ASSEMBLY WOULD REAFFIRM RIGHT OF PALESTINIAN PEOPLE TO SELF-DETERMINATION, WITHOUT EXCLUDING OPTION OF STATE, BY THIRD COMMITTEE TEXT
Press Release
GA/SHC/3509
ASSEMBLY WOULD REAFFIRM RIGHT OF PALESTINIAN PEOPLE TO SELF-DETERMINATION, WITHOUT EXCLUDING OPTION OF STATE, BY THIRD COMMITTEE TEXT
19981116 Committee Takes Action on Five Texts, Hears Introduction of 11 DraftsThe General Assembly would reaffirm the right of the Palestinian people to self-determination, without excluding the option of a state, under the provisions of one of five draft resolutions approved by the Third Committee (Social, Humanitarian and Cultural) this afternoon.
By a recorded vote of 146 in favour to 2 against (Israel, United States), with 7 abstentions (Fiji, Georgia, Kenya, Nicaragua, Marshall Islands, Micronesia and Uruguay), the Assembly would express its hope that the Palestinian people would soon be exercising their right to self-determination in the current peace process, and urge all States and organizations to continue to support and assist the Palestinian people in their quest for self-determination. (For details of the vote, see Annex I.)
Speaking in explanation of vote, the representative of Israel said the resolution was an outdated relic that ignored the positive developments on the ground between Israel and the Palestinians, and threatened the very progress it claimed to support.
By the terms of another draft approved this afternoon by a vote of 92 in favour to 2 against (Sudan, Libya), with 56 abstentions, 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. It would call upon the Government to abide by its freely undertaken obligations under international human rights treaties and humanitarian law. (See Annex III.)
The representative of Iraq said the draft was based on political notions and had nothing to do with human rights. It was a pretext to discredit Iraq and its leadership. His country knew very well and respected its commitments to international human rights instruments.
Third Committee - 1a - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
A separate vote was also held on operative paragraphs 4, 13, 15 and 17 of the text on Iraq. (See Annex II.)
Three other drafts were approved without a vote this afternoon. Under the terms of a draft on the International Convention on the Elimination of All Forms of Racial Discrimination, the Assembly would urge all States that have not yet become parties to the Convention to ratify or accede to it, and urge States to limit their reservations to it.
By the terms of another draft approved, the Assembly would decide to increase the membership of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees from 53 to 54 States.
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, by the terms of another draft approved this afternoon.
Also this afternoon, the Committee heard the introduction of 11 draft resolutions. Under the provisions of those texts, the Assembly would:
-- stress that Governments have the primary responsibility for implementing the Platform for Action decided on at the Beijing Fourth World Conference on Women;
-- urge States to take all appropriate measures to combat hatred, intolerance and acts of violence, intimidation and coercion motivated by religious intolerance;
-- encourage the United Nations High Commissioner for Human Rights to explore new synergies to obtain increased financial assistance for human rights and the rule of law;
-- call upon all States to refrain from enacting, and to repeal if it already exists, legislation intended as a coercive measure that discriminates against individuals or groups of legal migrants;
-- adopt the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;
-- reaffirm that extreme poverty and exclusion from society constitute a violation of human dignity, that urgent national and international action is required to eliminate them, and that it is essential for States to foster participation by the poorest people in the decision-making process;
-- strongly condemn all the extrajudicial, summary or arbitrary executions that continue to take place throughout the world;
Third Committee - 1b - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
-- stress the importance of the programme of technical cooperation in the field of human rights, and renew its appeal to Governments to make use of the possibilities offered under the programme to organize information or training courses at the national level;
-- reaffirm that it is a purpose of the United Nations and the task of all Member States to promote and encourage respect for human rights and fundamental freedoms;
-- welcome the translation and dissemination of the Declaration of Principles on Tolerance into many languages and welcome the experience gained during the two celebrations of the International Day for Tolerance; and
-- request the Secretary-General to take all necessary steps in the preparation of the proposed programme budget for the biennium 2000-2001 to address the question of resources for the Office of the United Nations High Commissioner for Human Rights.
The Committee will meet again at 3 p.m. tomorrow, 17 November, to continue its deliberations.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to take action on texts concerning questions relating to refugees and elimination of racial discrimination.
It was also scheduled to hear the introduction of texts relating to the implementation of the outcome of the Fourth World Conference on Women, elimination of all forms of religious intolerance, strengthening of the rule of law, respect for the right to universal freedom of travel and family reunification, draft declaration on the right and responsibility to promote and protect human rights and fundamental freedoms, situation of human rights in Cambodia, human rights and extreme poverty, summary or arbitrary executions, regional arrangements for the promotion and protection of human rights, strengthening of United Nations actions in the human rights field through the promotion of international cooperation and the importance of non-selectivity, follow up to the United Nations Year for Tolerance, and question of resources for the Office of the United Nations High Commissioner for Human Rights.
Drafts for Action
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 UNHCR, 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 non-governmental organizations (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.
Third Committee - 3 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
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 that 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 in 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 United Nations High Commissioner for Refugees (UNHCR), the Office for the Coordination of Humanitarian Affairs of the 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, Côte d'Ivoire, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guinea-Bissau, Iran, Jordan, Kenya, Madagascar, Morocco, Niger, Nigeria, Pakistan, Panama, Qatar, Sudan, Syria, Turkey and Yemen.
By terms of a draft resolution on the International Convention on the Elimination of All Forms of Racial Discrimination (document A/C.3/53/L.18/Rev.1), the General Assembly would emphasize the obligation of States parties to the Convention to take legislative, judicial and other measures to secure full implementation of the Convention's provisions. It would also stress the importance of enabling the Committee on the Elimination of Racial Discrimination to function smoothly with all necessary facilities.
By part I of the resolution, the Assembly would call upon States to fulfil their reporting obligations on measures taken to implement the Convention, expressing concern at the great number of overdue reports. It would encourage the Secretariat to extend technical assistance in preparing reports to those States whose reports are seriously overdue. The Assembly would also invite the Committee to give high priority to preparing for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance by working with the Commission on Human Rights, acting as the preparatory committee for the Conference.
By part II of the resolution, the Assembly would express profound concern that financial obligations of States parties to the Convention had not been fulfilled and would strongly appeal to those in arrears to fulfil their
Third Committee - 4 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
outstanding financial obligations. It would also strongly urge States to accelerate domestic ratification procedures of the amendment concerning financing of the Committee.
Finally, on the status of the Convention as called for in part III of the draft, the Assembly would urge States to become parties to the Convention and limit their reservations to it.
The draft is sponsored by Antigua and Barbuda, Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Equatorial Guinea, Finland, France, Germany, Greece, Guatemala, Hungary, Iceland, Italy, Japan, Liberia, Luxembourg, Monaco, Mongolia, Namibia, Netherlands, Nigeria, Norway, Pakistan, Panama, Poland, Portugal, Republic of Moldova, Romania, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sweden, The former Yugoslav Republic of Macedonia and the United Kingdom.
According to a statement on the financial implications of the above draft (document A/C.3/53/L.56), an additional provision of $33,200 would be required over and above the resources approved under section 22, human rights, of the programme budget for the biennium 1998 to 1999. The additional requirements for the year 2000 would be dealt with in the context of the preparation of the proposed programme budget for the biennium 2000 to 2001.
A draft resolution on the right of the Palestinian people to self-determination (document A/C.3/53/L.26) would have the Assembly express deep concern over the difficulties facing the Middle East peace process. The Assembly would also reaffirm the right of the Palestinian people to self- determination and would express the hope that the Palestinian people would soon be exercising that right. The Assembly would also urge all States and all parts of the United Nations system to continue supporting and assisting the Palestinian people in their quest for self-determination.
The draft is sponsored by Algeria, Andorra, Austria, Bangladesh, Benin, Brazil, Brunei Darussalam, Cuba, Cyprus, Egypt, Finland, France, Germany, Greece, Indonesia, Ireland, Italy, Jordan, Kuwait, Lao People's Democratic Republic, Liechtenstein, Luxembourg, Madagascar, Malaysia, Mauritania, Monaco, Morocco, Nigeria, Oman, Pakistan, Portugal, Qatar, San Marino, Saudi Arabia, South Africa, Spain, Sudan, Suriname, Togo, Tunisia, United Arab Emirates, United Kingdom, United Republic of Tanzania, Viet Nam and Yemen.
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
Third Committee - 5 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
disappearances, routinely practised 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.
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.
Third Committee - 6 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
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, Belgium, Bulgaria, Canada, Costa Rica, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Spain, Sweden, United Kingdom and the United States.
Drafts for Introduction
By the terms of a draft resolution submitted by the Chairperson of the Third Committee on the basis of informal consultations on the follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform for Action (document A/C.3/53/L.27), the General Assembly would call once again on States and all other actors to implement the Platform for Action, in particular by promoting an active and visible policy of mainstreaming a gender perspective at all levels.
It would stress that governments have the primary responsibility for implementing the Platform for Action, and should take a leading role in coordinating, monitoring and assessing progress in the advancement of women. It would also urge them to establish or strengthen appropriate national machinery for the advancement of women at the highest political level.
It would welcome the progress achieved and call for further intensified efforts at the international level to integrate the equal status and all human rights of women into the mainstream of United Nations system-wide activity,
Third Committee - 7 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
and to address those issues regularly and systematically through relevant United Nations bodies and mechanisms.
The Assembly would direct all its committees and bodies and draw the attention of other bodies of the United Nations system to the need to mainstream a gender perspective systematically into all areas of their work, particularly such areas as macroeconomic questions, operational activities for development, poverty eradication, human rights, humanitarian assistance, budgeting, disarmament, peace and security, and legal and political matters. It would also request the Economic and Social Council to ensure that gender mainstreaming is an integral part of all its activities concerning integrated follow-up to recent United Nations Conferences.
By further terms of the draft, the Assembly would call upon States to take action to fulfil the commitments for the advancement of women and for the strengthening of international cooperation made at the Fourth World Conference on Women, and reaffirm that adequate financial resources should be committed at the international level for the implementation of the Platform in developing countries, particularly those in Africa and the least developed countries.
Member States would also be called upon to allocate sufficient resources for the provision of data disaggregated by sex and age for undertaking gender impact analyses in order to develop successful national implementation strategies for the Platform for Action. It would be stressed that full and effective implementation of the Platform for Action will require a political commitment to make available human and financial resources. Member States would be invited also to encourage NGOs, the private sector and other institutions to mobilize additional resources to facilitate the full implementation of the Platform.
The Assembly would further call upon Member States to commit themselves to achieving gender balance by aiming at that goal in the composition of delegations to the United Nations and other international forums, and by presenting, promoting and appointing women candidates to all government-appointed committees, boards and other relevant official bodies. It would reiterate that the special session of the General Assembly, which will take place from 5 to 9 June 2000, should review and appraise progress, and decide that the special session shall be entitled "Women 2000: gender equality, development and peace for the twenty-first century". It would invite the Commission on the Status of Women, acting as the preparatory committee for the special session, to propose the agenda and documentation for the event.
The Secretary-General would be requested to report annually to the General Assembly, the Commission on the Status of Women and the Economic and
Third Committee - 8 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
Social Council on follow-up to and progress in implementation of the Beijing Declaration and Platform for Action.
By the terms of a draft resolution on the elimination of all forms of religious intolerance (document A/C.3/53/L.32), the General Assembly would urge States to ensure that their constitutional and legal systems provide effective guarantees of freedom of thought, conscience, religion and belief, including the provision of effective remedies in cases where the right to freedom of religion or belief is violated. It would also urge States to ensure, in particular, that no one within their jurisdiction is, because of his or her religion or belief, deprived of the right to life or the right to liberty and security of person or subjected to torture or arbitrary arrest or detention.
It would further urge States, in conformity with international standards of human rights, to take all necessary action to prevent such instances, to take all appropriate measures to combat hatred, intolerance and acts of violence, intimidation and coercion motivated by religious intolerance and to encourage, through the educational system and by other means, understanding, tolerance and respect in matters relating to freedom of religion or belief. It would reaffirm that freedom of thought, conscience, religion and belief is a human right derived from the inherent dignity of the human person and guaranteed to all without discrimination.
States would be urged to ensure that, in the course of their official duties, members of law enforcement bodies, civil servants, educators and other public officials respect different religions and beliefs and do not discriminate against persons professing other religions or beliefs. They would be called upon to recognize, as provided in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, the right of all persons to worship or assemble in connection with a religion or belief, and to establish and maintain places for those purposes.
The Assembly would encourage the continued efforts of the Special Rapporteur of the Commission on Human Rights on the elimination of all forms of religions intolerance and discrimination, and would encourage governments to give serious consideration to inviting the Special Rapporteur to visit their countries. The Secretary-General would be requested to ensure that the Special Rapporteur receive the necessary staffing, financial and material resources to enable him to discharge his mandate.
When seeking the assistance of the United Nations Programme of Advisory Services and Technical Assistance in the Field of Human Rights, governments would be encouraged to consider including requests for assistance in the field of the promotion and protection of the right to freedom of thought, conscience and religion.
Third Committee - 9 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
The draft is sponsored by Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, El Salvador, Finland, France, Georgia, Germany, Greece, Guatemala, Haiti, Hungary, Iceland, India, Ireland, Israel, Italy, Latvia, Liechtenstein, Luxembourg, Mali, Malta, Mauritius, Monaco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Suriname, Sweden, The former Yugoslav Republic of Macedonia, Tunisia, United Kingdom, United States and Venezuela.
By the terms of a draft resolution on strengthening of the rule of law (document A/C.3/53/L.35), the General Assembly would express its deep concern at the scarcity of means at the disposal of the Office of the High Commissioner for Human Rights for the fulfilment of its tasks. It would welcome the deepening of the ongoing cooperation between the United Nations High Commissioner for Human Rights and other relevant bodies and programmes of the United Nations system, with a view to enhancing system-wide coordination of assistance in human rights, democracy and the rule of law.
The Assembly would encourage the High Commissioner to continue the dialogue with other organs and agencies of the United Nations system, taking into account the need to explore new synergies with a view to obtaining increased financial assistance for human rights and the rule of law. It would also encourage the High Commissioner to continue to explore the possibility of further contact with and support of financial institutions, acting within their mandates, with a view to obtaining technical and financial means to strengthen the capacity of the Office of the High Commissioner to provide assistance to national projects aiming at the realization of human rights and the maintenance of the rule of law.
The High Commissioner would be requested to continue to accord high priority to the technical cooperation activities undertaken by her Office with regard to the rule of law. The Secretary-General would be requested to submit a report to the Assembly at its fifty-fifth session on the results of the contacts established in accordance with the present resolution, as well as any other developments pertaining to the implementation of the above-mentioned recommendations of the World Conference on Human Rights.
The draft resolution is sponsored by: Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burundi, Cameroon, Canada, Cape Verde, Chile, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Guyana, Haiti, Honduras, Iceland, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Lesotho, Liberia, Liechtenstein, Luxembourg, Madagascar, Malawi, Mali, Malta, Marshall Islands, Micronesia, Monaco,
Third Committee - 10 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, San Marino, Slovakia, Slovenia, South Africa, Spain, Sweden, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Ukraine, United Kingdom, United States, Uruguay, Venezuela, Zambia and Zimbabwe.
By the terms of a draft resolution sponsored by Cuba on respect for the right to universal freedom of travel and the vital importance of family reunification (document A/C.3/53/L.36), the Assembly, recalling its resolution 52/121 of December 1997, would once again call upon all States to guarantee to the universally recognized freedom of travel to all foreign nationals legally residing in their territory.
The Assembly would call upon all States to allow, in conformity with international legislation, the free flow of financial remittances by foreign nationals residing in their territory to their relatives in the country of origin. It would also call upon all States to refrain from enacting, and to repeal if it already exists, legislation intended as a coercive measure that discriminates against individuals or groups of legal migrants by adversely affecting family reunification, and the right to send financial remittances to relatives in the country of origin.
The Assembly would decide to continue its consideration of this question at its fifty-fourth session under the item entitled "Human rights questions".
A draft text would have the Assembly adopt 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 (document A/C.3/53/L.37) and request the Secretary-General to include its text in the next edition of Human Rights: A Compilation of International Instruments.
The declaration, which is annexed to the draft resolution, states that everyone has the right, individually and with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. It also declares, for the purpose of promoting and protecting human rights and fundamental freedoms, individually and with others, at the national and international levels, that everyone has the right to meet to assemble peacefully; to form, join and participate in NGOs, associations or groups; and to communicate with non-governmental or intergovernmental organizations. Another article states that everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles, and to advocate their acceptance.
Further, it states that in the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred
Third Committee - 11 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
to in the declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of violation of those rights. To that same end, it declares that everyone whose rights or freedoms are allegedly violated has the right to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law, and to obtain from such an authority a decision, in accordance with law, providing redress, including any compensation due.
In addition, the Assembly would declare that everyone has the right to complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms by petition or other appropriate means to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State. It would declare that everyone has the right to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms.
By other articles of the declaration, the Assembly would state everyone has the right to the lawful exercise of his or her occupation or profession, and everyone who, as a result of his or her profession, can affect the human dignity, human rights and fundamental freedoms of others should respect those rights and freedoms and comply with relevant national and international standards of occupational and professional conduct or ethics. Also, everyone has the right to participate in peaceful activities against violations of human rights and fundamental freedoms, and is entitled to be effectively protected under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms.
The draft resolution is sponsored by: Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Cyprus, Czech Republic, Denmark, Ecuador, El Salvador, Ethiopia, Fiji, Finland, Germany, Greece, Guatemala, Hungary, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Monaco, Netherlands, New Zealand, Norway, Panama, Peru, Portugal, Republic of Korea, Romania, Saint Lucia, San Marino, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden, Thailand, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, United Kingdom, United States and Venezuela.
The General Assembly would reaffirm that extreme poverty and exclusion from society constitute a violation of human dignity and that urgent national and international action is therefore required to eliminate them, by the terms of a draft resolution on human rights and extreme poverty (document A/C.3/53/L.40). Further terms of the draft would also have the Assembly reaffirm that, in accordance with the Vienna Declaration and Programme of
Third Committee - 12 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
Action, it is essential for States to foster participation by the poorest people in the decision-making process in the communities in which they live, in the promotion of human rights and in efforts to combat extreme poverty.
It would emphasize that extreme poverty is a major issue to be addressed by governments, civil society and the United Nations system, including international financial institutions, and would invite States, United Nations bodies, intergovernmental and NGOs to give appropriate attention to the links between human rights and extreme poverty.
The Assembly would also invite the United Nations High Commissioner for Human Rights, within the framework of the United Nations Decade for the Eradication of Poverty, to continue to give appropriate attention to the question of human rights and extreme poverty, and would decide to consider the question further at its fifty-fifth session.
The draft is sponsored by Antigua and Barbuda, Argentina, Azerbaijan, Bangladesh, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Côte d'Ivoire, Cuba, Dominican Republic, Ecuador, El Salvador, Fiji, France, Greece, Guatemala, Guyana, Haiti, India, Israel, Madagascar, Mexico, Monaco, Mongolia, Morocco, Niger, Panama, Paraguay, Peru, Philippines, San Marino, Spain, Suriname, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkey, Uruguay and Venezuela.
By the terms of a draft resolution on extrajudicial, summary or arbitrary executions (document A/C.3/53/L.41), the Assembly would strongly condemn once again all the extrajudicial, summary or arbitrary executions that continue to take place throughout the world. It would demand that all Governments ensure that the practice of extrajudicial, summary or arbitrary executions be brought to an end and that they take effective action to combat and eliminate the phenomenon in all its forms.
The Assembly would reiterate the obligation of all governments to conduct exhaustive and impartial investigations into all suspended cases of extrajudicial, arbitrary or summary executions, to identify and bring to justice those responsible, to grant adequate compensation to the victims or their families and to adopt all necessary measures to prevent the recurrence of such executions. Further, the Assembly would strongly urge all governments to respond to the communications transmitted to them by the Special Rapporteur, and urge them and all others concerned to cooperate with and assist the Special Rapporteur so that she may carry out her mandate effectively, including issuing invitations to the Special Rapporteur when she so requests.
The Special Rapporteur would be urged to continue to draw to the attention of the United Nations High Commissioner for Human Rights such situations of extrajudicial, summary and arbitrary executions as are of
Third Committee - 13 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
particularly serious concern to her or where early action might prevent further deterioration. The Assembly would call upon the governments of all States in which the death penalty has not been abolished to comply with their obligations under relevant provisions of international human rights instruments.
The draft resolution is sponsored by Andorra, Argentina, Armenia, Austria, Belgium, Bulgaria, Canada, Chile, Costa Rica, Côte d'Ivoire, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Sweden, The former Yugoslav Republic of Macedonia and United Kingdom.
By terms of a draft on regional arrangements for the promotion and protection of human rights (document A/C.3/53/L.42), the Assembly would stress the importance of the programme of technical cooperation in the field of human rights. It would also renew its appeal to governments to make use of the possibilities offered under the programme to organize information or training courses at the national level for government personnel on applying international human rights standards.
By the draft, the Assembly would reiterate the recommendation of the World Conference on Human Rights that human rights officers be assigned to United Nations regional offices to disseminate information and to offer training and other technical assistance when requested. It would invite States to take the steps establishing regional machinery for the promotion and protection of human rights. It would request the Commission on Human Rights to continue paying special attention to the most appropriate ways to assist countries of different regions, both through the programme of technical cooperation and through recommendations.
The draft is sponsored by Argentina, Armenia, Australia, Austria, Belarus, Benin, Brazil, Bulgaria, Burkina Faso, Canada, Chile, Costa Rica, Côte d'Ivoire, Croatia, Ecuador, Ethiopia, Finland, France, Germany, Greece, Guatemala, Hungary, Ireland, Israel, Italy, Japan, Lithuania, Madagascar, Malta, Monaco, New Zealand, Poland, Portugal, Romania, Slovenia, South Africa, Togo, Ukraine, United States and Venezuela.
By the terms of a draft resolution on strengthening of United Nations actions in the human rights field through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity (document A/C.3/53/L.44), the General Assembly would call upon Member States to base their activities for the protection and promotion of human rights, including the development of further international cooperation in the field, on the Charter of the United Nations, the Universal Declaration
Third Committee - 14 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and other relevant international instruments, and to refrain from activities that are inconsistent with the international framework. It would reaffirm that it is a purpose of the United Nations and the task of all Member States, in cooperation with the Organization, to promote and encourage respect for human rights and fundamental freedoms, and to remain vigilant with regard to violations of human rights wherever they occur.
The Assembly would consider that international cooperation in the field should make an effective and practical contribution to the urgent task of preventing mass and flagrant violations of human rights and fundamental freedoms for all and to the strengthening of international peace and security. It would reaffirm that the promotion, protection and full realization of all human rights and fundamental freedoms should be guided by the principles of non-selectivity, impartiality and objectivity, and should not be used for political ends.
It would request that all human rights bodies within the United Nations system take duly into account, the contents of the present resolution in carrying out their mandates, and also request the Commission on Human rights to take into account the present resolution and to consider further proposals for the strengthening of United Nations action in the human rights field through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity.
It would stress the continuing need for impartial and objective information on the political, economic and social situations and events of all countries, and would invite Member States to consider adopting the measures they may deem appropriate to achieve further progress in international cooperation in promoting and encouraging respect for human rights and fundamental freedoms. It would also request the Secretary-General to consult Member States, intergovernmental and NGOs on ways and means for the strengthening of United Nations action in the human rights field.
The draft is sponsored by Algeria, Bangladesh, Benin, Botswana, Burundi, China, Colombia, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Dominican Republic, Egypt, El Salvador, Indonesia, Iran, Iraq, Lao People's Democratic Republic, Libya, Malaysia, Mali, Mexico, Mozambique, Myanmar, Namibia, Nigeria, Peru, Rwanda, Syria, Togo, United Republic of Tanzania, Viet Nam, Yemen, Zambia and Zimbabwe.
By terms of a draft on follow-up to the United Nations Year for Tolerance (document A/C.3/53/L.48), the Assembly would welcome the translation and dissemination of the Declaration of Principles on Tolerance into many languages. The Assembly would also welcome the experience gained during the two celebrations of the International Day for Tolerance and would invite
Third Committee - 15 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
Member States and other governmental and non-governmental bodies to continue contributing to the annual celebration. It would invite Member States to continue efforts toward achieving a wider application of the Declaration and would request the United Nations Educational, Scientific and Cultural Organization (UNESCO) to continue as lead agency in promoting tolerance and non-violence. It would request UNESCO to include information on progress made in implementing the follow-up Plan of Action for the United Nations Year for Tolerance in its report on a culture of peace to be submitted to the Millennium Assembly.
The draft is sponsored by Albania, Azerbaijan, Bangladesh, Bosnia and Herzegovina, Costa Rica, Ecuador, Georgia, Guatemala, Israel, Kazakhstan, Kyrgyzstan, Morocco, Peru, Republic of Korea, Turkey, Turkmenistan and Uruguay.
By the terms of a draft resolution on question of resources for the Office of the United Nations High Commissioner for Human Rights and the human rights activities of the United Nations (document A/C.3/53/L.45), the Assembly would request the Secretary-General and call upon competent intergovernmental bodies to take all necessary steps, without delay, to follow up Commission on Human rights resolution 1998/83 and Economic and Social Council decision 1998/275, particularly in the preparation of the proposed programme budget for the biennium 2000 to 2001. It would decide to continue its consideration of this matter at its fifty-fourth session under the agenda item "Human rights questions".
The draft resolution is sponsored by Antigua and Barbuda, Australia, Austria, Bangladesh, Barbados, Botswana, Canada, Chile, Colombia, Costa Rica, Côte d'Ivoire, Ecuador, El Salvador, Finland, Guatemala, Guyana, Hungary, Ireland, Israel, Japan, Lesotho, Liberia, Monaco, Namibia, New Zealand, Norway, Panama, Paraguay, Peru, South Africa, Spain, Suriname, The former Yugoslav Republic of Macedonia, Republic of Korea and Turkey.
Introduction of Drafts
VICTORIA SANDRU (Romania) introduced the resolution on the implementation of the outcome of the Fourth World Conference on Women (document A/C.3/53/L.27). She made the following editorial correction: in operative paragraph 44, in the penultimate line, the words "forty-second" should be replaced by the numeral "43rd".
RICHARD RYAN (Ireland) introduced the draft on the elimination of all forms of religious intolerance (document A/C.3/53/L.32). He said Cameroon and Japan had also joined as co-sponsors.
Third Committee - 16 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
MARCELA MARIA NICODEMOS (Brazil) introduced the resolution on the strengthening of the rule of law (document A/C.3/53/L.35). She said that Guinea-Bissau and Senegal had been added to the list of co-sponsors.
MERCEDES DE ARMAS GARCIA (Cuba) introduced the resolution on respect for the right to universal freedom of travel and the vital importance of family reunification (document A/C.3/53/L.36).
OLEG SEPELEV (Russian Federation) drew attention to the fact that the Russian version of that draft had been issued without a title. He said he trusted that the error would be rectified.
PETTER WILLE (Norway) introduced the resolution on the declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms (document A/C.3/53/L.37). He said that the following countries had also joined as co-sponsors: Armenia, Colombia, Costa Rica, Russian Federation and Uruguay.
NORIA AL-HAMAMI (Yemen) said that the Arabic version of the draft said "declaration", not "resolution".
Committee Chairman ALI HACHANI (Tunisia) said that Croatia, Republic of Moldova, Iceland and France had joined as co-sponsors of the draft resolution.
DAUL MATUTE (Peru) introduced the resolution on human rights and extreme poverty (document A/C.3/53/L.40). He said that Portugal, Italy and Guinea-Bissau had also joined as co-sponsors of the draft.
The Committee Chairman said the following countries had also expressed their intention to become co-sponsors: Cyprus, China, Guinea, Cameroon, Ukraine, Benin, Pakistan, Mali, Sierra Leone, Nepal, Croatia, Burundi, Burkina Faso, Bhutan, Ethiopia and Japan.
JOHAN SCHALIN (Finland) introduced the resolution on extrajudicial, summary or arbitrary executions (document A/C.3/53/L.41). He said that Ukraine had also joined the list of co-sponsors.
DIENEBOU KABA CAMARA (Côte d'Ivoire) said that the French version of the text had been issued with no title.
The Committee Chairman said that Monaco, Panama and Croatia should also be added as co-sponsors.
Before the resolution on regional arrangements for the promotion and protection of human rights (document A/C.3/53/L.42) was introduced, Committee Secretary KATE STARR NEWELL made the following technical correction: she said
Third Committee - 17 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
in the list of the co-sponsors, the main sponsor, Belgium, had been inadvertently omitted from the list.
ARIADNE PETRIDIS (Belgium) then introduced the draft. She said that Cameroon, the former Yugoslav Republic of Macedonia, Philippines and Senegal had joined the list of co-sponsors. She also made the following revision: in the fourth line of operative paragraph 10, after the words "in this context that," the words "the annual intergovernmental workshop for the Asian and Pacific region" should be added.
The Committee Chairman said that Panama, Guinea-Bissau, Mongolia, United Republic of Tanzania, Liberia, Lesotho, Morocco, Mali and Mozambique had joined as co-sponsors.
RODOLFO REYES RODRIGUEZ (Cuba) introduced the draft resolution on the strengthening of United Nations actions in the human rights field through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity (document A/C.3/53/L.44). He said Niger and the Sudan had been added to the list of co-sponsors of the draft.
AHMET ARDA (Turkey) introduced the resolution on the follow-up to the United Nations Year for Tolerance (document A/C.3/53/L.48). He said that Chile, India and the former Yugoslav Republic of Macedonia should be added to the list of co-sponsors.
The Committee Chairman said that the Philippines, Côte d'Ivoire, Bolivia and India should also be added.
HAIKO ALFELD (South Africa) introduced the draft resolution on the report of the United Nations High Commissioner for Human Rights (document A/C.3/53/L.45). He said that the Bahamas, Denmark, Guinea-Bissau, Italy, Malawi, Portugal, Romania, Senegal, Slovenia, Sweden and Trinidad and Tobago had joined the list of co-sponsors.
The Committee Chairman said the following countries should also be included in the list of co-sponsors: Swaziland, Ukraine, Cameroon, United Kingdom, Iceland, Burundi, Benin, Greece, Germany, Madagascar, Luxembourg, Belgium, France, Netherlands, Cyprus, Croatia, Saint Lucia, Liechtenstein and Fiji.
Action
The Committee first took up the draft on the enlargement of the Executive Committee of the Programme of the UNHCR (document A/C.3/53/L.30).
The representative of Mozambique said the word "welcomes" in the third paragraph should be substituted by the word "welcoming".
Third Committee - 18 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
The Committee approved the draft resolution without a vote.
The Committee then turned to the draft resolution on assistance to unaccompanied refugee minors (document A/C.3/53/L.31).
The representative of Sudan, the main sponsor, said the following had joined as sponsors of the draft: Cameroon, Côte d'Ivoire, Ethiopia, Guinea, Guinea-Bissau, Iran, Liberia, Malawi, Niger, Nigeria, United Republic of Tanzania and Sierra Leone.
The draft was approved without a vote.
The Committee turned to a draft resolution on the elimination of racism and racial discrimination (document A/C.3/53/L.18/Rev.1).
The Committee Chairman said a statement on the financial implications of the draft was contained in document A/C.3/53/L.56.
The representative of Slovenia, the main sponsor of the draft, said Ireland had also joined a co-sponsor. Referring to operative paragraph 5 of the draft, she said the words "international instruments on human rights, inter alia, by continuing", should be substituted by "the International Convention on the Elimination of All Forms of Racial Discrimination and takes note of its continuing efforts to improve its working methods". Also, the phrase at the end of the sentence "...which include the process of reviewing the implementation of the Convention in States whose reports are seriously overdue", should be deleted.
Two more countries joined as co-sponsors: Cameroon and Mali.
Speaking before action, the representative of Egypt said her Government joined the consensus and supported the Committee's efforts within its mandate. But she stressed the necessity of cooperation between the monitoring bodies and States. Her Government would register its understanding to operative paragraph 5 of the draft concerning the improvement of the methods of work of the Committee. Its understanding was that the methods of work did not include by all means discussion of reporting by States because that fell outside the mandate of the Committee and any change in that mandate should be taken up with the procedures established by the Conference of the State parties.
The representative of Algeria said her Government recognized the efforts of the Committee on the Elimination of Racial Discrimination to examine the communication emanating from individuals or groups complaining about violations of one of the rights of the Convention. It also supported the efforts of the Committee within the limits of its mandate to promote and apply the provisions of the Convention.
Third Committee - 19 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
Within that framework, the treaty bodies must establish and pursue further dialogue with State parties so that they could better fulfil their obligation and avoid any attitude that would be counterproductive to the furtherance of human rights, she said. Referring to operative paragraph 5, she said the Convention states that the working methods of the Committee could not include debating national reports of States in their absence. That was not part of the mandate and any change in the mandate must agreed upon by the parties. Her Government would join in the consensus but that position should be duly reflected in the resolution.
The Committee approved the draft resolution without a vote, as orally amended.
Speaking after action, the representative of Turkey said the Convention on the Elimination of All Forms of Racial Discrimination was far from addressing the current racial tendencies such as contemporary forms of racism, racial discrimination, xenophobia and related intolerance. For that reason Turkey was not a party to the Convention. However, as a country whose 3 million citizens lived in other countries and were subjected to racist and xenophobic violences, Turkey welcomed attempts to improve the Committee's methods of work so that contemporary forms of racism, racial discrimination, xenophobia and related forms of intolerance could be addressed at least during the presentation of periodic reports by the States parties.
Article 8 of the Convention cited "acknowledged impartiality" as one of the criteria that the members of the Committee must have, he said. The wording of paragraphs 332 and 339 of the Committee's report was an indication that the Committee could sometimes be in a state of total disregard of their "acknowledged impartiality". The language adopted had been used by only one of the parties to the political dispute to unjustly accuse Turkey.
The mandate of the Committee was to monitor the implementation of the Convention, but on reading paragraphs 332 and 339, it was clear the responsibility of the perpetrators of most vicious crimes had been ignored, and his country accused. That attitude of the Committee was totally politically biased and unacceptable.
The representative of the United States said she had joined consensus on the resolution, with the hope the programme budget implications issued in document L.56 would be absorbed by extrabudgetary resources. Concerning reservations to the international conventions, she said her Government continued to support the language and provisions of the Vienna Declaration and Programme of Action. Both allowed for reservations to treaties, provided they were not incompatible with the object and purpose of the Convention.
The representative of Ecuador said her country was among the first to accede to the International Convention on the Elimination of All Forms of
Third Committee - 20 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
Racial Discrimination. It had always supported the resolution on the Convention, But this year, it would withdraw its support because, due to a lack of resources, the Committee could not participate in the preparations for the forthcoming World Conference on Racial Discrimination. She expressed the hope that in the year 2000 there would be a draft that would be satisfactory to all delegations.
The Committee took up the draft resolution on the right of the Palestinian people to self-determination (document A/C.3/53/L.26).
As the main sponsor of the draft resolution, the representative of Egypt said the following countries had joined as co-sponsors: Bangladesh, Burkina Faso, Hungary, Guinea-Bissau, Malta, Niger and Mozambique.
Speaking before action, the representative of the United States said his Government opposed that resolution because, like many others before it, the text again injected the United Nations into the Middle East peace process, and referred to a final status issue that was the subject of direct negotiations among the parties to the conflict.
The United States also opposed the draft because it singled out one group of people for self-determination, even though the Committee last week had adopted a separate resolution on the subject of universal realization of the right of peoples to self-determination, he said. There were numerous other groups of people throughout the world that regarded themselves as being under foreign occupation. Yet, no resolution singled them out for special treatment. The adoption of that politicized resolution would not contribute to a reinvigoration of the peace process. His Government believed it could have the opposite effect and for that reason would vote against it.
The representative of Israel said his Government's vote against the resolution was precisely to preserve the progress made in that direction. At best, the resolution was an outdated relic, ignoring the positive developments on the ground between Israel and the Palestinians. At worst, it threatened the very progress it claimed to support.
The issue belonged at the negotiating table, he said. Direct negotiations had been the key to every diplomatic breakthrough in the Middle East, from the Camp David Accords with Egypt to the Treaty of Peace with Jordan. Those pacts ended decades of hostility and bloodshed, and brought prosperity to their peoples. But because the parties had worked together, not unilaterally. Thus, it was only direct talks between Israel and the Palestinians that paved the way for the Madrid Conference, and later, for the Oslo Agreements. It was only through hours of face to face negotiations that the historic Wye Memorandum had been hammered out last month, setting the conditions for continuing the peace process.
Third Committee - 21 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
If the resolution was adopted, the Third Committee would be participating in a process that completely undermined the Israeli-Palestinian commitments, he said. In both the Oslo and Hebron Accords, as well as in the Wye Memorandum, the two sides had expressly committed themselves to direct negotiations -- as the only legitimate way to determine their final settlement.
Moreover, the Wye Memorandum specifically stated that neither side would initiate or take any step to change the status of the West Bank and the Gaza Strip. That language, concerning any change in the legal status of the disputed territory, was directly taken from the Oslo II Interim Agreement. Thus, advancing that resolution, here or in any other forum, constituted a direct violation of Oslo and the Wye Memorandum, and the cooperative spirit behind them.
Further, he said, the draft resolution was irrelevant because 98 per cent of the Palestinians in the territories today were under the jurisdiction of the Palestinian Authority. They elected their own officials and were administered by Palestinian police and had all the freedom of individual and communal expression that their leaders allowed. Thus, it was somewhat disingenuous that the Third Committee should now call for self- determination that, to all intents and purposes, the Palestinians already had.
The draft on the right of the Palestinian people to self-determination (document A/C.3/53/L.26) was approved by a recorded vote of 146 in favour to 2 against (Israel, United States), with 7 abstentions (Fiji, Georgia, Kenya, Nicaragua, Marshall Islands, Micronesia and Uruguay). (See Annex I.)
Speaking in explanation of the vote after the vote, the representative of Syria said his delegation welcomed the approval of the resolution by a majority of States. That marked the resolve of the international community to work towards the end of the suffering of the Palestinian people. The negotiations that had begun with the Madrid Conference should lead to a just solution. On the land-for-peace negotiations, Israel was responsible for the obstacles in the peace process, as it would not withdraw from occupied areas, nor would it implement the agreements and commitments it had entered into.
The representative of the Russian Federation said his delegation had voted for the resolution as a sponsor of the Middle East peace process, and called for the establishment of an independent Palestinian State, which was the only way to bring about the inalienable rights of the Palestinian people and to ensure the legitimate right of Israel to exist in security.
The representative of Austria, speaking on behalf of the European Union, said she warmly welcomed the signing of the Wye River Memorandum in October. That breakthrough had opened the door to the early resumption of the negotiations on permanent status as foreseen in the Oslo Accords, as well as
Third Committee - 22 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
to the implementation of outstanding commitments under the Interim Agreement. The European Union called on the parties to complete negotiations as soon as possible on those remaining issues under the Interim Agreement still not settled, to start negotiations without delay on final status, and meanwhile to avoid all unilateral acts which could prejudice the final outcome, thus building confidence which was essential for a lasting peace in the region. The Union had therefore co-sponsored the draft.
The Permanent Observer for Palestine said the adoption of that resolution was an important development. The General Assembly had previously adopted resolutions supporting the rights of the Palestinian people, including their right to establish their State. Nevertheless, the resolution was important because it was linked with the principle of self-determination and the absolute right of the Palestinian people to exercise that principle.
Second, it was significant because of the intense and broad support it had received, both in terms of sponsorship and positive votes, he said. The overwhelming vote in favour of the right of the Palestinian people to self- determination, without excluding the option of a State, represented a very important step towards achievement of the main national goal of the Palestinian people -- the establishment of their own independent State. It was unfortunate that the United States once again chose to oppose this resolution.
The real problem remained the Israeli position in that regard and its claim about that resolution in the context of the Middle East peace process, he said. By opposing the right of the Palestinian people to self- determination, Israel was violating the crux of the agreements, namely the mutual recognition between the two sides. Israeli policies were seriously threatening the foundations of the peace process. If Israel believed that process was the vehicle for continued occupation and subjugation of the Palestinian people, they were seriously mistaken. The peace process was the vehicle for the achievement of a real peace and co-existence based on parity and respect for the right to self-determination.
The Committee then took up the draft on the situation of human rights in Iraq (document A/C.3/53/L.34).
The representative of Austria, speaking on behalf of the European Union, said that Chile, Estonia and the Marshall Islands had joined as co-sponsors of that resolution.
Speaking before action, the representative of Egypt said that while stressing the Egyptian Government's commitment to respecting human rights, he called on States not to use human rights as a means to intervene in the internal business of other States. The diversity of cultures must also be taken into account. He emphasized his country's total support of the
Third Committee - 23 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
sovereign rights of each State to adopt domestic legislation. He would abstain from the vote on the draft.
The representative of the Sudan said that regardless of the contents of the resolution, she totally rejected the selectivity and double standards it represented and the politicization of human rights questions. There was no State that was totally free of violations of human rights of its citizens. The reports submitted by some human rights organizations, on which certain States depended as a pretext to condemn certain other States, had also condemned those same accusing States. The selectivity and double standards employed were in themselves a violation of human rights. The Sudan would vote against the resolution, and would vote in the same way on all similar resolutions.
The representative of Yemen said she would not vote on the draft because of the same position of principle of non-participation on similar resolutions, with the exception of those that were approved by consensus. She would make a detailed statement on Yemen's position at a later time.
The representative of Iraq recalled that the draft resolution was an identical version of earlier resolutions in the Commission on Human Rights and in the Third Committee. They were based on political notions that came into being after the situation in Kuwait and the military aggression against Iraq. The content of the draft primarily depended on allegations repeated by the Special Rapporteur on the situation of human rights in Iraq, and his delegation had made its reply to the Special Rapporteur in the Committee on 4 November.
Regarding the draft resolution, as far as the preambular paragraphs were concerned, he said Iraq knew very well its commitments to international instruments, and respected them. As for the fifth preambular paragraph, which recalled a number of Security Council resolutions, he said concerning resolution 688 (1991), the Government had cooperated with humanitarian organizations in all parts of Iraq on the provisions of that resolution, for example with the International Committee of the Red Cross, the United Nations High Commissioner for Refugees, and other governmental and non-governmental organizations. As for resolution 686 (1991) on the missing Kuwaitis, Iraq was also dealing with the International Committee of the Red Cross. Regarding resolution 687 (1991), Iraq was cooperating fully with the terms of that resolution, and in reference to resolutions on the "oil-for food" programme, Iraq was seriously working to implement all applicable provisions.
Concerning the operative paragraphs of the draft, he said that Iraq was also working to implement equal rights. The Iraqi Constitution recognized that the Iraqi people was made up of two distinct nationalities, Arab and Kurd. It also recognized the legitimate rights of minorities, and granted equal rights to all citizens, regardless of their ethnic origin or religion.
Third Committee - 24 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
As for the call on Iraq to cooperate with United Nations human rights mechanisms, in particular by receiving a return visit by the Special Rapporteur, he said that human rights mechanisms were much wider than the Special Rapporteur. Iraq cooperated and worked with many human rights mechanisms, and despite the difficulties imposed upon it in the form of sanctions, Iraq submitted its reports to international human rights treaty bodies, and was totally committed to human rights mechanisms.
The Government of Iraq was committed to sponsoring and encouraging cultural activities, but would restrict the publication of any material that would prejudice its relations with other States, and restricted the circulation of those that were not commensurate with religious and ethical standards, he said. Iraqi law also enforced strict penalties on those who tortured suspects or other people who had been detained. The courts continued to undertake their roles, and the law was respected by legislative branches. If and when mistakes were made, they were followed up on and the offenders held accountable. As for the missing Kuwaitis, Iraq was cooperating with the International Committee of the Red Cross and within the framework of the Tripartite Committee. It had been making serious efforts to solve that humanitarian situation.
As for the implication that there was discrimination in the distribution of humanitarian supplies, he said that was totally untrue. Other agencies and bodies had already testified to the fact that the supplies were fairly distributed. The resolution as a whole was unbalanced because it ignored many measures that had been taken by Iraq, including elections to municipal councils and other elections, and the call for all Iraqis to participate in the national dialogue. The draft was a political resolution, like many others before it. It had nothing to do with human rights, and was a pretext to discredit Iraq and its leadership. He called on all delegates to vote against it.
The representative of the Russian Federation said the Third Committee should work towards an objective assessment of the human rights situations in many countries, and should identify areas in which improvements could be made. Not all provisions of the draft responded to the criteria by which the Committee should operate, and he therefore called for a separate recorded vote to be held on operative paragraphs 4, 13, 15 and 17, as a block. His delegation would abstain on such a vote.
The representative of Fiji said he would abstain from voting on the resolution.
The operative paragraphs 4, 13, 15 and 17 of the draft on the situation of human rights in Iraq were approved by a recorded vote of 88 in favour to 1 against (Libya), with 55 abstentions. (See Annex II.)
Third Committee - 25 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
The Committee then approved the resolution as a whole by a recorded vote of 92 in favour to 2 against (Libya and the Sudan), with 56 abstentions. (See Annex III.)
Speaking in explanation of vote, the representative of Syria said his Government had abstained because the draft included an attempt to divide Iraq into Shi'a and Kurds -- as in operative paragraph 13. That had to be absolutely rejected. Syria opposed any compromise to any attempts to interfere with the territorial integrity of Iraq, under any pretext of human rights.
The draft did not mention the Turkish occupation of large parts of Iraq, he said. In operative paragraph 3, the draft resolution stated the Government of Iraq was called upon to cooperate with United Nations human rights mechanisms and to allow the stationing of human rights monitors throughout Iraq. But that institutional system of monitoring constituted interference in the internal affairs of States.
The representative of Kuwait said her country was a co-sponsor of the resolution concerning human rights in Iraq. It was sad to note the conclusions and recommendation of the Special Rapporteur. It was clear that serious human rights violations were going on in Iraq, which violated the principle of respect for human dignity. She asked about people who could not be found, including Kuwaiti prisoners, but also people of other countries.
She said there had been a lack of cooperation from Iraq with the working group and other competent bodies. That included the request to the Iraqi Government to release citizens of other countries. Iraq had not cooperated with the Tripartite Commission, which had urged Iraq to locate citizens who were still prisoners and victims of Iraqi occupation.
Rights of Reply
AHMET ARDA (Turkey), speaking in exercise of the right of reply, in response to the explanation of vote by the representative of Syria, said Turkey did not invade nor occupy Iraq. The territorial integrity of Iraq was important to Turkey. But it was Iraq's problem if it could not control its territory. The way to control a territory was by ensuring security provisions. Turkey could not allow attacks from Syrian territory to be launched against Turkey.
(annexes follow)
Third Committee - 26 - Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
ANNEX I
Vote on Right of Palestinian People to Self-Determination
The draft resolution on the right of the Palestinian people to self- determination (document A/C.3/53/L.26) was approved by a recorded vote of 146 in favour to 2 against, with 7 abstentions, as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, France, Germany, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syria, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Zimbabwe.
Against: Israel, United States.
Abstain: Federated States of Micronesia, Fiji, Georgia, Kenya, Marshall Islands, Nicaragua, Uruguay.
Absent: Comoros, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gabon, Gambia, Ghana, Grenada, Honduras, Liberia, Mauritius, Palau, Papua New Guinea, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Seychelles, Tajikistan, Turkmenistan, Uganda, Uzbekistan, Vanuatu, Zambia.
(END OF ANNEX I)
Third Committee 27 Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
ANNEX II
Vote on Paragraphs 4, 13, 15, and 17 of L.34*
The paragraphs 4, 13, 15 and 17, of the draft on the situation of human rights in Iraq (document A/C.3/53/L.34*) was adopted by a recorded vote of 88 in favour to 1 against, with 55 abstentions, as follows:
In favour: Albania, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Barbados, Belgium, Belize, Bolivia, Botswana, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Federated State of Micronesia, Finland, France, Georgia, Germany, Greece, Guatemala, Guyana, Haiti, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malawi, Maldives, Malta, Marshall Islands, Monaco, Mongolia, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Saint Lucia, Samoa, San Marino, Saudi Arabia, Senegal, Slovakia, Slovenia, Solomon Islands, Spain, Swaziland, Sweden, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkey, Ukraine, United Kingdom, United States, Uruguay, Venezuela, Zambia.
Against: Libya.
Abstain: Algeria, Angola, Bangladesh, Belarus, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, China, Colombia, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, Eritrea, Fiji, Ghana, Guinea, India, Indonesia, Jordan, Lao People's Democratic Republic, Madagascar, Malaysia, Mali, Mauritania, Mexico, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Pakistan, Philippines, Russian Federation, Rwanda, Sierra Leone, Singapore, South Africa, Sri Lanka, Sudan, Suriname, Syria, Thailand, Togo, Tunisia, United Arab Emirates, Viet Nam, Zimbabwe.
Absent: Afghanistan, Bahrain, Benin, Bhutan, Chad, Comoros, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gabon, Gambia, Grenada, Guinea-Bissau, Honduras, Iran, Kenya, Lebanon, Lesotho, Mauritius, Oman, Palau, Papua New Guinea, Qatar, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Seychelles, Turkmenistan, Uganda, United Republic of Tanzania, Uzbekistan, Vanuatu, Yemen.
(END OF ANNEX II)
Third Committee 28 Press Release GA/SHC/3509 47th Meeting (PM) 16 November 1998
ANNEX III
Vote on Situation of Human Rights in Iraq
The draft resolution on the situation of human rights in Iraq (document A/C.3/53/L.34*) was approved by a recorded vote of 92 in favour to 2 against, with 56 abstentions, as follows:
In favour: Albania, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Federated States of Micronesia, Finland, France, Georgia, Germany, Greece, Guatemala, Guyana, Haiti, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malawi, Maldives, Malta, Marshall Islands, Mexico, Monaco, Mongolia, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Samoa, San Marino, Saudi Arabia, Senegal, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Swaziland, Sweden, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkey, Ukraine, United Kingdom, United States, Uruguay, Venezuela, Zambia.
Against: Libya, Sudan.
Abstain: Algeria, Angola, Bahrain, Bangladesh, Benin, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, China, Colombia, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, Eritrea, Fiji, Ghana, Guinea, India, Indonesia, Jordan, Kenya, Lao People's Democratic Republic, Lebanon, Madagascar, Malaysia, Mali, Mauritania, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Pakistan, Philippines, Rwanda, Saint Lucia, Sierra Leone, Singapore, Sri Lanka, Suriname, Syria, Thailand, Togo, Tunisia, United Arab Emirates, United Republic of Tanzania, Viet Nam, Zimbabwe.
Absent: Afghanistan, Chad, Comoros, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gabon, Gambia, Grenada, Guinea-Bissau, Honduras, Iran, Lesotho, Mauritius, Oman, Palau, Papua New Guinea, Qatar, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Seychelles, Tajikistan, Turkmenistan, Uganda, Uzbekistan, Vanuatu, Yemen.
* *** *