I. DRAFT DECISIONS RECOMMENDED TO THE COMMISSION ON
HUMAN RIGHTS FOR ADOPTION
1. Prevention of discrimination and protection of minorities
The Commission on Human Rights, taking note of resolution 1996/17 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, decides to request the Economic and Social Council to authorize the extension of the mandate of the Working Group on Minorities for a further two years with a view to its holding one session annually until 1999.
[See chap. II, sect. A, resolution 1996/17 and chap. XVIII.]
2. Traditional practices affecting the health of women and children
The Commission on Human Rights, taking note of resolution 1996/19 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, endorses the decision of the Sub-Commission to extend the mandate of the Special Rapporteur, Ms. Halima Embarek Warzazi, for a further two years in order to follow up and monitor developments in the elimination of traditional practices affecting the health of women and children through, in particular, the implementation of the Plan of Action for the Elimination of Traditional Practices affecting the Health of Women and Children (E/CN.4/Sub.2/1994/10/Add.1 and Corr.1).
[See chap. II, sect. A, resolution 1996/19 and chap. V.]
The Commission on Human Rights, taking note of resolution 1996/23 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, decides to request the publication by the United Nations, in all official languages, of the final report on human rights and extreme poverty prepared by the Special Rapporteur of the Sub-Commission, Mr. Leandro Despouy (E/CN.4/Sub.2/1996/13).
[See chap. II, sect. A, resolution 1996/23 and chap. IX.]
The Commission on Human Rights, taking note of resolution 1996/26 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, approves the Sub-Commission's request that the Secretary-General organize a seminar of experts to develop appropriate indicators, as provided for in the Programme of Action of the World Summit for Social Development (A/CONF.166/9, para. 36 (n)), and to monitor the implementation of the commitments made by Governments, as set out in paragraph 36 (a) to (m) of the Programme of Action.
[See chap. II, sect. A, resolution 1996/26 and chap. IX.]
The Commission on Human Rights, recalling its decision 1995/110 of 3 March 1995 and taking note of resolution 1996/29 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, endorses the requests by the Sub-Commission that Mr. Stanislav Chernichenko and Mr. David Weissbrodt compile and update the study on the right to a fair trial and a remedy initially prepared by Mr. Chernichenko and Mr. William Treat, and that the full study, entitled "The right to a fair trial: current recognition and measures necessary for its strengthening", be published in all the official languages of the United Nations, and recommends the following draft decision to the Economic and Social Council for adoption:
"The Economic and Social Council, recalling its decision 1995/299 of 25 July 1995 and taking note of Commission on Human Rights decision 1997/... of .. April 1997, approves the request that the compiled and updated report on the right to a fair trial and a remedy be published as described in resolution 1996/29 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and requests the Secretary-General to provide all assistance necessary for the compilation and publication of the updated study."
[See chap. II, sect. A, resolution 1996/29 and chap. XI.]
The Commission on Human Rights, taking note of resolution 1996/30 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, requests the Special Rapporteur on the question of human rights and states of emergency, Mr. Leandro Despouy, to submit in his tenth annual report an updated list of States which have proclaimed, extended or terminated a state of emergency, together with final conclusions on the protection of human rights during states of emergency and specific recommendations as to how this question should be dealt with in the future.
[See chap. II, sect. A, resolution 1996/30 and chap. XI.]
The Commission on Human Rights, taking note of resolution 1996/31 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, endorses the request of the Sub-Commission to recommend that the Economic and Social Council authorize the Working Group on Indigenous Populations to meet for five working days prior to the forty-ninth session of the Sub-Commission.
[See chap. II, sect. A, resolution 1996/31 and chap. XV.]
The Commission on Human Rights, taking note of resolution 1996/34 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, endorses the request of the Sub-Commission that the Centre for Human Rights organize:
(a) A workshop of indigenous journalists, with the participation of appropriate departments of the United Nations and other relevant institutions and persons, in order to improve dissemination of information about the United Nations and its activities relating to indigenous peoples; and
(b) Further technical meetings on questions relating to indigenous land rights and claims in accordance with the recommendation made at the expert seminar on practical experiences regarding land rights and claims held in Whitehorse, Canada, from 24 to 28 March 1996, focusing in particular on issues such as the negotiation process and co-management regimes.
[See chap. II, sect. A, resolution 1996/34 and chap. XV.]
9. Permanent forum in the United Nations for indigenous people
The Commission on Human Rights, taking note of resolution 1996/35 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, endorses the recommendation of the Sub-Commission that the Centre for Human Rights organize a second workshop on a possible permanent forum for indigenous people.
[See chap. II, sect. A, resolution 1996/35 and chap. XV.]
The Commission on Human Rights, taking note of resolution 1996/37 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and considering the recommendations contained in the supplementary report submitted by the Special Rapporteur, Ms. Erica-Irene Daes, on protection of the heritage of indigenous people (E/CN.4/Sub.2/1996/22), recommends that Ms. Erica-Irene Daes be entrusted with a continuing mandate to exchange information with all parts of the United Nations system involved in activities concerned with the heritage of indigenous people, with the purpose of facilitating cooperation and coordination and of promoting the full participation of indigenous people in these efforts. The Commission requests the Secretary-General to convene, at the earliest possible opportunity, a technical meeting of representatives of the World Intellectual Property Organization, the United Nations Educational, Scientific and Cultural Organization, the United Nations Environment Programme, the United Nations Development Programme, the Food and Agriculture Organization of the United Nations and the World Trade Organization with the Special Rapporteur to consider how they can contribute to her work in this field, and to transmit the report of this meeting to the Sub-Commission on Prevention of Discrimination and Protection of Minorities and the Commission on Human Rights. The Commission also requests the Secretary-General to provide the Special Rapporteur of the Sub-Commission with all the assistance necessary to accomplish her work.
[See chap. II, sect. A, resolution 1996/37 and chap. XV.]
The Commission on Human Rights, taking note of resolution 1996/38 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, approves the appointment of Ms. Erica-Irene Daes as Special Rapporteur to conduct a comprehensive study on indigenous land rights, and requests the Special Rapporteur to submit a preliminary report to the fifteenth session of the Working Group on Indigenous Populations and the forty-ninth session of the Sub-Commission. The Commission requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary to enable her to complete her study and recommends the following draft decision to the Economic and Social Council for adoption:
"The Economic and Social Council, taking note of the Commission on Human Rights decision 1997/... of .. April 1997, endorses the appointment of Ms. Erica-Irene Daes as Special Rapporteur to conduct a study on indigenous land rights and requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary to enable her to complete her study."
[See chap. II, sect. A, resolution 1996/38 and chap. XV.]
12. Study on treaties, agreements and other constructive arrangements between States and indigenous populations
The Commission on Human Rights, taking note of decision 1996/118 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, endorses the decision of the Sub-Commission to request the Special Rapporteur of the Sub-Commission on the study on treaties, agreements and other constructive arrangements between States and indigenous populations, Mr. Miguel Alfonso Martínez, to submit his final report in time for it to be considered by the Working Group on Indigenous Populations at its fifteenth session and by the Sub-Commission at its forty-ninth session. The Commission requests the Secretary-General to give the Special Rapporteur all the assistance necessary to enable him to conclude his study, in particular by providing for specialized research assistance and for special consultations with the Centre for Human Rights.
[See chap. II, sect. B, decision 1996/118 and chap. XV.]
II. RESOLUTIONS AND DECISIONS ADOPTED BY THE SUB-COMMISSION AT ITS FORTY-EIGHTH SESSION
1996/1. Situation in the Middle East
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
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,
Recalling also its resolutions 1995/2 of 3 August 1995 and 1994/13 of 25 August 1994 in which it reaffirmed that the achievement of a comprehensive, just and lasting peace in the Middle East was essential for the furtherance of human rights and fundamental freedoms in the area, welcomed the peace process begun at Madrid and supported the subsequent bilateral negotiations, endorsed the achievements of the peace process to date and urged all parties to implement the agreements which had been reached, and emphasized the importance of making progress in Arab-Israeli negotiations,
Having in mind Commission on Human Rights resolution 1996/7 of 11 April 1996, stressing the importance of and need for the achievement of a comprehensive, just and lasting peace in the Middle East, emphasizing that the achievement of such a peace is vital to the full implementation of human rights in the area, welcoming progress thus far, including the establishment of the Palestinian Authority and the elections for the Palestinian Interim Self-Governing Authority, supporting the declaration adopted at the Summit of Peacemakers held at Sharm-El-Sheikh, Egypt, on 13 March 1996, which had as its objectives enhancing the peace process, promoting security and combating terrorism, condemning acts of terrorism, from whatever source, in the Middle East which seek to undermine the peace process, expressing full support for the achievements of the peace process thus far, and encouraging the continuation of negotiations,
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,
Recognizing the significance of 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,
the subsequent Agreement on the Gaza Strip and the Jericho area, signed by the Government of Israel and the Palestine Liberation Organization at Cairo on 4 May 1994, and the Interim Agreement on the West Bank and the Gaza Strip signed by the Government of Israel and the Palestine Liberation Organization in Washington, D.C. on 28 September 1995,
Recognizing also the significance of 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. Supporting warmly the peace process begun at Madrid and the subsequent bilateral negotiations through which it has been continued;
3. Endorses the achievements of the peace process to date, which constitute important initial and continuing 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. Calls upon all parties to the peace process to continue their efforts with undiminished energy, deliberateness and speed;
5. Encourages the permanent status negotiations begun pursuant to the Declaration of Principles on Interim Self-Government Arrangements;
6. Emphasizes the importance of making progress, as a matter of urgency, on the other tracks of the Arab-Israeli negotiations within the peace process;
7. 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 Government of Israel and the Palestine Liberation Organization.
19th meeting
19 August 1996
[Adopted without a vote. See chap. VII.]
1996/2. Situation of human rights in Kosovo
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 International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Prevention and Punishment of the Crime of Genocide and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Recalling its resolutions 1993/9 of 20 August 1993 and 1995/10 of 18 August 1995,
Recalling also Commission on Human Rights resolutions 1993/7 of 23 February 1993 and 1994/76 of 9 March 1994, and General Assembly resolutions 49/204 of 23 December 1994 and 50/190 of 22 December 1995,
Gravely concerned at the various discriminatory measures taken in the legislative, administrative and judicial areas, acts of violence and arbitrary arrests committed by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) and the further deterioration of the human rights situation in Kosovo, including:
(a) Police brutality against ethnic Albanians, killings, arbitrary searches, seizures and arrests, forced evictions, torture and ill-treatment of detainees, discrimination in the administration of justice, arbitrary dismissals of civil servants, notably from the ranks of the police and the judiciary, doctors and other medical staff;
(b) Discrimination against Albanian pupils and teachers, and the closing of Albanian-language secondary schools and the university, as well as other cultural and scientific institutions;
(c) The systematic harassment, persecution, intimidation and imprisonment of members of political parties, human rights organizations and journalists, the elimination in practice of the Albanian language in the public administration and services, and the disruption of the Albanian-language media;
(d) The serious and massive occurrence of discriminatory and repressive practices aimed at Kosovo Albanians as a whole, resulting in widespread involuntary migration, and the absence of clear guarantees for their return home, and noting that these measures and practices constitute a form of silent "ethnic cleansing",
Expressing appreciation at the opening of an office of the United Nations High Commissioner for Human Rights in Belgrade and the establishment of a United States information agency in Prishtina,
Considering that the re-establishment of the international presence in Kosovo to monitor and investigate the situation there is of the greatest importance in preventing the situation in Kosovo from deteriorating into violent conflict, and recalling in this context Security Council resolution 855 (1993) of 9 August 1993,
1. Strongly condemns the large-scale repression, measures and practices of discrimination and the violation of human rights committed against the defenceless ethnic Albanian population by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro), aimed at forcing ethnic Albanians to leave their land;
2. Demands that the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro):
(a) Take all necessary measures to bring to an immediate end all human rights violations against ethnic Albanians in Kosovo and revoke all discriminatory legislation, in particular that which has entered into force since 1989, and to apply all other legislation without discrimination;
(b) Allow the establishment of genuine democratic institutions in Kosovo, including the parliament and the judiciary, and respect the will of its inhabitants as the best means of preventing the escalation of conflict there;
(c) Reopen all the educational, cultural and scientific institutions of the ethnic Albanians;
(d) Release all political prisoners from Kosovo;
(e) Commence an internationally brokered dialogue with the representatives of the ethnic Albanians in Kosovo;
3. Encourages the Secretary-General to pursue his humanitarian efforts in the former Yugoslavia, in liaison with the office of the United Nations High Commissioner for Refugees and other appropriate humanitarian organizations, with a view to taking practical steps towards the safe return of the ethnic Albanian asylum-seekers from Kosovo to their homeland;
4. Requests the Secretary-General to seek ways and means, including through consultations with the United Nations High Commissioner for Human Rights and relevant regional organizations, to establish an adequate international monitoring presence in Kosovo and to report thereon to the General Assembly;
5. Calls upon the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia to continue to monitor closely the human rights situation in Kosovo and to pay special attention to this matter in her reporting;
6. Decides to continue the examination of the situation of human rights in Kosovo at its next session, under the agenda item entitled "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)".
19th meeting
19 August 1996
[Adopted by secret ballot by 15 votes to 4,
with 5 abstentions. See chap. VII.]
1996/3. Situation of human rights in Rwanda
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the principles contained in the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant human rights instruments,
Recalling its resolution 1995/5 of 18 August 1995, and taking note of Commission on Human Rights resolution 1996/76 of 23 April 1996,
Welcoming the cooperation established by the Government of Rwanda with the United Nations High Commissioner for Human Rights and the Special Rapporteur of the Commission appointed to investigate the human rights situation in Rwanda,
Noting with dismay that, more than two years after genocide on an enormous scale, no judgement condemning those guilty has been delivered either by the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994, or by Rwandan or foreign courts,
Concerned that persons responsible for acts of genocide are infiltrating Rwanda with the purpose of eliminating the witnesses of the genocide,
1. Commends Mr. René. Degni-Ségui, Special Rapporteur of the Commission on Human Rights appointed to investigate the human rights situation in Rwanda, for the reports he has submitted on the genocide of the Tutsis and the political assassinations of moderate Hutus which followed the attack committed on 6 April 1994 against the aeroplane transporting the Presidents of Rwanda and Burundi, as well as on the current human rights situation in Rwanda;
2. Requests the Secretary-General to provide the Special Rapporteur with any assistance he may need in the performance of his mandate, as well as any information and documents which may be of use to him;
3. Once again calls upon the Secretary-General to arrange for the necessary inquiries to be carried out to establish responsibility for that attack, which was the starting point of genocide and other massacres that cost the lives of 800,000 to 1 million persons, including 10 soldiers on a peace-keeping mission for the United Nations;
4. Appeals to the international community to provide the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994, and the Government of Rwanda with the necessary means to enable them to prosecute and try those guilty of such genocide and massacres;
5. Calls upon the Government of Rwanda to intensify its efforts to ensure that those persons who remain incarcerated, among whom are very probably innocent persons, are brought to trial;
6. Urges all States in whose territory there are persons allegedly responsible for acts of genocide to arrest those persons so that they can be tried by their own competent courts or extradited at the request of the International Criminal Tribunal or the Rwandan authorities;
7. 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;
8. Encourages the voluntary return of Rwandan refugees to the country and their social reintegration, calling for the safety of all vulnerable groups in all the communes to be ensured;
9. Calls upon all States providing assistance to Rwanda to give particular attention to the needs of those who escaped the genocide, and in particular widows and orphans, so as to enable them to overcome the traumas from which they are suffering;
10. Calls upon the Government of Rwanda to devote particular attention to the situation of the Twa, in conformity with the rights guaranteed by the International Covenants on Human Rights and by the African Charter on Human and Peoples' Rights;
11. Commends the courageous work of the Rwandan human rights organizations which are devoting themselves under difficult conditions to promoting respect for human rights, drawing attention to any shortcomings that might occur;
12. Also commends the work of the human rights observers serving in Rwanda, on the initiative of the United Nations High Commissioner for Human Rights, to investigate the genocide and to promote respect for human rights;
13. Decides to continue its consideration of the human rights situation in Rwanda at its forty-ninth session.
19th meeting
19 August 1996
[Adopted without a vote. See chap. VII.]
1996/4. Situation of human rights in Burundi
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 and other relevant international instruments in the field of human rights and international humanitarian law,
Recalling its resolution 1995/11 of 18 August 1995, and taking note of Commission on Human Rights resolution 1996/1 of 27 March 1996,
Welcoming the visit made to Burundi from 1 to 17 July 1996 by the Special Rapporteur on the situation of human rights in Burundi,
Noting with concern that the Special Rapporteur reported "genocide by attrition" and an "untenable" situation,
Alarmed by the multiple attacks and massacres of innocent civilians committed by the militia and armed bands of extremist groups, followed by acts of repression and vengeance by elements of the Burundian army, in defiance of the principles of international humanitarian law,
Noting that the National Convention of 14 September 1994, which, after the tragic deaths of President Melchior Ndadaye on 21 October 1993 and President Cyprien Ntaryamira on 6 April 1994, had made possible the appointment of President Sylvestre Ntibantunganya on 1 October 1994 and the establishment of a Government representing the main political forces in Burundi, was denounced, leading the Government to step down,
Expressing its profound regret at the failure of the process of democratization of Burundian public life and at the unconstitutional manner in which the return to the presidency of Pierre Buyoya took place on 25 July 1996,
1. Welcomes the authorization by the Security Council of the publication of the report by the International Commission of Inquiry into the assassination of President Melchior Ndadaye on 21 October 1993, and into the massacres that followed;
2. Hopes that the publication of this report will lead to the immediate removal from Burundian public life of those whose direct responsibility in that assassination and those massacres has been demonstrated, irrespective of their ethnic group or their position in Burundian institutions, including the army;
3. Calls upon the international community to provide substantial support to the Burundian judicial system so as to guarantee its independence,
progressively encourage pluralism in the recruitment of magistrates and strengthen the impartiality of the judiciary so that all those responsible for human rights violations may be tried more efficiently;
4. Invites all the actors in the Burundian political scene, both inside and outside the country, to refrain from any actions and statements which could lead to violence and loss of human life;
5. Expresses the hope that the economic sanctions imposed on Burundi will not aggravate the already highly precarious situation of the Burundian population and of the very large number of refugees and displaced persons in Burundi, who depend entirely on supplies from abroad;
6. Calls upon the Burundian authorities to ensure the security of all Burundian citizens wishing to live in peace, irrespective of their ethnic origin, as well as of foreigners present in Burundian territory, including those who are providing humanitarian or other assistance to Burundi;
7. Appeals to the Burundian authorities to spare no effort in banishing the spectre of genocide, creating mutual trust and encouraging peaceful coexistence between ethnic groups by undertaking a comprehensive dialogue such as to enable Burundi to return quickly to the rule of law;
8. Urges the Burundian authorities to take vigorous steps to ensure that the Burundian army scrupulously discharges its mandate of safeguarding the security of all, even when it is faced with armed groups that do not themselves observe the rules of international humanitarian law;
9. Welcomes the recent agreement of the Burundian authorities to an increase in the number of permanent human rights observers;
10. Decides to continue consideration of the situation of human rights in Burundi at its forty-ninth session.
19th meeting
19 August 1996
[Adopted without a vote. See chap. VII.]
1996/5. 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 Security Council resolution 688 (1991) of 5 April 1991,
Recalling also Security Council resolutions 706 (1991) of 15 August 1991 and 712 (1991) of 19 September 1991,
Considering that Security Council resolution 986 (1995) of 14 April 1995, which was adopted unanimously, 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 at 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 at economic policy decisions depriving part of the national territory of supplies of medicines and foodstuffs,
Recalling its resolution 1995/3 of 18 August 1995,
Concerned at the heavy artillery bombardment of Kurdish regions, which has become very widespread and has particularly affected the city of Arbil, and the military attacks in July 1996 on civilians in the Al-Nassiriya governorate (marshlands), which caused many casualties,
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. Max. van der Stoel,
Noting the report of the Special Rapporteur on the situation of human rights in Iraq (E/CN.4/1996/61), in which he noted the continued massive and grave violations by the Government of Iraq,
Deeply concerned at the internal embargo maintained by the Government of Iraq,
Welcoming the acceptance by the Government of Iraq of Security Council resolution 986 (1995) and the memorandum of understanding between the United Nations and Iraq concerning implementation of that resolution,
Hoping that this acceptance by Iraq will help alleviate suffering by allowing an equitable and fair distribution of humanitarian supplies to all the Iraqi people without any discrimination,
Convinced that a United Nations monitoring system is necessary to ensure an equitable distribution of humanitarian supplies to all regions of Iraq,
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.4/1996/61), that human rights monitors should be deployed there;
2. Requests the Government of Iraq to respect all its obligations undertaken in accepting Security Council resolution 986 (1995) of 14 April 1995 and to cooperate fully with the United Nations to guarantee a fair and equitable distribution of humanitarian supplies to all regions of Iraq;
3. Demands that the Government of Iraq immediately withdraw its military forces surrounding the marshlands regions in the south to allow access for the distribution by the United Nation of humanitarian supplies in this region and to allow the refugees from this region to return to their homes and occupations;
4. 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;
5. Also calls upon the Government of Iraq to cease its terrorist acts against opposition leaders and United Nations personnel;
6. 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;
7. 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;
8. Requests the Secretary-General to provide all necessary assistance to the Special Rapporteur to undertake his mission;
9. Also requests the Secretary-General to call upon the Government of Iraq to cooperate with the Special Rapporteur;
10. 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 to establish permanent aid centres;
11. Strongly condemns the violation 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.
19th meeting
19 August 1996
[Adopted by secret ballot by 11 votes to 6,
with 7 abstentions. See chap VII.]
1996/6. 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 common article 1 of the Geneva Conventions of 12 August 1949, all States parties to the Conventions have undertaken to respect and 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 territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,
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 territory and to civilian persons in other occupied Arab territories,
Welcoming once more the ongoing Middle East peace process started at Madrid, in particular the signing in Cairo on 4 May 1994 of the Agreement on the Gaza Strip and the Jericho Area by the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, and regretting the hindrance of the peace process owing to the Israeli attitude,
1. Reaffirms that the Israeli occupation of the 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 in the form of the closure of Palestinian territories since February 1996 and the isolation of occupied areas, after the signing of the Declaration of Principles on Interim Self-Government Arrangements by the Government of 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. Further reaffirms that the installation of Israeli civilians in the Palestinian and other Arab occupied territories is illegal and constitutes a gross violation of article 49 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
4. Affirms that the persistence of Israel in maintaining and expanding its settlements and establishing new ones is contrary to the peace process;
5. 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;
6. 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;
7. Reaffirms Economic and Social Council resolution 1996/40 of 26 July 1996 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;
8. 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;
(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) of 17 December 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;
9. Affirms that the realization of a comprehensive and just peace in the Middle East requires the complete withdrawal of Israel from all occupied Palestinian territory, including Jerusalem, enabling the Palestinian people to exercise their right to self-determination and to establish their independent State, the complete withdrawal of Israel from the occupied Syrian Golan and the complete and unconditional withdrawal of Israel from southern Lebanon and West Bekaa, in conformity with Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and in accordance with the principle of land for peace;
10. Reiterates its call upon the Palestinian Authority:
(a) To comply strictly 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 continue its cooperation with the advisory services offered by the Centre for Human Rights with a view to fostering human rights institutions;
11. Requests the Secretary-General to provide the Sub-Commission, at its forty-ninth session, with an updated list of reports, studies, statistics and other documents relating to the question of Palestine and other occupied Arab territories, with the texts of the most recent relevant United Nations decisions and resolutions and 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 with all other information relevant to the implementation of the present resolution.
20th meeting
20 August 1996
[Adopted by secret ballot by 15 votes to 4,with 5 abstentions. See chap. VII.]
1996/7. Situation of human rights in the Islamic Republic of Iran
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 and the International Covenants on Human Rights,
Recalling its resolution 1995/18 of 24 August 1995, and taking note of Commission on Human Rights resolution 1996/84 of 24 April 1996 and General Assembly resolution 50/188 of 22 December 1995,
Welcoming the cooperation extended by the Government of the Islamic Republic of Iran to the Special Representative of the Commission on the situation of human rights in the Islamic Republic of Iran, the Special Rapporteur on religious intolerance and the Special Rapporteur on freedom of opinion and expression, who were able to conduct visits to the Islamic Republic of Iran at the end of 1995 and the beginning of 1996,
Welcoming the report of the Special Representative of the Commission on the situation of human rights in the Islamic Republic of Iran (E/CN.4/1996/59), the report of the Special Rapporteur on religious intolerance (E/CN.4/1996/95/Add.2) and the report of the Special Rapporteur on freedom of opinion and expression and the recommendations contained therein (E/CN.4/1996/39/Add.2),
Noting the view of the Special Representative that some subjects need to be further investigated, especially in the field of penal procedure and the penal system,
Gravely concerned at reports of:
(a) 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;
(b) An increase in the wave of political executions in the current year, both by public hanging and by stoning to death;
(c) Repression by the security forces of peaceful demonstrations, resulting in the killing or wounding of many civilians;
(d) Continued repression of women, including the practice of gender-based discrimination and the use of unacceptable and unjustifiable means of punishment;
(e) An increase in death sentences and inhuman and degrading punishments resulting from the adoption of the new law on punishment;
(f) An increase in the number of murders of members of the opposition abroad in recent months;
(g) Continued harassment of the families in the Islamic Republic of Iran of Iranian exiles and the pressure exercised by the Government's undercover terrorists against Iranians abroad, aimed at compelling them to cooperate in activities against the opposition in exile;
Noting that judicial inquiries in various countries, including Germany, Italy and Turkey, investigate the role and responsibility of Iranian officials and services in the planning of extrajudicial political killings,
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. Requests the Government of the Islamic Republic of Iran to investigate fully in order to end the alleged violations of human rights in the Islamic Republic of Iran which include:
(a) Excessive use of the death penalty;
(b) Numerous cases of torture and cruel, inhuman or degrading treatment and punishment;
(c) Failure to meet international standards with regard to due process and the administration of justice;
(d) Religious discrimination, notably against Baha'is and Christians;
(e) Discrimination against women;
(f) The use of excessive force and firearms in suppressing public demonstrations, as well as the organization of secret patrols;
(g) Harassment and intimidation of people by street patrols;
(h) Restrictions on freedom of expression and freedom of opinion and undue limitation of freedom of the press;
(i) Extrajudicial murders of political opponents;
2. Expresses deep concern at the continuing allegations of aggression against the Iranian Kurdish refugees and rocket attacks against Iranian opponents' bases on the territory of neighbouring countries;
3. Demands that the Government of the Islamic Republic of Iran cease forthwith any involvement in or toleration of murder and State-sponsored terrorism;
4. Also demands that the Government of the Islamic Republic of Iran put an end to the harassment by the secret services of Iranian refugees abroad and their families in Iran;
5. Expresses the hope that the atmosphere for change noted by the Special Representative during his latest visit to the Islamic Republic of Iran
will result in marked relevant improvements in the situation of human
rights in the country by the time of his next scheduled visit;
6. Urges the Government of the Islamic Republic of Iran to implement fully the conclusions and the recommendations of the Special Rapporteur on religious intolerance relating to the Baha'is and to other minority religious groups, including Christians, until they are completely emancipated;
7. Also urges the Government of the Islamic Republic of Iran to comply with all current international norms in the field of human rights, in particular those contained in the International Covenant on Civil and Political Rights, to which the Islamic Republic of Iran is a party;
8. Encourages the Government of the Islamic Republic of Iran to pursue its cooperation with the special procedures of the Commission on Human Rights and especially with the Special Representative of the Commission on the situation of human rights in the Islamic Republic of Iran;
9. 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 violations of the religious freedoms of the Baha'i and the Christian communities in Iran;
10. Decides to consider further the situation of human rights in the Islamic Republic of Iran at its forty-ninth session.
21st meeting
20 August 1996
[Adopted by secret ballot by 12 votes to 6, with 6 abstentions. See chap. VII.]
1996/8. Racism and racial discrimination
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolution 1994/2 of 12 August 1994, in which it recommended the convening of a world conference to combat racism and racial discrimination,
Welcoming General Assembly resolution 50/136 of 21 December 1995, in which the General Assembly decided that the international community in general and the United Nations in particular should give the highest priority to programmes for combating racism and racial discrimination and requested the Secretary-General to consult Member States and intergovernmental, as well as non-governmental, organizations on the possibility of holding a world conference to combat racism, racial discrimination, xenophobia and other related contemporary forms of intolerance,
Noting with grave concern the persistence of contemporary forms of racism, racial discrimination, xenophobia and related intolerance, including new policies based on racial, religious, ethnic, cultural and national superiority or exclusivity,
Alarmed at the increasingly violent forms of racism and racial discrimination in different parts of the world which constitute a grave threat to the building of a social order where all human rights can be realized,
Conscious that there exists a connection between the growing problem of racism and racial discrimination and current global social and economic developments, including the widening gap between rich and poor within and between countries,
Deeply concerned that the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination has remained largely unimplemented,
Convinced that the increasing danger of racism and racial discrimination must be met by a concerted response by the international community commensurate with the threat posed to the realization of the objective of the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms for all,
Recalling the two World Conferences to Combat Racism and Racial Discrimination, held at Geneva in 1978 and 1983,
Convinced that the convening of a world conference to combat racism and racial discrimination in the near future would send a clear signal of the determination of the world community to deal decisively with the scourge of racism and would be an important opportunity for taking a comprehensive approach and developing action-oriented strategies to combat racism and racial discrimination,
1. Calls upon Member States to contribute generously to the Trust Fund for the Programme for the Decade for Action to Combat Racism and Racial Discrimination;
2. Requests the Secretary-General to take every measure, including those approved by the General Assembly in its resolutions 48/91 of 20 December 1993 and 49/146 of 23 December 1994 and in the programme budget relating to the activities of the Third Decade, to ensure the implementation of the recommendation by the General Assembly to establish a focal point on racism within the Centre for Human Rights for the coordination of the activities under the Third Decade;
3. Expresses its full support for the convening, as soon as possible, of a world conference to combat racism and racial discrimination;
4. Calls upon Member States to respond positively to the proposal to convene a world conference to combat racism and racial discrimination;
5. Invites the Secretary-General to include in his proposals to the General Assembly for supplementing the Programme of Action for the Third Decade a concrete proposal for the convening of a world conference to combat racism and racial discrimination before the turn of the century;
6. Confirms its readiness to contribute actively at every stage of the preparations for a world conference to combat racism and racial discrimination.
27th meeting
23 August 1996
[Adopted without a vote. See chap. VI.]
1996/9. The right to freedom of movement
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Reaffirming the right of everyone lawfully within the territory of a State to liberty of movement and freedom to choose his or her residence and the prohibition of arbitrary deprivation of the right to enter one's own country as set out in article 12 of the International Covenant on Civil and Political Rights and article 13 of the Universal Declaration of Human Rights,
Recognizing that practices of forcible exile, mass expulsion and deportation, population transfer, forcible population exchange, unlawful forcible evacuation, eviction and forcible relocation, "ethnic cleansing" and other forms of forcible displacement of populations within a country or across borders deprive the affected populations of their right to freedom of movement,
Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23), adopted by the World Conference on Human Rights, which reaffirms that everyone, without distinction of any kind, is entitled to the right to seek and to enjoy in other countries asylum from persecution, as well as the right to return to one's own country,
Recalling also its resolution 1995/13 of 18 August 1995, in which it decided to continue its consideration of the question of population displacement and to keep under constant review respect for the right to freedom of movement, including the right to seek asylum, the right to remain and the right to return,
Recalling further its resolution 1992/28 of 27 August 1992, in which it nominated Special Rapporteurs on the human rights dimensions on population transfer, including the implantation of settlers and settlements, as well as its resolution 1993/34 of 25 August 1993, in which it, inter alia, invited the Commission on Human Rights to request the Secretary-General to organize a multidisciplinary expert seminar prior to the preparation of the final report of the Special Rapporteur, in order to formulate appropriate final conclusions and recommendations, which invitation the Commission endorsed in its decision 1994/102 of 25 February 1994,
Noting with great interest Commission on Human Rights resolution 1996/51 of 19 April 1996 entitled "Human rights and mass exoduses", in which the Commission strongly deplored ethnic and other forms of intolerance as one of the major causes of forced migratory movements and urged States to take all necessary steps to ensure respect for human rights, especially the rights of persons belonging to minorities,
Noting that policies and practices of forcible displacement are one of the major causes of flows of refugees and internally displaced persons,
Concerned that growing numbers of refugees and even larger and growing numbers of internally displaced persons exist worldwide and that restrictive policies of many States lead to difficulties for people in leaving their country in order to seek asylum, as well as to the detention of refugees and asylum-seekers,
1. Affirms the right of persons to remain in peace in their own homes, on their own lands and in their own countries;
2. Also affirms the right of refugees and internally displaced persons to return voluntarily, in safety and dignity, to their country of origin and/or within it to their place of origin or choice;
3. Urges Governments and other actors involved to do everything possible in order to cease at once all practices of forced displacement, population transfer and "ethnic cleansing" in violation of international law;
4. Urges all States to respect the principle of non-refoulement and to safeguard and give effect to the right of everyone to seek and to enjoy in other countries asylum from persecution;
5. Also urges all States and other actors involved to ensure that no internally displaced person is forcibly returned to an area where his or her life, security and freedom would be in danger;
6. Strongly encourages all Governments and other actors involved, including intergovernmental and humanitarian organizations concerned, to intensify their cooperation and assistance in worldwide efforts to address the serious problems resulting from forced displacements, and the causes of such displacement;
7. Decides to continue to study the question of the right to freedom of movement, including the right to remain, the right to leave and seek asylum and the right to return;
8. Reiterates its request to the Secretary-General that, to this end, he convene the expert seminar on population transfer, in close cooperation with relevant intergovernmental and non-governmental organizations, in time for its conclusions to be of use for the final report of the Special Rapporteur, due to be submitted to the Sub-Commission at its forty-ninth session, and strongly requests the Special Rapporteur to submit his final report in any case to the Sub-Commission at its forty-ninth session.
27th meeting
23 August 1996
[Adopted without a vote. See chap. XIX.]
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Affirming that, in spite of the existence of an already established body of principles and standards, there is a need to make further efforts to improve the situation and ensure the human rights and dignity of all migrant workers and members of their families,
Concerned by the continuing reports of grave abuses and acts of violence committed against the persons of women migrant workers by some employers in some host countries,
Underlining the importance of the creation of conditions to foster greater harmony and tolerance between migrant workers and the rest of the society of the State in which they reside, with the aim of eliminating the growing manifestations of racism and xenophobia taking place in segments of many societies and perpetrated by individuals or groups against migrant workers,
Recalling General Assembly resolution 45/158 of 18 December 1990, by which the Assembly adopted and opened for signature, ratification and accession the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,
Bearing in mind that in the Vienna Declaration and Programme of Action (A/CONF.157/23) all States are invited to consider the possibility of signing and ratifying the Convention at the earliest possible time,
Welcoming regional efforts aimed at promoting international cooperation in this field, and in particular the Regional Conference on Migration held in Puebla, Mexico, in March 1996 and the Mediterranean Conference on Population, Migration and Development to be held in Palma de Mallorca, Spain, in October 1996,
1. Expresses its deep concern at the growing manifestations of racism, xenophobia and other forms of discrimination and inhuman or degrading treatment directed against migrant workers in different parts of the world;
2. Invites all Member States to sign and ratify or accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as a matter of priority, and expresses the hope that it will enter into force at an early date;
3. Urges countries of employment to review and adopt appropriate measures to prevent the use of force against migrant workers and to ensure that their police forces and competent migration authorities comply with the basic standards relating to the decent treatment of all migrant workers, including women migrant workers, and their families, inter alia through the organization of training courses on human rights;
4. Urges States to take the necessary measures to sanction employers for the confiscation of passports belonging to migrant workers, in particular migrant domestic workers;
5. Expresses its support for Commission on Human Rights resolution 1996/18 of 11 April 1996, in which the Commission requested the United Nations High Commissioner for Human Rights to cooperate with regional and international organizations concerned with the protection of the rights of all migrant workers and members of their families;
6. Decides, in view of the scope and seriousness of the problem, to devote close attention to the question of the protection of migrant workers and members of their families at its next session.
27th meeting
23 August 1996
[Adopted without a vote. See chap. XIX.]
1996/11. Systematic rape and sexual slavery during periods of armed conflict
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolution 1995/14 of 18 August 1995, in which the Sub-Commission decided to appoint Ms. Linda Chavez as Special Rapporteur to undertake an in-depth study of the situation of systematic rape, sexual slavery and slavery-like practices during periods of armed conflict and requested the Special Rapporteur to submit a preliminary report to the Sub-Commission at its forth-eighth session and a final report at its forty-ninth session,
Noting Commission on Human Rights decision 1996/107 of 19 April 1996, in which the Commission endorsed the decision of the Sub-Commission to appoint Ms. Chavez as Special Rapporteur,
Noting also Economic and Social Council decision 1996/291 of 24 July 1996, in which the Council approved the Commission's endorsement of the decision to appoint Ms. Chavez as Special Rapporteur,
Taking note of the report by the Special Rapporteur of the Commission on Human Rights on violence against women, its causes and consequences (E/CN.4/1996/53 and Add.1 and 2),
Aware of the serious human rights violations against women occurring in countries such as the former Yugoslavia and Rwanda, as reported by the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia (E/CN.4/1996/63) and the Special Rapporteur on the situation of human rights in Rwanda (E/CN.4/1996/68),
Guided by the principles enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights, the Slavery Convention of 1926, the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Convention on the Elimination of All Forms of Discrimination against Women, the Declaration on the Elimination of Violence against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other relevant human rights instruments, as well as the Geneva Conventions of 12 August 1949 and Additional Protocols I and II thereto of 1977,
1. Welcomes the preliminary report of Ms. Linda Chavez, Special Rapporteur on the situation of systematic rape, sexual slavery and slavery-like practices during periods of conflict, including internal armed conflict (E/CN.4/Sub.2/1996/26), summarizing the purpose and scope of the study, the history of systematic rape as an instrument of policy, relevant international norms, issues of responsibility and liability, forums with jurisdiction to try perpetrators, possible sanctions against violators and possible forms of reparation;
2. Requests the Special Rapporteur to submit her final report to the Sub-Commission at its forty-ninth session in conformity with the plan contained in her working paper (E/CN.4/Sub.2/1995/38);
3. Decides to consider the situation of systematic rape, sexual slavery and slavery-like practices during periods of armed conflict at its forty-ninth session under the agenda item on contemporary forms of slavery.
27th meeting
23 August 1996
[Adopted without a vote. See chap. XVI.]
1996/12. Report of the Working Group on Contemporary Forms of Slavery
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Taking note of the report of the Working Group on Contemporary Forms of Slavery on its twenty-first session (E/CN.4/Sub.2/1996/24 and Corr.1) and in particular the recommendations contained in chapter VI,
Deeply concerned at the information it contains relating to child and bonded labour, sexual exploitation, in particular of children, the traffic in persons, illegal and pseudo-adoptions, the alleged practice of removal of organs, migrant and domestic workers and sexual slavery during wartime,
Noting that the status of ratification of the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956 and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949 is still unsatisfactory,
1. Expresses its appreciation to the Working Group on Contemporary Forms of Slavery for its valuable work and in particular for its continued broad approach and flexible methods of work;
I. PREVENTION OF TRAFFIC IN PERSONS AND EXPLOITATION OF THE PROSTITUTION OF OTHERS
2. Welcomes once again the convening of the World Congress against Commercial Sexual Exploitation of Children in Stockholm from 27 to 31 August 1996;
3. Welcomes the approval by the Commission on Human Rights of the Programme of Action for the Prevention of the Traffic in Persons and the Exploitation of the Prostitution of Others (E/CN.4/Sub.2/1995/28/Add.1);
4. Requests the Secretary-General to invite all States to report periodically to the Sub-Commission on measures adopted to implement the Programme of Action and on the effectiveness of such measures;
5. Recommends that Governments prohibit the advertising or publicizing of sex tourism and that they do not facilitate other commercial activities involving sexual exploitation;
6. Encourages Governments, in cooperation with the World Health Organization and the Joint United Nations Programme on HIV/AIDS, to establish specific projects for the protection of the victims of traffic in persons and of prostitution from the risk of infection with HIV and the spread of AIDS;
7. Recommends that States take urgent measures, including measures of criminal law and of cooperation with other States, designed to protect minors from exposure to or involvement in pornography and requests the Secretary-General to invite States to provide information on measures taken or already applicable;
8. Invites the Secretary-General, in cooperation with the International Telecommunication Union, to examine the adverse effect on children of new technologies, such as the Internet, that are used to promote, inter alia, child pornography and sex tourism;
9. 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;
II. SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
A. Special Rapporteur on the sale of children, child prostitution and child pornography
10. Takes note of the information on these problems submitted by the Special Rapporteur in her report to the Commission on Human Rights (E/CN.4/1996/100);
11. Also takes note of the information on these problems submitted by the participants at the twenty-first 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;
12. Requests the Special Rapporteur, within the framework of her mandate, to continue to pay attention to issues relating to the traffic in children, such as organ transplantation, disappearances, the purchase and sale of children, adoption for commercial purposes or exploitation, child prostitution and child pornography;
13. Invites the Special Rapporteur to participate in the twenty-second session of the Working Group;
B. Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography
14. Encourages the working group on a draft optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography to continue its work in elaborating a draft optional protocol, and calls upon the Working Group to outline a framework for international cooperation to bring to an end all practices relating to the sexual exploitation of children, including child sex tourism;
15. Requests the Secretary-General to invite all States to inform the working group of measures adopted to implement the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and to submit a report thereon to the Sub-Commission at its forty-ninth session and to the Commission at its fifty-fourth session;
16. 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. Traffic in human organs and tissues
17. Welcomes the adoption of Commission on Human Rights resolution 1996/61 of 23 April 1996, in which the Commission requested the Secretary-General to examine, in cooperation with relevant United Nations agencies, in particular the World Health Organization, as well as the International Criminal Police Organization and all relevant non-governmental organizations, the reliability of allegations regarding the removal of organs and tissues of children and adults for commercial purposes in order to enable the Commission to decide on possible follow-up in this matter;
18. Encourages the World Health Organization to continue to pay special attention to this issue, and welcomes the recommendation of the World Health Organization Advisory Committee on Health Research to set up a task force on organ transplantation;
19. Decides to continue to examine this matter at its forty-ninth session;
III. ELIMINATION OF THE EXPLOITATION OF CHILD LABOUR
20. Decides to study further the possible appointment of a special rapporteur on the exploitation of child labour and debt bondage, having due regard to the importance of a study on child labour;
21. Urges all States, while attempting ultimately to eliminate the phenomenon of child labour, to adopt measures and regulations to protect child labourers, to ensure that their labour is not exploited and to prohibit their labour in hazardous occupations;
22. Urges States that have not yet done so to ratify the relevant International Labour Organization conventions, in particular the Forced Labour Convention, 1930 (No. 29) and the Convention concerning the Minimum Age for Admission to Employment, 1973 (No. 138);
23. Requests the Secretary-General to invite all States to continue to inform the Working Group of measures adopted to implement the Programme of Action for the Elimination of the Exploitation of Child Labour;
IV. ERADICATION OF BONDED LABOUR
24. Takes note with satisfaction of the promulgation of laws against bonded labour, and appeals to Governments to adopt all the necessary measures to implement and follow up the implementation of such laws;
25. Requests the specialized agencies, in particular the international financial institutions and the development agencies of the United Nations, to ensure that the projects they support do not, in any way, use bonded labour, and notes with appreciation the information submitted by the United Nations Development Programme in that regard;
26. Recommends that Governments cooperate with trade unions and employers' organizations at the national level to address the problem of bonded labour and that trade unions and employers' organizations at the local, national and international levels utilize the existing structures of the International Labour Organization dealing with violations of the relevant conventions concerning forced labour, and encourages concerned non-governmental organizations to strengthen their activities for disseminating information and advising trade unions in this regard;
27. Decides to keep this question under consideration and to assess the progress achieved, with a view to eliminating this intolerable practice;
28. Reaffirms that forced labour is a contemporary form of slavery and expresses its concern at allegations that this practice has not yet been eliminated;
29. Decides to continue to give consideration to this issue at its next session;
30. Notes with great concern that foreign migrant workers are frequently subject to discriminatory rules and regulations which undermine human dignity, including being forced to live separately from their spouse and their minor children, sometimes for extended periods, and are often victims of violence, racism and xenophobia;
31. Urges States to take the necessary measures to sanction employers for the confiscation of passports belonging to migrant workers, in particular migrant domestic workers;
32. Strongly condemns practices of unequal treatment of migrant workers and the denial of their human dignity;
33. Urges States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
34. Recommends that non-governmental organizations give attention to the grave problems affecting migrant workers and provide the Working Group with information in this regard;
VII. ILLEGAL AND PSEUDO-ADOPTIONS
35. Takes note of the information concerning cases of children adopted for commercial purposes and other forms of traffic;
36. Urges States to take adequate steps to regulate and monitor intercountry adoptions better, including by ratifying the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption;
37. Decides to continue to give consideration to this issue at its next session;
38. Welcomes the work of the Special Rapporteur of the Commission on Human Rights on violence against women, and takes note of her report (E/CN.4/1996/53 and Add.1 and 2);
39. Welcomes the useful information provided by the Government of Japan regarding its action in relation to the issue of women sex slaves during the Second World War;
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 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. Invites the Government of Japan to cooperate with the United Nations and the specialized agencies in this matter;
43. 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;
44. Invites the Special Rapporteur on violence against women to participate in the twenty-second session of the Working Group;
45. Decides to continue to consider the issue of incest at its next 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;
46. Urges Governments to make confidential facilities available for children to make disclosure of the situation and to obtain advice;
47. Urges Member States to take adequate steps to punish suitably the perpetrators of this most heinous offence;
48. Decides to continue to give particular attention to the question of domestic workers, in particular the situation of girl children, and urges Governments to ensure that protective regulations govern their employment situation and provide for safe conditions of work;
49. Notes the difficult situation in which girl children are living and the need for them to be provided with protection with a view to ensuring their fullest human development and participation in the life of their community;
50. Decides to continue its consideration of the questions of early marriage and detained juveniles at its next session;
51. Welcomes Commission on Human Rights decision 1996/107 of 19 April 1996, in which the Commission endorsed the decision of the Sub-Commission to appoint Mrs. Linda Chavez as Special Rapporteur to undertake an in-depth study of the situation of systematic rape, sexual slavery and slavery-like practices during periods of armed conflict, and requests the Secretary-General to transmit the study to the Working Group at its next session;
52. Requests the Secretary-General to seek the views and suggestions of Member States and of intergovernmental and non-governmental organizations for the future action of the Working Group with a view to its considering their replies at its forthcoming sessions;
53. Appeals to all Governments to send representatives to the meetings of the Working Group;
54. Encourages youth organizations and young persons from various non-governmental organizations to participate in the meetings of the Working Group;
55. 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 the 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;
56. Welcomes the written contribution made by the Committee on the Rights of the Child to the Working Group;
57. Draws the attention of the World Congress against Commercial Sexual Exploitation of Children, to be held in Stockholm in August 1996, to the work of the Working Group, in particular issues involving children, and requests the Secretary-General to forward to the Congress all relevant documentation of the Working Group;
58. 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;
59. Requests the Secretary-General to transmit to the committees mentioned above, the special rapporteurs concerned and the Working Group on Enforced or Involuntary Disappearances the recommendations of relevance to them and the report of the Working Group;
60. Welcomes the adoption by the Commission on Human Rights of resolution 1996/61 of 23 April 1996, in which the Commission requested the Secretary-General to give effect to his decision 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;
61. 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-third session and to the Working Group at its twenty-second session;
62. 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 the arrangements regarding the organization of the sessions of the Working Group on Contemporary Forms of Slavery, as contained in Commission decision 1992/115 of 3 March 1992, be repeated in subsequent years;
63. Decides, in arranging its agenda, to make provision for adequate discussion of the Working Group's report near the commencement of each session, thereby strengthening its involvement in the activities of the Working Group.
27th meeting
23 August 1996
[Adopted without a vote. See chap. XVI.]
1996/13. Thirtieth anniversary of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and twentieth anniversary of their entry into force
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling the Universal Declaration of Human Rights of 10 December 1948,
Bearing in mind the principle of the universality of human rights reaffirmed in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights at Vienna on 25 June 1993,
Guided by General Assembly resolution 46/81 of 16 December 1991,
Conscious of the valuable contributions made by the many people who have constantly collaborated in the work of the United Nations by proposing, adopting and applying the International Covenants on Human Rights,
Recalling that 134 States have to date ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,
Taking note of the fact that 50 States are still not parties to these two international instruments,
Concerned by the persistent violations of civil and political rights and of economic, social and cultural rights throughout the world,
1. Deeply regrets that the thirtieth anniversary of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and the twentieth anniversary of their entry into force have not been celebrated;
2. Requests the Secretary-General to emphasize, on the occasion of the commemoration of the fiftieth anniversary of the Universal Declaration of Human Rights in 1998, and through the activities planned, the decisive role played by the International Covenants in affirming the principle of the universality of human rights;
3. Urges all States to ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and to accede to the related Optional Protocols at the earliest moment;
4. Calls for the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights to enable the Committee on Economic, Social and Cultural Rights to consider communications from individuals;
5. Commends the work carried out by the Human Rights Committee and by the Committee on Economic, Social and Cultural Rights in monitoring the implementation of the International Covenants;
6. Appeals to all States to strengthen the effective application of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
27th meeting
23 August 1996
[Adopted without a vote. See chap. XVII.]
1996/14. International peace and security as an essential condition for the enjoyment of human rights, above all the right to life
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Welcoming the end of the cold war, the easing of international tension and the strengthening of trust between States,
Reiterating the ultimate goals of the complete elimination of nuclear weapons and a treaty on general and complete disarmament under strict and effective international control,
Stressing the need for systematic and progressive efforts to reduce nuclear weapons globally, with the ultimate goal of eliminating those weapons, and of general and complete disarmament under strict and effective international control,
Bearing in mind that cessation of all nuclear weapons testing within the framework of an effective nuclear disarmament process is in the interest of mankind,
Convinced that the present international situation provides an opportunity to take further effective measures towards nuclear disarmament through the total elimination of nuclear weapons within a time-bound framework, and against the proliferation of nuclear weapons in all its aspects,
Convinced also that the implementation of such measures would contribute to the enhancement of international peace and security and the protection of human rights, above all the right to life,
Recalling the Advisory Opinion of the International Court of Justice of 8 July 1996 on the legality of the threat or use of nuclear weapons,
1. Affirms that weapons of mass destruction and in particular nuclear weapons should have no role to play in international relations and thus should be eliminated;
2. Recommends that the relevant international forums, in particular the Conference on Disarmament, should immediately start negotiations on nuclear disarmament to reduce nuclear weapons globally within a phased programme, with the ultimate goal of eliminating those weapons, thus contributing to the enhancement of international peace and security and the protection of human rights and fundamental freedoms and above all the right to life.
27th meeting
23 August 1996
[Adopted without a vote. See chap. XIV.]
1996/15. Injurious effects of anti-personnel land-mines
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Taking into account that anti-personnel land-mines are a major instrument of grave violations of human rights, in particular the right to life,
Recalling its resolution 1995/24 of 24 August 1995 in which it declared itself in favour of a total ban on the production, marketing and use of anti-personnel land-mines,
Stressing the urgency for the Sub-Commission to follow up this issue in order to guarantee the full respect and the implementation of all relevant conventions, protocols and resolutions,
Welcoming the initiative of the Organization of American States, which in June 1996 called for the establishment of an anti-personnel mine-free zone in the Americas,
Taking note with satisfaction that the Council of Ministers of the Organization of African Unity, in February 1996, urged subregional organizations on the continent to undertake initiatives for the prohibition of anti-personnel land-mines in support of the commitment of the Organization of African Unity to a total ban on land-mines,
Taking note with satisfaction also of the appeal launched by the European Parliament on 13 May 1996 to all member States to ban unilaterally the production of anti-personnel land-mines and to destroy existing stocks,
Welcoming the initiative of the Government of Canada to host an international conference in Ottawa in the autumn of 1996, bringing together the more than 40 States which support a global ban on anti-personnel land-mines to consider short- and medium-term measures to achieve this end,
Regretting the result of the Review Conference of States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects held in Geneva in May 1996 as regards the distinction made between "intelligent" and "dumb" mines and the nine-year period given to States to start producing only supposedly "intelligent" mines,
Gravely concerned at the constant violation of the rights to life and to security of person, particularly of vulnerable groups of civilians such as peasants, indigenous peoples and children, caused by the use of anti-personnel land-mines,
Bearing in mind that land-mines cause death, maiming and psychological damage and have economic and environmental effects,
Expressing the hope that United Nations action in favour of mine clearance will in the near future result in the total and final elimination of the scourge of unexploded land-mines,
Regretting that funds are lacking to improve mine-clearance techniques and step up rehabilitation programmes for the victims of anti-personnel land-mines,
1. Reaffirms its support for a total ban on the production, marketing and use of anti-personnel land-mines, as a means to protect the right to life;
2. Urges States that have not yet done so to sign and ratify the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects and the Protocols thereto;
3. Urges all States to modify, where necessary, their legislation in order to prohibit the production, marketing and use of anti-personnel land-mines in and from their territories;
4. Considers that the date for the next Review Conference, scheduled for 2001, to be too far away in view of the existing situation with respect to this matter, which requires an urgent solution;
5. Reiterates its request to Governments and the international community to pursue a policy of information, prevention, rehabilitation and reintegration for the victims of anti-personnel land-mines, particularly children, and to take the economic and social measures considered necessary for that purpose;
6. Again encourages Governments, organizations and individuals that can do so to respond favourably to the request for voluntary contributions to the United Nations mine-clearance programme, if possible on a regular basis;
7. Requests the Secretary-General to transmit to all Governments the Sub-Commission's appeal for voluntary contributions to the mine-clearance programme and to the Voluntary Trust Fund for Assistance in Mine Clearance established in November 1994;
8. Decides to consider this question at its forty-ninth session under the same agenda item in order to ensure the necessary follow-up within the framework of the full enjoyment of human rights and the strengthening of international humanitarian law.
27th meeting
23 August 1993
[Adopted without a vote. See chap. XIV.]
1996/16. International peace and security as an essential condition for the enjoyment of human rights, above all the right to life
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto,
Recalling General Assembly resolutions 42/99 of 7 December 1987 and 43/111 of 8 December 1988 reaffirming that all people have an inherent right to life,
Concerned at the alleged use of weapons of mass or indiscriminate destruction both against members of the armed forces and against civilian populations, resulting in death, misery and disability,
Concerned also at repeated reports on the long-term consequences of the use of such weapons upon human life and health and upon the environment,
Concerned further that the physical effects on the environment, the debris from the use of such weapons, either alone or in combination, and abandoned contaminated equipment constitute a serious danger to life,
Convinced that the production, sale and use of such weapons are incompatible with international human rights and humanitarian law,
Believing that continued efforts must be undertaken to sensitize public opinion to the inhuman and indiscriminate effects of such weapons and to the need for their complete elimination,
Convinced that the production, sale and use of such weapons are incompatible with the promotion and maintenance of international peace and security,
1. Urges all States to be guided in their national policies by the need to curb the production and the spread of weapons of mass destruction or with indiscriminate effect, in particular nuclear weapons, chemical weapons, fuel-air bombs, napalm, cluster bombs, biological weaponry and weaponry containing depleted uranium;
2. Requests the Secretary-General:
(a) To collect information from Governments, the competent United Nations bodies and agencies and non-governmental organizations on the use of nuclear weapons, chemical weapons, fuel-air bombs, napalm, cluster bombs, biological weaponry and weaponry containing depleted uranium, on their consequential and cumulative effects, and on the danger they represent to life, physical security and other human rights;
(b) To submit a report on the information gathered to the Sub-Commission at its forty-ninth session, together with any recommendations and views which he may have received on effective ways and means of eliminating such weapons;
3. Decides to give further consideration to this matter at its forty-ninth session, on the basis of any additional information which may be contained in reports of the Secretary-General to the Sub-Commission or to other United Nations bodies, or which may be submitted to the Sub-Commission by Governments or non-governmental organizations.
34th meeting
29 August 1996
[Adopted by 15 votes to 1, with
8 abstentions. See chap. XIV.]
1996/17. Prevention of discrimination and protection of minorities
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling Commission on Human Rights resolution 1995/24 of 3 March 1995 on the rights of persons belonging to national or ethnic, religious and linguistic minorities, in which the Commission, inter alia, decided to authorize the Sub-Commission on Prevention of Discrimination and Protection of Minorities to establish, initially for a three-year period, an inter-sessional working group consisting of five of its members, to meet each year for five working days in order to promote the rights of persons belonging to minorities and to examine peaceful and constructive solutions to situations involving minorities,
Noting that the Working Group on Minorities held its first session from 28 August to 1 September 1995 and its second session from 30 April to 3 May 1996,
Having considered the reports of the first and second sessions of the Working Group on Minorities (E/CN.4/Sub.2/1996/2 and E/CN.4/Sub.2/1996/28) and, in particular, the recommendations contained in chapters VII and VIII thereof, respectively,
Disturbed by the widespread occurrence of violent conflicts in many parts of the world where ethnic or religious hostility is engendered by one or more of the parties to the conflict,
Mindful of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and convinced that the implementation of its principles, in conjunction with the International Convention on the Elimination of All Forms of Racial Discrimination and article 27 of the International Covenant on Civil and Political Rights, as well as all other relevant international instruments, provides the best guidance for resolving peacefully minority disputes or conflicts,
Aware of the contributions made by the United Nations High Commissioner for Human Rights towards the implementation of the principles contained in the Declaration and of his continuing dialogue with Governments and minorities concerned,
Underlining the significant contributions to the protection of minorities made by the relevant treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child,
Acknowledging the positive initiatives and measures undertaken by many States, specialized agencies, intergovernmental regional organizations and non-governmental organizations to protect minorities and promote mutual understanding and tolerance,
Reiterating the need for States, minorities and majorities to search for peaceful and constructive solutions to problems affecting minorities,
Underlining the interrelationship between all articles of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, including articles 1 and 8,
Recognizing the positive participation of all concerned in the Working Group and the developments towards constructive dialogue among minorities and between minorities and Governments,
Noting with interest that the Working Group on the Right to Development has identified continued discrimination against, inter alia, minorities with respect to their right of access to health care, education, work, property and other economic, social and cultural rights as a major obstacle to the realization of the right to development,
Endorsing relevant initiatives for the involvement of minorities in the field of development in accordance with the relevant principles of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and of the Declaration on the Right to Development,
Emphasizing the need for system-wide cooperation within the United Nations to facilitate peaceful solutions to situations involving minorities,
Underlining the importance of close cooperation between the Sub-Commission and the Commission on Human Rights in this field,
1. Expresses its deep appreciation to the Working Group on Minorities and, in particular, to its Chairman-Rapporteur, Mr. Asbjørn Eide;
2. Welcomes the substantive information submitted to the Working Group on Minorities at its first and second sessions and the constructive dialogue between minorities and Governments;
3. Endorses the recommendations made in the reports of the two sessions of the Working Group on Minorities (E/CN.4/Sub.2/1996/2, chap. VII and E/CN.4/Sub.2/1996/28, chap. VIII);
4. Decides to submit the reports of the first and second sessions of the Working Group on Minorities to the Commission on Human Rights for consideration;
5. Urges the Working Group on Minorities to continue to act as the main forum for consideration and possible resolution of problems between minorities and Governments, as well as among minorities themselves, drawing on the expertise of scholars, among others, including those present at its sessions;
6. Invites the Working Group to elaborate and submit to the Sub-Commission and through it to the Commission on Human Rights criteria concerning the content and scope of the rights contained in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, including concrete recommendations for their implementation;
7. Also invites the Working Group to increase its cooperation with the United Nations High Commissioner for Human Rights with a view to strengthening his preventive activities and enhancing his responses to minority situations warranting urgent action;
8. Welcomes the recommendation contained in paragraph 208 of the report on its second session (E/CN.4/Sub.2/1996/28) in particular and invites the Working Group to pursue its efforts to organize seminars, without financial implications for the United Nations, on the themes listed therein;
9. Requests the United Nations High Commissioner for Human Rights to pursue, in accordance with his mandate, the implementation of his programme for the promotion and protection of the rights of persons belonging to minorities;
10. Recommends that the Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child pay particular attention to the implementation of, respectively, article 27 of the International Covenant on Civil and Political Rights, article 15 of the International Covenant on Economic, Social and Cultural Rights, article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination and article 30 of the Convention on the Rights of the Child when considering States parties' reports, and that they include in their guidelines an item concerning minorities;
11. Recommends also that the treaty bodies, special rapporteurs and special representatives and the competent working groups continue to pay due regard, within their mandates, to the principles contained and the situations of the persons referred to in the Declaration;
12. Requests the competent United Nations organs and bodies and intergovernmental and non-governmental organizations to intensify their efforts with a view to disseminating information on the Declaration and to continue to submit information on the application thereof, in compliance with article 9 of the Declaration, to the Working Group on Minorities;
13. Appeals to all Governments, competent United Nations bodies, intergovernmental organizations, non-governmental organizations and scholars to continue to participate actively in the work of the Working Group;
14. Encourages States to facilitate dialogue and cooperation between and among minorities and majorities, and to provide information to the Working Group on mechanisms established for that purpose;
15. Recommends that the Centre for Human Rights be strengthened to enable it to provide adequate services to the Working Group and to undertake relevant studies, evaluation and action;
16. Also recommends that the Commission on Human Rights request the Economic and Social Council to authorize the extension of the mandate of the Working Group for a further two years with a view to its holding one session annually until 1999;
17. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I, draft decision 1.]
34th meeting
29 August 1996
[Adopted without a vote. See chap. XVIII.]
1996/18. United Nations Voluntary Trust Fund on Contemporary
Forms of Slavery
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Concerned at the insufficiency of contributions to the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, which prevents it from carrying out the activities assigned to it,
Noting with anxiety that the remoteness of the members of the Board of Trustees of the Trust Fund, in different parts of the world, with no means of communication placed at their disposal, is affecting the search for appropriate solutions,
Considering the close relationship between the mandate of the Trust Fund and that of the Working Group on Contemporary Forms of Slavery,
1. Requests the Secretary-General to make available to the Working Group on Contemporary Forms of Slavery the report which he is to prepare pursuant to paragraph 17 of Commission on Human Rights resolution 1996/61 of 23 April 1996;
2. Suggests that the Secretary-General consider entrusting the mandate of the Board of Trustees of the United Nations Trust Fund on Contemporary Forms of Slavery to the Working Group on Contemporary Forms of Slavery, having regard to the difficulties described above and with a view to greater efficiency and a reduction in operating expenses;
3. Urges all Governments, governmental and non-governmental organizations, private institutions and private individuals to respond favourably to requests for contributions to the Fund;
4. Invites a representative of the Fund to participate in the Working Group at its twenty-second session.
34th meeting
29 August 1996
[Adopted without a vote. See chap. XVI.]
1996/19. Traditional practices affecting the health of women and children
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolutions 1995/20 of 24 August 1995 and 1983/1 of 23 August 1983,
Emphasizing that the World Conference on Human Rights, in the Vienna Declaration and Programme of Action (A/CONF.157/23), stressed the importance of working towards the eradication of any conflicts which might arise between the rights of women and the harmful effects of certain traditional or customary practices,
Bearing in mind that, in the Beijing Declaration and Platform for Action (A/CONF.177/20), the Fourth World Conference on Women called upon Governments to condemn violence against women and to refrain from invoking any custom, tradition or religious consideration to avoid their obligations with respect to its elimination,
Recognizing the serious consequences of traditional or customary practices affecting the health of women and children,
1. Welcomes with appreciation the analytical final report of the Special Rapporteur, Ms. Halima Embarek Warzazi (E/CN.4/Sub.2/1996/6);
2. Reaffirms that traditional practices affecting the health of women and children constitute a definite form of violence against women and a serious violation of the human rights of women;
3. Regrets the lack of information from Governments on the implementation of the comprehensive Plan of Action for the Elimination of Traditional Practices affecting the Health of Women and Children (E/CN.4/Sub.2/1994/10/Add.1 and Corr.1) in order to put an end to these prejudicial practices;
4. Stresses, consequently, the importance of continuing to monitor measures taken by Governments towards the elimination of traditional practices affecting the health of women and children through, in particular, the implementation of the Plan of Action;
5. Decides to extend the mandate of the Special Rapporteur for a further two years in order to follow up and monitor such developments and to report to the Sub-Commission at its forty-ninth and fiftieth sessions;
6. Calls upon the Centre for Human Rights to provide the Special Rapporteur with all the necessary resources to enable her to carry out her mandate effectively;
7. Requests the Secretary-General to transmit the final report of the Special Rapporteur to the Commission on Human Rights for examination;
8. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I, draft decision 2.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. V.]
1996/20. Human rights and terrorism 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 and other relevant international instruments,
Bearing in mind that the most essential and basic human right is the right to life,
Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23), adopted by the World Conference on Human Rights,
Recalling also General Assembly resolution 50/186 of 22 December 1995, Commission on Human Rights resolution 1995/43 of 3 March 1995 and its own resolution 1994/18 of 25 August 1994,
Bearing in mind the relevant discussions that took place in the Sub-Commission during its forty-seventh and forty-eighth sessions,
Reiterating its deep concern at the persistence of acts of terrorism and the gross violations of human rights perpetrated by terrorist groups,
Profoundly deploring the increasing number of innocent persons killed and maimed by terrorists in indiscriminate and random acts of violence and terror, which cannot be justified for any reason,
1. Reiterates the unequivocal condemnation of all acts, methods and practices of terrorism regardless of their motivation, in all its forms and manifestations, wherever and by whomever committed, as acts of aggression aimed at the annihilation of human rights, fundamental freedoms and democracy, threatening territorial integrity and international peace and security, destabilizing legitimately constituted Governments, undermining pluralistic civil society and having adverse consequences on the economic and social development of States;
2. Calls upon Governments to take all necessary and effective measures, in conformity with international standards of human rights, to prevent, combat and eliminate terrorism, and urges the international community to enhance cooperation in the fight against terrorism at the national, regional and international levels;
3. Decides, to entrust Mrs. Kalliopi K. Koufa with the task of preparing, in accordance with guideline No. 2 contained in the annex to Sub-Commission resolution 1992/8 of 26 August 1992 on its methods of work, without financial implications, a working paper on the question of terrorism and human rights, to be considered at its forty-ninth session.
35th meeting
29 August 1996
[Adopted without a vote. See chap. V.]
1996/21. Implementation of the human rights of women and the girl child
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolutions 1994/43 of 26 August 1994 and 1992/4 of 14 August 1992,
Recalling in particular that in its resolution 1995/26 of 24 August 1995 the Sub-Commission decided to consider the human rights of women and the girl child under every item of its agenda, as well as in all relevant studies undertaken by the Sub-Commission,
Reaffirming that the full and effective implementation of United Nations human rights instruments is of major importance to the efforts of the United Nations, pursuant to the Charter of the United Nations and the
Universal Declaration of Human Rights, to promote universal respect for and observance of human rights and fundamental freedoms for all without discrimination based, inter alia, on gender,
Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23) adopted by the World Conference on Human Rights, which states that the human rights of women and of the girl child are an inalienable, integral and indivisible part of universal human rights and that the human rights of women should form an integral part of the United Nations human rights activities,
Bearing in mind that the Vienna Declaration and Programme of Action calls for action to integrate the equal status and human rights of women into the mainstream of United Nations system-wide activity, stresses the importance of working towards the elimination of violence against women in public and private life and urges the eradication of all forms of discrimination against women,
Recalling the Programme of Action (A/CONF.171/13) adopted at the International Conference on Population and Development, held at Cairo from 5 to 13 September 1994, (see A/CONF.171/13), in which the rights of women received strong support and clarification, being understood as an essential element in all policies concerned with health and population programmes, and which called upon all countries to take full measures to eliminate all forms of exploitation, abuse, harassment and violence against women,
Recalling also the Copenhagen Declaration on Social Development and the Programme of Action of the World Summit for Social Development (A/CONF.166/9), held in Copenhagen from 6 to 12 March 1995, in which the goal of achieving equality and equity between women and men was identified as a key element in all steps taken towards enhancing social development and ensuring human well-being,
Welcoming the call in the Beijing Declaration and Platform for Action (A/CONF.177/20) adopted by the Fourth World Conference on Women, held from 4 to 15 September 1995, for intensified efforts to integrate the equal status and the human rights of all women and girls into the mainstream of United Nations system-wide activities and to address these issues regularly and systematically throughout relevant bodies and mechanisms, and for related actions to be taken by, inter alia, the human rights treaty monitoring bodies,
Reiterating the importance of steps aimed at preventing and eliminating all forms of discrimination against women and girls, and particularly steps focusing on the need to eradicate all forms of violence against women and girls,
Emphasizing the need for full implementation by Governments and community organizations, non-governmental organizations, educational institutions, and the public and private sectors, as appropriate, of the measures set out in the Beijing Declaration and Platform for Action,
Recalling General Assembly resolution 48/104 of 20 December 1993, proclaiming the Declaration on the Elimination of Violence against Women, in which the Assembly recognized that violence against women violated and impaired or nullified the enjoyment by women of human rights and fundamental freedoms,
Recognizing the importance of the effective implementation of the Convention on the Elimination of All Forms of Discrimination against Women,
Noting the importance for women of the full implementation of all the human rights treaties, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of the Child, as well as the Declaration on the Elimination of Violence against Women,
Welcoming Commission on Human Rights resolutions 1993/46 of 8 March 1993, 1994/45 of 4 March 1994, 1995/86 of 8 March 1995 and 1996/48 of 19 April 1996 regarding the integration of the equal status of women and the human rights of women into the mainstream of United Nations system-wide activity,
Welcoming also the work of the Special Rapporteur of the Commission on Human Rights on violence against women, its causes and its consequences, Ms. Radhika Coomaraswamy, and noting her report (E/CN.4/1996/53 and Add.1 and 2),
Welcoming the report of the Secretary-General on the extent to which violations of women's human rights have been addressed by human rights mechanisms (E/CN.4/1996/9),
Recognizing the continued importance of a focal point for the human rights of women within the Centre for Human Rights,
Welcoming the appointment of an adviser to the United Nations Secretary-General on gender issues to help ensure system-wide implementation of the Platform for Action,
Welcoming also the final report of the Special Rapporteur of the Sub-Commission, Ms. Halima Embarek Warzazi, on harmful traditional practices affecting the health of women and children (E/CN.4/Sub.2/1996/6) and the preliminary report prepared by Ms. Linda Chavez on systematic rape, sexual slavery and slavery-like practices during periods of armed conflict, including internal armed conflict (E/CN.4/Sub.2/1996/26),
Convinced of the need to eliminate all forms of sexual violence and sexual exploitation, including trafficking for the purposes of prostitution, other forms of commercial sex, domestic labour and servile forms of marriage, which are violations of the human rights of women and girl children and are incompatible with the dignity and worth of the human person,
Concerned by the continuing reports of grave abuses and acts of violence committed against women migrant workers,
Reiterating that acts of violence directed against women impair or nullify their enjoyment of their human rights and fundamental freedoms,
Convinced that global development cannot be achieved without the full participation of women,
Noting with deep concern that the economic and financial crises in many countries have severely affected the socio-economic status of women, especially in rural areas, and the continuing rise in the number of rural women living in poverty,
Recognizing, however, that some progress has been made to advance women's human rights, but that much more effort is needed to mainstream women's human rights throughout the United Nations system, including the war crimes tribunals,
1. Requests that, where appropriate, studies submitted at its forty-ninth session include gender-disaggregated statistics and discuss ways in which gender affects the various forms of abuse to which women are subjected, the consequences of those abuses, the availability and accessibility of remedies, the relationship between the abuses suffered by women and the subordinate status of women in public and private life, any gaps in existing international standards of protection, and gender-specific recommendations to remedy these violations;
2. Appeals to all Governments that have not yet done so to ratify the Convention on the Elimination of All Forms of Discrimination against Women without resort to reservations;
3. Expresses the hope that the Committee on the Elimination of Discrimination against Women will be integrated as soon as possible with the other human rights treaty monitoring mechanisms;
4. Requests the Secretary-General to ensure that United Nations human rights and humanitarian relief personnel receive training to enable them adequately to recognize and address human rights violations directed at women and to carry out their work without gender bias;
5. Requests the Secretary-General, in his capacity as Chairman of the Administrative Committee on Coordination, to seek to ensure the reinforcement and further development of the integration of the human rights of women into the mainstream of United Nations system-wide activity, following the framework set out at the Fourth World Conference on Women;
6. Decides to consider more fully the implications of the Beijing Platform for Action for the work of the Sub-Commission in such areas as women and poverty, the role of women in global development and the promotion of human rights, as well as additional measures to combat violence against women, including trafficking, at its forty-ninth session under the same agenda item;
7. Urges Member States, in order to prevent and eliminate all forms of violence against women and girls, to adopt measures for the effective implementation of the Declaration on the Elimination of Violence against Women, taking into special consideration women who are at high risk of violence, such as women migrant workers, refugee women and women in conflict situations;
8. Encourages Member States to enact and/or reinforce penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs done to women and girls who are subjected to any form of violence, whether in the home, the workplace, the community or society;
9. Fully supports the amendments adopted by the Committee on the Elimination of Discrimination against Women to the guidelines for the preparation of the periodic reports submitted to the Committee seeking that States parties report on reservations to the Convention and include in their reports information on measures taken to implement the Beijing Platform for Action, in order to facilitate the work of the Committee;
10. Calls upon the Secretary-General to take the necessary steps to establish the post of focal point on women in the Centre for Human Rights and to ensure that women's human rights are effectively supported at all levels in the United Nations system, in cooperation with the Division for the Advancement of Women;
11. Calls upon the Secretary-General to fulfil his target, reaffirmed by the Fourth World Conference on Women, of having women hold 50 per cent of managerial and decision-making positions by the year 2000;
12. Requests Governments to support initiatives of women's organizations and non-governmental organizations all over the world to raise awareness on the issue of equality of women and men and to contribute to the elimination of all forms of discrimination against women;
13. Supports the decision of the Commission on the Status of Women, at its fortieth session, to renew the open-ended working group established to develop an optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women;
14. Decides to give full attention to these issues at its forty-ninth session under the same agenda item.
35th meeting
29 August 1996
[Adopted without a vote. See chap. XII.]
1996/22. Tenth anniversary of the adoption of the Declaration on the Right to Development
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind the purposes and principles of the Charter of the United Nations relating to the achievement of international cooperation in solving international problems of an economic, social, cultural or humanitarian nature,
Recalling the Declaration on the Right to Development, adopted by the General Assembly at its forty-first session, which states clearly that the right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to and enjoy economic, social, cultural and political development and that while all States should contribute, through international cooperation, to promote the economic, social and cultural rights of all peoples, States have the primary responsibility for the creation of national and international conditions favourable to the realization of the right to development,
Deeply concerned that the number of people living in poverty worldwide has grown to an alarming one and a half billion, over 90 per cent of whom eke out a miserable life in the developing countries,
Welcoming the timely decision of the General Assembly to proclaim the United Nations Decade for the Eradication of Poverty (1997-2006),
Noting with great appreciation Commission on Human Rights resolution 1996/15 of 11 April 1996 entitled "The right to development" and the work accomplished so far by the Working Group on the Right to Development,
Noting that the international cooperation conducive to development advocated in the Declaration on the Right to Development has not made much headway 10 years after the adoption of the Declaration,
Having considered at its forty-eighth session questions relating to the realization of the right to development under agenda item 8,
1. Reaffirms that progress towards the implementation of the right to development requires effective development policies at the national level, as well as equitable economic relations and a favourable economic environment at the international level;
2. Urges all States Members of the United Nations to strengthen international cooperation for promoting the realization of the right to development as emphasized by the General Assembly in the Declaration on the Right to Development and reaffirmed by the World Conference on Human Rights;
3. Decides to continue consideration of questions relating to the realization of the right to development as a sub-item under the agenda item entitled "The realization of economic, social and cultural rights", so as to enable the members of the Sub-Commission to contribute to the consideration by the Commission on Human Rights of the promotion of the realization of the right to development;
4. Requests the Secretary-General to invite all relevant United Nations bodies and agencies to step up their action aimed at promoting international cooperation for the realization of the right to development in the context of the United Nations Decade for the Elimination of Poverty (1997-2006) and to provide him with the information thereon, and requests him to transmit annually to the Sub-Commission the information received;
5. Decides to review annually the progress in international cooperation towards the implementation of the right to development in the context of human rights and the United Nations Decade for the Eradication of Poverty (1997-2006).
35th meeting
29 August 1996
[Adopted without a vote. See chap. IX.]
1996/23. Human rights and extreme poverty
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling Commission on Human Rights resolutions 1992/11 of 21 February 1992, 1993/13 of 26 February 1993, 1994/12 of 25 February 1994 and 1995/16 of 24 February 1995 and its own resolution 1992/27 of 27 August 1992,
establishing the mandate for the study on human rights and extreme poverty which the Special Rapporteur was to prepare in consultation with persons living in extreme poverty and persons working alongside them,
Taking note of Commission on Human Rights resolution 1996/10 of 11 April 1996, in which the Special Rapporteur was invited to include follow-up measures in the recommendations he would submit in his final report,
Recalling its resolution 1995/28 of 24 August 1995, in which it requested the Special Rapporteur to submit his final report to it at its forty-eighth session,
Welcoming with interest the final report by Mr. Leandro Despouy on human rights and extreme poverty (E/CN.4/Sub.2/1996/13),
1. Expresses its deep satisfaction to the Special Rapporteur for having prepared his study in consultation with persons living in extreme poverty, thereby focusing attention on the links between human rights and extreme poverty and shedding new light on the indivisibility and interdependence of human rights;
2. Welcomes the recommendations contained in the final report on human rights and extreme poverty and, in particular, the recommendation requesting the United Nations High Commissioner for Human Rights to ensure follow-up, with the possible assistance of experts, while continuing to give priority to the participation of persons living in extreme poverty and the non-governmental organizations which represent them;
3. Requests the Commission on Human Rights to endorse the conclusions and recommendations contained in the report;
4. Expresses the wish that the final report of the Special Rapporteur be published by the United Nations in all official languages;
5. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I, draft decision 3.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. IX.]
1996/24. Question of the impunity of perpetrators of violations of human rights (economic, social and cultural rights)
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, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, other relevant human rights instruments and the Geneva Conventions of 12 August 1949,
Recalling the interdependence and indivisibility of civil and political rights and economic, social and cultural rights,
Convinced that the increasingly widespread practice worldwide of ensuring impunity for perpetrators of violations of human rights is a fundamental obstacle to the observance of human rights,
Recalling its resolution 1992/23 of 27 August 1992, in which it decided to request Mr. El Hadji Guissé and Mr. Louis Joinet to carry out a study on the impunity of perpetrators of violations of human rights, and Commission on Human Rights resolution 1993/43 of 5 March 1993, in which the Commission endorsed the decision of the Sub-Commission,
Recalling also its resolution 1993/37 of 26 August 1993 and its resolution 1994/34 of 26 August 1994, in which it decided, in order to facilitate the treatment of the question, to entrust Mr. Joinet with the completion of the first aspect, concerning civil and political rights, and Mr. Guissé with the second aspect, concerning economic, social and cultural rights, as well as its resolution 1995/34 of 24 August 1995,
Bearing in mind section II, paragraph 91, of the Vienna Declaration and Programme of Action (A/CONF.157/23), in which the World Conference on Human Rights supported the efforts of the Commission and the Sub-Commission to intensify opposition to the practice of ensuring impunity for perpetrators of serious violations of human rights,
1. Welcomes with satisfaction the second interim report on the question of the impunity of perpetrators of violations of human rights (economic, social and cultural rights) prepared by Mr. El Hadji Guissé (E/CN.4/Sub.2/1996/15);
2. Requests the Special Rapporteur to submit his final report to the Sub-Commission at its forty-ninth session;
3. Requests the Secretary-General to provide the Special Rapporteur with any assistance required to enable him to discharge his task;
4. Invites Governments, competent bodies of the United Nations, the specialized agencies, regional intergovernmental organizations and non-governmental organizations to provide or continue to provide information on the question;
5. Decides to consider the question of the impunity of perpetrators of violations of human rights (economic, social and cultural rights) at its forty-ninth session under the agenda item entitled "The realization of economic, social and cultural rights".
35th meeting
29 August 1996
[Adopted without a vote. See chap. IX.]
1996/25. The realization of economic, social and cultural rights
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Deeply concerned that more than 800 million people throughout the world, particularly in developing countries, do not have enough food to meet their basic nutritional needs,
Having examined, at its forty-eighth session, the situation with respect to the existence and causes of the extreme poverty prevailing in many parts of the globe at a time when the economic environment is changing rapidly and the impact of extreme poverty on the realization of economic, social and cultural rights, including the right to an adequate standard of living, adequate food and health,
Appeals to the world's leaders, through the Commission on Human Rights, when they assemble in Rome for the World Food Summit later this year:
(a) To reaffirm the fundamental right of every man, woman and child to be free from hunger, as this right is firmly established in international human rights law;
(b) To propose ways in which the right to food can be further clarified and implemented;
(c) To ensure that due advantage is taken of the past and present work
of the Commission on Human Rights and the Sub-Commission, as well as of the United Nations treaty bodies monitoring the relevant international human rights legal instruments, in particular the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child, regarding the right to adequate food and other rights relevant to the satisfaction of the nutritional needs of the human being for survival, development, productivity and well-being.
35th meeting
29 August 1996
[Adopted without a vote. See chap. IX.]
1996/26. Human rights and income distribution
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Reaffirming the indivisibility, interdependence and interrelated nature of economic, social and cultural rights and civil and political rights,
Mindful that the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and a wide range of additional texts provide unequivocally that all persons are entitled to the full realization of economic, social and cultural rights,
Recalling the Declaration on the Right to Development adopted by the General Assembly in the annex to its resolution 41/128 of 4 December 1986,
Recalling section I, paragraph 10, of the Vienna Declaration and Programme of Action (A/CONF.157/23), in which the World Conference on Human Rights, inter alia, reaffirmed the right to development as a universal and inalienable right and an integral part of human rights, and urged States and
the international community to promote effective international cooperation for the realization of the right to development and the elimination of obstacles to development,
Taking particular account of the results of the World Summit for Social Development, held at Copenhagen from 6 to 12 March 1995, especially the recommendations of its Programme of Action (A/CONF.166/9), concerning the United Nations system, inter alia, the need to strengthen United Nations operational activities for development in order to implement the World Summit outcome, and the United Nations system's capacity for gathering and analysing information and developing indicators of social development, taking into account the work carried out by different countries, particularly by developing countries (para. 99 (e)),
Aware that all States have legally binding obligations to respect, protect and fulfil economic, social and cultural rights,
Convinced of the fundamental role of education in ensuring the exercise of human rights and providing equality of opportunity for all,
Recalling the reports on the realization of economic, social and cultural rights submitted by the Special Rapporteur, Mr. Danilo Türk, in particular his final report, which addressed a range of issues concerning the relationship between the enjoyment of human rights and income distribution (E/CN.4/Sub.2/1992/16, paras. 76-84),
Taking account of Mr. Asbjørn Eide's preparatory document on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution (E/CN.4/Sub.2/1994/21), the reports submitted by the Special Rapporteur on human rights and extreme poverty, Mr. Leandro Despouy (E/CN.4/Sub.2/1993/16, E/CN.4/Sub.2/1994/19,
E/CN.4/Sub.2/1995/15 and E/CN.4/Sub.2/1996/13), and the report of the seminar on extreme poverty and the denial of human rights, held in New York (E/CN.4/1995/101),
Recalling its resolution 1994/40 of 26 August 1994 in which it entrusted the Special Rapporteur, Mr. José Bengoa, with the preparation of a study on the enjoyment of human rights and income distribution, Commission on Human Rights decision 1995/105 of 24 February 1995 approving the mandate of the Special Rapporteur and Economic and Social Council decision 1995/295 of 24 July 1995 endorsing that decision,
Concerned that the implementation of economic, social and cultural rights, in general, and of the right to education, in particular, has not yet received sufficient attention within the United Nations human rights framework,
Aware that the relationship between income distribution and growing levels of poverty, as well as the violation of human rights, requires further in-depth research and analysis by the human rights community,
Reiterating the fundamental principles of equality of opportunity, human dignity, equity and justice,
Affirming the inherent link between the enjoyment of all human rights, in particular economic, social and cultural rights, and the striving towards a more equitable distribution of economic resources both within and between States,
Acknowledging that income disparity leads to the unfair treatment of, in particular, children, women and other vulnerable groups of society, who are discriminated against and denied the right to the same opportunities as the rest of the population,
Bearing in mind that it is necessary to analyse and overcome the obstacles that prevent societies from achieving greater equality of opportunity and better income distribution,
Considering that better income distribution would lead to more integrated and mutually supportive societies and, at the international level, to better conditions for maintaining world peace,
1. Welcomes the provisional report on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution, prepared by the Special Rapporteur, Mr. José Bengoa, (E/CN.4/Sub.2/1996/14);
2. Endorses the conclusion, initially established in Mr. Asbjørn Eide's preparatory document and repeated in Mr. Bengoa's preliminary report (E/CN.4/Sub.2/1995/14) that the concentration of wealth constitutes a serious obstacle to the realization of human rights, be they economic, social, cultural, civil or political, and that equality of opportunity is an essential element for participating effectively in the development process and for obtaining a share of the benefits deriving from it;
3. Reiterates its agreement with the work plan presented in the preliminary report, especially the suggestion that the outcome of the Copenhagen Summit for Social Development should be taken into account and followed up and encouragement given to the discussions needed for the most effective and rapid achievement of its objectives;
4. Requests the Special Rapporteur to pay particular attention to the impact of the enjoyment of human rights and, in particular, of the right to education, on income distribution;
5. Also requests the Special Rapporteur to take special care to analyse the indicators needed to monitor the gradual full satisfaction of economic, social and cultural rights;
6. Requests the Secretary-General to organize a seminar of experts to develop appropriate indicators, as provided for in the Programme of Action of the World Summit for Social Development (A/CONF.166/9, para. 36 (n)), and to monitor the implementation of the commitments made by Governments, as set out in paragraph 36 (a) to (m) of the Programme of Action;
7. Requests the Secretary-General to invite Governments, United Nations bodies, the specialized agencies and intergovernmental and non-governmental organizations to provide the Special Rapporteur with information relevant to the preparation of his report and urges them to participate actively in the work of the Sub-Commission;
8. Also requests the Secretary-General to provide the Special Rapporteur with all the assistance he may require for the preparation of his study;
9. Requests the Special Rapporteur to submit his final report to the Sub-Commission at its forty-ninth session;
10. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I, draft decision 4.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. IX.]
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolutions 1991/12 of 26 August 1991, 1992/14 of 27 August 1992, 1993/41 of 26 August 1993, 1994/39 of 26 August 1994 and 1995/29 of 24 August 1995,
Recalling also Commission on Human Rights resolution 1993/77 of 10 March 1993 and the analytical report on forced evictions (E/CN.4/1994/20) prepared by the Secretary-General and submitted to the Commission at its fiftieth session,
Taking note of Economic and Social Council decision 1996/290 of 24 July 1996 on forced evictions, in which the Council authorized the holding of an expert seminar on the practice of forced evictions with a view to developing comprehensive human rights guidelines on development-based displacement,
Reaffirming that every woman, man and child has the right to a secure place to live in peace and dignity, which includes the right not to be evicted from one's home, land or community,
Recognizing that the often violent practice of forced eviction involves the coerced and involuntary removal of persons, families and groups from their homes, lands and communities, whether or not deemed legal under prevailing systems of law, resulting in greater homelessness and inadequate housing and living conditions,
Aware that forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a range of actors, all of which possess legal obligations to refrain from such practices,
Aware also that discriminatory motivations are the actual basis of a large number of forced evictions,
Emphasizing that ultimate legal and political responsibility for preventing forced evictions rests with Governments,
Recalling that General Comment No. 2 (1990) on international technical assistance measures, adopted by the Committee on Economic, Social and Cultural Rights at its fourth session, states, inter alia, that international agencies should scrupulously avoid involvement in projects which involve, among other things, large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation (E/1990/23, annex III, para. 6),
Noting with appreciation that the Committee on Economic, Social and Cultural Rights, in its General Comment No. 4 (1991) on the right to adequate housing, considered that instances of forced eviction were, prima facie, incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights and could only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law (E/1992/23, annex III, para. 18),
Taking note of the observations of the Committee on Economic, Social and Cultural Rights concerning forced evictions, in which the Committee clearly equated this practice with violations of the obligations arising under the International Covenant on Economic, Social and Cultural Rights,
Recalling that forced evictions are unacceptable under international human rights law, unless accompanied by all necessary legal and other safeguards, including due process, when carried out against any persons, notwithstanding their tenure status,
Taking note of the explicit recommendations concerning the practice of forced evictions contained in the final report of the Special Rapporteur on the right to adequate housing (E/CN.4/Sub.2/1995/12, chap. VIII),
Noting the provisions on forced evictions contained in the Habitat Agenda (A/CONF.165/14) adopted by the United Nations Conference on Human Settlements (Habitat II) convened in Istanbul in June 1996,
Aware of the many similarities between the phenomena of forced evictions, internal displacement, population transfer, mass expulsions, mass exodus, "ethnic cleansing" and other practices involving the coerced and involuntary movement of people from their homes, lands and communities,
1. Reaffirms that the practice of forced eviction constitutes a gross violation of a broad range of human rights, in particular the right to adequate housing, the right to remain, the right to food, the right to freedom of movement, the right to privacy, the right to security of the home, the right to security of the person, the right to security of tenure, the right to equality of treatment and a variety of additional rights;
2. Strongly urges Governments to undertake immediately measures at all levels aimed at eliminating the practice of forced eviction through, inter alia, immediately renouncing existing plans involving forced evictions, repealing legislation allowing forced evictions and ensuring the right to security of tenure to all citizens and other residents;
3. Also strongly urges Governments to confer legal security of tenure on all persons, in particular those currently threatened with forced eviction, and to adopt all necessary measures giving full protection against forced eviction based upon effective participation, consultation and negotiation with affected persons or groups;
4. Recommends that all Governments provide immediate restitution, compensation and/or appropriate and sufficient alternative accommodation or land, consistent with their wishes, rights and needs, to persons and communities that have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups, and recognizing the obligation to ensure such provision in the event of any forced eviction;
5. Invites all international financial, trade, development and other related institutions and agencies to take fully into account the views contained in the present resolution and other pronouncements under international human rights and humanitarian law on the practice of forced eviction;
6. Requests the United Nations High Commissioner for Human Rights to give due attention to the practice of forced eviction in discharging his responsibilities and to undertake measures, whenever possible, to persuade Governments to halt planned forced evictions and to ensure the provision of adequate compensation when evictions have already occurred;
7. Requests the United Nations Centre for Human Settlements (Habitat) in implementing its housing rights strategy (HS/C/15/INF.7) and the Habitat Agenda (A/CONF.165/14) adopted by the United Nations Conference on Human Settlements (Habitat II) to do everything within its power to prevent the practice of forced eviction by, inter alia, using the good offices of the Secretary-General to persuade Governments to refrain from carrying out forced evictions and by compiling annual lists of all eviction cases brought to its attention;
8. Requests the Secretary-General, in accordance with Economic and Social Council decision 1996/290 of 24 July 1996, to convene an expert seminar on the practice of forced evictions and the relationship of this practice to internationally recognized human rights, with a view to developing a set of comprehensive human rights guidelines on forced evictions, including development-based displacement and forced evictions carried out in conjunction with international events, prior to the forty-ninth session of the Sub-Commission;
9. Requests the Secretary-General to submit the report of the expert seminar and the aforementioned guidelines to the Sub-Commission at its forty-ninth session;
10. Decides to consider the issue of forced evictions at its forty-ninth session under the agenda item entitled "The realization of economic, social and cultural rights" and to determine how most effectively to continue its consideration of the issue of forced evictions.
35th meeting
29 August 1996
[Adopted without a vote. See chap. IX.]
1996/28. Right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling Commission on Human Rights resolution 1994/35 of 4 March 1994, in which the Commission recommended that the Sub-Commission, in conformity with Sub-Commission resolution 1993/29 of 25 August 1993, take measures to examine the basic principles and guidelines proposed by the Special Rapporteur, Mr. Theo van Boven, in his study on the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms (E/CN.4/Sub.2/1993/8) with a view to making proposals thereon and reporting to the Commission;
Recalling also its decision 1995/117 of 24 August 1995, in which it requested the former Special Rapporteur to submit, without financial implications, in time for the Sub-Commission's consideration at its forty-eighth session, a revised set of the proposed basic principles and guidelines in the light of the existing relevant international instruments;
Taking note of Commission on Human Rights resolution 1996/35 of 19 April 1996, in which the Commission encouraged the Sub-Commission to continue to give consideration to the basic principles and guidelines proposed by the former Special Rapporteur with a view to making substantial progress on this matter;
Expressing its appreciation to the former Special Rapporteur for having submitted, in time for the Sub-Commission's consideration at its forty-eighth session, a revised text of the basic principles and guidelines on the right to reparation for victims of gross violations of human rights and humanitarian law (E/CN.4/Sub.2/1996/17);
1. Decides to transmit the revised draft basic principles and guidelines on the right to reparation for victims of gross violations of human rights and humanitarian law to the Commission on Human Rights for its consideration together with the comments of the sessional working group on the administration of justice and the question of compensation (E/CN.4/Sub.2/1996/16, paras. 10-32), and the comments of the Sub-Commission during the present session;
2. Requests the former Special Rapporteur, Mr. Theo van Boven, to prepare, without financial implications, a note taking into account the comments and observations of the working group and the Sub-Commission referred to in the previous paragraph, in order to facilitate the examination by the Commission on Human Rights of the draft revised basic principles and
guidelines.
35th meeting
29 August 1996
[Adopted without a vote. See chap. XI.]
1996/29. The right to a fair trial
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolution 1994/35 of 26 August 1994 in which it expressed its appreciation to the Special Rapporteurs, Mr. Stanislav Chernichenko and Mr. William Treat, for their final report on the right to a fair trial and a remedy, and approved their proposal to compile the entire study so that it could be published in one volume to be issued under the United Nations Human Rights Study Series,
Recalling also Commission on Human Rights decision 1995/110 of 3 March 1995, in which the Commission endorsed the proposal by the Sub-Commission that the full study entitled "The right to a fair trial: current recognition and measures necessary for its strengthening" be published in all the official languages of the United Nations,
Recalling further Economic and Social Council decision 1995/299 of 25 July 1995, in which it approved the endorsement by the Commission of the request of the Sub-Commission to publish the compiled report on the right to a fair trial and a remedy,
Noting with interest the International Symposium on the Right to a Fair Trial, held from 31 January to 3 February 1996 at the Max Planck Institute of Comparative Public Law and International Law in Heidelberg, Germany,
Recognizing the successful completion of Mr. William Treat's term as a member of the Sub-Commission and as a Special Rapporteur on the right to a fair trial,
1. Requests that Mr. Stanislav Chernichenko work in cooperation with Mr. David Weissbrodt to compile and update the study on the right to a fair trial and a remedy so that it can be published in one volume in the United Nations Human Rights Study Series in all the official languages of the United Nations;
2. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I, draft decision 5.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. XI]
1996/30. Question of human rights and states of emergency
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Having considered the ninth annual report on the question of human rights and states of emergency (E/CN.4/Sub.2/1996/19 and Corr.1) submitted by the Special Rapporteur, Mr. Leandro Despouy,
1. Thanks the Special Rapporteur for his ninth annual report, which, after updating, will be submitted to the Commission on Human Rights for consideration at its fifty-third session;
2. Requests the Special Rapporteur to update the list of States which have proclaimed, extended or terminated a state of emergency with a view to its consideration by the Sub-Commission at its forty-ninth session, and requests him to submit final conclusions on the protection of human rights during states of emergency, together with specific recommendations as to how this question should be dealt with in the future;
3. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I, draft decision 6.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. XI.]
1966/31. Discrimination against indigenous peoples
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind that one of the purposes of the United Nations, as set forth in the Charter, is the achievement of international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without discrimination as to race, sex, language or religion,
Reaffirming the urgent need to recognize, promote and protect more effectively the human rights and fundamental freedoms of indigenous peoples,
Recalling Economic and Social Council resolution 1982/34 of 7 May 1982, in which the Council authorized the Sub-Commission to establish annually a working group on indigenous populations,
Taking note with appreciation of the report of the Working Group on Indigenous Populations on its fourteenth session (E/CN.4/Sub.2/1996/21 and Corr.1) and, in particular, of its conclusions and recommendations,
Recalling Commission on Human Rights resolution 1993/30 of 5 March 1993, in which the Commission recommended to all thematic rapporteurs, special representatives, independent experts and working groups to pay special attention, within the framework of their mandates, to the situation of indigenous people,
Mindful of the relevant recommendations adopted by the World Conference on Human Rights, in particular those contained in Part I, paragraph 20 and Part II, paragraphs 28 to 32 of the Vienna Declaration and Programme of Action (A/CONF.157/23),
1. Expresses its deep appreciation to the Working Group on Indigenous Populations and in particular to its Chairperson-Rapporteur, Ms. Erica-Irene A. Daes, for the work accomplished during its fourteenth session;
2. Requests the Secretary-General to transmit the report of the Working Group on its fourteenth session to indigenous organizations, Governments and intergovernmental and non-governmental organizations concerned, as well as to all thematic rapporteurs, special representatives, independent experts and working groups;
3. Requests that the report of the Working Group be made available to the Commission on Human Rights at its fifty-third session;
4. Recommends that the Working Group cooperate as a body of experts in any conceptual clarifications or analysis which might assist the working group established by the Commission on Human Rights in its resolution 1995/32 of 3 March 1995 to elaborate further the draft United Nations declaration on the rights of indigenous peoples;
5. Expresses its appreciation to the Chairperson-Rapporteur of the Working Group on Indigenous Populations, Ms. Erica-Irene A. Daes, for her working paper on the concept of "indigenous people" (E/CN.4/AC.4/1996/2);
6. Requests the Secretary-General to transmit the working paper on the concept of "indigenous people" to Governments, intergovernmental organizations and indigenous peoples' organizations for their comments for submission to the Working Group at its fifteenth session;
7. Requests the Chairperson-Rapporteur to prepare a supplementary note on the concept of "indigenous people", taking into account, inter alia, any comments and relevant views she may receive;
8. Welcomes the debate on indigenous health at the fourteenth session of the Working Group and the participation of the World Health Organization;
9. Endorses the recommendation of the Working Group to highlight specific topics at its future sessions;
10. Recommends that the Working Group continue to address health and other important issues, including education, development, environment and land, at its future sessions;
11. Requests the Secretary-General to invite Governments, intergovernmental organizations and indigenous and non-governmental organizations to provide information and data, in particular on matters relating to "indigenous peoples: environment, land and sustainable development", which will be the principal item on the agenda of the fifteenth session of the Working Group, as well as health, to be made available as background papers at that session;
12. Requests the Chairperson-Rapporteur of the Working Group to inform the Board of Trustees of the United Nations Voluntary Fund for Indigenous
Populations that the Working Group at its fifteenth session will highlight land and environment issues, so that the Board can bear this in mind when it meets for its tenth session in 1997;
13. Requests the Secretary-General to prepare an annotated agenda for the fifteenth session of the Working Group containing, inter alia, the following items: standard-setting activities, including a sub-item on the concept of "indigenous peoples"; review of developments, including sub-items on "indigenous peoples: environment, land and sustainable development" and "indigenous health"; a permanent forum for indigenous people; the International Decade of the World's Indigenous People; and the study on treaties, agreements and other constructive arrangements between States and indigenous peoples;
14. Recommends that the Commission on Human Rights request the Economic and Social Council to authorize the Working Group to meet for five working days prior to the forty-ninth session of the Sub-Commission;
15. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I, draft decision 7.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. XV.]
1996/32. United Nations Voluntary Fund for Indigenous Populations and Voluntary Fund for the International Decade of the World's Indigenous People
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind Article 71 of the Charter of the United Nations and Economic and Social Council resolution 1296 (XLIV) of 23 May 1968,
Recalling General Assembly resolution 40/131 of 13 December 1985 establishing the United Nations Voluntary Fund for Indigenous Populations,
Recalling also General Assembly resolution 48/163 of 20 December 1993 establishing the Voluntary Fund for the International Decade of the World's Indigenous People,
Noting the concern expressed by some indigenous and governmental delegations at the fourteenth session of the Working Group on Indigenous Populations about the need for transparency in the management of the two Voluntary Funds,
Recommends that the relevant United Nations departments establish separate accounts and separate bodies for the Voluntary Fund for the
International Decade and the Voluntary Fund for Indigenous Populations and, if possible, transfer the financial management of the Funds from New York to Geneva.
35th meeting
29 August 1996
[Adopted without a vote. See chap. XV.]
1996/33. Discrimination in the context of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS)
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recognizing that the increasing challenges presented by the HIV/AIDS epidemic require intensified efforts to ensure universal respect for and observance of fundamental human rights and freedoms, as well as the avoidance of HIV/AIDS-related discrimination and stigma,
Bearing in mind that, as recognized by the World Health Assembly in its resolution WHA45.35 of 14 May 1992, there is no public health rationale for any measures that limit the rights of the individual, notably measures establishing mandatory testing,
Convinced that discrimination against any person on the grounds of AIDS or HIV infection, actual or presumed, is a violation of fundamental rights and freedoms,
Recognizing that persons suffering from disadvantaged socio-economic or legal status, such as women, children, indigenous peoples, minorities, refugees, migrants, sex workers, men who are homosexual, injecting drug users and prisoners, are more vulnerable to the risk of HIV infection owing to limited or no access to education, health care and social services, and that they suffer disproportionately from the economic and social consequences of the HIV/AIDS epidemic,
Recognizing also that the clinical, social and cultural elements of HIV/AIDS, including the impairment which can result from it and the ignorance, discrimination and stigma which surround it, indicate that it is appropriate to consider HIV/AIDS as a disability for purposes of protection against discrimination,
Alarmed at the increasing rate of HIV infection among women and children, exacerbated by the continuing subordination of women and the exploitation of children, including child prostitution and pornography,
Concerned that fear, ignorance and intolerance continue to cause stigmatization of and prejudice against people affected by HIV/AIDS, including those presumed to be infected or at risk of infection, resulting in violence, detention and discrimination in the areas of health care, employment, education, housing, social welfare, travel and the granting of asylum,
Expressing its grave concern that people living with HIV/AIDS, as well as those presumed to be infected, continue to be discriminated against in law, policy and practice,
Emphasizing the responsibility of Governments to take all the necessary measures to counter discrimination, prejudice and stigma, to ensure the full realization of all human rights and freedoms by people affected by HIV/AIDS, and to strengthen national and international mechanisms that are concerned with HIV/AIDS-related human rights and ethics,
Welcoming the establishment of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the progress made towards the integration of a strong human rights component throughout the strategies and work of the Programme,
Welcoming also the organization of a second international expert consultation on human rights and HIV/AIDS, with a view to elaborating guidelines for States on the promotion and protection of fundamental human rights and freedoms in the context of HIV/AIDS,
1. Reconfirms that discrimination on the basis of HIV or AIDS status, actual or presumed, is prohibited by existing international human rights standards and that the term "other status" in non-discrimination provisions in international human rights texts should be interpreted to cover health status, including HIV/AIDS;
2. Confirms that it is appropriate to consider HIV/AIDS as a disability for purposes of protection against discrimination;
3. Calls upon all States to ensure that their legislation, policies and practices, including those in the context of HIV/AIDS, respect international human rights standards, prohibit HIV/AIDS-related discrimination and do not have the effect of inhibiting HIV/AIDS prevention and care programmes, in particular with respect to women, children, indigenous peoples, minorities, refugees, migrants, sex workers, men who are homosexual, injecting drug users and prisoners;
4. Also calls upon all States to take all the necessary steps to advance the legal, economic and social status of women, children, minorities, indigenous peoples, migrants and other groups suffering lack of full enjoyment of their fundamental human rights and freedoms, in order to reduce their vulnerability to HIV infection and to the adverse socio-economic consequences of the AIDS pandemic;
5. Calls upon the special rapporteurs, representatives and working groups, as well as other United Nations human rights bodies, to address all HIV-related issues arising under their mandates, with particular attention to women, children and vulnerable groups;
6. Requests the United Nations High Commissioner for Human Rights, through the Commission on Human Rights, to continue his efforts to ensure sufficient resources within the Centre for Human Rights to address HIV/AIDS-related issues and to incorporate these issues, as appropriate, in all the Centre's activities;
7. Stresses the importance of the organization of a second international expert consultation on human rights and HIV/AIDS with a view to elaborating guidelines for States on the promotion and protection of fundamental human rights and freedoms in the context of HIV/AIDS;
8. Requests UNAIDS to continue the integration of a strong human rights component in all its activities;
9. Strongly urges the Commission on Human Rights to keep under review the issue of HIV/AIDS-related human rights violations and discrimination;
10. Decides to keep the issue of HIV/AIDS-related human rights violations and discrimination under continuous review, and to give consideration to this issue under all relevant items of its agenda, as well as in the work of its relevant working groups and special rapporteurs.
35th meeting
29 August 1996
[Adopted by a roll-call vote of 13 to 2, with
6 abstentions. See chap. V.]
1996/34. International Decade of the World's Indigenous People
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind that one of the purposes of the United Nations, as set forth in the Charter, is the achievement of international cooperation in solving international problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,
Recalling General Assembly resolution 48/163 of 21 December 1993, in which the Assembly proclaimed the International Decade of the World's Indigenous People,
Recalling also that the goal of the Decade is the strengthening of international cooperation for the solution of problems faced by indigenous people in such areas as human rights, the environment, development, education and health,
Taking note of General Assembly resolution 50/157 of 21 December 1995, in which the Assembly adopted the comprehensive programme of activities for the International Decade of the World's Indigenous People,
Recognizing the importance of consultation and cooperation with indigenous peoples in planning and implementing the programme of activities for the Decade and the need for adequate financial support from the international community, including the United Nations and its specialized agencies,
Emphasizing the importance of international and national seminars, workshops and technical meetings on issues relating to indigenous people, with equitable indigenous participation,
Having considered the report of the Working Group on Indigenous Populations on its fourteenth session (E/CN.4/Sub.2/1996/21 and Corr.1),
1. Welcomes the observance of the International Day of Indigenous People;
2. Recommends that in accordance with General Assembly resolution 50/157 of 21 December 1995, the "Draft United Nations declaration on the rights of indigenous peoples" be adopted as early as possible in the International Decade;
3. Also recommends that special attention be given to improving the extent of the participation of indigenous peoples in planning and implementing the activities of the Decade;
4. Further recommends that the Centre for Human Rights organize a workshop of indigenous journalists, with the participation of appropriate departments of the United Nations and other relevant institutions and persons, in order to improve dissemination of information about the United Nations and its activities relating to indigenous peoples;
5. Welcomes the conclusions and recommendations of the expert seminar on practical experiences regarding indigenous land rights and claims, held in Whitehorse, Canada, from 24 to 28 March 1996;
6. Recommends that the Centre for Human Rights organize further technical meetings on questions relating to indigenous land rights and claims in accordance with the recommendation made at the Whitehorse seminar, focusing in particular on issues such as the negotiation process and co-management regimes;
7. Requests the Secretary-General to include in his report to the General Assembly the suggestions and relevant recommendations made in the course of the debate on the International Decade at the fourteenth session of the Working Group on Indigenous Populations;
8. Requests the Working Group on Indigenous Populations to include in its agenda for its fifteenth session a separate item entitled "Review of the activities carried out under the programme of activities for the International Decade of the World's Indigenous People during the period 1994-1996."
35th meeting
29 August 1996
[Adopted without a vote. See chap. XV.]
1996/35. Permanent forum in the United Nations for indigenous people
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the purposes and principles enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights,
Bearing in mind the recommendation contained in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights that the establishment of a permanent forum for indigenous people in the United Nations system should be considered (A/CONF.157/23, para. II.32),
Recalling General Assembly resolutions 48/163 of 21 December 1993 and 50/157 of 21 December 1995 and Commission on Human Rights resolution 1996/41 of 19 April 1996,
Deeply convinced that the establishment of a permanent forum cannot be considered as an alternative to the continued existence of the Working Group on Indigenous Populations,
Taking note of the report of the workshop held in accordance with Commission on Human Rights resolution 1996/41 (E/CN.4/Sub.2/AC.4/1996/5 and Adds. 1 and 2) and of the documents of the Working Group on Indigenous Populations,
Taking into account the comments and suggestions of participants at the fourteenth session of the Working Group on Indigenous Populations on this important topic,
1. Welcomes the request to the Commission on Human Rights by the General Assembly in its resolution 48/163 of 21 December 1993 to give priority consideration to the possible establishment of a permanent forum for indigenous people in the United Nations system;
2. Also welcomes the request by the Commission on Human Rights, contained in its resolution 1996/41 of 19 April 1996, that the Working Group on Indigenous Populations give priority consideration to the possible establishment of a permanent forum for indigenous people and submit its further comments and suggestions, through the Sub-Commission, to the Commission on Human Rights at its fifty-third session;
3. Requests the Secretary-General, in preparing his review of existing mechanisms, procedures and programmes within the United Nations concerning indigenous people, to take into account the views and opinions on the permanent forum expressed at the fourteenth session of the Working Group on Indigenous Populations and the information received from indigenous peoples and communities, as well as from Governments;
4. Recommends that the Centre for Human Rights, drawing on the results of the Secretary-General's review of existing mechanisms, procedures and programmes within the United Nations concerning indigenous people and of the workshop on a possible permanent forum for indigenous people held in
Copenhagen in June 1995, and in accordance with General Assembly resolution 50/157 of 21 December 1995, organize a second workshop on a permanent forum for indigenous people in early 1997;
5. Welcomes the offer by the Government of Chile to host the second workshop on the possible establishment of a permanent forum for indigenous people;
6. Recommends that the permanent forum be established in the early part of the International Decade of the World's Indigenous People and that its mandate include questions relating to all fields included in the programme of activities for the International Decade;
7. Decides to recommend the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I draft decision 9.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. XV.]
1996/36. Religious freedom of indigenous peoples
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion and Belief, proclaimed by the General Assembly in its resolution 36/55 of 25 November 1981,
Mindful of the "Draft United Nations declaration on the rights of indigenous peoples", especially article 13,
Mindful also of the conclusions and recommendations contained in the report of the expert seminar on practical experiences regarding indigenous land rights and claims (E/CN.4/Sub.2/AC.4/1996/6) and of paragraphs 1 and 12 of the principles and guidelines annexed to the final report of the Special Rapporteur, Ms. Erica-Irene A. Daes, on the protection of the heritage of indigenous people (E/CN.4/Sub.2/1995/26),
Emphasizing the spiritual connection that indigenous peoples have with the land, and the relationship of traditional lands with the practice of indigenous religion,
Strongly emphasizing the concern manifested by representatives of indigenous peoples during the fourteenth session of the Working Group on Indigenous Populations at the violation of their sacred sites and religious ceremonies,
Mindful of the role the United Nations could play in facilitating the resolution of situations involving indigenous peoples and their right to practise their religious beliefs,
1. Affirms that religion or belief, for anyone who professes either, is one of the fundamental elements in his or her conception of life and that freedom of religion or belief should be fully respected and guaranteed;
2. Reiterates article 1 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, which states that everyone should have the right to freedom of religion and that this right includes freedom, either individually or in community with others, to manifest one's religion or belief in worship, observance, practice and teaching;
3. Expresses its deep conviction that human rights and fundamental freedoms must be respected by institutions of local, internal or autonomous self-government, no less than by States;
4. Invites the Special Rapporteur of the Commission on Human Rights on religious intolerance to take into account, in preparing his reports and organizing his field missions, the specific problems faced by indigenous people relating to the destruction and violation of their sacred sites and religious ceremonies;
5. Also invites the Special Rapporteur to take into account the spiritual relationship these indigenous communities have with the land and the significance of traditional lands for the practice of their religion, and to examine the history of events which are responsible for the violation of these communities' right to freedom of religion and religious practice;
6. Recommends that the Special Rapporteur explore in depth the impact that outside influences have on these communities' ability to practise their religion.
35th meeting
29 August 1996
[Adopted without a vote. See chap. XV.]
1996/37. Protection of the heritage of indigenous people
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolution 1991/32 of 29 August 1991, in which it decided to entrust Mrs. Erica-Irene A. Daes, as Special Rapporteur, with the task of preparing a study of measures which should be taken by the international community to strengthen respect for the cultural property of indigenous peoples,
Recalling also its resolution 1993/44 of 23 August 1993, in
which it expressed its deep appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes, for her comprehensive study on the protection
of the cultural and intellectual property of indigenous peoples (E/CN.4/Sub.2/1993/28), and requested her to expand her study with a view
to elaborating draft principles and guidelines for the protection of the heritage of indigenous people,
Recalling further its resolution 1995/40 of 25 August 1995, in
which it expressed its deep appreciation to the Special Rapporteur for her excellent report on the protection of the heritage of indigenous people (E/CN.4/Sub.2/1995/26) and the draft principles and guidelines annexed thereto, and requested her to prepare a supplementary report including a chapter concerning relevant activities undertaken in other forums, and to submit it to the Sub-Commission at its forty-eighth session,
Recalling Commission on Human Rights decisions 1992/114 of 3 March 1992 and 1994/105 of 4 March 1995, and taking note of Commission on Human Rights resolution 1996/63 of 26 April 1996,
Recalling also Economic and Social Council decisions 1992/256 of 20 July 1992, 1994/274 of 25 July 1994 and 1995/297 of 25 July 1995,
Considering that a majority of Governments have recognized the need to respect, preserve and maintain the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation of biological diversity, as described in article 8 (j) of the Convention on Biological Diversity,
Recognizing that an objective of the International Decade of the World's Indigenous People, proclaimed by the General Assembly in its resolution 50/157 of 21 December 1995, is the promotion and protection of the rights of indigenous people and their empowerment to make choices that enable them to retain their cultural identity while participating in political, economic and social life, with full respect for their cultural values, languages, traditions and forms of social organization,
Recognizing also the urgency, repeatedly expressed by representatives of indigenous people at the Working Group on Indigenous Populations, with respect to the need for international standards and cooperation in this field,
Having considered the supplementary report submitted by the Special Rapporteur (E/CN.4/Sub.2/1996/22),
Believing that the principles and guidelines for the protection of the heritage of indigenous people, annexed to the final report of the Special Rapporteur, are consistent with existing standards in the fields of human rights, environment and trade,
Bearing in mind the recommendation of the General Assembly, in its resolution 50/157 of 21 December 1995, that the Secretary-General undertake a review of existing mechanisms, procedures and programmes within the United Nations concerning indigenous people and report to the General Assembly at its fifty-first session,
1. Commends the Special Rapporteur, Mrs. Erica-Irene A. Daes, for the additional information, clarifications and recommendations contained in her supplementary report (E/CN.4/Sub.2/1996/22);
2. Takes note with satisfaction of the detailed comments which the Special Rapporteur received from Governments, specialized agencies and intergovernmental organizations;
3. Decides to transmit to the Commission on Human Rights the principles and guidelines annexed to the final report of the Special Rapporteur (E/CN.4/Sub.2/1995/26), with the recommendation
that they be adopted;
4. Welcomes the decision of the World Intellectual Property Organization, in cooperation with the United Nations Educational, Scientific and Cultural Organization, to organize an international symposium on preservation and legal protection of folklore, and authorizes the Special Rapporteur to participate in the symposium;
5. Also welcomes the high priority given to protection of the traditional knowledge of indigenous peoples by the States parties to the Convention on Biological Diversity, as well as the technical work that is being undertaken by the Executive Secretary of the Convention;
6. Acknowledges the importance of harmonizing the efforts of the various United Nations forums and intergovernmental organizations which have undertaken standard-setting initiatives in the field of intellectual property rights, including the rights of indigenous peoples with respect to their traditional knowledge;
7. Requests the Secretary-General to convene, at the earliest possible opportunity, a technical meeting of representatives of the World Intellectual Property Organization, the United Nations Educational, Scientific and Cultural Organization, the United Nations Environment Programme, the United Nations Development Programme, the Food and Agriculture Organization of the United Nations and the World Trade Organization with the Special Rapporteur to consider how they can contribute to her work and to transmit the report of this meeting to the Sub-Commission and the Commission on Human Rights;
8. Endorses the recommendation of the Special Rapporteur that a member of the Working Group on Indigenous Populations should be entrusted with a mandate to exchange information with all parts of the United Nations system involved in activities concerned with the heritage of indigenous people in order to facilitate cooperation and coordination between the Working Group and these bodies and to promote the greatest possible level of participation of indigenous people in their efforts;
9. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see Chap. I, draft decision 10.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. XV.]
1996/38. Study on indigenous land rights
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Acknowledging that indigenous people in certain countries have been deprived of their human rights and fundamental freedoms and that many of the human rights problems faced by indigenous people are linked to the historical and continuing deprivation of ancestral rights over lands and resources,
Recognizing the profound spiritual, cultural, social and economic relationship that indigenous people have to their total environment and the urgent need to respect and recognize the rights of indigenous people to their lands and resources,
Acknowledging that lack of secure land rights, in addition to continued instability of State land tenure systems and impediments to development initiatives and efforts for the promotion and protection of indigenous communities and the environment, are imperilling the survival of indigenous people,
Recognizing that United Nations organs and Member States have increasingly acknowledged that lands and natural resources are essential to the economic and cultural survival of indigenous people, and that some States have enacted legal measures that uphold indigenous land rights or have established procedures for arriving at legally binding agreements on indigenous land-related issues,
Mindful of the development of relevant international standards and programmes which promote and affirm the rights of indigenous people to their lands and resources, in particular the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization, Agenda 21 adopted by the United Nations Conference on Environment and Development, World Bank Operational Directive 4.20, the draft of the Inter-American Declaration on the Rights of Indigenous Peoples developed by the Inter-American Commission on Human Rights of the Organization of American States, and the draft United Nations declaration on the rights of indigenous people,
Recognizing that despite these international and national advances, problems continue to abound which impede the effective enjoyment of indigenous land rights,
Recalling that many States in which indigenous peoples live have yet to enact laws or policies regarding indigenous land claims or in other instances have not provided adequate implementing mechanisms concerning indigenous land rights that are mutually acceptable to the parties concerned,
Recalling also the activity of the United Nations, which lays the groundwork for a thorough inquiry into the subject of indigenous land rights, in particular, the Sub-Commission's study of the problem of discrimination against indigenous populations (E/CN.4/Sub.2/1986/7 and Add.1-4),
Recalling further the report and recommendations of the expert seminar on practical experiences regarding indigenous land rights and claims, held in Whitehorse, Canada, in March 1996 (E/CN.4/Sub.2/AC.4/1996/6),
Recognizing the urgent need for a systematic inquiry and analysis concerning land rights that would be highly useful to indigenous people and States alike in their efforts to overcome continuing land rights problems and to establish peaceful relations based on respect for human rights and fundamental freedoms,
1. Recommends that the Commission on Human Rights authorize the Sub-Commission to appoint Mrs. Erica-Irene A. Daes as Special Rapporteur to conduct a comprehensive study on the problem of recognition of and respect for indigenous land rights, which would, inter alia, provide: (a) a detailed and updated account of the status of efforts to secure indigenous land rights and of the problems that continue to exist in this regard; and (b) a catalogue of existing national laws, policies and procedures concerning indigenous land rights. In preparing her study the Special Rapporteur should draw upon indigenous people's experiences in order to make the relevant assessment and constructive, action-oriented recommendations, as well as to propose solutions to problems faced by indigenous people and States in securing the effective enjoyment of indigenous land rights;
2. Recommends the following draft decision to the Commission on Human Rights for adoption:
[For the text, see chap. I, draft decision 11.]
35th meeting
29 August 1996
[Adopted without a vote. See chap. XV.]
1996/39. The relationship between the enjoyment of human rights, in particular economic, social and cultural rights and the right to development, and the working methods and activities of transnational corporations
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling the provisions of the Charter which establish that one of the purposes of the United Nations is to achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights for all,
Reaffirming the commitment of States Members of the United Nations, contained in Article 56 of the Charter, to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55 of the Charter,
Conscious that the Universal Declaration of Human Rights provides that everyone is entitled to realization of the economic, social and cultural rights indispensable for his dignity and the free development of his personality,
Reaffirming the Declaration on Social Progress and Development proclaimed by the General Assembly in its resolution 2542 (XXIV) of 11 December 1969, the Declaration and Programme of Action on the Establishment of a New International Economic Order proclaimed by the General Assembly in its resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974, the Charter of Economic Rights and Duties of States adopted by the General Assembly in its resolution 3281 (XXIX) of 12 December 1974, the Declaration of the Principles of International Cultural Cooperation proclaimed by the General Conference of the United Nations Educational, Scientific and Cultural Organization in 1966 and General Assembly resolution 1803 (XVII) of 14 December 1962, entitled "Permanent sovereignty over natural resources",
Mindful that in the Vienna Declaration and Programme of Action (A/CONF.157/23) the World Conference on Human Rights reaffirmed the right to development as a universal and inalienable right and an integral part of all fundamental human rights, reaffirmed that the human person was the central subject of development and underlined the need for a concerted effort to ensure recognition of economic, social and cultural rights at the national, regional and international levels,
Noting that the Working Group on the Right to Development identified the concentration of economic and political power as one of the obstacles to the realization of the right to development,
Noting also that lasting progress towards the implementation of the right to development requires effective development policies at the national level, as well as equitable economic relations and a favourable economic environment at the international level,
Taking into account that the Working Group on the Right to Development recommended the adoption of new international legislation and the creation of effective international institutions to regulate the activities of transnational corporations and banks, and in particular to resume the multilateral negotiations on a code of conduct for transnational corporations,
Bearing in mind the Tripartite Declaration concerning Multinational Enterprises and Social Policy adopted by the International Labour Conference,
Recognizing that the activities of the various organizations in the United Nations system should be closely interrelated and that it is necessary to draw on all the efforts made in the various disciplines relating to the human person in order to promote all human rights effectively,
Recalling its resolutions 1989/20 and 1989/21 of 31 August 1989, 1990/16 of 30 August 1990, 1991/27 of 29 August 1991, 1992/29 of 27 August 1992, 1993/36 of 25 August 1993, 1993/40 of 26 August 1993, 1994/37, 1994/40, 1994/41 and 1994/48 of 26 August 1994 and 1995/31 of 24 August 1995,
Recalling also Commission on Human Rights resolutions 1989/15 of 2 March 1989, 1990/17 and 1990/18 of 23 February 1990, 1991/13 of 22 February 1991, 1992/9 of 21 February 1992, 1993/12 of 26 February 1993, 1994/11 of 25 February 1995, 1995/13 and 1996/15 of 11 April 1996,
Taking into account the background document (E/CN.4/Sub.2/1995/11) prepared by the Secretary-General in accordance with its resolution 1994/37 and the report (E/CN.4/Sub.2/1996/12 and Corr.1) submitted by the Secretary-General in accordance with its resolution 1995/31,
1. Reiterates its endorsement of the conclusion, initially formulated in the preparatory document prepared by Mr. Asbjørn Eide (E/CN.4/Sub.2/1994/21) and repeated in the preliminary report of the Special Rapporteur, Mr. José Bengoa (E/CN.4/Sub.2/1996/14), that the concentration of wealth constitutes a serious obstacle to the realization of human rights, be they economic, social, cultural, political or civil;
2. Shares the view expressed by the Special Rapporteur, Mr. El Hadji Guissé, in his second interim report on the question of impunity of perpetrators of violations of economic, social and cultural rights (E/CN.4/Sub.2/1996/15) that certain practices and activities of transnational corporations, when combined with the negative effects of foreign indebtedness and of the deterioration in the terms of trade, constitute obstacles to the realization of the right to development by developing countries and their peoples;
3. Endorses the report submitted by the Secretary-General in accordance with its resolution 1995/31 of 24 August 1995;
4. Reaffirms the Declaration on the Right to Development adopted by the General Assembly in its resolution 41/128 of 4 December 1986, underlining its multidimensional, integrating and dynamic character which favours a partnership for development and constitutes a relevant framework for international cooperation and national action aiming at the universal and effective respect of all human rights in their universality, indivisibility and interdependence;
5. Decides to transmit the background document prepared by the Secretary-General and the report of the Secretary-General to the Commission on Human Rights at its fifty-third session for consideration and action under the agenda item entitled "Question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights";
6. Affirms that the global and multidimensional approach defined in the Declaration on the Right to Development should provide the basis for the work undertaken on the relationship between the enjoyment of human rights and the working methods and activities of transnational corporations;
7. Considers that it would be useful for the Commission on Human Rights to establish, for a three-year period, a working group composed of five experts nominated by Governments, to be appointed by the Chairman of the Commission on Human Rights at its fifty-third session on the basis of equitable geographical representation and in consultation with the regional groups in the Commission, with the following mandate:
(a) To identify and examine the effects of the methods of work and activities of transnational corporations and business entities with franchises and licences from such corporations on economic, social and cultural rights and the right to development;
(b) To investigate, monitor, examine and receive communications and gather information on the effects of the methods of work and activities of transnational corporations on economic, social and cultural rights and the right to development;
(c) To make recommendations and proposals aimed at regulating, at the national, regional and international levels, the methods of work and activities of transnational corporations in order to ensure that these are in keeping with the economic and social objectives of the countries in which they operate, and to promote economic, social and cultural rights and the right to development;
(d) To prepare each year a list of countries and transnational corporations, indicating, in United States dollars, their gross national product or financial turnover, respectively;
8. Invites the Commission on Human Rights to request the Secretary-General to invite Governments, United Nations bodies and agencies, intergovernmental organizations and non-governmental organizations to submit information on the effects of the working methods and activities of transnational corporations on the enjoyment of human rights, in particular economic, social and cultural rights and the right to development;
9. Decides to continue to consider, as a sub-item under the agenda item entitled "The realization of economic, social and cultural rights", the question of the effects of the activities and working methods of transnational corporations on the enjoyment of all human rights, including the right to development.
36th meeting
30 August 1996
[Adopted without a vote. See chap. IX.]
1996/101. Thirtieth anniversary of the International Covenants on Human Rights
At its 2nd meeting, on 6 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, without a vote, to add a new sub-item 16 (a), entitled "Thirtieth anniversary of the adoption of the International Covenants on Human Rights", to its agenda.
[See chap. III.]
1996/102. The right to leave any country, including one's own, and to return to one's own country
At its 2nd meeting, on 6 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, without a vote, to add a new sub-item 18 (c), entitled "The right to leave any country, including one's own, and to return to one's own country", to its agenda.
[See chap. III.]
1996/103. Working group on the administration of justice and the question of compensation
At its 2nd meeting, on 6 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, recalling its decision 1995/103 of 1 August 1995 and its resolution 1994/33 of 26 August 1994, decided, without a vote, to establish a sessional working group on the administration of justice and the question of compensation under agenda item 10.
[See chap. III.]
1996/104. Organization of work
At its 2nd meeting, on 6 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, without a vote, to invite the following persons to participate in its meetings:
(a) Mr. Leandro Despouy to present his final report on human rights and extreme poverty (item 8) and the ninth annual report on the question of human rights and states of emergency (item 10);
(b) Ms. Linda Chavez to present her preliminary report on the situation of systematic rape, sexual slavery and slavery-like practices during periods of armed conflict (item 15);
(c) Mr. Gilberto Saboia, Chairman of the Commission on Human Rights at its fifty-second session, to present the report of the Commission in accordance with paragraph 13 of Commission resolution 1996/25 of 19 April 1996.
[See chap. III.]
1996/105. Voting by secret ballot on agenda item 6
At its 19th meeting, on 19 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, without a vote, pursuant to Economic and Social Council resolution 1991/32 of 31 May 1991, to vote by secret ballot whenever a vote was requested on proposals pertaining to allegations of violations of human rights in countries, including proposals of a procedural nature relating to proposals of a substantive nature.
[See chap. VII.]
1996/106. Monitoring the transition to peace in Guatemala
At its 20th meeting, on 20 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, without a vote:
(a) To authorize the Chairman of the Sub-Commission to issue a statement on the situation of human rights and the progress of the peace process in Guatemala, under agenda item 6;
(b) To urge the Government of Guatemala to:
(i) Intensify its efforts to combat and to prevent violations of fundamental human rights, particularly those affecting the right to life and to the integrity and security of the person;
(ii) Continue to combat impunity, to remove those persons mainly responsible for human rights violations from their posts and to bring them to justice;
(iii) Prevent the proclamation of amnesties or of any other mechanism that grants impunity to violators of human rights;
(c) To encourage the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) to plan and implement, in the relevant negotiations, arrangements for a cease-fire, the demobilization of military personnel and their return together with former combatants to the civilian life of the country, guaranteeing their full enjoyment of civil and political rights;
(d) To continue to follow the development of events in Guatemala and to observe the building of a firm and lasting peace.
[See chap. VII.]
1996/107. Humanitarian situation in Iraq
At its 21st meeting, on 20 August 1996, the Sub-Commission, recalling its decision 1995/107 of 18 August 1995 affirming the need to respect the principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and the relevant provisions of the Geneva Conventions of 12 August 1949 and the two Additional Protocols thereto, recalling also the Declaration of Minimum Humanitarian Standards contained in document E/CN.4/Sub.2/1991/55, deeply concerned at reports of the serious consequences which the embargo imposed on Iraq for the past six years is having on the entire civilian population in Iraq and, in particular, on children, women and the most underprivileged sectors of the population, taking note of the agreement between Iraq and the United Nations on the implementation of Security Council resolution 986 (1995) of 14 April 1995, concerned nevertheless at reliable information according to which children will continue to die after the agreement, since it does not correspond to the minimum needs, in particular for food and medicines, of the civilian population, decided, without a vote, to appeal once again to the international community as a whole and to all Governments, including that of Iraq, to facilitate the supply of food and medicines to the civilian population.
[See chap. VII.]
1996/108. The humanitarian situation in the Republic of Chechnya of the Russian Federation
At its 23rd meeting, on 21 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, by 17 votes to 2, with 4 abstentions, to adopt the following text:
"1. The Sub-Commission on Prevention of Discrimination and Protection of Minorities considers with concern the grave situation of human rights in the Republic of Chechnya of the Russian Federation. It recalls the statements by the Chairman of the Commission on Human Rights at its fifty-first and fifty-second sessions expressing the Commission's deep preoccupation with the continued fighting, despite various cease-fires, the high number of victims and the suffering inflicted on the civilian population (E/1995/23-E/CN.4/1995/176, para. 594 and E/1996/23-E/CN.4/1996/177-, para. 371).
"2. The Sub-Commission further recalls the Nazran Cease-fire Agreement of 10 June 1996 and regrets that it has been repeatedly violated.
"3. The Sub-Commission is alarmed at the announcement of an ultimatum by the commander of the Russian forces that massive strikes, using aircraft as well as ground forces, will be employed against Grozny, the capital of Chechnya.
"4. Bearing in mind that an estimated 40,000 persons, mostly civilians, have been killed in the fighting, the Sub-Commission urges the parties concerned to respect fully the principles of international law, and international humanitarian law in particular.
"5. The Sub-Commission calls urgently for an immediate and lasting cessation of hostilities, other acts of violence and violations of human rights."
[See chap. XX.]
1996/109. The right to freedom of movement
At its 27th meeting, on 23 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, mindful of the links between the protection of minorities, prevention of discrimination, population movements and displacements, freedom of movement, the right to leave and to return to one's own country and the right to seek and enjoy asylum, decided, without a vote, to entrust Mr. Volodymyr Boutkevitch with the task of preparing, without financial implications, a working paper on the right to freedom of movement and related issues and to submit it to the Sub-Commission at its forty-ninth session.
[See chap. XIX.]
1996/110. Human rights and scientific and technological developments
At its 27th meeting, on 23 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, recognizing that everyone has the right to enjoy the benefits of scientific progress and its applications, and noting that at the World Conference on Human Rights it was acknowledged that certain advances, notably in the biomedical and life sciences, as well as in information technology, might have potentially adverse consequences for the integrity, dignity and human rights of the individual, decided, without a vote, to entrust Mr. Osman El-Hajjé with the task of preparing, without financial implications, a working paper on the potentially adverse consequences of scientific progress and its applications for the integrity, dignity and human rights of the individual, and called on the international scientific community and the international organizations concerned to cooperate with Mr. El-Hajjé in carrying out this task.
[See chap. XIII.]
