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GA/SHC/3347

THIRD COMMITTEE APPROVES TEN DRAFTS ON HUMAN RIGHTS ISSUES, INCLUDES TEXTS ON HAITI, CAMBODIA, RIGHTS OF MINORITIES

11 December 1995


Press Release
GA/SHC/3347


THIRD COMMITTEE APPROVES TEN DRAFTS ON HUMAN RIGHTS ISSUES, INCLUDES TEXTS ON HAITI, CAMBODIA, RIGHTS OF MINORITIES

19951211 The General Assembly would express its concern about recent violence in Haiti, particularly the assassination of a member of the Parliament, according to the terms of one of ten draft resolutions on human rights issues which were approved this morning without a vote by the Third Committee (Social, Humanitarian and Cultural).

By that text, the Assembly would also hope that such acts of violence would not impede continued progress in human rights and the consolidation of constitutional democracy in Haiti. It would express its support for the work of the National Commission of Truth and Justice and the International Civilian Mission in Haiti and ask the Secretary-General to ensure financial and technical resources for the Centre for Human Rights' technical cooperation programme.

In other action, the Committee approved, as orally amended, a draft on the human rights situation in Cambodia which would have the Assembly call on the Cambodian Government to fully observe human rights for all persons within its jurisdiction in accordance with international human rights instruments. It would condemn unreservedly attacks on and threats against United Nations, non-governmental organizations and Cambodian Government staff and individuals and call upon the Government to investigate such attacks and prosecute those responsible.

Also this morning, the Committee approved a draft resolution, as orally amended, by which the Assembly would call upon the High Commissioner for Human Rights to promote the implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. It would also ask the Secretary-General to provide resources for the Centre for Human Rights' advisory and technical assistance services.

In addition, the Committee approved, as orally amended, a draft resolution on respect for the right to universal freedom of travel and vital

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importance of family reunification. Also approved, as orally amended, was a draft on human rights in the administration of justice.

Other drafts approved included one on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and another on national institutions for the protection and promotion of human rights. Two drafts were approved on human rights education, one text on strengthening the rule of law, and another text on the implementation and follow-up to the Vienna Declaration and Programme of Action.

Following the recommendation of the representative of Norway, the Committee postponed action on its draft resolution on the International Covenant on Human Rights until further consultations on the text had been completed.

In other Committee activity this morning, two drafts were introduced by the United States on the human rights situations in Sudan and Cuba. Spain introduced two texts on the human rights situations in Iran and Iraq. Other draft resolutions introduced were on the right to development (by Colombia); human rights and terrorism (by Turkey, with oral amendments); the rape and abuse of women in the areas of conflict in the former Yugoslavia (by Bosnia and Herzegovina); elimination of religious intolerance (by Ireland); and one on strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and promotion of democratization (by the United States).

The representatives of Japan and Turkey spoke in explanation of vote. Cuba and Iran also made statements.

The Committee will meet again at 3 p.m. this afternoon to take action on a number of draft resolutions and hear introduction of other draft texts.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to take action on a number of draft resolutions relating to human rights questions and to hear the introduction of other drafts on the same issue.

By the first draft resolution scheduled for action this morning on International Covenants on Human Rights (document A/C.3/50/L.53), the General Assembly would appeal strongly to all States that had not yet done so to become parties to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights as well as to accede to the Optional Protocols to the Civil and Political Rights Covenant and to make the declaration provided for in the Covenant's article 41 which says in part that "A State party to the present Covenant may at any time decide under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Covenant."

It would also have the Assembly urge States parties to fulfil in good time their reporting obligations under the International Covenants on Human Rights. It would further urge them to take duly into account, in implementing the provisions of the Covenants, the observations made at the conclusion of the consideration of their reports by the Human Rights Committee and by the Committee on Economic, Social and Cultural Rights. The Secretary-General would be requested to consider how to assist the States parties to the Covenants in the preparation of their reports, including seminars or workshops at the national level for the purpose of training government officials engaged in the preparation of such reports.

The draft text is sponsored by Australia, Austria, Belarus, Canada, Costa Rica, Czech Republic, Denmark, El Salvador, Finland, Guatemala, Hungary, Iceland, Italy, Lithuania, Netherlands, New Zealand, Norway, Peru, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Venezuela.

By the terms of another draft resolution, the Secretary-General would be requested to give a high priority to requests from Member States for assistance in the establishment and strengthening of national institutions for the promotion and protection of human rights as part of the programme of human rights advisory services and technical assistance (document A/C.3/50/L.37). Also, the Assembly would encourage the establishment of such institutions by Member States to prevent and combat all violations of human rights as enumerated in the Vienna Declaration and Programme of Action and relevant international instruments.

That text is sponsored by Austria, Brazil, Chile, Colombia, Costa Rica, India, Mongolia, Morocco, Tunisia and Venezuela.

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A draft resolution entitled effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (document A/C.3/50/L.48) would have the Assembly call upon the Secretary-General to make available, at the request of governments concerned, expertise on minority issues. It would also request the Secretary- General, in the implementation of the draft resolution, to provide human and financial resources for such advisory services and technical assistance of the Centre for Human Rights, within existing resources. The Assembly would also call upon the High Commissioner for Human Rights to promote the implementation of the Declaration and to continue to engage in a dialogue with governments concerned, for that purpose.

The draft text is sponsored by Afghanistan, Albania, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Belarus, Bosnia and Herzegovina, Cambodia, Canada, Costa Rica, Cyprus, Czech Republic, Denmark, Ecuador, El Salvador, Estonia, Ethiopia, Finland, Georgia, Greece, Guyana, Honduras, Hungary, Iceland, Israel, Italy, Kazakstan, Latvia, Lesotho, Liechtenstein, Monaco, Morocco, Norway, Panama, Portugal, Russian Federation, Slovak Republic, Slovenia, Sweden and the United States.

By the terms of a draft resolution on human rights in the administration of justice (document A/C.3/50/L.49) the General Assembly, would urge the Secretary-General to consider favourably requests by States for assistance in the administration of justice field and to strengthen system-wide coordination in that field, in particular between the United Nations programme of human rights advisory services and technical assistance and the technical cooperation and advisory services of the United Nations crime prevention and criminal justice programme.

The draft resolution is sponsored by Angola, Argentina, Armenia, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Cape Verde, Costa Rica, Czech Republic, Denmark, El Salvador, Finland, France, Georgia, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Liechtenstein, Monaco, Panama, Paraguay, Portugal, Romania, Russian Federation, Slovak Republic, Slovenia, South Africa and Sweden.

The Committee also has before it a draft resolution on the importance of human rights in the early warning and prevention of mass exoduses and in the emergency operations of the United Nations (document A/C.3/50/L.51) by which the Assembly would request all United Nations bodies, including the human rights treaty bodies, the specialized agencies and governmental, intergovernmental and non-governmental organizations, to cooperate fully with all mechanisms of the Commission on Human Rights and, in particular, to provide them with all relevant information in their possession on the human rights situations creating or affecting refugees and displaced persons. It would also request the High Commissioner for Human Rights to pay attention to

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situations that cause or threaten to cause mass exoduses and to address effectively such situations through emergency preparedness and response mechanisms.

The draft resolution is sponsored by Argentina, Australia, Canada, Denmark, Finland, Germany, Hungary, Iceland, Ireland, Italy, Japan, Liechtenstein, Monaco, Poland, Portugal, Sweden and the United States.

A draft resolution submitted by the Chairman on the situation of human rights in Afghanistan (document A/C.3/50/L.41) would have the General Assembly urge all Afghan parties to work with the United Nations Special Mission to Afghanistan with a view to achieving a comprehensive political solution leading to the cessation of armed confrontation and the eventual establishment of a democratic government. The parties would be urged to respect accepted humanitarian rules, human rights and fundamental freedoms. The Assembly would also urge Afghan authorities to provide sufficient and effective remedies to the victims of grave violations of human rights and bring perpetrators to trial in accordance with internationally accepted standards.

The Assembly would call upon the Afghan authorities to ensure the participation of women in the social, political and cultural life of the country and throughout the country; investigate the fate of persons who have disappeared in the conflict; apply the Amnesty Decree issued in 1992 by the Transitional Islamic State of Afghanistan; reduce the period during which prisoners await trial and treat detained persons according to relevant international instruments.

The General Assembly would appeal to the international community to continue to provide adequate humanitarian assistance to the people of Afghanistan and to the Afghan refugees in the neighbouring countries pending their voluntary repatriation, in particular through mine clearance and repatriation projects.

By the terms of a draft resolution on human rights in Haiti (document A/C.3/50/L.56), the General Assembly would express its concern about the recent incidents of violence, in particular the assassination of a member of the Haitian Parliament, and hope that such acts and other incidents of violence would not impede continued progress in human rights and the consolidation of constitutional democracy. It would also express its support for the work currently undertaken under the National Commission of Truth and Justice, with the cooperation of the International Civilian Mission in Haiti (ICMIH), in its investigation of past human rights abuses, and look forward to its report at the end of 1995.

The draft resolution is sponsored by Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Barbados, Belgium, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Denmark, Ecuador, El Salvador, France, Georgia, Germany, Greece, Guatemala, Guyana, Haiti, Honduras, Hungary, Iceland, Israel,

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Italy, Japan, Luxembourg, Mexico, Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Portugal, Spain, Suriname, Sweden, the United States and Venezuela.

A draft resolution on the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action (document A/C.3/50/L.50) would have the General Assembly endorse the reaffirmation in the Vienna Declaration and Programme of Action of the importance of the promotion of universal respect for, and observance and protection of, human rights and fundamental freedoms in accordance with the Charter. The Assembly would call upon States to take further action to achieve the full realization of human rights in the light of the Conference's recommendations. It would also urge States to publicize the Vienna Declaration and Programme of Action and would request the High Commissioner for Human Rights, the General Assembly, the Commission on Human Rights and other organs and bodies of the United Nations system to take further action with a view to the full implementation of all the Conference recommendations.

The draft is sponsored by Albania, Antigua and Barbuda, Armenia, Australia, Austria, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Colombia, Costa Rica, Cyprus, Denmark, Ecuador, El Salvador, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guyana, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Kazakstan, Latvia, Liechtenstein, Luxembourg, Monaco, Morocco, Norway, Peru, Portugal, Republic of Moldova, Romania, Russian Federation, Slovak Republic, Slovenia, Solomon Islands, Spain, Sweden, Venezuela and Zambia.

Under the terms of another draft before the Committee on the United Nations Decade for Human Rights Education: culture of peace (document A/C.3/50/L.33), the Assembly would encourage countries, regional organizations, non-governmental organizations and the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) to take all necessary action to ensure education for peace, human rights, democracy, international understanding and tolerance.

That draft is sponsored by Argentina, Bolivia, Brazil, Colombia, Costa Rica, Cote d'Ivoire, Ecuador, El Salvador, France, Germany, Honduras, Mongolia, Morocco, Namibia, Nicaragua, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Slovenia, Spain and Venezuela.

Also before the Committee is a draft on strengthening of United Nations action in the human rights field through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity (document A/C.3/50/L.34). By the terms of that text, the General Assembly would call upon Member States to base their activities for the protection and promotion of human rights on the Charter, the Universal

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Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and other relevant international instruments.

Also by that text, all human rights bodies within the United Nations system as well as the special rapporteurs and representatives, independent experts and working groups, would be requested to take duly into account the contents of the present resolution in carrying out their mandates. In addition, the Assembly would stress the continuing need for impartial and objective information on the political, economic and social situations and events of all countries. The Commission on Human Rights would be requested to give due consideration to the present resolution and to formulate concrete proposals for its implementation.

That text is sponsored by Angola, Bangladesh, China, Colombia, Cuba, Democratic People's Republic of Korea, Egypt, Gambia, Ghana, Indonesia, Iran, Iraq, Kenya, Lao People's Democratic Republic, Libya, Malaysia, Mexico, Mozambique, Namibia, Pakistan, Peru, Sudan, Uganda, United Republic of Tanzania, Viet Nam, Zambia and Zimbabwe.

By the terms of another draft resolution, the Secretary-General would be requested to give a high priority to requests from Member States for assistance in the establishment and strengthening of national institutions for the promotion and protection of human rights as part of the programme of human rights advisory services and technical assistance (document A/C.3/50/L.37).

That text is sponsored by Austria, Brazil, Chile, Colombia, Costa Rica, India, Mongolia, Morocco, Tunisia and Venezuela.

Under the terms of another draft before the Committee, on the United Nations Decade for Human Rights Education, the General Assembly would request the High Commissioner for Human Rights to coordinate the implementation of the Plan of Action for the Decade (document A/C.3/50/L.38). It would also have the Assembly request the Secretariat's Centre for Human Rights and the Commission on Human Rights, in cooperation with the existing human rights monitoring bodies, United Nations specialized agencies and programmes, other competent intergovernmental and non-governmental organizations, to support efforts by the High Commissioner in the implementation of the Plan of Action.

Also by the terms of the draft resolution, the General Assembly would call upon international, regional and national non-governmental organizations to increase their involvement in formal and non-formal education in human rights and to cooperate with the High Commissioner and the Centre for Human Rights in implementing the Plan of Action. The draft text would further have the Assembly request the Secretary-General to consider the possibility of establishing a voluntary fund for human rights education, with special

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provision for the support of the human rights education activities of non-governmental organizations, to be administered by the Centre for Human Rights.

The draft resolution is sponsored by Angola, Antigua and Barbuda, Australia, Austria, Belarus, Bolivia, Bosnia and Herzegovina, Botswana, Burkina Faso, Cape Verde, Chile, Costa Rica, Cote d'Ivoire, Ecuador, El Salvador, France, Ghana, Greece, Guyana, Haiti, Honduras, Iceland, India, Israel, Italy, Lesotho, Liberia, Malawi, Malaysia, Marshall Islands, Mauritania, Mozambique, Namibia, Nepal, Nicaragua, Nigeria, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russian Federation, Rwanda, Senegal, Slovenia, Suriname, Uganda, United Republic of Tanzania, Venezuela, Zambia and Zimbabwe.

By the terms of a draft text on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (document A/C.3/50/L.39), the Assembly would call upon all Member States to consider signing and ratifying or acceding to the Convention as a matter of priority, and would express the hope that it will enter into force at an early date. Also, the Secretary-General would be requested, within existing resources, to provide all facilities and assistance necessary for the promotion of the Convention.

That text is sponsored by Argentina, Cape Verde, Chile, Colombia, Costa Rica, Croatia, Cuba, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Mauritania, Mexico, Morocco, Nicaragua, Paraguay, Peru, Philippines, Tunisia, Turkey and Uruguay.

Under the terms of another draft before the Committee (document A/C.3/50/L.40), the Assembly would request the Special Representative on the situation of human rights in Cambodia, in collaboration with the Centre for Human Rights office in that country, to continue his evaluation of the extent to which his recommendations in current and in previous reports are followed up and implemented.

Also by that draft resolution, the Secretary-General would be requested to provide all necessary resources, from within the regular budget of the United Nations, to enable the Special Representative to continue to fulfil his tasks expeditiously. And, the Government of Cambodia would be called upon to ensure the full observance of human rights for all persons within its jurisdiction.

The Centre for Human Rights would be requested along with relevant specialized agencies and development programmes to develop and implement programmes, with the consent and cooperation of the Government of Cambodia in the priority areas identified by the Special Representative, paying particular attention to vulnerable groups, including women, children and minorities. Furthermore, the Assembly would condemn unreservedly attacks on and threats

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against United Nations, non-governmental organizations and Cambodian Government staff, as well as individuals, and would call upon the Government of Cambodia to investigate those attacks and threats and to prosecute those who are responsible.

The draft is sponsored by Andorra, Australia, Austria, Canada, Israel, Norway, Sweden and the United States.

By the terms of a draft resolution on strengthening the rule of law, the High Commissioner for Human Rights would be requested to continue to explore the possibilities of obtaining from all relevant institutions of the United Nations system, including financial institutions, technical and financial means to strengthen the capacity of the Centre to assist national projects aiming at the realization of human rights and the maintenance of the rule of law (document A/C.3/50/L.42).

That draft is sponsored by Angola, Argentina, Australia, Austria, Botswana, Brazil, Bulgaria, Canada, Cape Verde, Chile, Colombia, Costa Rica, Cote d'Ivoire, Ecuador, El Salvador, Gabon, Germany, Greece, Honduras, India, Israel, Italy, Panama, Paraguay, Peru, Portugal, Russian Federation, South Africa, Spain, Uruguay and Venezuela.

ALEJANDRO BORDA (Colombia) introduced the draft resolution on the right to development (document A/C.3/50/L.57) which would have the General Assembly reaffirm that right for every person and all peoples in all countries, particularly in developing countries, as an integral part of fundamental human rights.

By the draft, the Assembly would call upon the Commission on Human Rights to consider carefully the reports of the Working Group on the Right to Development to assess whether it had completed its mandate. The Secretary- General would also be requested to ask the Centre for Human Rights to provide a programmatic follow-up on the implementation of the development Declaration as part of efforts to implement the Vienna Declaration and Programme of Action.

The Assembly would request the High Commissioner for Human Rights to promote protection of the right to development by working with the Centre for Human Rights and drawing on the expertise of the United Nations system relating to development. It would also call upon the Commission on Human Rights to make proposals to it, through the Economic and Social Council, on the future course of action on the question, in particular on practical measures to implement the Declaration on the Right to Development.

The draft was sponsored by Argentina, Armenia, Austria, Brazil, China, Colombia (on behalf of the Members of the United Nations that are members of

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the Movement of Non-Aligned Countries), Costa Rica, Denmark, Dominican Republic, Finland, France, Greece, Ireland, Mexico, Panama, Portugal, Spain, Uruguay and Venezuela.

Australia, Belgium, Germany, Italy and Netherlands subsequently became co-sponsors of the draft.

LUCY TAMLYN (United States) introduced the draft on strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization (document A/C.3/50/L.59) which would have the Assembly commend electoral assistance provided to Member States and request that such assistance continue in accordance with approved guidelines. It would also request that the United Nations continue efforts to ensure, before undertaking to provide electoral assistance, that there is adequate time to organize an effective mission for providing such assistance, that conditions exist to allow a free and fair election and that provisions can be made for comprehensive reporting.

The Assembly would recommend that the Electoral Assistance Division provide post-election assistance in order to contribute to the stability and continuity of electoral processes. It would also request the Secretary- General to provide the Electoral Assistance Division with adequate human and financial resources, under the regular budget of the Organization and within existing resources, to allow it to carry out its mandate.

The draft is sponsored by Albania, Andorra, Argentina, Armenia, Australia, Austria, Belarus, Bulgaria, Canada, Chile, Costa Rica, Czech Republic, Denmark, El Salvador, Ethiopia, Fiji, Finland, Georgia, Germany, Greece, Haiti, Hungary, Iceland, Ireland, Israel, Italy, Liechtenstein, Lithuania, Luxembourg, Malawi, Marshall Islands, Monaco, Netherlands, Nicaragua, Panama, Papua New Guinea, Paraguay, Portugal, Republic of Moldova, Romania, Spain, Sweden, Turkey, United Kingdom, United States and Venezuela.

Additional sponsors were announced, including: Afghanistan, Belgium, Cote D'Ivoire, Federated States of Micronesia, France, Guatemala, Mali, Mauritius, Nepal, Netherlands, Papua New Guinea, Poland, Slovakia, Solomon Islands, Spain and the Republic of Korea.

The representative of the United States proposed that in operative paragraph 2 the word "approve" be deleted. In operative paragraph 9 the phrase "strengthen its collaboration with the centre including through an exchange of personnel when appropriate with the department and the programme" should be added.

AHMET ARDA (Turkey) introduced the draft resolution on human rights and terrorism (document A/C.3/50/L.61) which would have the General Assembly "reiterate its unequivocal condemnation" of acts of terrorism aimed at the destruction of human rights, fundamental freedoms and democracy. It would

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also call upon States to take measures to prevent and eliminate acts of terrorism and would urge the international community to enhance cooperation at regional and international levels in the fight against terrorism.

By that text the General Assembly would condemn incitement to ethnic hatred and terrorism and would request the Secretary-General to seek the views of Member States on the establishment of a United Nations voluntary fund for victims of terrorism, as well as on ways to rehabilitate the victims of terrorism.

The draft was sponsored by Afghanistan, Albania, Algeria, Azerbaijan, Bangladesh, Bosnia and Herzegovina, Colombia, Costa Rica, Croatia, Ecuador, Egypt, El Salvador, Georgia, Guatemala, Honduras, India, Kazakstan, Kyrgyz Republic, Malaysia, Mauritania, Morocco, Panama, Peru, Republic of Korea, Sierra Leone, The former Yugoslav Republic of Macedonia, Tunisia, Turkey and Venezuela.

The representative of Turkey proposed the following amendments to the text:

In the second preambular paragraph the following phrase should be included "taking into account that acts of terrorism, in all its forms aimed at the destruction of human rights have continued despite national and international efforts."

Addition of a new fourth preambular paragraph to read "bearing in mind that the most essential and basic human right is the right to life."

Add a new preambular paragraph to read "reaffirming that all measures to counter terrorism must be in strict conformity with international human rights standards."

In the text of operative paragraph 4, line 3, delete the remainder of the sentence after "with the aim of eradicating it."

In operative paragraph 5 delete after the word "condemns" the word "the".

Ukraine, Turkmenistan and Rwanda became sponsors of the draft resolution.

ALVARO RODRIGUEZ (Spain), on behalf of the European Union and the co- sponsors, introduced the draft on the situation of human rights in the Islamic Republic of Iran (document A/C.3/50/L.35).

By that text, the Assembly would express its concern at violations of human rights in Iran, in particular the high number of executions; cases of torture and cruel, inhuman or degrading treatment or punishment; the failure

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to meet international standards with regard to the administration of justice; the absence of guarantees of due process of law, the discriminatory treatment of minorities by reason of their religious beliefs, notably the Baha'is, whose existence as a viable religious community was threatened; lack of adequate protection for the Christian minorities, some members of which had been the target of intimidation and assassinations; excessive force in suppressing demonstrations; restrictions on the freedom of expression, thought, opinion and on the press; and widespread discrimination against women.

It would have the Assembly call upon the Government to implement existing agreements with international humanitarian organizations. It would also call upon the Government to take the necessary steps so that the visit of the Special Representative of the Human Rights Commission on the situation of those rights in Iran could take place as soon as possible and without conditions.

In addition, it would have the Assembly express its grave concern that there were continuing threats to the life of Salman Rushdie, as well as to individuals associated with his work, which appeared to have the support of the Government of Iran.

The draft resolution was sponsored by Andorra, Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, Spain, Sweden, United Kingdom and United States.

San Marino subsequently became a co-sponsor of the draft.

SEYED HOSSEIN (Iran) said that, as he had noted in previous statements, the draft resolution was totally baseless, irrelevant and ignored the latest developments on the question. It was clear that the co-sponsors had not convinced the Committee on the objectivity of the draft text. It was a deviation from normally objective United Nations documents and a vivid demonstration on the political motives of the co-sponsors. It was also based on an invalid report by the Special Representative.

Mr. RODRIQUEZ (Spain) asked for clarification from the Chairman on why the representative could make a statement not related to the introduction of drafts.

UGYEN TSHERING (Bhutan), Chairman of the Committee, said that statements regarding the draft resolutions should be made at the time of action on the texts. He asked the representative of Iran not to continue his statement.

Mr. HOSSEIN said he was aware that the Committee was introducing the draft texts and he was entitled to take the floor to explain his delegation's views.

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The CHAIRMAN said during the introduction of draft resolutions, there should be no discussion other than the introduction of texts.

Mr. HOSSEIN asked the Chairman for a clarification on the rules of procedure regarding statements during the introduction on drafts, as he was replying to statements by the representative of Spain.

The CHAIRMAN said he would provide clarification on the relevant rules of procedure for such statements at a later date.

MR. RODRIGUEZ (Spain ) introduced the draft resolution on the situation of human rights in Iraq (document A/C.3/50/L.44).

He made oral amendments to preambular paragraph 12, and to operative paragraph 11 (deleting the words "Kuwaitis and third country nationals who disappeared under the" and replacing them with the words "missing persons and prisoners of war, Kuwaitis and third country nationals, victims of" and changing the word "resolve" in line 2 to "resolving".

By the terms of a draft resolution, the Assembly would condemn "massive and extremely grave violations of human rights for which the Government of Iraq is responsible". It would condemn violations of international humanitarian law, particularly summary and arbitrary executions, including political killings; the routine practice of systematic torture; cruel and unusual punishment, namely mutilation, as a penalty for certain offences and the abuse and diversion of medical-care services for the purpose of such mutilations; disappearances, arbitrary arrests and detention, and failure to respect due process and the rule of law; and suppression of freedom of thought, information, expression, association and assembly.

The Assembly would strongly condemn the continued refusal of the Government of Iraq to take advantage of resources available to alleviate the suffering of the people, and would express special alarm at policies which discriminate between regions.

The Assembly would urge the Government of Iraq to cooperate with the United Nations with a view to arranging for the export of oil in order to purchase essential food and medical supplies for humanitarian purposes, as authorized by Security Council resolution 986 (1995). It would call upon Iraq -- a State party to the International Covenant on Economic, Social and Cultural Rights and to the International Covenant on Civil and Political Rights -- to abide by its obligations under the Covenants and under other international instruments on human rights.

The Assembly would demand that Iraq restore the independence of the judiciary and abrogate all laws granting impunity to specified forces or persons. It would also demand that the Iraqi Government abrogate any and all decrees that prescribe cruel and inhuman punishment or treatment and take

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every step necessary to ensure that the practices of torture and cruel and unusual punishment and treatment no longer occurred.

The Iraqi Government would also be urged to abrogate all laws and procedures, including Revolution Command Council Decree No. 840, of 4 November 1986, that penalize the free expression of competing views and ideas and ensure that the genuine will of the people shall be the basis of authority in the State. Also, the Iraqi Government would be urged to improve its cooperation with the Tripartite Commission with a view to establishing the whereabouts or resolve the fates of the remaining several hundred Kuwaitis and third-country nationals who disappeared under the illegal Iraqi occupation of Kuwait.

The draft was proposed by Andorra, Argentina, Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Kuwait, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Spain, Sweden, United Kingdom and the United States.

AMELA SAPCANIN (Bosnia and Herzegovina) introduced the draft resolution on rape and abuse of women in areas of armed conflict in the former Yugoslavia (document A/C.3/50/L.45). She made a technical change in operative paragraph 12, inserting the words "as appropriate, to the fifty-first session of the General Assembly", after the word report in line 1. She said that Bahrain, Brunei Darussalam, Czech Republic, Gabon, Jordan, Malta, Senegal, Singapore, and Yemen had joined in the sponsorship.

The Republic of Korea, Iran, Rwanda, San Marino, Australia, Afghanistan, subsequently joined in the sponsorship of the draft resolution.

The draft resolution would have the Assembly strongly condemn the "abhorrent practice of rape and abuse of women and children" in areas of armed conflict in the former Yugoslavia. The Assembly would express outrage that rape has been used as a weapon of war and an instrument of ethnic cleansing, and would reaffirm that rape in armed conflict constitutes a war crime and that under certain circumstances it constitutes a crime against humanity and an act of genocide as defined in the Genocide Convention.

The General Assembly would reaffirm that all persons who perpetrate or authorize crimes against humanity or other violations of international humanitarian law are individually responsible for those violations. Those in positions of authority who have failed to ensure that persons under their control comply with the relevant international instruments are accountable, together with the perpetrators.

The Assembly would call upon States to put experts and resources at the disposal of the Tribunal and would urge States and organizations to continue

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considering recommendations in the reports of the Special Rapporteur, in particular provision for medical and psychological care to victims of rape.

The draft was sponsored by Afghanistan, Albania, Algeria, Andorra, Argentina, Austria, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Botswana, Canada, Chile, Costa Rica, Croatia, Denmark, Djibouti, Egypt, Finland, France, Germany, Greece, Guyana, Hungary, Iceland, Ireland, Israel, Italy, Japan, Kuwait, Latvia, Liechtenstein, Luxembourg, Malaysia, Monaco, Morocco, Netherlands, Norway, Oman, Pakistan, Portugal, Qatar, Saudi Arabia, Slovenia, Spain, Sweden, Tunisia, Turkey, United Arab Emirates, United States and Uruguay.

GEORGE JONES (United States) introduced the draft resolution on the situation of human rights in the Sudan (document A/C.3/50/L.58).

Under the terms of the draft, the Assembly would call upon the Government of Sudan to comply with applicable international human rights instruments to which Sudan was a party, in particular the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Slavery Convention, as amended, and the Supplementary Convention on the Abolition of Slavery, the Slave Trade and institutions and Practices Similar to Slavery, to implement those instruments to which it was a party and to ensure that all individuals in its territory and subject to its jurisdiction, including members of all religious and ethnic groups, enjoyed fully the rights recognized in those instruments.

It would also have the Assembly urge the Government to cease immediately all aerial attacks on civilian targets and other attacks that were in violation of international humanitarian law. It would call upon all parties to the hostilities in Sudan to respect fully the applicable provisions of international humanitarian law, to halt the use of all weapons against the civilian population and to protect all civilians, including women, children and members of ethnic and religious minorities from violations. It would deplore the consequences for innocent civilians of the use of land-mines by Government and rebel forces alike.

The draft text would also have the Assembly call upon the Government to extend its full and unreserved cooperation to the Special Rapporteur on the Situation of Human Rights in the Sudan and to assist him in the ongoing discharge of his mandate, and to that end, to take all necessary steps to ensure that the Special Rapporteur had free and unlimited access to any person in the Sudan with whom he wished to meet, with no threats or reprisals.

MR. JONES (United States) introduced the draft resolution on the situation of human rights in Cuba (document A/C.3/50/L.60). He said that Bulgaria and Uzbekistan had joined in the sponsorship of the draft resolution.

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Under the terms of that draft resolution, the Assembly would once again call upon the Cuban Government to cooperate fully with the Special Rapporteur on the Situation of Human Rights in Cuba by permitting him full and free access to establish contact with the Government and the citizens of that country so that he might fulfil the mandate entrusted to him. It would profoundly regret the numerous violations of human rights and fundamental freedoms in Cuba as described in the report of the Special Rapporteur to the Commission on Human Rights and in his interim report.

The draft text would have the Assembly call upon the Government to release the numerous persons detained for activities of a political nature, including those specifically mentioned in the report of the Special Rapporteur. It would also call upon the Government to adopt the other measures proposed in the interim report of the Special Rapporteur to bring the observance of human rights and fundamental freedoms in Cuba into conformity with international law and international human rights instruments and to end all violations of human rights.

The draft resolution was sponsored by Australia, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, Japan, Luxembourg, Marshall Islands, Netherlands, Norway, Portugal, Republic of Moldova, Romania, Sweden, United Kingdom and the United States.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said that contrary to what the representative of the United States said, there were only 25 co-sponsors listed for the draft resolution and not 26, and they were all from one part of the world.

JOHN BIGGAR (Ireland) introduced the draft resolution on the elimination of all forms of religious intolerance (document A/C.3/50/L.55). He said that Costa Rica, New Zealand, and the Philippines had joined in the co-sponsorship of the draft resolution. He inserted a new preambular paragraph and made oral amendments to operative paragraphs 2, 3, 5, and 20.

India, Ukraine, Benin, Gambia, Panama, Solomon Islands, The former Yugoslav Republic of Macedonia, Suriname, Cyprus, Mauritius, and Nigeria had also joined as co-sponsors.

By the terms of a draft resolution, the Assembly would condemn all instances of hatred, intolerance and acts of violence, intimidation and coercion motivated by religious extremism and intolerance of religion or belief. It would urge States, in conformity with international standards of human rights, to take all necessary action to prevent such instances, to take all appropriate measures to combat hatred, intolerance and acts of violence, intimidation and coercion, and to encourage, through the educational system and by other means, understanding, tolerance and respect in matters relating to freedom of religion or belief.

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Also by the draft text's terms, the Assembly would call upon all States to recognize, as provided in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, the right of all persons to worship or assemble in connection with a religion or belief, and to establish and maintain places for those purposes.

The draft resolution was sponsored by Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Côte d'Ivoire, Czech Republic, Denmark, El Salvador, Finland, France, Gabon, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Liechtenstein, Luxembourg, Malta, Marshall Islands, Monaco, Netherlands, Norway, Paraguay, Peru, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Slovenia, Spain, Sweden, United Kingdom, United States and Venezuela.

Action on Draft Resolutions

The Committee then took up the draft resolution on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (L.39).

KATE NEWELL, Committee Secretary, made a technical correction to preambular paragraph 5, inserting the word "the human rights of" after the words "all States are urged."

Yemen joined in the co-sponsorship.

The Committee approved the draft resolution without a vote.

The Committee then took up the draft resolution on the International Covenant on Human Rights (L.53).

The Russian Federation joined as a co-sponsor.

STEN A. ROSNES (Norway) requested that action on the draft be postponed to allow for the consultations to be completed.

The Committee next took up the draft resolution on the United Nations Decade for Human Rights Education: Culture of peace (L.33). The following countries joined in the sponsorship of that draft: Benin, Belgium, Gabon, Georgia, Israel, Kyrygz Republic, Monaco, Namibia, Uruguay, Rwanda, Niger, Republic of Moldova, Korea, The former Yugoslav Republic of Macedonia, Tunisia, Turkey, Cameroon, Samoa, Croatia, Congo, Guyana, Guinea-Bissau, Marshall Islands, Mauritius, Mali, Suriname, Sudan, Barbados, Ethiopia, Dominican Republic and Cuba.

The Committee approved the draft resolution without a vote.

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The Committee then took up the draft resolution on respect for the right to universal freedom of travel and vital importance of family reunification (L. 37). Australia, France, Latvia, New Zealand, Ghana, Cote D'Ivoire, Cameroon, Canada, Monaco, Kenya, South Africa, Mauritius, Monaco, Nigeria, United States, Nepal, Madagascar, and the Philippines also joined in the sponsorship of the draft resolution.

Ms. NEWEL, Committee Secretary, repeated the changes made to the draft resolution when it was introduced.

MANIMEKALAI MURUGESAN (India) also made an oral amendment to operative paragraph 6.

JOEL WASSI ADECHI (Benin) also requested that his country be added as co-sponsor.

The Committee approved the draft without a vote.

Speaking after the action on L.37, the representative of Japan said that financial assistance for the establishment and strengthening of national institutions should be provided through the regular budget of the United Nations for advisory services and technical cooperation, rather than through the Voluntary Fund for Technical Cooperation in the Field of Human Rights.

He said the Coordination Committee had deprived the Japanese national institute of its former status as an official member, downgrading it to an observer at this year's workshop in Manila. His Government deeply regretted that one-sided interpretation of the principles relating to the status of national institutions for the protection and promotion of human rights. The Committee's decision was inconsistent with the Vienna Declaration and Programme of Action, which encouraged the establishment and strengthening of such institutions.

The draft resolution on the United Nations Decade for Human Rights Education (L.38) was approved without a vote.

Additional co-sponsors were: Bangladesh, Benin, Cameroon, Gabon, Gambia, Georgia, Guinea, Malta, Monaco, Mongolia, Mozambique, Philippines, Niger, Rwanda, Republic of Korea, Sri Lanka, Spain, South Africa, Nigeria, Western Samoa, Sierra Leone, Colombia, Mauritania, Guinea-Bissau, Mali, Dominican Republic.

The draft resolution on the situation of human rights in Cambodia (L.40) was approved, as orally amended, without a vote.

Additional co-sponsors were Belgium, France, Italy, Japan, Kyrgyz Republic, New Zealand, Turkmenistan, Spain, and United Kingdom.

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The draft resolution entitled strengthening of the rule of law (L.42) was approved without a vote.

Guatemala, Republic of Korea, Mali, Norway, Cameroon, Mauritius, Lesotho, and South Africa were additional co-sponsors of the draft text.

The representative of Cote d'Ivoire said the draft resolution had not been given a title in French.

A draft resolution on effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (L.48) was approved, as orally amended, without a vote.

Additional co-sponsors were Gabon, Malta, Romania, Ukraine, India, San Marino, Croatia, Congo, The former Yugoslav Republic of Macedonia, and Bangladesh.

The representative of Turkey said it had joined the consensus on the draft but maintained the same position it held last year.

Also approved without a vote, was a draft resolution on human rights in the administration of justice (L.49) as orally amended.

Burundi, Lesotho, Mongolia, Republic of Moldova, South Africa, Ukraine, Netherlands, New Zealand, Spain, Rwanda, Malta, Cote d'Ivoire, San Marino, Kenya and Mauritius became co-sponsors of the text.

The representative of Mongolia said that as stated during the introduction of the text his Government did not want to be a co-sponsor.

The draft resolution on human rights in Haiti (L.56) was approved without a vote.

Additional co-sponsors were: Costa Rica, Congo, Cuba, Finland, Jamaica, Trinidad and Tobago, Uruguay and the Republic of Moldova.

A draft resolution on comprehensive implementation and follow-up to the Vienna Declaration and Programme of Action (L.50) was approved without a vote.

Additional co-sponsors were as follows: Czech Republic, Gabon, Malta, Netherlands, New Zealand, Suriname, Ukraine, Nicaragua, Republic of Korea, Nepal, Philippines, Swaziland, Bangladesh, Eritrea, Lesotho, Macedonia, Guatemala, Madagascar, Chile, Congo, Kenya, Croatia, Afghanistan, Cameroon and Nigeria.

The representative of Austria asked that operative paragraph 12 be inserted as the last preambular paragraph.

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For information media. Not an official record.