ECONOMIC AND SOCIAL COUNCIL ADOPTS 52 TEXTS ON HUMAN RIGHTS, ECONOMIC AND ENVIRONMENT, COORDINATION
Press Release
ECOSOC/5795
ECONOMIC AND SOCIAL COUNCIL ADOPTS 52 TEXTS ON HUMAN RIGHTS, ECONOMIC AND ENVIRONMENT, COORDINATION
19980730 Eight Adopted by Recorded VoteThe Economic and Social Council this morning adopted, by recorded votes, seven draft texts submitted by the Commission on Human Rights and one relating to decolonization.
By those texts, the Council:
-- by a vote of 23 in favour to none against, with 22 abstentions, approved the appointment of Kalliopi Koufa as a special rapporteur to conduct a comprehensive study on terrorism and human rights. (See Annex VII for voting details.)
-- by a vote of 22 in favour to 19 against, with 7 abstentions (Argentina, Brazil, Chile, El Salvador, Mexico Nicaragua, Republic of Korea), endorsed the Commission's decision to appoint a special rapporteur on the effects of foreign debt on the full enjoyment of economic, social and cultural rights (Annex III);
-- by a vote of 26 in favour to 13 against, with 7 abstentions (Belarus, Czech Republic, France, Latvia, New Zealand, Republic of Korea and Romania), extended the mandate of the Special Rapporteur on the question of the use of mercenaries for three years. It decided that the adverse effects of mercenary activities on the right of peoples to self-determination would be publicised as a matter of priority, and asked the Office of the United Nations High Commissioner for Human Rights to render advisory services, when requested, to States affected by the activities of mercenaries (Annex I);
-- by a vote of 26 in favour to 20 against, with 2 abstentions (Latvia, Republic of Korea), renewed for three years, the mandate of the Special Rapporteur on the adverse effects of illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights. That would enable her to continue her comprehensive study of the issue (Annex II);
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-- by a vote of 27 in favour to none against, with 18 abstentions, extended the mandate of the special rapporteur on the situation of human rights in Iraq for a further year. (Annex IV).
-- by a vote of 25 votes in favour to 8 against (Bangladesh, China, Cuba, India, Jordan, Oman, Pakistan, Viet Nam), with 11 abstentions, extended for a further year the mandate of the Special Representative of the Commission on Human Rights on the situation of human rights in Iran (Annex V);
-- by a vote of 28 in favour to 18 against, with 1 abstention (Poland), authorized the open-ended working group on structural adjustment programmes and economic, social and cultural rights to meet for one week to consider the report of an independent expert on the subject. (Annex VI); and
-- by a vote of 24 in favour to none against, with 19 abstentions, recommended that all States intensify efforts in the specialized agencies and other United Nations organizations to ensure the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (Annex VIII).
Also this morning, the Council adopted, all without a vote, 37 other draft texts of the Commission on Human Rights as well as six draft texts under the agenda items on coordination, programme and other questions, and on economic and enviromnental questions. The Council also took note of the report of the Commission on Narcotic Drugs and postponed action on draft texts contained in the report of the Committee on Economic, Social and Cultural Rights on its sixteenth and seventeenth session. A draft resolution on the International Research and Training Institute for the Advancement of Women (INSTRAW) was introduced by the representative of Indonesia on behalf of the "Group of 77" developing countries and China.
By the six texts under the times on coordination, and on economic and environmental questions, the Council:
-- recommended that the General Assembly proclaim the year 2002 as the international year of ecotourism;
-- requested that the Assembly adopt a programme of action for the International Year of Peace, 2000;
-- urged the adoption of a legally binding instrument for the application of the prior consent procedure for certain hazardous chemicals and pesticides in international trade at the diplomatic conference in Rotterdam, the Netherlands, on 10 and 11 September.
-- urged international development partners, in collaboration with private industry, to intensify their efforts to develop and widely distribute vaccines and other remedies against malaria and diarrhoeal diseases, including cholera.
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-- postponed consideration of the graduation of Vanuatu from the list of least developed countries until a report requested of the Committtee for Development Planning has been submitted to the Council; and
-- decided to undertake substantive discussions of the report of the Secretary-General on the causes of conflict and the promotion of durable peace and sustainable development in Africa at its 1999 substantive session.
In adopting the 37 other draft texts of the Commission on Human Rights, the Council, among others:
-- endorsed the Commission's decision to appoint an independent expert for two years on the question of human rights and extreme poverty, and a special rapporteur on the right to education for three years;
-- extended the mandates for a further year of the special rapporteurs of the situation of human rights in the Democratic Republic of the Congo; Myanmar; Nigeria; Sudan; Rwanda; Afghanistan; Equatorial Guinea; Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia; and Burundi; and
-- approved the request for the Secretary-General to examine the request by the Cambodian authorities for assistance in responding to past serious violations of Cambodian and international law.
Statements were made by the representatives of Jordan, Japan, Democratic Republic of the Congo, Singapore, India, Cuba, Guyana, Lebanon, Rwanda, Iraq, United States, Russian Federation, Iran, Turkey, Austria, Canada, Mexico, Philippines and Vanuatu.
The Deputy Director, New York Office of the Office of the United Nations High Commissioner for Human Rights, Elsa Stamatopoulou also made a statement.
The Council will meet at 10 a.m. tomorrow, 31 July, to take action on the remaining draft texts and to conclude its general segment.
Council Work Programme
The Economic and Social Council met this morning to consider reports and draft texts on social and human rights questions including the advancement of women; narcotic drugs; implementation of the programme of action for the Third Decade to Combat Racism and Racial Discrimination; and human rights. It was expected to consider relevant reports and take action on related draft proposals.
Under the item coordination, programme and other questions, the Council was expected to act on two draft resolutions -- on malaria and diarrhoeal diseases (document E/1998/L.30), in particular cholera, and on the International Year for the Culture of Peace, 2000 (document E/1998/L.31). (For details, see Press Release ECOSOC/5793 of 28 July.)
On economic and environmental questions, the Council was expected to act on three draft texts -- the status of Vanuatu as a least developed country (document E/1998/L.27), proclaiming the year 2002 as ecotourism year (document E/1998/L.28), and on protection against products harmful to health and the environment (document E/1998/L.34). (For information on the status of Vanuatu and ecotourism year, see Press Releases ECOSOC/5791 of 27 July and ECOSOC/5793 of 28 July, respectively.)
The Council had before it the statement of the Inter-Parliamentary Union (IPU) on social and human rights questions (document E/1998/NGO/4), circulated by the Secretary-General in accordance with Council resolution 1996/31. At its ninety-eighty statutory Conference in Cairo last September, the IPU called on parliaments to ensure, among others things, that international and regional human rights treaties are ratified or acceded to, that enabling legislation is enacted and that national institutions for human rights are established or operated according to human rights norms.
Also before it was a note by the Secretary-General transmitting the general comments of the Human Rights Committee on issues relating to the continuity of obligations to the International Covenant on Civil and Political Rights (document E/1998/74). According to the note, the Covenant does not contain any provision regarding its termination and does not provide for denunciation or withdrawal. The Committee is therefore of the view that international law does not permit a State which has ratified, acceded or succeeded to the Covenant to denounce it or withdraw from it.
The Report of the United Nations High Commissioner for Human Rights (document E/1998/84) states that the fiftieth anniversary of the Universal Declaration on Human Rights has allowed the international community to reflect on the achievements and shortcomings of the past 50 years in its efforts to promote and protect human rights. The anniversary's motto, "All human rights
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for All", highlights the need for a reinvigourated commitment to working for a better balance between the protection and promotion of the whole range of human rights -- civil, political, economic, social and cultural -- and advancing the right to development.
It says that the Commission on Human Rights held a special interactive dialogue on gender and the human rights of women during its fifty-fourth session, aimed at bringing closer together its own work and that of the Commission on the Status of Women.
Mainstreaming human rights throughout the United Nations system continues to be a priority, according to the report. Increasingly close relationships are being established with the agencies and programmes of the system directly and through the work of the Executive Committees and the Senior Management Group.
The report concludes that recent developments in the human rights programme affirm that the programme is a dynamic one, with many new areas of concern and many new demands on its limited resources.
The Council had before it a report giving an update on the legal challenge brought against the Special Rapporteur on the Independence of Judges and Lawyers of the Commission on Human Rights (document E/1998/94). The report provides background information on legal challenges brought against the Special Rapporteur, Dato' Param Cumaraswamy, by several Malaysian companies. The companies have charges in Malaysian civil court that they were defamed by public statements of the Special Rapporteur and have requested some $12 million in damages.
Despite several communications between the United Nations and the Malaysian Government, a common interpretation of the applicability of the Convention on the Privileges and Immunities of the United Nations to the case of the Special Rapporteur has still not been reached, the report notes. As the Organization and the Government of Malaysia agree that a difference has arisen between them out of the interpretation or application of the Convention, they have agreed that the difference should be referred to the International Court of Justice. An advisory opinion from the World Court has been requested and pending receipt of that opinion, which shall be accepted as decisive by the parties, the Government of Malaysia is called upon to ensure that all judgements and proceedings in this matter in the Malaysian courts are stayed.
Social and Human Rights Questions
ESTI ANDAYANI (Indonesia) on behalf of the "Group of 77" developing countries and China, introduced a draft resolution on the International
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Research and Training Institute for the Advancement of Women (document E/1998/L.36).
By the terms of the draft, the Council would stress the importance of strengthening independent research, training and compilation of related databases, which were crucial elements for mainstreaming a gender perspective into policy, planning and implementation. It would call upon regional commissions, specialized agencies and other organizations and bodies of the United Nations system, to coordinate fully with the Institute and to give support to it, particularly in the programming and implementation of joint activities.
The Council then adopted a draft decision contained in the report of the Commission on Narcotic Drugs (document E./1998/28), by which it took note of that report.
ELSA STAMATOPOULOU, Deputy Director, New York Office of the Office of the United Nations High Commissioner for Human Rights, introduced both the report of the Secretary-General on the implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination (document E/1998/51) and the report of the High Commissioner to the Council (document E/1998/84.)
On the report on the Programme of Action, she said the Commission on Human Rights once again regretted the continued lack of interest and financial resources for the programme. The Commission also noted that very few of the activities planned for the period 1994-1995 had been carried out. It had concluded that the financing of the Programme of Action for the Third Decade was inadequate and had suggested that the General Assembly consider other ways to finance it, including through the regular budget.
In connection with the World Conference on Racism and Racial Discrimination, Xenophobia and Related Intolerance, she said the Commission had decided to create an open-ended working group of the Commission to meet at its next session to formulate proposals for its preparation. It had recommended that the High Commissioner for Human Rights be designated by the General Assembly as the Secretary-General of the Conference.
On the report of the High Commissioner for Human Rights, she said the fifty-fourth session of the Commission had taken an important step in adopting a draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms. Its adoption by the General Assembly during its upcoming session would be a most fitting contribution to the anniversary year of the Universal Declaration of Human Rights.
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FARIS AMMARIN (Jordan), speaking on behalf of 51 delegations, said they would like to place on record their disassociation from the Commission on Human Rights resolution 1998/8 on the question of the death penalty, as contained in the Commission's report. Capital punishment had often been characterized as a human rights issue in the context of the right of the convicted prisoner to life. However, that must be weighed against the rights of the victims and the right of the community to live in peace and security. The question of whether to retain or abolish the death penalty should be carefully studied by each State. It was inappropriate to make universal decision on the question or to propose such action in the forum of an international organization.
TAKESHI KAMITANI (Japan) said his country's modest contribution to the Trust Fund for the Programme of Action for the Third Decade was the only income for the Fund in 1996 and in 1997. Only Japan and Turkey had contributed to the Fund this year. Resources were needed to continue the implementation of the Programme of Action and for preparations for the World Conference to be held not later than the year 2001. He appealed to Member States to contribute to the Fund.
KAREN TAN (Singapore), speaking on the death penalty, said the Commission's resolution did not adequately reflect the views of all countries on the subject. Support for the resolution on the death penalty had declined over the years. The resolution was unbalanced and departed from international norms on the death penalty. The right to life of convicted persons had to be balanced against the rights of victims. It was highly inappropriate for some States to impose their value systems on others. They must respect the views of States that wished to retain capital punishment in their legal systems.
She said the draft resolution on conscientious objection to military service went beyond what was prescribed under international law. National defence was a fundamental sovereign right and the right of States to preserve their national security must prevail.
GAUTAM MUKHOPADHAYA (India) shared the views expressed by the representative of Jordan. The death penalty was imposed in rare cases in India. Justification had to be made by a presiding judge.
BENITEZ VERSON (Cuba) asked whether some of the draft recommendations of the Commission on Human Rights had financial implications. Cuba deplored the absence of documentation on the Commission's session, noting that the Council had faced similar problems in 1996. Delegations were faced with having to take action on texts without the accompanying official documents.
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Ms. STAMATOPOULOU, of the High Commissioner for Human Rights' New York Office, said there was no budgetary implications in the drafts referred to by the representative of Cuba.
GEROGE TALBOT (Guyana) expressed support for the statements by the representatives of Jordan and Singapore. His country rejected any attempt to impose values of others on it.
HICHAM HAMDAN (Lebanon) sought an explanation from the Secretariat on how delegations were expected to carry out their work without documentation.
PIERRE-EMMANUEL UBALIJORO (Rwanda) said his delegation was not satisfied with the response given by the representative of the High Commissioner.
Ms. STAMATOPOUPOU, of the High Commissioner's New York Office, said she would try to obtain responses from Geneva.
Action on Draft Texts of Commission on Human Rights
The Council then proceeded to take action on the 45 draft text embodied in an extract of the report of the Commission on Human Rights (document E/1998/L.24).
It took up section A, containing three draft resolutions recommended for action by the Council.
Draft resolution I would have the Council approve a declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms.
The Council adopted the draft resolution without a vote.
Draft resolution II would have the Council authorize that the working group which is elaborating a draft declaration on indigenous peoples meet for a period of 10 working days prior to the fifty-fifth session of the Commission, the costs of the meeting to be met from within existing resources.
The Council adopted the draft resolution without a vote.
Draft resolution III would have the Council authorize an open-ended working group of the Commission to meet for two weeks to continue or conclude the elaboration of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The draft resolution was adopted without a vote.
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The Council next proceeded to act on draft decisions among the proposals in the extract of the Commission's report.
Draft decision I would have the Council extend for three years the mandate of the Special Rapporteur on the question of the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination.
A recorded vote was requested.
The Council adopted the decision by a vote of 26 in favour to 13 against, with 7 abstentions (Belgium, Canada, Finland, Germany, Iceland, Italy, Japan). (See Annex I for voting details.)
The Council then took up draft decision II, by which it would renew for a period of three years the mandate of the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights.
A recorded vote was also requested.
By a vote of 26 in favour to 20 against, with 2 abstentions (Latvia, Republic of Korea), the Council adopted the draft decision.
The Council then adopted the following draft decisions, all without a vote:
-- Draft decision III, authorizing the Working Group on Indigenous Populations of the Subcommission on Prevention of Discrimination and Protection of Minorities and the International Decade of the World's Indigenous People to meet for five working days prior to the fiftieth session of the Sub-Commission.
-- Draft decision IV endorsing the Commission decision to reconvene the working group of intergovernmental experts on the human rights of migrants for two periods of five working days before the fifty-fifth session of the Commission.
-- Draft decision V, extending for three years the mandate of the Special Rapporteur appointed to examine incidents and governmental actions in all parts of the world that were incompatible with the provisions of the Decolonization Declaration. The Special Rapporteur was to recommend remedial measures on the implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
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-- Draft decision VI, extending the mandate of the working group on minorities of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to enable it hold one session annually.
-- Draft decision VII, establishing an open-ended inter-sessional ad hoc working group to elaborate and consider further proposals for the possible establishment of a permanent forum for indigenous people in the United Nations system.
-- Draft decision VIII, endorsing a proposal for the Consultation on the Right to Adequate Food to have a follow-up meeting in 1998 to pursue discussions on the content and means of implementing the rights related to adequate food in order to present the United Nations High Commissioner for Human Rights a full set of recommendations concerning her response to the request of the World Food Summit.
Next, the Council took up draft decision IX, by which it would endorse the Commission's decision 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.
A recorded vote was requested.
The Council adopted the draft decision by a vote of 22 in favour to 19 against, with 7 abstentions (Argentina, Brazil, Chile, El Salvador, Mexico, Nicaragua, Republic of Korea). (See Annex III.)
The Council then adopted the following draft decisions, all without a vote:
-- Draft decision X, endorsing the Commission's decision to appoint an independent expert on the question of human rights and extreme poverty.
-- Draft decision XI, approving the Commission's request for the Secretary-General to submit to the General Assembly a detailed report on the financial and personnel resources required for the implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination.
-- Draft decision XII, requesting the Secretary-General to provide adequate resources to the various human rights treaty bodies, as well as adequate administrative support and better access to technical expertise.
-- Draft decision XIII, authorizing the Commission to appoint a special rapporteur for three years to focus on the right to education as laid down in article 26 of the Universal Declaration of Human Rights.
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-- Draft decision XIV, endorsing the Commission's decision to extend the mandate of the special rapporteur on the question of torture and approving its request for the inclusion of the United Nations Voluntary Fund for Victims of Torture on an annual basis among the programmes for which funds are pledged.
-- Draft decision XV, renewing the mandate of the Working Group on Enforced or Involuntary Disappearances, comprising five independent experts, for three years.
-- Draft decision XVI, approving the appointment of an expert to prepare a revised version of the basic principles and guidelines elaborated by the former special rapporteur of the Subcommission on Prevention of Discrimination and Protection of Minorities, Theo van Boven, and to submit it to the Commission on Human Rights at its fifty-fifth session.
-- Draft decision XVII, extending the mandate of the representative of the Secretary-General on internally displaced persons for a further three years.
-- Draft decision XVIII, approving the Commission's request to the Secretary-General to, among other things, provide assistance for holding meetings of the Coordinating Committee created by national institutions for the promotion and protection of human rights during the sessions of the Commission.
-- Draft decision XIX, approving the Commission's request to the Secretary-General to assist the Government of Cambodia to ensure the protection of the human rights of its people.
-- Draft decision XX, extending the mandate of the special rapporteur on the situation of human rights in the Democratic Republic of the Congo for a further year. The rapporteur was to submit an interim report to the General Assembly, and to report to the Commission at its fifty-fifth session on the possibilities for the international community to assist the country with local capacity-building.
-- Draft decision XXI, endorsing the Commission's decision to extend the mandate of the special rapporteur on the situation of human rights in Myanmar for a further year.
-- Draft decision XXII, extending the mandate of the special rapporteur on the human rights situation in Nigeria for a further year.
The Council then proceeded to act on draft decision XXIII, by which it would endorse the Commission's decision to extend the mandate of the special rapporteur on the human rights situation in Iraq.
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A recorded vote was requested.
MOHAMMED A.M. AL-HUMAIMIDI (Iraq), speaking before the vote, said his delegation had attempted to contact the authors of the decision to find a balance between its elements. The authors, by refusing to discuss the issue, affirmed their political intentions, which had no relation to human rights. Their aim was to use the text to exert political pressure on his country. He wanted to know whether it would not have been better for the authors of the text to have spoken about the destructive effects of the economic blockade on Iraq. The text was part of a campaign against his country headed by the United States and the United Kingdom and served those countries' own political objectives.
SETH D. WINNICK (United States) said while Iraq was decrying the effects of relevant Security Council resolutions, they had also submitted requests to import $733 million worth of dinnerware.
The Council adopted the draft decision by a vote of 27 in favour to none against, with 18 abstentions. (See Annex IV for voting details.)
The Council adopted the following draft decisions without a vote:
-- Draft decision XXIV, endorsing the Commission's decision to extend the mandate of the special rapporteur on the human rights situation in the Sudan.
-- Draft decision XXV, extending the mandate of the special rapporteur on extrajudicial, summary or arbitrary executions for three years.
-- Draft decision XXVI, extending for a further year, the mandate of the special representative of the Commission on Human Rights on the situation of human rights in Rwanda. The representative was to make recommendations on how the human rights situation there could be improved and how the effective functioning of an independent national human rights commission could be created.
Draft decision XXVII, requesting the Secretary-General to give all necessary assistance to the special rapporteur on the human rights situation in Afghanistan and to the United Nations High Commissioner for Human Rights. That was to ensure a human rights presence in the context of the United Nations activities in Afghanistan, in order to provide advice and training in the field of human rights to all the Afghan parties, as well as to the intergovernmental and non-governmental organizations active in the field.
-- Draft decision XXVIII, renewing the mandate of the special rapporteur on the situation of human rights in Equatorial Guinea for a year. The
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rapporteur was to submit recommendations on technical assistance needs of the country in the field of human rights and democracy.
-- Draft decision XXIX, endorsing the Commission's recommendation of the urgent need for further progress to be made towards the realization of the right to development as elaborated in the Declaration on the Right to Development and for the establishment of a follow-up mechanism, initially for three years.
-- Draft decision XXX, approving the Commission's request to the Secretary-General to ensure the availability of resources for the effective implementation of all human rights thematic mandates.
Draft decision XXXI, endorsing the Commission's decisions among which was a request to the Secretary-General to ensure the provision of appropriate staff and facilities from the regular United Nations budget for the effective and expeditious performance of the functions of the Committee on the Rights of the Child.
-- Draft decision XXXII, renewing the mandate of the special rapporteur for a year and welcoming the appointment of a new special rapporteur on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia.
Speaking after the action, ALEXEY A. ROGOV (Russian Federation), commenting on the decision, said that there was no change in his country's position.
The Council next took up draft decision XXXIII by which it was to extend the mandate of the special representative of the Commission on the human rights situation in Iran for a further year. A recorded vote was requested. ESMAEIL AFSHAR (Iran), speaking before the vote, said that the international community had recognized the need to enhance cooperation based on dialogue and transparency. Iran had always showed its preparedness to cooperate with United Nations procedures on human rights. The Organization's machinery for that issue had endeavoured to build a constructive process to explore mutually accepted formulas. Iran's new Government had accorded high priority to the promotion and protection of those rights in accordance with Islamic law. At the fifty-fourth session of the Commission on Human Rights last April, his delegation undertook to work closely with the sponsors of the original text to achieve consensus. The selective approach employed, however, was a clear expression of a confrontational attitude that blocked the spirit of cooperation in all attempts. His delegation called on Member States to desist supporting the decision under consideration.
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HICHAM HAMDAN (Lebanon) said that his delegation reaffirmed its conviction that the international community had closely followed developments in Iran, especially with regard to the various accomplishments in the area of human rights. Lebanon found that the developments and commitments in Iran were encouraging. His delegation was not going to participate in the vote on that decision.
The Council then adopted the draft by a vote of 25 in favour to 8 against (Bangladesh, China, Cuba, India, Jordan, Oman, Pakistan and Viet Nam), with 11 abstentions. (See Annex V for voting details.)
The Council then adopted the following two drafts without a vote:
-- Draft decision XXXIV, extending the mandate of the Special Rapporteur on the human rights situation in Burundi for a year.
-- Draft decision XXXV, approving an appeal by the Commission for necessary steps to be taken, without delay, to secure for the Office of the United Nations High Commissioner for Human Rights and for the other relevant components of the Organization, regular budget resources for the current and future bienniums that would be sufficient to permit the effective fulfilment of the responsibilities and mandates established by Member States and commensurate with the importance assigned by the Charter of the United Nations to the promotion and protection of human rights.
The Council then took up draft decision XXXVI, authorizing the open- ended working group on structural adjustment programmes and economic, social and cultural rights to meet for a 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 thereon and to report to the Commission at its fifty-fifth session.
A recorded vote was requested.
The text was adopted by a recorded vote of 28 in favour to 18 against, with 1 abstention (Poland). (See Annex VI for voting details.)
The Council next took up draft decision XXXVII by which it would endorse recommendation for a seminar to be organized on the draft principles and guidelines for the protection of the heritage of indigenous people, and the participation of the Special Rapporteur, Erica-Irene A. Daes.
The draft was adopted without a vote.
The Council next took up draft decision XXXVIII by which the Council would approve the recommendation that the final report of the Special
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Rapporteur on freedom of movement and population transfer be published and disseminated widely.
AWN KHASANEH (Jordan) said his delegation objected to the use of the word "final" in the text of the report of the Special Rapporteur. His delegation recommended deletion of the word and of the report's reference number (E/CN.4/Sub.2/1997/23).
AHMET S. ARDA (Turkey) said his delegation understood that a corrigendum had been issued and it wanted to know whether corrections regarding accusations about his country, particularly with respect to Cyprus, had been included.
Mr. HAMDAN (Lebanon) said the word "final" would implicate the Special Rapporteur's report in its totality. His delegation supported Jordan's request to delete the word and the reference number for the report.
ENGLEBERT THEUERMANN (Austria) said a draft decision was correct as it stood and should not be changed.
ROSS HYNES (Canada) said the draft decision had been agreed to at the Commission's session.
Mr. HAMDAN (Lebanon) said the draft was affected by a simple error. Work was still being carried out by a member of the Commission, and it simply did not make sense the insert the word "final".
The President announced that action on the draft decision was being suspended until later.
The Council then proceeded to act on draft decision XXXIX by which it would approve the appointment of Kalliopi Koufa as Special Rapporteur to conduct a comprehensive study on terrorism and human rights.
A recorded vote was requested.
ROGELIO MARTINEZ-AGUILAR (Mexico) said his delegation would refrain from voting on the draft decision as the text did not contribute to matters relating to terrorism. Violations of human rights could only be the responsibility of States.
By a vote of 23 in favour to none against, with 22 abstentions, the Council adopted the draft decision.
The Council adopted the following three draft decisions without a vote:
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-- Draft decision XXXX, endorsing a decision of the Commission to request the Office of the United Nations High Commissioner for Human Rights to submit to the Sub-commission on Prevention of Discrimination and Protection of Minorities at its fifty-first session, and every second year thereafter, a list of States in which a state of emergency was proclaimed or was continued during the reporting period.
-- Draft decision XXXXI, approving the Commission's recommendation that its fifty-fifth session should be scheduled to take place from 15 March to 23 April 1999.
-- Draft decision XXXXII, authorizing if possible within existing financial resources, 30 fully serviced additional meetings, including summary records, in accordance with rules 29 and 31 of the rules of procedure of its functional commissions, the Commission's fifty-fifth session.
ROLDOLFO RYES RODRIGUEZ (Cuba) said for the first time in 17 years, the Council was able to get some rest from a sterile exercise based on political motives imposed on it by the United States. The decision to end the extraordinary procedure on the so-called human rights situation in Cuba and terminate the work of the Special Rapporteur was a conscious and thoughtful one. It was a way out from a selective, discriminatory and unjustified exercise. He reiterated that his country would not accept a reimposition of any procedure or discriminatory mechamism in the field of human rights.
Mr. THEUERMANN (Austria), speaking on behalf of the European Union, said the Union followed the human rights situation under review by the relevant bodies very closely. It was addressing the issue of the death penalty by strengthening its international activities and working towards a common policy. Wherever the death penalty was used, it would press for minimum enforcement. The Council adopted the draft decision without a vote. TOSHIYUKI TAKAHASHI (Japan) commending on draft decision 20 on the situation of human rights in the Democratic Republic of the Congo, said that his country, as a current member of the Security Council, regretted that the United Nations investigative team in the Democratic Republic of the Congo was not allowed to carry out its mission fully. It was unfortunate that the team had also withdrawn from that country before conclusion of its mission. Japan welcomed the announcement by the Government of the Democratic Republic of the Congo on 19 May, to place emphasis on the promotion of human rights, improving the judicial system, and the appointment of a minister responsible for human rights. His Government believed that democratization, good governance, respect for human rights and appropriate humanitarian measures for refugees would contribute to stable development. Japan was prepared to offer assistance to the Democratic Republic of the Congo in those areas.
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MR. WINNICK (United States) said the representative of Cuba had called into question the motives of the United States. The United States would continue to be concerned about repression in the western hemisphere's last dictatorship. For too long, the Cuban Government had made promises about freedom. The time for peaceful change was now.
ANWARUL KARIM CHOWDHURY (Bangladesh), Council Vice-President, invited the Council to consider the recommendations contained in the report of the Committee on Economic, Social and Cultural Rights on its sixteenth and seventeenth sessions. He recalled that action on the draft decisions recommended by the Committee at its sixteenth session had been postponed.
He said no action was necessary on draft decision IV on an Extraordinary additional session of the pre-sessional working group of the Committee as the dates for the requested meeting had long passed.
Mr. CHOWDHURY (Bangladesh), the Council Vice-President said some delegations were not ready to take action on draft decisions I, II and III, concerning, respectively, an extraordinary additional session for the Committee, the holding of the nineteenth session of the Committee in New York, and payment of honorarium to its members.
ROSS HYNES (Canada) said his delegation was among those favouring a postponement of action on the draft decisions.
Mr. CHOWDHURY (Bangladesh), Vice-President, said there was a proposal not to take action on those draft decisions. An update was needed on the recommendations contained in those drafts.
The Council consequently postponed action on the draft decisions.
Mr. CHOWDHURY, Council Vice-President said no action on the draft on the subject was needed.
The Council decided to postpone action on a draft on privileges and immunities of special rapporteurs of the Commission. The representative of GUYANA announced that it had voted in favour on the draft decision on the human rights in Iraq.
Coordination, Programme and Other Questions Under the item on coordination, programme and other questions, the Council next considered the draft resolution on malaria and diarrhoeal diseases, in particular cholera, (document E/1998/L.37), submitted by the Vice-President of the Council, Anwarul Karim Chowdhury (Bangladesh) on the basis of informal consultations.
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By that draft, the Council would stress the importance of adopting and implementing national plans of action in countries where malaria is endemic, and urge international development partners, in collaboration with private industry, to intensify their efforts to develop and widely distribute vaccines and other remedies against malaria and diarrhoeal diseases including cholera.
It would call upon the international community, in particular the donor countries, to expand, where possible, fund-raising channels and to provide affected developing countries, in particular African countries and the least developed countries, for the successful implementation of work plans and projects in controlling malaria.
The Council adopted the draft as orally revised.
The Council then took up the draft resolution submitted by the Vice- President of the Council, Mr. CHOWDHURY (Bangladesh) on the International Year for the Culture of Peace, 2000. By that draft, the Council would request the General Assembly to adopt a programme of action for the year 2000; and would recognize that the promotion of a culture of peace should be a high-profile theme in the several mobilizing events and evaluations being planned for that year at the national, regionkal and international levels.
The Council adopted the draft resolution without a vote.
Implementation of Decolonization Declaration
Mr. REYES RODRIGUEZ (Cuba) informed the Council that Namibia, Grenada, India, Togo, Lebanon and Algeria had joined as co-sponsors of the draft resolution on the implementation of the Decolonization Declaration by the specialized agencies and the international institution associated with the United Nations (document E/1998/L.22).
By that draft resolution, the Council would recommend that all States intensify their efforts in the specialized agencies and other organizations of the United Nations system to ensure the full and effective implementation of the Declaration. It would request those agencies and organizations, as well as international and regional organizations to examine conditions in each Territory so as to take measures to accelerate their progress in the economic ands social sectors. It would also request the administering Powers concerned to facilitate the participation of appointed and elected representatives of Non-Self-Governing Territories in the relevant meetings and conferences of the agencies and organizations. A recorded vote was requested. The draft was adopted by a vote of 24 in favour to none against, with 19 abstentions.
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VASSILIA NEBENZIA (Russian Federation) said his country's position on the Decolonization Declaration remained unchanged. It had, like last year, abstained. The question was being discussed in substance in the General Assembly. Discussing it in the Council diverted its attention from its responsibilities in the economic and social affairs.
On the proposal of the Council Vice-President, the Council took note of the report of the Secretary-General on assistance to the Palestinian people (document A/53/153-E/1998/75).
Economic and Environmental Questions
On the draft text concerning the report of the Secretary-General on the causes of conflict and the promotion of durable peace and sustainable development in Africa (document E/1998/L.33), Mr. CHOWDHURY (Bangladesh), Vice-President of the Council, reported on informal consultations on the draft.
The representative of the United States said his delegation strongly favoured the draft and would like to co-sponsor it.
The Council adopted the draft decision as orally amended.
The Council then took up the draft resolution on the Status of least developed countries (document E/1998/L.39), submitted by the Vice-President, Mr. CHOWDHURY (Bangladesh). By that resolution, the Council would stress the need for the Committee for Development Planning to include in its report to the Council at its substantive session of 1999 an assessment of the usefulness of a vulnerability index as a criterion for designation of the least developed countries. It would also decide to postpone its consideration of the graduation of Vanuatu until that report has been submitted.
The Council adopted the draft text, without a vote. The Council then adopted the draft resolution to postpone a decision on the graduation of Vanuatu from the list of least developed counties. SIDHARTO SURYO-DI-DURO (Indonesia), on behalf of the Group of 77 and China, said the draft was well balanced. The Netherlands had expressed an interest in co-sponsoring it, he said. RAYOU AKII (Vanuatu) paid tribute to the President for his role in negotiating the text. He said the text was well balanced which should give enough flexibility to the experts in carrying out their work. MR. WINNICK (United States) said his delegation believed that the Committee for Development Planning had not carried out its work regarding the graduation of Vanuatu from the list of least developed countries, as outlined
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in General Assembly resolutions on the subject. For that reason, his delegation had joined the consensus on the text just adopted.
He reiterated the concern which his delegation had expressed previously regarding the vulnerability index. It had noted that many problems of methodology were involved in formulating and applying a meaningful index. The United States would reconsider the use of the United Nations listing in the determination of national general scheme of preferences should changes in methodology undermine the strength of the analysis.
The Council adopted the draft text recommending that the Assembly proclaim the year 2002 as the international year of ecotourism as orally revised.
The Council then took up the draft resolution on protection against products harmful to health and the environment (document E/1998/L.34), submitted by the Council Vice-President, Mr. CHOWDHURY (Bangladesh).
By that text, the Council would urge the adoption of a legally binding instrument for the application of the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade at the diplomatic conference to be held in Rotterdam, the Netherlands, on 10 and 11 September, and call for a speedy ratification by the signatories of the Convention.
It would also request the Secretary-General to continue to prepare the Consolidated List focusing on chemicals and pharmaceutical products in alternate years, and to continue to provide the necessary technical assistance to developing countries, at their request, for the establishment and/or strengthening of national capacity for managing hazardous chemicals and pharmaceutical products.
The representative of the Russian Federation said two issues were of concern to his delegation. One was the fact that informal consultation on the draft resolution on the Executive Board of the World Food Programme (WFP) (document E/1998/L.17) appeared under a different heading. The other related to the programme budget implication (document E/1998/L.35) concerning the Committee on New and Renewable Sources of Energy and on Energy for Development. He understood that the question of geographic distribution of seats had not been resolved.
The President said consultations on L.17 would be held. The composition of the Energy Committee was still in brackets in the draft and a final decision had not yet been reached.
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MR. REYES RODRIGUEZ (Cuba), exercising the right of reply, said his delegation had listened with disappointment to the United States delegate's response, which was out of order to the friendly Cuban statement. The issue was terrorism by the United States against Cuba which had been reported in the United States media. It was not for him to speak about human rights violations in the United States, such as the discriminatory practices in extrajudicial executions. He said the United States delegation at the session of the Commission on Human Rights had privately attempted to influence delegations into voting for continuation of investigations of the human rights situation in Cuba. The United States was using food as genocide, and was financing and organizing terrorist acts against Cuba.
MEGERERANYA RWUBUSIS (Democratic Republic of the Congo) said his delegation regretted the lateness of documentation on the reports of the Commission on Human Rights which contained decision on situation in his country. The Commission's decision was not based on any concrete fact. The Security Council was seized of the matter of human rights in his country and had asked for a report from his Government. He reiterated the will of his Government to tighten further its relations, both with the United Nations and the international community. It had expressed its firm wish to cooperate on the issues of impunity, and had set up a ministry on human rights. (See annex VIII for voting details.)
(annexes follow)
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Economic and Social Council Press Release ECOSOC/5795 46th Meeting (AM) 30 July 1998
ANNEX I
Vote on Draft Decision on Use of Mercenaries
The draft decision on the use of mercenaries (document A/E/1998/L.24) was adopted by a recorded vote of 26 in favour to 13 against, with 7 abstentions, as follows:
In favour: Algeria, Argentina, Bangladesh, Brazil, Chile, China, Colombia, Cuba, Djibouti, El Salvador, Guyana, India, Jordan, Lebanon, Lesotho, Mauritius, Mexico, Mozambique, Oman, Pakistan, Russian Federation, Saint Lucia, Sri Lanka, Tunisia, Turkey, Viet Nam.
Against: Belgium, Canada, Finland, Germany, Iceland, Italy, Japan, Nicaragua, Poland, Spain, Sweden, United Kingdom, United States.
Abstain: Belarus, Czech Republic, France, Latvia, New Zealand, Republic of Korea, Romania.
Absent: Cape Verde, Central African Republic, Comoros, Gabon, Gambia, Sierra Leone, Togo, Zambia.
(Annex II follows)
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ANNEX II
Vote on Draft Decision on Illicit Movement and Dumping of Toxic Wastes
The draft decision on illicit movement and dumping of toxic wastes (document A/E/1998/L.24) was adopted by a recorded vote of 26 in favour to 20 against, with 2 abstentions, as follows:
In favour: Algeria, Argentina, Bangladesh, Brazil, Chile, China, Colombia, Cuba, Djibouti, El Salvador, Guyana, India, Jordan, Lebanon, Lesotho, Mauritius, Mexico, Mozambique, Oman, Pakistan, Saint Lucia, Sri Lanka, Togo, Tunisia, Turkey, Viet Nam.
Against: Belarus, Belgium, Canada, Cape Verde, Czech Republic, Finland, France, Germany, Iceland, Italy, Japan, New Zealand, Nicaragua, Poland, Romania, Russian Federation, Spain, Sweden, United Kingdom, United States.
Abstain: Latvia, Republic of Korea.
Absent: Central African Republic, Comoros, Gabon, Gambia, Sierra Leone, Zambia.
(Annex III follows)
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ANNEX III
Vote on Draft Decision on Special Rapporteur on Foreign Debt
The draft decision on the appointment of a special rapporteur on the effects of foreign debt on the full enjoyment of economic, social and cultural rights (document A/E/1998/L.24) was adopted by a recorded vote of 22 in favour to 19 against, with 7 abstentions, as follows:
In favour: Algeria, Bangladesh, Cape Verde, China, Colombia, Cuba, Djibouti, Guyana, India, Jordan, Lebanon, Lesotho, Mauritius, Mozambique, Oman, Pakistan, Saint Lucia, Sri Lanka, Togo, Tunisia, Turkey, Viet Nam.
Against: Belarus, Belgium, Canada, Czech Republic, Finland, France, Germany, Iceland, Italy, Japan, Latvia, New Zealand, Poland, Romania, Russian Federation, Spain, Sweden, United Kingdom, United States.
Abstain: Argentina, Brazil, Chile, El Salvador, Mexico, Nicaragua, Republic of Korea.
Absent: Central African Republic, Comoros, Gabon, Gambia, Sierra Leone, Zambia.
(Annex IV follows)
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ANNEX IV
Vote on Draft Decision on Human Rights in Iraq
The draft decision on human rights in Iraq (document A/E/1998/L.24) was adopted by a recorded vote of 27 in favour to none against, with 18 abstentions, as follows:
In favour: Argentina, Belarus, Belgium, Brazil, Canada, Chile, Czech Republic, El Salvador, Finland, France, Germany, Iceland, Italy, Japan, Latvia, Mexico, New Zealand, Nicaragua, Poland, Republic of Korea, Romania, Russian Federation, Spain, Sweden, Turkey, United Kingdom, United States.
Against: None.
Abstain: Algeria, Bangladesh, Cape Verde, China, Colombia, Cuba, Djibouti, Guyana, India, Jordan, Lebanon, Mozambique, Pakistan, Saint Lucia, Sri Lanka, Togo, Tunisia, Viet Nam.
Absent: Central African Republic, Comoros, Gabon, Gambia, Lesotho, Mauritius, Oman, Sierra Leone, Zambia.
(Annex V follows)
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ANNEX V
Vote on Draft Decision on Human Rights in Iran
The draft decision on human rights in Iran (document A/E/1998/L.24) was adopted by a recorded vote of 25 in favour to 8 against, with 11 abstentions, as follows:
In favour: Algeria, Argentina, Belgium, Brazil, Canada, Chile, Czech Republic, El Salvador, Finland, France, Germany, Guyana, Iceland, Italy, Japan, Latvia, New Zealand, Nicaragua, Poland, Romania, Russian Federation, Spain, Sweden, United Kingdom, United States.
Against: Bangladesh, China, Cuba, India, Jordan, Oman, Pakistan, Viet Nam.
Abstain: Belarus, Cape Verde, Colombia, Djibouti, Mexico, Mozambique, Republic of Korea, Saint Lucia, Sri Lanka, Togo, Tunisia.
Absent: Central African Republic, Comoros, Gabon, Gambia, Lebanon, Lesotho, Mauritius, Sierra Leone, Turkey, Zambia.
(Annex VI follows)
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ANNEX VI
Vote on Draft Decision on Effects of Structural Adjustment Policies
The draft decision on effects of structural adjustment policies on the full enjoyment of human rights (document A/E/1998/L.24) was adopted by a recorded vote of 28 in favour to 18 against, with 1 abstention, as follows:
In favour: Algeria, Argentina, Bangladesh, Brazil, Chile, China, Colombia, Cuba, Djibouti, El Salvador, Guyana, India, Jordan, Lebanon, Lesotho, Mauritius, Mexico, Mozambique, Nicaragua, Oman, Pakistan, Republic of Korea, Saint Lucia, Sri Lanka, Togo, Tunisia, Turkey, Viet Nam.
Against: Belarus, Belgium, Canada, Czech Republic, Finland, France, Germany, Iceland, Italy, Japan, Latvia, New Zealand, Romania, Russian Federation, Spain, Sweden, United Kingdom, United States.
Abstain: Poland.
Absent: Cape Verde, Central African Republic, Comoros, Gabon, Gambia, Sierra Leone, Zambia.
(Annex VII follows)
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ANNEX VII
Vote on Draft Decision on Human Rights and Terrorism
The draft decision on human rights and terrorism (document A/E/1998/L.24) was adopted by a recorded vote of 23 in favour to 0 against, with 22 abstentions, as follows:
In favour: Algeria, Bangladesh, Belarus, Brazil, China, Colombia, Cuba, Djibouti, El Salvador, Guyana, India, Lesotho, Mozambique, Oman, Pakistan, Republic of Korea, Russian Federation, Saint Lucia, Sri Lanka, Togo, Tunisia, Turkey, Viet Nam.
Against: None.
Abstain: Argentina, Belgium, Canada, Cape Verde, Chile, Czech Republic, Finland, France, Germany, Iceland, Italy, Japan, Latvia, Mexico, New Zealand, Nicaragua, Poland, Romania, Spain, Sweden, United Kingdom, United States.
Absent: Central African Republic, Comoros, Gabon, Gambia, Jordan, Lebanon, Mauritius, Sierra Leone, Zambia.
(Annex VIII follows)
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ANNEX VIII
Vote on Implementation of Decolonization Declaration
The draft resolution on implementation of the Decolonization Declaration (document A/E/1998/L.22) was adopted by a recorded vote of 24 in favour to none against, with 19 abstentions, as follows:
In favour: Algeria, Argentina, Bangladesh, Brazil, Cape Verde, Chile, China, Colombia, Cuba, Djibouti, El Salvador, Guyana, India, Lesotho, Mexico, Mozambique, New Zealand, Nicaragua, Republic of Korea, Saint Lucia, Togo, Tunisia, Turkey, Viet Nam.
Against: None.
Abstain: Belarus, Belgium, Canada, Czech Republic, Finland, France, Gabon, Germany, Iceland, Italy, Japan, Latvia, Poland, Romania, Russian Federation, Spain, Sweden, United Kingdom, United States.
Absent: Central African Republic, Comoros, Gambia, Jordan, Lebanon, Mauritius, Oman, Pakistan, Sierra Leone, Sri Lanka, Zambia.
* *** *