COMMISSION ON HUMAN RIGHTS CONCLUDES FIFTY-FOURTH SESSION

27 April 1998

Press Release
HR/CN/875

COMMISSION ON HUMAN RIGHTS CONCLUDES FIFTY-FOURTH SESSION

19980427 Appoints Special Rapporteurs on Foreign Debt Burden, Right To Education; Establishes Working Group on Right to Development

(Reissued as received.)

GENEVA, 24 April (UN Information Service) -- The Commission on Human Rights this afternoon closed a 1998 session marked by observance of the fiftieth anniversary of the Universal Declaration of Human Rights.

In the opening week of this fifty-fourth session, Secretary-General Kofi Annan, Czech Republic President Vaclav Havel and French Prime Minister Lionel Jospin spoke on the anniversary. The Commission also heard a series of addresses by Foreign Ministers calling for review and stocktaking on the occasion of the Declaration's half century.

Also noteworthy was the adoption of the text of a draft declaration on human rights defenders, after 13 years of negotiations. The draft establishes the right of everyone, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. It holds States responsible for protecting them in such endeavours. The text must still be approved by the Economic and Social Council and the General Assembly.

In addition, the Commission voted to end its country-specific monitoring of Guatemala after 19 years of scrutiny under various mechanisms.

And, for the first time since 1991, a draft resolution on the human rights situation in Cuba was defeated.

In closing statements, United Nation High Commissioner for Human Rights Mary Robinson, and the Chairman of the fifty-fourth session, Jacob Selebi (South Africa), pointed to the approval of a draft declaration on the protection of human rights defenders as one of the highlights of the past six weeks of meetings. But, they added, much work remained to be done, as evidenced by recent attacks on human rights activists and continuing abuses throughout the world.

"We can never congratulate ourselves while these violations occur", said the Chairman, calling for measurable progress at the national level.

Occasional contentiousness of debate during the three-week session was illustrated when the Chairman sequestered several delegations in his office and told them to reach agreement on a draft resolution on "constructive dialogue" and "enhancement of understanding" in the field of human rights. The Chairman said he refused to have a measure on "enhancement of understanding" approved by anything but consensus.

The Commission appointed new Special Rapporteurs on the right to education and on the effects of foreign-debt burdens on human rights. It appointed an independent expert on the subject of human rights and extreme poverty, and established another to prepare a revised version of draft basic principles and guidelines on right to compensation and restitution of victims of grave human rights violations. It approved a recommendation by its principal subsidiary body, the Subcommission on Prevention of Discrimination and Protection of Minorities, to appoint a Special Rapporteur on the topic of human rights and terrorism.

It further decided to create a working group on the right to development, to be advised by an independent expert, and it agreed to establish a working group on the possible development within the United Nations system of a permanent forum for indigenous peoples.

The Commission passed resolutions on the situation of human rights in the Democratic Republic of the Congo, Myanmar, Nigeria, Iraq, the former Yugoslavia, Sudan, Afghanistan, Iran, Rwanda, Equatorial Guinea and Burundi.

Chairman's statements were approved on the status of human rights in Kosovo, Colombia, and East Timor, while resolutions relating to advisory services programmes focused on the human rights situations in Haiti, Somalia and Cambodia.

Mandates were renewed for thematic Special Rapporteurs or Special Representatives on the international movement and dumping of toxic wastes; religious intolerance; internally displaced persons; extrajudicial, summary, or arbitrary executions; and the sale of children, child prostitution and child pornography. Among others, the Commission extended the lifetime of its working group on enforced or involuntary disappearances.

Mandates of Special Rapporteurs or Special Representatives were extended on the human rights situations in the Democratic Republic of the Congo, Myanmar, Nigeria, Iraq, the former Yugoslavia, Sudan, Afghanistan, Iran, Rwanda, Equatorial Guinea and Burundi.

In closed meetings held on 8 April, the Commission examined the human rights situations in Chad, Gambia, Japan, Kyrgyzstan, Paraguay, Peru, Saudi Arabia, Sierra Leone and Yemen. It decided to discontinue consideration of Japan, Kyrgyzstan, Paraguay, Peru, Saudi Arabia and Yemen.

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In total, the Commission adopted 83 resolutions and 13 decisions, most by consensus, since beginning work on 16 March.

Dates for next year's session, the Commission's fifty-fifth, will be from 15 March to 23 April.

Examination of Human Rights Situation in Specific Countries

Under its agenda item on the question of human rights violations anywhere in the world, the Commission:

-- welcomed the expressed commitment of the Government of the Democratic Republic of the Congo to a process of democratization, but expressed concern at the human rights situation, particularly in the east of the country, where acts of violence continued; at the occurrence of arbitrary arrest and detention without trial of civilians; at restrictions on the work of non-governmental organizations; at restrictions on political party activities; at the large numbers of refugees and displaced persons who disappeared between 1994 and 1997 and who had not yet been accounted for and at serious allegations of killings and other human rights abuses in this connection, and at the circumstances surrounding the withdrawal of the Secretary-General's investigative team established to look into those allegations. It also decided to extend the mandate of the Special Rapporteur on the Democratic Republic of the Congo for a further year;

-- deplored continued Israeli violations of human rights in southern Lebanon and West Bekaa; and called upon Israel to immediately end such practices, including air raids and the use of prohibited weapons such as fragmentation bombs, and to implement Security Council resolution 425 requiring immediate, total and unconditional withdrawal from all Lebanese territories;

-- welcomed the remission of sentences by the Government of Myanmar for some long-term prisoners announced by the Government in December, calling for this to be widened to include prisoners imprisoned for their peaceful political activities; expressed its deep concern at severe restrictions on the freedoms of opinion, expression, assembly and association and at inhuman treatment of prisoners and deaths in custody; called upon the Government to take urgent measures to ensure the establishment of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990; and urged the Government to end impunity of perpetrators of human rights violations, including members of the military, and investigate and prosecute alleged violations committed by Government agents in all circumstances. It decided to extend the mandate of the Special Rapporteur for a further year;

-- welcomed the declared commitment of the Government of Nigeria to civilian rule, multiparty democracy and freedom of assembly, press and

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political activity by 1 October 1998; expressed deep concern at continuing grave violations of human rights, including arbitrary detention, as well as failure to respect due process of law; and called on the Government to observe human rights and fundamental freedoms, including by releasing all political prisoners, among them those detained in connection with the 1993 presidential elections. The Commission decided to extend the mandate of the Special Rapporteur on Nigeria for another year;

-- strongly condemned systematic, widespread and extremely grave violations of human rights by the Government of Iraq, which resulted in an all-pervasive repression and oppression sustained by broad-based discrimination and widespread terror; condemned summary and arbitrary executions, including political killings; called on the Government to abide by international human rights standards and restore independence of the judiciary and abrogate all laws granting impunity; to abrogate all decrees prescribing cruel and inhuman punishment or treatment, including mutilation, and to ensure that torture no longer occurred; to abrogate all laws and procedures penalizing free expression; and to cooperate with the Tripartite Commission to establish the whereabouts and resolve the fate of missing persons. It also decided to extend the mandate of the Special Rapporteur for a further year;

-- stressed in a Chairman's statement the need for undertakings by the Government of Indonesia to promote human rights in East Timor, expressed concern over reported continued human rights violations, and stressed the need for constructive actions in order to promote a favourable atmosphere for further progress towards a solution to the situation on the island under the auspices of the Secretary-General;

-- urged all parties to the conflict in Burundi to end the cycle of violence and killing, notably the indiscriminate violence against the civilian populations; expressed its concern at the forcible recruitment and kidnapping of children by non-governmental armed groups; exhorted the parties to the conflict to facilitate humanitarian assistance operations in aid of war victims and to comply scrupulously with international humanitarian law; took note of the efforts of the Government aimed at ensuring that established legal safeguards for human rights and international human rights standards were fully respected; invited it to take more measures in the judicial sphere to put an end to impunity; and expressed its deep concern at such serious violations of human rights as reported massacres, enforced or involuntary disappearances, and arbitrary arrests and detention;

-- urged governments to refrain from all acts of intimidation or reprisal against those who sought cooperation with representatives of United Nations human rights bodies; requested representatives of United Nations human rights bodies and treaty bodies to continue to take urgent steps to prevent hampering of access to human rights procedures and to help prevent occurrence of intimidation or reprisals; and requested them to report on allegations of

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intimidation or reprisals to the Commission or to the Subcommission on Prevention of Discrimination and Protection of Minorities;

-- expressed its deep concern at continued serious human rights violations in Sudan, including summary executions, extrajudicial killings, arbitrary arrests, detention without due process, enforced or involuntary disappearances, violations of the rights of women and children, slavery and slavery-like practices, forced displacement of persons and systematic torture, and denial of the freedom of religion, expression, association and peaceful assembly, and emphasized that it was essential to put an end to violations of human rights in Sudan; urged the Government to release all remaining political detainees, cease all acts of torture and cruel, inhuman or degrading punishment, and close down all clandestine detention centres; and urged it to investigate reports that its policies and activities supported, condoned, encouraged or fostered the abduction, sale of or trafficking in children, and that it subjected children to forced internment, indoctrination or other cruel, inhumane or degrading treatment or punishment. It decided to extend the mandate of the Special Rapporteur on Sudan for an additional year;

-- strongly condemned extrajudicial, summary or arbitrary executions; noted that impunity continued to be a major cause of the perpetuation of such human rights violations; called upon the governments of all States in which the death penalty had not been abolished to comply with their obligations under international human rights instruments, keeping in mind the safeguards and guarantees set out; and decided to extend the mandate of the Special Rapporteur for three years;

-- encouraged the Government of Rwanda to make further efforts to build a State based on the guarantee of respect for human rights and fundamental freedoms; reiterated its strong condemnation of the crime of genocide, crimes against humanity and all other violations of human rights perpetrated in Rwanda and expressed its concern at the continuation of human rights in Rwanda; strongly condemned continuing violence and genocidal activities perpetrated in Rwanda by former members of the Rwandan armed forces, Interahamwe and other insurgent groups; expressed concern that perpetrators of the genocide and other gross violations of human rights continued to evade justice; commended the Special Representative for his work and decided to extend his mandate for a further year;

-- noted with deep concern the ongoing deterioration of the situation in Afghanistan, the continuing and substantiated reports of violations of the rights of women and girls, particularly in areas under the control of the Taliban, and reports of mass killings and atrocities committed by combatants against civilian populations and prisoners of war; condemned widespread human rights violations, frequent arbitrary arrest and detention and summary trials which had resulted in summary executions; and decided to extend the mandate of the Special Rapporteur for a further year;

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-- called on the Government of Equatorial Guinea to take appropriate measures to avoid any form of discrimination against ethnic groups; encouraged the Government to continue its efforts to promote and protect human rights and fundamental freedoms as contained in its programme of priorities in the fields of democracy, human rights and governance, in particular to take necessary measures to avoid acts of torture and cruel, inhuman or degrading treatment or punishment and continue its efforts to investigate and impose criminal and disciplinary penalties on those responsible for the violation of human rights; requested the Office of the High Commissioner for Human Rights and the Special Rapporteur to continue their technical assistance programme in partnership with the Government; and decided to renew the mandate of the Special Rapporteur for one year;

-- stressed the need to focus international human rights efforts in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) on the core problems of lack of full respect for such rights of all individuals, return of refugees and displaced persons in safety and dignity, capacity-building in rule of law and administration of justice, lack of respect for freedom and independence of the media, and inadequate cooperation with the International Criminal Tribunal for the Former Yugoslavia. In the case of Bosnia and Herzegovina, the Commission, among other things, called on the Government to complete the reform and restructuring of local police forces; to reverse the effects of "ethnic cleansing", and to allow freedom of movement and the return of refugees and displaced persons to their places of origin. In the case of the Republic of Croatia, the Commission, among other things, called upon the Government to undertake greater efforts to adhere to democratic principles; to respect the human rights, including the property rights, of all, including in particular returning displaced persons and refugees, including ethnic Serbs; to put an end to harassment of displaced Serbs and to put an end to the involvement by Croatian military and police officials in such incidents. In the case of the Federal Republic of Yugoslavia (Serbia and Montenegro), the Commission, among other things, regretted that the Government had complied only partially with the recommendations of the Chairman in Office of the Organization for Security and Cooperation in Europe regarding fostering democracy and the rule of law; also regretted the express refusal of the Government to allow a visit by the Special Rapporteur on extrajudicial, summary, or arbitrary executions and called upon it to comply with the recommendations contained his reports; insisted that the Government take immediate action to put an end to continuing repression of and prevent violence against the ethnic Albanian population, as well as other communities living in Kosovo. On the subject of the International Criminal Tribunal for the Former Yugoslavia, the Commission noted that the large majority of those indicted, including Radovan Karadzic and Ratko Mladic, appeared to be living in the Republika Srpska or the Federal Republic of Yugoslavia. On the subject of missing persons, the Commission called, among other things, upon the Government of the Republic of Croatia to turn over all relevant material on missing persons, and specifically to

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transfer relevant documentation on its actions. The Commission decided to extend the mandate of the Special Rapporteur for a further year;

-- welcomed the stated commitment of the Government of Iran to encourage respect for the rule of law and its emphasis on the development of a society in which human rights were fully respected; welcomed improvements in the area of freedom of expression; expressed concern that despite this progress, human rights continued to be violated in Iran; called on the Government to take all necessary steps to end the use of torture and the practice of amputation, stoning and other forms of cruel, inhuman and degrading punishment, and to provide satisfactory written assurances that it does not support or incite threats to the life of Salman Rushdie; and decided to extend the mandate of the Special Rapporteur for a further year;

-- and expressed deep concern, in a Chairman's statement, on the situation in Kosovo and deplored the deaths of a large number of civilians, including women, children and the elderly. It called on authorities in Belgrade to ensure international standards of human rights in Kosovo and said government authorities had a clear duty to protect the rights of all citizens and to ensure that public security forces acted with restraint and in full respect for internationally agreed norms and standards; and called on authorities in Belgrade to permit independent investigation into allegations of extrajudicial killings and, if these allegations were borne out, to prosecute and punish those responsible.

The Commission also decided to retain on its agenda the item entitled "Question of human rights in Cyprus" and to give it due consideration at its fifty-fifth session.

Indigenous Issues

Under its agenda item on indigenous issues, the Commission:

-- urged the Working Group on Indigenous Populations of the Subcommission on Prevention of Discrimination and Protection of Minorities to continue its comprehensive review of developments and welcomed its plans to give priority at its next session to the theme of education and language; and invited United Nations financial and development institutions to give increased priority and resources to improving the conditions of indigenous people;

-- welcomed the decisions of the Economic and Social Council approving the participation of organizations of indigenous people in the work of the Working Group of the Commission to elaborate a draft declaration on the rights of indigenous people; and encouraged organizations of indigenous people which had not already registered to participate and which wished to do so to apply for authorization;

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-- decided to establish an open-ended inter-sessional ad hoc working group from within existing overall United Nations resources, to elaborate and consider further proposals for the possible establishment of a permanent forum for indigenous people in the United Nations system;

-- and requested the United Nations High Commissioner for Human Rights to organize a seminar on the draft principles and guidelines for the protection of the heritage of indigenous people.

Rights of Prisoners, Detainees; Prevention of Torture

Following consideration of the question of the rights of detainees, the Commission:

-- warmly welcomed the progress made by the working group on the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which would establish a system of inspection visits to places of detention around the world; and 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;

-- 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 the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers and the frequency and gravity of violations of human rights; and encouraged governments which faced difficulties in guaranteeing the independence of judges and lawyers to consult and consider the services of the Special Rapporteur;

-- 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 to deal with human rights and forensic science;

-- expressed grave concern at the recent increase in attacks and the use of force against United Nations staff and other personnel acting under the authority of United Nations operations, as well as personnel of international humanitarian organizations, including murder, physical and psychological threats, and hostage taking; and called upon States to respect their rights 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;

-- called upon governments to fully prohibit torture and other cruel, inhuman or degrading treatment or punishment; reminded them that corporal punishment could amount to cruel, inhuman or degrading punishment or even

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torture; stressed that all allegations of torture should be promptly and impartially examined; 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; and that national legal systems should ensure that the victims of such acts obtained redress and were awarded fair and adequate compensation and received appropriate rehabilitation; stressed that under the Convention, acts of torture must be made an offense under domestic criminal law; and decided to extend for three years the mandate of the Special Rapporteur on torture;

-- urged States to take appropriate steps to ensure human rights in the administration of justice, in particular of children and juveniles in detention, and 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;

-- 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; and decided to renew for a period of three years the mandate of the working group made up of five independent experts;

-- encouraged all governments to invite the working group on arbitrary detention to visit their countries in order that it may fulfil its mandate even more effectively;

-- 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 the rights to freedom of opinion and expression; 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;

-- called once more upon the international community to give due attention to the right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms; and requested the appointment of an independent expert;

-- and condemned all acts of hostage taking anywhere in the world, demanding that all hostages be released immediately without preconditions.

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Realization of Economic, Social, Cultural Rights

Debate on the realization of economic, social and cultural rights led the Commission to adopt texts according to which it:

-- 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; 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; and invited the Committee on 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;

-- stressed the importance of continuing to implement actions for alleviating the debt and debt-service burdens of developing countries with debt problems; affirmed that the permanent solution to the 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, 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; 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;

-- reiterated that the existence of widespread absolute poverty inhibited the full and effective enjoyment of human rights, including the right to development, and rendered democracy and popular participation fragile; affirmed that the gap between developed and developing countries remained unacceptably wide and developing countries continued to face difficulties participating in economic globalization and many risked being marginalized and effectively excluded from its benefits; decided to recommend to the Economic and Social Council the establishment of a follow-up mechanism on the subject, initially for a period of three years, consisting of establishment of an open-ended working group with a mandate to monitor and review progress, review reports and other information, and present a sessional report to the Commission; and the appointment by the Chairman of the Commission of an independent expert to present to the working group a study on the current state of progress in implementation of the right to development;

-- reaffirmed that it was essential for States to foster participation by the poorest people in the decision-making processes in their communities; recalled that a better understanding was needed of what was endured by people

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living in extreme poverty; 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; decided to appoint for a period of two years an independent expert on the question of human rights and extreme poverty;

-- reaffirmed that freedom from fear and want could only be achieved if conditions were created whereby everyone could enjoy economic, social and cultural rights; that all persons in all countries were entitled to realization of 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 decided to appoint, for a three-year period, a Special Rapporteur to focus on the right to education;

-- called upon all States to refrain from adopting or implementing unilateral measures not in accordance with international law and the Charter of the United Nations, in particular those of a coercive nature with extraterritorial effects, which created obstacles to trade relations among States, thus impeding the full realization of internationally accepted human rights; rejected the application of unilateral coercive measures as tools for political or economic pressure against any country, particularly against developing countries, because of their negative effects on vast sectors of their populations;

-- categorically condemned the increased rate of illicit movement and dumping of toxic and dangerous products and wastes and their adverse effect on the enjoyment of human rights; urged all governments to take appropriate measures to preventing such illegal movement and dumping of wastes; and decided to renew the mandate of the Special Rapporteur for a period of three years in order that she might continue to undertake a global multidisciplinary and comprehensive study of existing problems of, and solutions to, illicit traffic in and dumping of toxic and dangerous products and wastes, in particular in developing countries, with a view to making concrete recommendations and proposals on adequate measures to control, reduce and eradicate these phenomena;

-- and decided to authorize its open-ended working group on the effects of structural adjustment policies on the full enjoyment of human rights to meet for one week, at least four weeks before the fifty-fifth session of the Commission, to consider the report of the independent expert and the comments received therein and to report to the Commission.

Human Rights in Occupied Arab Territories, Including Palestine

Following consideration of the situation of human rights in the occupied Arab territories, including Palestine, the Commission:

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-- condemned the continued violations of human rights in the occupied Arab territories, in particular the continuation of acts of wounding and killing, detention of thousands of Palestinians without trial, the confiscation of Palestinian lands and the extension and establishment of Israeli settlements therein; reaffirmed that all Israeli settlements in the Palestinian territories occupied since 1967 were illegal and should be dismantled; condemned the use of torture against Palestinians during interrogation; called upon Israel to cease immediately its policy of enforcing collective punishments; and called upon Israel to withdraw from the Palestinian territories, including East Jerusalem, and other Arab territories in accordance with United Nations resolutions;

-- called upon Israel to cease illegal imposition of its laws, jurisdiction and administration which affected human rights in the occupied Syrian Golan and to desist from changing the physical character, demographic composition, institutional structure and legal status of the Golan; emphasized that displaced persons of the region must be allowed to return to their homes and recover their properties; and called upon Member States not to recognize any of the legislative or administrative measures and actions taken in these cases by Israel;

-- and expressed grave concern at expansion of the Israeli settlements in the occupied Arab territories, installation of settlers, expropriation of land, demolition of houses, confiscation of property, expulsion of local residents, and construction of bypass roads which changed the physical character and demographic composition of the territories, and recognized that such acts were illegal. It further strongly condemned all acts of terrorism, calling upon all parties not to allow any acts of terrorism to affect the ongoing peace process negatively.

Right of Peoples to Self-Determination

Under its agenda item on the right of peoples to self-determination, the Commission:

-- reaffirmed the right of the Palestinian people to self-determination without external interference, in a resolution on the situation in occupied Palestine; and called upon Israel to comply with its international and United Nations obligations and to withdraw from the Palestinian territories, including East Jerusalem, and other occupied Arab lands, which it had occupied since 1967 by military force;

-- urged Morocco and the Popular Front to implement fully and faithfully their agreements reached during direct negotiations for a settlement plan on the question of the Western Sahara; and reiterated its support for a referendum for self-determination for the people of Western Sahara;

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-- and urged all States to take the necessary steps and to exercise utmost vigilance against the menace posed by the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, and to take legislative measures to ensure that their territories and their nationals were not used for the recruitment, assembly, financing, training, and transit of mercenaries for activities designed to destabilize or overthrow the Government of any State or to threaten the territorial integrity and political unity of sovereign States. The mandate of the Special Rapporteur on the topic was renewed for three years.

Further Promotion, Encouragement of Human Rights

As it considered how to further promote human rights and fundamental freedoms, the Commission:

-- called upon Member States, intergovernmental organizations and specialized agencies to continue to carry out constructive dialogue and consultations for the enhancement of understanding and the promotion and protection of all human rights and fundamental freedoms, and encouraged non-governmental organizations to contribute actively to this endeavour;

-- and approved the text of the draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized rights and fundamental freedoms. The draft declaration, completed this year after more than a decade of work, enshrines the right of everyone, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. The draft also holds that each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms. The draft provides that everyone has the right to participate in peaceful activities against violations of human rights and fundamental freedoms.

The Commission also:

-- endorsed the conclusions of the sixth workshop on regional arrangements for the promotion and protection of human rights in the Asian and Pacific region; and commended the efforts of the Government of Iran as the host of the workshop;

-- urged all governments to contribute further to the plan of action of the United Nations Decade for Human Rights Education; and encouraged the Office of the United Nations High Commissioner for Human Rights to continue to support national capacities for such education;

-- considered that it was necessary for the Office of the High Commissioner for Human Rights to take urgent, concrete, and immediate action

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to change the composition of its staff in favour of a more equitable geographical distribution of posts;

-- reiterated unequivocal condemnation, in the context of human rights and terrorism, of all acts, methods and practices of terrorism, regardless of motivation; condemned incitement of ethnic hatred, violence and terrorism; called upon States to take all necessary measures, in strict conformity with international law, to prevent, combat and eliminate terrorism in all its forms and manifestations, wherever and by whomever committed;

-- reaffirmed, under the context of human rights and arbitrary deprivation of nationality, the importance of the right to a nationality of every human person; and recognized that arbitrary deprivation of nationality on racial, national, ethnic, religious or gender grounds was a violation of human rights;

-- encouraged all governments to cooperate with the Commission, under the human rights and thematic procedures, to respond without undue delay to requests for information;

-- emphasized the responsibility of all States and international organizations, under a resolution on human rights and mass exoduses, to cooperate with countries, particularly developing ones, affected by mass exoduses of refugees and displaced persons, and called on Governments and relevant United Nations agencies to continue to respond to the assistance needs of countries hosting large numbers of refugees until durable solutions were found;

-- encouraged the representative of the Secretary-General on the subject to continue his analysis of the causes of internally displaced persons, the needs of those displaced, measures of prevention, and ways to strengthen protection;

-- welcomed, in a resolution on integrating the human rights of women throughout the United Nations system, the cooperation and coordination between the Division for the Advancement of Women and the Office of the High Commissioner for Human Rights aimed at mainstreaming women's human rights; called for further strengthening of cooperation and coordination between the Commission on Human Rights and the Commission on the Status of Women and between the Office of the High Commissioner for Human Rights and the Division for the Advancement of Women, in order to more effectively promote women's human rights;

-- condemned all acts of gender-based violence against women and called for the elimination of violence against women in the family, within the general community and where perpetrated and/or condoned by the State, and emphasized the duty of governments to refrain from engaging in violence

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against women and to exercise due diligence to prevent, investigate and punish acts of violence against women; and condemned all violations of the human rights of women in situations of armed conflict;

-- recognized that, in a resolution on impunity, for victims of human rights violations, public knowledge of their suffering and the truth about perpetrators of these violations were essential steps towards rehabilitation and reconciliation, and urged States to intensify efforts to provide a fair and equitable process through which violations could be investigated and made public and to encourage victims to participate in it;

-- welcomed, in a resolution entitled "Towards a culture of peace", the General Assembly's proclamation of the year 2000 as the International Year for the Culture of Peace and urged States to promote such a culture;

-- encouraged Member States to establish or, where they already existed, to strengthen national institutions for the promotion and protection of human rights, as outlined in the Vienna Declaration and Programme of Action;

-- recommended to the Economic and Social Council under the context of freedom of movement and population transfer that the final report of Awn Al-Khasawneh, Special Rapporteur on human rights and population transfer, be published and widely disseminated;

-- and approved the appointment of Kalliopi Koufa as special rapporteur to conduct a study on terrorism and human rights.

Subcommission on Prevention of Discrimination

Regarding the work of its principal subsidiary body, the Subcommission on the Prevention of Discrimination and Prevention of Minorities, the Commission reaffirmed that the Subcommission could best serve it 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; welcomed further steps taken to reform and improve its methods of work; and invited it to continue its efforts to avoid duplication with the Commission's work. Further, the Commission:

-- decided to request that the Subcommission reconsider its recommendation to appoint a special rapporteur on human rights and scientific and technological developments;

-- recognized the important work on a study on the right to freedom of movement 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;

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-- recognized the desirability of identifying minimum humanitarian standards and the vital importance of the existence in each country of appropriate national legislation to that end; requested the Secretary-General, in coordination with the International Committee of the Red Cross (ICRC) to continue to study and consult on the issues identified for further clarification;

-- called upon governments to criminalize traffic in women and girls, to condemn and penalize all offenders, including intermediaries, and to ensure that the victims of such practices were not penalized; to take appropriate measures to address root factors, including external factors, that led to such trafficking; and to increase cooperation and concerted action;

-- called upon the Secretary-General to maintain the integrity of programmes within the United Nations system relating to the human rights of persons with disabilities, including the relevant voluntary fund; encouraged governments to support organizations active in the promotion and protection of the human rights of such persons; and welcomed increased international efforts with respect to anti-personnel mines;

-- decided, on the question of human rights and states of emergency, to request that the High Commissioner for Human Rights submit annually to the Commission an updated list of States which, since 1 January 1985, had proclaimed, extended or terminated a state of emergency;

-- and decided to request the Subcommission to reconsider its recommendation to appoint a Special Rapporteur on the question of the privatization of prisons.

Rights of Migrant Workers

Regarding the rights of migrant workers, the Commission:

-- expressed its deep concern at the growing manifestations of racism, xenophobia and other forms of discrimination and inhumane and degrading treatment against migrant workers in different parts of the world; urged countries of destination to review and adopt measures to prevent the excessive use of force and to ensure that their police forces and competent migration authorities complied with basic standards relating to the decent treatment of migrant workers and their families; and called upon Member States to consider the possibility of ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as a matter of priority;

-- acknowledged that the principles and standards embodied in the Universal Declaration of Human Rights applied to everyone, including migrants;

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and requested that States effectively promote and protect the human rights of all migrants;

-- and invited governments, particularly of sending and receiving countries, in the context of migrants and human rights, to undertake further research on the causes and consequences of violence against women migrant workers, including the causes of outflow of women migrant workers, and to develop appropriate national data-collection methodologies on the subject. It also encouraged the Committee on the Elimination of Racial Discrimination to consider developing a general recommendation on the situation of women migrant workers.

Elimination of Racial Discrimination

In a resolution on racism, racial discrimination, xenophobia and related intolerance, 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; 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; 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.

Status of Human Rights Covenants

Under its agenda item on the status of human rights covenants and their effective functioning, the Commission:

-- called on all States parties to the International Covenant on Civil and Political Rights that had not yet done so to consider acceding to or ratifying the Second Optional Protocol, aiming at abolition of the death penalty; and urged all States which still maintained the death penalty to comply fully with their obligations under the Covenant;

-- in the context of status of the international covenants on human rights, appealed strongly to all States which had not yet done so to become parties to the International Covenant on Economic, Social, and Cultural Rights and that on Civil and Political Rights, as well as to accede to the Optional Protocols to the Covenant on Civil and Political Rights and to make the declaration provided for in its article 41; and encouraged States to limit reservations lodged to the international covenants and to review such reservations regularly;

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-- on the fiftieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, reaffirmed the significance of the Convention; invited States that had not yet ratified or acceded to it to consider doing so; and called upon all States to increase and intensify their activities aimed at full implementation of the Convention's provisions;

-- and, on the effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights, 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 the 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.

Rights of Minorities

Under the terms of a resolution on the rights of persons belonging to national, ethnic, religious and linguistic minorities, the Commission urged States and the international community to promote and protect their rights, including through the participation of such persons in all aspects of the political, economic, social, religious and cultural life of society and in the economic progress and development of the country; and called upon the High Commissioner for Human Rights to promote implementation of the relevant Declaration and to engage in a dialogue with governments for that purpose.

In a resolution on tolerance and pluralism as individual elements in the promotion and protection of human rights, the Commission called on States to protect effectively the human rights of all persons belonging to national, ethnic, religious and linguistic minorities without any discrimination and in full equality before the law; to take steps to counter all manifestations of hatred, intolerance and acts of violence; and to promote and enhance tolerance; and to promote a culture conducive to human rights, fundamental freedoms and tolerance.

Advisory Services in Human Rights

After consideration of the United Nations programme of advisory services in the field of human rights, the Commission took Guatemala off its agenda after 19 years of consideration. It recommended that the Government ratify all international standards for the protection of human rights and establish all necessary mechanisms for active participation in their application. It also encouraged the Government to expedite and intensify the provision of assistance and services to the most vulnerable sectors of the population.

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Through a Chairman's statement, the Commission welcomed the renewal of the agreement between the Government of Colombia and the United Nations High Commissioner for Human Rights extending the mandate of the permanent office in Bogota until 30 April 1999. However, it expressed deep concern at the gravity and scale of the violations of human rights and breaches of international humanitarian law reported to the office in Bogota. It was also deeply concerned at the growing and harmful contribution of paramilitary groups to the increasingly violent situation in much of Colombia; and remained concerned at the unacceptable level of impunity, in particular concerning abuses by State agents, which continued to fall under the jurisdiction of military courts.

The Commission further:

-- reaffirmed that advisory services, technical cooperation and the United Nations voluntary fund for technical cooperation in the field of human rights required close cooperation and coordination between United Nations bodies and all specialized agencies active in this field so as to enhance the effectiveness and efficiency of their respective programmes and to promote all human rights, the rule of law and democracy;

-- called upon the authorities of Haiti to mobilize political will for the pursuit of reform and for the strengthening of the judicial system and improvement of the country's prisons; drew attention to the need for the Haitian National Police to continue receiving technical training; and invited the international community, including the Bretton Woods institutions, to continue their involvement in the reconstruction and development of Haiti;

-- expressed deep concern at reports of arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment and violence, in particular against women and children, and at the absence of an effective judicial system in Somalia; and strongly urged all parties to respect human rights and international humanitarian law pertaining to internal armed conflict;

-- and expressed grave concern about numerous instances of violations of human rights, including extrajudicial executions, torture including rape, illegal arrests, and detention and violence in relation to political activities, and called upon the Government of Cambodia to investigate urgently and prosecute all those who had perpetrated human rights violations; expressed grave concern at the situation of impunity in Cambodia; and urged the Government to take concrete action to combat child prostitution and trafficking.

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Elimination of Religious Intolerance

Under a resolution on implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, the Commission condemned all such intolerance and discrimination; urged States to ensure adequate constitutional and legal protection, to ensure that no one was deprived of life, liberty or security of person based on such intolerance or discrimination, or was subjected to torture or arbitrary arrest and detention, and to take all necessary action to combat all such discrimination and intolerance, including violation of the rights of women; and urged States to recognize the right of all persons to worship or assemble in connection with a religion or belief and to establish and maintain places for these purposes.

Children's Rights

Following discussions on the rights of the child, the Commission:

-- called upon all States to take all necessary measures and to institute legal reforms to ensure the full and equal enjoyment by girls of all human rights and fundamental freedoms, and to take effective action against violations of those rights and freedoms; to develop urgently, implement and enforce measures to eliminate the sale, traffic, abduction and sexual exploitation or abuse of children, including through child sex tourism; to criminalize commercial and all other forms of sexual exploitation and sexual abuse of children, including child sex tourism and to prosecute offenders; to consider acceding to relevant international human rights and humanitarian law instruments and urged them to implement those instruments to which they were parties; to participate constructively in the negotiations on an optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; to protect refugee and internally displaced children; to consider ratifying the conventions of the International Labour Organisation relating to child labour; to guarantee respect for all human rights and fundamental freedoms, particularly the right to life; to take urgent and effective measures to prevent the killing of children working and/or living on the street; and to adopt all necessary measures to ensure the full enjoyment in equal conditions of all human rights and fundamental freedoms by children with disabilities.

-- condemned in the strongest terms all parties involved in the abduction, torture, killing, rape, enslavement and forceful recruitment of children in northern Uganda, particularly by the Lord's Resistance Army; and demanded the immediate cessation of abductions and attacks on civilian populations.

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Follow-Up to World Conference on Human Rights

Under a resolution on the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action, the Commission reaffirmed the importance of the promotion of universal respect for and observance and protection of all human rights and fundamental freedoms in accordance with the Charter of the United Nations, as expressed in the Vienna Declaration and Programme of Action; and called upon all States to take further action with a view to the full realization of all human rights for all.

Conscientious Objection to Military Service

In a resolution on conscientious objection to military service, the Commission drew attention to the right of everyone to have conscientious objections to military service as a legitimate exercise of the right to freedom of thought, conscience and religion; welcomed the fact that some States accepted claims of conscientious objection as valid without inquiry; and called upon States that did not have such a system to establish independent and impartial decision-making bodies with the task of determining whether a conscientious objection was genuinely held in a specific case.

Organization of Work

As it considered the organization of its work, the Commission:

-- expressed concern that with the resources currently available from the United Nations regular budget, the High Commissioner would not be in a position to fulfil the full range of established and new mandates; and appealed for sufficient regular budget resources for the current and future bienniums;

-- decided to appoint the Commission bureau to facilitate the review of the bodies and mechanisms of the Commission, with a view to making recommendations to the fifty-fifth session of the Commission;

-- and approved its provisional agenda for next year's session, including inclusion of an item on the human rights of women, an item for reviewing implementation of the draft declaration on human rights defenders, and an item on annual review of its work and agenda.

Commission Bureau

The Chairman of the fifty-fourth session was Jacob Selebi of South Africa. The Vice-Chairmen were Iftekhar Ahmed Chowdhury (Bangladesh); Luis Gallegos Chiriboga (Ecuador); and Ross Hynes (Canada). Roman Kuzniar (Poland) was Rapporteur.

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Composition of Commission

The composition of the Commission for 1998 was as follows: 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, Germany, Guatemala, Guinea, India, Indonesia, Ireland, Italy, Japan, Luxembourg, Madagascar, Malaysia, Mali, Mexico, Morocco, Mozambique, Nepal, Pakistan, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Rwanda, Senegal, South Africa, Sri Lanka, Sudan, Tunisia, Uganda, Ukraine, United Kingdom, United States, Uruguay and Venezuela.

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