COMMISSION ON HUMAN RIGHTS ADOPTS RESOLUTIONS ON CAMBODIA, SOMALIA
Press Release
HR/CN/800
COMMISSION ON HUMAN RIGHTS ADOPTS RESOLUTIONS ON CAMBODIA, SOMALIA
19970414 Measure Passed Condemning Terrorism; Others Texts Focus on Indigenous Peoples, Torture, Violence against Women(Reissued as received.)
GENEVA, 11 April (UN Information Service) -- The Commission on Human Rights adopted this afternoon a series of resolutions and decisions, including measures relating to human-rights matters in Somalia and Cambodia.
Among 25 other texts adopted over the course of an extended meeting were resolutions condemning terrorism, hostage-taking, torture, and violence against women; and calling for greater protection of the rights of detainees, for efforts to end the practice of involuntary disappearances, and for more vigorous support for freedom of expression and opinion.
In a resolution on assistance to Somalia in the field of human rights, the Commission called upon all parties to the conflict in the country to work towards a peaceful solution to the crisis; strongly urged them to respect human rights and international humanitarian law pertaining to internal armed conflict; and urged individual donor countries, international organization, and non-governmental organizations to incorporate human rights principles and objectives into their humanitarian and development work in Somalia.
In a measure on the situation of human rights in Cambodia the Commission welcomed the efforts made by the Government to promote and protect human rights, but expressed serious concern over continuing problems of impunity; expressed grave concern about numerous violations of human rights; called upon the Government of Cambodia to investigate cases of violence and intimidation directed at political parties and their supporters, as well as against media personnel; and urged it to give priority attention to combatting child prostitution and trafficking.
Several resolutions dealt with indigenous peoples. They included approval of the holding of a second workshop on the possible establishment within the United Nations system of a permanent forum for indigenous people; a request that the High Commissioner for Human Rights consider organizing a
workshop for research and higher education institutions focusing on indigenous issues; and that a working group to elaborate a draft declaration on the rights of indigenous populations hold a 10-day meeting over the coming year.
In a measure on human rights and terrorism, the Commission condemned all acts, methods and practices of terrorism, regardless of their motivation, in all forms and manifestations, wherever and by whomever committed; and called upon States and the international community to take all possible measures to combat terrorism.
The resolution was adopted on a roll-call vote of 28 in favour and none opposed, with 23 abstaining. Several countries explained their abstentions by saying that while they abhorred all acts of terrorism, they felt that some parts of the text could be interpreted as granting terrorists status that under international law was only be given to nations.
The Commission reaffirmed that hostage-taking, wherever and by whomever committed, was an illegal act, a violation of human rights, and unjustifiable, and called upon States to take all necessary measures to prevent it.
The Commission called on all Governments to implement fully the prohibition of torture contained in the Convention against Torture; stressed that acts of torture must be made offenses under domestic criminal law; and emphasized that all allegations of such acts should be promptly and impartially investigated.
It condemned all acts of violence against women, including violations of the human rights of women in situations of armed conflict; and stressed that States had a duty to promote and protect the human rights of women and had to exercise diligence to prevent such violence.
It deplored the fact that some Governments had never provided substantive replies concerning the cases of enforced disappearances in their countries; urged them to cooperate with the relevant working group; and called for the prosecution of perpetrators of such acts.
In a measure on the right to freedom of opinion and expression, the Commission expressed concern at the extensive occurrence of detention, long-term detention and extrajudicial killing, persecution and harassment, around the world, as well as at threats, acts of violence and discrimination directed at persons who exercised the rights to free expression, and appealed to all States to ensure respect and support for the exercise of such rights.
Several resolutions were adopted on the subject of further promotion of human rights, dealing among other things with the United Nations Decade for Human Rights; regional arrangements for human rights; the fiftieth anniversary of the Universal Declaration on Human Rights; human rights and arbitrary
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deprivation of nationality; thematic procedures established by the Commission for various human-rights topics; internal displacements; the functions of national institutions for the promotion of human rights; public information activities in the field of human rights, and regional arrangements for the promotion of human rights.
The Commission approved several decisions recommended by its Subcommission on Prevention of Discrimination and Protection of Minorities, including a request for an update of a study on the right to a fair trial; for a tenth annual report to be produced on countries proclaiming, extending, or terminating states of emergency; for work by a Subcommission Special Rapporteur on the subject of the protection of the heritage of indigenous people, and for preparation of a final report on treaties, agreements, and other constructive arrangements between States and indigenous populations.
Finally, action on a draft resolution on assistance to Guatemala in the field of human rights was postponed.
The Commission will reconvene at 10 a.m. Monday, 14 April, to continue discussion of children's rights.
Action on Resolutions and Decisions
In a resolution passed by consensus on the question of enforced or involuntary disappearances (document E/CN.4/1997/L.54), the Commission deplored the fact that some Governments had never provided substantive replies concerning the cases of enforced disappearances in their countries; urged the Governments concerned to cooperate with the Working Group on Enforced Disappearances and help it carry out its mandate effectively; reminded Governments of the need to ensure that their competent authorities proceeded in reasonable time to conduct impartial inquiries in all circumstances where there was reason to believe that an enforced disappearance had occurred in territory under their jurisdiction, and that the perpetrators had to be prosecuted; invited States to take legislative, administrative, legal and other steps to implement the principles of the Declaration on the Protection of All Persons from Enforced Disappearance; and requested the Secretary-General to ensure that the Working Group received all the assistance and resources it required to perform its function, especially in carrying out missions.
MIGUEL ALFONSO MARTINEZ (Cuba) said it had a question regarding paragraph 4, which said: "Governments concerned are urged to invite the Working Group to visit their countries so as to enable it to fulfil its mandate even more effectively". Cuba thought this was an appropriate invitation but it wanted to ask: if a request was made for a visit and the invitation did not materialize, would that imply a negative notice for the country? Cuba knew of cases in which the requests of the Working Group for an
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invitation to visit had not borne fruit immediately, leading to a negative impression of those countries. Sometimes the countries involved were simply not able to extend invitations to the Group immediately.
DANIEL BERNARD (France) said the resolution was an invitation addressed to the Working Group, and the language did not contain anything that would allow anyone to come to any conclusions if any country were for any reason not to issue an invitation to the Working Group to visit. The resolution did invite all countries to cooperate with the Group.
MIGUEL ALFONSO MARTINEZ (Cuba) said he wanted to make clear that his question was not for the benefit of Cuba, which was in fact a co-sponsor of the resolution, but rather it was intended to inform other countries that had expressed a concern about the draft.
In a resolution passed by consensus on the right to freedom of opinion and expression (document E/CN.4/1997/L.56), the Commission expressed its concern at the continuing problem of the inadequate resources, both human and material, provided to the Special Rapporteur; expressed its concern at the extensive occurrence of detention, long-term detention and extrajudicial killing, persecution and harassment, including through the abuse of legal provisions on criminal libel, directed at persons who exercised the right to freedom of opinion and expression and the intrinsically linked rights to freedom of thought, conscience and religion, among others; and appealed to all States to ensure respect and support for the rights of all persons who exercised these rights and to ensure they were not discriminated against.
In a resolution passed by consensus on hostage-taking (document E/CN.4/1997/L.57), the Commission reaffirmed that hostage-taking, wherever and by whomever committed, was an illegal act aimed at the destruction of human rights and was , under any circumstances, unjustifiable; called upon States to take all necessary measures, in accordance with relevant provisions of international law and international human-rights standards, to prevent, combat and punish acts of hostage-taking, including by strengthening international cooperation in this field.
In a resolution passed by consensus on the right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms (document E/CN.4/1997/L.58), the Commission invited the Secretary-General to request all States to submit their views and comments on the note and revised text of the basic principles and guidelines on the right to reparation for victims of (gross) violations of human rights and international humanitarian law and to prepare a report; decided to continue to examine this question in its fifty-fourth session.
In a decision on the right to a fair trial, the Commission endorsed the request of the Subcommission on Prevention of Discrimination and Protection of
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Minorities that its members Stanislav Chernichenko and David Weissbrodt compile and update the study on the right to a fair trial and a remedy initially prepared by Mr. Chernichenko and William Treat, and recommended to the Economic and Social Council that the full study be published in all official languages of the United Nations.
In a decision on human rights and states of emergency, the Commission endorsed the request of the Subcommission that the Special Rapporteur, Leandro Despouy, be requested to submit a tenth annual report incorporating an updated list of countries which had proclaimed, extended, or terminated states of emergency, together with final conclusions on the protection of human rights during states of emergency and specific recommendations as to how the question should be dealt with in future.
In a resolution (document E/CN.4/1997/L.63) on a permanent forum for indigenous people in the United Nations system, the Commission welcomed the offer of the Government of Chile to host a second workshop on the topic; requested the High Commissioner/Centre for Human Rights to convene the workshop for a period of three days prior to the fifteenth session of the Working Group on Indigenous Populations; and recognized the importance of the participation of relevant United Nations bodies, organizations, and specialized agencies, as well as representatives of organizations of indigenous people in the workshop and in any further consultations on the matter.
In a resolution on the working group to elaborate a draft declaration on the rights of indigenous peoples (document E/CN.4/1997/L.70), the Commission welcomed the decision of the Economic and Social Council approving the participation of organizations of indigenous people in the work of the working group; recommended that the group meet for 10 days prior to the fifty-fourth session of the Commission; and encouraged participation in the working group of organizations of indigenous peoples which were not already registered and encouraged such groups to apply for authorization to take part.
Through a resolution on the Working Group on Indigenous Populations of the Subcommission (document E/CN.4/1997/L.77), adopted without a vote, the Commission asked the panel to continue to its in-depth review of the diverse situations and aspirations of indigenous populations throughout the world, taking into consideration the work of the special rapporteur and representatives, independent experts, working groups and expert seminars dealing with thematic questions in as far as that work concerns the situation of indigenous populations; recommended to the Economic and Social Council to authorize the Working Group to meet prior to the next session of the Subcommission and invited it to continue examining whether there are means to increase the contribution of indigenous populations to its work. Concerning the International Decade of the World's Indigenous People, the Commission encouraged Governments, as appropriate, to support the Decade by establishing
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programmes, plans and reports relating to the Decade and by creating national committees or other structures with the participation of representatives of indigenous people to ensure that the objectives and activities of the Decade are conceived and realized in full consultation with indigenous people. It recommended to the High Commissioner to give due attention to the development of training in the field of human rights for indigenous people.
In a decision on the protection of the heritage of indigenous people, the Commission endorsed the recommendation of the Subcommission Erica-Irene Daes be entrusted with a continuing mandate to exchange information with all parts of the United Nations system involved in activities concerned with the heritage of indigenous people, with the purpose of facilitating cooperation and coordination and of promoting the full participation of indigenous people in these efforts; and requested the Secretary-General to convene, at the earliest possible opportunity, a technical meeting of representatives of the World Intellectual Property Organization, the United Nations Educational, Scientific, and Cultural Organization; the United Nations Environment Programme, the United Nations Development Programme, the Food and Agriculture Organization, and the World Trade Organization with the Special Rapporteur to consider how they could contribute to her work in this field.
In a decision on a study on treaties, agreements, and other constructive arrangements between States and indigenous populations, the Commission endorsed the decision of the Subcommission to request the Special Rapporteur of the Subcommission on the topic, Miguel Alfonso Martinez, to submit his final report in time for it to be considered by the Working Group on Indigenous Populations at its fifteenth session and by the Subcommission at its forty-ninth session.
In a resolution passed by consensus on the protection of human rights in the context of HIV/AIDS (document E/CN.4/1997/L.37), the Commission invited all States to consider the guidelines recommended by the experts who had participated in the Second International Consultation on HIV/AIDS and Human Rights, and called upon the High Commissioner for Human Rights, the Joint United Nations Programme on HIV/AIDS, its co-sponsors, and other partners to provide technical cooperation to States, upon request, with regard to the promotion and protection of human rights in the context of HIV/AIDS.
In a measure on the United Nations Decade for Human Rights Education (document E/CN.4/1997/L.55), the Commission decided to defer consideration of the question to its fifty-fourth session.
In a resolution passed by consensus on regional arrangements for the promotion and protection of human rights (document E/CN.4/1997/L.59), the Commission stressed the importance of the programme of advisory services in the field of human rights and renewed its appeal to all Governments to consider making use of the possibilities offered by the United Nations under
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this programme; and invited States in areas where regional arrangements in the field of human rights did not yet exist to consider establishing suitable regional machinery.
In a resolution passed by consensus as amended on preparations for the fiftieth anniversary of the Universal Declaration of Human Rights (document E/CN.4/1997/L.60), the Commission invited Governments to review and assess progress made in the field of human rights since the adoption of the Declaration, identify obstacles to progress and ways in which they could be overcome, and undertake additional efforts to promote better understanding of the Declaration; invited Governments to undertake national programmes for the celebration of the anniversary; urged those Governments that had not done so to consider ratifying the main human-rights instruments based on the Declaration; and called upon relevant United Nations organs and agencies to make assessment of and to put forward pertinent conclusions on, the state of implementation and the impact of existing human-rights instruments.
In a resolution passed by consensus on human rights and arbitrary deprivation of nationality (document E/CN.4/1997/L.62), the Commission reaffirmed the importance of the right to nationality of every human person as an inalienable human right; recognized that arbitrary deprivation of nationality on racial, national, ethnic, or religious grounds was a violation of human rights; called upon all States to refrain from carrying out such deprivations of nationality, and to repeal any legislation that cause such deprivation; and urged the appropriate mechanisms of the Commission and pertinent United Nations treaty bodies to collect information on the topic and offer relevant recommendations on the subject.
In a resolution passed by consensus on human rights and thematic procedures (document E/CN.4/1997/L.64), the Commission encouraged all Governments to cooperate more closely with Commission thematic procedures; respond expeditiously to requests for information and, where appropriate, invite a thematic Special Rapporteur of working group to visit; consider follow-up visits; study carefully the recommendations made to them based on thematic procedures and provide information on progress made towards their implementation; invited non-governmental organizations to continue cooperation with thematic procedures and to ascertain that the material provided fell under the mandates of these procedures; and invited thematic Special Rapporteur and working groups to make recommendations for the avoidance of human-rights violations; follow closely progress made by Governments; continue close cooperation with relevant treaty bodies and country rapporteur; and include regularly in their reports gender-disaggregated data.
MIGUEL ALFONSO MARTINEZ (Cuba) was ready to go along with consensus on L.64 but pointed to the fact that that did not undermine the adoption of other procedures that Cuba had co-sponsored.
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TEHIMA JANJUA (Pakistan) said it wished to stress that adoption of resolution L.64 should not prejudice consideration and potential adoption of two other draft resolutions now under discussion.
In a resolution passed by consensus as amended on torture and other cruel, inhuman or degrading treatment or punishment (document E/CN.4/1997/L.51), urged all States to become parties to the Convention against Torture; urged all States parties to that Convention to comply strictly with their obligations in accordance with article 19 of the convention; called all Governments to implement fully the prohibition of torture and other cruel, inhuman or degrading treatment or punishment; stressed that under article 4 of the Convention, acts of torture must be made an offense under domestic criminal law; reminded the Governments that corporal punishment could amount to cruel, inhuman or degrading punishment or even to torture; stressed that all allegations of such acts should be promptly and impartially examined by the competent national authority; emphasized the obligation of States parties under article 10 of the Convention to ensure education and training for personnel who might be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment; invited the relevant Special Rapporteur to continue to examine questions concerning torture directed against women and children; called on all Governments to cooperate with and assist the Special Rapporteur to perform his tasks and to supply all necessary information requested by him; and appealed to all Governments, organizations and individuals in position to do so to contribute annually to the Voluntary Trust Fund for Victims of Torture; and requested the Secretary-General to ensure the provision of an adequate and stable level of staffing as well as the necessary technical facilities for the United Nations bodies and mechanisms dealing with torture.
The representative of China said that this morning, his delegation had asked for a vote on paragraph 18 and said it would abstain. In order to reach consensus, it had also agreed to postpone action until further discussions, as Cuba had suggested. Following consultations, the Danish delegation had made changes to the original paragraph, although China was still not totally satisfied with it, in consideration of the wishes of developing countries including Egypt, Brazil, Nepal and Algeria, China agreed to be part of the consensus. However, if there had been a vote on the paragraph, China would have abstained.
In a resolution passed by consensus as amended on internally displaced persons (document E/CN.4/1997/L.66), the Commission expressed appreciation to those Governments and intergovernmental and non-governmental organizations which had provided assistance and protection to internally displaced persons; encouraged the Representative of the Secretary-General on the topic, through continuous dialogue with Governments and relevant organizations concerned to continue his analysis of the causes of internal displacement, the needs of those displaced, measures of prevention and ways to strengthen protection,
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assistance, and solutions for the displaced, taking into account specific situations; encouraged him to continue to develop a comprehensive framework for protection of the internally displaced; emphasized the need for better implementation of existing international law applicable to internally displaced person; welcomed his specific attention to the needs of internally displaced women and children; and thanked Governments which had invited him to visit and invited them to give due consideration to his recommendations.
In a resolution passed by consensus on national institutions for the promotion and protection of human rights (document E/CN.4/1997/L.67), the Commission encouraged Member States of the United Nations to establish, or, where they already existed, to strengthen such institutions; urged the Secretary-General to continue to give a high priority to requests from member States for assistance in the establishment and strengthening of such institutions; requested the High Commissioner/Centre for Human Rights to continue to provide technical assistance for States in this field; encouraged Governments to contribute additional, earmarked funds to the Voluntary Fund for Technical Cooperation in the Field of Human Rights; and considered it appropriate for national institutions which conformed with the Principles relating to national institutions to be able to participate in an appropriate manner in their own right int meetings of the Commission and its subsidiary bodies, and requested the Secretary-General to submit as soon as possible to the Commission a report containing options on how this might be done.
In a resolution passed by consensus on development of public information activities in the field of human rights, including the World Public Information Campaign for Human Rights (document E/CN.4/1997/L.73), the Commission appreciated the measures taken on the subject by the Department of Public Information and the High Commissioner/Centre for Human Rights; urged the High Commissioner and Centre and the Department of Public Information to cooperate closely in developing information and publication programmes in the field; encouraged them to continue to develop training courses and materials such as targeted training manuals; urged the Department of Public Information to utilize fully and effectively United Nations information centres to disseminate basic information and reference materials on human rights; urged it to produce information material, in particular audio-visual material, in connection with the World Public Information Campaign for Human rights, the fiftieth anniversary of the Universal Declaration, and the Decade for Human Rights Education; and encouraged all member States to develop specific programmes and strategies for ensuring the widest human-rights education and dissemination of public information.
In a resolution passed as amended by a roll-call with 28 countries in favour, no countries against and 23 abstentions on human rights and terrorism (document E/CN.4/1997/L.74), the Commission reiterated the unequivocal condemnation of all acts, methods and practices of terrorism, regardless of their motivation, in all its forms and manifestations, wherever and by
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whomever committed, as acts of aggression aimed at the destruction of human rights; called upon States to take all necessary and effective measures, in strict conformity with international law, including international human rights standards, to prevent, combat and eliminate terrorism in all its forms and manifestations, wherever and by whomever committed; urged the international community to enhance cooperation at the regional and international levels in the fight against terrorism in all its forms and manifestations, in accordance with relevant international instruments.
The following countries voted in favour: Algeria, Bangladesh, Belarus, Benin, Bhutan, Brazil, Cape Verde, China, Colombia, Cuba, Egypt, Ethiopia, India, Indonesia, Ireland, Japan, Malaysia, Mali, Mozambique, Nepal, Pakistan, Philippines, Republic of Korea, Russian Federation, South Africa, Sri Lanka, Uganda, Uruguay.
The following countries abstained: Angola, Argentina, Austria, Bulgaria, Canada, Chile, Denmark, Dominican Republic, Ecuador, El Salvador, France, Gabon, Germany, Guinea, Italy, Madagascar, Mexico, Netherlands, Nicaragua, Ukraine, United Kingdom, United States, Zimbabwe.
SYRUS QAZI (Pakistan) said terrorism had emerged as a scourge in recent times. Definite steps had to be taken by the United Nations to oppose acts of terrorism. Pakistan offered its profound thanks to Turkey for tabling the resolution and holding consultations in a transparent manner. Turkey had kept the focus of the Commission on this crucial issue.
ANTONIO DE ICAZA (Mexico) said it resolutely condemned terrorism in all its forms and would support the resolution on the topic. However, the delegation wished to state that the eleventh preambular paragraph should be interpreted as only being imputable to States and State officials; the same interpretation should be seen as applying to operative paragraph 4 of the resolution.
LUIS LILLO (Chile) said it would not object to consensus on L.74. However, it once again had to explain its position that the concept of violation of human rights was institutional in nature and could only be assigned to States and State officials. This was adhered to by Chile strictly. Chile despised acts of terrorism, but they were criminal acts to be dealt with under domestic criminal law. Chile felt terrorists were violators of human rights. However, to place them on equal footing with States would dilute the latter's responsibility.
PETER VAN WULFFTEN PALTHE (Netherlands), speaking on behalf of the European Union, said the group continued to have reservations on some parts of the draft resolution. The Union condemned all acts of terrorism under any circumstances, and was convinced that nothing justified terrorism; it remained convinced, however, that the Sixth Committee of the General Assembly was the
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appropriate forum for United Nations action on the topic. Europe had suffered from acts of terrorism and had sympathy for those who were victims of it anywhere in the world. It was important that the fight against terrorism, however, be carried out with full respect for fundamental rights and freedoms. All measures to combat terrorism must be in full conformity with international standards on human rights. The distinction between acts that were attributable to States and those committed by others that fell into the category of common crimes was an important one, and the Union did not feel that preambular paragraph 11 did not clearly reflect that distinction.
The representative of United States said the delegations regretted not being was able to vote for L.74 as amended. The United States was deeply committed to combating terrorism and promoting human rights. In trying to address both issues, the resolution served neither well. Terrorism could more appropriately addressed by other United Nations bodies. Having the Commission address this issue complicated important work done in other bodies. Furthermore, the United States noted with concern that the resolution described terrorism as acts of aggression which could have negative results. It gave terrorists legitimacy in equating them with Governments that violated human rights. The United States requested a vote on the draft.
ZELMIRA REGAZZOLI (Argentina) said Argentina condemned acts of terrorism and had suffered from acts of terrorism. But only States and State officials were responsible for "terrorism"; to give any other status to "terrorists" was to set a questionable precedent.
HENRY STEEL (United Kingdom) said the delegate of the Netherlands had just made an explanation on behalf of the European Union. He was taking the floor to make an additional point: the United Kingdom did not accept the assertion in the text that terrorist acts were acts of aggression. Acts of aggression were already defined by the General Assembly and they did not include terrorist acts. Criminal acts of terrorism had to be distinguished from acts of aggression, which States took.
The representative of Canada said the country would have joined consensus if a vote had not been requested. Canada's abstention on the resolution should not be interpreted to mean that it did not condemn acts of terrorism. However it did not feel that acts of terrorism as such constituted violations of human rights. Further, it felt that acts of terrorism committed by individuals did not constitute acts of aggression which, under international law, could be committed only by States.
In a resolution passed by consensus on integrating the human rights of women throughout the United Nations system (document E/CN.4/1997/L.75), the Commission recognized that the success of mainstreaming women's rights would depend on the formalizing, at the highest levels, of a clear policy and guidelines on the integration of a gender perspective into the Unite Nations
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human-rights system; affirmed that it was the responsibility of all treaty bodies to integrate a gender perspective and in order to do so, the recommendations contained to the Secretary-General should be given due consideration; and renewed its call to the United Nations High Commissioner for Human Rights to ensure the availability of expertise on gender issues and the human rights of women in order to provide advice to her/him on integrating those rights.
In a resolution passed as amended by consensus on the elimination of violence against women (document E/CN.4/1997/L.76), the Commission called, in accordance with the Declaration on the Elimination of Violence against Women, for the elimination of gender-based violence; condemned all violations of the human rights of women in situations of armed conflict; requested all Governments to cooperate with and assist the Special Rapporteur on violence against women; stressed the conclusions and recommendations of the Special Rapporteur that States had an affirmative duty to promote and protect the human rights of women and had to exercise due diligence to prevent violence against women; reminded Governments that their obligations under the Convention on the Elimination of All Forms of Discrimination against Women had to be fully implemented with regard to violence against women; and decided that the mandate of the Special Rapporteur should be renewed for a period of three years.
MIGUEL ALFONSO MARTINEZ (Cuba) said it would not oppose consensus on L.76. Cuba wished to state for the record its concern about selective inclusion of information in the report of the Special Rapporteur in the resolution. Urgent matters like the evolution of communication and how it affected violence against women was totally absent from the draft, although it was one of the recommendations made by the Special Rapporteur. Issues of migration and racial discrimination as analyzed by the Special Rapporteur should also be addressed in the draft. Cuba agreed to the consensus as long as the Commission took a more comprehensive view of violence against women at its next session.
ARUNDHATI GHOSE (India) said the delegation would not block consensus, but while it strongly supported the work of the Special Rapporteur on violence against women, it was unable to go along with the formulation in operative paragraph five, which suggested there was a possible gender perspective to international crimes for which there might in fact not be one.
ANTONIO DE ICAZA (Mexico) said it was a co-sponsor of the draft resolution. However, Mexico had not been consulted on, among other things, the change of the word "immigration" to "immigrant". Mexico appealed that careful thought be given to the change, which appeared to be establishing a distinction based on ethnic or national origin. If Canada insisted, Mexico would have to withdraw from co-sponsoring the draft and would have to request a vote and oppose it.
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The representative of Canada said it was clear that the word "immigrant" was not in conformity with last year's language; the preferred formulation would be "immigration" and Canada would agree on that change.
In a resolution passed by consensus on regional arrangements for the promotion and protection of human rights (document E/CN.4/1997/L.68/Rev.1), the Commission welcomed the five regional workshops that had been held in the Asian and Pacific region; reaffirmed that regional arrangements played a fundamental role in promoting and protecting human rights, and that they should reinforce universal human-rights standards; recognized the need to develop strategies for promotion and progressive realization of the right to development; endorsed the conclusions of the fifth Asia-Pacific workshop, including the recognition of the importance of step-by-step progress; welcomed the hosting for the first time of a workshop focusing on West Asia; welcomed the invitation of Iran to host the sixth Asia-Pacific workshop; noted that national institutions for human rights could make an important contribution to the process of developing regional human-rights arrangements in the region; noted that the countries of the region had developed a number of models of such national institutions in accordance with their national conditions and welcomed the establishment of a commission by Sri Lanka; and stressed that the United Nations technical-cooperation programme activities should not be amalgamated with United Nations monitoring activities in the region.
In an amended resolution passed by consensus on advisory services, technical cooperation and the voluntary fund for technical cooperation in the field of human rights (document E/CN.4/1997/L.65), the Commission reaffirmed that advisory services and technical cooperation in the field of human rights required close cooperation and coordination between United Nations bodies and specialized agencies; noted with concern that in the current biennium the budgetary resources for technical cooperation in the field of human rights had decreased by half as compared with the previous biennium, and requested the Secretary-General to allocate to the human rights programmed more human and financial resources; requested the Board of Trustees of the fund on advisory services to continue to exercise its full mandate as advisory body to promote and solicit contributions; and emphasized the need for the nomination of a new coordinator for the Voluntary Fund.
In a resolution passed by consensus on assistance to Somalia in the field of human rights (document E/CN.4/1997/L.71), the Commission called upon all parties to the conflict in Somalia to work towards a peaceful solution to the crisis; strongly urged all parties in Somalia to respect human rights and international humanitarian law pertaining to internal armed conflict, to support, as recommended by the independent expert, the re-establishment of the rule of law throughout the country; called upon individual donor countries, international organization and non-governmental organizations to incorporate human-rights principles and objectives into the humanitarian and development work they carried out in Somalia; requested the Secretary-General to provide
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the Independent Expert on Somalia with all necessary assistance in discussing her mandate and to provide adequate resources.
In a resolution passed by consensus on assistance to States in strengthening the rule of law (document E/CN.4/1997/L.72), the Commission expressed its deep concern at the scarcity of means at the disposal of the Centre for Human Rights for the fulfilment of its tasks; noted that the programme of advisory services and technical assistance did not have assistance funds sufficient to provide any substantial financial assistance to national projects that had a direct impact on the realisation of human rights; requested the High Commissioner to accord high priority to the technical cooperation activities undertaken by the Centre with regard to the rule of law; decided to continue its consideration of the question of assistance to States in strengthening the rule of law at its fifty-fifth session.
In a resolution passed by consensus on the situation of human rights in Cambodia (document E/CN.4/1997/L.80), the Commission requested the Secretary-General, through his Special Representative for human rights in Cambodia, in collaboration with the Centre for Human Rights, to assist the Government of Cambodia in ensuring the protection of the human rights of all people in Cambodia; welcomed the efforts made by the Government to promote and protect human rights; noted with concern the lack of response by the Government to several of the recommendations contained in the Special Rapporteur's previous report and urged it to respond as soon as possible; requested the Secretary-General to provide all necessary resources, from within the regular budget of the United Nations, to enable the Special Representative to continue to fulfil his tasks; noted with serious concern the Special Representative's strong criticism of the system of justice in Cambodia; expressed serious concern at the comments made by the Special Representative concerning the continuing problem of impunity;expressed grave concern about numerous instances of violations of human rights; called upon the Government to investigate cases of violence and intimidation directed at political parties and their supporters, as well as against media personnel; strongly condemned the violence in Phnom Penh on 30 March 1997 against participants in a peaceful and lawful opposition rally; urged the Government to give priority attention to combating child prostitution and trafficking; and expressed grave concern at the devastating consequences and destabilizing effects of the indiscriminate use of anti-personnel land mines on Cambodian society.
ANTONIO DE ICAZA (Mexico) said the delegation had received the Spanish text of L.80 today and had had no time to send it to Mexico City. However, in view of the fact that it was co-sponsored by the Netherlands and Canada, countries Mexico respected and had good relations with, his delegation would not call for a deferment of consideration of the draft.
- 15 - Press Release HR/CN/800 14 April 1997
EDDY PRATOMO (Indonesia), speaking on behalf of Asian member countries, questioned aspects of the resolution; when they had worked on the draft, they had understood that it was intended in spirit to promote and advance human rights. Now they wondered if the country concerned had been consulted sufficiently during preparation of the measure; they had concerns about some of the inclusive language in the measure. Still, they would not block consensus.
In a decision on a study on indigenous land rights (document E/CN.4/1997/L.98), the Commission decided to request the relevant Special Rapporteur to submit a preliminary working paper to the Working Group on Indigenous Populations at its fifteenth session and to the Subcommission at its forty-ninth session; and to transmit the working paper to Governments and indigenous organizations.
The representative of New Zealand said L.98 was of particular concern to his country. New Zealand, which strongly supported the Working Group on Indigenous Populations, had nevertheless serious reservations about mandating a special rapporteur on indigenous land issues at this time, as the subject required more study. New Zealand was actively engaged in indigenous land rights issues at home. It also attached significance to indigenous peoples' working within the United Nations system on all issues, including land questions.
MASAKI KONISHI (Japan) said the appointment of a new Special Rapporteur of the Subcommission led the delegation to remark that it was important take into account in such matters guidelines adopted on appointing Special Rapporteur.
EMMAMUEL MANOUSSAKIS (Greece) said his delegation had to take the floor again to clear a substantial matter for the record. The Secretariat had referred a while ago to a country as Macedonia. A new country had joined the United Nations under the provisional name of the Former Yugoslav Republic of Macedonia. That was why the name plate had been written that way. Speakers wishing to refer to it should abide with the Security Council resolution on the matter and call it the Former Yugoslav Republic of Macedonia.
JELENA CVETANOVSKA (The former Yugoslav Republic of Macedonia) said the delegation wished to repeat the fact that the name of the country was the Republic of Macedonia; the Commission was hardly the place in which to deny the people of a country the right to use the name for their country that they chose.
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