THIRD COMMITTEE APPROVES BY VOTE DRAFTS ON SITUATIONS OF HUMAN RIGHTS IN IRAN, KOSOVO

18 November 1998

Press Release
GA/SHC/3511

THIRD COMMITTEE APPROVES BY VOTE DRAFTS ON SITUATIONS OF HUMAN RIGHTS IN IRAN, KOSOVO

19981118 Also Urges States to Refrain from Unilateral Coercive Measures, Committee Approves 14 Draft Resolutions Without Vote, Four Texts Introduced

The General Assembly would welcome the commitment made by the Government of Iran to promote respect for the rule of law, including the elimination of arbitrary arrest and detention, and to reform the legal and penitentiary system, under the provisions of one of 14 draft resolutions approved by the Third Committee (Social, Humanitarian and Cultural) this afternoon.

Approved by a recorded vote of 63 in favour to 35 against, with 60 abstentions, that text would also have the Assembly call upon the Government of Iran to ensure that capital punishment will not be imposed for other than the most serious crimes. (For details of the vote, see Annex III.)

Speaking in explanation of vote, the representative of the Sudan rejected categorically the use of double standards and selectivity in dealing with the situation of human rights in Iran. Also, she said there was no international law that criminalized capital punishment, which was explicitly provided for in the Sharia.

By another text approved, the Assembly would urge the authorities of the Federal Republic of Yugoslavia and the ethnic Albanian leadership in Kosovo to enter immediately into a meaningful dialogue, without preconditions and with international involvement, and to commit themselves to a clear timetable, leading to an end of the crisis there. That draft was approved by a vote of 115 in favour to 3 against (Belarus, India, Russian Federation), with 34 abstentions. (See Annex IV.)

The representative of the Russian Federation said his country had voted against the draft resolution as it was unacceptable to consider the human rights situation without taking into account territorial belonging, adding that the Committee should not encourage separatism, even indirectly. That was insufficiently reflected in the resolution.

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By a vote of 104 in favour to 44 against, with 10 abstentions (Armenia, Azerbaijan, Cyprus, Jordan, Kazakhstan, Kyrgyzstan, Malta, Marshall Islands, Ukraine and Uzbekistan), a draft was approved that would have the Assembly urge all States to refrain from adopting or implementing unilateral measures not in accordance with international law, in particular those of a coercive nature with all their extraterritorial effects, which create obstacles to trade among States, thus impeding the realization of the right to development. (See Annex II.)

A draft on the effective implementation of international human rights instruments, which was approved without a vote, would have the Assembly emphasize the need to ensure financing and adequate staff and information resources for the operations of the human rights treaty bodies.

Operative paragraph 26 of that draft was approved by a vote of 93 votes in favour to 7 against (Cuba, Democratic People's Republic of Korea, Egypt, India, Iran, Libya and Syria), which was requested by Cuba's representative. That paragraph would have the Assembly note that efforts continue to be made at coordination and cooperation between the human rights treaty bodies and the special rapporteurs, representatives, experts and working groups of the Commission on Human Rights.

Acting without a vote, the Committee approved 10 other drafts. Under their provisions, the Assembly would:

-- Condemn all acts that pose a threat to the personal security and well-being of refugees and asylum-seekers, and call upon all States of refuge to take all necessary measures to ensure respect for the principles of refugee protection;

-- Reaffirm that extreme poverty and exclusion from society constitute a violation of human dignity, and that urgent national and international action is required to eliminate them;

-- Stress that Governments have the primary responsibility for implementing the Beijing Declaration and Platform for Action, and would call upon States to take action to fulfil commitments for the advancement of women;

-- Call upon the Haitian authorities to mobilize the political will for the pursuit of reform and for the strengthening of the judicial system, and express deep concern at the prolonged political stalemate in the country;

-- Reaffirm that any act of enforced disappearance is an offence to human dignity and a grave and flagrant violation of human rights and fundamental freedoms;

-- Call upon Governments to accord priority to the dissemination in their relevant national and local languages of the Universal Declaration

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of Human Rights, the International Covenants on Human Rights and other human rights instruments, materials and training manuals;

-- Welcome the announcement by General Abdulsalami Abubakar of a new programme of transition to civilian rule and note with satisfaction the commitment of the Government of Nigeria to fully restore democracy, the rule of law and respect for human rights;

-- Call upon States and interested international organizations to provide appropriate forms and levels of support for the practical implementation of the Programme of Action adopted by the Regional Conference to Address the Problems of Refugees in the Countries of the Commonwealth of Independent States;

-- Urge all States to become parties to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment as a matter of priority and to comply strictly with their obligations under it, including the submission of reports; and

-- Call on Governments and other actors to ensure strict adherence to accepted humanitarian norms and principles and to promote national and international legislation responsive to actual and potential humanitarian problems.

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

-- Request the Secretary-General to assist the Government of Cambodia in ensuring the protection of the human rights of all people in Cambodia;

-- Endorse the Universal Declaration on the Human Genome and Human Rights adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) on 11 November 1997;

-- Call upon Governments and the international community to strengthen the emergency response capacity of the United Nations system and to continue to provide needed resources and operational support to refugees and countries of asylum in Africa; and

-- Stress the need for enhanced international human rights efforts to foster and effect the prompt and voluntary return of displaced persons and refugees in safety and dignity.

Introduction of the drafts on the enhancement of international cooperation in the field of human rights, and on the right to development, which was due to have taken place this afternoon, was postponed.

The Committee will meet again at 3 p.m. tomorrow, 19 November, to continue its deliberations.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to take action on texts concerning follow-up to the regional conference to address the problems of refugees, displaced persons, other forms of involuntary displacement and returnees in the countries of the Commonwealth of Independent States (CIS) and relevant neighbouring States; the new international humanitarian order; and the Office of the United Nations High Commissioner for Refugees.

Also, drafts on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights; torture and other cruel, inhuman or degrading treatment or punishment; human rights and extreme poverty; the question of enforced or involuntary disappearances; the United Nations Decade for Human Rights Education, 1995-2004, and public information activities in the field of human rights; the situation of human rights in Iran; the situation of human rights in Haiti; the situation of human rights in Nigeria; the situation of human rights in Kosovo; and the follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform for Action.

It was also scheduled to hear the introduction of texts relating to assistance to refugees, returnees and displaced persons; situation of human rights in Cambodia; human genome and human rights; enhancement of international cooperation in the field of human rights; the right to development; and the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia.

Drafts for Action

Under the provisions of a draft text on the follow-up to the Regional Conference to Address the Problems of Refugees, Displaced Persons, Other Forms of Involuntary Displacement and Returnees in the Countries of the Commonwealth of Independent States and Relevant Neighbouring States (document A/C.3/53/L.52), the Assembly would invite all countries that have not yet done so to accede to and implement fully the 1951 Convention and the 1967 Protocol relating to the status of refugees. It would also call upon States and interested international organizations, in a spirit of solidarity and burden- sharing, to provide appropriate forms and levels of support for the practical implementation of the Programme of Action adopted by the Conference, and invite international financial and other institutions to contribute to the financing of projects and programmes within the framework of the implementation of the Programme of Action.

The Assembly would call upon Governments of the countries of the Commonwealth of Independent States (CIS), in cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR), the International

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Organization for Migration (IOM) and the Organization for Security and Cooperation in Europe (OSCE) to strengthen their efforts and mutual cooperation relating to the follow-up to the Conference, and welcome the positive results achieved by them in the implementation of the Programme of Action of the Conference.

Countries of the CIS would be invited to intensify bilateral and subregional cooperation in maintaining the balance of commitments and interests in the process leading up to the implementation of the Programme of Action, and their Governments would be called upon to continue to strengthen their commitments to the principles underpinning the Programme, in particular human rights and refugee protection principles.

The Assembly would welcome the progress made in building civil society, in particular through the development of the non-governmental sector, the development of cooperation between non-governmental organizations and the Governments of a number of countries of the CIS; and encourage the involvement of intergovernmental and non-governmental organizations in the follow-up to the Conference.

The draft is sponsored by Armenia, Austria, Belarus, Belgium, Canada, Denmark, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Japan, Kyrgyzstan, Luxembourg, Netherlands, Norway, Portugal, Russian Federation, Spain, Sweden, Tajikistan, Turkmenistan, United Kingdom and United States.

By terms of a draft on the new international humanitarian order (document A/C.3/53/L.54), the Assembly would invite Governments to make available to the Secretary-General information and expertise on humanitarian problems of special concern in order to identify opportunities for future action. The Assembly would also call on Governments and other actors to ensure strict adherence to accepted humanitarian norms and principles and to promote national and international legislation responsive to actual and potential humanitarian problems. The Independent Bureau for Humanitarian Issues would be invited to reinforce its activities and the Secretary-General would be requested to maintain contact with all actors.

The draft is sponsored by Azerbaijan, Bahrain, Bangladesh, Bosnia and Herzegovina, Cameroon, Central African Republic, Costa Rica, Côte d'Ivoire, Djibouti, Ecuador, Egypt, El Salvador, Guatemala, Honduras, Jordan, Kenya, Kuwait, Kyrgyzstan, Monaco, Morocco, Oman, Pakistan, Panama, Philippines, Qatar, Slovenia, Sudan, Turkmenistan, United Arab Emirates and Yemen.

By the terms of a 110-power draft resolution on the Office of the United Nations High Commissioner for Refugees (document A/C.3/53/L.55), the Assembly would condemn all acts that pose a threat to the personal security and well- being of refugees and asylum-seekers such as refoulement, unlawful expulsion

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and physical attacks, and call upon all States of refuge to take all necessary measures to ensure respect for the principles of refugee protection. It would also urge States to uphold the civilian and humanitarian character of refugee camps and settlements, by means including the prevention of infiltration of armed elements, and identifying and separating armed elements from refugees.

It would call upon States and all concerned parties to refrain from any actions that prevent or obstruct the staff of the Office of the High Commissioner and other humanitarian personnel from performing the functions required under their mandates and to take all possible measures to safeguard their physical security and property. States and relevant organizations would be further urged to support the High Commissioner's search for durable solutions to refugee problems, including voluntary repatriation, and integration in the country of asylum, reaffirming that voluntary repatriation is the preferred solution. They would be called upon to promote conditions conducive to the voluntary repatriation of refugees in safety and with dignity, including conditions furthering reconciliation and long-term development in countries of return, and to support the sustainable reintegration of returnees by providing countries of origin with necessary rehabilitation and development assistance.

In addition, the Assembly would urge States, in cooperation with the Office of the High Commissioner and other relevant organizations, to explore and fully support capacity-building initiatives as part of a comprehensive approach to addressing refugee issues, and to take necessary measures to promote sustainable development and to ensure the success of capacity-building activities. It would call upon them to adopt an approach that is sensitive to gender-related concerns, and would urge States and relevant parties to respect and to observe principles of international human rights, humanitarian and refugee law that are of particular relevance to safeguarding the rights of the child and adolescent refugees.

States would also be called upon to demonstrate their international solidarity and burden-sharing with countries of asylum through efforts aimed at continuing to alleviate the burden borne by States, in particular developing countries, countries in transition and countries with limited resources that, due to their location, host large numbers of refugees and asylum-seekers.

The draft is sponsored by Afghanistan, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Barbados, Belarus, Belgium, Belize, Benin, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Central African Republic, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea-Bissau, Guyana, Haiti, Hungary, Iceland,

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India, Ireland, Israel, Italy, Japan, Kenya, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Marshall Islands, Monaco, Morocco, Mozambique, Namibia, Netherlands, New Zealand, Niger, Nigeria, Norway, Panama, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Senegal, Sierra Leone, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Suriname, Sweden, Thailand, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Uganda, Ukraine, United Kingdom, United States, Zambia and Zimbabwe.

Under the provisions of a draft resolution on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (document A/C.5/53/L.22/Rev.1), the Assembly -- recalling that the effectiveness of the human rights treaty bodies in encouraging the realization by States parties of their obligations under United Nations human rights instruments requires constructive dialogue, which should be based on the reporting process and aimed at identifying solutions to human rights problems -- would emphasize the need to ensure financing and adequate staff and information resources for the operations of human rights treaty bodies. It would call upon the Secretary- General to make the most efficient use of existing resources and to seek the resources necessary to give those bodies adequate administrative support and better access to technical expertise and relevant information.

It would reaffirm the need for human rights treaty bodies to better complement each other in their work; welcome their continuing efforts aimed at streamlining and rendering more transparent their work; and urge the Secretary-General, the treaty bodies and the meetings of persons chairing the treaty bodies to continue to examine ways of reducing the duplication of reporting required under different instruments and of generally reducing the reporting burden on States parties. It would also take note with appreciation of the efforts of the persons chairing the treaty bodies to propose appropriate reforms of the reporting system.

The importance of providing technical assistance to a State, upon its request, in the process of ratifying human rights instruments and for the preparation of its initial reports would also be underlined.

The Assembly would reiterate its concern about the increasing backlog of reports on the implementation of human rights instruments; about delays in consideration of reports by the treaty bodies; and about the large number of overdue reports. It would again urge States parties to make every effort to meet their reporting requirements, and invite States parties that have been unable to comply with reporting requirements to avail themselves of technical assistance. They would also be urged to provide follow-up to the observations and final comments of the treaty bodies.

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The Assembly would decide to continue to give priority consideration, at its fifty-fifth session, to the conclusions and recommendations of the meetings of persons chairing human rights treaty bodies.

The draft is sponsored by Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Chile, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Georgia, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Portugal, Romania, San Marino, Slovakia, South Africa, Spain, Sweden and United Kingdom.

By terms of a draft resolution on torture and other cruel, inhuman or degrading treatment or punishment (document A/C.3/53/L.23), the Assembly would urge all States to become parties to the Convention against Torture as a matter of priority and to comply strictly with their obligations under it, including the submission of reports. It would urge States parties to the Convention to take fully into account the conclusions and recommendations made by the Committee against Torture after its consideration of their reports. The Assembly would stress the need for regular exchanges of views between all relevant parties with a view to enhancing effectiveness and cooperation on issues related to torture.

Requesting the Secretary-General to assist the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture in its appeal for contributions, the Assembly would further request the Secretary-General to ensure the provision of adequate staff and facilities for the bodies and mechanisms combating torture and assisting its victims. Further, the Assembly would invite countries to integrate matters related to the prevention of torture into their programmes and projects related to the training of security forces.

The draft is sponsored by Argentina, Australia, Austria, Azerbaijan, Belgium, Bulgaria, Canada, Chile, Costa Rica, Côte d'Ivoire, Cyprus, Czech Republic, Denmark, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Monaco, Morocco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Sweden, The former Yugoslav Republic of Macedonia and the United Kingdom, United States and Venezuela.

According to a statement on the financial implications of the above draft (document A/C.3/53/L.62), an additional provision would be required over and above the resources approved under section 22, Human rights, of the programme budget for the biennium 1998-1999. 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 2000-2001.

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By terms of a draft 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 unilateral measures not in accordance with international law and the Charter of the United Nations, in particular those of a coercive nature with extraterritorial effects. The Assembly would urge the Commission on Human Rights to take into account the negative impact of unilateral coercive measures, including enactment of national laws and their extraterritorial application, in its work regarding the right to development.

The United Nations High Commissioner for Human Rights would be requested to consider the resolution in her annual report to the General Assembly and the Secretary-General would be requested to solicit views regarding it. Also by the draft, the Assembly would examine the issue at its next session under the sub-item dealing with alternative approaches for enjoyment of human rights and fundamental freedoms.

The draft is sponsored by South Africa on behalf of the Non-Aligned Movement.

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 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 non-governmental organizations 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, Benin, Bhutan, Bolivia, Brazil, Burkino Faso, Burundi, Cameroon, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Dominican Republic, Ecuador, El Salvador, Ethiopia, Fiji, France, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, India, Israel, Italy, Japan, Madagascar, Mali, Mexico, Monaco, Mongolia, Morocco, Nepal, Niger,

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Pakistan, Panama, Paraguay, Peru, Philippines, Portugal, San Marino, Sierra Leone, Spain, Suriname, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkey, Ukraine, Uruguay and Venezuela.

By the terms of a resolution on the question of enforced or involuntary disappearances (document A/C.3/53/L.46), the Assembly would reaffirm that any act of enforced disappearance is an offence to human dignity and a grave and flagrant violation of human rights and fundamental freedoms. It would call upon Governments to take steps to ensure that, when a state of emergency is introduced, the protection of human rights is ensured, in particular as regards the prevention of enforced disappearances, and once again urge Governments concerned to take steps to protect the families of disappeared persons against any intimidation or ill-treatment to which they might be subjected. States would be encouraged to provide concrete information on measures taken to give effect to the Declaration on the Protection of All Persons from Enforced Disappearance, as well as obstacles encountered; States would be requested to consider disseminating the text of the Declaration in national and local languages.

Under further terms of the text, the Assembly would recall the importance of the Working Group on Enforced or Involuntary Disappearances, the primary role of which is to act as a channel of communication between the families of disappeared persons and the Government concerned; invite the Group to continue to identify obstacles to the realization of the provisions of the Declarations and to recommend ways of overcoming those obstacles; encourage the Group to continue to consider the question of impunity; and request the Group to pay the utmost attention to cases of children subjected to enforced disappearance and children of disappeared persons.

The Assembly would appeal to the Governments concerned to cooperate fully with the Group, and express its profound thanks to the many Governments that have cooperated with it. It would call upon the Commission on Human Rights to continue to study this question and to take any necessary steps in pursuing the tasks of the Group. It would renew its request to the Secretary-General to continue to provide the Group with all the facilities it requires to perform its functions. He would also be requested to keep it informed of the steps he takes to secure dissemination and promotion of the Declaration.

The draft is sponsored by Andorra, Argentina, Australia, Austria, Bangladesh, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Central African Republic, Chile, Côte d'Ivoire, Cyprus, Denmark, Fiji, Finland, France, Germany, Greece, Ireland, Israel, Italy, Luxembourg, Monaco, Netherlands, Norway, Republic of Korea, San Marino, Sierra Leone, Slovakia, Spain and United Kingdom.

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By the terms of a draft resolution on the United Nations Decade for Human Rights Education, 1995-2004, and public information activities in the field of human rights (document A/C.3/53/L.50), the Assembly would urge all Governments to contribute further to the implementation of the Decade's Plan of Action, in particular by establishing, in accordance with national conditions, broadly representative national committees for human rights education, taking into consideration the guidelines developed by the Office of the United Nations High Commissioner for Human Rights within the framework of the Decade. The Assembly would urge Governments to encourage, support and involve national and local non-governmental and community-based organizations in the implementation of their national plans of action.

Also by the draft, the Assembly would call upon Governments to accord priority to the dissemination in their relevant national and local languages of the Universal Declaration of Human Rights, the International Covenants on Human Rights and other human rights instruments, materials and training manuals, as well as reports of States parties under the human rights treaties, and to provide information and education in those languages on how national and international institutions and procedures may be utilized to ensure the effective implementation of those instruments.

The Assembly would also urge the Department of Public Information to continue to utilize United Nations information centres for the timely dissemination of basic information, reference and audio-visual materials on human rights and fundamental freedoms, including the reports of States parties under human rights instruments, and to ensure that the information centres are supplied with adequate quantities of those materials.

It would further stress the need for close collaboration between the Office of the High Commissioner and the Department of Public Information in the implementation of the Plan of Action and the World Public Information Campaign on Human Rights and the need to harmonize their activities with those of other international organizations such as UNESCO with regard to its project entitled "Towards a culture of peace" and the International Committee of the Red Cross and relevant non-governmental organizations, with regard to the dissemination of information on international humanitarian law.

The Assembly would call upon the international, regional and national non-governmental organizations and intergovernmental organizations, in particular those concerned with women, labour, development, food, housing, education, health care and the environment, as well as all other social justice groups, human rights advocates, educators, religious organizations and the media, to undertake specific activities of formal, non-formal and informal education, including cultural events, on its own and in cooperation with the Office of the High Commissioner, in implementing the Plan of Action. Governments and organizations would be urged to continue the human rights education and public information work undertaken in the context of the

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commemoration of the fiftieth anniversary of the Universal Declaration of Human Rights, such as the development of materials, the elaboration of programmes and the establishment of networks, beyond 10 December 1998, as called for by the Commission on Human Rights in its resolution 1998/45 of 17 April. The Assembly would encourage the Commission on Human Rights to consider jointly the question of the United Nations Decade for Human Rights Education, 1995-2004, and public information activities in the field of human rights, including the World Public Information Campaign on Human Rights.

The draft resolution is sponsored by Australia, Bangladesh, Belarus, Bolivia, Canada, Chile, Costa Rica, Ecuador, Ethiopia, Greece, Guatemala, Israel, Italy, Japan, Lesotho, Liberia, Mali, Mongolia, Morocco, Mozambique, Namibia, Netherlands, Nigeria, Panama, Paraguay, Republic of Korea, Slovenia, Solomon Islands, South Africa, The former Yugoslav Republic of Macedonia, United States and Zimbabwe.

By the terms of a draft resolution on the situation of human rights in Iran (document A/C.3/53/L.38), the Assembly would welcome the commitment made by the Government of that country to promote respect for the rule of law, including the elimination of arbitrary arrest and detention, and to reform the legal and penitentiary system, including the closure of detention centres outside the national prison system, and to bring it into line with international human rights standards in the field.

It would call upon the Government to continue its efforts and to abide by its freely undertaken obligations under the International Covenants on Human Rights and other international instruments on human rights, and to ensure that all individuals within its territory and subject to its jurisdiction, including persons belonging to religious minorities, enjoy all the rights enshrined in those instruments; to ensure that capital punishment would not be imposed for other than the most serious crimes, for apostasy, or otherwise in disregard of the provisions of the International Covenant on Civil and Political Rights and United Nations safeguards; and to make full use of technical cooperation programmes in the field of human rights. The willingness of the Government to introduce international human rights standards into the curricula of universities would be welcomed.

Also welcomed would be the interim report of the Special Representative of the Commission on Human Rights on the situation of human rights in Iran. The Assembly would take note of his conclusion that a political will exists to move Iranian society to a more tolerant and more peaceful condition but that, while some sectors are already benefiting from that progress, significant violations of human rights continue to occur. It would deplore the fact that no invitation has yet been extended to the Special Representative to visit the country. The Government would be called upon to extend an invitation to him and to resume its full cooperation with the Special Representative in the discharge of his mandate.

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The Assembly would welcome the more open debate in Iran on issues of governance and human rights, by further terms of the draft, as well as governmental efforts to make progress in the area of freedom of expression, while remaining concerned at instances of arbitrary closure of publications, widely reported cases of harassment and persecution of persons, including writers and members of the press. The more positive approach by the Government with regard to freedom of assembly, as well as the support given to the development of non-governmental organizations would be welcomed. The Assembly would express its hope that freedom for political activities will become more effective.

Concern would be expressed at the continuing violations of human rights in Iran, in particular executions in the apparent absence of respect for internationally recognized safeguards, the use of national security laws as a basis for derogating from the rights of the individual, cases of torture and cruel, inhuman or degrading treatment or punishment, including sentences of stoning and amputation, as well as the failure to meet international standards in the administration of justice and the absence of due process of law. Concern would be expressed at the discrimination against religious minorities and grave concern expressed at the unabated pattern of persecution against the Baha'is, in particular the execution and sentencing to death and arrests of members of the Baha'i community. The Government would be called upon to implement the recommendations of the Special Rapporteur of the Commission on Human Rights on religious intolerance relating to the Baha'is and to other religious minorities.

The resolution is sponsored by Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Spain, Sweden, United Kingdom and United States.

Under the provisions of a draft text on human rights in Haiti (document A/C.3/53/L.43), the Assembly would call upon the Haitian authorities to mobilize the political will for the pursuit of reform and for the strengthening of the judicial system and the improvement of the country's prisons. It would welcome the decision of the Government of Haiti to distribute throughout the country the report of the National Commission for Truth and Justice of February and to initiate legal action in serious cases; encourage it to continue its work on the reform of the judicial system and call upon all sectors of Haitian society concerned to adopt coordinated measures with a view to the enhancement of the justice system.

The Assembly would express its deep concern at the prolonged stalemate in the country which presents considerable risks for democracy, economic and social development and respect for human rights, and urge the authorities and

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political leaders to continue their efforts to resolve the crisis so that the appointment of a Prime Minister may be ratified by the Parliament without further delay. It would note with satisfaction the putting into operation by the Government of Haiti of the Office of Citizen Protection, and invite the United Nations High Commissioner for Human Rights to contribute to its strengthening, through a programme of technical support.

The international community would be invited to continue their involvement in the reconstruction and development of Haiti, having regard for the fragility of the political, social and economic situation of the country. The Government would be encouraged to ratify the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocols to the International Covenant of Civil and Political Rights.

The draft is sponsored by Andorra, Antigua and Barbuda, Argentina, Austria, Bahamas, Barbados, Bolivia, Canada, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Finland, France, Germany, Greece, Guatemala, Guyana, Haiti, Ireland, Italy, Japan, Luxembourg, Mexico, Monaco, Netherlands, Norway, Panama, Paraguay, Peru, Portugal, Spain, Sweden, United Kingdom, United States, Uruguay and Venezuela.

Under the terms of a draft on the situation of human rights in Nigeria (document A/C.3/53/L.51), submitted by the Chairman of the Committee on the basis of informal consultations, the General Assembly would welcome the announcement by General Abdulsalami Abubakar of a new programme of transition to civilian rule and note with satisfaction and fully support the commitment of the Government of Nigeria to fully restore democracy, the rule of law and respect for human rights. It would call upon all States and the organizations of the United Nations system to support generously the ongoing transitional process in Nigeria, in particular the electoral process and the strengthening of national capacity in the field of human rights.

It would welcome the fact that the Government is reviewing the remaining decrees and urge it to repeal urgently those which have an impact on the fundamental rights of its citizens, and would note with satisfaction the establishment of the Independent National Electoral Commission and the issuance of a detailed timetable for the election process.

It would welcome the invitations extended by the Government of Nigeria to the United Nations, the Organization of African Unity, the Commonwealth and the European Union to provide electoral assistance and observe the elections; the declared commitment of the Government to protect freedom of expression, particularly freedom of the press; and the release of political prisoners, including the 20 detainees from Ogoni.

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The Assembly would also stress that the establishment and strengthening of national structures and institutions in the field of human rights are of utmost importance, and commend the National Human Rights Commission for its work.

By further terms, the Assembly would welcome the decision of the European Union, the Commonwealth and the Government of the United States to start lifting sanctions on Nigeria in the light of progress made. It would call upon the Government of Nigeria to abide by its freely undertaken obligations under international human rights instruments, and to follow up the recommendations in the interim of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Nigeria. It would also welcome the invitation extended to the Special Rapporteur to visit the country.

By the terms of a draft resolution on the situation of human rights in Kosovo (document A/C.3/53/L.61), the Assembly would call upon the Government of the Federal Republic of Yugoslavia to respect fully all human rights and fundamental freedoms and to abide by democratic norms, especially in regard to respect for the principle of free and fair elections, the rule of law, the administration of justice, free and fair trials and the promotion and protection of free and independent media. The Assembly would call upon the authorities of the Federal Republic of Yugoslavia and the ethnic Albanian leadership in Kosovo to condemn acts of terrorism, denounce and refrain from all acts of violence, encourage the pursuit of goals through peaceful means, and respect international humanitarian law and international human rights standards.

The authorities of the Federal Republic of Yugoslavia and the Kosovo Albanian leadership would be urged to enter immediately into a meaningful dialogue, without preconditions and with international involvement, and to commit themselves both to a clear timetable, leading to an end of the crisis, and to a negotiated political settlement of the issue of Kosovo. The current efforts aimed at facilitating such a dialogue would be welcomed. The Assembly would strongly condemn the overwhelming number of human rights violations committed by the authorities of the Federal Republic of Yugoslavia, the police and military authorities in Kosovo, in breach of international humanitarian law including the Geneva Conventions of 1949 and Protocol II to the Conventions relating to the protection of victims of non-international armed conflicts, including summary executions, indiscriminate and widespread attacks on civilians, the taking of civilian hostages, torture and other cruel, inhuman or degrading treatment. The authorities of the Federal Republic of Yugoslavia would be called upon to take all measures necessary to eliminate those unacceptable practices.

The Assembly would condemn the violence by armed ethnic Albanian groups, in particular against non-combatants, including kidnappings and would strongly

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condemn the denial of appropriate access to Kosovo of non-governmental organizations, the manipulation and denial of relief and basic foodstuffs, and the denial of medical care to wounded civilians. It would call upon the authorities of the Federal Republic of Yugoslavia to take all measures necessary to eliminate those unacceptable practices.

The Assembly would deeply deplore the killing of humanitarian aid workers, as reported by the Secretary-General, and would call upon all parties, in particular those of the Federal Republic of Yugoslavia, to clear the area of all landmines and booby-traps and to work with the relevant international bodies to that end. Further, the Federal Republic of Yugoslavia would be called upon to establish a local police force in Kosovo under local or communal direction; to abide by the principle that no person will be prosecuted in state courts for crimes related to the conflict in Kosovo, except for crimes against humanity, war crimes and other crimes covered by international law; to allow complete, unimpeded access to Kosovo for all forensic experts of the International Criminal Tribunal for the Former Yugoslavia, to examine the recently alleged atrocities against civilians; to mitigate the punishments of and where appropriate to amnesty the ethnic Albanians in Kosovo sentenced for criminal offenses motivated by political aims; and to respect fully all the rights of individuals in Kosovo, whatever their ethnic, cultural or religious backgrounds, so as to guarantee equitable treatment of their values and historic patrimony and so as to preserve and permit expression of their national, cultural, religious and linguistic identities in accordance with international standards and the Helsinki Final Act.

The Assembly would further call upon the authorities of the Federal Republic of Yugoslavia to open to public observation all trials or criminal prosecutions against all those charged in relation to the conflict in Kosovo, and would also call upon those same authorities to make possible the establishment of genuine democratic self-governance in Kosovo, through a negotiated political settlement with representatives of the ethnic Albanian community, as called for by the Security Council in its resolutions, to include executive, legislative and judicial bodies and police, and in so doing to respect the rights of Kosovar Albanians and all who live in Kosovo, and expresses its support for an enhanced status for Kosovo, which would include a substantially greater degree of autonomy.

The Assembly would call upon the authorities of the Federal Republic of Yugoslavia and armed Albanian groups to refrain from any harassment and intimidation of journalists; to work closely with and support the mission to Kosovo of the Personal Representative of the Chairman-in-Office of the OSCE and with the Kosovo Verification Mission; to investigate and prosecute in all cases where so warranted, notably those cases concerning its personnel, anyone suspected of torture and ill-treatment of persons held in detention; and to release all political prisoners, to allow unimpeded access by non-governmental

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organizations and international observers to those prisoners who remain in detention, and to cease the persecution of political leaders and members of local human rights organizations.

Further, the Assembly would call upon the Federal Republic of Yugoslavia and ethnic Albanian leaders to allow for and facilitate the free and unhindered return to their homes, in safety and dignity, of all internally displaced persons and refugees, and express its concern about reports of continuing harassment or other impediments in that regard. It would also call upon that Government and all others concerned to guarantee the unrestricted access of humanitarian organizations and the United Nations High Commissioner for Human Rights to Kosovo.

The Assembly would demand that the authorities of the Federal Republic of Yugoslavia and the Kosovo Albanian leadership and all others concerned cooperate fully with the Tribunal and honour all of their obligations towards it, by providing full and free access to Kosovo for the investigators of the Tribunal. It would request the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia to monitor closely the situation of human rights in Kosovo, to pay special attention to Kosovo in his reporting and to report his findings to the Commission on Human Rights at its fifty-fifth session and to the General Assembly at its fifty-fourth session.

The draft resolution is sponsored by Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Costa Rica, Denmark, Djibouti, Finland, France, Germany, Greece, Hungary, Ireland, Israel, Italy, Japan, Jordan, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Slovenia, Spain, Sweden, United Kingdom and United States.

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 machineries 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

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rights of women into the mainstream of United Nations system-wide activity, and to address those issues regularly and systematically throughout relevant Untied Nations bodies and mechanisms.

The Assembly would direct all its committees and bodies and draw the attention of other bodies of the Unites Nations system to the need to mainstream a gender perspective systematically into all areas of their work, in particular 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, in particular 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 non-governmental organizations, 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

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Social Council on follow-up to and progress in implementation of the Beijing Declaration and Platform for Action.

Drafts for Introduction

By the terms of a draft resolution submitted by the United Republic of Tanzania, on behalf of the African Group of States, on assistance to refugees, returnees and displaced persons in Africa (document A/C.3/53/L.53), the Assembly would urge States and the international community to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence of armed elements. The Assembly would express deep concern at the serious and far-reaching consequences of large numbers of refugees and displaced persons in the receiving countries and the implications for security, long-term socio-economic development and the environment.

The Assembly would call upon the Office of the High Commissioner for Refugees and other concerned entities to intensify protection activities by, among other things, supporting the efforts of African Governments through appropriate capacity-building activities, including training of relevant officers, disseminating information about refugee instruments and principles and providing financial, technical and advisory services to accelerate the enactment or amendment and implementation of legislation relating to refugees. It would appeal to Governments, the United Nations, intergovernmental and non- governmental organizations and the international community to create conditions to facilitate the voluntary return in safety and dignity and the early rehabilitation and reintegration of refugees, and would also appeal to the international community to respond in the spirit of solidarity and burden- sharing, to the third-country resettlement requests of African refugees.

The Assembly would call upon the Office of the High Commissioner to continue to work closely with the Organization of African Unity (OAU) and Member States at identifying solutions to all outstanding refugee problems. It would express concern about the long stay of refugees in certain African countries and would call upon the Office of the High Commissioner to keep its programmes under review in conformity with its mandate in the host countries, taking into account the increasing requirements there. The Assembly would urge the international community to continue to fund the general refugee programmes of the Office of the High Commissioner, taking into account the substantially increased needs of programmes in Africa.

The Assembly would call upon Governments, United Nations agencies, non- governmental organizations and the international community as a whole to strengthen the emergency response capacity of the United Nations system and in the context of burden-sharing to continue to provide needed resources and operational support to refugees and countries of asylum in Africa until a durable solution can be found. It would further call upon the international donor community to provide increased material and financial assistance to the

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countries of asylum for the implementation of programmes intended for the rehabilitation of the environment, infrastructure and other sectors, affected by refugees in countries of asylum.

The Office of the High Commissioner would be called upon to make renewed efforts to ensure that the rights, needs and dignity of elderly refugees are fully respected and addressed through appropriate programme activities. That same call would be made upon the Secretary-General, the Office of the High Commissioner and intergovernmental, regional and non-governmental organizations, in conjunction with States, to increase the capacity for coordination and delivery of humanitarian emergency assistance and disaster relief.

Finally, the Assembly would request the Secretary-General to submit a comprehensive report on the situation of refugees, returnees and displaced persons in Africa to the General Assembly at its fifty-fourth session, taking fully into account the efforts expended by countries of asylum, and to present an oral report to the Economic and Social Council at its substantive session of 1999.

By the terms of a draft text on the situation of human rights in Cambodia (document A/C.3/53/L.39), the Assembly would express grave concern about numerous instances of violations of human rights, including extrajudicial executions, torture, illegal arrest and detention, and violence in relation to political activities, as detailed in the reports of the Special Representative, during the recent election campaign and its immediate aftermath, and would call upon the Government of Cambodia to investigate urgently and prosecute, in accordance with due process of the law and international standards relating to human rights, all those who have perpetrated human rights violations.

The Assembly would also express grave concern at the situation of impunity in Cambodia and stress that addressing the continuing problem of impunity, as detailed by the Special Representative, including the repeal of article 51 of the 1994 Law on Civil Servants, and bringing to justice those responsible for human rights violations, together with ensuring security of persons and rights of association, assembly and expression, remains a matter of critical and urgent priority.

The Assembly would condemn the use of racist rhetoric and acts of violence against ethnic minorities, especially Cambodians of Vietnamese ethnicity, detailed in the report of the Special Representative, and urge all political parties in Cambodia to abstain from statements or activities that could be interpreted as incitement against ethnic minorities. It would stress the need for the Government of Cambodia to improve the implementation of the freedoms laid down in the Cambodian Constitution with regard to the operation of a free electronic and print media and the security of persons and rights of

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association, assembly and expression, in view of the critical role they play in the effective functioning of a multi-party democracy.

The Assembly would endorse the comments of the Special Representative that the most serious human rights violations in Cambodia in recent history have been committed by the Khmer Rouge, and note with concern that no Khmer Rouge leaders have been brought to account for their crimes. It would note with serious concern the prevalence of child labour in Cambodia and call on that Government to ensure adequate health and safety conditions and access to education for working children and to outlaw the worst forms of child labour.

The Assembly would urge the Government of Cambodia to take all appropriate measures to eliminate discrimination against women, including in the political and public life of the country, to combat violence against women in all its forms, and to take all steps to meet its obligations as a party to the Convention on the Elimination of All Forms of Discrimination against women, including by seeking technical assistance.

The Assembly would express grave concern at the devastating consequences and destabilizing effects of the use of anti-personnel landmines in Cambodian society, and encourages the Government to continue its support and efforts for the removal of those mines, including the work of the Cambodian Mine Action Centre. It would commend donor countries for their contributions and assistance to the Centre, and urge the Government to give priority to banning all anti-personnel landmines. Further, the Assembly would decide to continue its consideration of the situation of human rights in Cambodia at its fifty- fourth session.

The draft resolution is sponsored by Andorra, Australia, Austria, Canada, Finland, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Romania, Spain, Sweden, United Kingdom and United States.

By the terms of a resolution on the human genome and human rights (document A/C.3/53/L.49), the Assembly, aware of the rapid development of the life sciences and of ethical concerns raised by certain of their applications with regard to the dignity of the human race and the rights and freedoms of the individual, would endorse the Universal Declaration on the Human Genome and Human Rights adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) on 11 November 1997.

The draft is sponsored by Andorra, Antigua and Barbuda, Armenia, Azerbaijan, Bahrain, Bangladesh, Barbados, Benin, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Chile, Congo, Côte d'Ivoire, Cuba, Cyprus, Democratic Republic of the Congo, Dominican Republic, Ethiopia, Fiji, France, Gabon, Georgia, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Hungary, India, Indonesia, Ireland, Italy,

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Japan, Kazakhstan, Lao People's Democratic Republic, Lebanon, Lithuania, Madagascar, Mali, Mauritania, Monaco, Morocco, Myanmar, Niger, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, San Marino, Senegal, Spain, The former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Uruguay, Uzbekistan and Venezuela.

Under the provisions of a draft resolution on the enhancement of international cooperation in the field of human rights (document A/C.3/53/L.57), the Assembly would call upon Member States, intergovernmental organizations and the specialized agencies to continue to carry out constructive dialogue and consultations for the enhancement of understanding and the promotion and protection of all human rights and fundamental freedoms, and encourage non-governmental organizations to contribute actively to that endeavour. It would invite States and all relevant United Nations human rights mechanisms and procedures to pay continued attention to the importance of mutual cooperation, understanding and dialogue in ensuring the promotion and protection of all human rights; and it would decide to continue the consideration of that question at its fifty-fourth session.

The resolution is sponsored by South Africa (on behalf of the Non- Aligned Movement) and China.

By the terms of draft resolution on the right to development (document A/C.3/L.58), the Assembly would reiterate the importance of the Vienna Declaration and Programme of Action, which affirms the right to development, as established by the Declaration on the Right to Development, as a universal and inalienable right and an integral part of fundamental human rights. It would emphasize that the serious problem of the foreign debt burden remains one of the most critical factors adversely affecting economic, social, scientific and technical development and living standards in many developing countries, with serious effects of a social nature.

The Assembly would express its concern that official development assistance (ODA) has fallen for five consecutive years, from 0.33 per cent in 1992 to 0.22 per cent in 1997, its lowest level ever, with serious consequences for the realization of the right to development in developing countries, and urge the developed countries to reverse that trend in accordance with the commitment undertaken to fulfil as soon as possible the agreed United Nations target of 0.7 per cent of their gross national product (GNP) for ODA. It would call upon the developed countries to mobilize further resources for development assistance in a spirit of cooperation and solidarity. It would also express concern that, while developing countries constitute the majority of the membership of the international economic, monetary and financial institutions which form an integral part of the decision-making process at the global level on macroeconomic policy issues, their institutionalized lack of participation has far-reaching impacts on the

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world economy, often with negative implications for the exercise of the right to development in developing countries.

The Assembly would further express concern that the volatility of short- term capital flows and the weaknesses of the international financial system can have negative consequences on the realization of the right to development. It would call upon the Commission on Human Rights to continue to make proposals to the General Assembly, through the Economic and Social Council, on the future course of action on the question, in particular on practical measures for the implementation and enhancement of the Declaration on the Right to Development, including comprehensive and effective measures to eliminate obstacles to its implementation.

The Assembly would recognize that the fiftieth anniversary of the Universal Declaration of Human Rights provides an important opportunity to place all human rights at the top of the human rights agenda, and in that context, the right to development in particular. It would decide, on the occasion of the fiftieth anniversary of the Universal Declaration of Human rights, to include the Declaration on the Right to Development in the International Bill of Human Rights. Further, it would call upon the Secretary-General to take necessary measures in that regard, among other things, through the publication of the modified International Bill of Human Rights and to ensure the widespread dissemination thereof.

The Assembly would urge States to give consideration to the preparation of a convention on the right to development as one of the most important steps towards the effective realization of the right to development. It would encourage all States to address, within the declarations and programmes of action adopted by the relevant international conferences convened by the United Nations, the elements for the promotion and protection of the principles of the right to development as set out in the Declaration on the Right to Development.

The draft resolution is sponsored by South Africa, on behalf of members of the Movement of Non-Aligned Countries, and China.

By the terms of draft resolution on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (document A/C.3/53/L.60), the Assembly would call for an immediate end to illegal and/or hidden detention by all parties, in particular the Federal Republic of Yugoslavia, and request the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia to investigate any and all allegations of hidden detainees. The Assembly would call upon all parties and States in the region to ensure that the promotion and protection of human rights and effective, functioning democratic institutions will be

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central elements in the new civilian structures, as reaffirmed at the meetings of the Steering Board and the Peace Implementation Conference.

The Assembly would urgently call upon all States and all parties to the Peace Agreement that have not done so to meet their obligations to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia, as required by Security Council resolution 827 (1993) and all subsequent related resolutions, including with respect to surrendering persons indicted by the International Tribunal, and urge all States to cooperate fully with the Tribunal and its organs, including obligation of States to comply with requests for assistance, or orders issued by a Trial Chamber, by helping to ensure that persons indicted by the Tribunal stand trial before it, and urge the Secretary-General to support the Tribunal to the fullest extent possible.

The Assembly would strongly condemn the continuing refusal of the authorities in the Federal Republic of Yugoslavia as well as those responsible in the Republika Srpska to comply with their obligation to arrest and transfer to the custody of the International Tribunal those indicted known to be present in their territories or territories under their control, among others, Radovan Karadzic, Ratko Mladic, Milan Martic, Mile Mrksic, Miroslav Radic and Veselin Sljivancanin, and urge all parties to the Peace Agreement to comply fully with their obligations and to intensify their efforts in that regard. It would call upon all parties to the Peace Agreement to take immediate steps to determine the identity, whereabouts and fate of missing persons, among others, near Bugojno, Srebrenica, Zepa, Prijedor, Sanski Most and Vukovar, including through close cooperation with the United Nations, as well as with humanitarian organizations and independent experts, and stress the importance of coordination in that area.

Regarding Bosnia and Herzegovina in part I of the resolution, the Assembly would express serious concern about continuing human rights violations within Bosnia and Herzegovina and delays in the full implementation of the human rights provisions of the Peace Agreement, notably in bringing legislation into compliance with the human rights provisions of the country's national Constitution, and in implementing that legislation. It would urge the authorities of Bosnia and Herzegovina, in particular those in the Republika Srpska, to ensure full and free access to all institutions and organizations concerned with the implementation of the present resolution, including non-governmental organizations, and to provide for the protection of the above-mentioned organizations, especially those providing humanitarian assistance.

The Assembly would call upon the Commission on Human Rights for Bosnia and Herzegovina (the "Commission") to intensify its activities concerning alleged or apparent discrimination or violations of human rights of any kind. It would also call upon all authorities in Bosnia and Herzegovina to cooperate fully with the Commission, and specifically call upon the Republika Srpska to

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increase its cooperation with the Commission. It would urge all parties in Bosnia and Herzegovina immediately to create conditions conducive to the voluntary return, in safety and dignity, of refugees and internally displaced persons to their homes, with equal emphasis on minority returns, to pass quickly in Bosnia and Herzegovina the necessary legislation on property rights, to pursue the full and speedy implementation of new property and housing legislation enacted in the Republika Srpska in April, to cooperate with and support the work of the Commission for Real Property Claims of Displaced Persons to resolve outstanding property claims, and to end practices of discrimination based on ethnic or political grounds.

It would call for the establishment without delay in the Republika Srpska of institutions for the protection of human rights, in particular a human rights ombudsman.

In part II, concerning the human rights situation in the Republic of Croatia, the Assembly would urge Croatia to implement fully its Programme for the Re-establishment of Confidence, Acceleration of Return and Normalization of Living Conditions in the War-affected Areas of the Republic of Croatia and its refugee return programme in cooperation with the Office of the United Nations High Commissioner for Refugees, and demand that Croatia take immediate steps to facilitate the minorities return to their homes in all regions, to use all available means to assure their safety and human rights, to resolve property rights issues within the framework of the rule of law and in conformity with international standards, to make a sustained effort to provide equal access to assistance in social and housing reconstruction, regardless of ethnicity, to continue to allow access to that population by humanitarian organizations and to maintain its cooperation with the civilian police monitors mandated by the OSCE in Croatia.

The Assembly would call upon the Government of Croatia to undertake greater efforts to adhere to democratic principles and to continue its efforts to attain the highest level of compliance with international norms and standards of human rights and fundamental freedoms, especially in regard to strengthening the independence of its judiciary, to freedom of association and assembly, and to the promotion and protection of free and independent media, in particular by providing for the full freedom of expression in and access to all forms of media.

The Assembly would strongly urge the impartial application of the law by Croatia and the swift and complete implementation of judicial decisions for all citizens, irrespective of ethnicity, religion or political affiliation. It would call upon Croatian authorities to prevent harassment, looting and physical attacks against displaced Serbs and other minorities, and in particular to end all involvement by Croatian military and police officials in such incidents, and speedily to arrest those committing or instigating acts of violence and intimidation aimed at preventing the return of Croatian Serbs or

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others to their homes. It would call upon the Government of Croatia to ensure the non-discriminatory application of the amnesty law and to strengthen measures to end all forms of discrimination by Croatian authorities in the areas of property rights, employment, education, pensions and health care, among others.

The Assembly would, regarding the situation of human rights in the Federal Republic of Yugoslavia, in part III of the draft, call upon the authorities of the Federal Republic of Yugoslavia to end any torture and other cruel, inhuman or degrading treatment or punishment of persons in detention, as described in the reports on the Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, and to bring those responsible to justice. It would strongly urge the Government of the Federal Republic of Yugoslavia to institutionalize democratic norms, especially in regard to respect for the principle of free and fair elections, the rule of law, the administration of justice, the promotion and protection of free and independent media, and full respect for human rights and fundamental freedoms, and call upon the authorities in the Federal Republic of Yugoslavia specifically to repeal repressive laws on universities and the media.

The Government of the Federal Republic of Yugoslavia would be demanded to immediately cease all harassment and hindrance of journalists, whatever their ethnicity or national origin and wherever within the Federal Republic of Yugoslavia they may be practising their professions, repeal repressive laws on universities and the media, which suppress any and all internal dissent or expression of independent views, and concomitantly respect the right of free speech. It would urge all parties, groups and individuals in the Federal Republic of Yugoslavia to act with full respect for human rights, to refrain from all acts of violence and to act with respect for the rights and dignity of all persons belonging to minority groups.

The Assembly would strongly urge the authorities of the Federal Republic of Yugoslavia immediately to bring to justice any persons, in particular those of its personnel, who have engaged in or authorized human rights abuses against the civilian population, including summary executions, indiscriminate attacks on civilians, indiscriminate destruction of property, mass forced displacement of civilians, the taking of civilian hostages, torture and other cruel, inhuman or degrading treatment or punishment and, in that context, remind the Government of the Federal Republic of Yugoslavia of its obligations to cooperate fully with the International Tribunal for the Former Yugoslavia and the United Nations High Commissioner for Human Rights.

The Assembly would further call upon the Federal Republic of Yugoslavia to revoke all discriminatory legislation and to apply all other legislation without discrimination against any ethnic, national, religious or linguistic group, to ensure the speedy and consistent investigation of acts of

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discrimination and violence against refugees and internally displaced persons, and to ensure the arrest and punishment of those responsible for acts of discrimination and violence. It would also call upon the Government of the Federal Republic of Yugoslavia to respect the rights of all persons belonging to minority groups, especially in the Sandjak and Vojvodina, and of persons belonging to the Bulgarian minority, and support the unconditional return of the long-term missions of the OSCE, as called for by the Security Council in its resolutions 855 (1993) and 1160 (1998).

The Assembly would further call upon the Government of the Federal Republic of Yugoslavia to respect the democratic process and to act immediately to enable the establishment of genuine democratic self-governance in Kosovo, through a negotiated political settlement with representatives of the ethnic Albanian community, to cease all restrictions on freedom of expression or assembly, to ensure that all the residents of the region are guaranteed equal treatment and protection regardless of ethnic affiliation, and call upon all individuals or groups in Kosovo to resolve the crisis there through peaceful means.

It would demand that the Federal Republic of Yugoslavia take immediate steps to allow for and to create conditions for the return of internally displaced persons and refugees in safety and dignity. It would call upon the authorities of the Federal Republic of Yugoslavia to cooperate fully with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations to alleviate the suffering of refugees and internally displaced persons and to assist in their unimpeded return to their homes. It would call upon States to consider additional voluntary contributions to meet the pressing human rights and humanitarian needs in the area, and underline the need for continued coordination among States, international organizations and non-governmental organizations of initiatives and programmes with the aim of avoiding duplication, overlap and working at cross-purposes.

The draft resolution is sponsored by Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Czech Republic, Djibouti, Finland, France, Hungary, Israel, Italy, Japan, Jordan, Kuwait, Latvia, Lithuania, Luxembourg, Monaco, Morocco, Netherlands, Portugal, San Marino, Slovenia, Spain, Turkey, United Kingdom and United States.

Statements

When the Committee met, ELISSAVET STAMATOPOULOU from the Office of the High Commissioner for Human Rights responded to questions raised previously by representatives of Cuba and China regarding procedures on the awarding of human rights prizes and the need for transparency. She said the human rights prizes had been established in 1966, and the first prizes awarded in 1968. Her Office requested heads of State to forward nominees. Based on those

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nominations, her office, as a facilitator of the process, transmitted the names of the nominees to the selection committee, which made the decisions.

In accordance with an Assembly resolution, the selection committee was made up of, among others, the President of the General Assembly and chairpersons of the Human Rights Commission, the Subcommission for the Prevention and Protection of Minorities, the Economic and Social Council and the Committee on the Status of Women. She said the decision had been to keep the names confidential until 10 December, when the awards would be announced. The prizes would be presented by the President of the General Assembly or by the Secretary-General. The matter had nothing to do with the Third Committee, and so there was no point in debating it here.

RODOLFO REYES RODRIGUEZ (Cuba) said the decision on the awards had been made in the Third Committee and the matter was therefore within the Committee's mandate. Further, according to resolution, the criteria for selecting the award winners should be on the basis of transparency. That issue was properly one that could be put before the Third Committee; it was not a beauty contest, but an award given in the name of the United Nations.

REN YISHENG (China) asked if the General Assembly would make the decision when the human rights prizes were given on 10 December. He asked if, on that date, the prize would be given before consultations with the Third Committee.

Ms. STAMATOPOULOU, citing Assembly resolution 2217/XXI of 1996, said the decision would be left to the selection committee. On 10 December there would be an announcement of the awards and decisions that would not be submitted for the deliberation of the plenary.

Mrs. N.A. MDOE (United Republic of Tanzania), on behalf of the African Group, introduced the draft resolution on the Report of the United Nations High Commissioner for Refugees: questions relating to refugees and displaced persons and humanitarian questions (document A/C.3/53/L.53)

Yemen joined as a co-sponsor of the draft.

LEE KERR (Australia) introduced the draft resolution on the situation of human rights in Cambodia (document A/C.3/53/L.39), with the following countries as additional co-sponsors: Belgium, Costa Rica, Denmark, Germany, Latvia, Liechtenstein and Portugal.

She made the following amendments: operative paragraph 4 to read: "Welcomes the holding of national elections by the Government of Cambodia on 26 July 1998 and its efforts to ensure the safety of national and international observers of the elections".

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Operative paragraph 4 bis: "Noting that the elections demonstrated the clear desire of the Cambodian people for democracy; stressing the need for the constructive engagement of all parties in order to fulfil the objective of the elections, and the formation of an elected, constitutional government; and, in this context, welcoming the agreement reached between political parties to convene the National Assembly and to establish a coalition government";

Operative paragraph 6 amended to read: "Further welcomes the role of national non-governmental organizations in educating voters and providing observers at polling stations, and of international observers during the recent elections; and takes note of the statements of the joint international observer group regarding the polling and counting processes of the elections".

YVES DOUTRIAX (France) introduced the draft resolution on human genome and human rights (document A/C.3/53/L.49), noting that these countries had joined as co-sponsors: Bahamas, Belize, Croatia, Ghana, Honduras, Iraq, Luxembourg, The former Yugoslav Republic of Macedonia, Panama and Thailand.

The representative of Syria said there was an error in the Arabic translation in the title of the document; inclusion of a word which translated as "flower" was a mistake.

Also joining as co-sponsors of the draft were: Djibouti, Tunisia, Slovakia, Sierra Leone, Burundi and Nepal.

GLENN CARLE (United States) introduced the draft resolution on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (document A/C.3/53/L.60), noting that these countries had joined as co-sponsors: Norway, Australia, Liechtenstein, Iceland, Slovakia, Denmark, Germany, Greece, Ireland and Sweden.

Two other countries, Pakistan and Estonia, had also joined as co- sponsors.

Action on Drafts

The Committee took up the draft resolution on the follow-up to the Regional Conference to Address the Problems of Refugees, Displaced Persons, Other Forms of Involuntary Displacement and Returnees in the Countries of the Commonwealth of Independent States and Relevant Neighbouring States (document A/C.3/L.52). The representative of the Russian Federation said that Iceland, Israel and The former Yugoslav Republic of Macedonia had also joined as co- sponsors of the draft.

The Committee approved the draft without a vote.

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The representative of Ukraine said that as in previous years, his country had not joined the co-sponsors of the draft. It had taken an active part in the Conference and considered that the outcome of the Conference was a good basis for national and international cooperation. Ukraine had already expressed its commitments on the follow-up to the Conference and Programme of Action. The resolution related only to an entity that did not have the status of a legal entity nor a geographical region, and therefore Ukraine disassociated itself from the fourth and fifth preambular paragraphs and from operative paragraphs 2, 6, 7 and 9 of the draft resolution.

The Committee then turned to the draft resolution on the new international humanitarian order (document A/C.3/53/L.54), to which Malaysia and Israel joined the list of co-sponsors.

The representative of Austria, speaking on behalf of the European Union, said the Union had proposed a number of amendments to the draft, which had been taken up by the main sponsor, Jordan. However, the resolution should in the future be taken up in the humanitarian section of the Economic and Social Council. On that understanding, the Union would support the text.

The draft resolution was approved without a vote.

The Committee then turned to the draft resolution on the Office of the United Nations High Commissioner for Refugees (document A/C.3/53/L.55). The representative of Sweden said that Kyrgyzstan, Federated States of Micronesia and Togo should be added to the list of co-sponsors. Eritrea and Sudan also signalled their intention to join as co-sponsors of the draft.

The draft resolution was approved (as previously orally revised) without a vote.

The representative of Singapore said she supported the general thrust of the resolution, but had reservations on operative paragraph 5. That paragraph reaffirmed that everyone had the right to seek and enjoy in other countries asylum from persecution and called upon all States to refrain from taking measures that jeopardized the institution of asylum, in particular by returning or expelling refugees or asylum seekers contrary to international standards. She said Singapore had never recognized the unrestricted right to asylum, based on its geographical limitations. Rather, it was better to acknowledge the realities that were contained in the resolution.

The Committee then turned to the resolution on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (document A/C.3/53/L.22/Rev.1)

KATE STARR NEWELL, Committee Secretary, read out a statement noting that various paragraphs of the draft referred to administrative and budgetary

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matters, in particular operative paragraphs 6 (a), (b) and (c), where the Secretary-General would be requested or called upon to provide adequate resources in respect of each human rights treaty body; to seek the resources necessary to give the human rights treaty bodies adequate administrative support and better access to technical expertise and relevant information; and to seek, in the next biennium, the resources within the United Nations regular budget necessary to give human rights treaty bodies adequate administrative support and better access to technical expertise and relevant information.

She said such requests by the Third Committee were at variance with the established procedures that applied in respect of administrative and budgetary matters. The attention of the Committee was drawn to the provisions of General Assembly resolution 45/248, part B, Section VI, in which the Assembly reaffirmed that the Fifth Committee was the appropriate Main Committee of the General Assembly entrusted with responsibilities for administrative and budgetary questions; reaffirmed also the role of the Advisory Committee on Administrative and Budgetary Questions (ACABQ); expressed its concern at the tendency of its substantive Committees and other intergovernmental bodies to involve themselves in administrative and budgetary matters; and invited the Secretary-General to provide all intergovernmental bodies with the required information regarding procedures for administrative and budgetary matters.

Further, she added, the question of allocating resources in the programme budget for the biennium 2000 - 2001 needed to be seen in the context of the proposed Budget Outline, contained in document A/53/220. The Fifth Committee was shortly to adopt recommendations in that regard, bearing in mind the priorities already approved by the General Assembly.

Committee Chairman ALI HACHANI (Tunisia) said he hoped that the observations of the Fifth Committee had been clearly heard by all delegates, and well understood and digested. Another draft resolution with similar financial implications had recently been taken up in the Third Committee, and that had led to a lively discussion in the Fifth Committee. The draft resolution to be acted on today should be approved with full awareness of all the facts.

The representative of Canada said that the Republic of Korea, the Russian Federation and The former Yugoslav Republic of Macedonia had also joined as co-sponsors of the draft.

She made an oral amendment, replacing operative paragraph 32 with the following: "also welcomes the contribution of the human rights treaty bodies, within their mandates, to the prevention of violations of human rights, in the context of their consideration of reports submitted under the respective treaties;"

Monaco and Israel also joined the list of co-sponsors.

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The representative of Syria, referring to the financial implications of the draft, asked whether the statement read out by the Secretary could be circulated as an official document, as was the case with the financial implications of draft A/C.3/53/L.23, which was to be considered with that draft resolution.

The Committee Chairman asked whether the representative of Syria was asking for deferment of action on the current draft resolution. The representative of Syria said he had no such request, but had made the suggestion as a method of the Committee's work in the future.

The representative of Cuba called for a separate recorded vote on operative paragraph 26 of the draft (A/C/C.3/53/L.22.

[Operative paragraph 26 of the draft reads: "notes that efforts continue to be made at coordination and cooperation between the human rights treaty bodies and the special procedures, rapporteurs, representatives, experts and working groups of the Commission on Human Rights and the Subcommission on Prevention of Discrimination and Protection of Minorities, all acting within their respective mandates;"]

The representative of Cuba invited all members of the Committee to examine operative paragraph 26 of the draft. He said an attempt was being made to impose coordination and cooperation on the organs within their mandates, but the concept was unacceptable because neither the bodies created under human rights treaties nor human rights organs were entities with autonomy. Coordination should be undertaken by the body that had authority over both sets of organs and bodies: the General Assembly. Treaty bodies must work in a transparent way, that was part of their mandate. The various human rights organs had mandates of a different scope from the treaty bodies. The cooperation suggested in operative paragraph 26 would put in jeopardy their effectiveness and efficiency. In including that paragraph, the co-sponsors of the draft had chosen confrontation over cooperation, and his delegation would vote against it.

The representative of India said he valued the human rights treaty body system as a healthy means for the promotion and protection of human rights. He fully understood the need to coordinate and cooperate, but must it also be borne in mind that the two systems were distinct and had different tracks. The relationship between the treaty bodies and the Governments was the key issue. That was a direct relationship that should inspire trust and confidence. The Commission on Human Rights, on the other hand, was more political, and both systems were different, each with its own advantages. The two systems functioned in a healthy way and very well. They should not be mixed up. He was disappointed that the co-sponsors had maintained their attitude, and would have to vote against the paragraph in the interests of the functioning of the system.

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The representative of Canada speaking on a point of order, said that had his delegation realized there would be such a lengthy debate on that paragraph, he would have explained the merits of the paragraph before the voting process had started.

Operative paragraph 26 of the resolution was approved by a recorded vote of 93 in favour to seven against (Cuba, Democratic People's Republic of Korea, Egypt, India, Iran, Libya, Syria), with 38 abstentions. (For details of the vote, see Annex I.)

The representative of Cuba said his delegation disassociated itself from operative paragraph 26, but that as far as the rest of the draft was concerned, it had no problem.

The draft resolution as a whole was approved without a vote.

The representative of Syria said he felt that operative paragraph 26 of the draft was ambiguous and did not reflect in a proper way the cooperation and coordination among the treaty bodies established by the human rights conventions, taking into consideration the different purposes of the treaty bodies. What was in the paragraph may have a negative effect on the effective implementation of international instruments on human rights.

The Committee then turned to the draft resolution on torture and other cruel, inhuman or degrading treatment or punishment (document A/C.3/53/L.23). The programme budget implications of the draft were contained in document A/C.3/53/L.62.

The representative of Denmark, as the main sponsor of the draft, said that since the draft had been tabled, further informal consultations had taken place. During the consultations, the co-sponsors of the resolution had shown great flexibility.

She announced the following changes that had been made in the text:

-- in operative paragraph 1, the last four words of the paragraph, "on a regular basis," should be deleted;

-- in operative paragraph 9, the word "progress" in the first line should be replace by the word "efforts"; in the third line, the words "with a view to establishing", should be replaced by the words "which is intended to establish";

-- in the first line of operative paragraph 10, the word "welcomes" should be replaced with the words "takes note with appreciation of";

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-- in operative paragraph 11, the words "respond positively" in the third line should be replaced with the words "give serious consideration"; in the fourth line, the words "give appropriate effect" should be replaced by the words "the follow up";

-- in the fourth line of operative paragraph 12, the word "including" should be replaced by the words "in particular";

-- in the third line of operative paragraph 13, after the words "United Nations programmes", the words "notably that on crime prevention and criminal justice" should be added;

-- in the fourth line of operative paragraph 24, the words "sub-item entitled 'Implementation of human rights instruments'" should be replaced by the words "appropriate sub-items of the agenda".

She said those were the changes resulting from the most recent, and numerous, consultations. The draft resolution expressed firmly the commitment to give assistance to, and to cooperate with, the Special Rapporteur of the Commission on Human Rights and the Committee against Torture. She added that France had also joined as a co-sponsor.

Croatia also joined as a co-sponsor of the draft.

The text was approved without a vote.

The representative of Algeria, said his delegation had taken an active part in the consultations. He wished the text had taken into account the concerns of all delegations and avoided some of the "deviant logic" to which the consideration of human rights seemed to have succumbed. A disturbing tendency was growing, to use resolutions to modify the provisions of declarations adopted by international conferences. The sovereign rights of States to lodge reservations were being challenged. There was open talk of the treaty bodies being able to examine reports on States in the absence of those States.

He said there had been an attempt, through operative paragraph 11, to misuse the mandate of the Special Rapporteur. There was no legal foundation for such a demand or requirement. Even though it had been softened, the text still violated the rules and norms supposed to lie at the basis of human rights work, and he disassociated his delegation from that paragraph. He said he would join the consensus on the draft as a whole, because he wished to speak out against torture and not to show complacency towards such practices. However, a rampant revision of human rights conventions was taking shape, and he would never accept fraudulent modifications.

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[Operative paragraph 11 of the draft, as amended, calls on all Governments to cooperate with and assist the Special Rapporteur in the performance of his task, in particular by supplying all necessary information requested by him, to react appropriately and expeditiously to his urgent appeals, to give serious consideration to his requests to visit their countries and to the follow-up to his recommendations;]

The representative of Egypt said her country was keen to cooperate with special rapporteurs, since cooperation was healthy, but, operative paragraph 11 ignored an important principle: that of the sovereignty of a country on its own territory, which would allow it to accept, or not, a visit of a special rapporteur. The call should not be binding or have mandatory effect. Although the co-sponsors of the draft had tried to have the draft approved by consensus, not all of the proposals had been accepted. Her delegation disassociated itself from the consensus on operative paragraph 11.

The representative of Syria said the amendments presented by the co-sponsors of the draft resolution did not suitably reflect concerns that his country had about operative paragraph 11. Even in its final form, the paragraph involved a change in the mandate of the Special Rapporteur, which would have required special procedures not provided for in the draft. He found it difficult to join consensus on the resolution.

The Committee then took action on a draft resolution on human rights and unilateral coercive measures (document A/C.3/53/L.33).

By the terms of the text, 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

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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.

The draft was sponsored by South Africa, on behalf of the States Members of the United Nations that are members of the Movement of Non-Aligned Countries, and China. The representative of Morocco also joined as a co-sponsor.

The representative of Malaysia asked not to be included in the list of sponsors as part of the Non-Aligned Movement.

The draft resolution was approved by recorded vote of 104 in favour to 44 against, with 10 abstentions (Armenia, Azerbaijan, Cyprus, Jordan, Kazakhstan, Kyrgyzstan, Malta, Marshall Islands, Ukraine and Uzbekistan). (See Annex II).

The representative of Niger said he voted in favour, but the vote did not appear to be recorded. The representative of San Marino said he had intended to vote against, but had mistakenly voted in favour.

The Committee turned to the draft resolution on human rights and extreme poverty (document A/C.3/53/L.40). The representative of Peru, main sponsor, said Tunisia and Indonesia had joined as co-sponsors. Others who joined as co-sponsors were Egypt, Uganda, Equatorial Guinea, Mauritania, Eritrea, Liberia, Nigeria, Senegal, Comoros, Malawi and the Democratic Republic of the Congo.

The draft was approved without a vote.

The Committee acted on the draft entitled Questions of enforced or involuntary disappearances (document A/C.3/53/L.46).

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The representative of France, main sponsor of the draft, said Liechtenstein, The former Yugoslav Republic of Macedonia, Romania, Comoros, New Zealand, Benin and Niger had joined as co-sponsors.

The draft was approved without a vote.

On the draft resolution entitled "United Nations Decade for Human Rights Education, 1995-2004, and public information activities in the field of human rights" (document A/C.3/53/L.50), the representative of Namibia, the main sponsor, said Cameroon, Argentina and Finland had joined as co-sponsors. Also joining as co-sponsors were: Malawi, Madagascar, Guinea Bissau, Burkina Faso, India, Indonesia, Rwanda, Ghana, Peru, Surname, Equatorial Guinea, Antigua and Barbuda, Micronesia, the Democratic Republic of the Congo, El Salvador, Nepal and Senegal.

The draft was approved without a vote.

The Committee took up the draft resolution on the situation of human rights in Iran (document A/C.3/53/L.38).

A recorded vote was called for.

In explaining his country's vote, the representative of El Salvador said his Government shared many concerns of the European Union regarding respect for human rights in the Islamic Republic of Iran. There was deep concern over continuing violations, and discriminatory treatment of religious minorities, in particular the Baha'i, that should not be overlooked by the international community. But the challenge to Iran had borne some fruit with the reforms taking place there. That had prompted the Government of El Salvador to show flexibility and to abstain from voting.

The representative of Egypt said his Government had respect for human rights and fundamental freedoms all over the word, but did not favour the use of human rights as a means of coercion or its use as a means of interference in the internal affairs of the State. Double standards should not be applied in examining human rights issues, and, the international community should take into account multiplicity of cultures in the modern world and the need to respect that multiplicity.

On the comment in paragraph 11, he noted that capital punishment was recognized in the Islamic law of Sharia, and in various legal systems in force in different parts of the world. There was no prohibition in international law, and the International Covenant on Civil and Political Rights, article 6, recognized capital punishment. His Government fully supported the sovereign right of each State to promulgate its own legislation in conformity with its values, culture and necessities of that society. For those reasons, and in light of the positive changes occurring in Iran in human rights, and the fact

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that those changes were not fully reflected in the resolution, Egypt would abstain in its vote.

The representative of Pakistan said his country favoured the promotion and protection of human rights everywhere, but human rights should not be used as a coercive instrument, and double standards should not be applied, particularly in consideration of cultural diversity. In Iran, there was the political will to strengthen existing mechanisms and procedures for the protection and promotion of human rights. The draft did not recognize that and, in its present shape, would not promote the cause of human rights. His delegation would therefore vote against.

The representative of Sudan said that regardless of the contents of the resolution before the Committee, her Government rejected categorically the use of double standards and selectivity in dealing with the situation of human rights in Iran. It rejected the politicization of human rights questions, and was surprised at the present approach in human rights situation in certain States. She would also record her objection to paragraph 11, since there was no international law that criminalized capital punishment. Furthermore, it was explicitly provided for in the Sharia. Proceeding from that position, her Government would vote against the resolution.

The representative of Fiji said his Government believed in the non-interference in the domestic affairs of other States, and would, therefore, abstain.

The representative of Iran said it was "a Catch 22 situation". There had been improvement in human rights, cooperation with human rights mechanisms and unremitting efforts, but those had not counted. The achievements were heartening and were in keeping with the tenets of Islam and Iran's ancient civilisation. There had been efforts, including the judiciary, to foster, protect and promote human rights and fundamental freedoms, which supported popular and civil initiatives, promoted the advancement of women and their integration into society, and the institutionalization of the rule of law.

He said those were signs of Iran's progress in human rights, and should be recognized, appreciated and encouraged. Delegations should read the draft a second time, with impartiality and objectivity. It was an obtrusive example of double standards and selectivity, and was flawed in facts. It was out of touch with the realities of Iranian society and fixated on the past. It was unconstructive and counter-productive and reduced the efforts of Iran in promoting human rights.

He said his delegation had tried to reach a consensus and had presented practical suggestions on breaking away from old and outdated ways, to contribute truly to the promotion of human rights. It regretted that agreement could not be reached. Irrespective of its adoption or rejection,

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Iran's commitment to the promotion and protection of human rights remained unshaken. That commitment was rooted in values, beliefs, culture and hope for the betterment of Iran's people. Instead of appreciating those, the resolution was an imposition, based on political motivation, which was a disservice to the cause of human rights.

The draft was approved by a recorded vote, with 63 in favour, 35 against, and 60 abstentions (see Annex III).

The representative of the Russian Federation said he welcomed the activities for promoting human rights in Iran and the energetic efforts to institutionalize the principles of the rule of law. There had been efforts to reach a consensus variant of the draft. That had not been successful, but he hoped that in the future, the co-sponsors would be able to cooperate more closely to ensure a consensus in the forthcoming session on human rights. That could close the Iranian dossier on human rights.

The representative of Brazil said he would vote in favour, since Brazil shared many concerns of the resolution, particularly paragraph 8. While voting in favour, he wished, for the sake of the record, to acknowledge the positive developments and overall progress. His delegation would encourage further efforts by Iran, especially over religious tolerance.

Next, the Committee took up the draft resolution on human rights in Haiti (document A/C.3/53/L.43).

The representative of Venezuela, the main sponsor, said Nicaragua had joined as a co-sponsor.

The resolution was then approved without a vote.

Speaking after action, the representative of Haiti expressed his gratitude to the sponsors of the draft resolution on the human rights situation in Haiti. The situation had somewhat improved over recent years. Much remained to be done, he said, adding that his country would count on the effective help of the international community in satisfying the aspirations of the Haitian people.

The Committee next turned to the situation of human rights in Nigeria as contained in document A/C.3/53/L.51, which was approved without a vote.

The Committee then took up the draft on the situation of human rights in Kosovo as contained in document A/C.3/53/L.61.

New Zealand joined as a co-sponsor of the draft.

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The Committee Secretary read out oral amendments when the draft was introduced. The operative paragraph 14, subparagraph (c) should be replaced by the following: "To allow complete, unimpeded access for the International Tribunal for the Former Yugoslavia and its forensic experts to Kosovo, to examine the recently alleged atrocities against civilians."

Also, in operative paragraph 32, in the second line, the phrase "in the territory of the former Yugoslavia" should be replaced by the phrase "in the territories of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia".

The representative of Turkey said that, as a Balkan State, it had been following the development of the disintegration of former Yugoslavia. The memory of human carnage under the pretext of ethnic cleansing was vivid. There had been efforts to motivate the international community to step in. During the three bloody years, when all conceivable human rights violations were committed in the middle of Europe, many had watched with comfort that military personnel serving under the United Nations flag had been provided, but they could not protect themselves, let alone the people of Bosnia and Herzegovina.

He said Bosnia and Kosovo were interrelated and warned that history could repeat itself. Since the inception of the resolution on the human rights situation in Kosovo, a number of countries had argued against its futility, while the resolution enjoyed the support of Turkey. Recent developments had opened the eyes of the world to the tragic realities of Kosovar Albanians. Belatedly, they wanted to assume their place in the parade of human rights champions.

His country had been actively engaged in drafting the resolution and expressed his thanks to the representative of the United States for trying to find a common ground. Turkey had tried to make the draft free of illusions and tried hard to expose the cause and effect relationship with regard to the violence when the well-known characters wanted to play the second act of the piece called ethnic cleansing. Turkey had tried hard to obtain recognition for the will of the people of Kosovo but had not succeeded. Thus, his Government would not co-sponsor the draft. The international community had missed an important opportunity to send a clear message to the perpetrators of the most vicious crisis at this critical juncture.

The operative paragraphs 7 and 16 had serious shortcomings, and paragraph 9 failed to recognize the cause and effect relationship of the violence witnessed in Kosovo following the detrimental policies of the Belgrade Government, he said. Had those paragraphs been voted upon separately, his delegation would have voted against those paragraphs. Turkey would join consensus but not as a co-sponsor.

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The representative of the Russian Federation asked that the draft resolution be put to a vote.

The draft was approved by a recorded vote of 115 in favour to 3 against (Belarus, India, Russian Federation), with 34 abstentions.

The representative of the Russian Federation said his country had voted against the resolution as it was unacceptable to consider the human rights situation without taking into account territorial belonging, especially when there was a draft presented on a neighbouring territory. The Third Committee should not encourage even indirectly any violent activity which could give rise to separatism. Unfortunately, that was insufficiently reflected in the resolution.

There had been a constructive approach from the European Union in an atmosphere of transparency, which the co-sponsors had tried to cultivate in discussing an amendment tabled by the Union. That had significantly improved the text and given it more balance and could have supported many provisions if it had not been put forward in the individual draft, but had been interpolated and incorporated in the omnibus resolution.

The representative of Peru said since 1994, the year when the resolution was first introduced, Peru had abstained because it was not appropriate for the Third Committee to take a stand in a region which was part of a sovereign State. The right way to deal with that should be in reference to a particular State.

The representative of India reserved the right to explain its position when the draft resolution was put to vote in the plenary.

The representative of China said he would make a statement at the plenary when the resolution was submitted for voting there.

The representative of Venezuela said his country had abstained from voting because it believed it should not promote the violation of territorial integrity. The Committee's concern should be tackled as a whole when addressing the human rights situation in the former Yugoslavia.

The representative of Austria, on behalf of the European Union, fully supported the content of the resolution.

Next, the Committee took action on the draft resolution on the follow-up to the Fourth World Conference on Women and the full implementation of the Beijing Declaration and Platform for Action (document A/C.3/53/L.27).

The Committee Secretary read a statement noting that various paragraphs of the draft referred to administrative and budgetary matters. According to

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the statement, the General Assembly would request the Secretary-General to provide by the end of 1999 updated data and indicators on the situation of women and girls. It was estimated that the cost of those activities would amount to approximately $630,000, of which $480,000 would be spent in 1999 and $150,000 in the year 2000. The requirements for 1999 would be met from extrabudgetary resources. The requirements for the year 2000 would be reflected in the proposed programme budget for the biennium 2000-2001, which would be submitted for adoption by the General Assembly at its fifty-fourth session. Such a request by the Third Committee was at variance with the established procedures that applied in respect of administrative and budgetary matters, the statement concluded.

The Committee then approved the draft resolution without a vote.

(ANNEXES FOLLOW)

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Third Committee Press Release GA/SHC/3511 49th Meeting (PM) 18 November 1998

ANNEX I

Vote on Implementation of International Instruments

Operative paragraph 26 of the draft resolution on the implementation of the international human rights instruments (document A/C.3/53/L.22/Rev.1) was approved by a recorded vote of 93 in favour to 7 against, with 38 abstentions, as follows:

In favour: Afghanistan, Albania, Andorra, Argentina, Armenia, Australia, Austria, Azerbaijan, Belarus, Belgium, Bolivia, Brazil, Bulgaria, Cameroon, Canada, Chile, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Equatorial Guinea, Estonia, Federated States of Micronesia, Finland, France, Georgia, Germany, Ghana, Greece, Guatemala, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malta, Marshall Islands, Mexico, Monaco, Mongolia, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, San Marino, Senegal, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Suriname, Swaziland, Sweden, Thailand, The former Yugoslav Republic of Macedonia, Togo, Turkey, Ukraine, United Kingdom, United States, Uruguay, Venezuela

Against: Cuba, Democratic People's Republic of Korea, Egypt, India, Iran, Libya, Syria

Abstaining: Algeria, Angola, Antigua and Barbuda, Bahamas, Bangladesh, Barbados, Bhutan, Brunei Darussalam, Cape Verde, China, Democratic Republic of the Congo, Fiji, Gabon, Guyana, Indonesia, Lao People's Democratic Republic, Lebanon, Malaysia, Mali, Mauritania, Mauritius, Myanmar, Nicaragua, Niger, Nigeria, Pakistan, Papua New Guinea, Saint Lucia, Saudi Arabia, Sierra Leone, Singapore, Sri Lanka, Sudan, Trinidad and Tobago, Tunisia, United Republic of Tanzania, Viet Nam, Yemen

Absent: Bahrain, Belize, Benin, Botswana, Burkina Faso, Burundi, Central African Republic, Chad, Comoros, Djibouti, Dominica, El Salvador, Eritrea, Ethiopia, Gambia, Grenada, Guinea, Guinea-Bissau, Haiti, Honduras, Maldives, Morocco, Mozambique, Oman, Palau, Qatar, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Seychelles, Tajikistan, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Vanuatu, Zambia, Zimbabwe

(END OF ANNEX I)

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Third Committee Press Release GA/SHC/3511 49th Meeting (PM) 18 November 1998

ANNEX II

Vote on Human Rights and Coercive Measures

The draft resolution on human rights and coercive measures, (document A/C.3/53/L.33) was approved by a recorded vote of 104 in favour to 44 against, with 10 abstentions, as follows:

In favour: Algeria, Angola, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Djibouti, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Ghana, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iran Jamaica, Kenya, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Madagascar, Malawi, Malaysia, Mali, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Russian Federation, Rwanda, Saint Lucia, San Marino, Senegal, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, Uganda, United Arab Emirates, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

Against: Albania, Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Federated States of Micronesia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Slovakia, Slovenia, Spain, Sweden, The former Yugoslav Republic of Macedonia, Turkey, United Kingdom, United States.

Abstaining: Armenia, Azerbaijan, Cyprus, Jordan, Kazakhstan, Kyrgyzstan, Malta, Marshall Islands, Ukraine, Uzbekistan.

Absent: Afghanistan, Belize, Dominica, Dominican Republic, Gambia, Grenada, Honduras, Kuwait, Maldives, Niger, Palau, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Seychelles, Tajikistan, Turkmenistan, Vanuatu.

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(END OF ANNEX II)

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Third Committee Press Release GA/SHC/3511 49th Meeting (PM) 18 November 1998

ANNEX III

Vote on Human Rights in Iran

The draft resolution on the situation of human rights in Iran (document A/C.3/53/L.38) was approved by a recorded vote of 63 in favour to 35 against, with 60 abstentions, as follows:

In favour: Algeria, Andorra, Argentina, Australia, Austria, Bahamas, Barbados, Belgium, Bolivia, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, Federated States of Micronesia, Finland, France, Germany, Greece, Guatemala, Haiti, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Monaco, Mongolia, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russian Federation, Samoa, San Marino, Slovakia, Slovenia, Solomon Islands, Spain, Sweden, Trinidad and Tobago, United Kingdom, United States, Venezuela.

Against: Afghanistan, Armenia, Azerbaijan, Bahrain, Bangladesh, Belarus, Benin, Brunei Darussalum, China, Comoros, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, India, Indonesia, Iran, Kuwait, Libya, Malaysia, Maldives, Morocco, Myanmar, Oman, Pakistan, Philippines, Qatar, Saudi Arabia, Sierra Leone, Sri Lanka, Sudan, Syria, Turkmenistan, Viet Nam, Zambia, Zimbabwe.

Abstain: Albania, Angola, Antigua and Barbuda, Butan, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Colombia, Côte d'Ivoire, Cyprus, Djibouti, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Ghana, Guinea, Guyana, Jamaica, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Madagascar, Mali, Mauritania, Mexico, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Papua New Guinea, Republic of Korea, Republic of Moldova, Saint Lucia, Senegal, Singapore, South Africa, Suriname, Swaziland, Thailand, The former Yugoslav Republic of Macedonia, Togo, Tunisia, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uruguay.

Absent: Belize, Dominica, Gambia, Georgia, Grenada, Guinea-Bissau, Honduras, Malawi, Mauritius, Palau, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Seychelles, Tajikistan, Turkey, Uzbekistan,

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Vanuatu, Yemen.

(END OF ANNEX III)

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Third Committee Press Release GA/SHC/3511 49th Meeting (PM) 18 November 1998

ANNEX IV

Vote on Human Rights in Kosovo

The draft resolution on the situation of human rights in Kosovo (document A/C.3/53/L/61) was approved by a recorded vote of 115 in favour to 3 against, with 34 abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Bolivia, Brazil, Brunei Darussalam, Bulgaria, Canada, Cape Verde, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Federated States of Micronesia, Finland, France, Gabon, Georgia, Germany, Greece, Guatemala, Guyana, Haiti, Hungary, Iceland, Indonesia, Iran, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mexico, Monaco, Mongolia, Morocco, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Lucia, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sudan, Suriname, Swaziland, Sweden, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Zambia.

Against: Belarus, India, Russian Federation.

Abstaining: Benin, Bhutan, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic, China, Colombia, Côte d'Ivoire, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Guinea, Jamaica, Lao People's Democratic Republic, Madagascar, Mozambique, Myanmar, Namibia, Nepal, Peru, Philippines, Republic of Moldova, Singapore, Sri Lanka, The former Yugoslav Republic of Macedonia, Uganda, Ukraine, United Republic of Tanzania, Venezuela, Zimbabwe.

Absent: Angola, Armenia, Belize, Chad, Comoros, Democratic People's Republic of Korea, Dominica, Fiji, Gambia, Grenada, Guinea-Bissau, Honduras, Kenya, Mauritius, Palau, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Seychelles, Syria, Tajikistan, Turkmenistan, Vanuatu, Viet Nam, Yemen.

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