While this is a long document, it is so broad-based in terms of
issue areas that I am cross-posting it to all of the human rights
conferences on the APC networks. I could edit the article to fit
each issue area and conference but hesitate to do so since it may
be pull out of context....therefore, please be warned it is a long
document and is cross-posted into all of the hr.* conferences.
Debra Guzman
Human Rights Coordinator
APC/ComLink
This information is provided by the United Nations Information
Centre in Sydney for Australia, New Zealand and the South
Pacific.
For further information, please call 283 1144.
Round-up of Session HR/CN/496
31 August
1993
HUMAN RIGHTS SUBCOMMISSION CONCLUDES FORTY-FIFTH SESSION AT
GENEVA
Adopts Over 40 Resolutions and Decisions
(Reproduced as received.)
GENEVA, 27 August (UN Information Service) -- The
Subcommission on Prevention of Discrimination and Protection of
Minorities concluded its forty-fifth session today, ending four
weeks of debate and action on such matters as the elimination of
racial discrimination, violations of human rights and fundamental
freedoms anywhere in the world, the human rights of those infected
with AIDS, the administration of justice, and methods of combating
contemporary forms of slavery.
Twice during the session, sobering juxta positions occurred
between the panel's agenda and events in the world at large.
During the first week, as the Subcommission discussed combating
racism and the elimination of intolerance and discrimination based
on religion or belief, its experts appealed to negotiators meeting
elsewhere in the same building, the Palais des Nations, not to
approve a settlement to the Bosnian civil war based on division of
the country along ethnic lines, and especially not to sanction a
settlement based on the results of what Subcommission members
called the "abhorrent" practices of ethnic and religious
"cleansing".
As the Subcommission began debate on protecting the human
rights of indigenous peoples, news accounts appeared from a remote
corner of Brazil of a massacre by gold prospecters of more than 70
Yanomami Indians. Subcommission experts, observers from
non-governmental organizations, and country delegations expressed
horror and outrage over the killings and said they illustrated how
much indigenous peoples -- even during the United Nations
International Year for the World's Indigenous Peoples -- needed
support and protection.
In other activities connected with the International Year,
the Subcommission adopted resolutions requesting the
Secretary-General to consider establishing a permanent forum for
indigenous peoples within the United
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Nations system, aiming at greater protection of their intellectual
and cultural heritage and recommending the convening of a seminar
on indigenous land rights and claims in which representatives of
indigenous peoples, governments, and experts would participate.
The Subcommission also heard an address by 1992 Nobel Peace Prize
Laureate Rigoberta Menchu of Guatemala, who has been spent during
1993 serving as a United Nations goodwill Ambassador during the
International Year.
Issues drawing spirited debate during the session included
human rights violations involving the "comfort women" from Korea
and other nations who were used as sexual slaves by the Japanese
military during World War II, and reported human rights abuses in
Tibet. Both drew extensive commentary from non-governmental
organizations. The Subcommission responded to the comfort women
controversy by entrusting one of its experts, Linda Chavez, as
Special Rapporteur with the task of undertaking an in-depth study
on the situation of systematic rape, sexual slavery, and
slavery-like practices during wartime, and to consider such
matters as compensation and rehabilitation for victims.
On the issue of Tibet, the Subcommission, through adoption of
a no-action motion on a secret ballot, decided not consider a
proposed resolution that would have urged the Government of China
to facilitate access to all parts of Tibet by the Special
Rapporteurs of the Commission on Human Rights on the questions of
torture, religious intolerance, and extrajudicial, summary or
arbitrary executions, and to the Working Groups on Arbitrary
Detention and Enforced or Involuntary Disappearances. The draft
measure also would have called upon China to permit
representatives of non-governmental human rights organizations to
visit and travel throughout Tibet.
Along with Ms. Chavez, other Subcommission experts were given
new mandates. The panel requested that the Commission on Human
Rights designate Claire Palley as Special Rapporteur on the
question of the implications for human rights of United Nations
actions, including humanitarian assistance. The resolution
followed the addition this session of a new item to the
Subcommission's agenda, "the implication of humanitarian
activities for the enjoyment of human rights". The Subcomission
appointed expert Halima Embarek Warzazi as Special Rapporteur to
update the report on child labour and to extend the study to
include the problem of debt bondage. It called on the Commission
on Human Rights to appoint a Special Rapporteur (as yet unnamed)
to identify attacks against the judiciary and to take steps to
remedy them; and requested Asbjorn Eide to develop a preparatory
document on the relationship between the enjoyment of human rights
-- in particular economic, social, and cultural rights -- and
income distribution.
Other resolutions of note called for improvements in the
human rights situations in Chad, Kosovo, the Palestinian and other
Arab territories occupied by Israel, South Africa, Iraq, East
Timor, Myanmar, Iran, and Bosnia-Herzegovina; and dealt with such
topics as compensation for victims of gross human rights abuses,
with human rights violations occurring through population
transfers, with the relationship between extreme poverty and the
loss of human rights, and with traditional practices affecting the
health of women and children. In a resolution on the right to a
fair trial, the
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Subcommission requested its two Special Rapporteurs on the topic
to include in their final report next year a draft third optional
protocol to the International Covenant on Civil and Political
Rights.
In other action, it endorsed a statement by the Chairman
expressing "profound appreciation and satisfaction" at the end of
the armed conflict and the successful conclusion of the peace
process in El Salvador and a "message of solidarity" in support of
Algerian intellectuals who recently had been the targets of
various forms of intimidation and repression, including
assassination.
The Subcommission also examined in closed meetings
communications from individuals and other sources brought to its
attention under Economic and Social Council resolution 1503
(XLVIII). These communications related to situations which
appeared to reveal consistent patterns of gross and reliably
attested violations of human rights. Earlier in the session, it
decided to study the reform of the 1503 procedure at its 1994
gathering.
To facilitate its research and investigation mandate, the
Subcommission has established working groups which meet regularly
before each annual session. The Working Group on Communications
examines communications received by the Subcommission and brings
attention to those which appear to reveal consistent patterns of
gross and reliably attested violations of human rights. The
Working Group on Slavery reviews developments in contemporary
forms of slavery, which include such practices as child
prostitution and pornography, and trafficking in persons and in
human organs. The Working Group on Indigenous Populations reviews
developments related to the protection of the rights of indigenous
peoples and gives attention to the setting of standards on the
subject.
The Subcommission also has set up a Working Group on the
human rights of persons subjected to any form of detention or
imprisonment. This group meets while the Subcommission's annual
session is under way.
The Subcommission is composed of 26 human rights experts from
the five geographical regions of the world. They are elected by
the Commission on Human Rights and are to act independently of
their countries of origin. The Subcommission was established to
undertake studies and to make recommendations to the Commission on
the topics of prevention of discrimination and the protection of
racial, religious, ethnic and linguistic minorities.
Elimination of Racial Discrimination
Under a resolution on monitoring the transition to democracy
in South
Africa, the Subcommission requested the Secretary-General to bring
to the attention of the South African Government the preliminary
study on the topic prepared by the Subcommission's Special
Rapporteur, Judith Sefi Attah, and also requested him to contact
that Government with a view to enabling the Special Rapporteur to
undertake a special mission to South Africa during the preparation
of her next report.
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In a measure to combat racism and racial discrimination, the
Subcommission recommended that the Commission on Human Rights'
Special Rapporteur on contemporary forms of racism examine
situations in the various regions of the world, beginning with
incidents which were increasing in the developed countries, and
that he look into the theories and attitudes of racial superiority
which incited them. The Subcommission also recommended that a
joint meeting be held between the Subcommission and the Committee
on the Elimination of Racial Discrimination.
Discrimination against Indigenous Peoples
With regard to the cultural and intellectual property of
indigenous
peoples, the Subcommission expressed its deep appreciation to the
Special Rapporteur, Erica-Irene A. Daes, for her comprehensive
study on the protection of the cultural and intellectual property
of indigenous peoples; and affirmed that the heritage of
indigenous peoples was their own property, collective and
inalienable. It decided that the title of the study should be
"Protection of the heritage of the indigenous peoples".
In a decision on the study on treaties, agreements and other
constructive arrangements between States and indigenous
populations, the Subcommission welcomed the discussions held at
the eleventh session of the Working Group on Indigenous
Populations on the first progress report on the study on treaties,
agreements and other constructive arrangements between States and
indigenous populations. It decided to reiterate its request to
the Special Rapporteur, Miguel Alfonso Martinez, to submit a
second progress report on the study to the Working Group at its
twelfth session and to the Subcommission at its forty-sixth
session.
Under a resolution on discrimination against indigenous
peoples, the Subcommission endorsed the recommendation of a
proclamation by the General Assembly of an international decade of
the world's indigenous peoples, to begin from January 1994. It
decided to recommend to the Commission on Human Rights the holding
of a seminar on indigenous land rights and claims, in which
representatives of indigenous peoples, governments and experts
would participate, and requested the Secretary-General to consider
establishing, as soon as possible, a permanent forum for
indigenous peoples in the United Nations system.
Concerning the draft United Nations declaration on the rights
of indigenous peoples, the Subcommission decided to request the
Secretary-General to submit the draft declaration, as soon as
possible, to the appropriate services within the Centre for Human
Rights for its technical revision and to transmit the text to
indigenous peoples and organizations, governments and
intergovernmental and non-governmental organizations as soon as
the technical revision of the draft declaration was completed and
no later than 31 March 1994. The note of transmittal would
contain an explicit reference to the fact that no further
amendments to the technically revised text would be accepted
during the future standard-setting proceedings of the Working
Group. The Subcommission decided that the declaration shall be
entitled "United Nations Declaration on the Rights of Indigenous
Peoples"; and it also decided to
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consider the draft at its forty-sixth session. It recommended to
the Commission on Human Rights and to the Economic and Social
Council to take special measures to enable indigenous peoples to
participate fully and effectively, without regard to consultative
status, in the consideration of the draft declaration.
Human Rights Violations in Any Country
With regard to the situation in Kosovo, the Subcommission
vigorously
condemned measures and practices of discrimination and the
violations of the human rights of the ethnic Albanians of Kosovo
committed by authorities of the Federal Republic of Yugoslavia
(Serbia and Montenegro); urged those authorities to take steps to
bring such violations to an immediate halt, to revoke all
discriminatory legislation, and to re-establish the democratic
institutions of Kosovo. It also requested the Yugoslav
authorities to facilitate the work of officers mandated to inform
the Special Rapporteur on the situation of human rights in the
territory of the former Yugoslavia on the evolution of the
situation of human rights in Kosovo.
In a resolution on the situation of human rights in Chad, the
Subcommission strongly condemned gross and continuing violations
of human rights in the country; called upon the authorities of
Chad to implement the transitional Government's plan of action;
and appealed to the international community to contribute by
appropriate means and positive measures to enhancing the promotion
and protection of human rights and fundamental freedoms there.
Under a resolution on the situation in South Africa, the
Subcommission strongly condemned the perpetrators of the violence
that continued to devastate South Africa and denounced the
Government of South Africa for its failure to stop the violence.
It called upon the Government not to proceed with the execution of
persons convicted and sentenced to death for so-called "security"
or "unrest-related" offences; and to bring to justice members of
security forces and other Government agencies involved in the
killing of residents in black areas or the murder of political
opponents of apartheid. The Subcommission urged the international
community to refrain from establishing international links with
South Africa until an interim Government responsible for a
transition to democratic rule was established; and it vigorously
condemned all military collaboration with South Africa,
particularly in the nuclear field.
On the situation in East Timor, the Subcommission noted with
satisfaction the lifting of restrictions that were imposed upon
the activities of the International Committee of the Red Cross
(ICRC); urged the Indonesian authorities to honour the provisions
of the Geneva Convention relative to the Treatment of Civilian
Persons in Time of War regarding the prohibition on removing
prisoners from their original place of residence; and decided to
consider the situation in East Timor at its forty-sixth session.
In a resolution on the consequences for the enjoyment of
human rights of acts of violence committed by armed groups that
spread terror among the
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population, the Subcommission expressed deep concern at persistent
acts of terrorism; called upon Governments, in accordance with
international standards, to take all necessary and effective
measures to enhance efforts to prevent and combat terrorism; and
called upon the international community to enhance cooperation in
the fight against the spread of terrorism.
Concerning the situation of human rights in Iran, the
Subcommission strongly condemned continuing flagrant human rights
violations there, including the execution of political prisoners
and the assassination of opponents abroad; the stoning, torture,
and degrading treatment of citizens, especially women; and the
continued persecution of minorities. The Subcommission rejected
any cultural or religious justification for the breach of
universal human rights standards; requested the Special
Representative of the Commission on Human Rights to recommend the
strongest measures which could be adopted within the United
Nations framework to eliminate human rights violations in Iran;
and decided to consider the situation there, including the
situation of women and minority groups such as the Baha'is and the
Kurds, at its forty-sixth session.
As for a draft resolution on the situation in Tibet, the
Subcommission adopted a no-action motion by a secret ballot.
Under the draft resolution, the Subcommission would have urged the
Government of China to facilitate access to all parts of Tibet by
the Special Rapporteurs of the Commission on Human Rights on the
questions of torture, religious intolerance, and extrajudicial
executions, among others; and to permit representatives of
non-governmental human rights organizations to visit and travel
through Tibet.
In a resolution on the punishment of the crime of genocide,
the Subcommission reminded States parties to the Convention on the
Prevention and Punishment of the Crime of Genocide of their
obligations; recalled that persons charged with genocide or
related crimes shall be tried, under the terms of the Convention,
by a competent tribunal of the State within which the act was
committed, or by an international tribunal; and urged States to
make every effort to bring to justice all individuals directly or
indirectly involved in the unspeakable crimes committed in Bosnia,
elsewhere in the former Yugoslavia, or in any other part of the
world.
Under a resolution on the situation in the Palestinian and
other Arab territories occupied by Israel, the Subcommission
condemned the policy of Israel for gross violations of rules of
international law and of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War. It also condemned
the continuing policy of deporting Palestinian citizens and
expelling them from their homeland; the establishment of Israeli
settlements in the occupied territories and the inhuman treatment
and terrorist practices which the occupation authorities continued
to exercise against Syrian Arab citizens in the occupied Syrian
Golan. It also requested the Secretary-General to provide the
Subcommission at its forty-sixth session with updated reports and
studies on the matter of Palestine and other occupied Arab
territories.
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The Subcommission, in a resolution on the situation of human
rights in Guatemala, expressed firm support for measures adopted
by the President of the country with a view to strengthening
democratic institutions, human rights, and fundamental freedoms;
exhorted the Government to continue action to guarantee full
observance of human rights by the authorities and armed and
security forces and, with a view to eliminating impunity, to bring
to trial any person guilty of violations of human rights. It
urged the Government to give priority to economic and social
development programmes and to strengthen policies and programmes
concerning the indigenous population.
Under a resolution on the situation in Bosnia and
Herzegovina, the Subcommission appealed to the international
community to reject any permanent partition of the country which
resulted from aggression, intervention and massive violations of
human rights, and in particular from the abhorrent practice of
"ethnic cleansing," which had developed into "religious
cleansing", and to deny the validity of any agreement obtained
under extreme duress from the Government of Bosnia and Herzegovina
for purposes other than a cessation of hostilities paving the way
for a more lasting peaceful settlement. The Subcommission
emphasized that no arrangements for impunity should be included in
the peace plan; and urged that the international tribunal
previously called for be established for the prosecution of
persons responsible for serious violations of international
humanitarian law committed in the territory of the former
Yugoslavia since 1991.
A resolution on the situation of human rights in Haiti and of
the restoration of the democratic process as well as the
economic reconstruction of the country encouraged the
Secretary-General of the United Nations and the Secretary-General
of the Organization of American States to continue efforts at
mediation with a view to achieving the constitutional
normalization of the situation and the return to Haiti of the
constitutional President of the Republic on 30 October. The
Subcommission encouraged the international community to make
available economic and technical resources for the economic
reconstruction of the country; and called on all sectors of
Haitian society to ensure that a peaceful transition could take
place and that democracy could be firmly established in the
country.
On the situation in Myanmar, the Subcommission called upon
the Government of Myanmar to ensure respect for human rights and
fundamental freedoms for all citizens; and to allow full
implementation of the results of the election of 27 May 1990. It
urged the Government to cooperate fully with the Special
Rapporteur of the Commission on Human Rights, and with the
International Red Cross; encouraged it to continue further its
positive cooperation with the office of the United Nations High
Commissioner for Refugees; and invited it to accede to
international human rights instruments it had not signed.
Under a resolution on the situation of human rights in Iraq,
the Subcommission urged the Special Rapporteur on Iraq to visit
the border and marshlands and to report his findings to the
General Assembly; urged that permanent monitors be stationed in
the area of the marshlands, as well as
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permanent aid centres; condemned the violations of human rights
perpetrated by the Government of Iraq; and decided to keep the
situation under review at future Subcommission sessions.
With regard to a resolution on the situation of human rights
in Peru, the Subcommission strongly condemned violations of human
rights by the terrorist groups Sendero Luminoso and Movimiento
Revolucionario Tupac Amaru; welcomed recent attempts by the
Peruvian Government to improve its human rights performance; and
urged Peruvian authorities to adopt necessary measures to
guarantee full compliance with the State's obligations to
investigate and penalize those responsible for human rights
violations, as well as to compensate the victims of such
violations. It also appealed to competent Peruvian authorities
not to extend the application of the death penalty beyond the
limits set out in the American Convention on Human Rights.
The Subcommission also adopted a statement by the Chairman
expressing its profound satisfaction at the end of the armed
conflict and the successful conclusion of the peace process in El
Salvador; and emphasized the importance of peace agreements signed
between the Government and the Frente Farbundo Marti par la
Liberacion Nacional. It also emphasized that the effective
protection of human rights called for continued strengthening of
the judicial system and the Office of the Attorney-General for the
Protection of Human Rights, as well as adaptation of the
organization of the National Civil Police, in accordance with the
provisions of the Peace Agreements and taking into account the
recommendations of the Commission on the Truth; supported the work
being done by the Secretary-General and his representatives; and
appealed to all States to contribute to the consolidation of peace
and to support efforts to ensure full respect for human rights in
El Salvador.
A draft resolution concerning human rights problems in Sri
Lanka was withdrawn after the expert who had introduced it,
Asbjorn Eide, said the Sri Lankan Government that morning had
informed him of steps it would take to improve the situation in
the country.
Administration of Justice
The Subcommission, under a resolution on the right to a fair
trial,
requested the Special Rapporteurs to submit a final report to its
forty-sixth session, including a draft third optional protocol to
the International Covenant on Civil and Political Rights. It
requested the Secretary-General to transmit the draft third
optional protocol to Governments, non-governmental organizations
and the Human Rights Committee; and decided to consider at that
session other recommendations of the Special Rapporteurs for
strengthening the implementation of the right to a fair trial,
including a body of principles on the right to a fair trial and a
remedy.
In a resolution on the application of international standards
concerning the human rights of detained juveniles, the
Subcommission welcomed Commission on Human Rights resolution
1993/80 of 10 March, which had welcomed the proposal by the
Secretary-General to organize, within the framework of the
programme of human rights activities for 1994, a meeting of
experts under the
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auspices of the Centre for Human Rights, the United Nations
Children's Fund and the Crime Prevention and Criminal Justice
Branch of the Centre for Social Development and Humanitarian
Affairs on the application of international standards concerning
the human rights of detained juveniles.
Concerning the privatization of prisons, the Subcommission,
having discussed the outline, expressed its deep satisfaction at
the results of expert Claire Palley's work and decided to request
the Commission on Human Rights to authorize the Subcommission at
its forty-sixth session to appoint one of its members to undertake
a special study, inter alia, on all the issues mentioned in the
outline.
On the question of human rights and states of emergency, the
Subcommission invited Governments to limit the introduction of
states of emergency, particularly in the case of internal unrest,
exclusively to situations sufficiently serious and exceptional to
justify them, in order to avoid making the use of states of
emergency commonplace and thus, possibly, perpetrating them. It
also invited the Special Rapporteur to continue the work with
which he has been entrusted and to submit to the Subcommission, at
its forty-sixth session, the next annual report.
With regard to the submission of information pursuant to
Subcommission resolution 7 (XXVII), of 20 August 1974, the
Subcommission decided to stop consideration of information
received pursuant to that resolution and recommended to the
Secretary-General that he no longer issue reports and synopses of
materials on this subject.
The Subcommission adopted a no-action motion on a resolution
on arbitrary and summary executions in which it would have
expressed its deep concern at the reports of arbitrary and summary
executions in Acheh; and encouraged the Indonesian authorities to
invite the Special Rapporteurs of the Commission on Human Rights
to visit Acheh and other parts of Indonesia with a view to
ascertaining the situation there pertaining to torture and
arbitrary and summary executions.
Independence of Judiciary
Under a resolution on the independence of the judiciary, the
Subcommission called on Governments to strengthen the independence
of judges, lawyers and court officers as a fundamental step to
protect human rights. It recommended that the Commission on Human
Rights create a monitoring mechanism to follow up the question of
the independence and impartiality of the judiciary and also the
nature of the problems which could affect their independence and
impartiality, in the form of a special rapporteur.
Contemporary Forms of Slavery
Under a resolution on slavery and slavery-like practices
during wartime,
the Subcommission decided to entrust Linda Chavez as Special
Rapporteur with the task of undertaking an in-depth study on the
situation of systematic rape, sexual slavery and slavery-like
practices during wartime, including internal
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conflict. It invited her to take into account documentation
received on the right to restitution, compensation and
rehabilitation for victims of gross violations of human rights and
fundamental freedoms and by the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in the
territory of the former Yugoslavia, and to include in her study
relevant facts, legal analysis, conclusions and recommendations.
Concerning the Working Group on Contemporary Forms of
Slavery, the Subcommission decided to appoint expert Halima
Embarek Warzazi Special Rapporteur to update the report on child
labour, and to extend the study to include the problem of debt
bondage; requested the Secretary-General to convey to the World
Tourism Organization the Working Group's grave concern at the
persistence and the development of sex tourism; and urged
specialized agencies to give particular attention to poverty as a
factor leading to or perpetuating slavery and slavery-like
practices.
In a second resolution on the Working Group on Slavery, the
Subcommission recommended the adoption of a draft decision to the
Commission on Human Rights under which a working group, composed
of five independent experts, would be created for a period of
three years to monitor application of the Conventions on slavery.
Under a resolution on additional assistance in studying ways
and means of resolving problems arising from the former
institution of slavery, the Subcommission called upon Governments
concerned, academics, social scientists, and international
non-governmental organizations to undertake social science
research projects on the subject; and called upon the Economic
Commission for Africa and various the United Nations agencies to
support and assist in such research projects and development
plans.
Developments in Fields of Concern to Subcommission
In a resolution on a study concerning the right to
restitution,
compensation and rehabilitation for victims of gross violations of
human rights and fundamental freedoms, the Subcommission shared
the opinion of the Special Rapporteur that the question had
received insufficient attention and should be addressed more
consistently and more globally. It decided to examine further the
proposed basic principles and guidelines included in the study at
its forty-sixth session and for that purpose to establish a
sessional working group, if necessary, with a view to adopting a
body of such principles and guidelines. It also requested the
Secretary-General to invite Governments and competent
intergovernmental and non-governmental organizations to submit
their comments on the proposed basic principles and guidelines
included in the study.
As to the definition of gross and large-scale violations of
human rights as an international crime, the Subcommission decided
to recommend the appointment of Stanislav Chernichenko as Special
Rapporteur to prepare a report entitled "Question of the
recognition of gross and large-scale violations of human rights
perpetrated on the orders of Governments or sanctioned by them as
an international crime". It also recommended that the
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Special Rapporteur include in his report the draft declaration on
the above question.
Under a resolution on discrimination in the context of human
immunodeficiency virus (HIV), the Subcommission appealed to all
States to take all the necessary steps, including the introduction
of protective legislation and appropriate education, to combat
discrimination, prejudice and stigma, to ensure the full enjoyment
of civil, political, economic, social and cultural rights by
people with HIV and AIDS, with particular attention to women,
children and other vulnerable groups. It further called upon all
States to strengthen their efforts to advance the legal, economic
and social status of women and indigenous peoples, as well as of
minorities and other groups to render them less vulnerable to HIV
infection and to the adverse socio-economic consequences of the
pandemic. It expressed grave concern at the continuation of the
exploitation of children and child prostitution as constituting a
serious risk of AIDS transmission.
With regard to human rights and the environment, the
Subcommission requested the Special Rapporteur, Fatma Ksentini, to
submit at its forty-sixth session, a final report on the subject,
which should include a set of conclusions and recommendations
aimed at developing basic principles and guidelines with respect
to human rights and the environment. It also invited the
Secretary-General to organize an expert meeting prior to the
preparation of the final report in order to formulate
recommendations on the way in which the right to environment could
be incorporated into the activities of human rights bodies.
Under a resolution on traditional practices affecting the
health of women and children, the Subcommission considered that
traditional practices such as female genital mutilation,
preference for male children and nutritional taboos represented a
gross violation of human rights. It welcomed the offer of the
Government of Sri Lanka to host the regional seminar for Asia; and
recommended the adoption of a draft decision by the Commission on
Human Rights on the maintenance of the subject of harmful
traditional practices affecting the health of women and children
on the agenda of the Subcommission in so far as they constituted
violations of human rights. It also recommended the extension of
the mandate of the Special Rapporteur, Ms. Warzazi, for one year.
As to the question of the impunity of perpetrators of
violations of human rights, the Subcommission requested its two
Special Rapporteurs to submit a two-part report on the topic at
its next session. It requested them to include conclusions and
recommendations on the first aspect of the question of impunity
concerning civil and political rights. It also decided to
continue its consideration of efforts to combat the impunity of
perpetrators of serious violations of economic and social rights
with a view to drafting a working paper on the second aspect of
the question concerning economic, social and cultural rights.
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Economic, Social and Cultural Rights
The Subcommission, under a resolution on the human rights
dimensions of
population transfer, including the implantation of settlers and
settlements, took note of the preliminary report submitted by
experts Awn S. Al-Khasawneh and Ribot Hatano which had found,
inter alia, that population transfer was, prima facie, unlawful
and violated a number of rights affirmed in human rights and
humanitarian law for both transferred and receiving populations.
It 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; and also invited it
to request the Special Rapporteur to undertake on-site visits to
diverse, ongoing cases of population transfer.
In a resolution on human rights and extreme poverty, the
Subcommission approved the Special Rapporteur's proposals
concerning the holding of the seminar requested by the Commission
on the topic of "Extreme poverty and denial of human rights",
which should be linked to the celebration of the International Day
for the Elimination of Poverty. It also requested the Special
Rapporteur to submit to it, at its forty-sixth session, an interim
report on human rights and extreme poverty.
With regard to the right to adequate housing, the
Subcommission strongly encouraged all Governments to pursue
effective policies and legislation aimed at full realization of
this right, concentrating on those currently homeless or
inadequately housed, and to take into account the particularly
negative impact on housing and living conditions that might result
from the adoption of economic adjustment and other policies based
exclusively upon the dictates of the free market. It decided to
extend the mandate of the Special Rapporteur by one year and asked
him to examine, inter alia, the necessity of adopting an
international declaration or convention on the right to adequate
housing. The Subcommission also urged the Centre for Human Rights
to organize, prior to the completion of the Special Rapporteur's
final report in 1995, an expert seminar on the subject "The right
to adequate housing and the United Nations: towards a system-wide
approach".
Under a resolution on human rights and income distribution,
the Subcommission urged all States to undertake political,
economic, fiscal, social, legal and other necessary measures
designed to close existing gaps in the distribution of income and
to ensure more access to and control over economic and other
resources. It also urged the international community, the bodies
and organizations of the United Nations system, the specialized
agencies, the international financial institutions and other
relevant actors to undertake measures designed to close the
current widening gap in income distribution, both within and
between nations. It decided to entrust expert Asbjorn Eide with
the task of producing a preparatory document on the relationship
between the enjoyment of human rights, in particular economic,
social and cultural rights, and income distribution, at both
national and international levels.
In a resolution on forced evictions, the Subcommission
strongly urged governments to undertake all necessary immediate
measures, at all levels,
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1993
aimed at rapidly eliminating the practice of forced evictions; it
also strongly urged them to confer legal security of tenure to all
persons currently threatened with forced eviction and to adopt all
necessary measures giving full protection against forced
evictions. The Subcommission recommended that all governments
provided immediate restitution, compensation and/or appropriate
and sufficient alternative accommodation or land, consistent with
their wishes or needs, to persons and communities that had been
forcibly evicted, following mutually satisfactory negotiations
with the affected persons or groups.
Protection of Minorities
Under a resolution on the rights of persons belonging to
national or
ethnic, religious or linguistic minorities, the Subcommission
appealed to all States to take all the necessary municipal,
legislative, administrative and other measures to promote and give
effect to the principles of the Declaration on the Rights of
Persons belonging to National or Ethnic, Religious and Linguistic
Minorities, paying special attention to the protection of the
rights of national or ethnic minorities in areas of armed
conflict. It strongly appealed to all States to conclude
bilateral or, where possible, multilateral agreements in order to
ensure the rights of national or ethnic minorities in their
countries, and to observe them in accordance with the standards of
international humanitarian law in cases of armed conflict.
In a resolution on the protection of minorities, the
Subcommission invited States to take note of and to act upon the
recommendations contained in recommendations 4 to 22 of the report
on this subject; underlined that members of minorities should
recognize and abide by their responsibility to society, as noted
in recommendation 20; and invited States to take into account, in
their bilateral and regional cooperation, recommendations 25 to 35
of the report. The Subcommission also recommended that the
Commission on Human Rights study the proposal contained in
recommendation 44 of the report aimed at the establishment of a
working group on minority issues open to representatives of both
Governments and minorities.
Freedom of Movement
The Subcommission adopted a resolution on the situation of
migrant
workers and their families in which it requested host countries to
continue efforts to ensure the human rights and dignity of all
migrant workers and their families; to provide effective
protection for migrant workers and their families against
violence, threats, and intimidation; and invited all Governments
to cooperate with the Special Rapporteur on contemporary forms of
racism, racial discrimination, and xenophobia and related
intolerance, and to establish vigorous policies to prevent and
combat all forms and manifestations of such human rights
violations.
Human Rights and Disability
The Subcommission, under a resolution on the question of the
human rights
of disabled persons, requested the Commission on Human Rights to
take into
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1993
consideration the recommendations of the Special Rapporteur and
particularly to work towards the appointment of an international
ombudsman for the human rights of disabled persons; and requested
the Secretary-General to report to the Commission efforts by
various United Nations agencies for the purposes of envisaging the
establishment of an effective mechanism for coordination and
cooperation on matters involving disabled persons.
Implications of Humanitarian Activities for Human Rights
With regard to the question of the implications for human
rights of
United Nations actions, including humanitarian assistance in
addressing international humanitarian problems and in the
promotion and protection of human rights, the Subcommission
decided to request the Commission on Human Rights to appoint, for
a two-year period, Claire Palley as Special Rapporteur on the
question of the various modalities of possible United Nations
actions under the Charter, including humanitarian assistance when
addressing humanitarian problems, taking into account the
principle of non-intervention and other principles of general
international law enshrined therein and the need further to
develop international cooperation in the humanitarian field and
the promotion and protection of human rights. It requested the
Special Rapporteur to submit a preliminary report to the
Subcommission at its forty-sixth session.
Review of Work of Subcommission
The Subcommission determined that at next year's session a
working group
would be formed to study further its methods of work, with the aim
of ensuring the follow up of the recommendations and conclusions
of the studies conducted under the aegis of the Subcommission and
Commission, and also giving emphasis to the procedures to be
followed under item 6 of the agenda, concerning the violation of
human rights and fundamental freedoms.
Membership of Subcommission
The members and alternates (*) of the Subcommission are:
Miguel Alfonso
Martinez, *Marianela Ferriol Echevarria (Cuba); Awn Shawkat
Al-Khasawneh (Chairman), *Waleed M. Sadi (Jordan); Judith Sefi
Attah, *Christy Ezim Mbonu (Nigeria); Marc Bossuyt, *Guy Genot
(Belgium); Volodymr Boutkevitch,
*Olexandre Kouptchichine (Ukraine); Linda Chavez, *Robert J.
Fortman (United States); Stanislav Valentinovich Chernichenko,
*Teimuraz O. Ramishvili (Russian Federation); Erica-Irene A.
Daes, *Alexis Heraclides (Greece); Leandro Despouy, *Juan Carlos
Hitters (Argentina); Asbjorn Eide (Vice-Chairman), *Jan Helgessen
(Norway); El Hadji Guisse, *Ndary Toure (Senegal); Ribot Hatano,
*Yozo Yokota (Japan); Muksum-Ul-Hakim, *Tofazzal Hossain Khan
(Bangladesh); Claude Heller, *Hector Fix Zamudio (Mexico); Louis
Joinet, *Alain Pellet (France); Ahmed Khalifa, *Ahmed Khalil
(Egypt); Fatma Zohra Ksentini, *Farida Aiouaze (Algeria); Ioan
Maxim (Rapporteur),
*Petru Pavel Gavrilescu (Romania); Claire Palley, *John Merills
(United Kingdom); Said Naceur Ramadhane, *Abdelfettah Amor
(Tunisia); Clemencia Forero Ucros (Vice-Chairperson), Jorge
Orlando Melo (Colombia); Gilberto Vergne Saboia, *Marilia S.
Zelner Goncalves (Brazil); Rajindar Sachar
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(India); Jin Tian, *Daode Zhan (China); Halima Embarek Warzazi,
*Mohamed Benkaddour (Morocco); Fisseha Yimer (Ethiopia)
(Vice-Chairman).
Special Rapporteurs
Miguel Alfonso Martinez, Special Rapporteur on treaties and
agreements
between States and indigenous peoples; Awn Shawkat Al-Khasawneh
and Ribot Hatano, Special Rapporteurs on population transfer;
Judith Sefi Attah Special Rapporteur on transition to democracy in
South Africa; Linda Chavez, Special Rapporteur on the situation of
systematic rape, sexual slavery, and slavery-like practices during
wartime; Stanislav V. Chernichenko and William Treat, Special
Rapporteurs on the right to a fair trial; Erica-Irene A. Daes,
Special Rapporteur on measures to strengthen respect for the
cultural property of indigenous peoples; Leandro Despouy, Special
Rapporteur on extreme poverty and states of emergency; Asbjorn
Eide, Special Rapporteur on solutions to problems involving
minorities; El Hadji Guisse and Louis Joinet, Special Rapporteurs
on impunity; Louis Joinet, Special Rapporteur on independence of
the judiciary; Fatma Zohra Ksentini, Special Rapporteur on human
rights and the environment; Rajindar Sachar, Special Rapporteur on
the right to adequate housing; Halima Embarek Warzazi, Special
Rapporteur on traditional practices affecting women and children
and on child labour and debt bondage.
Non-member Rapporteurs of the Subcommission: Theo Van Boven,
Special Rapporteur on the right to restitution, compensation, and
rehabilitation for victims of gross violations of human rights,
Luis Varela Quiros, Special Rapporteur on causes of discrimination
against HIV-infected people or people with AIDS.
* *** *