COMMISSION ON HUMAN RIGHTS ESTABLISHES SPECIAL RAPPORTEURS ON FOREIGN DEBT BURDENS, RIGHT TO EDUCATION
Press Release
HR/CN/865
COMMISSION ON HUMAN RIGHTS ESTABLISHES SPECIAL RAPPORTEURS ON FOREIGN DEBT BURDENS, RIGHT TO EDUCATION
19980422 Independent Expert Established on Extreme Poverty; Other Resolutions Condemn Trafficking in Women, Express Concern over Disappearances(Reissued as received.)
GENEVA, 17 April (UN Information Service) -- The Commission on Human Rights voted this morning to appoint special rapporteurs to study the effects of foreign debt burdens on developing countries and the role of education in advancing economic, social, and cultural rights. The Commission also decided to appoint an independent expert to look into the effects of extreme poverty on human rights.
A total of 19 resolutions and three decisions were adopted under such general headings as economic, social and cultural rights; racism, racial discrimination, xenophobia, and related intolerance; effective functioning of United Nations human rights treaty bodies; the rights of prisoners and detainees; and the work of the Subcommission on Prevention of Discrimination and Protection of Minorities, the Commission's principal subsidiary body.
Through a resolution on "effects on the full enjoyment of human rights of the economic adjustment policies arising from foreign debt and, in particular, on the implementation of the Declaration on the Right to Development", the Commission decided, among other things, to appoint, for a three-year period, a special rapporteur on the effects of foreign debt on the full enjoyment of economic, social, and cultural rights. It also emphasized an "important need" for initiatives to reduce foreign debt and for new flows of financial resources to indebted developing countries. The resolution was approved by show of hands, with 26 in favour to 16 against, with 9 abstentions.
A special rapporteur to focus on the right to education, including its status throughout the world, the extent of access to primary education, and the situation and education needs of girls, was approved by a resolution on economic, social, and cultural rights. The rapporteur is to serve for three years. That resolution was reached by a show of hands of 52 in favour to 1 against (United States).
The Commission decided to appoint for a period of two years an independent expert on the question of human rights and extreme poverty. Among the expert's duties would be to suggest to the Commission the main points of a possible draft declaration on human rights and extreme poverty, whose text might be developed by the Subcommission on Prevention of Discrimination and Protection of Minorities. The resolution was adopted by a roll-call vote of 51 in to favour 1 against (United States).
The Commission condemned the practice of trafficking in women and girls, called for greater cooperation to combat such activities, and urged States to address the root causes that led to such problems. It expressed concern over the increased incidence of enforced or involuntary disappearances in various regions of the world.
It also adopted resolutions on the right to food; on minimum humanitarian standards; on improving reporting procedures of States parties to United Nations human rights treaty bodies; on Subcommission working methods; on fostering the human rights of persons with disabilities; on continued efforts to draft an optional protocol to the Convention against Torture; on the independence of the judiciary; on human rights and forensic science; on protection of United Nations staff in the field; on preventing torture; on the rights of child detainees; on arbitrary detention; and on the right to freedom of opinion and expression.
It decided to request the Subcommission to reconsider its proposals to appoint special rapporteurs on the topics of human rights and scientific and technological developments, and human rights and privatization of prisons. It decided to "return" to the Subcommission its request to appoint a special rapporteur on the subject of freedom of movement.
Action on Resolutions
In a resolution on the right to food (E/CN.4/1998/L.16), adopted without a vote, the Commission considered it intolerable that more than 800 million people, especially women and children, throughout the world, and particularly in developing countries, did not have enough food to meet basic nutritional needs. It stressed the need to make efforts to mobilize and optimize the allocation and use of technical and financial resources from all sources, including external debt relief for developing countries, to reinforce national actions to implement sustainable food security policies. It welcomed the consultation on the right to adequate food convened by the United Nations High Commissioner for Human Rights, and endorsed the proposal made by the consultation to have a follow-up meeting in 1998 in order to provide the High Commissioner with a full set of recommendations. It invited the Committee on
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Economic, Social, and Cultural Rights to consider, draft, and adopt a general comment as a contribution to the clarification of the content of the right to food.
The Commission adopted, by a show-of-hands vote of 27 in favour to 16 against, with 9 abstentions, a resolution on effects on the full enjoyment of human rights of the economic adjustment policies arising from foreign debt and, in particular, on the implementation of the Declaration on the Right to Development (E/CN.4/1998/L.17).
It stressed the importance of continuing to implement actions for alleviating the debt and debt-service burdens of developing countries, and affirmed that the permanent solution to the problem lay in the establishment of a just and equitable international economic order which guaranteed the developing countries, among other things, better market access, stabilization of exchange and interest rates, access to financial and capital markets, adequate flows of financial resources, and better access to the technology of developed countries. It stressed the need for the economic programmes to take account of the specific characteristics, conditions and needs of the debtor countries and the need to incorporate the social dimension of development.
It affirmed that the exercise of the basic rights of the people of the debtor countries to food, housing, clothing, employment, education, health services and a healthy environment could not be subordinated to structural adjustment polices and economic reforms arising from the debt. It emphasized the important need for initiatives on the foreign debt, in particular the Debt Initiative for the heavily indebted poor countries and the decision of the Paris Club to go beyond the Naples terms, to be implemented completely and flexibly, and noted with concern the rigidity of the eligibility criteria approved by the creditor community in the context of those initiatives. It emphasized the need for new flows of financial resources to the indebted developing countries; and decided to appoint, for a three-year period, a special rapporteur on the effects of foreign debt on the full enjoyment of economic, social, and cultural rights.
Speaking before the vote, SHIGEKI SUMI (Japan) said his country extended assistance to heavily indebted countries and would continue to do so; in fact, it was one of the leading countries which dealt with the issue of foreign debt. The draft text linked the problem of foreign debt to the question of human rights for the purpose of alleviating the debt burden. Japan regretted that the resolution not only failed to reflect the agreed language on the matter in the Vienna Declaration, but also tried to introduce inappropriate elements. For example, it was not clear to Japan what the "just and equitable international economic order" was. The draft also called for a special rapporteur to be appointed, when the issue was not suitable for study under
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the Commission. The draft made Japan's serious efforts to settle foreign debt issues more difficult.
NANCY RUBIN (United States) said the resolution would do little more than establish more thematic mechanisms than the Commission and the Office of the High Commissioner could handle. It would also set up a new special rapporteur on the effects of foreign debt and economic adjustment. Her delegation was concerned that the proliferation of new mechanisms would irreparably strain the capacity of the Office of the High Commissioner. The draft text, like one adopted last week, dealt with external debt relief and structural adjustment. Those resolutions would attempt to impose external conditions on terms which the debtors and creditors had already mutually agreed upon. For those reasons, the United States would vote against the draft.
PORFIRIO MUNOZ-LEDO (Mexico) said his delegation would abstain on the draft resolution, although it supported the strengthening of machinery for the promotion and protection of economic, social and cultural rights. However, the proposal to appoint a special rapporteur on the consequences of foreign debt appeared to limit his or her function to national measures to the detriment of consideration of measures which should be adopted by governments and the international community to overcome the human rights problems confronted by highly indebted developing countries.
MANUEL BENITEZ (Argentina) said his delegation would abstain in the vote on the draft because of the same reasons advanced by Mexico and the United States. The issues in that text should be considered in a broader context.
In a resolution on human rights and extreme poverty, (E/CN.4/1998/L.29), adopted by a roll-call vote of 51 in favour to 1 against, with no abstention, the Commission reaffirmed that it was essential for States to foster participation by the poorest people in the decision-making processes in their communities. It recalled that a better understanding was needed of what was endured by people living in extreme poverty, and invited the treaty bodies monitoring application of human rights instruments to take into account, when considering the reports of States parties, the question of extreme poverty and human rights. It decided to appoint for a period of two years an independent expert on the question of human rights and extreme poverty to, among other things, make recommendations and, as appropriate, proposals in the sphere of technical assistance; and make suggestions to the Commission on the main points of a possible draft declaration on human rights and extreme poverty for a possible drafting of such a text by the Subcommission on Prevention of Discrimination and Protection of Minorities. It recommended a draft resolution to that effect to the Economic and Social Council for adoption.
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The vote was as follows:
In favour: Argentina, Austria, Bangladesh, Belarus, Bhutan, Botswana, Brazil, Canada, Cape Verde, Chile, China, Congo, Cuba, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, El Salvador, France, Guatemala, Guinea, India, Indonesia, Ireland, Italy, Japan, Luxembourg, Madagascar, Malaysia, Mali, Mexico, Morocco, Mozambique, Nepal, Pakistan, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, South Africa, Sri Lanka, Sudan, Tunisia, Uganda, Ukraine, United Kingdom, Uruguay, Venezuela.
Against: United States.
Ms. RUBIN (United States) said her delegation would like to join the consensus on the text as it had last year. But it could not accept the operative paragraph according to which, among other things, the independent expert would make proposals on a possible draft declaration to the fifty-fifth session of the Commission. The Programme of Action of the Copenhagen Summit for Social Development had addressed concerns about human rights and poverty and had called for the integration of policies on this issue. It also listed specific actions to eradicate extreme poverty, and efforts had already started to monitor steps taken. The attempt to carve out a new separate draft declaration on human rights and extreme poverty would add little to the efforts. It would add a burden on the budget and would overlap and duplicate other efforts in this area.
Mr. SUMI (Japan) said his country recognized that the link between human rights and extreme poverty was an issue before the Commission which the international community had to address. However, his delegation was concerned about the financial implications of the appointment of a further independent expert.
The Commission adopted by a show-of-hands vote of 52 in favour to 1 against, with no abstention, a resolution, on realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social, and Cultural Rights, and study of special problems faced by developing countries in their efforts to achieve these human rights (document E/CN.4/1998/L.35). By that resolution the Commission reaffirmed that freedom from fear and want could only be achieved if conditions were created whereby everyone could enjoy economic, social, and cultural rights; and that all persons in all countries were entitled to realization of such rights. It reaffirmed that States should make efforts to develop policies for providing such rights to the vulnerable and disadvantaged, including women and girl children and those living in extreme poverty, and that States should consider drawing up national action plans for such rights.
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It decided to appoint, for a three-year period, a special rapporteur to focus on the right to education, including the status throughout the world of that right. Access to primary education, taking into account gender considerations, in particular the situation and needs of the girl child, should be considered. The rapporteur should identify possible types and sources of financing for advisory services and technical cooperation in the field of access to primary education, and cooperate with other relevant agencies in the course of this work. The Commission also recommended to the Economic and Social Council for adoption a decision incorporating these matters.
Speaking before the vote, H.K. SINGH (India) said his delegation had always stressed the importance of economic, social and cultural rights and had consistently advocated a higher profile for them. India recorded its appreciation to the delegation of Portugal, which had brought forward the resolution of that issue in the Commission and welcomed the increased emphasis places on those rights at this session. He said during negotiations on this draft resolution, two key elements had been the need for a mechanism to promote the enjoyment of rights and the identification of rights which might constitute the specific focus of such a mechanism. India acknowledged the positive and constructive spirit of the co-sponsors during consultations, but remained unconvinced that adequate deliberation had preceded the move to establish a new mechanism of the Commission. One issue was that it would have been best to proceed with setting up this new mechanism once the process of evaluation and reform of the existing mechanisms had been completed. Now that the Commission was moving to establish the new mechanism, it had to ensure that it was adequately provided with financial and staff resources.
Ms. RUBIN (United States) said her delegation had thought there would be no financial implication with regard to the text. Her delegation would not entrust the High Commissioner with a task it could not execute, and it therefore did not support the text.
PEDRO MADUREIRA (Portugal) said his delegation would need to consult its co-sponsors on the issue. However, Portugal could accept amendments proposed by the United States.
In a resolution, adopted without a vote, on racism, racial discrimination, xenophobia and related intolerance (document E/CN.4/1998/L.37), the Commission expressed its deep concern at and condemnation of manifestations of racism, racial discrimination, xenophobia and related intolerance against migrant workers and their families and other vulnerable groups in many societies. It called upon all States to review, and where necessary, revise their immigration policies with a view to eliminating all discriminatory policies and practices against migrants.
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It condemned all forms of racial discrimination and xenophobia as regards access to employment, vocational training, housing, schooling, health and access to social services, and categorically condemned any role played by some print, audio-visual or electronic media in inciting acts of violence motivated by racial hatred. It decided to create an open-ended working group of the Commission to meet during the fifty-fifth session in order to review and formulate proposals for consideration by the Commission. It recommended to the General Assembly to declare the year 2001 a year of mobilization against racism, racial discrimination, xenophobia and related intolerance.
In a resolution, adopted without a vote, on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (document E/CN.4/1998/L.15), the Commission encouraged each treaty body to continue to give careful consideration to the relevant conclusions and recommendations contained in the reports issued by the joint meetings of chairmen of treaty bodies. It invited the Secretary-General to continue to solicit the views of governments, specialized agencies, intergovernmental and non-governmental organizations and interested persons on the report of the independent expert on the subject, and to submit a report thereon.
The Commission emphasized the need to ensure financing and adequate staff and information resources for the operation of the treaty bodies; urged States parties to contribute to identifying and implementing ways of further improving reporting procedures; and urged them to make every effort to meet their reporting obligations. It invited States parties that had not yet submitted their initial reports under human rights instruments to avail themselves, where necessary, of technical assistance; and encouraged the treaty bodies to continue to identify specific possibilities for technical assistance. It requested the High Commissioner for Human Rights to ensure publication of the revised Manual on Human Rights Reporting in all official languages; and urged each State party whose report had been examined by a treaty body to translate, publish, and make available in its territory the full text of the treaty body's concluding observations and to provide adequate follow-up to those observations.
In a resolution, adopted without a vote, on the work of the Subcommission on Prevention of Discrimination and Protection of Minorities (document E/CN.4/1998/L.45), the Commission reaffirmed that the Subcommission could best serve the Commission by providing it with recommendations based on expert views and perspectives of independent members, as well as in the expert studies carried out under its auspices. It welcomed further steps taken by the Subcommission to reform and improve its methods of work. It invited the Subcommission to continue its efforts to avoid duplication with the Commission's work; requested it to further improve its efficiency; to focus on its primary role as an advisory body to the Commission; to give particular
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attention to its selection of studies and to explain its choices so as to enable the Commission adequately to assess the needs for those studies; to strictly adhere to the principles of independence, impartiality, and expertise; and to focus strictly on questions in accordance with its mandate. It called upon the Subcommission to devote sufficient time at its fiftieth session to discussion of its working methods, and authorized it to organize its four-week session so that it would not hold more than 30 public meetings, spending the balance of the session in private meetings to consider implementation of the present resolution and to consider other appropriate issues.
Acting without a vote, the Commission adopted a text on human rights and scientific and technological developments (document E/CN.4/1998/L.46). By that text, it decided to request the Subcommission on Prevention of Discrimination and Protection of Minorities to reconsider its recommendation to appoint a special rapporteur on the topic.
Mr. SINGH (India) said his delegation did not believe there had been open-ended consultations on the text. The draft was of a procedural nature, but since the Commission was considering an issue presented by the Subcommission, some deliberations should have taken place. Last year, India had pointed out that some improvements on the lists of States which had proclaimed, extended or terminated states of emergency could be considered. The text did not address those issues. India also hesitated about replacing an independent expert of the Subcommission with the Secretariat in compiling the lists. Furthermore, the text did not define a state of emergency. Further discussion on the draft was required and India requested that the draft be deferred.
Also acting without a vote, the Commission adopted a text on a study on the right to freedom of movement (E/CN.4/1998/L.48), by which it recognized the important work in this field by the Special Rapporteur of the Commission and the important role of both the United Nations High Commissioner for Refugees and the International Organization for Migration. It decided to return to the question of appointment of Volodymyr Boutkevitch as a special rapporteur on the right of everyone to leave any country, including his own, and to return to his country, at its fifty-fifth session.
In a resolution on minimum humanitarian standards (document E/CN.4/1998/L.50), adopted without a vote, the Commission recognized the desirability of identifying such standards and the vital importance of the existence in each country of appropriate national legislation to that end. It recognized that the analytical report on the subject identified issues that needed further study; and requested the Secretary-General, in coordination with the International Committee of the Red Cross and within existing resources, to continue to study and consult on the issues identified for
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further clarification in the analytical report and to submit the report to the Commission at its fifty-fifth session.
In a resolution, adopted without a vote, on trafficking in women and girls (document E/CN.4/1998/L.57), the Commission called upon Governments to criminalize such trafficking, to condemn and penalize all offenders, including intermediaries, and to ensure that the victims of such practices were not penalized. It called upon Governments to consider ratification and enforcement of relevant international conventions; to take appropriate measures to address root factors, including external factors, that led to such trafficking; to increase cooperation and concerted action; to allocate resources to provide rehabilitative programmes for victims; to develop educational and training programmes and policies; and to consider legislation aimed at preventing sex tourism; It invited them to formulate manuals for training of personnel involved in treating or holding victims of gender-based violence, including trafficking; encouraged relevant United Nations bodies to contribute to the preparation of guidelines for such manuals; and invited relevant Commission Special Rapporteurs to consider the issue of such trafficking in carrying out their mandates.
In a resolution, adopted without a vote on the human rights of persons with disabilities (document E/CN.4/1998/L.59), the Commission called upon the Secretary-General to maintain the integrity of programmes within the United Nations system relating to such persons, including the relevant voluntary fund. It encouraged governments to support organizations active in the promotion and protection of the human rights of such persons. It recognized the right of such persons to form and become members of organizations of persons with disabilities; urged Governments to implement the Standard Rules on the Equalization of Opportunities for Persons with Disabilities; and invited governments and the private sector to contribute to the relevant voluntary fund.
It expressed grave concern that situations of armed conflict had especially devastating consequences for the human rights of persons with disabilities; welcomed increased international efforts with respect to anti-personnel mines; and called upon all States and relevant United Nations bodies, including the Voluntary Trust Fund for Assistance in Mine Clearance, to contribute on an ongoing basis to international mine-clearance efforts. It encouraged the development of programmes for persons with disabilities to enable them to develop their potential to fully participate in all aspects of society; and encouraged governments to work towards developing appropriate education policies and practices for persons with disabilities.
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By a text on privatization of prisons (document E/CN.4/1998/L.79), the Commission decided to request the Subcommission on Prevention of Discrimination and Protection of Minorities to reconsider its recommendation to appoint a Special Rapporteur on the question.
MICHAEL DENNIS (United States) said he realized the delegation had taken part in the consultations on the text concerning realization in all countries of the economic, social and cultural rights (L.35). The delegation had repeatedly asked if there were going to be additional budgetary implications and had been assured there would not. Then it discovered this morning that there were. Unfortunately, the United States would not be able to support this draft. Although the draft contained good ideas, the United States was very concerned about overloading the Office of the High Commissioner for Human Rights with burdens that it could not carry.
AUDREY GLOVER (United Kingdom) said her statement was in respect of the resolution adopted earlier, on effects on the full enjoyment of human rights of the economic adjustment policies arising from foreign debt(l.17). She reiterated the importance her Government attached to the proper observance of rule 28 on the Rules of Procedure of the Commission, in particular the need for any budgetary implication to be submitted in good time. The United Kingdom also recalled existing procedures for dealing with potential additional expenditure, set out in General Assembly resolutions and elsewhere, and emphasized the importance of the role of the Fifth Committee in those matters. Her statement should be considered to apply to all subsequent resolutions adopted by the Commission which would raise similar issues.
Mr. SUMI (Japan) said it had voted in favour of the text concerning realization in all countries of the economic, social and cultural rights (L.35) due to the importance of the issue. However, it shared the concern expressed by the United States' delegation about the financial implications.
In a resolution, adopted without a vote, on a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (document E/CN.4/1998/L.49), which would establish a system of inspection visits to places of detention, the Commission warmly welcomed the progress made by the working group on the draft optional protocol during its sixth session. It requested the working group to meet prior to the fifty-fifth session of the Commission for two weeks, in the course of which the Chairman, in consultation with the working group may request one additional week with a view to completing a final and substantive text. It encouraged the Chairman to conduct informal consultations with all interested parties in order to present a consolidated text to the working group at its next session.
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By a resolution on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers (document E/CN.4/1998/L.53), adopted without a vote, the Commission noted with concern the increasingly frequent attacks on the independence of judges, lawyers and court officers, stating it was aware of the close link between the weakening of safeguards for judges, lawyers and court officers and the frequency and gravity of violations of human rights. It noted with appreciation the determination of the Special Rapporteur on the question to achieve as wide a dissemination as possible of information about existing standards relating to the independence and impartiality of the judiciary. It invited the High Commissioner for Human Rights to continue to provide technical assistance to train judges and lawyers and to associate the Special Rapporteur in the elaboration of a manual on such training; and encouraged governments that faced difficulties in guaranteeing the independence of judges and lawyers to consult and consider the services of the Special Rapporteur.
In a resolution, adopted without a vote, on human rights and forensic science (document E/CN.4/1998/L.54), the Commission requested the Office of the High Commissioner for Human Rights to consult with governments, relevant United Nations bodies and professional organizations of forensic and related experts with a view to updating a list of experts. It requested the Office of the High Commissioner and the Crime Prevention and Criminal Justice Division of the Secretariat to consider revising the Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions in which standard procedures for adequate post-mortem examinations were described. It recommended that the Office of the High Commissioner establish procedures to evaluate the use of forensic expertise and the results of those efforts.
Through a resolution on United Nations staff (document E/CN.4/1998/L.55), the Commission expressed grave concern at the recent increase in attacks and the use of force against United Nations and other personnel acting under the authority of United Nations operations as well as personnel of international humanitarian organizations. It called upon States to respect the rights of United Nations and other personnel and to take measures to ensure the safety and security of those personnel, as well as the inviolability of United Nations premises which were essential to the continuation and successful implementation of United Nations operations. It requested the Secretary-General to, among other steps, take the necessary measures to ensure full respect for the human rights, privileges and immunities of United Nations and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation, and when those rights, privileges and immunities were violated, to ensure that such personnel were restored to their organization, and, where appropriate, to seek redress and compensation for the damage caused to them.
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ALICIA PEREZ DUATE Y NORONA (Mexico) said her delegation supported the proposal contained in the text. However, it was important to recall that when the General Assembly opened the Convention on the Safety of United Nations and Associated Personnel for signature, Mexico had made an explanation of a vote. In that explanation, Mexico said it recognized the importance of protecting United Nations staff, but it requested time to check how this affected relations between States and peacekeeping operations. Mexico hoped the ambiguities of the Convention would not affect its applicability.
In a resolution on torture and other cruel, inhuman or degrading treatment or punishment (document E/CN.4/1998/L.56), the Commission called upon governments to fully prohibit such practices; and reminded them that corporal punishment could amount to cruel, inhuman or degrading punishment or even torture. It stressed that all allegations of torture should be promptly and impartially examined; and that those who encourage, order, tolerate, or perpetuate such acts must be held responsible and severely punished, including officials in charge of the place of detention where the prohibited act was found to have taken place. National legal systems should ensure that the victims of such acts obtained redress and were awarded fair and adequate compensation and received appropriate rehabilitation. The Commission reminded States that prolonged incommunicado detention could facilitate the perpetration of torture and could in itself constitute a form of cruel treatment. It urged States to become parties to the Convention against Torture; and invited all States ratifying or acceding to the Convention and those States parties that had not yet done so to make the declaration provided for in articles 21 and 22 of the Convention and to avoid making, or consider the possibility of withdrawing, reservations to article 20. It stressed that under the Convention, acts of torture must be made an offense under domestic criminal law. It decided to extend for three years the mandate of the Special Rapporteur on torture.
In a resolution on human rights in the administration of justice in particular of children and juveniles in detention (document E/CN.4/1998/L.58), the Commission urged States to take appropriate steps to ensure compliance with the principle that depriving children and juveniles of their liberty should be used only as a measure of last resort and for the shortest appropriate period of time, in particular before trial. States were urged to ensure that detained children and juveniles are separated from adults.
By a resolution on the question of enforced or involuntary disappearances (document E/CN.4/1998/L.60), the Commission expressed deep concern at the intensification of enforced or involuntary disappearances in various regions of the world and by the growing number of reports concerning harassment, ill-treatment and intimidation of witnesses of disappearances or relatives of persons who had disappeared. It urged governments to cooperate with the working group and to help it carry out its mandate effectively; and
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to take steps to protect witnesses of enforced or involuntary disappearances and the lawyers and families of disappeared persons against any intimidation or ill-treatment. It decided to renew for a period of three years the mandate of the working group made up of five independent experts.
In a resolution on the question of arbitrary detention (document E/CN.4/1998/L.61), the Commission requested governments concerned to take account of the views of the working group on arbitrary detention, to take appropriate steps to remedy the situation of persons arbitrarily deprived of their liberty and to inform the working group on the steps they had taken. It encouraged all governments to invite the working group to visit their countries in order that it might fulfil its mandate even more effectively.
In a resolution on the right to freedom of opinion and expression (document E/CN.4/1998/L.62), the Commission expressed concern at the extensive occurrence of detention, long-term detention and extrajudicial killing, persecution and harassment, of threats and acts of violence and of discrimination directed at persons exercising these rights. It expressed concern at the number of cases of such violations which were facilitated and aggravated by several factors such as abuse of states of emergency, exercise of the powers specific to states of emergency without formal declaration, and too vague a definition of offences against State security. It called for further progress towards persons detained for exercising such rights and freedoms; and urged governments to implement effective measures to eliminate the atmosphere of fear which often prevented women who had been victims of violence, either in domestic or community settings or as a result of armed conflict, from communicating freely on their own behalf or through intermediaries.
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