sub.2/1995/L.18 18 Mr. Eide, Mr. El-Hajjé, Ms. Palley, Ms.
Warzazi and Mr. Yimer: draft resolution
E/CN.4/Sub.2/1995/L.19 6 Mr. Joinet: draft resolution
E/CN.4/Sub.2/1995/L.20 15 Mr. Ali Khan, Ms. Attah, Mr. Bengoa, Mr. Bossuyt,
Mr. Boutkevitch, Mr. Chernichenko, Mr. Eide, Ms. Ferriol Echeverría,
Mr. El-Hajjé, Ms. Forero Ucros, Mr. Guissé, Ms.
Gwanmesia, Mr. Hakim, Mr. Hatano, Mr. Khalifa, Ms. Koufa, Mr. Lindgren
Alves, Ms. Palley, Mr. Ramadhane, Ms. Warzazi and Mr. Yimer: draft
resolution
E/CN.4/Sub.2/1995/L.21 4 Mr. Alfonso Martínez, Mr. Ali Khan, Mr.
Bengoa, Mr. Boutkevich, Ms. Chavez, Mr. Chernichenko, Mr. Eide,
Mr. El-Hajjé, Mr. Fan Guoxiang, Ms. Forero Ucros, Mr. Guissé,
Ms. Gwanmesia, Mr. Hakim, Mr. Hatano, Mr. Joinet, Mr. Khalifa, Ms.
Koufa, Mr. Lindgren Alves, Ms. Mbonu, Ms. Palley and Mr.
Yimer: draft resolution
E/CN.4/Sub.2/1995/L.22 13 Mr. Bengoa, Ms. Koufa and Mr. Hatano: draft
resolution
E/CN.4/Sub.2/1995/L.23 16 (b) Mr. Alfonso Martínez, Mr. Ali Khan,
Mr. Chernichenko, Mr. Eide, Mr. El-Hajjé, Mr. Fan Guoxiang,
Mr. Genot, Mr. Guissé, Ms. Gwanmesia, Mr. Hakim, Mr. Hatano,
Mr. Khalifa, Ms. Koufa, Mr. Lindgren Alves, Ms. Mbonu: draft resolution
E/CN.4/Sub.2/1995/L.24 6 Mr. Ali Khan, Ms. Chavez, Mr. Eide, Mr. El-Hajjé,
Ms. Forero Ucros, Mr. Genot, Mr. Guissé, Ms. Gwanmesia,
Mr. Hakim, Mr. Hatano, Mr. Joinet, Mr. Khalifa, Ms. Mbonu, Ms. Palley,
Ms. Warzazi and Mr. Yimer: draft resolution
E/CN.4/Sub.2/1995/L.25 15 Ms. Chavez, Ms. Ferriol Echevarría, Mr.
Hakim, Ms. Koufa, Mr. Maxim, Ms. Palley, Ms. Warzazi and Mr. Yimer:
draft resolution
E/CN.4/Sub.2/1995/L.26 15 Mr. Chernichenko, Mr. Eide,
Mr. El-Hajjé, Mr. Fan Guoxiang, Ms. Forero Ucros, Mr. Gavrilescu,
Ms. Gwanmesia, Mr. Hakim, Mr. Joinet, Ms. Koufa and Ms. Warzazi:
draft resolution
E/CN.4/Sub.2/1995/L.27 15 Mr. Boutkevitch, Mr. Chernichenko, Mr. Eide, Mr.
El-Hajjé, Mr. Fan Guoxiang, Mr. Gavrilescu, Ms. Gwanmesia,
Ms. Koufa, Mr. Khalifa, Ms. Palley, Ms. Warzazi and Mr. Yimer: draft
decision
E/CN.4/Sub.2/1995/L.28 20 Mr. El-Hajjé, Ms. Palley, Ms. Warzazi
and Mr. Yimer: draft decision
E/CN.4/Sub.2/1995/L.29 13 Ms. Palley: amendment to the draft resolution
contained in document E/CN.4/Sub.2/1995/L.22
E/CN.4/Sub.2/1995/L.30 4 Mr. Eide, Mr. El-Hajjé, Ms. Gwanmesia
and Ms. Warzazi: draft resolution
E/CN.4/Sub.2/1995/L.31 4 Mr. Ali Khan, Mr. Boutkevitch, Ms. Chavez,
Mr. Eide, Mr. El-Hajjé, Ms. Forero Ucros, Ms. Gwanmesia, Mr. Hatano,
Mr. Hakim, Mr. Khalifa, Ms. Koufa, Ms. Mbonu, Ms. Warzazi and Mr. Yimer:
draft resolution
E/CN.4/Sub.2/1995/L.32 Not issued
E/CN.4/Sub.2/1995/L.33 4 Mr. Alfonso Martínez: draft resolution
E/CN.4/Sub.2/1995/L.34 4 Mr. Bengoa, Mr. Genot, Mr. Eide, Ms. Forero
Ucros, Mr. Guissé, Mr. Joinet, Mr. Khalifa, Ms. Koufa, Ms. Palley
and Ms. Warzazi: draft resolution
E/CN.4/Sub.2/1995/L.35 4 Mr. Eide, Mr. Guissé, Mr. Khalifa, Mr. Maxim,
Ms. Palley, Ms. Warzazi and Mr. Yimer: draft resolution
E/CN.4/Sub.2/1995/L.36 4 Mr. Ali Khan, Mr. Bengoa, Mr. Boutkevitch,
Ms. Chavez, Mr. Chernichenko, Mr. Eide, Ms. Forero Ucros, Ms.
Gwanmesia, Mr. Hatano and Ms. Koufa: draft resolution
E/CN.4/Sub.2/1995/L.37 3 Ms. Chavez, Mr. Lindgren Alves, Ms. Warzazi
and Mr. Yimer: draft decision
E/CN.4/Sub.2/1995/L.38 3 Ms. Chavez, Mr. Lindgren Alves and Ms. Warzazi:
draft decision
E/CN.4/Sub.2/1995/L.39 19 Mr. Alfonso Martínez, Mr. Ali Khan, Mr.
Boutkevitch, Mr. Eide, Mr. Guissé, Ms. Gwanmesia, Mr. Khalifa,
Ms. Koufa, Ms. Mbonu, Ms. Palley, Mr. Ramadhane, Ms. Warzazi and Mr.
Yimer: draft resolution
E/CN.4/Sub/2/1995/L.40 3 Mr. Ali Khan, Mr. Bengoa, Ms. Chavez, Mr.
El-Hajjé, Mr. Fan Guoxiang, Mr. Guissé, Mr. Hatano,
Mr. Khalifa, Mr. Lindgren Alves, Ms. Mbonu, Ms. Warzazi and Mr.
Yimer: draft decision
E/CN.4/Sub.2/1995/L.41 11 Mr. Alfonso Martínez, Mr. Ali Khan, Mr.
Bengoa, Mr. Boutkevitch, Ms. Chavez, Mr. Chernichenko, Mr. Decaux,
Mr. Eide, Mr. El-Hajjé, Ms. Forero Ucros, Mr. Genot, Mr. Guissé,
Ms. Gwanmesia, Mr. Hakim, Mr. Hatano, Mr. Khalifa, Mr. Lindgren Alves,
Ms. Mbonu, Ms. Palley, Mr. Ramadhane, Ms. Warzazi, Mr. Yimer and
Mr. Zhong Shukong: draft resolution
E/CN.4/Sub.2/1995/L.42 6 Mr. Chernichenko: amendment to the draft resolution
contained in document E/CN.4/Sub.2/1995/L.7
E/CN.4/Sub.2/1995/L.43 8 Mr. Alfonso Martínez, Mr. Ali Khan, Mr.
Chernichenko, Mr. Hakim, Mr. Hatano, Ms. Mbonu and Mr. Ramadhane:
draft resolution
E/CN.4/Sub.2/1995/L.44 8 Mr. Alfonso Martínez, Mr. Bengoa, Mr. Eide,
Mr. El-Hajjé, Ms. Forero Ucros, Mr. Guissé, Mr. Joinet
and Ms. Warzazi: draft resolution
E/CN.4/Sub.2/1995/L.45 8 Mr. Ali Khan, Mr. Eide, Ms. Gwanmesia, Mr.
Hakim, Mr. Hatano, Ms. Warzazi and Mr. Yimer: draft resolution
E/CN.4/Sub.2/1995/L.46 10 (a) Mr. Bengoa, Mr. Bossuyt, Ms. Daes, Mr. Eide,
Mr. El-Hajjé, Mr. Fan Guoxiang, Ms. Forero Ucros, Mr. Guissé,
Mr. Hakim, Mr. Joinet, Mr. Khalil, Ms. Palley, Mr. Ramadhane, Ms. Warzazi
and Mr. Yimer: draft resolution
E/CN.4/Sub.2/1995/L.47 10 Mr. Bossuyt, Ms. Chavez, Mr. Eide, Mr. Guissé,
Ms. Gwanmesia and Mr. Joinet: draft resolution
E/CN.4/Sub.2/1995/L.48 14 Mr. Bengoa, Mr. Boutkevitch, Mr. Chernichenko,
Mr. Eide, Mr. El-Hajjé, Mr. Hatano and Ms. Mbonu: draft
resolution
E/CN.4/Sub.2/1995/L.49 14 Mr. Bengoa, Mr. Boutkevitch, Mr. Chernichenko,
Mr. Eide, Mr. El-Hajjé, Mr. Hatano and Ms. Mbonu: draft
resolution
E/CN.4/Sub.2/1995/L.50 14 Mr. Bengoa, Mr. Boutkevitch, Mr. Chernichenko,
Mr. Eide, Mr. El-Hajjé, Mr. Hatano and Ms. Mbonu: draft
resolution
E/CN.4/Sub.2/1995/L.51 14 Mr. Bengoa, Mr. Boutkevitch, Mr. Chernichenko,
Mr. El-Hajjé, Mr. Hatano and Ms. Mbonu: draft resolution
E/CN.4/Sub.2/1995/L.52 8 Mr. Eide, Mr. El-Hajjé, Mr. Guissé,
Mr. Joinet, Mr. Ramadhane, Ms. Warzazi and Mr. Yimer: draft resolution
E/CN.4/Sub.2/1995/L.53 8 Mr. Bengoa, Mr. Joinet, Mr. Khalil, Ms. Mbonu,
Mr. Ramadhane and Ms. Warzazi: draft resolution
E/CN.4/Sub.2/1995/L.54 8 Mr. Ali Khan, Mr. Bengoa, Mr. Joinet, Mr.
Khalil, Mr. Ramadhane and Ms. Warzazi: draft resolution
E/CN.4/Sub.2/1995/L.55 14 Mr. Bengoa, Mr. Boutkevitch, Ms. Daes, Mr.
El-Hajjé, Mr. Hatano and Ms. Mbonu: draft decision
E/CN.4/Sub.2/1995/L.56 10 Mr. Alfonso Martínez, Mr. Bengoa, Ms. Chavez,
Mr. El-Hajjé, Mr. Guissé, Ms. Gwanmesia, Mr. Hakim,
Mr. Joinet, Mr. Khalil, Ms. Palley, Mr. Ramadhane, Ms. Warzazi and
Mr. Yimer: draft resolution
E/CN.4/Sub.2/1995/L.57 10 Ms. Chavez, Mr. Chernichenko, Mr. Eide, Mr.
El-Hajjé, Mr. Guissé, Mr. Hatano, Ms. Koufa and Ms. Mbonu:
draft resolution
E/CN.4/Sub.2/1995/L.58 18 (b) Mr. Alfonso Martínez, Mr. Ali Khan,
Ms. Chavez, Mr. Khalil, Ms. Warzazi and Mr. Yimer: draft decision
E/CN.4/Sub.2/1995/L.59 3 Mr. Joinet: draft decision
E/CN.4/Sub.2/1995/L.60 14 Mr. Alfonso Martínez, Mr. Ali Khan, Mr.
Bengoa, Mr. Hatano, Mr. Khalil, Ms. Mbonu, Mr. Ramadhane, Ms. Warzazi
and Mr. Yimer: draft decision
Documents issued in the non-governmental organization series
Symbol Agenda
item
E/CN.4/Sub.2/1995/NGO/1 7 (a) Written statement submitted by the American
Association of Jurists, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/2 8 Written statement submitted by the American Association
of Jurists, a non-governmental organization in consultative status (category
II)
E/CN.4/Sub.2/1995/NGO/3 6 Written statement submitted by the International
Federation Terre des Hommes, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/4 10 Written statement submitted by the International
Federation of ACAT (Action of Christians for the Abolition of Torture),
a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/5 4 Written statement submitted by the International
Humanist and Ethical Union, a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/6 5 (a) Written statement submitted by the
and 17 International Human Rights Association of American Minorities, a
non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/7 10 Written statement submitted by the International
Commission of Jurists, a non-governmental organization in consultative status
(category II)
E/CN.4/Sub.2/1995/NGO/8 10 Written communication submitted by the International
Commission of Jurists, a non-governmental organization in consultative status
(category II)
E/CN.4/Sub.2/1995/NGO/9 8 Written statement submitted by the Baha'i International
Community, a non-governmental organization in consultative status (category
II)
E/CN.4/Sub.2/1995/NGO/10 16 and Written statement submitted by the
18 American Association of Jurists, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/11 6 Written statement submitted by Human Rights Watch,
a non-governmental organization in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/12 15 Written statement submitted by Human Rights
Watch, a non-governmental organization in consultative status (category
II)
E/CN.4/Sub.2/1995/NGO/13 17 Written statement submitted by Human Rights
Watch, a non-governmental organization in consultative status (category
II)
E/CN.4/Sub.2/1995/NGO/14 14 and Written statement submitted by the
17 International Human Rights Association of American Minorities, a non-governmental
organization on the Roster
E/CN.4/Sub.2/1995/NGO/15 5 (a), Written statement submitted by the
15 and International Human Rights
17 Association of American Minorities, a non-governmental organization on
the Roster
E/CN.4/Sub.2/1995/NGO/16 18 Written statement submitted by the Society for
Threatened Peoples, a non-governmental organization in consultative status
(category II)
E/CN.4/Sub.2/1995/NGO/17 6 Written statement submitted by International
Educational Development, Inc., a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/18 6 Written statement submitted by the Transnational
Radical Party, a non-governmental organization in consultative status (category
I)
E/CN.4/Sub.2/1995/NGO/19 8 Written statement submitted by Service Peace
and Justice in Latin America, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/20 6 Written statement submitted by Pax Romana, a
non-governmental organization in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/21 6 Written statement submitted by the World Federation
of Democratic Youth, a non-governmental organization in consultative status
(category I)
E/CN.4/Sub.2/1995/NGO/22 6 Written statement submitted by the International
Association of Educators for World Peace, a non-governmental organization
on the Roster
E/CN.4/Sub.2/1995/NGO/23 8 Written statement submitted by Habitat International
Coalition, a non-governmental organization in consultative status (category
II)
E/CN.4/Sub.2/1995/NGO/24 10 Written statement submitted by Pax Romana, a
non-governmental organization in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/25 4 Written statement submitted by Sierra Club Legal
Defense Fund, Inc., a non-governmental organization in consultative status
(category II)
E/CN.4/Sub.2/1995/NGO/26 8 Joint written statement submitted by the International
Alliance of Women, the International Council of Women, the International
Movement ATD Fourth World, the International Social Security Association,
non-governmental organizations in consultative status (category I); the
Baha'i International Community, Caritas Internationalis, the International
Abolitionist Federation, the International Association of Democratic Lawyers,
the International Association of Educators for World Peace, the International
Council of Jewish Women, the International Federation of Rural Adult Catholic
Movements, the International Federation of Social Workers, the International
Federation Terre des Hommes, the International Fellowship of Reconciliation,
the International Institute of Humanitarian Law, the International Movement
for Fraternal Union among Races and Peoples, the World Federation for Mental
Health, the World Federation of Methodist Women, the World Movement of Mothers,
the World Union of Catholic Women's Organizations, the World Young Women's
Christian Association, non-governmental organizations in consultative status
(category II); the Centre Europe-Tiers Monde, the International Movement
against All Forms of Discrimination and Racism, the Movement against Racism
and for Friendship among Peoples, the World Christian Life Community, non-governmental
organizations on the Roster
E/CN.4/Sub.2/1995/NGO/27 6 Written statement submitted by the International
Committee for European Security and Cooperation, a non-governmental organization
in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/28 17 Written statement submitted by Pax Romana,
a non-governmental organization in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/29 10 Written statement submitted by Service Peace
and Justice in Latin America, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/30 8 and Written statement submitted by the
16 (a) International League for the Rights and Liberation of Peoples, a
non-governmental organization in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/31 8 and Written statement submitted by the
16 (a) International League for the Rights and Liberation of Peoples, a
non-governmental organization in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/32 6 Joint written statement submitted by International
Youth and Student Movement for the United Nations and World Federation of
Democratic Youth, non-governmental organizations in consultative status
(category I); African Association of Education for Development, American
Association of Jurists, Indigenous World Association, International Association
Against Torture, International Association of Democratic Lawyers, International
Federation of Human Rights, International Indian Treaty Council, International
Islamic Federation of Student Organizations, International League for Human
Rights, Pax Romana and World Society of Victimology, non-governmental organizations
in consultative status (category II); and Centre Europe-Tiers Monde, International
Association of Educators for World Peace, International Educational Development,
Inc., International Federation of Free Journalists, International Movement
against All Forms of Discrimination and Racism, Liberation, Movement against
Racism and for Friendship among Peoples, Regional Council on Human Rights
in Asia, non-governmental organizations on the Roster
E/CN.4/Sub.2/1995/NGO/33 15 Written statement submitted by Human Rights
Advocates, a non-governmental organization in consultative status (category
II)
E/CN.4/Sub.2/1995/NGO/34 18 Written statement submitted by International
Educational Development, Inc., a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/35 6 Written statement submitted by the Society for
Threatened Peoples, a non-governmental organization in consultative status
(category II)
E/CN.4/Sub.2/1995/NGO/36 10 Written statement submitted by the International
Human Rights Law Group, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/37 10 Written statement submitted by Centre Europe-Tiers
Monde, a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/38 10 Written statement submitted by the Consultative
Council of Jewish Organizations, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/39 6 Joint written statement submitted by the International
Alliance of Women and the World Confederation of Labour, non-governmental
organizations in consultative status (category I); the American Association
of Jurists, the International Association of Democratic Lawyers, the International
Association for the Defence of Religious Liberty, the International Indian
Treaty Council and the International League for the Rights and Liberation
of Peoples, non-governmental organizations in consultative status (category
II); Centre Europe-Tiers Monde, International Educational Development, Inc.,
the International Falcon Movement, the International
Movement against All Forms of Discrimination and Racism, the Movement against
Racism and for Friendship among Peoples, non-governmental organizations
on the Roster
E/CN.4/Sub.2/1995/NGO/40 17 and Written statement submitted by the
20 Consultative Council of Jewish Organizations, a non-governmental organization
in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/41 20 Written statement submitted by the World Federation
of Democratic Youth, a non-governmental organization in consultative status
(category I)
E/CN.4/Sub.2/1995/NGO/42 10 Written statement submitted by International
Educational Development, Inc., a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/43 10 (a) Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/44 11 Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/45 8 Joint written statement submitted by Habitat
International Coalition, a non-governmental organization in consultative
status (category II) and Foodfirst Information and Action Network - FIAN,
a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/46 8 Joint written statement submitted by Habitat
International Coalition, a non-governmental organization in consultative
status (category II) and Foodfirst Information and Action Network - FIAN,
a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/47 12 Written statement submitted by International
Educational Development, Inc., a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/48 6 Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/49 6 Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/50 6 Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/51 6 Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/52 6 Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/53 6 Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/54 10 (a) Written statement submitted by the International
Federation of Human Rights, a non-governmental organization in consultative
status (category II)
E/CN.4/Sub.2/1995/NGO/55 19 Written statement submitted by International
Educational Development, Inc., a non-governmental organization on the Roster
E/CN.4/Sub.2/1995/NGO/56 10 Written statement submitted by Pax Christi International,
a non-governmental organization in consultative status (category II)
E/CN.4/Sub.2/1995/NGO/57 10 Written statement submitted by the Society for
Threatened Peoples, a non-governmental organization in consultative status
(category II)
E/CN.4/Sub.2/1995/NGO/58 8 Written statement submitted by FIAN International,
a non-governmental organization on the Roster
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