ECONOMIC AND SOCIAL COUNCIL ADOPTS FOUR DECISIONS OF HUMAN RIGHTS COMMISSION, ONE BY RECORDED VOTE

Economic and Social Council

Resumed 2001 Organizational Session

9^th Meeting (AM)

ECONOMIC AND SOCIAL COUNCIL ADOPTS FOUR DECISIONS OF HUMAN RIGHTS COMMISSION,

ONE BY RECORDED VOTE

In a recorded vote of 28 member countries in favour to none against with

10 abstentions (Angola, Benin, China, Cameroon, Cuba, Egypt, Nepal, Russian Federation, Sudan and Syria), the Economic and Social Council this morning adopted a decision on the “Situation of human rights in parts of South-Eastern Europe”, as orally amended.

This decision was contained in the “Excerpt from the report of the Commission on Human Rights on its fifty-seventh session for consideration by the Economic and Social Council at its resumed organizational session for 2001” (document E/2001/L.7).

By the decision, the Council, taking note of the Commission’s resolution 2001/12 of 18 April, approved the Commission’s decision to request its Chairperson to appoint for one year a special representative of the Commission with a mandate to examine the situation of human rights in Bosnia and Herzegovina and the Federal Republic of Yugoslavia.

That special representative, in reporting on the human rights situation in Kosovo, should, among other things, pay particular attention to cooperation with the International Criminal Tribunal for the Former Yugoslavia, the release of unjustly detained prisoners, the identification of persons missing as a result of conflict, the protection of minorities, trafficking in persons, and the right of return of refugees and internally displaced persons.

Speaking before the vote, the representative of the Russian Federation said his delegation thought it was counterproductive to reduce the mandate of the special rapporteur and would therefore abstain.

The representative of Burkina Faso noted that his delegation would have abstained from voting on the first decision, had it been present.  The representative of the Democratic Republic of the Congo noted he had mistakenly voted in favour of the same decision.  His intention was to abstain from voting.

Without a vote, the Council then adopted a decision on the “Question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights”.  By that text, the Council, taking note of the Commission’s resolution 2001/30 of

20 April, endorsed the Commission’s decision to appoint an independent expert to examine the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights.

The independent expert would submit a report to the Commission at its fifty-eighth session with a view to possible follow-up and future actions, including the establishment of an open-ended working group of the Commission to examine the question of a draft optional protocol to the Covenant.

The representative of the United States, explaining his position, said that while his country had joined consensus on the decision, it did not support the draft optional protocol, as it confused economic, social and cultural rights, which should be realized progressively, with legally enforceable entitlements.

Also without a vote, the Council adopted a decision regarding the “Question of enforced or involuntary disappearances”.  By that text, it took note of the Commission’s resolution 2001/46 of 23 April 2001 and endorsed the Commission’s decision to renew, for a three-year period, the mandate of the Working Group of five independent experts entrusted with the task of investigating enforced or involuntary disappearances.  It also endorsed the Commission’s decision to request the Chairperson of the fifty-seventh session of the Commission to appoint an independent expert to examine the existing international criminal and human rights framework for the protection of persons from enforced or involuntary disappearances.

Further by the draft, the Council also endorsed the Commission’s decision to establish, at its fifty-eighth session, an inter-sessional open-ended working group with a mandate to elaborate the draft international convention on the protection of all persons from disappearance -– transmitted by the Sub-Commission in its resolution 1998/25 –- for consideration and adoption by the General Assembly.

The representative of the United States, speaking on that decision, said his country was pleased to support the renewal of the mandate of the working group on enforced and involuntary disappearances and commended it on the excellent work it had done.  However, it opposed the setting up of an inter-sessional open-ended working group, which would duplicate work already being handled in several international instruments and two existing treaty bodies. 

Taking note of the Commission’s resolution 2001/57 of 24 April, the Council then adopted a decision on ”Human rights and indigenous issues”.  Acting without a vote, the Council decided to endorse the Commission’s decision to appoint, for a three-year period, a Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.  The Special Rapporteur would, among other things, gather and exchange information and communications from all relevant sources on violations of human rights and fundamental freedoms of indigenous people; and formulate recommendations and proposals on appropriate measures and activities to prevent and remedy violations of their human rights and fundamental freedoms.

By the decision’s terms, the Council also endorsed the Commission’s decision to invite the Special Rapporteur to take into account a gender perspective while carrying out her/his mandate; to pay special attention to violations of the human rights and fundamental freedoms of indigenous children; and to consider the recommendations of the World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance on matters concerning his/her mandate.

The representative of the United States joined the consensus with the understanding that the working group on indigenous populations would focus its next session on how best to hand its work to the Permanent Forum.  With the establishment of a new Special Rapporteur and the working group on a draft declaration, the United States believed the working group on indigenous populations had fulfilled its mandate.

Japan’s representative said he had joined consensus on the understanding that the new Special Rapporteur would take into account the diversity of views on the idea of the definition of indigenous people and would broadly consult Member States.

The representative of the Russian Federation, associating himself with the consensus, thought it premature to appoint a Special Rapporteur. The work of the Permanent Forum on Indigenous Issues should be considered first.

The Council will meet again at a date and time to be announced in the Journal.

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