ECONOMIC AND SOCIAL COUNCIL TAKES ACTION ON DRAFTS RECOMMENDED BY HUMAN RIGHTS COMMISSION
Press Release
ECOSOC/5680
ECONOMIC AND SOCIAL COUNCIL TAKES ACTION ON DRAFTS RECOMMENDED BY HUMAN RIGHTS COMMISSION
19960723 Votes on Texts Relating to Right to Development; Staff of Human Rights Centre; Human Rights in Cuba, Southern Lebanon, IraqThe Economic and Social Council this afternoon requested the Secretary- General to establish a programme unit in the Centre for Human Rights for the promotion of economic, social and cultural rights, particularly those related to the debt burden of developing countries and the implementation of the right to development, as it adopted, by a vote of 31 in favour to 20 against, with no abstentions, a decision recommended by the Commission on Human Rights. (For details of the voting, see Annex I.)
The above decision was one of five adopted by recorded votes as the Council took action on texts recommended by the Commission. In total, five resolutions and 25 decisions were adopted.
By a vote of 32 in favour to 20 against, with no abstentions, the Council approved the Commission's request to the Secretary-General to report to the General Assembly's fifty-first session on measures for improving the situation with respect to the composition of the staff of the Centre for Human Rights. (For details, see Annex II.) The Council voted 20 in favour to 8 against (China, Ghana, India, Indonesia, South Africa, Sudan, United Republic of Tanzania, Zimbabwe), with 22 abstentions, to extend for one year the mandate of the Special Rapporteur on the situation of human rights in Cuba. (Annex IV)
By a vote of 49 in favour to 1 against (United States), with 2 abstentions (Argentina, Côte d'Ivoire), the Council approved the Commission's request that the Secretary-General bring its resolution on the human rights situation in southern Lebanon and West Bekaa to the attention of Israel's Government and invite it to provide information concerning the text's implementation. (See Annex III.)
Voting 33 in favour to none against, with 18 abstentions, the Council decided to extend for a further year the mandate of the Special Rapporteur on the situation of human rights in Iraq. (Annex V)
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By three resolutions, adopted without a vote, the Council authorized meetings of the following bodies: the open-ended working group on the elaboration of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the open-ended intersessional working group elaborating a draft United Nations declaration on the rights of indigenous peoples; and the open-ended working group working on the elaboration of a draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms.
Also acting without a vote, the Council, by two other resolutions, approved the Commission's request to the Special Rapporteur on human rights and states of emergency to continue updating lists of States which have proclaimed, extended or terminated states of emergency; and requested the Secretary-General to transmit the final report of the Special Rapporteur on the heritage of indigenous people to members of the international community.
By a series of decisions, the Council:
-- Extended for one year the mandates of the Special Rapporteur on the situation of human rights in Burundi; the Special Rapporteur on the situation of human rights in Equatorial Guinea; the mandate of the expert for the special process dealing with missing persons in the territory of the former Yugoslavia; and the mandate of the Special Rapporteur on the situation of human rights in the Sudan; and
-- Extended for three years the mandates of the Special Rapporteur to examine incidents of contemporary forms of racism and the mandate of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.
In addition, the Council approved requests of the Commission to the Secretary-General to:
-- Provide the Special Rapporteur on religious intolerance with the necessary resources to carry out his mandate;
-- Report on the progress of efforts to ensure the full rights of persons with disabilities;
-- Maintain and update his list of forensic experts who could be requested to help international human rights mechanisms;
-- Ensure strict and transparent project management rules for the United Nations Voluntary Fund for Victims of Torture;
-- Convene, within existing resources, a fourth international workshop on national institutions for the promotion and protection of human rights;
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-- Report on the possibility of obtaining means to strengthen the capacity of the Centre for Human Rights;
-- Extend the mandate of the independent expert examining the situation of human rights in Guatemala; and
-- Establish an open-ended team to prepare the next workshop on regional human rights arrangements in the Asia and Pacific region.
In addition, the Council approved requests by the Commission: for the publication and distribution of model legislation on racism and racial discrimination; and for the study of how best to implement a programme of advisory services to Somalia. It also approved the Commission's recommendation to the Centre for Human rights to convene expert seminars on specific economic, social and cultural rights.
The Council also endorsed a Commission's decision to establish an intergovernmental group of 10 experts to elaborate a strategy for the implementation and promotion of the right to development. By another decision, it authorized meetings of the Working Group on Indigenous Populations of the Subcommission on the Prevention of Discrimination against Minorities.
Statements in the debate on human rights were made by the representatives of Ireland (on behalf of the European Union and associated States), Russian Federation, Turkey, Republic of Korea, United States, China, Japan, Cuba, Czech Republic and Belarus. A representative of the United Nations Educational, Scientific and Cultural Organization (UNESCO) also spoke.
Speaking in exercise of the right of reply were the representatives of Estonia, Russian Federation, Kuwait, Latvia, Iran and Iraq.
The Council will meet again at 10 a.m. tomorrow, 24 July, to continue its general segment.
Council Work Programme
The Economic and Social Council met this afternoon to continue its general segment, focusing on social, humanitarian and human rights questions.
Before the Council are reports relating to the implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination, and to the implementation of the Declaration on decolonization. On human rights questions, reports before the Council include the report of the Committee on the Rights of the Child (document A/51/41), report of the Committee on Economic, Social and Cultural Rights on its fourteenth session (documents E/1996/22 and Add.1), and report of the United Nations High Commissioner on Human Rights (document E/1996/87). (For background information on some of those reports, see Press Releases ECOSOC/5678, of 22 July, and ECOSOC/5679, of 23 July.)
Human Rights Drafts for Action
Excerpts from the report of the fifty-second session of the Commission on Human Rights (Geneva, 18 March-26 April) (documents E/1996/L.18 and Add.1) contain five draft resolutions and 42 draft decisions recommended for adoption by the Council.
By draft resolution I, the Council would approve the request to the Special Rapporteur on human rights and states of emergency to fulfil his mandate, in particular, relating to updating lists of States which have proclaimed, extended or terminated states of emergency; the submission of conclusions and recommendations concerning non-derogable rights in states or situations of emergency; and the continuation of his consultations on the establishment of a database on states of emergency.
Draft resolution II would have the Council authorize an open-ended working group of the Commission to meet for two weeks prior to its fifty-third session on the elaboration of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Secretary-General would be requested to extend the necessary facilities to the working group and to transmit its report to members of the international community.
Under the terms of draft resolution III, the Council would authorize the open-ended intersessional working group elaborating a draft United Nations declaration on the rights of indigenous peoples to meet for 10 working days prior to the Commission's fifty-third session. The Secretary-General would be requested to extend the necessary facilities for that purpose from within existing resources.
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By draft resolution IV, the Council would request the Secretary-General to transmit the final report of the Special Rapporteur on the heritage of indigenous people as soon as possible to members of the international community. The Special Rapporteur would be requested to prepare a supplementary report based on comments received from governments, indigenous communities and concerned organizations. The Council would decide that the basic and comprehensive study prepared by the Special Rapporteur on the protection of the cultural and intellectual property of indigenous people shall be published in all official languages of the United Nations, and be widely disseminated.
Draft resolution V would have the Council authorize an open-ended working group of the Commission to meet for one week prior to its fifty-third session to continue work on the elaboration of a draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms.
By 42 draft decisions, the Council would:
-- Approve the Commission's decision to extend for one year the mandate of the Special Rapporteur on the situation of human rights in Burundi;
-- Approve the Commission's request to publish and distribute as soon as possible model legislation on racism and racial discrimination for the guidance of governments in the enactment of further legislation against racial discrimination;
-- Approve the Commission's recommendation to the Centre for Human rights to convene expert seminars on specific economic, social and cultural rights with a view to clarifying the particular content of those rights;
-- Approve the Commission's request to the Secretary-General to establish a programme unit in the Centre for the promotion of economic, social and cultural rights, particularly those related to the debt burden of developing countries and the implementation of the right to development;
-- Decide to consider how best to promote system-wide action to promote and protect the right to development and deepen the review of all issues relevant to the implementation of that right, including the promotion of a favourable international economic environment; and endorse the Commission's decision to establish, for a two-year period, an intergovernmental group of 10 experts, based on equitable geographical distribution, to elaborate a strategy for the implementation and promotion of the right to development;
-- Approve the Commission's decision to extend for a three-year period the mandate of the Special Rapporteur to examine incidents of contemporary
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forms of racism, racial discrimination, any form of discrimination such as that against blacks, Arabs and Muslims, xenophobia, negrophobia, anti-Semitism and related intolerance;
-- Approve the Commission's request to the Secretary-General to provide the Special Rapporteur on religious intolerance with the necessary resources to carry out his mandate;
-- Approve the Commission's request to the Secretary-General to report on the progress of efforts to ensure the full rights of persons with disabilities;
-- Approve the Commission's request to the Secretary-General to maintain and update his list of forensic experts who could be requested to help international human rights mechanisms;
-- Approve the Commission's requests that the Secretary-General ensure strict and transparent project management rules for the United Nations Voluntary Fund for Victims of Torture and that he arrange annual information meetings open to all States and organizations involved in projects supported by the Fund;
-- Authorize the Working Group on Indigenous Populations of the Subcommission on the Prevention of Discrimination against Minorities to meet for five working days prior to the forty-eighth session of the Subcommission;
-- Approve the Commission's request to the Secretary-General to convene, within existing resources, a fourth international workshop on national institutions for the promotion and protection of human rights, to be held, if possible, in Latin America in 1996 or 1997;
-- Endorse the Commission's decision to renew for a three-year period the mandate of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression;
-- Approve the Commission's request to the Secretary-General to report to the General Assembly at its fifty-first session on the possibility of obtaining technical and financial means to strengthen the capacity of the Centre for Human Rights to provide assistance to national projects aiming at the realization of human rights and the maintenance of the rule of law;
-- Approve the Commission's request to the independent expert studying ways and means of how best to implement a programme of advisory services to Somalia to report to its fifty-third session;
-- Approve the Commission's request to the independent expert to report to its fifty-third session on the development of the human rights situation in
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Haiti and on the initiation of the technical cooperation programme in the area of human rights;
-- Approve the Commission's request to the Secretary-General to extend the mandate of the independent expert examining the situation of human rights in Guatemala so that she may continue her work and report to the Commission's fifty-third session on measures taken by the Government in that regard;
-- Approve the Commission's request to the Secretary-General to establish an open-ended team comprised of representatives of interested governments of the Asian and Pacific region to ensure the effective preparation of the next workshop on regional human rights arrangements in the Asia and Pacific region;
-- Approve the Commission's request to the Secretary-General to report to the General Assembly's fifty-first session on measures for improving the situation with respect to the composition of the staff of the Centre for Human Rights;
-- Endorse the Commission's decision to renew for one year the mandate of the Special Rapporteur on the situation of human rights in Equatorial Guinea;
-- Approve the Commission's request that the Secretary-General bring its resolution on the human rights situation in southern Lebanon and West Bekaa to the attention of Israel's Government and invite it to provide information concerning the text's implementation;
-- Endorse the Commission's decision to extend for one year the mandate of the Special Rapporteur on the situation of human rights in Cuba;
-- Endorse the Commission's decision to extend for one year the mandate of the expert for the special process dealing with missing persons in the territory of the former Yugoslavia and the revised mandate of the Special Rapporteur on the situation of human rights there;
-- Endorse the Commission's decision to extend for a further year the mandate of the Special Rapporteur on the situation of human rights in Iraq; and approve the Commission's request to the Secretary-General to provide appropriate additional resources, from within existing overall resources, to fund the sending of human rights monitors to locations that would help in the independent verification of reports on the human rights situation in Iraq;
-- Endorse the Commission's decision to extend for an additional year the mandate of the Special Rapporteur on the situation of human rights in the Sudan;
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-- Approve the Commission's invitation to the Special Rapporteur on extrajudicial, summary or arbitrary executions to report to the General Assembly's fifty-first session on, among others, recommendations to combat that phenomenon;
-- Endorse the Commission's decision to extend for one year the mandate of the Special Rapporteur on the situation of human rights in Afghanistan;
-- Endorse the Commission's decision to extend for an additional year the mandate of the Special Rapporteur on the situation of human rights in Rwanda;
-- Endorse the Commission's decision to extend the mandate of the Special Rapporteur on the situation of human rights in Zaire;
-- Endorse the Commission's recommendation that the Council consider devoting the coordination segment of its 1998 substantive session to the question of the coordinated follow-up to, and implementation of, the Vienna Declaration and Programme of Action adopted at the 1993 World Conference on Human Rights;
-- Approve the Commission's request to the two thematic Special Rapporteurs who have requested a joint investigative visit to Nigeria to report to the Commission's next session on their findings;
-- Approve the Commission's decision to extend for one year the mandate of the Special Rapporteur on the situation of human rights in Myanmar to establish or continue direct contacts with the Government and people of that country, including political leaders deprived of their liberty, their families and their lawyers;
-- Approve the Commission's request to the Secretary-General to continue to convene at least twice a year in Geneva meetings with interested States to provide information and exchange views on the activities of the Centre for Human Rights;
-- Endorse the Commission's decision to extend for a further year the mandate of the Special Rapporteur on the situation of human rights in Iran;
-- Approve the Commission's requests: to the working group on a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, as well as to the working group on the question of a draft optional protocol to that Convention on the sale of children, child prostitution and child pornography, to each meet for two weeks, or less if possible, prior to the Commission's fifty-third session; and to the Secretary-General to provide the Special Rapporteur on the sale of
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children, child prostitution and child pornography with all necessary resources to discharge her mandate;
-- Endorse the Commission's decision to establish an open-ended working group to meet for one week prior to its fifty-third session to elaborate policy guidelines on economic, social and cultural rights; and endorse the Commission's decision to invite members of the international community to contribute to that process;
-- Authorize the holding of an expert seminar on the practice of forced evictions with a view to developing comprehensive human rights guidelines on development-based displacement;
-- Approve the Commission's decision to endorse 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 slavery-like practices during periods of armed conflict and to invite members of the international community to contribute information thereon;
-- Approve the Commission's decisions to endorse the recommendation of the Subcommission to request the Special Rapporteur on the question of the human rights dimensions of population transfer, including the implantation of settlers and settlements, to report to the Subcommission's forty-eighth session;
-- Approve the Commission's decision to endorse the recommendation of the Subcommission to request the Special Rapporteur on treaties, agreements and other constructive arrangements between States and indigenous populations to submit a third report to the Working Group on Indigenous Populations at its fourteenth session and to the Subcommission at its forty-eighth session, as well as a final report to both at their fifteenth and forty-ninth sessions, respectively;
-- Approve the Commission's recommendation that the dates for the Commission's annual regular session be rescheduled to take place in March/April each year, and that, accordingly, the fifty-third session be rescheduled to take place from 10 March to 18 April 1997; and
-- Authorize, if possible within existing resources, 40 fully serviced additional meetings, including summary records, for the Commission's fifty- third session, and approve the Commission's request to the Chairman of that session to make every effort to organize the work within the times normally allotted.
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The addendum to the extract, on administrative and programme budget implications, states that no additional regular budget resources would be required as a result of the adoption of the resolutions and decisions.
Statements on Human Rights
JOHN BIGGAR (Ireland), speaking on behalf of the European Union, as well as of Bulgaria, Czech Republic, Hungary, Latvia, Lithuania, Poland, Romania, Iceland and Liechtenstein, said the Union was concerned that lack of resources was hampering the vital work of the Centre and of the various human rights mechanisms established by the Commission and the treaty bodies. It was also hindering the Centre in its ability to meet the increasing need for the presence of human rights observers in the field. It was essential that the field operations, notably in Burundi and Rwanda, received the funding necessary to enable them to operate.
The Union supported the efforts of the High Commissioner to restructure the Centre, he said. The affirmation at Vienna that the human rights of women are an inalienable and indivisible part of human rights had been reaffirmed at subsequent United Nations conferences. It was a matter of concern that some States sought to use the Vienna consensus as a pretext to prevent examination by the international community of human rights. He regretted that, at the fifty-second session of the Commission, China had introduced a no-action motion on the draft resolution entitled "situation of human rights in China". The Union remained concerned at the violation and denial of human rights in China.
The Union also continued to monitor closely the human rights situation in the former Yugoslavia, he said. He called on the authorities of the Republika Srpska to cooperate with international experts working at mass grave sites. He also expressed concern about the rights of minority Serbs in Croatia and ethnic minorities in the Federal Republic of Yugoslavia, including Kosovo. The situation in the Great Lakes region of Africa, particularly in Burundi, was of concern. Also, the restrictions on fundamental rights of speech, movement and association in Myanmar were a matter of concern. In addition, the Union was seriously concerned about resumption of hostilities in Chechnya.
ALEXANDR GORELICK (Russian Federation) said recognized norms of human rights were generally ignored in those States where xenophobia emerged. Such xenophobia made a return to normal life even more difficult. Even after the triumph of the world community in getting rid of apartheid, racism had continued. He stressed that special provisions were required to guide the rights of minorities. The Russian Federation had drawn attention to the situation of Russian speaking people in Estonia and Latvia, who had been denied citizenship. It was gratifying that an awareness of their situation was growing.
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Recently, Estonia had annulled a decision by which in July this year people with Russian passports would have become without a status in the country, he said. While it welcomed that annulment, the Russian Federation would continue to raise the situation of the Russian-speaking people until their status was justly ironed out. He stressed that the situation in Chechnya was painful. Citizens of the Russian Federation, no matter what their nationality, continued to perish. The Russian Federation had continued to take steps to reach a political settlement. However, all violent measures would meet an appropriate response.
AHMET ARDA (Turkey), speaking on the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination, said the activities were appropriate.
Concerning the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, he said that the late publication of three addendums on that issue at the Commission's session had made it impossible for delegations to fully consider the matter, and aspects of it had been deferred to the next session. He said he wished to remind the Council of that situation.
KWANG JAE LEE (Republic of Korea) said there was a need for a renewed effort on economic, social and cultural rights, particularly the right to development. The Republic of Korea had welcomed a less confrontational and more cooperative spirit at the Commission's session. None the less, a restructuring of the Commission's agenda was warranted in order to avoid duplication.
He went on to say that substantial progress had been made in recent years in the field of women's rights, particularly in efforts to eliminate violence against women. Despite serious progress achieved, the problem persisted as one of the most basic violations of women's rights. The Republic of Korea fully supported the appointment of Linda Chavez as Special Rapporteur on systematic rape, sexual slavery and slavery-like practices during periods of armed conflict. Efforts to reinforce the human and financial resources for the Centre for Human Rights were welcome. The Republic of Korea would contribute office equipment and financial assistance in the amount of $500,000 to the Centre.
LUCY TAMLYN (United States) expressed her Government's concern that "Burma's military regime" continued to harass the opposition. Particularly worrisome were reports that the Government might increase its crackdown. On 8 July, the Government had run a disturbing article which had stated that if the father of Aung San Suu Kyi were alive today, he would have been tempted to shoot his daughter. The only solution to that situation would require dialogue among the parties.
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The human rights situation in Iran also caused concern, she said. Numerous violations of human rights persisted, including persecution of minority groups, such as the Baha'is, Zoroastrians, Jews and Christians. The international community must speak out against such abuses. Concern also arose over events in Burundi, where "violence begat violence". All Burundians must denounce violence, reject extremism and work together to resolve their problems.
She said the Human Rights Commission had worked efficiently at its recent session, and had achieved consensus on a number of important issues, including the human rights situation in the Sudan. The Commission's agenda still needed rationalization. Special attention had been paid to women's human rights, with many resolutions calling for an examination of gender- specific topics. "This, we feel, particularly in the year following the Beijing Conference, is of great importance."
WANG XUEXIAN (China) said the Commission's last session had received much attention worldwide. Progress had been made in a variety of areas, with attention to violations of human rights caused by occupation, as well as to the emergence of new forms of racism and xenophobia, which were condemned. The resolution on the right to development had been adopted by consensus for the first time in many years. The erroneous practice of pursuing double standards in the field of human rights and politicizing them had met with sharper criticism. "We are pleased to note that the reform proposal put forward by some developing countries to strengthen cooperation and oppose confrontation received wide response at this session of the Commission."
While affirming the progress achieved by the Commission, China could not help but express its regret over some abnormalities, he said. Economic and social rights had failed to be accorded the same attention as civil and political rights. Only six or seven of the 114 resolutions adopted by the Commission had been dedicated exclusively to economic, social and cultural rights. "On the other hand, some countries, still clinging to the cold war thinking and posing themselves as human rights judges, still regarded other countries as dependencies. They could mention in one breath more than 60 countries by name at the Commission and propose draft resolutions on the human rights situation in many developing countries, making unwarranted accusations against them. However, they turned a blind eye to and kept silent about violations of human rights in their own countries and group of countries." That practice seriously undermined the Commission's work.
International cooperation in the field of human rights should be based on equality and mutual respect, he said. China was tired of statements made against it with the aim of using human rights as a pretext for exerting pressure on China and other developing countries to destroy their unity and stability while restraining growth. That was the same sort of practice used by colonialists and imperialists who had destroyed countries in the past.
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JIRO USUI (Japan) said his country supported the restructuring of the Centre for Human Rights and hoped it would proceed smoothly and in a timely fashion. It hoped that ongoing efforts to restructure the Centre would further enhance it. Japan appreciated the work of the High Commissioner in his continuing dialogue with governments to engender greater support for human rights. Last March, Japan had contributed $600,000 to human rights operations in Rwanda.
RODOLFO REYES RODRIGUEZ (Cuba) said his country welcomed the report on the implementation of the Programme of Action for the third anti-racism Decade. He expressed concern at the resources available to the Centre, adding that a lack of resources affected its work. He stressed that the strengthening and streamlining of the Commission was important. Emphasizing that politicization of human rights was undesirable, he reaffirmed his country's support to human rights.
NADEZDA HOLIKOVA (Czech Republic) said her country's constitution strictly prohibited discrimination based on sex, race, colour, ethnic or social origin or other status. Constitutional provisions allowed for direct application of human rights treaties, which superseded national laws. Unfortunate violations of the rights of the Romany community had emerged in recent years. In response, the Government had strengthened measures to protect the rights of minorities, including in such areas as education and awareness-raising. A law was being drafted which substantially increased penalties for hate crimes. The Czech Republic recognized the importance of promoting tolerance. It had the constitutional framework for that purpose, but educational efforts were needed to make tolerance a reality.
IGAR GUBAREVICH (Belarus) welcomed the spirit of consensus which had prevailed at the last session of the Commission. Such a spirit should be further pursued, as it added greater credence to the decisions taken. It was essential to take a new look at the types of resolutions adopted. Constructive dialogue was needed to overcome differences. The United Nations should support contacts among States on issues of interest. Belarus advocated the timely submission of reports by States on implementation of various human rights treaties which they had ratified.
NINA SIBAL, a representative of the United Nations Educational, Scientific and Cultural Organization (UNESCO), said that, last year, her organization had been the lead agency for the United Nations' International Year of Tolerance. Activities during the Year, which culminated in the adoption of a Declaration on Tolerance, promoted peace, human rights and development. General Assembly resolution 50/173 had encouraged the Director- General of UNESCO to take all necessary actions to ensure education for peace, human rights, democracy, international understanding and tolerance. A detailed report in that regard would be presented to the Assembly's Third Committee (Social, Humanitarian and Cultural) at the upcoming session.
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The primary responsibility for UNESCO in the implementation of the Vienna Declaration and Programme of Action was in human rights education, she said. The UNESCO's activities in that area came under the World Plan of Action on Education for Human Rights and Democracy, adopted at Montreal in March 1993, and upon the recommendation of the UNESCO International Conference on Education at its forty-fourth session (1994). The signature of a memorandum of cooperation between the United Nations High Commissioner for Human Rights and the UNESCO Director-General in November 1995 was also making it possible to carry out those activities in closer consultation while avoiding duplication.
Some delegations had proposed that the Assembly convene a special session in 1999 to discuss the issue of "a culture of peace", she said, adding that if such a proposal found acceptance among Member States, UNESCO would assume any responsibilities given to it in that regard.
Action on Reports
Next, the Council took note of the following documents: report of the Secretary-General on the implementation of the Programme of Action for the Third Decade against Racism and Racial Discrimination (document E/1996/83); report of the Secretary-General on the implementation of the Declaration on decolonization (document A/51/212); report of the Secretary-General on assistance to the Palestinian people (document A/51/171-E/1996/75); report of the High Commissioner for Human Rights (document E/1996/87); report of the Committee on Economic, Social and Cultural Rights on its thirteenth session (document E/1996/22); and report of the Committee on the Rights of the Child (document A/51/41).
Action on Human Rights Drafts
The Council then took up the extract of the report of the Commission on Human Rights on its fifty-first session.
Draft resolution I, on the question of human rights and states of emergencies, was adopted without a vote.
The Council then took up draft resolution II, on the elaboration of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The draft was adopted without a vote.
Next, the Council took up draft resolution III, on the open-ended intersessional working group elaborating a draft United Nations declaration on the rights of indigenous peoples, which was also adopted without a vote.
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Draft resolution IV, on the Special Rapporteur on the heritage of indigenous people, was also adopted without a vote.
The representative of Japan said a study by the Special Rapporteur mentioned in the resolution had already been published in all official languages as called for in the resolution. The Secretariat should take account of that in order to make the best use of resources.
Also acting without a vote, the Council adopted draft resolution V, on the elaboration of a draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms.
Next, the Council turned to the draft decisions recommended by the Commission for adoption.
Acting without a vote, the Council adopted the decision extending the mandate of the Special Rapporteur on the situation of human rights in Burundi.
Also without a vote, it adopted the decision on model legislation on racism and racial discrimination.
The Council next adopted the decision on expert seminars on specific economic, social and cultural rights, without a vote.
The draft decision on the debt burden of developing countries and the implementation of the right to development was then taken up.
The representative of Ireland, speaking on behalf of the European Union, said he fully supported the efforts of the High Commissioner to restructure the Centre for Human Rights. The draft decision in question ran contrary to the restructuring of the Centre. For that reason, the Union had requested a vote and would vote against it.
The draft was then put to a vote.
By a vote of 31 in favour to 20 against, with no abstentions, the Council adopted the decision on the debt burden of developing countries and the implementation of the right to development. (For details of the voting, see Annex I.)
Speaking after action, the representative of Japan said his country had extended assistance to heavily indebted countries and would continue to do so, but, regrettably, the text just adopted did not reflect language agreed upon at the World Conference on Human Rights (Vienna, 1993). Instead, it sought to tie the debt burden to human rights, which Japan could not accept, so he had voted against the text.
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Next, the decision on the right to development was adopted without a vote.
The Council then adopted the decision on the Special Rapporteur to examine incidents of contemporary forms of racism, also without a vote.
Acting without a vote, the Council adopted the decisions on the following topics: the Special Rapporteur on religious intolerance; the rights of persons with disabilities; forensic experts who could be requested to help international human rights mechanisms; the United Nations Voluntary Fund for Victims of Torture; the Working Group on Indigenous Populations; national institutions for the promotion and protection of human rights; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and assistance to States in the field of human rights.
Also adopted without a vote were decisions concerning a programme of advisory services to Somalia, and human rights in Haiti.
The decision on assistance to Guatemala in the field of human rights was taken up next.
The representative of Ireland, speaking on behalf of the European Union, said the Union continued to monitor the situation in Guatemala. The new Government had taken a number of encouraging steps to address longstanding human rights problems. The Union called on all parties in the Guatemala peace process to conclude a comprehensive agreement under which human rights would be respected. The Government must implement a comprehensive policy against impunity. The Commission's Independent Expert and the United Nations Human Rights Verification Mission in Guatemala (MINUGUA) performed separate, but complementary, roles. The Government must continue its cooperation with the Independent Expert.
The representative of Guatemala said, since the democratic transition in 1986, her country had adopted some 46 international human rights instruments. The Government noted with satisfaction that its efforts for national reconciliation had not been in vain. The Government and the Unidad Revolucionaria Nacional Guatemalteca (URNG) had engaged in an irreversible peace process. The two parties were committed to reaching agreement on all outstanding differences. Such progress would not have been possible without the support of friendly countries. The process of demilitarizing paramilitary groups had begun.
It was necessary to mention that based on recommendations it had received regarding human rights, decree 4895 of the Congress of the Republic had come into force, whereby the penal code had been reformed to incorporate the crimes of enforced disappearances, she said. That and other innovations had allowed the country to take strides in combating impunity. The process of
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returning Guatemala refugees from neighbouring countries had been accompanied by new laws to regulate their return. Building peace was a difficult and complicated task which required the cooperation of all sectors of society, as well as the economic support of the international community. The Government believed that financing the agreements with the URNG would cost an amount in excess of $2 billion, including for the building of infrastructure and the revitalization of the judiciary. The international community should provide two thirds of that amount.
The decision on assistance to Guatemala in the field of human rights was then adopted without a vote.
Also without a vote, the Council adopted the decision on regional arrangements for the promotion and protection of human rights in the Asia and Pacific region.
The decision on the composition of the staff of the Centre for Human Rights was then taken up.
The representative of Ireland, speaking on behalf of the European Union, said the Union had requested a recorded vote on the draft decision because it ran contrary to Article 101 of the United Nations Charter.
[Article 101 of the Charter states in part that "the paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible".]
The Council then adopted the resolution on the composition of the staff of the Centre for Human Rights by a vote of 32 in favour to 20 against, with no abstentions. (For details, see Annex II.)
The Council then adopted, without a vote, the decision on the situation of human rights in Equatorial Guinea.
Next, the Council took up the draft decision on the situation of human rights in southern Lebanon and West Bekaa.
The representative of the United States requested a recorded vote on the draft.
The representative of Lebanon said the English version of the Commission's report contained an error on the number of votes on resolution 1996/68, which was on the same topic as the draft decision before the Council for action. It should have stated 50 in favour to 1 against, with
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2 abstentions, rather than 50 in favour to 11 against, with 2 abstentions. He called for a correction of that error.
The draft decision on the situation of human rights in southern Lebanon and West Bekaa was then adopted by a vote of 49 in favour to 1 against (United States), with 2 abstentions (Argentina, Côte d'Ivoire). (See Annex III.)
The decision on human rights in Cuba was then taken up.
The representative of Cuba said his country completely rejected the draft decision. The position of Cuba was well-known: it could not recognize the legitimacy of a draft which was a part of the fraudulent exercise of the policies of the United States against Cuba. That was the same country which had recently promulgated the so-called Helms-Burton law, a criminal, immoral and illegal attempt to deprive a country of basic services, including food and medicine. The scarce resources of the United Nations should not be wasted on a futile exercise such as that. Cuba would continue its historic process of independence and national dignity, and would continue to work with the United Nations and those who supported the enjoyment of human rights in all parts of the world. Cuba rejected the draft and any decision which was similarly unjust and unfair.
The decision on human rights in Cuba was adopted by a vote of 20 in favour to 8 against (China, Ghana, India, Indonesia, South Africa, Sudan, United Republic of Tanzania, Zimbabwe), with 22 abstentions. (Annex IV)
Acting without a vote, the Council adopted the decision on the special process dealing with missing persons in the territory of the former Yugoslavia.
Next, the Council took up the decision on the situation of human rights in Iraq.
The representative of Ireland, speaking on behalf of the European Union, called on Iraq to end all violations of human rights and to comply with international human rights covenants, as well as the decision of the Commission on Iraq's human rights situation. The Iraqi authorities must faithfully implement the plan agreed upon for the provision of food and humanitarian supplies to the country.
The decision on the situation of human rights in Iraq was then adopted by a vote of 33 in favour to none against, with 18 abstentions. (Annex V)
Speaking after the vote, the representative of Iraq said his country believed in the principles of human rights. The decision in question had a political angle which had nothing to do with human rights. It had ignored the amnesty granted to prisoners in Iraq. His Government had tried hard to strike
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a balance between the rights of prisoners and the welfare of society. The decision ignored the situation in Iraq and failed to see that the Government had been forced to take strong measures against criminals as a deterrent. In fact, the human rights in Iraq were violated by the same parties who claimed that they wanted to protect them. He asked: Why was not the genocide of Iraqi men, women and children condemned? What was more important, the rights of a few criminals or the rights of 20 million Iraqis? Moreover, crime in Iraq had increased as a result of poverty and hunger which had been brought on by the blockade. Iraq rejected the decision.
The representative of Egypt said his country was keen to respect basic human rights in all parts of the world. Therefore, it had requested the Iraqi Government to release all Kuwaiti prisoners.
The representative of the United Kingdom asked who had called for the vote on the draft decision pertaining to Iraq.
The Council President said Egypt had asked for the vote.
The representative of Egypt thanked the President for identifying his country and asked who had requested for a vote on the decision pertaining to Cuba.
The Council's Secretary said the vote on the decision on Cuba had been requested by Ghana and India.
The representative of Kuwait said her delegation would like to answer some points raised by the representative of Iraq. Kuwait had suffered for seven months during Iraq's invasion so it could identify with the suffering of the Iraqis. She stressed the importance of releasing prisoners in Iraq's prisons.
The draft decision on the situation of human rights in the Sudan was then taken up by the Council.
The representative of Egypt said his country reaffirmed its commitment to human rights and fundamental freedoms in all parts of the world. There was a double standard persisting in the Commission. Egypt's consistent attitude towards observers monitoring the human rights situation in the Sudan was that the political and legal aspects of that question were not clear. Egypt fully rejected any interference into the affairs of any State, including the Sudan, which, he added, had to maintain its good neighbourliness and respect human rights.
The representative of Ireland, speaking on behalf of the European Union, expressed concern about the human rights situation in the Sudan, which was characterized by torture and other violations. The Government must act to
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restore the rights of the suffering population. The parties to the conflict must fully support respect for human rights. The Government must fully cooperate with the Special Rapporteur, Gaspar Biro, in his forthcoming scheduled visit to the country.
The representative of the Sudan said her country was committed to the promotion and protection of human rights as embodied in all human rights agreements to which it was a party. His Government had declared a national amnesty for all political detainees. The Sudan had signed a peace agreement with those rebel factions that were committed to peace. It had given permission to a C-130 airplane to deliver relief to areas controlled by rebels, despite concerns by the Government about that action.
The Government was investigating all situations, including disappearances, raised by the international community, she said. It had invited the Special Rapporteur on religious intolerance to investigate allegations in the field. It would also fully cooperate with Special Rapporteur Gaspar Biro. The Government was aware that the conflict in the Sudan was the basis of many rights violations, but wished to point out that the activities of the rebels were responsible for that situation. The Sudan was committed to human rights but refused to accept their manipulation for political reasons.
The decision on the human rights situation in Sudan was then adopted without a vote.
Right of Reply
TOOMAS LUKK (Estonia) said that he had not intended to speak, but the representative of the Russian Federation had compelled him to do so. He said he had been surprised to find a letter among the documents on human rights from the Russian Federation concerning Russians in Estonia. The accusations raised by the Russian Federation were politically motivated and disregarded the facts. A United Nations mission had gone to Estonia in February 1993, and its report, published in document A/48/511, stated that no specific incidents of discrimination had been found. The claims of violations of human rights had not been substantiated by any outside observers.
He went on to say that Estonia had worked to overcome the legacy of Soviet occupation, and it was seeking to better protect the human rights of all. The country's laws had been fully reviewed by international experts. Estonia's legislation, including on human rights issues, had been praised as a model for others. The Russian Federation was working to spread confusion by misusing human rights issues for political purposes. He called upon the Russian Federation to avoid rhetoric and engage in comprehensive discussions with the Government of Estonia.
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OLEG MALGONINOV (Russian Federation) said his country had set forth its position on the Russian-speaking population in Estonia and Latvia in its earlier statement. Presenting the position of a sovereign delegation on human rights could not be viewed as an abuse of the human rights machinery. Discussion of human rights did not constitute interference in the internal affairs of a State. The situation in Latvia had been recognized by other countries. To solve the problems regarding the human rights situation of the Russian-speaking population, concrete steps, not just verbal ones, must be taken.
He said that Estonia's representative had emphasized that human rights issues were sensitive. That country must also reflect its stated concern for human rights in acts and deeds which would result in observance of the entire set of human rights for all residents in Estonia, regardless of their nationality. Then relations between Russia and Estonia and Russia and Latvia would improve.
BADER MOHOMMAD AL-AWADI (Kuwait) said Iraq had asserted that there were no Kuwaiti prisoners in Iraq, but there were 625 prisoners held by the Iraqi authorities, who moved them from one prison to another in order to conceal their existence. Iraq was intransigent and was working to hide all data on Kuwaiti prisoners taken during the invasion. That showed that Iraq was not implementing the resolutions of the Security Council.
IVARS ROBERTS SLOKENBERGS (Latvia) said the Russian Federation had made allegations based on falsehoods. The churning of lies by that country had continued over the four years that Estonia and Latvia had rebuilt after the Soviet rule. According to various international bodies, Latvia had followed all international norms on human rights. Therefore, the continued churning of lies by the Russian Federation in various United Nations bodies was an abuse of human rights machinery. As a representative of Latvia had stated two years ago, it was intriguing that the Russian Federation should focus on Estonia and Latvia and their human rights situation when armed fighting continued in many parts of the former Soviet Union.
SEYED HOSSEIN REZVANI (Iran) said once again the United States delegate had used the time of the Council to level antique allegations of human rights violations in Iran. Iran categorically rejected those allegations. He stressed that the Council should not allow countries to politicize human rights. The United States delegate had obviously not read the report of the Commission on Human Rights on Iran, which contradicted all of what she had said. The United States would do better to take steps to attend racism within its borders. There were over 1 million inmates in prisons in the United States and the situation of the African-Americans was particularly bad in that regard. The United States allegations stemmed from the failure of its hegemonistic policies in the region. Also, the rhetoric was stronger because the current year was an election year in the United States.
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KHALED AL-HITTI (Iraq) said that there were no prisoners or hostages in Iraq. But there were missing persons and Iraq had cooperated and continued to cooperate with the International Committee of the Red Cross to find those persons. It had participated in all technical committees on the subject. However, the issue of Kuwaiti missing persons was a humanitarian issue and should not be politicized. Iraq had no interest in hiding data on missing persons.
(annexes follow)
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ANNEX I
Vote on Unit for Promotion of Economic and Social Rights
The draft decision entitled "effects on the full enjoyment of human rights of the economic adjustment policies arising from foreign debt and, in particular, on the implementation of the Declaration on the Right to Development was adopted by a recorded vote of 31 in favour to 20 against, with no abstentions, as follows:
In favour: Argentina, Bangladesh, Brazil, Central African Republic, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Egypt, Ghana, Guyana, India, Indonesia, Jamaica, Jordan, Lebanon, Malaysia, Nicaragua, Pakistan, Paraguay, Philippines, Senegal, South Africa, Thailand, Togo, Tunisia, Uganda, United Republic of Tanzania, Venezuela, Zimbabwe.
Against: Australia, Belarus, Bulgaria, Canada, Czech Republic, Finland, France, Germany, Greece, Ireland, Japan, Luxembourg, Netherlands, Poland, Portugal, Romania, Russian Federation, Sweden, United Kingdom, United States.
Abstaining: None.
Absent: Congo, Gabon, Sudan.
(END OF ANNEX I)
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ANNEX II
Vote on Composition of Staff of Centre for Human Rights
The draft decision on measures for improving the situation with respect to the composition of the staff of the Centre for Human Rights was adopted by a recorded vote of 32 in favour to 20 against, with no abstentions, as follows:
In favour: Argentina, Bangladesh, Brazil, Central African Republic, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Egypt, Ghana, Guyana, India, Indonesia, Jamaica, Jordan, Lebanon, Malaysia, Nicaragua, Pakistan, Paraguay, Philippines, Senegal, South Africa, Sudan, Thailand, Togo, Tunisia, Uganda, United Republic of Tanzania, Venezuela, Zimbabwe.
Against: Australia, Belarus, Bulgaria, Canada, Czech Republic, Finland, France, Germany, Greece, Ireland, Japan, Luxembourg, Netherlands, Poland, Portugal, Romania, Russian Federation, Sweden, United Kingdom, United States.
Abstaining: None.
Absent: Congo, Gabon.
(END OF ANNEX II)
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ANNEX III
Vote on Human Rights in Southern Lebanon and West Bekaa
The draft decision on the situation of human rights in southern Lebanon and West Bekaa was adopted by a recorded vote of 49 in favour to 1 against, with 2 abstentions, as follows:
In favour: Australia, Bangladesh, Belarus, Brazil, Bulgaria, Canada, Central African Republic, Chile, China, Colombia, Costa Rica, Czech Republic, Egypt, Finland, France, Germany, Ghana, Greece, Guyana, India, Indonesia, Ireland, Jamaica, Japan, Jordan, Lebanon, Luxembourg, Malaysia, Netherlands, Nicaragua, Pakistan, Paraguay, Philippines, Poland, Portugal, Romania, Russian Federation, Senegal, South Africa, Sudan, Sweden, Thailand, Togo, Tunisia, Uganda, United Kingdom, United Republic of Tanzania, Venezuela, Zimbabwe.
Against: United States.
Abstaining: Argentina, Côte d'Ivoire.
Absent: Congo, Gabon.
(END OF ANNEX III)
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ANNEX IV
Vote on Human Rights in Cuba
The draft decision on the situation of human rights in Cuba was adopted by a recorded vote of 20 in favour to 8 against, with 22 abstentions, as follows:
In favour: Australia, Bulgaria, Canada, Chile, Czech Republic, Finland, France, Germany, Greece, Ireland, Japan, Luxembourg, Netherlands, Nicaragua, Paraguay, Portugal, Romania, Sweden, United Kingdom, United States.
Against: China, Ghana, India, Indonesia, South Africa, Sudan, United Republic of Tanzania, Zimbabwe.
Abstaining: Argentina, Bangladesh, Belarus, Brazil, Central African Republic, Colombia, Côte d'Ivoire, Egypt, Guyana, Jamaica, Jordan, Lebanon, Malaysia, Pakistan, Philippines, Poland, Russian Federation, Thailand, Togo, Tunisia, Uganda, Venezuela.
Absent: Congo, Costa Rica, Gabon, Senegal.
(END OF ANNEX IV)
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ANNEX V
Vote on Human Rights in Iraq
The draft decision on the situation of human rights in Iraq was adopted by a recorded vote of 33 in favour to none against, with 18 abstentions, as follows:
In favour: Argentina, Australia, Belarus, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica, Czech Republic, Finland, France, Germany, Ghana, Greece, Guyana, Ireland, Jamaica, Japan, Luxembourg, Netherlands, Nicaragua, Paraguay, Poland, Portugal, Romania, Russian Federation, Senegal, South Africa, Sweden, United Kingdom, United States, Venezuela.
Against: None.
Abstaining: Bangladesh, Central African Republic, China, Côte d'Ivoire, Egypt, India, Indonesia, Jordan, Lebanon, Malaysia, Pakistan, Philippines, Thailand, Togo, Tunisia, Uganda, United Republic of Tanzania, Zimbabwe.
Absent: Congo, Gabon, Sudan.
* *** *