GA/SHC/3397

HOLY SEE CALLS FOR LIFTING OF ECONOMIC SANCTIONS AGAINST BURUNDI AS THIRD COMMITTEE CONTINUES DEBATE ON HUMAN RIGHTS ISSUES

20 November 1996


Press Release
GA/SHC/3397


HOLY SEE CALLS FOR LIFTING OF ECONOMIC SANCTIONS AGAINST BURUNDI AS THIRD COMMITTEE CONTINUES DEBATE ON HUMAN RIGHTS ISSUES

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The Holy See called for a lifting of economic sanctions against Burundi, especially the delivery of humanitarian supplies, as the Third Committee (Social, Humanitarian and Cultural) continued its general debate on human rights issues. Archbishop Renato Martino said if Burundi continued to be isolated and its people condemned to live in extreme need, extremists could plunge the country into chaos.

The observer for the Holy See said hopelessness had bred despair for the peoples of the Great Lakes region. A remedy must be found for the turbulence that had given rise to genocide, the displacement of whole populations, growing and sometimes absolute poverty, as well as political unrest.

Both Israel and Tunisia spoke about their efforts to use education to foster understanding and tolerance of different cultures and respect for human rights. The representative of Israel said a new educational programme in her country focused on the multi-cultural aspects of modern democratic societies and emphasized the legitimacy of disagreements and the importance of compromise. Tolerance at home could then be applied to a better acceptance of a former foe or enemy.

Israel had held a regional workshop geared to preparing pre-school teachers for human rights education, she continued, which the Government believed could be a harbinger for future cooperation in its region. Hopefully, a workshop held by the Tunisian Government and the greater level of information being exchanged among countries of the region would bear fruit in the future.

The representative of Tunisia said education was the key element in the protection of human rights. The country aimed to build citizens who were free, tolerant and aware of their rights. At a time when scientific and technological process had brought people together and opened up societies, it was important to respect and promote tolerance to combat selfishness and indifference, he added.

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Representatives of the former Yugoslav Republic of Macedonia, Belarus and Tunisia also made statements on human rights.

The Committee heard the introduction of draft resolutions on the rights of the child and on torture and other cruel, inhuman or degrading treatment or punishment.

Following a briefing on progress of its working group, the Committee recommended that the Plenary keep open consideration of its agenda item on the implementation and follow-up to the Vienna Declaration and Programme of Action so that the working group could continue its work in 1997.

The Committee will meet again today at 3 p.m., to continue its consideration of human rights issues. It is also expected to take action on a number of draft resolutions.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to continue its general debate on human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms. (For further background information see Press Releases GA/SHC/3388 of 13 November, 3390 of 14 November, 3391 and 3392 of 15 November, 3393 of 18 November and 3395 of 19 November.) It was scheduled to hear the introduction of draft resolutions on rights of migrant workers, torture and rights of the child.

The Committee also has before it a note by the Secretary-General transmitting the periodic report by the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia (document A/51/663-S/1996/927). Since the submission of her last comprehensive report, the Special Rapporteur, Elisabeth Rehn, has conducted five missions to the territory of the former Yugoslavia, visiting locations throughout Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro).

According to the report, the responsible authorities in Bosnia and Herzegovina clearly have not provided adequate security for the population. In particular, provisions for the right of return of refugees and displaced persons have gone largely unimplemented. Freedom of movement in the country has, if anything, deteriorated. The authorities throughout Bosnia and Herzegovina must take steps to guarantee the rights contained in the Dayton Agreement. The Special Rapporteur emphasizes that the authorities should provide greater support to the Federation Ombudsmen, as well as to the mechanisms created by the Dayton Agreement in order to improve the overall human rights situation.

The human rights situation of the Serb population, particularly those living in the former sectors, remains a serious cause for concern. A decrease in the number of incidents of physical assault, looting and harassment has been recorded, but they continue to occur. Despite the encouraging signs of various governmental decisions strengthening the promotion and protection of human rights, serious concerns remain with regard to the implementation of those provisions so as to foster a general atmosphere of confidence among various ethnic groups. The return of both refugees and displaced persons should be dealt with as a matter of the utmost priority with due respect for individual rights and freedoms.

The situation in the region of Eastern Slavonia, Baranja and Western Sirmium in Croatia has improved dramatically over that which prevailed during the war years. Humanitarian organizations, both intergovernmental and non- governmental, have also contributed to the improvement of the situation and have helped to safeguard the population's health and well-being. The region

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of Eastern Slavonia holds promise of becoming an area of the former Yugoslavia where a multi-ethnic society is successfully restored. There is, however, a risk that mistrust, and the profound hatred that is of such concern to the Special Rapporteur may be too strong to allow a smooth reintegration. A satisfactory conclusion to the region's transition can only come with wise and constructive leadership on all sides.

A note by the Secretary-General transmits a special report on minorities by the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia (document A/51/665- S/1996/931). The Special Rapporteur has paid particular attention to the question of minorities since assuming her post in September 1995. During the past year she has made numerous visits to regions, municipalities, and even neighbourhoods where the predominant local population is of a different national or ethnic group from that which controls the surrounding territory. If security is one of the cornerstones upon which human rights are built, then in many parts of the former Yugoslavia minorities lack even a foundation on which to build their lives.

The report draws largely on the personal observation of the Special Rapporteur during her visits to the region. Since her appointment, the Special Rapporteur had undertaken nine missions to the territory and her impressions and conclusions derived from these visits form the major part of the report. The report also considers important legislation which has either been enacted or which could be enacted to promote protection of the human rights of minorities, as well as political initiatives directed towards the same end. Significant recent events, including instances of serious human rights violations, are also detailed in the report.

The question of minority rights is especially pertinent in the context of the former Yugoslavia, because troubled relations between national groups and the Governments responsible for their welfare were a cause of the war which devastated the region from 1991 to 1993. The maintenance of peace depends to a large extent on the progress made by countries in the region, and failure to resolve the problems faced by minority populations, notably the minority populations in the entities of Bosnia and Herzegovina, carries the threat of renewed conflict.

The Agreement on the Normalization of Relations between Croatia and the Federal Republic of Yugoslavia, signed at Belgrade on 23 August 1996, does not assign obligations to either of the parties in the field of minority rights which they did not already have. Nevertheless, the agreement is an important political initiative which can lead to an improvement in the situation of minority population in both countries. The Governments should be encouraged to continue to move forward on the basis of the steps which have already been taken.

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The terrible consequences of the war in Croatia place an exceptional responsibility on the Government to take strong measures to promote the rights of Croatian Serbs, the report states. Unfortunately, despite some positive measures, the Government has also taken several significant steps backwards. Croatia should act immediately to reinstate constitutional provisions it has suspended, not least because many of the law's beneficiaries are persons eligible for Croatian citizenship who are currently refugees in the neighbouring Federal Republic of Yugoslavia. Although the Government states that it has taken strong measures to provide adequate security for Serbs remaining in the former Sectors, evidence of continuing abuses and lawlessness indicates that these measures are insufficient. Reports of lack of access to citizenship documents, discrimination in employment and other problems lead to the conclusion that Serbs have, indeed, suffered an erosion of their legal position with the passage of the 1991 Croatian Constitution.

In order to reinforce peace between national groups, confidence-building measures should be undertaken with an emphasis on community life. The Special Rapporteur praises the implementation of various development and socio- economic projects aimed at breaking down barriers between Croats and other groups in Croatia and emphasizes the responsibility of group leaders to promote harmonious inter-ethnic relations.

The Secretary-General's report on rape and abuse of women in the areas of armed conflict in the former Yugoslavia (document A/51/557) states that the Special Rapporteur of the Commission on Human Rights has remained very attentive to the issue of rape and abuse of women in the territory of the former Yugoslavia. Information on all types of human rights abuses is systematically gathered by the Human Rights Field Operation in the former Yugoslavia and made available to the Special Rapporteur.

The Office of the United Nations High Commissioner for Refugees (UNHCR) has been extensively involved in providing assistance and social services in the territory of the former Yugoslavia to refugees and displaced persons affected by the conflict. UNHCR has established community-based projects, managed by non-governmental organizations, which are directed towards a general group of beneficiaries such as victims of rape and abused women. The main UNHCR community project is based in Bosnia and Herzegovina and includes approximately 30 assistance centres. The others are in Croatia and the Federal Republic of Yugoslavia. UNHCR gives priority to all survivors of rape and abused women in the former Yugoslavia in terms of protection and assistance in the form of food distribution, shelter, non-food items, health including reproductive health care, education and community mobilization activities. The community-based programmes in Bosnia and Herzegovina include psychological support and counselling services.

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From the information available, only sporadic cases of rape and sexual violence have occurred since the last report of the Secretary-General (document A/50/329). It would appear that those cases do not fall within the context of systematic and concerted practices. However, reports of sexual assault are difficult to obtain in view of the victims' reluctance to describe such experiences since they implicitly carry with them social stigma and fear of reprisals.

Although the international community has responded to the need for investigation, continuing attention must be given to preventive and curative measures. Since the situation in many parts of former Yugoslavia remains unstable, it will be necessary for the international community to remain vigilant and to implement special protective measures for women and children. Programmes of protection and assistance for victims and witnesses must be strengthened in order to build confidence for the future.

A note by the Secretary-General transmits the report of the United Nations High Commissioner for Human Rights on the Human Rights Field Operation in Rwanda (document A/51/478). The report describes the role of the Operation since the High Commissioner's last report to the General Assembly, submitted on 13 November 1995. As it enters its third year of operation, in October 1996, the Operation continues to maintain a comprehensive presence of human rights field officers throughout the country to monitor and report on the ongoing human rights situation -- essential elements of the Operation's mandate. Since the last report of the High Commissioner to the General Assembly on the Operation in Rwanda, on average, there have been some 110 Operation staff deployed in Rwanda, who work in one of 11 teams located throughout Rwanda.

The Operation continues to play a vital role in repatriation and resettlement process. In this context, the Operation closely coordinates its activities with UNHCR. The Operation attempts to ensure that basic human rights are not violated at any stage of return, resettlement and reintegration. From the outset, the Operation has remained seriously concerned about the conditions of detention in Rwanda. Unfortunately, efforts to solve this problem have not yet met with success, although in August 1996, certain encouraging signs have appeared with the promulgation of new laws relating to genocide trials to be conducted in Rwanda.

Prison overcrowding is linked to the circumstances of arrest and the subsequent review of evidence against detainees, the report states. Most of those currently detained have been arrested outside the procedures laid down in Rwandese law and no dossiers record the evidence against them. The Operation actively seeks to promote respect for legal procedures governing arrest and detention and urges the appropriate authorities to review promptly cases where arrests appear not to be based on strong indications of criminal responsibility. The total detainee population in Rwanda at the beginning of

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October 1996 stood at more than 82,000. The Operation's officers visited the central prisons as well as most of the 182 communal detention centres and gendarmerie brigades. Cases of ill-treatment and an increase of violence against detainees were recorded by the Operation in almost all prefectures.

The Operation was, from its beginning in September 1994 to September 1996, financed mostly from voluntary contributions. It would be highly desirable if States were to accord serious consideration to providing support to this fund with a view to the more coherent and effective protection and promotion of international human rights standards.

The first of three draft resolutions to be introduced this morning is a seven-part text on the rights of the child (documents A/C.3/51/L.37 and A/C.3/51/L.38). In Part I, on the implementation of the Convention of the Rights of the Child, the General Assembly would call upon States parties to ensure that the education of the child shall be carried out in accordance with the Convention and that the education be directed to the development of respect for human rights and fundamental freedoms, for the Charter of the Nations and for different cultures, and to the preparation of the child for responsible life in a free society.

Regarding the protection of children affected by armed conflict, the Assembly in Part II of the text would call upon States and United Nations bodies and organizations to treat children in situations of armed conflict as a priority concern in all human rights, humanitarian and development activities, including in field operations and country programmes and to protect such children effectively.

An amendment to the text offered by Costa Rica (document A/C.3/51/L.38) would have the Assembly recommend that the Secretary-General appoint for a period of three years a special representative on the impact of armed conflict on children.

In Part III of the draft, the Assembly would call upon States and other parties to armed conflicts to recognize the particular vulnerability of refugee and internally displaced children to recruitment into armed forces, sexual violence, exploitation and abuse, and to enhance protection and assistance mechanisms. It would also call upon States and United Nations bodies, in recognizing the particular vulnerability of refugee and internally displaced children to protect both their safety and their developmental needs, including health, education and psychosocial rehabilitation; and to ensure the early identification and registration of unaccompanied refugee and internally displaced children and to give priority to programmes for family tracing and reunification.

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In Part IV, the General Assembly would call upon States to criminalize the commercial sexual exploitation -- and other forms of sexual exploitation of children -- and to condemn and penalize all those offenders involved, whether local or foreign, while ensuring that children victims of this practice are not penalized. The Assembly would also call upon all States to support efforts aimed at adopting effective national, bilateral and multilateral measures for the prevention and eradication of all such practices, particularly by criminalizing the sexual exploitation of children.

In Part V, the Assembly would call upon Governments to translate into concrete action their commitment to eliminate child labour and to implement national action plans and the resolution on the elimination of child labour adopted by the International Labour Conference at its eighty-third session. It would also call upon Governments to take legislative, administrative, social and educational measures to protect children from economic exploitation, particularly from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.

In Part VI of the text on street children, the Assembly would call upon the international community to cooperate on efforts by States to improve the situation of children in need of special protection measures, including child well-being in urban settlements in accordance with the United Nations Centre for Human Settlements (Habitat) Agenda adopted by the United Nations Conference on Human Settlements (Istanbul, 1996). It would also encourage States parties to the Convention in preparing their reports to the Committee on the Rights of the Child, to bear this problem in mind and to consider requesting technical advice and assistance for initiatives aimed at improving the situation of street children.

In Part VII, the Assembly would decide to continue its consideration of this question at its fifty-second session under the item entitled "Promotion and protection of the rights of children".

By a draft resolution on torture and other cruel, inhuman or degrading treatment or punishment (document A/C.3/51/L.33), the Assembly would call on all Governments to cooperate with and assist the Special Rapporteur on torture in the performance of his task, and to supply all necessary information requested by him and to react appropriately to his urgent appeals. The Assembly would also request the Secretary-General to transmit to all Governments its appeals for contributions to the Fund; to continue to include the Fund on an annual basis among the programmes for which funds are pledged at the United Nations Pledging Conference for Development Activities; and to assist the Fund's Board of Trustees in its appeal for contributions and its efforts to make the Fund better known.

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ERELLA HADAR (Israel), said along with good tidings, the peace process between Israel and its neighbours had also brought to the surface many of the difficult and divisive political questions which plagued societies. Over the last year, the Israeli ministry of education had developed new programmes to strengthen the foundation of democracy through civil education, deepen the message of equality before the law, protect minority rights, freedom of speech and other rights. A new programme focused on multi-cultural aspects of modern democratic societies and emphasized the legitimacy of disagreements and the importance of compromise. Those ideas would be disseminated through study groups as well as by encouraging youth to work within the framework of non- governmental organizations which are geared towards protecting the rights of citizens, the disenfranchised and minorities. It was but one small step forward from the small, known society to the larger unknown "other" alien in neighbouring countries. Tolerance at home could then be applied to a better acceptance of a former foe or enemy.

She said Israel had undertaken a regional workshop geared to preparing pre-school teachers for human rights education. Through the exchange of ideas and learning from the experiences of educators from different countries and cultures, it was Israel's hope that the workshop would be a harbinger for future cooperation in its region. Her Government appreciated the help of the Commission for Human Rights. Working groups had also been established to promote cooperation and advance education for human rights, particularly ways to advance the protection of the child. The meetings, particularly the workshop that would be held under the auspices of the Tunisian Government, and the greater level of information being exchanged among countries of the region would bear fruit in the future.

ELIZABETA GORGIEVA (The former Yugoslav Republic of Macedonia), said her country should be completely excluded from the mandate of the Special Rapporteur on the human rights situation in the former Yugoslavia, Elizabeth Rehn. Since the day it was peacefully separated from the former Yugoslav federation, there had been no reason to link her country with the conflict in the territories where gross violations of human rights and innumerable breaches of international humanitarian law has occurred. The United Nations Preventive Deployment Force (UNPREDEP) in the Republic was a mission of preventive diplomacy and the first of its kind. Its basic objective was to prevent a possible spillover of conflicts from Bosnia and Herzegovina and Croatia into her country. It was not a typical United Nations peace mission, since there had never been any conflict in the country. Consequently, the parallel engagement of the human rights field operation was expendable because there was no emergency situation that would jeopardize the enjoyment of human rights guaranteed by the Constitution.

She said The former Yugoslav Republic of Macedonia was a party to all fundamental United Nations conventions for the protection of human rights. It had also ratified the Optional Protocol to the International Covenant on Civil

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and Political Rights and had signed the European Convention on Human Rights which it would ratify by the end of the year. The mandate of the Special Rapporteur should be adapted to recent developments in the territory of the former Yugoslavia. The former Yugoslav Republic of Macedonia was not a party to the Dayton Peace Agreement. The only link it had with the accord was its readiness to participate and contribute actively in the process of its implementation. Her Government was committed to promoting its legal framework which complied with international standards for the protection of human rights, and in certain areas went beyond them. She emphasized that the protection of rights of persons belonging to national minorities was determined by special constitutional provisions. The international community should develop different approaches to monitoring various human right situations in the region, in order to identify and recommend solutions to real problems and commend positive examples.

IGAR GUBAREVICH (Belarus), said it had only been within the context of the United Nations that the international community's efforts to protect and promote human rights had met with success. The protection of human rights, which was the responsibility of all Governments, was the only way to promote cooperation, peace and security between nations. Belarus had built its State on the principles of political pluralism and the rule of law. Protection of human rights was the binding basis for true and lasting development. The Belarus Parliament had passed laws on citizenship, freedom of religion, national minorities, refugees and the rights of the child. The Government had also tried to mitigate the effects of its transition to a market economy. A national committee on the rights of the child had been established and the Government was working on founding one on education and human rights. It would be grateful for any international technical advice and assistance to strengthen its institutions.

There were over 200,000 migrants and refugees in Belarus and it was important to guarantee their human rights, he continued. So many people were suffering and had been forced to leave their homeland. The world could not remain aloof from their fate. His Government appreciated the support of UNHCR. Guaranteeing human rights at the regional level was particularly important and, in that regard, his country had been working with the Council of Europe. He appealed to all States to ensure greater efforts to help the United Nations monitor human rights and to cooperate with the various Special Rapporteurs on human rights. He supported strengthening of the financing of the Commission on Human Rights. It was time to introduce changes within the Commission's work, which should include a non-selective approach and a non- politicization of human rights. He proposed the establishment of a mechanism to allow dialogue to continue between the Commission's regular sessions, which would be financed out of existing resources.

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ARCHBISHOP RENATO R. MARTINO, Observer for the Holy See, said the horror of hatred and intolerance commanded the world's attention as it witnessed the pain and suffering of hundreds of thousands of children, women and men scattered throughout Zaire, Rwanda and Burundi. The world had witnessed the violence growing out of the inhumane logic of inter-ethnic conflicts. The suffering would continue until there was peace and forgiveness among the different ethnic groups and the international community moved to foster lasting peace and stability in the region. Despite hopeful developments of recent days, the news coming from Burundi showed that a dramatic humanitarian situation still existed, falling mainly on the poorest sectors of society.

He said the Holy See called for a lifting of the sanctions against Burundi, especially with regard to medicine, educational materials and school equipment, vegetable seeds and fertilizers, as well as the fuel necessary for transporting them. If Burundi continued to be isolated, and its people condemned to live in conditions of extreme need, it was possible extremists of all kinds would seize the opportunity to plunge the country into chaos. Hopelessness had bred despair for the peoples of the Great Lakes region. A remedy must be found for the turbulence that had given rise to genocide, the displacement of whole populations, growing and sometimes absolute poverty, as well as political unrest.

Introduction of draft resolutions

The Committee then heard the introduction of two draft resolutions.

The representative of Norway on behalf of the Nordic countries and the Netherlands and the other co-sponsors, introduced the draft resolution on torture and other cruel and unusual forms of punishment. He read out the following revisions:

-- In operative paragraph 1, the paragraph should read: "Welcomes the report by the Committee against Torture submitted in accordance with the provision of article 24 of the Convention against Torture";

-- In operative paragraph 7, line 4, insert "including Member States" between the words "concerned" and "in";

-- In operative paragraph 9, the paragraph should read: "Commends the Office of the High Commissioner for Human Rights/Centre for Human Rights of the Secretariat for support to States in preparing national reports to the Committee";

-- In operative paragraph 12, line 2, insert "optional" between "draft" and "protocol"; and , in line 3, delete "establishing a preventive system of regular visits to places of detention".

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He also added Portugal and Bulgaria to the list of co-sponsors.

The representative of Uruguay introduced the omnibus draft resolution on the rights of the child. She said that Jamaica, and not Uruguay, should be designated as the resolution's sponsor on behalf of the Group of Latin American and Caribbean States. Therefore, Uruguay and Venezuela should be deleted from the list of co-sponsors. Bulgaria, Guatemala, Viet Nam, Australia, Côte d'Ivoire, Fiji, Singapore, Swaziland, Ukraine and the Marshall Islands should be added to the list of co-sponsors.

Statements

SLAHEDDINE ABDELLAH (Tunisia) said the noble objectives enshrined in the Charter and the Universal Declaration had been severely tested all over the world by phenomena that posed a serious threat to world peace. Tunisia had signed almost all the conventions and instruments and respected all fundamental rights and freedoms. The Government had worked to consolidate fundamental human rights principles into a viable body of law to prove that a tolerant society could flourish. It had made amendments to the penal code, adopted civil procedures and promulgated laws to abolish forced labour, ensure protection of the elderly, minors and prisoners, and to promote non- discrimination between the sexes. Effective mechanisms had also been established to protect and promote these rights. The constitutional judicial authorities were independent and enhanced the primacy of the constitution and the state of law.

Tunisia's institution-building was meant to consolidate and expand social, economical, political and cultural rights to protect workers and provide rights for the consumer, he said. However, mechanisms alone were not sufficient to protect human rights in any given society. The education component was the key element in the protection of human rights. Education had always been a major priority in Tunisia, which dedicated over one-third of the state budget to it. Education itself was a right, and in Tunisia both sexes, from all levels of society, were represented.

At a time when scientific and technological process had brought men together and opened up societies, it was important to respect and promote tolerance to combat selfishness and indifference, he said. Tolerance was one of the essential values of the Muslim faith and of Tunisia's social values. Human rights must be treated with impartiality and solidarity to guarantee peace and progress that would benefit all people.

DANILO TURK, Chairman of the working group of the Third Committee, said that the group had been asked to consider the questions "of the implementation of the recommendations of the Vienna Declaration and Programme of Action, as set out in paragraphs 17 and 18 of Part II of the Declaration". At its meeting on 9 May, the group entrusted the Chairman with the task of preparing

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a compilation of proposals submitted until that date. In accordance with that decision a "Compilation of Proposals for Further Discussion" was prepared on 29 May, and that compilation had served as the basis for subsequent work. The working group considered the compilation at its meetings on 4 June and 17 June and decided to discuss it more thoroughly in the beginning of September. Consequently, arrangements were made for a three-day session of the working group which met on 3 to 5 September. During that series of meetings, there was a thorough and substantive discussion on all questions reflected in the compilation.

The compilation of proposals, which served as the basis of discussion, proved to be sufficiently comprehensive, he said. The ideas expressed in the discussion enriched the process and added many details. However, they did not suggest anything of radically new substance. The discussion clarified the views held by the participants and certain views converged, while other views on many issues still diverged. The group decided that further discussion was needed. It appeared that such discussion should continue on the basis of the compilation of proposals of 29 May. At its meeting on 5 September, the working group agreed to suggest that the discussion of the compilation of proposals should continue in January 1997. It was also suggested that the necessary conference services be provided for that purpose.

In accordance with the understanding reached in the working group, he proposed to the Third Committee to decide whether the working group should continue its work during the fifty-first session of the General Assembly under the agenda item 110 (d) -- comprehensive implementation and follow-up to the Vienna Declaration and Programme of Action -- and that its work should proceed on the basis of the compilation of proposals of 29 May 1996.

The Committee then recommended to the Plenary that Item 110 (d) be kept open in order that the working group may continue its work in 1997.

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For information media. Not an official record.