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GA/SHC/3455

THIRD COMMITTEE HEARS INTRODUCTION OF 10 DRAFT RESOLUTIONS ON HUMAN RIGHTS QUESTIONS

20 November 1997


Press Release
GA/SHC/3455


THIRD COMMITTEE HEARS INTRODUCTION OF 10 DRAFT RESOLUTIONS ON HUMAN RIGHTS QUESTIONS

19971120 Issues Covered Include Implementation of Human Rights Instruments, Non-Interference in Internal Affairs of States

The General Assembly would condemn any act of armed aggression or threat or use of force against peoples, their elected governments or their legitimate leaders, by the terms of one of 10 draft resolutions introduced this afternoon in the Third Committee (Social, Humanitarian and Cultural).

By other terms of that text, introduced by Cuba, the Assembly would strongly appeal to all States to refrain from financing or providing, directly or indirectly, any form of overt or covert support for political parties or groups and from taking actions to undermine the electoral processes in any country.

By another text, introduced by the representative of Poland, the Assembly would urge governments to endorse and implement national programmes for the celebration of the fiftieth anniversary of the Universal Declaration of Human Rights in 1998 and to ensure wide participation in them.

A draft resolution on strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization, was introduced by the United States. By its terms, the Assembly would commend the electoral assistance provided to Member States at their request by the United Nations and request that such assistance continue on a case-by-case basis.

The Assembly would welcome the report of the Haitian National Commission for Truth and Justice, as well as reports by the International Civilian Mission in Haiti on Respect for Human Rights by the Haitian National Police, by a draft resolution on human rights in that country, introduced by the representative of Venezuela. It would urge the Government of Haiti to undertake appropriate follow-up action on the recommendations contained in them, with the support of the international community.

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The Assembly would express its deep concern at the scarcity of means at the disposal of the Office of the United Nations High Commission for Human Rights for the fulfilment of its tasks, under a text introduced by the representative of Brazil. It would affirm that the Office remain the focal point for coordinating system-wide attention to human rights, democracy and the rule of law.

The representative of Austria introduced a draft resolution by which the Assembly would again call on States to provide effective legislation mechanisms and resources to ensure the full implementation of all United Nations standards on human rights in the administration of justice. She also introduced a text on the Declaration on the Rights of Minorities, by which the Assembly would express concern at the increasing frequency of disputes and conflicts, along with their often tragic consequences for minorities in many countries.

By a draft resolution on elimination of all forms of religious intolerance, introduced by the representative of Ireland, the Assembly would urge all States to ensure that no one within their jurisdiction was, because of his or her religion or belief, deprived of the right to life or the right to liberty and security of person, or subjected to torture or arbitrary arrest or detention.

The representative of Iran introduced a draft resolution on human rights and unilateral coercive measures, by which the Assembly would reject such measures, with all their extraterritorial effects, as tools for political or economic pressure against any country, in particular against developing countries.

A draft resolution on the respect for the right to universal freedom of travel and the importance of family reunification was introduced by the representative of Cuba. By its terms the Assembly would once again call on all States to guarantee the universally recognized freedom of travel to all foreign nationals legally residing in their territory. It would also call upon States to allow the free flow of financial remittances by foreign nationals residing in their territory to their relatives in the country of origin.

The Third Committee will meet again at 3 p.m. tomorrow, 21 November, to take action on a number of draft resolutions relating to human rights questions.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to hear the introduction of 11 draft resolutions on human rights questions. They concern such issues as the implementation of human rights instruments, alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, and specific human rights situations.

Draft Texts

By terms of a draft resolution on implementing human rights instruments (document A/C.3/52/L/49), the Assembly would urge governments to endorse and implement national programmes for the celebration of the fiftieth anniversary of the Universal Declaration of Human Rights and to ensure wide participation in them. It would urge governments which have not yet ratified the international human rights treaties and protocols adopted within the framework of the United Nations system to consider doing so. It would call on all governments to implement fully their international obligations in the field of human rights. It would call upon relevant United Nations bodies to assess and report on the implementation and impact of existing human rights instruments and would invite them, in coordination with the United Nations High Commissioner on Human Rights, to intensify their contributions to the promotion and protection of human rights. It would encourage national human rights institutions to play a significant role in activities to mark the anniversary and invite non-governmental organizations to participate fully in preparations for it.

The draft is sponsored by Argentina, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Costa Rica, Côte d'Ivoire, Croatia, the Czech Republic, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Italy, Kyrgyzstan, Latvia, Lithuania, Luxembourg, Malawi, Malta, Mexico, Monaco, Mongolia, Nicaragua, Norway, Panama, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Sweden, the former Yugoslav Republic of Macedonia, Ukraine, the United Kingdom, Uzbekistan and Venezuela.

By a draft resolution on respect for the principles of national sovereignty and non-interference in the internal affairs of States in their electoral processes (document A/C.3/52/L.44) the Assembly would condemn any act of armed aggression or threat or use of force against peoples, their elected governments or their legitimate leaders. It would strongly appeal to all States to refrain from financing or providing, directly or indirectly, any other form of overt or covert support for political parties or groups and from taking actions to undermine the electoral processes in any country.

The Assembly would recognize that the form of democracy must emerge from each people, as suited to the nation's history, size, cultural diversity and value systems, and that political systems need to be understood by the peoples

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they serve. It would reaffirm that all countries have the obligation under the Charter to respect the right of others to self-determination and to determine freely their political status and pursue their economic, social and cultural development.

The draft resolution is sponsored by Burundi, China, Cuba, the Democratic People's Republic of Korea, Iraq, the Lao People's Democratic Republic, Libya, Myanmar, Namibia, Sudan, Syria and Viet Nam.

Another draft resolution concerns strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization (document A/C.3/52/L.45). By its terms, the Assembly would commend the electoral assistance provided to Member States at their request by the United Nations. It would request that such assistance continue on a case-by-case basis, while recognizing that the fundamental responsibility for organizing free and fair elections lies with the governments themselves. By other terms of the text, the Assembly would stress the importance of reinforced coordination within the United Nations system, including cooperation with all relevant departments within the United Nations Secretariat, the Office of the United Nations High Commissioner for Human Rights, the United Nations Development Programme (UNDP) and the United Nations Volunteers, which provide advisory services and technical assistance to requesting Member States. It would underline the need for the prompt exchange of information concerning requests for electoral assistance by Member States directed to any of the aforementioned entities, and encourage the Electoral Assistance Division to strengthen its collaboration with them.

The Assembly would recommend that the Electoral Assistance Division continue to provide post-election assistance, as appropriate, to requesting States and electoral institutions, in order to contribute to the sustainability of their electoral processes. It would also recommend that it study ways of defining more clearly the activities related to democratic consolidation that the United Nations might usefully undertake in assisting the efforts of interested States.

In addition, the Assembly would recommend that the Secretary-General consider ways to continue to improve coordination and to strengthen further the efforts of the Electoral Assistance Division, the Office of the United Nations High Commissioner for Human Rights and the United Nations system in general, to respond to its increased and evolving responsibilities in the field of electoral assistance and democratization.

The draft resolution is sponsored by Afghanistan, Argentina, Armenia, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Cyprus, the Czech Republic, Denmark, Ecuador, El Salvador, Ethiopia, Fiji, Finland, France, Georgia, Germany, Haiti, Hungary, Iceland, Ireland, Israel, Italy, Japan, Kyrgyzstan, Luxembourg, Malawi, Mali, Malta, the Marshall Islands, Monaco, the Netherlands, Nicaragua, Norway, Paraguay, Poland,

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Portugal, the Republic of Korea, the Republic of Moldova, Romania, Saint Vincent and the Grenadines, Sierra Leone, Slovakia, Sweden, Turkey, the United Kingdom, the United States and Venezuela.

By a draft resolution on human rights and unilateral coercive measures (document A/C.3/52/L.46), the Assembly would reject unilateral coercive measures, with all their extraterritorial effects, as tools for political or economic pressure against any country, in particular against developing countries, because of their negative effects on the realization of all the human rights of vast sectors of their populations, particularly children, women and the elderly.

The Assembly would urge all States to refrain from adopting or implementing any unilateral measure not in accordance with international law and the Charter of the United Nations, in particular those of a coercive nature which create obstacles to trade relations among States. It would state that such measures impede the full realization of the rights set forth in the Universal Declaration of Human Rights and other international human rights instruments, in particular the right of individuals and peoples to development.

By other terms of the draft, the Assembly would call upon Member States that have initiated such measures to commit themselves to their obligations and responsibilities arising from the international human rights instruments to which they are party by revoking such measures at the earliest time possible. The Commission on Human Rights would be urged to take fully into account the negative impact of unilateral coercive measures, including enactment of national laws and their extraterritorial application, in its task concerning the implementation of the right to development.

The draft resolution is sponsored by Afghanistan, China, Cuba, the Democratic People's Republic of Korea, Iran, Iraq, Libya, Myanmar, Sudan and Syria.

By a draft resolution on the respect for the right to universal freedom of travel and the vital importance of family reunification (document A/C.3/52/L.47), sponsored by Cuba, the Assembly would reaffirm that all governments, particularly those of receiving countries, must promote family reunification by recognizing it in national legislation, in order to protect the unity of families of documented workers. It would call upon all States to allow the free flow of financial remittances by foreign nationals residing in their territory to their relatives in the country of origin. It would also call on them to repeal and refrain from enacting legislation intended as a coercive measure which would discriminate against legal migrants by adversely effecting family reunification and the right to send financial remittances to relatives in the country of origin.

By a draft resolution on the elimination of all forms of religious intolerance (document A/C.3/52/L.48), the Assembly would express its grave

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concern at any attack upon religious places, sites and shrines, and call upon all States, in accordance with their national legislation and in conformity with international human rights standards, to exert utmost efforts to ensure that such places, sites and shrines are fully respected and protected.

States would be urged to ensure that their constitutional and legal systems provide effective guarantees of freedom of thought, conscience, religion and belief, including the provision of effective remedies in cases where that right is violated. They would be urged to ensure, in particular, that no one within their jurisdiction was, because of his or her religion or belief, deprived of the right to life or the right to liberty and security of person, or subjected to torture or arbitrary arrest or detention.

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

The Assembly would urge States to ensure that, in the course of their official duties, members of law enforcement bodies, civil servants, educators and other public officials respect different religions and beliefs and do not discriminate against persons professing other religions or beliefs. It would encourage overnments to give serious consideration to inviting the Special Rapporteur on that issue to visit their countries, so as to enable him to fulfil his mandate even more effectively. The Secretary-General would be asked to ensure that the Special Rapporteur received the necessary staffing, financial and material resources to enable him to discharge his mandate in full and on time.

The draft resolution is sponsored by Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Côte d'Ivoire, Cyprus, Denmark, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Portugal, the Republic of Moldova, Romania, San Marino, Spain, Sweden, The former Yugoslav Republic of Macedonia, the United Kingdom and Venezuela.

By a draft resolution on the protection of United Nations personnel (document A/C.3/52/L.50), the Assembly would urge all States to ensure respect for the human rights of United Nations and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to ensure the security of such personnel, as well as the inviolability of United Nations premises. It would also call on them to consider becoming parties to the Convention on the Safety of United Nations and Associated Personnel; to provide prompt and adequate information on the arrest or detention of such

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personnel, to grant immediate access to such persons by a representative of the competent international organization; to allow independent medical teams to investigate their health; and to allow the competent international representatives to attend hearings involving such personnel.

Other terms of the draft would have the Assembly ask that the Secretary- General take necessary measures to ensure full respect for the rights, privileges and immunities of international personnel carrying out activities in fulfilment of the mandate of a United Nations operation and, in cases of violation, to ensure that such personnel are restored to their organization and to seek redress, and compensation for the damage caused to them as warranted. The Assembly would also ask that, until the Convention entered into force, the Secretary-General include the protection of such personnel in the planning of operations and to ensure that they are adequately informed and trained, so as to enhance their security and effectiveness.

The draft is sponsored by Australia, Brazil, Bulgaria, Canada, Costa Rica, Côte d'Ivoire, Cyprus, the Czech Republic, Denmark, Finland, France, Georgia, Germany, Greece, Ireland, Italy, Japan, Luxembourg, Malta, the Marshall Islands, Monaco, New Zealand, Norway, Philippines, Poland, Portugal, Romania, Slovakia, Spain and Sweden.

By a draft resolution on promoting the Declaration on the Rights of Minorities (document A/C.3/52/L.51), the Assembly would express concern at the increasing frequency of disputes and conflicts, along with their often tragic consequences for minorities in many countries. It would recall the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and reaffirm the obligation of States to ensure that persons belonging to minorities have the opportunity to exercise rights and freedoms without discrimination. It would urge the international community to promote and protect the rights of minorities and would urge States to take constitutional, legislative, administrative and other measures to give effect to the Declaration.

In addition, the Assembly would call upon the United Nations High Commissioner for Human Rights to promote implementation of the Declaration, to continue dialogue with States regarding it, and to make efforts to improve coordination within the United Nations system in implementing it. It would urge all United Nations entities and treaty bodies to give due regard to promoting and protecting minorities, and would express the expectation that the Working Group on Minorities of the Subcommission on the Prevention of Discrimination and the Protection of Minorities would implement its mandate and hold an annual session. The Secretary-General would be asked to report on implementation of those initiatives.

The draft is sponsored by Afghanistan, Argentina, Armenia, Australia, Austria, Belarus, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, the Czech Republic, Denmark, Ethiopia, Fiji,

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Finland, Georgia, Greece, Guatemala, Hungary, Iceland, Israel, Italy, Latvia, Lithuania, Malta, Monaco, Norway, Panama, Philippines, Portugal, the Republic of Korea, San Marino, Slovakia, Slovenia, Sudan, Sweden, The former Yugoslav Republic of Macedonia, Ukraine and the United Kingdom.

By a draft resolution on human rights in the administration of justice (document A/C.3/52/L.52), the Assembly would again call on States to provide effective legislation and other mechanisms and procedures, as well as adequate resources, to ensure full implementation of all United Nations standards on human rights in the administration of justice. It would call upon the Secretary-General to strengthen system-wide coordination regarding the administration of justice, particularly between United Nations programmes in the human rights field and those relating to crime prevention and criminal justice. The Assembly would also call upon the United Nations High Commissioner for Human Rights, as well as mechanisms of the Commission on Human Rights, to continue giving special attention to questions relating to the promotion of human rights in the administration of justice, and to provide specific recommendations when appropriate, including proposals regarding advisory services and technical assistance.

The draft is sponsored by Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Costa Rica, Côte d'Ivoire, Cyprus, Denmark, Ecuador, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Lithuania, Luxembourg, Malta, Monaco, New Zealand, Norway, Paraguay, the Philippines, Portugal, the Republic of Moldova, San Marino, Slovakia, Slovenia, Spain and Sweden.

By a draft resolution on strengthening the rule of law (document A/C.3/52/L.53) the Assembly would express its deep concern at the scarcity of means at the disposal of the Office of the United Nations High Commissioner for Human Rights for the fulfillment of its tasks. It would affirm that the Office remain the focal point for coordinating system-wide attention to human rights, democracy and the rule of law. The Assembly would encourage the High Commissioner to continue the dialogue initiated with other bodies of the United Nations system for enhancing system-wide coordination. It would also encourage her to explore further contacts for support with financial institutions, with a view to obtaining technical and financial means to strengthen the capacity of her Office to provide assistance to national projects aiming at the realization of human rights and maintenance of the rule of law.

The Assembly would ask the High Commissioner to accord high priority to technical cooperation activities and would note with appreciation the Secretary-General's proposal for an analysis of technical cooperation in the human rights field with the aim of formulating recommendations for inter-agency coordination, funding and responsibility in order to improve efficiency and complementarity of action.

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The draft is sponsored by Angola, Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Côte d'Ivoire, Cyprus, the Czech Republic, the Dominican Republic, Ecuador, El Salvador, Ethiopia, Fiji, Finland, France, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Iceland, India, Israel, Italy, Japan, Kenya, Lesotho, Luxembourg, Malta, the Marshall Islands, Monaco, Morocco, Namibia, Nicaragua, Panama, Paraguay, Peru, Poland, Portugal, the Republic of Korea, the Republic of Moldova, Romania, San Marino, Slovenia, South Africa, Spain, Thailand, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, the United Kingdom, the United States, Uruguay and Venezuela.

By a draft resolution on the United Nations Decade for Human Rights Education, 1995-2004, and human rights public information activities (document A/C.3/52/L.55), the Assembly would urge all governments to contribute to implementation of the Plan of Action for the Decade, by establishing broadly representative national committees for human rights education. It would call on them to disseminate information and education in their relevant national and local languages on practical ways in which national and international institutions and procedures might be used to ensure the effective implementation of the Universal Declaration of Human Rights, the International Covenants on Human Rights, and other human rights instruments. It would ask the United Nations High Commissioner for Human Rights to coordinate human rights education and information strategies within the United Nations system.

The Assembly would urge the Office of Communications and Public Information of the Secretariat to continue disseminating timely information through the United Nations information centres. It would stress the need for close collaboration between the Offices of the High Commissioner and the Communications Office. It would ask the Secretary-General, with the High Commissioner's Office, to consider appropriate ways and means to support human rights education activities, including the possibility of establishing a voluntary fund.

The draft resolution is sponsored by Australia, Costa Rica and Namibia.

By a draft resolution on human rights in Haiti (document A/C.3/52/L.54), the Assembly would welcome the report of the Haitian National Commission for Truth and Justice, as well as reports by the International Civilian Mission in Haiti on Respect for Human Rights by the Haitian National Police. It would urge the Government of Haiti to undertake appropriate follow-up action on the recommendations contained in them, with the support of the international community.

The Assembly would express concern at the security problems faced by Haitian society, which contribute to the shortcomings of the judicial system and the police apparatus, as noted in the Independent Expert's report. It would support the reform of the judicial system currently being carried out.

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By other terms of the draft, the Assembly would invite the international community, including the Bretton Woods institutions, to continue their involvement in the reconstruction and development of Haiti, having regard to the fragility of the political, social and economic situation of the country. The Government of Haiti would be encouraged to ratify the International Covenant on Economic, Social and Cultural Rights, the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, and the Optional Protocols to the International Covenant on Civil and Political Rights.

The draft is sponsored by Andorra, Antigua and Barbuda, Argentina, Austria, Bahamas, Barbados, Belgium, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, the Dominican Republic, Ecuador, El Salvador, Finland, France, Georgia, Germany, Greece, Grenada, Guatemala, Guyana, Haiti, Hungary, Ireland, Israel, Italy, Jamaica, Japan, Luxembourg, Mexico, Monaco, the Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Spain, Sweden, Trinidad and Tobago, the United Kingdom, the United States, Uruguay and Venezuela.

Introduction of Draft Texts

JOANNA WRONECKA (Poland) introduced the draft resolution on the fiftieth anniversary of the Universal Declaration of Human Rights.

The following co-sponsors were added: Liechtenstein, Israel and the Republic of Moldova.

JULIA TAVARES DE ALVAREZ (Dominican Republic) proposed that the words "for all" be added to the phrase "human rights and fundamental freedom" wherever it occurred in the text, for example at the end of the last preambular paragraph and at the end of operative paragraphs 8 and 9.

JORGE FERRER RODRIGUEZ (Cuba) introduced the draft resolution on non- interference in the internal affairs of States in their electoral processes.

LAURIE SHESTACK (United States) introduced the draft resolution on strengthening the United Nations role in enhancing the effectiveness of the principle of periodic and genuine elections.

The following co-sponsors were added: Andorra, Chile, the Federated States of Micronesia, Greece, Liberia, Liechtenstein, Lithuania, Mongolia, Panama, the Philippines, San Marino, Slovenia, Spain, the Solomon Islands and Uzbekistan.

MOSTAFA ALLAEI (Iran) introduced the draft resolution on unilateral coercive measures. In operative paragraph 4, "s" was added to the word "people", to read as "the right of all peoples to self-determination".

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Mr. FERRER RODRIGUEZ (Cuba) introduced the draft resolution on universal freedom of travel and family reunification.

The Czech Republic, Liechtenstein, Mauritius, Norway and Slovenia were added as co-sponsors.

SEAN McDONALD (Ireland) introduced the draft resolution on the elimination of all forms of religious intolerance.

ELIZABETH SCHIEFERMAIR (Austria) introduced the draft resolution on the Declaration on the Rights of Minorities.

The draft text was orally revised. In operative paragraph 14, the words "and continue to hold one session annually" were deleted. The paragraph would now read as follows: "Expresses its expectation that the Working Group on Minorities of the Subcommission on Prevention of Discrimination and Protection of Minorities will further implement its mandate, with the involvement of a wide range of participants".

Ms. SCHIEFERMAIR (Austria) introduced the draft resolution on human rights in the administration of justice.

RICARDO NEIVA-TAVARES (Brazil) introduced the draft resolution on strengthening the rule of law. Samoa and Mongolia were added as co-sponsors.

SAYED DURAN (Venezuela) introduced the draft resolution on human rights in Haiti. She said that Jamaica was one of the co-sponsors, as listed on the draft text.

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For information media. Not an official record.