MEASURES TO PROTECT CHILDREN, COMBAT RACIAL DISCRIMINATION, END DEGRADING TREATMENT OF MIGRANT WORKERS RECOMMENDED BY THIRD COMMITTEE TEXTS

13 November 1998

Press Release
GA/SHC/3508

MEASURES TO PROTECT CHILDREN, COMBAT RACIAL DISCRIMINATION, END DEGRADING TREATMENT OF MIGRANT WORKERS RECOMMENDED BY THIRD COMMITTEE TEXTS

19981113 Drafts on Human Rights Situation in Iraq, Assistance to Unaccompanied Refugee Minors, Human Rights and Unilateral Coercive Measures Introduced

The General Assembly, expressing profound concern that the situation of children in many parts of the world remains critical, would recommend a series of measures to prevent and eradicate their sexual exploitation and to protect children affected by armed conflict, under the provisions of one of four draft resolutions approved by the Third Committee (Social, Humanitarian and Cultural), without a vote, this afternoon.

Also by the eight-part text, the Assembly would call upon States to take actions for the progressive and effective elimination of all forms of exploitative child labour, and strongly urge Governments to take urgent measures to prevent the killing, torture or violence against children living or working in the streets and to bring perpetrators of such actions to justice.

States and other parties to armed conflict would be urged to adopt measures ending the use of children as soldiers and ensuring their demobilization and effective disarmament by other provisions of the text. The Assembly would recall the qualification in the Statute of the International Criminal Court of the conscription, enlistment or use to participate actively in hostilities of child soldiers as a war crime. In addition, States would be urged to adopt special measures for cases of child sex tourism, criminalizing the acts of those involved, in both the countries of origin and the countries of destination.

Further, the Assembly would welcome the report of the Special Representative of the Secretary-General for Children and Armed Conflict particularly his efforts to raise worldwide awareness, to mobilize official and public opinion for the protection of children affected by armed conflict and to undertake field visits to promote respect for children's rights and needs in conflict and post-conflict situations.

By another draft approved, the Assembly, in implementing the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination,

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would urge Governments to take all necessary measures to combat new forms of racism, and would urge States to limit the extent of any reservations lodged to the International Convention on the Elimination of All Forms of Racial Discrimination.

In addition, the Secretary-General would be requested to designate the United Nations High Commissioner for Human Rights to assume the main responsibility in preparations for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. The Assembly would observe the year 2001 as the International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

Another text approved would have the Assembly call upon all States to review and, where necessary, revise their immigration policies with a view to eliminating discriminatory policies and practices against migrants which are inconsistent with international human rights instruments. It would deplore the misuse of the media and new communication technologies, including the Internet, to incite violence motivated by racial hatred.

A draft resolution on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families would have the Assembly express its deep concern at the growing manifestations of racism, xenophobia and other forms of discrimination and inhuman or degrading treatment directed against migrant workers in different parts of the world. It would call upon all Member States to consider signing, and ratifying or acceding to the Convention as a matter of priority, and at an early date.

Also this afternoon, the Committee heard the introduction of four draft resolutions. Under its provisions the Assembly would:

-- Strongly condemn the systematic, widespread and extremely grave violations of human rights and of international humanitarian law by the Government of Iraq, resulting in all-pervasive repression and oppression -- a draft introduced by Austria;

-- Decide to increase the number of members of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees from 53 to 54 States -- a draft introduced by Mozambique;

-- Condemn all acts of exploitation of unaccompanied refugee minors, including their use as soldiers or human shields in armed conflict and their forced recruitment into military forces -- a draft introduced by the Sudan; and;

-- Urge all States to refrain from adopting or implementing unilateral measures not in accordance with international law which create obstacles to trade relations among States -- a text introduced by South Africa, on behalf of the Non-Aligned Movement.

The Committee will meet again at 3 p.m. on Monday, 16 November, to continue its deliberations.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to take action on draft resolutions on the rights of the child; Third Decade to Combat Racism and Racial Discrimination; measures to combat racism and xenophobia; and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

The Committee was also expected to hear introduction of draft resolutions on enlargement of the Executive Committee of the Programme of the UNHCR; assistance to unaccompanied refugee minors; human rights and unilateral coercive measures; and the situation of human rights in Iraq.

Drafts for Action

By terms of an eight-part draft resolution on the rights of the child (document A/C.3/53/L.14/Rev.1), the General Assembly, profoundly concerned that the situation of children in many parts of the world remained critical, would urge all States to sign and ratify or accede to the Convention on the Rights of the Child.

Under further terms of part I of the draft, on implementing the Convention, the Assembly would welcome the unprecedented number of 191 States that ratified the Convention and would express concern at the great number of reservations to it, urging States to withdraw them. It would also call upon States to ensure that education of children be directed to the development of respect for human rights and fundamental freedoms, to publicize the principles and provisions of the Convention and to take the measures leading to an increase in the membership of the Committee on the Rights of the Child from 10 to 18 experts. The Assembly would request the Secretary-General to ensure the provision of appropriate staff and facilities for the effective and expeditious performance of the functions of the Committee on the Rights of the Child, and would welcome the positive results of cooperation between the Committee on the Rights of the Child and the United Nations Children's Fund (UNICEF), supporting the rights-based approach adopted by the Fund and encouraging its further development.

By part II, on children with disabilities, the Assembly would call on States to take all necessary measures to ensure the full enjoyment of all human rights and fundamental freedoms by children with disabilities, including through legislation. It would also call upon States to make education accessible to children with special needs to enable their full social integration and individual development, and would call for States to provide disaggregated data on the needs of children with disabilities and on measures taken to ensure their enjoyment of rights.

With regard to measures for preventing and eradicating the sale of children and their sexual exploitation and abuse, as called for in part III of

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the draft, the Assembly would call upon States to adopt effective national, bilateral and multilateral measures against such acts and to criminalize all forms of sexual exploitation of children, including that of commercial sexual exploitation. It would also call on States to condemn and penalize all offenders, local or foreign, while ensuring that children victims of the practice were not penalized. Further, it would call upon States to enact and enforce appropriate laws and to design and implement policies and programmes to protect children and would urge them to adopt special measures for cases of child sex tourism, criminalizing the acts of those involved, in both the countries of origin and the countries of destination.

By part IV of the draft, on protection of children affected by armed conflict, the Assembly would welcome the report of the Special Representative of the Secretary-General for Children and Armed Conflict, in particular his efforts to raise worldwide awareness, to mobilize official and public opinion for the protection of children affected by armed conflict, and to undertake field visits to promote respect for children's rights and needs in conflict and post-conflict situations.

The Assembly would call upon the Special Representative and all relevant parts of the United Nations system to continue to develop a concerted approach on the rights, protection and welfare of children affected by armed conflict, placing the issue within the mainstream of United Nations policy-making and programme activities. It would urge States and other parties to armed conflict to adopt measures ending the use of children as soldiers and ensuring their demobilization and effective disarmament, and it would recall the qualification in the Statute of the International Criminal Court that would make conscription or enlistment of child soldiers a war crime to end impunity for the perpetrators of such crime. Further, States would be urged to ensure effective measures for the rehabilitation, recovery and reintegration into society of children affected by armed conflict. Finally, the Assembly would condemn the abduction of children in situations of armed conflicts and would urge States, international organizations and other concerned parties to take all appropriate measures to secure the unconditional release of all abducted children.

By part V, on refugee and internally displaced children, the Assembly would urge Governments to pay particular attention to the situation of refugee and internally displaced children by continuing to design and improve the implementation of policies and programmes for their care and well-being with the necessary international cooperation. It would call upon all States and other parties to armed conflicts to recognize the particular vulnerability of refugee and internally displaced children to the damaging effects of such conflicts, stressing the special vulnerability of child-headed households. Governments and United Nations bodies would be called upon to give such situations urgent attention, and to enhance protection and assistance mechanisms, and to involve women and youth in the design, delivery and monitoring of measures taken to that effect.

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With regard to elimination of exploitation of child labour, as called for in part VI of the draft, the Assembly would call upon States to take actions for the progressive and effective elimination of all forms of exploitative child labour, urging them to eliminate the worst forms of child labour, such as forced labour, bonded labour and other forms of slavery. States would be called upon to ratify and implement the conventions of the International Labour Organization (ILO) concerning the abolition of forced labour and the minimum age for employment, including for particularly hazardous work for children.

The Assembly would call on States to set specific target dates for eliminating child labour and ensuring the enforcement of laws and legislation, as well as fulfilment of obligations under the Convention on the Rights of the Child and ILO standards. States would be also called upon to assess the magnitude, nature and causes of the exploitation of child labour and to develop and implement strategies for combating those practices through international cooperation.

By terms of part VII of the draft, on children living or working in the streets, the Assembly would call upon governments to take measures to ensure the reintegration of those children into society by providing for such needs as nutrition, shelter, health care and education. It would also strongly urge governments to take urgent measures to prevent the killing, torture or violence against such children, to bring perpetrators of such actions to justice and to ensure compliance with the Convention on the Rights of the Child and other instruments. It would call upon the international community to support the efforts of States to improve the situation of such children, and encourage requests for technical advice and assistance on initiatives aimed at improving their situation.

Finally, by part VIII, the Assembly would request the Secretary-General and his Special Representative for Children and Armed Conflict to continue reporting to the General Assembly and the Commission on Human Rights.

The draft resolution is sponsored by: Andorra, Armenia, Austria, Bangladesh, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Czech Republic, Denmark, Dominican Republic, Finland, France, Germany, Greece, Iraq, Ireland, Italy, Japan, Kazakhstan, Kyrgyzstan, Liechtenstein, Lithuania, Luxembourg, Monaco, Mongolia, Netherlands, Norway, Pakistan, Portugal, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Sweden, Turkmenistan, Ukraine and the United Kingdom.

By terms of a draft resolution on the Third Decade to Combat Racism and the convening of the World Conference against Racism (document A/C.3/53/L.24), the Assembly would note with grave concern that the objectives of the previous Decades had not been achieved and that millions of people continue to be victims of varied forms of racism. It would also express deep concern about

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the fact that racism against migrant workers continues to increase, despite international efforts to improve the protection of the rights of migrants and their families.

Therefore, in implementing the Programme of Action for the Third Decade, the Assembly would urge all governments to take all necessary measures to combat new forms of racism and would urge States to limit the extent of any reservation lodged to the Convention on the Elimination of All Forms of Racial Discrimination. It would also urge the Secretary-General, United Nations bodies and agencies, governments and organizations to pay particular attention to the situation of indigenous people. It would strongly underline the importance of education as a significant means of preventing and eradicating racism and racial discrimination and of creating awareness of principles of human rights. Finally, the Assembly would strongly appeal for generous contributions to the Trust Fund for the Decade.

With regard to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the Assembly would request the Secretary-General to prepare reports relative to the Conference; to designate the United Nations High Commissioner for Human Rights to assume the main responsibility in preparations for the Conference; and to consider providing the necessary financial and technical assistance for convening regional preparatory meetings. The High Commissioner would be requested to carry out consultations, as well as to devise and implement, with the Department of Public Information (DPI), a world information campaign related to the Conference; and urged to assist States and regional organizations to undertake initiatives, including meetings. The Commission on Human Rights would be requested to present, before the end of the fifty-third session of the General Assembly, a concrete proposal for the date and venue of the World Conference.

Finally, by that resolution, the Assembly would proclaim the year 2001 as the International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and it would keep the item entitled "Elimination of racism and racial discrimination" as a high priority item on its agenda.

The draft resolution is sponsored by Indonesia (on behalf of the Group of 77 developing countries and China), Mexico and Turkey.

By the terms of a draft resolution on measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance (document A/C.3/53/L.25), the Assembly would express its profound concern about and would condemn all forms of racism and racial discrimination, in particular all racist violence, as well as xenophobia and related intolerance against migrant workers and members of their families, and persons belonging to minorities and members of vulnerable groups in many societies.

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The Assembly would call upon all States to review and, where necessary, revise their immigration policies with a view to eliminating all discriminatory policies and practices against migrants which are inconsistent with relevant international human rights instruments. It would categorically deplore the misuse of print, audio-visual and electronic media and new communication technologies, including the Internet, to incite violence motivated by racial hatred.

By other terms of the draft, the Assembly would call upon all governments and intergovernmental organizations, with the assistance of non-governmental organizations (NGOs), to supply relevant information to the Special Rapporteur on racism to enable him to fulfil his mandate. Further, it would commend NGOs for the action that they have taken against racism and racial discrimination, and for the continuous support and assistance that they have provided to the victims of racism and racial discrimination.

The Assembly would urge all governments to cooperate fully with the Special Rapporteur, with a view to enabling him to fulfil his mandate, including examining incidents of contemporary forms of racism and racial discrimination, among other things, against Blacks, Arabs and Muslims, xenophobia, negrophobia, anti-Semitism and related intolerance.

The draft resolution is sponsored by Indonesia (on behalf of the Group of 77 developing countries and China), Germany and Turkey.

By the terms of a draft resolution on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (document A/C.3/53/L.21), the General Assembly, considering that in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights on 25 June 1993, all States were urged to guarantee the protection of the human rights of all migrant workers and members of their families, would express its deep concern at the growing manifestations of racism, xenophobia and other forms of discrimination and inhuman or degrading treatment directed against migrant workers in different parts of the world. It would call upon all Member States to consider signing and ratifying or acceding to the Convention as a matter of priority, and at an early date.

The Assembly would also request the Secretary-General to provide all the facilities and assistance necessary for the promotion of the Convention through the World Public Information Campaign on Human Rights and the programme of advisory services in the field of human rights. It would welcome the launching of the global campaign for the entry into force of the Convention, and invite the organizations and agencies of the United Nations system and intergovernmental and NGOs to intensify their efforts to disseminate information on, and promote understanding of, the Convention.

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The draft resolution is sponsored by Argentina, Bangladesh, Cape Verde, Chile, Colombia, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Morocco, Panama, Paraguay, Peru, Philippines, Sri Lanka, Turkey, Uganda and Uruguay.

Drafts for Introduction

By the terms of a draft resolution sponsored by Mozambique on the enlargement of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees (UNHCR) (document A/C.3/53/L.30), the Assembly, taking note of Economic and Social Council decision 1998/211 of 7 May, would decide to increase the number of members of the Executive Committee of the Programme of the UNHCR from 53 to 54 States. The Council would be requested to elect the additional member at its organizational session for 1999.

By another draft resolution (document A/C.3/53/L.31), the Assembly would express its deep concern at the continued plight of unaccompanied refugee minors, and emphasize once again the urgent need for their early identification and for timely, detailed and accurate information on their number and whereabouts. It would call upon the Office of the UNCHR, in cooperation with other relevant United Nations bodies, to incorporate into its programmes, policies that aim at preventing refugee family separation, conscious of the importance of family unity.

The Assembly would call upon all governments, the Secretary-General, the Office of the High Commissioner, United Nations organizations, other international and NGOs to exert the maximum effort to assist and protect refugee minors and to expedite the return to and reunification with their families. It would further urge those organizations and bodies to take appropriate steps to mobilize resources commensurate with the needs and interests of unaccompanied refugee minors for their reunification with their families.

By other terms of the draft, the Assembly would call upon all States and other parties to armed conflict to respect international humanitarian law and, in this regard, call upon States parties to respect fully the provisions of the Geneva Conventions of 12 August 1949 and related instruments, while bearing in mind resolution 2 adopted at the twenty-sixth International Conference of the Red Cross and Red Crescent, held at Geneva in December 1995, and to respect the provisions of the Convention on the Rights of the Child, which accord children affected by armed conflict, special protection and treatment.

The Assembly would condemn all acts of exploitation of unaccompanied refugee minors, including their use as soldiers or human shields in armed conflict and their forced recruitment into military forces, and any other acts that endanger their safety and personal security. The Secretary-General, the UNHCR, the Office for the Coordination of Humanitarian Affairs (OCHA) of the

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Secretariat, the United Nations Children's Fund (UNICEF), other United Nations organizations and other international organizations would be called upon to mobilize adequate assistance to unaccompanied refugee minors in the areas of relief, education, health and psychological rehabilitation.

The draft resolution is sponsored by Afghanistan, Bangladesh, Botswana, Chad, Costa Rica, Dominican Republic, Ecuador, El Salvador, Jordan, Kenya, Madagascar, Morocco, Pakistan, Panama, Qatar, Sudan, Syria and Yemen.

Under the terms of a text on human rights and unilateral coercive measures (document A/C.3/53/L.33), the Assembly would urge all States to refrain from adopting or implementing any unilateral measures not in accordance with international law and the Charter of the United Nations, in particular those of a coercive nature with all their extraterritorial effects, which create obstacles to trade relations among States, thus impeding the full realization of the rights set forth in the Universal Declaration of Human Rights and other international human rights instruments, in particular the right of individuals and peoples to development.

The Assembly would reject unilateral coercive measures with all their extraterritorial effects as tools for political or economic pressure against any country, in particular against developing countries, because of their negative effects on the realization of all the human rights of vast sectors of their populations, in particular children, women and the elderly.

Member States that have initiated such measures would be called upon to commit themselves to their obligations and responsibilities arising from the international human rights instruments to which they are party by revoking such measures at the earliest time possible. The Assembly would reaffirm, in that context, the right of all peoples to self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development.

It would urge the Commission on Human Rights to take fully into account the negative impact of unilateral coercive measures, including the enactment of national laws and their extraterritorial application, in its task concerning the implementation of the right to development. The United Nations High Commissioner for Human Rights would be requested, in discharging her functions relating to the promotion, realization and protection of the right to development, to give urgent consideration to the present resolution in her annual report to the General Assembly. The Secretary-General would be requested to bring the present resolution to the attention of all Member States to seek their views and information on the implications and negative effects of unilateral coercive measures on their populations and to submit a report to the Assembly's fifty-fourth session.

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That draft text is sponsored by South Africa, on behalf of the States Members of the United Nations that are members of the Movement of Non-Aligned Countries.

A draft resolution on the situation of human rights in Iraq (document A/C.3/53/L.34) would have the Assembly strongly condemn the systematic, widespread and extremely grave violations of human rights and of international humanitarian law by the Government of Iraq, resulting in all-pervasive repression and oppression. It would also strongly condemn summary and arbitrary executions, including political killings, enforced or involuntary disappearances, routinely practiced arbitrary arrests and detention and consistent and routine failure to respect due process and the rule of law, and call upon the Government of Iraq to provide an accounting for the clean-out of prisons where there is credible evidence of mass summary executions.

The Assembly would call upon the Government of Iraq to abide by its freely undertaken obligations under international human rights treaties and international humanitarian law, and to respect and ensure the rights of all individuals, irrespective of their origin, ethnicity, gender or religion, within its territory and subject to its jurisdiction. The Government of Iraq would also be called upon to cooperate with United Nations human rights mechanisms, in particular, by receiving a return visit by the Special Rapporteur of the Commission on Human Rights and allowing the stationing of human rights monitors throughout Iraq pursuant to the relevant resolutions of the General Assembly and the Commission on Human Rights.

By further terms of the text, the Assembly would urge the Government to put an end without delay to the continuing enforced displacement of persons on discriminatory grounds, to respect the rights of all ethnic and religious groups, and to cease immediately its repressive practices aimed at the Iraqi Kurds, Assyrians, Turkomen and the population of the southern marsh areas and to ensure the personal integrity and freedoms of the Shi'a and their religious establishment.

The Assembly would also call upon the Government to abrogate all decrees that prescribe cruel and inhuman punishment or treatment, including mutilations, and to ensure that torture and cruel punishment and treatment no longer occur, and also to abrogate all laws and procedures that penalize free expression and to ensure that the genuine will of the people shall be the basis of the authority of the State.

The Assembly would condemn the suppression of freedom of thought, expression, information, association, assembly and movement through fear of arrest, imprisonment and other sanctions, in particular the death penalty. It would also condemn the widespread use of the death penalty in disregard of the provisions of the International Covenant on Civil and Political Rights and the United Nations safeguards, including for petty crimes such as property theft and customs violations.

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The Government would be called upon to restore the independence of the judiciary and to abrogate all laws granting impunity to specified forces or persons killing or injuring individuals for any purpose beyond the administration of justice under the rule of law. In addition, it would be demanded to bring the actions of its military and security forces into conformity with the standards of international law, in particular those of the International Covenant on Civil and Political Rights.

The Assembly would further call upon the Government to cooperate with the Tripartite Commission to establish the whereabouts and resolve the fate of the remaining several hundred missing persons, including prisoners of war, Kuwaiti nationals and third-country national victims of the illegal Iraqi occupation of Kuwait, to cooperate with the Working Group on Enforced or Involuntary Disappearances of the Commission on Human Rights for that purpose and to pay compensation to the families of those who had died or disappeared in the custody of the Iraqi authorities, and to release immediately all Kuwaitis and nationals of other States who may still be held in detention.

By further terms, the Assembly would call on the Government of Iraq to increase its cooperation with international aid agencies and NGOs to provide humanitarian assistance and monitoring in the northern and southern areas of the country; and to continue to cooperate in the implementation of Security Council resolutions 986 (1995), 1111 (1997), 1143 (1997) and 1153 (1998) and to ensure fully the equitable distribution, without discrimination, to the Iraqi population of the humanitarian supplies, including to remote areas, purchased with the proceeds of Iraqi oil, and to continue to facilitate the work of United Nations humanitarian personnel in Iraq by ensuring the free and unobstructed movement of observers throughout the country.

The draft is sponsored by Andorra, Argentina, Australia, Austria (on behalf of the European Union), Bulgaria, Canada, Costa Rica, Czech Republic, Hungary, Iceland, Israel, Japan, Kuwait, Latvia, Liechtenstein, Lithuania, Monaco, Norway, Poland, San Marino, Slovakia and the United States.

Introduction of Drafts

FERNANDO CHOMAR (Mozambique) introduced the draft resolution on the enlargement of the Executive Committee of the Programme of the UNHCR.

ILHAM IBRAHIM AHMED (Sudan) introduced the draft resolution on assistance to unaccompanied refugee minors. She said the following had joined as additional sponsors: Côte d'Ivoire, Ethiopia, Guinea-Bissau, Iran, Niger, Nigeria and Turkey.

ELISABETH RIEDERER (Austria) introduced the draft resolution on the situation of human rights in Iraq.

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Action on Drafts

The Committee then took the draft resolution entitled "the rights of the child" (document A/C.3/L.14/Rev.1).

The Committee Chairman reminded delegations that, in addition to the sponsors listed in the document, Algeria, Australia, Cape Verde, China, Côte d'Ivoire, Croatia, Cyprus, Estonia, Hungary, Guinea-Bissau, Iceland, Indonesia, Malta, Namibia, New Zealand, Nigeria, Philippines, Republic of Moldova, Turkey and Uzbekistan had been announced as sponsors when the draft resolution was introduced.

The representative of Uruguay made the following oral amendments to correct technical errors, in order to reflect properly the agreed text at the end of the informal consultations: in the fifth preambular paragraph, the words "the fact" should be deleted from the first line, so that the paragraph should read: "Welcoming that the special situation of children..."

In part I, she said that in operative paragraph 2, the phrase "at the latest" should be deleted from the third line. That line should then read: "... adherence by the tenth anniversaries of the World Summit for Children and of the entry into force of the Convention;"

She made several changes to operative paragraph 5 of part I: in the third line, after "(HIV/AIDS)" the words "and encourages States" should be replaced by: "and urges Governments, in cooperation with ..."; in the eighth line, the word "all" should be added before the word "appropriate"; in the ninth line, the words "realizing all" should be deleted and replaced by the words "the realization ..." The last two lines of that paragraph would then read: "... the World Health Organization and the World Bank, to adopt all appropriate measures with a view to the realization of their rights".

Also in part I, in the second line of operative paragraph 7, she said the words "realization of the" should be added before the phrase "highest attainable standards". The second line should read: "... child to the realization of the highest attainable standards of health ..." In the third line of operative paragraph 14, the word "further" should be replaced by the word "also".

Under part II, she said that in the fourth line of operative paragraph 6, after the word "Council" the phrase "in resolution 1997/20" should be added.

In part III, in the last line of operative paragraph 13, she said the word "in" after the word "trafficking" should be deleted.

In part IV, in the first line of operative paragraph 15, she said the word "relevant" should be added before the word "measures". That line should

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read, "Underlines the importance that relevant measures to ensure respect for the rights of the child ..." In operative paragraph 17, the fourth and fifth lines should read as follows: "... and recalls the qualification in the Statute of the Court of the conscription, enlistment or use to participate actively in hostilities of child soldiers as a war crime, which will contribute towards making it possible to end impunity for the perpetrators of such crimes;".

In the third line of operative paragraph 19, she said that after the phrase "entry into force", the words "by March 1999", should be replaced by the words "on 1 March 1999." In the sixth line of that paragraph, before the phrase "of the amended Protocol", the phrase "the entrance into force on 3 December 1998" should be added.

Also in that section, she said that in the second line of operative paragraph 26, the word "how" should be replaced by the words "the issue of". The line should then read: "... to consider the issue of the impact of armed conflict on children ..."

Finally, she said, in part VI, at the end of the first line of operative paragraph 9, the words "for reintegrating" should be replaced by the words "to reintegrate".

She also noted the Dominican Republic had sponsored the draft on behalf of the Latin American Group, which included Uruguay. She then announced the following additional co-sponsors: Botswana, Bhutan, Eritrea, Georgia, Guinea, Kenya, Lesotho, Liberia, Mali, Poland, The former Yugoslavia Republic of Macedonia, Central African Republic, United Republic of Tanzania and India.

Cameroon, Tunisia, Ghana, Azerbaijan, Benin, Malawi, Micronesia, Nepal, Marshall Islands, Sierra Leone, Senegal, Equatorial Guinea and Madagascar also joined as co-sponsors.

The draft resolution, as orally revised, was approved without a vote.

The representative of the United States said he had joined the consensus on the resolution because of the importance of protecting and enhancing the rights of all children. However, he wished to address part IV of the draft, which concerned protection of children affected by armed conflict. He endorsed the sentiment that more emphasis should be given to meeting existing standards, even while efforts continued to raise those standards.

He noted the efforts of the working group on a draft optional protocol on the involvement of children in armed conflict to achieve a new standard. Until that was achieved, the phrase "the use of children as soldiers" must be interpreted in the context of general international law and under provisions of article 77 of Additional Protocol I of 1977 to the Geneva Conventions of 1949 and article 38 of the Convention on the Rights of the Child.

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It was unfortunate that the agreed text lacked full clarity on that point, he said. Consensus was possible by virtue of the fact that operative paragraph 9 established the overall context for part IV of the resolution by reaffirming existing international standards contained in the provisions of the Geneva Conventions of 12 August 1949 and the additional Protocols thereto of 1977.

Concerning reservations to international conventions, the United States continued to support the language used in the past several years in the resolutions of the Commission on Human Rights and the General Assembly on the rights of the child, he said. The Vienna Convention on the Law of Treaties and the Convention on the Rights of the Child both allow for reservations to treaties provided they were not incompatible with the objective and purpose of the treaty.

Operative paragraph 8 of part VI called for eliminating all forms of child labour that were contrary to accepted international standards, while operative paragraph 5 called for the elimination of all forms of exploitative child labour, he said. Under international law, States had an obligation to eliminate exploitative forms of child labour; that did not cover all forms of child labour. Rather, the "child labour" of concern was generally employment that prevented effective school attendance, and which was often performed under conditions hazardous to the physical and mental health of the child.

With respect to the question of sanctions raised in operative paragraph 23 in part IV, the United States believed that sanctions were a valid foreign policy option when directed at governments in an effort to urge compliance with international norms and standards, he said. In that context, sanctions were often applied to urge the promotion of and respect for human rights. In countries where the abuse of human rights extended to the abuse of children, sanctions were in effect wielded on their behalf. They were not aimed at children. Sanctions regimes generally permitted the provision of humanitarian assistance of which children were most often the beneficiaries.

He also noted that the language of the paragraph concerning sanctions in the draft was not consistent with applicable international law. The resolution should have used the language on sanctions agreed to at the 1995 December meeting of the International Committee of the Red Cross (ICRC) in Geneva.

The representative of Costa Rica said she supported all efforts of the United Nations for the promotion and protection of the rights of children, and celebrated the approval of the draft. She reminded States parties to the Convention on the Rights of the Child, which had not yet responded to the amendment that her Government had proposed to increase the number of members of the Committee on the Rights of the Child from 10 to 18, to take action on

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that proposal. It had been approved by the General Assembly, and was referred to in operative paragraph 12 of part I. It was an indispensable amendment to the Convention.

The representative of the Republic of Korea said he was pleased to have joined the consensus, and had participated in the full process of the informal consultations on the draft. He was of the firm belief that the draft resolution would serve as a comprehensive framework, however, he could not fully endorse operative paragraph 13 of part IV concerning anti-personnel landmines. Were it not for that paragraph, his country would have joined as a co-sponsor.

The representative of Singapore said she supported the general thrust of the draft, but had a reservation concerning operative paragraph 11 of part I, on reservations to the Convention on the Rights of the Child. That paragraph urged States parties to consider reviewing reservations with a view to withdrawing them. That was why Singapore had been unable to join as a co-sponsor this year, unlike other years. Like other treaties, the Convention was governed by the Vienna Convention on the Law of Treaties, article 19 of which explicitly allowed reservations that were not incompatible with the object and purpose of treaties, and the Convention itself allowed reservations.

The representative of Cuba said she welcomed the approval of the draft, and thanked Imelda Smolocic, the representative of Uruguay, who had coordinated negotiations on the draft.

The Committee turned to the draft resolution on the Third Decade to Combat Racism and Racial Discrimination and the Convening of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (document A/C.3/53/L.24).

The Committee Secretary, KATE STARR NEWELL, said the following additional sponsors had been announced when the draft was introduced: Finland, France, Italy, Japan, Portugal, Malta, Spain and the United Kingdom.

She then read out a statement relating to the financial implications of the draft. According to the statement, the Secretary-General would accord high priority to the activities of the Programme of Action and would ensure necessary financial resources were provided for the implementation of the activities of the Third Decade during the biennium 1998 to 1999, as well as to make provisions, while programming the regular budget for the biennium 2000 to 2001, for financing activities of the Programme of Action from the United Nations regular budget.

Because such requests by the Third Committee were at variance with established procedures that apply in administrative and budgetary matters, she drew the Committee's attention to provisions of the General Assembly

Third Committee - 15 - Press Release GA/SHC/3508 46th Meeting (PM) 13 November 1998

resolution 45/248, in which it reaffirmed that the Fifth Committee (Administrative and Budgetary) was the appropriate Main Committee entrusted with responsibilities for administrative and budgetary matters.

The representative of Indonesia said the following had joined as sponsors of the draft text: Australia, Austria, Benin, Canada, Croatia, Germany, Greece, Ireland, Israel, and The former Yugoslav Republic of Macedonia.

He made an oral revision to the draft. In operative paragraph 8, the word "reservations" in the first line should be reservation"; in the second line, the word "such" should be deleted; and in the third line, the first word "reservations" should be singular. Further, in operative paragraph 14, the phrase in the fourth line "including the establishment of an intergovernmental working group with a mandate to draft guidelines for the ethical use of the Internet and the possible formulation of a code of conduct for the Internet users and service providers" should be replaced by "for responsible use of the Internet".

The draft text, as orally revised, was approved without a vote.

After approval of the draft, the representative of the United States said, in explanation of position concerning reservations to international conventions, that her country continued to support the language used in the past several years which allowed for reservations to treaties, provided they were not compatible with the object and purpose of the Convention.

Next, the Committee took up a draft resolution on measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance (document A/C.3/53/L.25).

The Committee Secretary said the following countries had joined as sponsors when the draft resolution was introduced: Australia, Belgium, Finland, France, Greece, Iceland, Italy, Japan, Luxembourg, Norway, Portugal, Spain and Italy.

The representative of Indonesia, which had introduced the draft, said the following had also joined as additional sponsors: Australia, Croatia, Denmark, Ireland, Israel, Netherlands, The former Yugoslav Republic of Macedonia and San Marino.

He made an oral revision to the draft. In the first line of preambular paragraph 7, the word "also" should be inserted between the words "can" and "contribute".

The draft resolution was approved without a vote.

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The Committee then took action on a draft resolution on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (document A/C.3/53/L.21).

The Committee Secretary said Tunisia had been announced as a sponsor when the draft resolution was introduced.

The representative of Mexico said the following countries had joined as additional sponsors of the draft: Egypt, Ethiopia and Yemen.

The draft resolution was approved without a vote.

Introduction of Draft

PRINCE MOFOKENG (South Africa), on behalf of the Non-Aligned Movement, introduced a draft resolution on human rights and unilateral coercive measures. He said China had also joined as a sponsor of the resolution.

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