HUMAN RIGHTS COMMISSION TAKES ACTION ON RELIGIOUS INTOLERANCE, RACISM, SEXUAL SLAVERY, ADMINISTRATION OF JUSTICE

Press Release
HR/CN/745

HUMAN RIGHTS COMMISSION TAKES ACTION ON RELIGIOUS INTOLERANCE, RACISM, SEXUAL SLAVERY, ADMINISTRATION OF JUSTICE

GENEVA, 19 April (UN Information Service) -- The Commission on Human Rights this morning adopted resolutions in which it condemned the role played by certain media in inciting racial hatred, expressed grave concern at attacks upon religious shrines, and denounced the indiscriminate use of anti-personnel mines.

Twelve resolutions and four decisions were approved by the Commission, all by consensus. The measures fell under agenda items on: economic, social, and cultural rights; religious discrimination; racial discrimination; treatment of detainees and prisoners; and effective functioning of United Nations bodies and instruments for promoting human rights.

In a resolution on sexual trafficking in women and girls, the Commission called upon governments to set up programmes designed to heal and rehabilitate victims and to enact legislation aimed at preventing sex tourism.

The main United Nations human rights body also endorsed the decision of its Subcommission on Prevention of Discrimination and Protection of Minorities to appoint human rights expert Linda Chavez as Special Rapporteur, to study rape, sexual slavery, and slavery-like practices during periods of armed conflict.

Other resolutions approved by the Commission dealt with racial discrimination, arbitrary detention, the situation of United Nations staff members held in detention in various countries, forensic medicine, enforced disappearances, and the detention and imprisonment of juveniles.

Action on Draft Resolutions, Decisions

In a resolution on measures to combat contemporary forms of racism, racial discrimination, xenophobia, and related intolerance, the Commission: expressed profound concern and unequivocal condemnation of all forms of racism and racial discrimination and all racist violence; expressed deep concern at and condemnation of manifestations of racism and racial discrimination against migrant workers and members of their families and other vulnerable groups in

many societies; and categorically condemned the role played by some print, audiovisual, and electronic media in inciting racial hatred.

The Commission called upon all governments to enact and enforce legislation to prevent acts of racism and decided to extend for three years the mandate of the Special Rapporteur to examine incidents of contemporary forms of racism. It also urged all governments to cooperate fully with the Special Rapporteur and invited all governments to take, where possible, measures to provide assistance to and rehabilitation of victims of acts of racism. The Commission expressed regret that the Special Rapporteur had again encountered difficulties in his efforts to fulfil his mandate, owing to lack of necessary resources and recommended a draft decision to the Economic and Social Council calling for extension of the Special Rapporteur's mandate.

The resolution joins the text adopted by the Commission on 11 April concerning implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination. In that resolution, the Commission, among other things, welcomed the request of the General Assembly addressed to the Secretary-General to consult member States and intergovernmental and non-governmental organizations on the possibility of holding a world conference to combat racism.

Speaking on the text, REDA BEBARS (Egypt) said he was in favour of the resolution, but he would have preferred that contemporary forms of racism not be specified in such detail, as that meant leaving out some other forms of racism. He added that anti-Semitism could also mean anti-Arab, because Arabs were also of Semitic origin.

GERALDINE FERRARO (United States) explaining her delegation's position on the two texts, said that it would not break consensus. However, concerning the resolution adopted 11 April, the United States did not feel any more world conferences were called for at this time. Scarce resources should be spent on existing programmes and on implementing the results of conferences already held.

PAOLO TORELLA DI ROMAGNANO (Italy), speaking on behalf of the European Union, said the Union had always believed that acts of racism, racial discrimination and xenophobia were global phenomena and not limited to a certain region. Racism affected the North, as well as the South. The Special Rapporteur on contemporary forms of racism should expand his studies to other new forms of racism not yet exposed. The Union condemned the spread of racism and any racially motivated acts.

Under a resolution on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights, the Commission emphasized the need to ensure financing and adequate staff and information resources for the

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operations of the human rights treaty bodies; urged the treaty bodies to examine ways of reducing duplication of reporting required under the different instruments without impairing the quality of reporting and of generally reducing the reporting burden on member States.

The Commission also expressed concern about the increasing backlog of reports on implementation submitted by States parties to United Nations instruments on human rights and about delays in consideration of reports by the treaty bodies, and again urged States parties to make every effort to meet their reporting obligations, urged States parties to examine the issue of consistent non-compliance by States parties with reporting obligations; and stressed the usefulness of technical assistance and advisory services in helping States parties to comply with their obligations.

HEMANT KRISHAN SINGH (India) said that while her delegation had seen the revised draft only this morning and was willing to go along with consensus, it wished to see careful accommodation of it with the mandates of the treaty bodies.

Other resolution adopted included a resolution on the implementation of the Declaration on the Elimination of all Forms of Intolerance and of Discrimination based on Religion or Belief. The Commission, alarmed that serious instances of intolerance and discrimination on the grounds of religion or belief, including acts of violence, intimidation and coercion motivated by religious extremism, occurred in many parts of the world threatening the enjoyment of human rights and fundamental freedoms, condemned all such acts, including practices which discriminated against women, and all acts motivated by religious extremism in all its forms.

The Commission also urged States to ensure that their constitutional and legal systems provided adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without discrimination, including the provision of effective remedies in cases where the right to freedom of religion or belief was violated. It expressed grave concern at any attack upon religious places, sites and shrines, and called upon all States, in conformity with international human rights standards, to exert utmost efforts to ensure that such places, sites and shrines were fully respected and protected.

In a resolution on traffic in women and girls, the Commission called upon governments of countries of origin, transit and destination, and regional and international organizations, as appropriate, to implement the Platform for Action of the Fourth World Conference on Women by, among other things, taking appropriate measures to address the root factors, including external factors, that encouraged trafficking in women and girls for prostitution and other forms of commercialized sex, forced marriages and forced labour, in order to eliminate trafficking in women, including by strengthening existing

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legislation with a view to providing better protection of the rights of women and girls and to punishing the perpetrators, through both criminal and civil measures.

The Commission further called upon those governments to allocate resources to provide comprehensive programmes designed to heal and rehabilitate into society victims of trafficking, including through job training, legal assistance, and confidential health care and taking measures to cooperate with non-governmental organizations to provide for the social, medical and psychological care of the victims of trafficking and to develop educational and training programmes and policies, as well as enact legislation aimed at preventing sex tourism and trafficking with emphasis on the protection of young women and children.

In a resolution on the work of the Subcommission on the Prevention of Discrimination and Protection of Minorities, the Commission reaffirmed that the Subcommission, its subsidiary, could best assist it by providing recommendations based on the different views and perspectives of independent experts, which should be appropriately reflected in the report of the Subcommission, as well as in the expert studies carried out under its auspices. It also: called upon States to nominate as members and alternates persons meeting the criteria of independent experts, and to respect fully their independence; invited the Subcommission to continue to give due regard to new developments in the field of human rights; called upon it to observe the resolutions and decisions of the Commission and the Economic and Social Council regarding its work; requested it to thoroughly review its mandate and working methods to improve efficiency further and to avoid duplication with the Commission and its mechanisms; and decided to consider the report of the Subcommission on the issue of its review of its mandate and working conditions. By a resolution on minimum humanitarian standards, the Commission recognized the need to address principles applicable to situations of internal and related violence, disturbance, tensions and public emergency in a manner consistent with international law and including the Charter of the United Nations. It also recognized in that regard the vital importance of the existence in each country of appropriate national legislation for dealing with such situations in a manner consistent with the rule of law.

The Commission further invited all States to consider reviewing their national legislation relevant to situations of public emergency with a view to ensuring that it meets the requirement of the rule of law and that it does not involve discrimination on the grounds of race, colour, sex, language, religion, or social origin. It also welcomed the offer by Denmark, Finland, Iceland, Norway, and Sweden to organize, in cooperation with the International Committee of the Red Cross (ICRC), a workshop to which all governmental and non-governmental experts from all regions would be invited to consider that issue.

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Under a decision on the recognition of gross and large-scale violations of human rights as an international crime, the Commission postponed forwarding to the Economic and Social Council the draft decision of the Subcommission authorizing the preparation of a report on the recognition of gross and large-scale violations of human rights as an international crime in order to be able to take into account the work of other United Nations bodies in this field, including that of the International Law Commission.

By a decision on the question of the implications for human rights of United Nations action, including humanitarian assistance, in addressing international humanitarian problems and in the promotion and protection of human rights, the Commission, recalling its decision 1995/107 of 3 March 1995, decided not to forward to the Economic and Social Council the draft decision of the Subcommission authorizing a study on the topic.

Speaking on that text, MIGUEL ALFONSO MARTINEZ (Cuba), explaining Cuba's vote, said Cuba would not interfere with the possible adoption of the text. But the delegation wished to state that while it was the right of the Commission to disagree with the Subcommission, it was the right of the Subcommission to urge an idea whether or not it had previously won approval for it. The Subcommission had the right to continue to present the proposals it deemed fit to the Commission.

In a resolution on the human rights of persons with disabilities, the Commission: called upon the Secretary-General to maintain the integrity of programmes within the United Nations system relating to persons with disabilities; urged all human rights treaty monitoring bodies to respond positively to the invitation to monitor the compliance of States to the human rights standards for persons with disabilities; urged all governments to implement the Standard Rules on the Equalization of Opportunities for Persons with Disabilities; and invited governments and the private sector to contribute to the United Nations Voluntary Fund on Disability.

The Commission also: encouraged the development of a global disability indicator in the Commission on Social Development; expressed grave concern that situations of armed conflict had especially devastating consequences for the human rights of persons with disabilities; expressed deep concern at the indiscriminate use of anti-personnel mines and called upon all governments and the United Nations agencies to extend assistance in alleviating the suffering of the victims; and welcomed international efforts aimed at restricting and prohibiting the use of anti-personnel mines, and called upon governments to contribute to demining activities.

In a decision on systematic rape and sexual slavery during periods of armed conflict, the Commission endorsed the decision of the Subcommission to appoint Linda Chavez as Special Rapporteur with the task of undertaking an in-depth study of the situation of systematic rape, sexual slavery, and

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slavery-like practices during periods of armed conflict. It also decided to invite governments, competent bodies of the United Nations, the specialized agencies, regional intergovernmental organizations, and non-governmental organizations to provide information on the question, and requested the Economic and Social Council to approve the appointment of the Special Rapporteur.

In a decision on the human rights dimensions of population transfers, including the implantation of settlers and settlements, the Commission endorsed the recommendation of the Subcommission to request the Special Rapporteur on the topic to submit his final report to the Subcommission at its forty-eighth session.

In a resolution on the question of arbitrary detention, the Commission requested the working group on arbitrary detention to continue to gather information and invited it to take duly into consideration in its work the distinction between detention and imprisonment and to submit to the Commission at its fifty-third session its conclusions and recommendations on the question. It also: invited it to continue to take account of the need to carry out its task with discretion, objectivity, impartiality, and independence; expressed profound thanks to governments which had extended cooperation to the working group and responded to its requests for information, and asked all governments concerned to demonstrate the same spirit of cooperation; welcomed the fact that the working group had been informed of the release of many individuals whose situations had been brought to its attention; requested governments concerned to give the necessary attention to the "urgent appeals" addressed to them by the working group on a strictly humanitarian basis and without prejudging the nature of the detention.

The Commission also: encouraged governments to pay attention to the recommendations of the working group concerning persons mentioned in its report who had been detained for a number of years; expressed its concern that, according to the data of the group, most cases of arbitrary deprivation of liberty were motivated by denial of the exercise of the right to freedom of opinion and expression; noted with concern that according to the working group the practice of arbitrary detention was facilitated and aggravated by such factors as abuse of states of emergency, exercise of powers specific to states of emergency without a formal declaration, non-observance of the principle of proportionality between the gravity of measures taken and the situation concerned, too vague a definition of offenses against State security, and the existence of special or emergency jurisdictions; and encouraged States to take appropriate measures to ensure that their legislation in those fields was in conformity with international standards, and not to extend states of emergency beyond what was strictly required by the situation.

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Concerning that resolution, Mrs. FERRARO (United States) said her country would join consensus, but differed with certain aspects. The Commission should refrain from interfering unduly with the work of the working group, especially where such serious matters as detention was concerned.

LEONARD LEGAULT (Canada) said it wished to associate itself with the statement just made by the United States.

Under a resolution on staff members of the United Nations and the specialized agencies held in detention, the Commission: appealed once again to member States to respect and to ensure respect for the rights of staff members and other personnel acting under the authority of the United Nations and their families and to take the necessary measures to ensure the protection of United Nations and associated personnel in their territories; and requested the Secretary-General to continue his efforts to ensure that the human rights, privileges, and immunities of United Nations staff members, experts, and their families were fully respected and to seek redress and compensation for the damage caused to them, as well as their full reintegration, when their human rights, privileges, and immunities were violated.

The Commission also urged member States to: provide adequate and prompt information concerning the arrest or detention of staff members, experts, or their families; grant the representative of the competent international organization immediate access to them; allow independent medical teams to investigate the health of detained staff members, experts, and their families, and afford them the necessary medical assistance; allow representatives of the competent international organization to attend any hearing concerning staff members, experts, and their families; and ensure the speedy release of such people.

The Commission also invited member States to consider promptly signing and becoming parties to the Convention on the Safety of United Nations and Associated Personnel and invited the Secretary-General to prepare a document containing the relevant principles of protection found in the Convention for use as guidelines in negotiations with governments. It further requested the Secretary-General to submit to the Commission at its fifty-third session a report on the situation of staff members, experts, and their families detained, imprisoned, missing, or held against their will, and on cases successfully settled since the last report.

Through a resolution on the question of enforced disappearances, the Commission reminded the working group on enforced or involuntary disappearances of the need to observe, in its humanitarian task, United Nations standards and practices regarding the handling of communications and the consideration of government replies. The Commission also deplored the fact that some governments had never provided substantive replied concerning cases of enforced disappearances in their countries, or acted on the

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recommendations concerning them made by the working group, and urged governments concerned to take action as rapidly as possible concerning communications transmitted to them by the working group and to intensify their cooperation. It also urged governments to take steps to protect the families of disappeared persons, encouraged governments to consider inviting the working group to visit their countries, urged governments to take steps to ensure that human rights were protected during states of emergency, particularly rights related to preventing enforced disappearances, commended governments that had investigated and/or developed mechanisms for investigating cases of enforced disappearances, and invited the working group to continue to consider the question of impunity.

Under the terms of a resolution on human rights and forensic science, the Commission invited States to introduce into their rules and practices the international standards set forth in the Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary, and Summary Executions, as well as the model autopsy protocol set forth in the Manual on the Effective Prevention and Investigation of Extralegal, Arbitrary, and Summary Executions. The Commission also requested the Secretary-General to again consult with governments and relevant bodies and agencies with a view to identifying individual experts who might join forensic teams or provide advice or assistance, submitting biographical data on experts, and seeking their further advice on principles, guidance, procedures, and training. It further requested the Secretary-General to continue efforts to establish a list of forensic experts who could be requested to help international mechanisms in the field of human rights, and to update that list annually, and invited the Centre for Human Rights to consider revising the Manual based on experience gained. It recommended a draft decision on those matters to the Economic and Social Council for adoption.

In a resolution on human rights in the administration of justice, in particular of children and juveniles in detention, the Commission appealed to governments to include administration of justice as an integral part of the development process and to allocate adequate resources to it. It also invited governments to provide training in human rights and administration of justice, including juvenile justice, to all judges, lawyers, prosecutors, social workers, and others concerned with juvenile-justice matters. It further encouraged States to make use of technical assistance offered by the United Nations and urged the High Commissioner for Human Rights to consider favourably requests by States for assistance in the field of administration of justice. The Commission also recognized that every child and juvenile in conflict with the law must be treated in a manner consistent with his or her dignity and needs.

The Commission also called upon States to give high priority to the promotion and protection of all rights of the child and juveniles in the administration of justice and urged States to ensure compliance with the

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principle that depriving children and juveniles of their liberty should be used only as a measure of last resort and for the shortest appropriate period, and to ensure that child and juvenile detainees and prisoners were separated from adults. It requested the High Commissioner to continue to pay special attention to the subject of juvenile justice.

Mr. MARTINEZ (Cuba) said the delegation would not break consensus, but wished to say that it felt it would have been preferable for the text of the resolution adopted on 11 April on the Third Decade to remain as it had originally in paragraph 14.

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