FIFTIETH ANNIVERSARY OF UNIVERSAL DECLARATION IS OPPORTUNITY TO PLACE ALL HUMAN RIGHTS, PARTICULARLY RIGHT TO DEVELOPMENT, AT TOP OF GLOBAL AGENDA
Press Release
GA/SHC/3514
FIFTIETH ANNIVERSARY OF UNIVERSAL DECLARATION IS OPPORTUNITY TO PLACE ALL HUMAN RIGHTS, PARTICULARLY RIGHT TO DEVELOPMENT, AT TOP OF GLOBAL AGENDA
19981123 According to Text Approved by Vote as Third Committee Concludes WorkAs it concluded its work for the current General Assembly session, the Third Committee (Social, Humanitarian and Cultural) this afternoon approved by a recorded vote of 109 in favour to 1 against (United States), with 40 abstentions, an orally amended draft resolution on the right to development. (See Annex for details of the voting.)
Under its provisions, the Assembly would recognize that the Declaration on the Right to Development constitutes an integral link between the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action, through its elaboration of a holistic vision integrating economic, social and cultural rights with civil and political rights.
The Assembly would also recognize that the fiftieth anniversary of the Universal Declaration provides an important opportunity to place all human rights -- and, in this context, the right to development in particular -- at the top of the global agenda. Democracy, development and respect for all human rights and fundamental freedoms, including the right to development, are independent and mutually reinforcing, the Assembly would reaffirm.
In addition, the draft which was sponsored by Non-Aligned Movement and China, would have the Assembly welcome the establishment of a follow-up mechanism, initially for a three-year period, in accordance with a recommendation of the Commission on Human Rights, consisting of an open-ended working group of the Commission and an independent expert, in order to make further progress towards the realization of the right to development. That follow-up mechanism would be invited to consider the question of elaborating a convention on the right to development.
Further by the draft, the Assembly would reiterate that the existence of widespread absolute poverty inhibits the full and effective enjoyment of human rights and renders democracy and popular participation fragile. The High Commissioner for Human Rights would be invited to give due regard to the
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impact of the problem of external debt burden of developing countries, in particular the least developed countries, on the full enjoyment of the right to development in those countries.
The Assembly would welcome the intention of the Secretary-General to give high priority to the right to development and would urge all States to promote further that right as a vital element in a balanced human rights programme.
Also this afternoon, the Committee approved, as orally revised, its biennial programme of work for 1999-2000, which was introduced by the Director of Documentation, Programming and Monitoring Unit of the Department of General Assembly Affairs and Conference Services, William Bunch.
In concluding remarks, the Committee Chairman, Ali Hachani (Tunisia), said the Committee had approved nearly 60 resolutions, most without a vote. Those resolutions advanced an understanding of human rights and corresponded with the objectives of the international community, thus leading the Committee to make a positive contribution to the observance of the fiftieth anniversary of the Universal Declaration of Human Rights.
Concluding statements were also made by the representatives of Indonesia (on behalf of the "Group of 77" developing countries and China); Sudan (on behalf of the African States); Australia (on behalf of the Western European and Others Group); Romania (on behalf of the Group of Eastern European States); Ecuador (on behalf of the Latin American and Caribbean States); Oman (on behalf of the Asian Group); Austria (on behalf of the European Union); South Africa (on behalf of Southern African Development Community - SADC); Yemen (on behalf of the Arab Group); and Guyana (on behalf of Caribbean Community - CARICOM).
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to take action on a draft resolution on the right to development. It was also scheduled to consider its biennial programme of work for 1999-2000.
By the terms of the draft resolution on the right to development (document A/C.3/L.58/Rev.1), 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 reaffirm also that democracy, development and respect for all human rights and fundamental freedoms would be strengthened by enhanced international cooperation, in particular, for development. All States would be urged to eliminate all obstacles to development at all levels by pursuing the promotion and protection of economic, social, cultural, civil and political rights and by implementing comprehensive development programmes at the national level, integrating these rights into development activities and by promoting effective international cooperation.
Also by the draft, the High Commissioner for Human Rights would be invited to pay particular attention to the impact of the problem of the debt burden on developing countries and their people, in particular the least developed countries, on their full enjoyment of the right to development.
The Assembly would express deep concern about the overall decline in official development assistance flows, and call upon the developed countries, in a spirit of partnership, to mobilize further resources for development assistance to support States' efforts towards realization of the right to development with a view to fulfilling as soon as possible the commitments undertaken to meet the agreed United Nations targets.
The Assembly would also express concern over the adverse impact of the current financial crisis on the realization of the right to development and the full enjoyment of economic, social and cultural rights in affected countries, especially on the right to food, health, education and work. The Commission on Human Rights would be called upon 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.
Further, by the draft, the Assembly would recognize that the fiftieth anniversary of the Universal Declaration of Human Rights provides an important
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opportunity to place all human rights and, in that context, the right to development in particular, at the top of the human rights agenda.
The Secretary-General and the High Commissioner for Human Rights would be called upon to: examine ways and means to provide the Declaration on the Right to Development with a profile commensurate with its importance; continue to accord priority to the right to development and providing commensurate support in terms of staff, services and resources for its programmatic follow-up; ensure widespread dissemination and promotion of the Declaration on the Right to Development, in close cooperation with States and intergovernmental organizations, national institutions and interested non-governmental organizations; and project the role and importance of the right to development as part of the overall promotion and protection of human rights.
The Assembly would encourage all States to address, within the declarations and programmes of action adopted by the relevant international conferences convened by the United Nations, elements for the promotion and protection of 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.
Also before the Committee is a note by the Secretariat on the draft biennial programme of work of the Committee for 1999-2000 (document A/C.3/53/L.64). It would have the Assembly adopt the recommendations on the rationalization of the work of the Third Committee contained in resolution 45/170 of 18 December 1990, and adopt further recommended rationalization measures.
Action
The representative of South Africa introduced additional oral revisions to the draft.
In the ninth preambular paragraph, the word "the" should be inserted in the second line, between the words "Nations system for" and "more effective promotion".
In operative paragraph 5 (c), the words "At the same time", should be introduced before the beginning of the paragraph.
Several changes were made to operative paragraph 9, which should read: "Invites the High Commissioner for Human Rights, within her mandate, to give due regard to the impact of the problem of external debt burden of developing countries, in particular the least developed countries, on the full enjoyment of the right to development in these countries.
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Operative paragraph 20 should begin "Request the Commission on Human Rights to:" (replacing "Calls upon the Secretary-General and the High Commissioner for Human Rights, as appropriate, to:"). Subparagraph 20 (h) would then become subparagraph 20 bis (a), and, after several revisions, should read "Invite the Independent Expert, appointed by the Chairman of the Commission on Human Rights, to include in his study on the current state of progress in the implementation of the right to development proposals for measures that could be taken for the more effective realization of the right to development at the national and international levels, and to submit his studies to the General Assembly;"
Subparagraph 20 (j), would become subparagraph 20 bis (b), but would remain otherwise unchanged, he went on. (Subparagraph 20 (i), would consequently be renamed 20 (h).) At the end of the first line of subparagraph 20 (b), the word "providing" should be replaced by the word "provide". Finally, in subparagraph 20 (f), the words "Continue the" should be inserted at the beginning of the paragraph, before the words "Welcome initiative".
The representative of Austria asked for clarifications regarding operative paragraphs 4, 19 and 20 bis (a) and (b) of the revised draft resolution.
The representative of South Africa, in response to the points raised, made clarifications, which were of a technical nature.
The representative of the United States said he appreciated the efforts that went into arriving at the revised text. Because of certain points, such as operative paragraph 9 regarding debt burden, his delegation would not join consensus and would request a recorded vote.
The representative of South Africa asked if the request for the recorded vote was for the whole text, or just paragraph 9.
The representative of the United States affirmed that his request was for a vote on the entire text.
The representative of Cuba said his delegation regretted that, after many hours of consultations, consensus had not been achieved. He regretted that the request for a recorded vote was not on particular paragraphs, but on the entire text. His delegation regretted that, given that the majority of the developing countries had put so much effort into reaching a consensus text. Drawing attention to the now deleted paragraph calling for the inclusion of the Declaration on the Right to Development in the International Bill of Human Rights, he said his delegation would bring back that issue in the future.
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The representative of Indonesia said it was apparent that the Non-Aligned Movement countries had made considerable effort on the draft text. Thus, the result of the negotiations was regretful. The draft was important to all developing countries. He appealed to delegations of developing countries and to the "Group of 77" developing countries and China to lend support to the Non-Aligned Countries' draft.
Speaking in explanation of vote before the vote, the representative of Japan said his delegation attached great importance to the right to development, and the importance of promoting effective international cooperation to promote the linking of democracy, development and human rights. Japan had participated in good faith, with an intention to join consensus. Though much progress had been made, it regretted that the text had not reached consensus. There had been insufficient time for negotiation. His delegation was concerned over the fact that the draft did not reflect that the protection and promotion of human rights was primarily the responsibility of Governments. For those reasons, Japan would with great regret abstain.
The Committee approved of the draft, as orally revised, by a recorded vote, with 109 in favour to 1 against (United States), and 40 abstentions. (See Annex.)
Speaking after the vote, the representative of Austria said the European Union appreciated the negotiations that had gone into the text. The Union would have preferred the text to have been approved without a vote. He regretted that the Union had to abstain on the vote. The Union appreciated the willingness of the sponsors in compromising during the negotiations. However, there were a few elements in the text that deserved in-depth deliberations. That would be possible by the follow-up mechanism of the right to development. The open-ended working group had been established to discuss and to find understanding on complex issues. Unfortunately, there had been insufficient time to do that. He sincerely regretted not achieving full consensus on the issue. But the text was imperfect and some issues needed to be addressed further.
The representative of Norway said her delegation attached great importance to the right to development. It regretted that consensus had not persevered in this session. In its holistic approach, priority had to be given to the right to development. She said donors could give resources but not rights. In explanation of her delegation's abstention in the vote, Norway associated itself with the European Union in all its aspects. She sincerely hoped there would be an opportunity to return to consensus the next time there was deliberations on the matter.
The representative of New Zealand said his delegation regretted that the Committee could not reach a consensus on the draft. His country firmly supported the right to development and hoped it would become a co-sponsor of
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an appropriately-worded resolution. His delegation, however, was concerned about the overall imbalance in the resolution and had abstained. In the future, the Committee should begin work on that issue at an earlier point in its proceedings. There should be an effort to return to consensus on that issue in the future.
Stating that his delegation had voted in favour of the draft, the representative of the Russian Federation said he regretted that the draft had been approved by a vote. In the course of the consultations, there was an effort to find a consensus but, due to time constraints, there was a misunderstanding. Differences in regard to the right to development should be overcome at the next session of the Commission on Human Rights or at the Committee's next session. The right to development should become a uniting instead of a divisive issue for the international community.
The representative of Australia said her delegation was committed to the right to development. It regretted that consensus was not possible on this occasion. There should be efforts in the future to revert to consensus on the text. There were some elements of concern in the text, however, and the overall imbalance of the resolution caused her delegation to abstain.
The representative of Republic of Korea said his delegation was committed to the right to development and it regretted the Committee could not reach consensus on text. His delegation found it was difficult to endorse the resolution. It was particularly concerned about paragraph 20 (b) on elaborating a convention of the right to development. Because of those concerns, his delegation had abstained.
The representative of Canada said there should have been more time given to consultations in order to achieve consensus on that important issue. Her delegation had abstained.
Before concluding consideration of the agenda item on human rights questions, the Committee Chairman proposed that the Committee took note of the following documents:
Under sub-item 110 (a) human rights questions: implementation of human rights instruments: report of the Human Rights Committee (document A/53/40 Vol. I and II); report of the Committee against Torture (document A/53/44); report of the Secretary-General on the Status of the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (document A/53/253); report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture (document A/53/283); report of the Secretary-General on the Status of the Convention on the Prevention and Punishment of the Crime of Genocide (document A/53/565); and report of the Secretary-General on the status of the United Nations Trust Fund on Contemporary Forms of Slavery (document A/53/339).
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Under sub-item 110 (b), human rights questions: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, the Committee took note of the following: report of the Secretary-General on the respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations: safety and security of humanitarian personnel and protection of United Nations Personnel (document A/53/501); and note by the Secretary-General on extrajudicial, summary or arbitrary executions (document A/53/337).
Under sub-item 110 (c), human rights questions: human rights situations and reports of special rapporteurs, the Committee took note of the following: report of the Secretary-General on the technical cooperation programme in Haiti (document A/53/530); note by the Secretary-General on the situation of human rights in southern Lebanon and Western Bekaa (document A/53/537); note by the Secretary-General on the situation of human rights in the Sudan (document A/53/504); note by the Secretary-General on the situation of human rights in Burundi (document A/53/490); and note by the Secretary-General on the situation of human rights in the Democratic Republic of the Congo (A/53/365).
Under sub-item 110 (e), human rights questions: report of the United Nations High Commissioner for Human Rights, the Committee took note of the report of the United Nations High Commissioner for Human Rights (document A/53/36).
The Committee thus concluded its consideration of the agenda item on human rights questions.
Concluding Statement by Chairman
ALI HACHANI (Tunisia), Committee Chairman, said the Committee had come to the end of its work after considerable efforts. It had approved nearly 60 resolutions, most by consensus. Those resolutions covered various aspects of human rights, including the advancement of women, the protection of children, the question of refugees, and international drug control. Those resolutions advanced an understanding of human rights and they corresponded with the objectives of the international community. The Committee had made a positive contribution to the international community's debate on human rights on the fiftieth anniversary of the Universal Declaration of Human Rights.
(annex follows)
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Third Committee Press Release GA/SHC/3514 53rd Meeting (PM) 23 November 1998
ANNEX
Vote on Right to Development
The draft resolution on the right to development (document A/C.3/53/L.58/Rev.1) was approved by a vote of 109 in favour to 1 against, with 40 abstentions, as follows:
In favour: Algeria, Angola, Antigua and Barbuda, Argentina, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Democratic People's Republic of Korea, Democratic Republic of the Congo, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gambia, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iran, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Russian Federation, Rwanda, Saint Lucia, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Sudan, Suriname, Syria, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: United States.
Abstaining: Andorra, Armenia, Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Kyrgyzstan, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Absent: Afghanistan, Albania, Burundi, Chad, Comoros, Dominica, Federated States of Micronesia, Gabon, Georgia, Ghana, Grenada, Honduras, Latvia, Mauritius, Nicaragua, Palau, Papua New Guinea, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Solomon Islands, Swaziland, Tajikistan, Uruguay, Vanuatu.
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