E/1983/13 E/CN.4/1983/60 COMMISSION ON HUMAN RIGHTS REPORT ON THE THIRTY-NINTH SESSION (31 January - 11 Match 1983) ECONOMIC AND SOCIAL COUNCIL OFFICIAL RECORDS, 1983 SUPPLEMENT No. 3 UNITED NATIONS New York, 1983 Symbols of United Nations documents are composed of capital letters combined with figures Mention of sudi a symbol indicates a reference to a United Nations document 1/1983/13 I /CN 4/1983/60 I. Draft resolutions and decisions recommended for adoption by the Economic and Social Council A. Draft resolutions I. Question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Fights and m the International Covenant on Economic, Social and Cultural Eighth, and study of special problems which the developing countries face m their efforts to achieve these human rights Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on thirty-fifth session III. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its? thirty-fifth session - Updating of the study on the question of the prevention and punishment of the crime of genocide Report of the Sub-Commission on Prevention of Biscrimination and Protection of Minorities on its thirty-fifth session - The status of the individual and contemporary international law Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and territories - Situation in Equatorial Guinea Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories - Summary or arbitrary e *ecutions Human rights and. scientific and technological developments IV. V. 3 VI. 4 VII. 6 Chap ter I. A. £raft resolutions (continued) Question of the human rights of all persons subjected to any form of detention or imprisonment^ in particular: torture and other cruel, inhuman or degrading treatment or punishment . . * · IX, Question of a convention on the rights of the child · 7 7 Draf t^ decisions 1. Tiolations of human rights in southern Africas report of the Ad^Hoo Working Group of Experts . . . Yiolations of human rights in southern Africa: report of -the Ad Hoc Working Group of Experts . . . The adverse consequences for the enjoyment of human rights, of political, military, economic and other forms of assistance given to colonial and racist regimes in southern Africa · . . . . * . . · · · . Implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination . · 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 . . . . . . . . . . . . . The new international economic order and ·the promotion of human rights Question of i£ie Human rights of all persons subjected to any form of detention or imprisonment, in particular: question of enforced or involuntary disappearances · Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session ~ Updating of the Reporb on Slavery 2. 3. 4, 5, 6, 7« 8. 9. o (continued) Page 10. (Juebtion of the n-olation of human rights and ftmdamental freedoms m any part of the world, with, particular reference to colonial and other dependent countries and territories - Situation of human rights in El Salvador Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories ~ Situation of human rights in Poland Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights in Bolivia , Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights in the Islamic Republic of Iran Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights in Guatemala Question of human rights m Chile 11. 11 12. 11 13. 1 I " 14. 1 12 15. 16. Implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief Eights of persons belonging to national, ethnic, religious and linguistic minorities Organization of the work of the session General decision concerning the establishment of a working group of the Commission to examine situations referred to the Commission under Economic and Social Council resolution 1503 (XLVIIl) and those situations of which the Commission is seized Report of the Commission on Human Rights . . . . . . . 12 17. 13 13 18. 19. 13 13 20. COHTFMLS (continued) II. Question of the violation of human rights in the occupied Arab territones, including Palestine a 1-^6 57. . . ~ "J6 23 III. IV. V. Question of Iranian r i g h t s in Chile Violations of human r i g h t s in southern Africa: report of the Ad Hoc Working Group of Experts The adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to colonial and racist regimes xn southern Africa Question of the realization in all oountries of the economic, social and cultural rights contained in the Universal Declaration of Human Eights and in the International Covenant on Economic, Social and Cultural Rights, and study of speoial problems which the developing countries face in their efforts to achieve these human rights, including! (a) problems related to the right to enjoy an adequate standard of living, the right to development; (b) the effects of the existing unjust international economic order on the economies of the developing countries, and the obstacle that this represents for the implementation of human rights and fundamental freedoms, (c) the right of popular participation m its various forms as an important factor m development and m the realzation of human rights Vhe right of peoples to self-determination and its application to peopoes under colonial or alien domination or foreign occupation * Question of the human rights of all persons subjected to any form of detention or imprisonment, in particular; (a) torture and other cruel, inhuman or degrading treatment or punishment; (b) question of enforced or involuntary disappearances further promotion and encouragement of human rights and fundamental freedoms, including the question of the programme and methods of work of the Commission, alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms . 77-90 VI, 9 1 - 118 VII. 119 - I69 170 - 200 50 201 - 223 54 CONTFNTS (continued) Question of the violation of human rights and fundamental freedoms in any part of the world, with partieuldX reference to colonial and other dependent countries and territories A, B, Question of human rights m Cyprus . . » * . . . 224 - 508 501 - ?03 58 70 Study of situations which appear to reveal a consistent pattern of grogs violations of human rights as provided in Commission resolution 8 (XXIIl) and Economic and Social Council resolutions 1235 (XLIl) and 1503 (XLVIIl): report of the Working Group established by the Commission at its thxrty-eighth session 304 ~ 308 309 · 71 72 73 74 78 81 XI. XII. question of a convention on the rights of the child . Measures to improve the situation and ensure the human rights and dignity of all migrant workers Human rights and scientific and technological developments Implementation of the International Convention on the Suppression and Punishment f the Crime of Apartheid The role of youth in the promotion and protection of human rights, including the question of conscientious objection to military service 316 321 348 363 317 · 322 349 · 3^4 * * 371 Study m collaboration with the Sub-Commission on Prevention of Discrimination and Protection of Minorities of ways and means of ensuring- the implementation of United Nations resolutions bearing on apartheid, racism and racial discrimination? implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination . . 372 - 387 82 85 XVII. XVIII. Status of the International Covenants on Human Rights Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session Rights of persons belonging to national, ethnic, religious and linguistic minorities . . « » . . * 388 - 401 402 - 445 8B 446 - 454 93 COMLE.NIS (continued) Chapter XX. Pa Measures to be taken against all totalitarian or other ideologies and practices, including Nazi, Fascist and neu-Fai=cist, based on racial or ethnic exclusiveness or intolerance, hatred, terror, systematic denial of human rights and fundamental freedoms, or which have such consequences · 455 ~ 475 Advisojy services m the field of human ri^its Communications concerning human rights , <, , o , 476 - 481 482 - 497 94 97 98 XXI, XXII. XXIII. Implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief Consideration of the draft provisional agenda for the fortieth session of the Commission . . . . . Election of a member of the Sub-Commission on Prevention of Biscrimination and Protection of Itmontxes Adoption of the report "Resolutions and decisions adopted by the Commission at its thirty-ninth session ·&· He solutions 498 - 510 511 - 514 101 103 XXIT, XXV. 515 - 518 519 13 · 111 I12 XXVI, XXVII t I983/I. Question of the violation of human ri^its in the occupied Arab territories, including Palestine Resolution A Resolution B ........*..··*··*· · .. ' 112 1983/2. Question of the violation of human rxgjrts in the occupied Arab territories, including Palestine . 1983/3. The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation . . . . . 1983/4* The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation 1983/5. The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation -^3 (JOHTPNTS ((ou i (continued) 1983/6. The right of peoples to beJf detemuiaixun and its application to peoples under colonial or alien domination or foreign occupation « 0,-uestion of Western Sahara . . . 1983/7. 2he right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation Situation in Afghanistan ^ 127 1983/8. The right of peoples to self-de termination and its application to peoples under colonial or alien domination or foreign occupation - Question of East Timor 129 1983/9. Yiolations of human rights in southern Africa: report of the Ad Hoc Working- Group of Experts . . 1983/10, Violations of human ro.gh.ts in southern Africa: report of the Ad Hoc Working Group of Experts . , 1983/11* ^ke adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to colonial and racist regimes in southern Africa . . . . . . 1983/12. Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid 1983/13. Implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination ........ 1983/14. Question of the realization in all countries of the economic, social and cultural rights contained m the Universal Declaration of Human Rights and m the International Covenant on Uconomic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights 1983/l5« Question of the realization in all countries of the economic, social and cultural rights contained m 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 fa.ce m their efforts to achieve these human rights . . . . . . 129 132 153 i")6 137 1J8 139 CONTENTS (continued) Chapter XXVII. A. Resolutions (continued) 1985/16, The new international economic order and the promotion of human rights 1983/1?- Status of the International Covenants on Human Rights . . . . . . . . . . . 1983/18* Question of the human rights of all persons subjected to any form of detention or imprisonment - The implications for human rights of situations known as states of siege or emergency 1983/19, Question of the human rights of all persons subjected to any form of detention or imprisonment, in particular: torture and other cruel, inhuman or degrading treatment or punishment - United Nations Voluntary Fund for Victims of Torture Question of the human rights of all persons subjected to any form of detention or imprisonment, in particular: question of enforced or mv»4.untary disappearances . . . . 1983/21. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session . . . . . . . . . . 1903/22. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session . . . . . . . . . 1983/23* Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session - Discrimination against indigenous populations 1983/24. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session - Updating of the study on the question of the prevention and punishment of the crime of genocide . . . . . 1983/25. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session ~ Updating of the Report on Slavery 143 146 147 148 150 150 152 153 153 CCKBMTS (continued) XXVII. /. Resolutions (continued) 1983/26. Report of the S x i r (oiuuassion on invent tun of Da seramination and Protection of Minorities on its thir-ty-fifth session - The status of the individual and contemporary intern atior al law , . 1983/27. Question of -the human xxghts of all persoi s subjected to any form of detention or imprisonment , ~$^i> O i T 54 1983/28, Measures to "be taken agaunst all totalitarian or other ideologies and practices, including Nazi, Fascist and neo-Fascist, based on racial or ethnic exclusiveness or intolerance, hatred, terror, systematic denial of human rights and fundamental freedoms, or which have such consequences < . . . . . . , , 1983/29· Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights m El Salvador ,, , Question of the violation of human rights and fundamental freedoms in any part of the world, with particular referenoe to colonial and other dependent countries and territories Situation of human rights in Poland . . . » * , 1983/31 · Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent c untries and territories 1983/32. Question of the violation of human rights and fundamental freedoms IXL any part of the world, with particular reference to colonial and other dependent countries and territories - Situation in Equatorial Guinea , 1983/33* Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights m Bolivia . . . . . 155 157 160 CONTENTS (continued) Resolutions (continued) 1983/34« Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories Situation of human m^its in the Islamic Republic of Iran 1983/35. Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and territories Human rights and mass exoduses 1983/36. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories ~ Summary or arbitrary executions ........ 1983/37. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories Situation of human rights in Guatemala Question of human rights in Chile 1983/39. Communications concerning human rights 1983/40. Implementation of the Declaration on the Elimination of A l l Forms of Intolerance and of Discrimination Based on Religion or Belief . . . 1983/41. Human rights and scientific and technological developments 1983/42. Human rights and scientific and technological developments 1983/43« Human rights and scientific and technological developments 1983/44. Human rights and scientific and technological developments - Guidelines, principles and guarantees for the protection of persons detained on grounds of mental ill-health or suffering from mental disorder l6 4 · ' " " ^-"7 -^8 -J-*3" ^-71 ·*· '* '^ '^ 7 ^'° CONTENTS (continued) Chapter X5CVTI, A. Resolutions (continued) 1985/45* Measures to improve the situation and ensure the human rights and dignity of all migrant workers I985/46. The role of youth in Mxe promotion and protection of human rights, including the question of conscientious objection to military service . . . . 1985/47. Advisory services in the field of human rights Assistance to Uganda 1983/48. Question of the human rights of all persons subjected to any form of detention or imprisonment, in particular: torture and other cruel, inhuman or degrading treatment «r punishment Paffe 179 180 181 182 1983/49. Fiarther promotion and encouragement of human rights and fundamental freedoms, including the question of the programme and methods of work of the Commission; alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of hraaan rights and fundamental freedoms - Question of the establishment of a post of United Nations High Commissioner for Human Rights , 183 1983/5O. Further promotion and encouragement of human n ^ i t s and fundamental freedoms, including the question of the programme and methods of work of the Commission; alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms - Development of public information activities in the field of human rights 1983/51. Further promotion and encouragement of human rights and fundamental freedoms, including lite question of the programme and methods of work of the Commission; alternative approaches and weys and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms 1983/52. Question of a convention on the rights of the child 1993/53. Hights of persons belonging to national, ethnic, religious and linguistic minorities .·· 184 186 188 1^9 PON W T R (c- 1983/101. Organisation of work 1983/IO?, Additional meeting tune 1985/103. Question of human rights in Guatemala 1983/104. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirtgr-fxfth session - Question of hearing and receiving information concerning torture or cruel, inhuman or degrading treatment or punishment 1983/105. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session 1983/106. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories 1983/107. Question of human rights in Cyprus 1983/108, Further promotion and encouragement of human rights and fundamental freedoms, including the question of the programme and methods of work of the Commission; alternative approaches and ways and means within -the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms 1983/109. Organization of the work of the session 1983/HO. General decision concerning the establishment of a working group of the Commission to examine situations referred to the Commission under Economic and Social Council resolution 1503 (XLVIII) and those situations of whioh the Commission is seized 1983/lH. Composition of the group of three members of the Commission who are also representatives of States parties to the International Convention on the Suppression and Punishment of the Crime of Apartheid to consider reports submitted "by States parties m accordance with article VII of the Convention 190 191 191 I9I 191 192 192 192 ] 93 193 194 (continued) Chapter XXVXU B. Lepisiqn.s (continued) 1985/112. Q,;fibtion of the hxwan l i g h t s of persons subjected t o any .form of detention or imprisonment . . . » e s , , . « . , ,, , , , . , . 198V115. Draft provi&i.oral oger^a for -the fortieth session , 194 XXVIII. Organization of the t h i r t y - n i n t h session A. B. G. D. E. P. Opening and duration of the session Attendance , 8 5^0 - 541 520 - 522 525 524 525-526 527 - 537 . . . 538 5^1 195 195 195 195 195 96 197 Election of officers , . . , , . . . * . . . . , Agenda Organization of work Meetings, resolutions and documentation Annexes I. II. III. Attendance Agenda » 199 Administrative and programme budget i^lioations of resolutions and decisions adopted ity the Commission at its thirty-ninth session » . . . . * » · . . . . . , , . List of documents issued for th"e thirty-ninth session of the Commission ., ABBBBYIATIOKS IV". ILO SWAPO I f f l D b C O I n t e r n a t i o n a l Laboui Organisation South West Africa People's Organization United Nations Educational, Scientific and Cultural Organization I. D-tUTT RI SOLUTIONS AM) DECISIONS ETCOIMLNBED T O R AD^PT r B y T H E LCQNOlITG A M D SOCIAL COUNCIL Draft resolutions I. Question of t h e r e a l i z a t i o n i n a l l oountra.es of t h e e a s o c i a l and c u l t u r a l r i g h t s contained i n the i Universal Declaration of Human Rights and m the I n t e r n a t i o n a l Covenant on Economic, Social and Cultural Rights, i and, stuny of speoia^ problems which t h e developing countries lace i n t h e i r eiToifcq t o achieve these human n p h t s 1 / ihe i Economic and Social Oounoil, R e c a l l i n g l l s r e s o l u t i o n 1929 (LVIIl) of o May 1975S m which i t noted t h a t , t o "be e f f e c t i v e , popiJar p a r t i c i p a t i o n should "be consciously promoted "by Governments with f u l l r e c o g n i t i o n of c i v i l , p o l i t i c a l , socaal s economic and c u l t u r a l r i g h t s and through innovative measures, including s t r u c t u r a l changes and i n s t i t u t i o n a l reform and development, a& well a s through t h e encouragement of a l l forms of education designed fco involve a c t i v e l y a l l segments of s o c i e t y , R e c a l l i n g f u r t h e r General Assembly r e s o l u t i o n s 52/130 of 16 December 19/7, 34/46 ol 23 November 19^9 and 37/55 of 3 D e c k e r 1982, !· HecjU.es t s the Secretary-General t o undertake a comprehensive a n a l y t i c a l study on "The r i g h t t o popular p a r t i c i p a t i o n m i t s various forms as an important f a c t o r i n the f u l l r e a l i z a t i o n of a l l human r i g h t s " , and t o submit a p r e l i m i n a r y study t o t h e Commission on Human Rights at i t s f o r t i e t h session and Lhe f i n a l study at i t s forty-first sefasion3 2. Eurther requests the Secretary-General xn the preparation of the study to take account of the work on the concept and practice of popular paiticipatjon which has been cairied out by relevant Tnited Nations organs, specialized agencies and other bodies, as well as of tho views excreased at the thirty--ninth session of the Commission on Human Rights and such vae^s on, inter a l i a , relevant national experiences as may be submitted by Governments in response to General Assembly resolution 37/55 of 3 December 1^82 and the present resolution. II. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on i t s t h i r t y - f i f t h session 2 / The Economic and Social Council, Recalling the terms of reference of the Sub-Commission on Prevention of Discrimination and Prctection of llmorities, and xn particular Commission on Human Rights resolutions 17 (XXXVIl) of 10 liarch I98I and 1982/ 3 of 10 March 1982, 1/ 2/ See chap. JXSfLl, sect. A, resolution 1983/14, and chap. VI. See chap. iXtfll, soct. A? resolution 1983/21, and chap. XVIII. Recalling m particular that members of the Sub-Commis3ion are elected by the Commission as experts in their individual capacity, Considering' that the same criteria and qualifications should apply to alternates as to members, Decide^ that, notwithstanding rule 13, paragraph 23 of the ruleb of procedure of the functional commissions of the Economic and Social Council, the following rules shall henceforth apply to the Sub-Commission on Prevention of Discrimination and Protection of Minorities: (a) Hominabions of candidates for membership of the Sub-Commission may be accompanied "by blip nomination of an expert of the same nationality, to "be elected simultaneously and together with the candidate, and to serve temporarily as an alternate for him if he ib unable to attend, ("b) The qualifications for alternates shall "be the same as for members, (c) E T o person may serve as alternate for a member except the expert elected with him. III. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on i t s thirty-fifth session - Updating of the study on bhe ciu.es^.i.on.,,,.o/.,,,jih;e,,.,}3.reventi|j.on and punishment of the crime of genocide 3/ The Economic and Social Council, Mindful of resolution 1902/2 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities and resolution 1983/24 of the Comnifesion on Human Rightsf related to the revision and updating of the study on the question of the prevention and punishment of the crime of genocide, 4/ !· Requests the Sub-Commission -> P -=vo->tion o" Di =sc:i uni ution and Protection of Minorities to appoint one of 2ts members as Special Rapporteur with the mandate bo revise, as a whole, and update the study on the question of bhe prevention and punishment of the crime of genocide taking into consideration the viewg expressed "by the members of the Sub-Commission and the Commission on Human Rights, as well as replies of Governments, specialized agencies and other organizations of the United Nations system, regional organizations and non-governmental organizations to a questionnaire to be prepared "by the Special Rapporteur, 2. Further requests the Sub-Commission to consider and to submit to the Commission on Human Rights at i t s fortieth session the aforementioned revised and updated study. 3_/ See chap. XXVII, sect. A, resolution 1983/24* and chap. XVIII, V E/C1M/Sub. 2/416. IV. Report of the Sub-Commission on Prevention of discrimination and Protection of Minorities on i t s thirty-fifth session - The status of the individual and contemporary international law 5/ The Economic and Social Council, hindful of resolution 1982/35 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities and Commission on Human Bights resolution 1983/26 of 4 March 1983, Expressing i t s deep appreciation to the Special Rapporteur, Mrs. Lnca-Irene A. Daes, for the work she has BO far accomplished in connection with the important study m progress on "The status of the individual and contemporary international law", !· Bequests the Special Rapporteur to continue her work on the above-mentioned study with a view to submitting} if possible, her final report to the Sub-Commission at i t s thirty-sixth session, 2* Bequests the Secretary-General to transmit a reminder with the relevant questionnaire to Governments) specialized agencies, regional organizations, intergovernmental organisations and non~governmental organizations which have not yet replied, to submit if they wish to do so their comments on and replies to the questionnaire of the Special Rapporteur 3. further requests the Secretary-General to give the Special Rapporteur a l l the assistance she may require ]n her work. V. Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and t e r r i t o r i e s - Situation in Equatorial Guinea 6/ The Economic and Social Council, Recalling i t s resolution 1982/36 of 7 May 1982, Bearing m mind Commission on H u m a n Rights resolution I983/32 of 8 March 1985, Mindful of the role that the United Nations could play m the promotion, protection and restoration of human rights and fundamental freedoms in the world, Conscious of the request of assistance m the restoration of country with a view to ensuring, participate m the management of the Government of Equatorial Guinea for human rights and fundamental freedoms m that m particular, the right of the population to public affairs m the country, 5/ 6/ See chap. XXVII, sect. A, resolution 1983/26, and chap. XVIII. See chap. XXVII, sect. A, resolution 1983/32, and chap. X. 1. Takes note of the meetings held between the Permanent Kepresentative of Equatorial Guinea to the United Nations and officials of the United Jfations Development Programme, 2. Takes note of the report submitted by two constitutional experts, Mi. Ruben Hern&ndez-Valle and Mr, Jorge Ramo Laguardia, who were recruited by the Secretary-General, at the request of the Government of Equatorial Guinea, to assist tlie Equatorial Guinea National Commission to draft a constitution for that country, 3. kncourages the Government of Equatorial Guinea to continue to display the same spirit of co-operation m implementing the plan of action prepared by the Secretary-General at the request of the Government of Equatorial Guinea, 4* requests the Secretary-General, in conjunction with the Government of Equatorial Guinea, to consider what further measures could be taken by the United Nations to assist the Government in the continued implementation of the plan of action and to report to the Commission on Human Rights at i t s fortieth session, t>- Requests the Commission on Human Eights, m the light of the Secretary-General's report, to reconsider tins question at i t s fortieth session under the agenda item 'Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and t e r r i t o r i e s " . VI. Question of the violation of human rights and fundamental freedoms ixi any part of the world^ with -particular reference to oolonial and other dependent cpuntriesi and t e r r i t o r i e s - Summary or arbitrary executions 7/ The Economic and Social Council, Recalling the Universal Declaration of H u m a n Rights, which guarantees the right to l i f e , liberty and security of person, Havmp repard to the provisions of the International Covenant on Civil and Political Rights, which states that every human being has the inherent right to life> that this right shall be protected by lav and that no one shall bo a r b i t r a r i l y deprived of his l i f e . Recalling General Assembly resolution 34/175 of 17 December 1979 in which the General Assembly reaffirmed that mass and flagrant violations of human rights were of special concern to the United Nations and urged the Commission on Human Rights to take timely and effective action m existing and future cases of mass and flagrant violations of human rights, See chap. XXVII, sect. A, resolution 1983/36, and chap. X, Mindful of General Assembly resolutions 36/22 of 9 November 1981 and 37/182 of 17 December 1982, which condemn the practice of summary and arbitrary executions, Bearing m mnd resolution 5 on extra-l^gal executions adopted by the Si^th United Nations Congress on the Prevention of Grime and the Ireatment of Offenders, §/ Taking note of resolutions 1982/10 and 1982/13 of tho Sub-Commission on Prevention of Discrimination and Protection of Minorities m which the Sub-Commission recommended that effective measures should be adopted to prevent the occurrence of summary and arbitrary executions, including extra-legal exe cutions, Deeply alarmed about the occurrence on a large scale of summary or arbitrary executions, including extra-legal executions. Convinced of the need to continue to deal urgently with the question of summary or arbitrary executions, including extra-legal executions, 1. Strongly deplores, once again, the increasing number of summary or arbitrary executions, including extra-legal executions, which continue to take place a.n various parts of the world, 2. Appeals urgently to Governments, United Nations bodies, the specialized agencies, regional intergovernmental organizations and non-governmental and humanitarian organizations to take effective action to combat and eliminate summary or arbitrary executions, including extra-legal executions; 3. Takes note of the report %j of Mr. S.A. Wako, Special Rapporteur, submitted m accordance with i t s resolution 1982/35 of 7 Kay 1982; 4* Decides to continue the mandate of the Special Rapporteur, Mr. S.A, Wako, for another year, Considers that the Special Rapporteur m carrying out his mandate should continue to seek and receive information from Governments, United Nations bodies, specialized agencies, regional intergovernmental organizations and non-governmental organizations m consultative status with the Economic and Social Council, §/ See Sixth United Nations Congress on the Prevention of Crime and the Treatment 01 Offenders; Report prepared by the Secretariat (United Nations publication, Sales No. E.8I.IV.4), 1 chap. I , sect. B. 9/ E/CN.4/1983/16 and Add.l. 7Expresses i t s appreciation lo those Governments which have exbei ded invitations to fche Special Bapporteur to visit their respective counLnes and urs the Special Rappoitbur to respond positively to such invitations, 8" tfrreb a l l Governments and a]l others concerned to co-operate with and assist the opecid.1 Rapporteur, 9. Bequebts the Secretary-Geaeral to provide a l l necessary assistance to the Special Rapporteur · L O * PecidGS that the Commission on Human Rights should consider the question of summary or arbitrary executions as a matter of high priority at i t s fortieth session undei tha agenda item 'Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and t e r r i t o r i e s " . VII. Human rights and scientific and technological developments 10/ The Economic and Social Council, Mindful of resolution 1982/34 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and Commission on Human Rights resolution 1983/44 of 9 Harch 1983} entitled "Human nghbs and scientific and technological developments - Guidelines, principles and guarantees for the protection of persons detained on grounds of mental i l l - h e a l t h or suffering from mental disorder 1 , Expressing i t s aeep appreciation to the Special Rapportem, Mrs. Erica-Irene A. Daes, for her work m preparing her report, l l / Noting also jjith appreciation the report of the Sub-Commission's sessional working group on th» question of persons detained on the grounds of mental i l l - h e a l t h , 12/ !· Bequests the Special Rapporteur expeditiously to supplement her final report containing the "body of principles, guidelines and guarantees as well as the summary compilation of replies received from Governments and specialized agencies, talcing into account the basic views expressed m the Sub-Commission and m the Commission on Human Rights, and to include m the report any new replies from Governments or specialized agencies that might; be transmitted m the meantime, I. Requests the Sub-Commission to establish a sessional working group and to allocate to i t appropriate time and f a c i l i t i e s for a proper examination, as a matter of the highest priority, of the above-mentioned body of principles, guidelines and guarantees and to submit the revised final report of the Special Rapporteur including the documentation referred to m paragraph 1 above to the Commission on H u m a n Bights at i t s fortieth session, 10/ 11/ 12/ See chap. XXVIT, sect. As resolution 1983/44, and chap. XIII. E/CN.4/Sub.2/1982/16, r/CH". 4/Sub. 2/l9O?/l7. 3* Requests the Secretary-General to provide the Special Rapporteur with a l l assistance needed for the completion of her work. VIII. Question of the human rights of a l l persons subjected to any form ol detention or imprisonmentt m particular torture and other cruel, inhuman or degrading treatment or punishment 13/ The Lfc;aonu.c and Sooial Council., Recalling General Assembly resolutior 3//193 of 18 December 1982, by which the Commission on Human Eights was requested to complete a & a matter of the highest priority, at i t s thirty-ninth session, the drafting of a convention on torture and other cruel, inhuman or degrading breatment or punishment, and Lconomic and Social Council resolution 198?/^8 of 7 May 1982, bj which tho Council authorized a meeting of an open-ended working group of the Commission on Human Rights for a period of one week prior to the Commission's thirty-ninth session to complete the work on a diaft convention against torture and other cruel, inhuman or degrading treatment or puna shment} Considering that i t was not found possible to complete the work on the draft convention during tire thirty-ninth session of the Commission, Taking note of Commission on Human Rights resolution 198J/48 of 9 Harch 1983, 1, Authorizes a meeting of an open-ended working group foi a period of complete one weel prior to the fortieth session of the Commission on Human Rights to c the work on a draft convention against torture and other cruel, inhuman or degrading treatment or punishment 2. Requests the Secretary-General to transmit to the Gomrnission on Human Rights at i t s fortieth session a l l relevant material relating to the draft convention. IX, i^uestion of a convention on the rights of the child 14/ The Economic and Social Councils Recalling General Assembly resolution 37/190 of 18 December 1982, by which the General Assembly requested the Commission on Human Rights to continue to give the highest priority at i t s thirty-ninth session to the question of completing the draft convention on the rights of the child, and Lconomic and Social Council resolution 1982/37 of 7 Hay 1982, by which the Council authorized a meeting of an open-ended working group for a period of one week prior to the thirty-ninth session of the Commissioi to f a c i l i t a t e the completion of the work on the draft convention on the rights of the child, Considering that i t was not found possible to complete the work on drafting the convention during the thirty-ninth session of the Commission, 13/ 14/ See chap. XXVII, sect. A, resolution 1983/48, and chap. VIII. See chap. XXVII, sect. A, resolution 1983/52, and chap. XI. Taking note of the Commission on Human Eights resolution 1983/52 of 10 llarch 1 9 8 % 1. Authorizes a meeting of an opon-ended working group for a period of one week prior to the fortieth session of the Commission on Human Eights to facilitate and speed up the completion of the work on a draft convention on the rights of the child, 9. Eequests the Secretary-General to transmit documents relating to the draft convention on the rights of the child to the Commission on Human Eights at its fortieth session and to extend all facilities to the open-ended working group during its meeting prior to the fortieth session of the Commission, B, 1* Draft decisions report Violations of human rights m southern Africa: of the Ad,HOG Working Group of Experts 15/ The Economic and Social Council, noting Commission on Human Eights resolution 1983/9s of 18 February 1983* endorses the Commission's decisions fco renew the mandate or the Ad. Hoc Working Group of Experts and t o request the Group to submit a report on i t s findings L o the Commission at i t s f o r t y - f i r s t session at the l a t e s t and to submit a progress report to the Commission at i t s fortieth session. The Council also endorses the Commission's decisions to authorize the A d Hoc Working Group to organize m 1984 a seminar to consider the most effective means of reinforcing the Commission's efforts so eliminate apartheid, racism and racial discrimination and to authorize the Chairman of the A d Hoc Voiking Group of Experts to participate m conferences, symposia, seminars or other events connected with the action against apartheid organized under the auspices of the Special Committee against Apartheid and the United Nations Council for Namibia. The Council further requests the Secretary-General to provide every assistance ce within available resources to to enable the Ad A d Hoc Hoc Working Working Group of of E Experts to discharge arge its i t s responsibilities m m accordance with paragraphs 17 17 and 18 of of Commission resolution 1983/9 a11^ with its terms of reference. 2. Violations of human rights m southern Africa: of the A d Hoc Working Group of' Experts 16/ report The Economic and Social Council, noting Commission on Human Eights resolution 1993/9 of 18 February 1983S and- pursuant to the Commission's request contained, m paragraph 22 of that resolution., decides " f c o transmit Commission on Human Eights resolution 3 983/9 to the General Assembly-j the Security Council, the Special Committee against Apartheid and the United Nations Council for Namibia. l^/ 16/ See chap. XXVII 5 sect. A, resolution 1983/9, and chap.IV. See chap, XXVII, sect. A, resolution 1983/9, and chap. IV. 3. The adverse consequences for the en-]oyment of human n p h t s of p o l i t i c a l , m l i t a r y , economic and other forms ot assistance given to colonial^and racist regimes m southern Africa 17/ The Tconomic and Social Council; noting Commission on Human Rights resolution 1983/11 of 18 February 1983, endorses the Commission's decision to welcome the decision of the Sub-Commission on Prevention of Discrimination and Proteotioi of h m o r i t i e s to mandate Mr. A h m e d Khalifa, Special Rapporteur, to continue to update the l i s t of banks, transnational corporations and other organizations assisting the racist regime m South Africa, subject to annual review,, and to submit, through the Sub-Commission, the revised report to the Oomtiission. 4. Implementation.^of the Programme for the Decade for Acbion to Combat Racism and Racial Discrimination"187 The Economic and Social Council, noting Commission on Human Rights resolution 1983/13 of 18 February 1983? endorses the Commission's decision to designate i t s Chairman and t i e Chairman of the A d Hoc Working Group of Experts on southern Africa to represent the Commission at the oecond World Conference to Combat Racism and Racial Discrimination, to be held at Geneva from 1 to 12 August 1983. 5. Question of the realization m a l l countries of the economic, social andi-cultuj,al rights contained m the Universal .Declaration of Human Rights and m the International Covenant on Economic, social and Cultural Rights? and study of special problems which the developing countries^face in t h e i r efforts to achieve these human rights 19/ The Economic and Social Council, noting Commission on Human Rights resolution 1983/15 of 22 February 1983, endorses the Commission's decision to reconvene the Working Group of Governmental Hrperts on the Right to Development v i t h the same mandate in. order to allow i t to elaborate, on the basis of i t s report and a l l the documents already submitted or to be submitted, a draft declaration on the right to development. The Council also endorses the Commission's request to the Working Group to hold two meetings of two weeks each xn Geneva, the f i r s t m June 1983 and the second 1 1 1 November/Deaember 1983, and requests the Secretary-General to provide a l l necessary assistance to the Working Group, 6. The new international economic order and the promotion of human right;s go/ The Economic and Social Council, noting Commission on Human Rights resolution I983/16 of 22 February 1982, authorizes the Sub-Commission on Prevention of Discrimination and Protection of Minorities to entrust Mr. Eide 17/ 18/ 19/ 20/ See chap. XXVII, sect. A, resolution I983/II, and chap. V. See chap. XXVII, sect. As resolution 1983/13, and chap. XVI See chap. XXVII, sect. A, resolution 1983/15, and chap. VI. See chap, XXVII, sect. A, resolution I983/16, and chap. VI. _ 9 _ with the preparation of a study on the right to adequate food as a human right. The Special .Rapporteur, m elaborating his study, should take into account a l l relevant work being done within the United Hations system and should consult with organs and agencies such as the "Uorld rood Council, the J'ood and Agriculture Organization of the United Nations and the United Jations Conference on Trade and Development and relevant non-governmental organizations in the field. In his study the Special Rapporteur should give special attention to the normative content of the right to food and i t s significance m relation to the establishment of the nev international economic order. The Council further requests the S Secretary-General to give the Special Rapporteur a l l the assistance he may require m his work, and requests the Special Rapporteur to submit his preliminary report to the Sub-Commission at i t s thirty-sixth session and his final report to the Sub-Commission at it's thirty-seventh session. 7. Question of the human n p h t s of a l l persons subipcted to any form of detention or imprisonment, in part^cular.^ question of enforced or involuntary disappearances 21/ The Economic and Social Council, noting Commission on Human Rights resolution 1983/20 of 22 February 1983} approves the Commission's decision to extend for one year the term of the mandate of the Working Group on Enforced or Involuntary Disappearances, as laid down m Commission resolution 20 (XXXVI) of 29 February 1980, and requests the Secretary-General to continue to provide the forking Group with a l l necessary assistance, m particular the staff and resources i t requires to perform i t s functions m an effective and expeditious manner, and, if necessary, to make the appropriate arrangements to ensure the continuity of the Secretariat's vork. 8. Report of the Sub-Commission on Prevention of Discrimination and Protection of Tflmonties on i t s Jjiirty-flft'h session 22/ The economic and Social Council, noting Commission on Human Rights resolution 1983/22 of 4 March 1983, endorses the Commission's invitation to the Sub-Commission on Prevention of Discrimination and Protection of Minorities to be present, through i t s Chairman or another member i t may designate, at the consideration of i t s report during the fortieth session of the Commission on Human Rights, 9. Report of the Sub-Commission on Prevention of Discrimination and protection of Minorities on i t s t h i r t y - f i f t h session 'updating of the Report on Slavery 23/ The Economic and Social Council, noting Commission on Human Rights reso]ution 1983/25 of 4 March 1983, decides that the report prepared by Mr. Benjamin Whitaker, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, entitled "Updating of the Report on Slavery submitted to the Sub-Commission m I966" should be printed and given the widest possible distribution, including distribution m Arabic. 21/ See chap. XXVII, sect. A, resolution 1983/20, and chap. VIII. 2.2/ See chap. XXVII, sect. A, resolution 1983/22, and chap. XVIIT. 23/ See chap. XXVII, sect. A, resolution 1983/25, and chap. XVIII. 10. Question of the violation of human rights and fundamental freedoms m any part of the world, with p a r t i c u l a r reference to colonial and other dependent countries and t e r r i t o r i e s - Situation of human rights m M .Salvador 24/ The Economic and Social Council, noting Commission on human Rights resolution I983/29 of 8 March 1983, endorses the Commission's decision to extend the mandate of the Special Representative for another year and to request him to present his report on further developments m the situation of human rights m El Salvador to the General Assembly at i t s thirty-eighth session and to the Commission on Human Rights at i t s fortieth session, and requests the Secretary-General to give a l l necessary assistance to the Special Representative of the Commission, 11. Question of the violation of human rights and fundamental freedoms m any part of the world ?i witn particular reference to colonial and other dependent countries and t e ri it one s - S ituati o n ^ i of Jmman r 1 ^ht s in Poland 2^/ The Economic and Social Council, noting Commission on Human Rights resolution 1983/30 of 8 March 1983, endorses the Commission's decision to request the Secretary-General or a person designated by him to update and complete the thorough study of the human rights situation m Poland requested m i t s resolution 1982/26, "based on such information as he may deem relevant, including comments and materials the Government of Poland may wish to provide, and to present a comprehensive report to the Commission at i t s fortieth session. 12. (foestion of the violation of human rights and fundamental freedoms in any part of the world,, with particular reference to colonial and other dependent countries and t e r r i t o r i e s -- Situation of human rights m Bolivia 26/ The Economic and Social Councils noting Commission on Human Rights resolution 1983/33 of 8 harch 1983? endorses the Commission's decision to reques the Secretary-General to provide advisory services and other forms of appropnat human rights assistance as may be requested by the constitutional Government of Bolivia. 13* Question of the violation of human rights and fundamental freedoms m any part of the world^ with particular reference to colonial and other dependent countries and t e r r i t o r i e s - Situation of human rights 1 1 1 the Islamic Re-public of Iran ~Zj] ' The Economic and Social Council, noting Commission on Human Rights resolution 1983/34 of 8 March 1983, endorses the Commission's request that the Secretary-General or his representative continue direct contacts vith the 24/ 2y 26/ 2j/ See chap. XXVII, sect. A, resolution 1983/?9, and chap. X. See chap. XXVII, sect. A, resolution 1983/30, and chap. X. See chap. XXVII, sect. A, resolution 1983/33, and rhap* X. Spe chap. XXVII, sect. A, resolution 1983/34, and chap. X. - 11 - Government of the Islamic Republic of Iran on the grave human rights situation prevailing m that country, including the situation of the Baha'is, and that the Secretary-General or his representative submit to the Commission at i t s fortieth session a comprehensive report on the direct contacts and the human rights situation m the Islamic Republic of Iran including conclusions and suggestions as regards the respect for human rights and fundamental freedoms :n that country. 14. Question of the violation of human rights and fundamental freedoffs^ in any part of the world, with particular reference to colonial and other dependent countries and t e r r i t o r i e s - Situation of human rights m Guatemala 28/ The Economic and Social Council, noting Commission on Human Rights resolution 1983/37 °f 8 March 1983) endorses the Commission's decision to request once again that the Chairman appoint with the shortest possible delay, after consultation with the Bureau of the Commission, a Special Rapporteur of the Commission whose mandate will be to make a thorough study of the human rights situation m Guatemala, based on a l l information which he may deem relevant, including any comments and information which the Government of Guatemala may wish to submit, and to request that the Special Rapporteur present an interim report to the General Assembly at i t s thirty-eighth session and a final report to the Commission at i t s fontieth session. The Council also requests the Secretary-General lo give a l l necessary assistance to the Special Rapporteur. 15. Question of human riphts in Chile 29/ The Economic and Social Council, noting Commission on Human Rights resolution 1983/38 of 8 March 1983, endorses the Commission's decision to extend the mandate of the Special Rapporteur on the situation of human rights m Chile for a year and requests the Secretary-General to ensure that sufficient financial resources and staff are provided for the implementation of Commission on Human Rights resolution 1983/38. l6. Implementation of the Declaration on the Elimination of All Forms of Intolerancei and of Discrimination Based on Religion or Belief 30/ " The Economic and Social Council, noting Commission on Human Rights resolution 1983/40 of 9 March 1983s endorses the Commission's request to the Secretary-General to hold vithin the framework of the advisory services programme m the period 1984-1985 a seminar on the encouragement of understanding, tolerance and respect m matters relating to freedom of religion or belief. 28/ 29_/ 30/ See chap. XXVII, sect. A, resolution I983/37, and chap. X. See chap. XXVII, sect. A, resolution 1983/38, and chap. I I I . See chap. XXVII, sect. A, resolution 1983/40, and chap. XXIII. 17- Rights of persons belonging to national. ethnic, religious and linguistic minorities 51/ The Coonomxc and Socxal Council, noting Commission on Human Rights resolution 1983/53 of 10 Harch J-983j endorses the Commission's decision to establish at i t s fortieth session an open-ended working group to continue consideration of the revised draft declaration on the rights of persons belonging to national, ethnic, religious and linguistic minorities proposed by Yugoslavia, taking into account a l l relevant documents. 18, Organization of the work of the session 3_2/ The Economic and Social Council, noting Commission on Human Rights decision 1983/109 of 10 llarch 1983, decides to authorize 20 fully-serviced additional meetings, including summary records, for the Commission's fortieth session and endorses the Commission's request to the Chairman of the Conmission at i t s fortieth session to make every effort to organize the work of the session within the normal allotted time, the additional meetings authorized to be utilized only if such meetings prove to be absolutely necessary. 19. General decision concerning the establishment of a working group of the Commission to examine situations referred to the Commission under Economic and Social Council resolution 1503 (XLVTII) and those situations of which the Commission 13 seized 33/ 3?he Economic and Social Council approves the decision of the Commission, m i t s decision 1983/HO of 28 February 1983j to set up a working group composed, of five of i t s members to meet for one week prior to the fortieth session to examine such particular situations as might be referred to the Commission by the Sub-Commission on Prevention of Discrimination and Protection of Minorities at i t s t h i r t y - s i x t h session under Economic and Social Council resolution 1503 (XLVIIl) and those situations of which the Commission i s seized. 20. Report of the Commission on Human Rights $4/ The Economic and Social Council takes note of the report of the Commission on Human Rights on i t s thirty-ninth session. _5_l/ 32/ 3.3/ 34/ See chap. XXVII, s e c t . A, resolution 1983/53, and chap, XIX. See chap. XXVII, s e c t . B, decision 1983/109, and chap. XXVIII. See chap. XXVII, s e c t . E, decision 19Q3/11O, and chap. X. See chap. XXVI. II. QUiSHON OF T H E VIOLATION OF H U M A H RIGHPS IN ME OCCUPIED A R A B TERRITORIES, INCLUDING- PALESTUK 1. The Commission considered agenda item 4 concurrently with item 9 (see chap. ¥11 below) a t 3 t s 2nd t o 6th meetings, held from 1 to 3 February, and a t i t s 21st and 22nd meetings, held on 15 February 1983* 2. By i t s r e s o l u t i o n 1982/l A of 11 February 1982, t h e Commission had decided to p l a c e t h a t item on the p r o v i s i o n a l agenda f o r i t s t h i r t y - n i n t h session as a matter of high p r i o r i t y . 3. In accordance with paragraphs 12, 13» 14 and 15 of resolution 1982/1 A, the Commission had before i t : a note by the Secretary-General pursuant to the Commission's request for relevant information concerning Arabs detained or imprisoned as a result of their struggle for self-determination and the liberation of their t e r r i t o r i e s (E/CN.4/1983/5), a report of the Secretary-General on the measures taken to bring resolution 1982/1 A to the attention of all Governments; the competent United Hations organs, the specialised agencies, rpgional intergovernmental organizations and the international humanitarian organizations and to give i t the widest possible publicity (E/C1T.4/1983/7) s and a note by the Secretary-General (E/CN.4/1983/6) l i s t i n g a l l United Nations reports issued since the thirty-eighth session of the Commission that deal with the situation of the population of the occupied t e r r i t o r i e s , including Palestine; A/37/13, A/37/35) A/37/427, A/31/425, A/37/485; A/37/541 and A/37/214. In addition, the Commission had before i t a report of the Secretary-General on the seminar on violations of human rights m the Palestinian and other Arab t e r r i t o r i e s occupied by Israel (E/CN.4/1983/8), as well as the report of that seminar ( ST/SR/SER .A/14). 4. The Commission heard statements by the observers for Algeria (3rd meeting), Bahrain (4th meeting), the Byelorussian S S R (6th meeting), Democratic Yemen (5th meeting), Egypt (6th meeting), the German Democratic Republic (6tli meeting), Hungary (6th meeting), Iraq (6th meeting) s Israel ( 3 ^ , 5th and 6th meetings), Kuwait (6th meeting), Madagascar (5th meeting), Morocco (6th meeting), Somalia (5th meeting) and the Syrian Arab Republic (5th and 6th meetings). Statements were also made by the representative of the League of Arab States (6th meeting) and the representative of the Palestine Liberation Organization (2nd, 4th, 5th and 6th meetings). 5« The Commission also heard statements by the following non-governmental organizations m consultative status (category Il)s International Commission of Jurists (4th meeting), International Organization for the Elimination of All Forms of Racial Discrimination (4th meeting), Afro-Asxan Peoples' Solidarity Organization (5th meeting). 6. The report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (A/37/495) w a s referred to by most of the speakers, w h o commended i t s objectivity and impartiality and deplored I s r a e l ' s persistent refusal to co-operate with the Special Committee. The majority of speakers noted that the report reflected a further deterioration of the situation m the occupied Arab t e r r i t o r i e s , as exemplified by I s r a e l ' s continuing policy of annexation and establishment of Jewish settlements, which led to an increasing number of violent acts by s e t t l e r s , often resulting in death and serious injuries among the local population. Demolition of houses and dismissal of elected mayors and other representatives of the local population also continued, as did massive arrests, ill-treatment of detainees and interference with the fundamental freedoms of the population. S o m e speakers referred to the report's conclusion that the violation of human rights in the occupied t e r r i t o r i e s would cease only when the Palestinian people was allowed to enjoy i t s right to selfdetermination and statehood. A majority of speakers also referred to the seminar on violations of human rights in the Palestinian and other Arab b e m t o n e s occupied " f a y Israel, held at Geneva from 29 November to 3 December 1982, and endorsed i t s conclusions f ST/kR/SER .A/l4j chap IV) . 7. The overwhelming majority of speakers condemned the Israeli invasion of Lebanon and, m particular, the massacre of Palestinian and Lebanese civilians m the Sabra and Shatila camps and elsewhere m Lebanon. Some speakers described this massacre as an act of genocide aimed at the destruction of the Palestinian people as an historic and ethnic entity and stated that i t constituted a breach of the Convention on the Prevention and Punishment of the Grime of Genocide, to which Israel was a signatory. Those speakers compared this act to the crimes committed by Nazis during the Seconi World War. In the view of many delegations, Israel was responsible for this massacre. Some thought that punitive measures should therefore be taken against that country. Several speakers added that the responsibility for the massacre should also be borne by those w h o put weapons m the aggiessor's hands. Several delegations suggested that the Commission should request the General Assembly to declare 18 September a day of commemoration of the victims of the massacre at Sabra and Shatila. Some delegations recognized that Israel had set up a commission of inquiry and that this commission had recommended measures in response to the events m Sabra and Shatila. 8. Various delegations which condemned all partial agreements and separate treaties rejected the C a m p David accords m so far as, in their view they violated the inalienable rights of the Palestinian people and contradicted the principles of just and comprehensive solutions to the Mxd&le East problem m accordance with the principles of the Charter of the United Nations and with relevant United Nations resolutions. Several speakers drew a parallel between Zionism and apartheid and condemned the co-operation existing between Israel and the racist regime of faouth Africa. Various delegations said that the C a m p David agreements had a value as a possible step towards a comprehensive peace settlement. 9« The representative of the Palestine Liberation Organization affirmed that Israel was determined to continue flouting the will of the United Nations, as expressed in the relevant General Assembly resolutions aimed at the withdrawal of I s r a e l i lorces from the occupied Arab t e r r i t o r i e s . I s r a e l ' s actions violated the right of the Palestinian people to self-determinatxon. I t continued i t s policy of repression manifested by the destruction of homes, introduction of collective punitive measures, intrusion of armed forces into holy places and deportation of citizens. I s r a e l ' s aim m invading Lebanon was the annihilation of Palestinian presence m that country and the destruction of the militant s p i r i t of the Palestinian people. The speaker was certain that peace-loving forces of the world would make Israel stop i t s aggression and nelp the Palestinian people gain i t s national rights, in particular, the right to return to i t s homeland, the right to have i t s property restored and. the right to establish an independent State led "by the Palestine Liberation Organization. 10. Several speakers referred to a conference held at Nicosia, Cyprus, m August 1982, where an international commission was set up to investigate Israeli crimes against the lebanese and Palestinian people. A number of speakers also referred to the conference of non-aligned countries held recently at Managua, Nicaragua, where support for the Palestine Liberation Organization had been reiterated. 11. Many delegations expressed grave concern at the systematic and constant violations of human rights in the occupied Arab t e r r i t o r i e s , including Palestine, which resulted m the continuous deterioration of the situation m the area. They denounced the assistance, both military and. financial, that Israel received from certain countries, and the policy of oppression to which the population of the occupied territories was exposed. The increased settlement drive, m violation of article 49 °f the fourth Geneva Convention, combined with the behaviour of extreme Jewish settlers towards the local Arab population, was aimed at effecting a radical change m the demographic structure and political status of the occupied t e r r i t o r i e s , and the local population was l e l t without legal remedies. Several delegations endorsed the conclusion of the Special Committee that the fundamental violation of human rights lay m the very fact of occupation. 12. Many speakers condemned the continuing annexation of the Syrian Golan Heights and Jerusalem, whose character as a holy city for the three monotheistic faiths was being altered " b y Israel. They denounced I s r a e l ' s persistent refusal to abide by General Assembly and Security Council resolutions, especially those calling for a complete Israeli withdrawal from the occupied t e r r i t o r i e s , including Jerusalem, and reiterated their conviction that m order to enable the Palestinian people to recover i t s land the relevant United Nations resolutions should be enforced. 13. A number of speakers; whale joining the overwhelmsng majority of speakers m deploring various Israeli policies and practices, clearly affirmed I s r a e l ' s right to exist within secure and recognized boundaries as well as the right oi the Palestinian people to self-determination. 14. In the view of one representative, the issue unler discussion was fundamentally a political one; that of the existence of a state of war between Isreal and most of i t s neighbours since 1948He referred to previous peace efforts undertaken by his country, which had enabled one Arab country to totally recover i t s territory, and to a current peace proposal by his country's President, which he urged all countries interested in obtaining peace in that region to join. 15. The observe! for Israel described the report of the Special Committee as tendentious, "biased and unbalanced, since i t had, m his view, ignored, many positive aspects of the Israeli administration of the areas. He said that I s r a e l ' s legal system guaranteed a l l Palestinian Arabs exactly the same rights as those granted to Israeli citizens, including access to the Supreme Court of Israel. He also pointed out that, despite the gravity of crimes perpetrated against Israeli civilians, there had not been one execution since Israel had administered the territories. He further noted that the local population enjoyed a multitude of civil and political freedoms, and that remarkable advancement had been achieved m the economic, educational and health fields. 16. The representative of the Palestine Liberation Organization rejected the statement made by the observer for Israel as IJLO-T and cynical and stated that, despite the paradisiac description by the Israeli observer of the occupation of Arab t e r r i t o r i e s , there was no such thing as a benign occupation. The speaker noted that the Palestinian people under Israeli occupation was subjected to military government regulations which deprived i t of any meaningful guarantees, as had been stres&ed in the report of the Special Committee to Investigate Israe]i Practices Affecting the Human Eights of the Population of the Occupied Territories. He affirmed, that the allegations of violations of human rignts by Israel were corroborated by such objective bodies as Amnesty International and other human rights organizations. He reiterated his organization's commitment to abide by a l l the pertinent United Nations resolutions and by the resolutions adopted at the Twelfth Arab Summit Conference held at Fez, Morocco. 17. Many delegations favoured the adoption of a strong resolution condemning constant, mass and flagrant violations of human rights m the occupied. Arab territories. S o m e speakers added that the international community should assume i t s responsibility by proceeding beyond the stage of verbal condemnation and impos sanctions against Israel under Chapter "VII of the Charter of the United Nations. 18. Many representatives stated that a comprehenbive settlement m the Middle East rested on the immediate withdrawal of all Israeli troops from Lebanon and the occupied Arab t e r r i t o r i e s , the implementation of the inalienable right of the Palestinian people to self-determination and -the creation of their o w n State with the participation of the Palestine Liberation Organization. In their view, the convening of an international conference with the participation of all concerned, including the "Palestine Liberation Organization, the sole legitimate representative of the Palestinian people, could achieve that aim. 19» At the 21st meeting, on 15 February 1983s the representative of Senegal introduced draft resolutions A and B m document n/CM".4/l983/L.ll sponsored by Algeria, * / Bahrain, _*/ Bangladesh, Bulgaria, Cuba, Cyprus, Democratic Yemen, ^J the German Democratic Republic, */ India, Iraa, */ Tordan, Kuwait, *\j the Libyan Arab Jamahiriya, Madagascar, ^Morocco, * / Mozambique, Nicaragua, Pakistan, Qatar, -*j Senegal, the Syrian Arab Republic, _*/ runisia, ^J the Ukrainian boviet Socialist Republic, the United Arab Emirates, ;*/ the United Republic of Tanzania, Viet Ram, ^/Yugoslavia and Zimbabwe. Gambia, Czechoslovakia, j / the Congo #/ and Afghanistan * / joined the sponsors of the draft resolutions. 20. At the same meeting the representative oi Senegal also introduced draft resolution E/CN.4/1983/L.I3 sponsored by Algeria, * / Bangladesh, Bulgaria, the Byelorussian Soviet Socialist Republic, * / Cuba, China, Czechoslovakia, */ the German Democratic Republic, ^ / India, Jordan, Kuwait, * / the Iibyan Arab Jamahiriya, Madagascar, */Morocco, * / Mozambique, Nicaragua, Pakistan, Poland, Senegal, the Sudan, * / Tunisia, *J the Ukrainian Soviet Socialist Republic, the United Arab Emirates, ;*/ Viet Nam, * / Yemen, *J Yugoslavia and Zimbabwe. Gambia and the Congo _*/ joined the sponsors of the draft resolution. 21. At the same meeting, statements relating to the draft resolutions were made by the representatives of Bangladesh, Canada, Colombia, Jordan and the United States of America, by the observers for Czechoslovakia, Israel and the Syrian Arab Republic, and by the representative of the Palestine Liberation Organization. 22. At the 22nd meeting, on 15 February 1983, draft resolutions E/CN.4/l983/L.ll A and B and draft resolution E/CN.4/1983/L.13 were put to the vote. ^J In accordance with rule 69, paragraph 3 , of the rules of procedure of the functional commissions of the Economic and Social Council. 23. AT the request of the xwyxeoentative of Colombia, a separate vote was taken on operative paragraph 11 of draft resolution F/CN.4/1983/L.II A, and at the request of the representative of Jordan the vote was taken by r o l l - c a l l . The paragraph was adopted by 2? votes to 16, with 5 abstentions. The voting was as follows; In favour; Bangladesh, Bulgaria, China, Cuba, Cyprus, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mozambique, Nicaragua, Pakistan, Poland, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet bocialist Republics, United Republic of Tanzania, Yugoslavia, Zimbabwe. Australia, Canada, Colombia, Costa Rica, l i j i , Finland, France, Germany, Federal Republic of, Ireland, I t a l y , Japan, Meicico, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay. Argentina, Brazil, Philippines, Rwanda, Zaire. Againsti Abstaining; 24- At the request of the representative of the United States of America, a separate vote was taken on operative paragraph 2 of draft resolution r/CN.4/l983/L.ll B, and at the request of the representative of Jordan the vote was taken by r o l l - c a l l . The paragraph was adopted by 41 votes to none, with 2 abstentions. The voting was as follows: In favours Argentina, Australia, Bangladesh, Brazil, Bulgaria, Canada, China, Colombia, Costa Rica, Cuba, Cyprus, Finland, France, Gambia, Germany, Federal Republic of, Ghana, India, Ireland, I t a l y , Japan, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Netherlands, Nicaragua, Pakistan, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Yugoslavia, Zaire, Zimbabwe. None. F i j i , Philippines. 2^. At the request of the representative of the United Kingdom, draft resolutions A and B m document E/CN.4/1985/L.II were voted upon separately, and at the request of the representative of Jordan, the vote was taken by r o l l - c a l l . 26. Draft resolution A was adopted by 29 votes to 1, with 13 abstentions. voting was as follows: In favour; The Argentina, Bangladesh, Brazil, Bulgaria, China, Colombia, Cuba, Cyprus, F I J I , Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragua, Pakistan, Philippines, Poland, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Uruguay, Yugoslavia, Zimbabwe. United States of America. Aeainstj Abstaining' Australia, Canada, Costa Rica, Finland, Fiance, Gerinary, Federal Republic of, Ireland, I t a l y , Japan, Netherlands, Rwanda, United Kingdom of Great Britain and Northern Ireland, Zaire. She 27. Draft resolution B was adopted by 39 votes to 1, with 3 abstentions. voting was as follows: In favour: Argentina, Australia, Bangladesh, Brazil, Bulgaria, Canada, China, Colombia, Cuba, Cyprus, Finland, France, Gambia, Germany, Tederal Republic of, Ghanaj India, Ireland, I t a l y , Japan, Jordans Libyan Arab Jamahiriya, Mexico, Mozambique, Netherlands, Nicaragua, Pakistan, Philippines, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland^ United Republic of Tanzania, Uruguay, Yugoslavia, Zimbabwe. United States of America. Costa Rica, F i j i , l / Zaire. 28. At the request of the representative of Senegal, a r o l l - c a l l vote was then taken on draft resolutions A and B as a whole as contained m document E/CK.4/l98i/L.ll. The representative of Canada announced that his delegation w»uld not participate in the vote. 29. The draft resolutions as a whole were adopted by 29 votes to 1, with 12 abstentions. The voting was as follows: In favour; Argentina, Bangladesh, Brazil, Bulgaria, China, Colombias Cuba, Cyprus, F I J I , Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragua, Pakistan, Philippines, Poland, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Uruguay, Yugoslavia, Zimbabwe. United States of America. Australia, Costa Rica, Finland, France, Germany, Federal Republic of, Ireland, Italy, Japan, Netherlands, Rwanda, United Kingdom of Great Britain and Northern Ireland, Zaire. 30. For the text of the resolutions, see chapter XXVII, section A, resolutions 1983/1 A and B. 31. At the same meeting, at the request of the representative of Brazil, a separate vote was taken on operative paragraph 6 of draft resolution E/CN.4/l983/L.13. At the request of the representative of the United utates of America, the vote was taken by r o l l - c a l l . The paragraph was adopted by 20 votes to 14, with 8 abstentions. The voting was as follows: l/ The representative of F i j i subsequently informed the Secretariat that has delegation had intended to vote m favour. In favour Bangladesh, Bulgaria, China, Cuba, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mozambique, Nicaragua) Pakistan, Poland, Senegal, Uganda, Ukrainian Soviet Socialist Republic, Onion of Soviet Socialist Republics, United Sepublic of Tanzania, Yugoslavia, Zimbabwe. Australia, Bxazil, Canada, Colombia, Costa Rica, F i j i , France, Germany, Federal Republic of, Ireland, I t a l y , Japan, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America. Argentina, Cyprus, Finland, Mexico, Rwanda, Togo, Uruguay, Zaire. Against; Abstaining 32. At the request of the representative of the Libyan Arab Jamahiriya, a vote by r o l l - c a l l was then taken on draft resolution F/CN.4/1983/L.13. The draft resolution was adopted by 27 votes to 2, with 13 abstentions. The voting was aa follows: In favour} Argentina, Bangladesh, Brazil, Bulgaria, China, Colombia, Cuba, Cyprus, Gambia, Ghana, India, Jordan, Libyan Arab Jamahinya, Mexico, Mozambique, Nicaragua, Pakistan, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, "Onion of boviet Socialist Republics, United Republic of Tanzania, Tugoslavias Zimbabwe. Australia, United States of America. Canada; Costa Rica, F i j i , Finland, France, Germany, Federal Republic of, Ireland, I t a l y , Japan, Netherlands, United Kingdom of Great Britain and Northern Ireland, Uruguay, Zaire. 33 · The representative of the Philippines announced that his delegation had not participated m the vote 34. At the 22nd meeting, statements in explanation of vote before the vote were made by the lepresentatives of Canada, Colombia, the United States of America and Togo. 35* At the same meeting, statements m explanation of vote after the vote were made by the representatives of Australia, the Federal Republic of Germany, Mexico and the Netherlands. 36. For the text of the resolution, see chapter XXVII, section A, resolution 1983/2. II. t*uuo.U a ui H U M A N SIGHTS IN C H I L E 37* The Corraission examined agenda item 5 at i t s 48th meeting, on 4 Harch 1983s and at i t b aid meeting, on 8 March 19&3* 38. The Commission had "before i t the isport of the Special Rapporteur on the situation of human rights m Chile to the General Assembly (A/37/564) and the additional report of the Special Rapporteur (E/CN.4/1983/9) bringing up to date his report to the General Assembly. The following non-governmental organizations in consultative status (categories I and II) submitted written statements to the Commission. Inter-Parliamentary Union (E/CN.4/1983/NCO/21), Women's International Democratic Federation (E/CN.4/1983/NGO/25), International Indian Treaty Council (E/CN.4/1983/NGO/32), Christian Democratic Woria Union (L J /CW.4/1983/H'G0/35) , and Pax Chrasti (E/CU.4/I983/KGO/36). 39* At the 48th meeting the Chairman read out a telegram which he had received on 4 March 1983 from the Special Rapporteur expressing the Special Kapporteur's regret at being unable personally to present his report to the Gomnassxon. 40. During the general discussion the Commission heard statements by observers for the following eight States: Algeria, Byelorussian SSE, Czechoslovakia, Denmark, German Democratic Republic, Hungary, Islamic Republic of Iran, Viet 3 t f a m . Statements were also made "by representatives of the following seven non-governmental organizations m consultative status! Afro-Asian Peoples' Solidarity Organization, International Commission of J u r i s t s , International Confederation of Iree Trade Unions, International Indian Treaty Council, International League for Human Rights, International Movement for Fraternal Union among Eaces and Peoples, and Procedural Aspects of International Law I n s t i t u t e . 41. Most of the speakers expressed t h e n appreciation to the Special Rapporteur foi his impartial and objective report and the mnner m which he had discharged hi=s difficult task. They also expressed regret that the Government of Chile had l a i l t i to co-operate with the Special Rapporteur and urged i t to change i t s attitude. 42. Commenting on the report of the Special Rapporteur, most speakers stated thst the human rights situation m Chile had deteriorated during 1982. Many of them made reference to the present Chilean constitution and the two types of states of emergency, the maintenance of which implied the mstitutionalization ol a permanent state of emergency. Many speakers drew attention to the increase in the number of accusations of torture and other cruel, inhuman or degrading treatment and the increase in the cases of i l l e g a l or arbitrary arrests, particularly during public demonstrations. A number of them also expressed concern at the failure of the authorities to provide information concerning the persons w h o had disappeared between 1973 and 1977' The problem of exile was s t i l l to be resolved. Measures prohibiting entry and providing for expulsion were considered by many speakers to be partly responsible for the persistence of that problem to date. Attention was also drawn to the increase m relegations (internal exile), which affected freedom of movement within the country. 43* The deterioration m economic, social ard cultural rights, limitations on trade union rights and the situation of indigenous populations were also matters of concern to several speakers. Some speakers also referred to the assistance extended by some countries to the present regime in Chile. 44- Host speakers were m favour of renewing the mandate of the Special Rapporteur and called upon the Chilean authorities to co-operate with him. Several speakers said that the Commission should continue to examine the situation of human rights in Chile as a separate agenda item with high p r i o r i t y . 45. At the 52nd meeting, on 6 March 1983, the representative of Mexico introduced a draft resolution (E/cN.4/l983/L.49/Rev.l) sponsored by Algeria, ^ / Bolivia, ^J Cuba, France, Ireland, Mexico, Mozambique, Nicaragua, the Netherlands and Yugoslavia. The Commission had also before i t an estimate of the programme "budget implications (E/CT.4/1983/1.-54) l / of draft resolution E/CN.4/l983A.49/Rev>1< 46. Before the vote on the draft resolution, statements in explanation of vote were made by the representatives of Uruguay, the Federal Republic of Germany, Colombia and the United States of America. 47 · At the same meeting, the draft resolution was put to the vote. At the request of the representative of Mexico, the vote was taken by r o l l c a l l . Draft resolution E//CH'.4/l983/L.49/Rev,l was adopted by 29 votes to 6, with 8 abstentions. The voting was as follows: In favour; Australia, Bulgaria, Canada, Cuba, Cyprus, Finland, France, Gambia, Germany, Federal Republic of, Ghana, India, Ireland, I t a l y , Libyan Arab Jamahiriya, Mexico, Mozambique, Netherlands, Nicaragua, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet bocialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Yugoslavia, Zimbabwe. Argentina, Brazil, Pakistan, Philippines, United States of America, Uruguay. Bangladesh, China, Colombia, Goata Rica, F i j i , Japan, Jordan, Zaire. Against; Abstaining: 48. After the vote on the draft resolution, statements in explanation of vote were made by the representatives of the United Kingdom and Costa Rica. 49* ^ o r the text of the resolution, see chapter XXVII, section A, resolution 198J/38. jy In conformity with rule 69, paragraph 3 , of the rules of procedure of the functional commissions of the Economic and Social Council. l / An estimate of the administrative and programme budget implications of the Coramssion's resolutions and decisions appears m annex I I I . IV. VIOLATIONS OF H U M M RIGHTS IM SOUTHERN AFRICA REPORT OF THE AD HOG WORKING GROUP OF EXPERTS 50. The Commission considered agenda item 6 together with items 7, 16 and 18 (see chaps. V, XIV and XVI) at its 11th to l6th meetings, held from 8 to 10 February 1983, and at its 28th meeting, held on 18 February 1983. 51. By its resolution 5 (XXXVII) of 23 February 1981, the Commission on Human Rights had decided that the Ad Hoc Working Group of Experts should continue to examine policies and practices which violate human rights m South Africa and ftfamibia. 52. Subsequently, by its resolution 1982/8 of 25 February 1982 the Commission requested the Group to continue to study the polieies and practices which violate human rights in South Africa and Namibia and to submit its findings and recommendations to tha Commission at its thirty-ninth session. 53- The Economic and Social Council, by its decision 1981/155 of 8 May 1981, had requested tho Group to continue to jtudy allegations regarding m f i in? ~i< nt of trade union rights m South Africa, and to report thereon to the Commission and to tht. Economic and Sociil Council in 1982. 54- POP its consideration of the item, thi. Commisaio documents hid bsfora it tha following A report on policies and practices which violate human rights m South Africa and Namibia (E/CN.4/I983/IO), prepared by the nd Hoc Working Group of Exports pursuant to Commission resolutions 5 (XX/VII) /"l^BT/O and 1^82/9, A report prepared by the Ad Hoc Working Group of Ecperts on apartheid is a collective forn of slavery (E/CN.4/1983/37) prepared in accordance with the Commission's resolution 5 (XXXVII), A report prepared by the ad Hoc Working Group of E-cpertj containing additional information on the effects of the policy of apartheid on bliok women and children In South Africa (E/CN.4/1983/38) A report on torture and ill-treatment of detainees by the racist regme of South Africa in 1982 submitted by tha Special Committae against Ipartheitf (A/AC.115/L.586), The 1 eport of ths International Conference Brus: elo, Belgium, from 17 to 19 May on Uornen and Ap 55. In connection with item 6, the Commission heard statements by the obs^rvors for the following States Ifghanibtan, A l g e m (l6th neeting), Byelorussiin SSR (14th and 16th meetings), Congo (14th neeting), Czechoslovakia, Egypt, Ethiopia (16th neeting), German De locratic Republic (13th meeting), Hungary, Madig-oC^r, Morocco, Somalia (l6th meeting), Syrnn Arab Republic (13th meeting) and Vis-t tlai (16th meeting). 56. At the 11th meeting, Mr. R.J. Rithore, representativt. of the Spe< lal Conmittej against Apirfcheid, nadt, a statement on oeh alf of the Chairman of that Connittee. At the same meeting, Mr. Lisuibe Elebe (Z^ire), Chai^nan rapporteur of the group consisting of three members of the> Commission established under at t i d e IX of the International Convention on the Suppression and Punishment of the Crime of Apartheid, introduced the report of tho group 57- TtK Commission also heard statements oy the representatives of the United Nations Council for Namibia (l6th meeting), the United Nations Educational, Scientific and Cultural Organization (14th meeting), tn^ League of Arab States (12th meeting), the Organization of African Unity (12th meeting), the Palestine Liberation Organization (14th meeting) and th,. Pan Afrioanist Congress of A z a m a (ljth mating) 58 rhi_ Commission also hoard statenents by the representatives of the following non governmental organizations m consultative status Afro-Asian Peoples' Solidarity Organization (13tn neeting), Amnesty International (14th meeting), Baha'i International Community (14th mooting), International Commission of Jurists (12th meeting), International Confederation of Free Trad Unions (l6th meeting), International Indiin Treaty Council (l6th meeting), and International Organization for th Elimination of All borma of Racial Discrimination (12th meeting) 59 At the Comma sion s 11th meeting, Mr Annan A Cato, Chair i^n-Rapporteur of the Ad Hoc Working Group of Experts, introduced the reports cont"inpd m docun^nts F/CN 4/1983/IO, E/CN.4/1983/37 and E/CN.4/1933/38 He informed the Co mission th"t the period under review had been mrked by serious acts of barbarism m southern Africa and by the reckless attempt by South Ifrica to statutorily deprive 21 nillion blacks of their South African citizenship He drew attention to the fact that the Governnent of Soutn Africa continued to withhold its co op^ntioT from the Group. In highlighting sone aspects of the it-uation m South frto-\ he referred to the torture ind ill treatment of political prisoners and detainees, the mcrcajing nunbor of deaths in detention, the homelands policy and the nass removals of population, the appalling conditions of bl^ck workers, the infringements of trade union rights, the persecution of students and the ill-trcitnent and detention of black woman ana children. He infornod the Co mission th-t a new bill before the South African Parlnnent, the 3o=callcd Orderly Movement and Settlencnt of Black Persons Bill, sought to reinforce tho homelands policy and to reduce further the nunber of blacks qualifying for permanent residence in urban areas. Mr, Cato pointed out that the report of the Ad Hoc Working Gioup also showed the rmny ways m which South Africa, whicn continued to occupy Wanibi^ illegally, had tried -md man ged so fi to to stall negotiations towards Namibia's independence The report also showed how, in W-rubi-', South Africa continued tc enploy methods of torture against political prisoners and SUAPO freedan fighters. He drew attention to the dangers posed by S uth Africa's frequent raid^ into neighbouring countries, the a m being t : > intinid-^tv., brutalize and destabilize tho African front-lino States 60 Tho ^jority of speak rs praised the reports of tho AQ HOC Working Group of Exports for their inpartnlity and objectivity and unreservedly supported tho recon lendations contained therein They noted that the reports reflected a further deterioration ^f the situation m South Africa and provided additional mfir-ntion on the oppressive and inhuman nature of the South African r^gine which continued to deny the peoples of South Africa and M^ ubia tnoir ri^ht to solfd^ter unction. 61. Many speakers vigorously denounced apat theid and the repressive measures used to enforce it, stressing that it was a crime against humanity and a threat to international peace and security. In reference to apartheid as a collective form of slavery, it was stated that the treatment of the non-white population m South Africa was equivalent to genocide and that apartheid could not be reformed but must be eliminated. 62. With regard to the so-called "bantustanization1 policy, all the speakers stated that their respective Governments did not recognize the so-called independent homelands and deemed the bantustan policy a further manifestation of apartheid. They stated that the creation of such enclaves deprived millions of Africans of their homes and violated the principle of the territorial inte^ity of States recognized in the Charter of the United Hations and General Assembly resolution 1514 ( 'V). 63. Referring to the question of collaboration >ith South Africa, many speakers condemned the continued collaboration of certain States with the apartheid regime. It uas stated tnat without the assistance and support in economic, military, nuclear ana other fields afforded by some Western countries and Israel, the racist regime would be unable to continue its policy of repression and perpetrate its acts of aggression against independent African States. Those speakers favoured the application of economic sanctions under Chapter VII of the Charter of the United Nations and calleo for strict implementation of the relevant United Nations resolutions. Other speakers, however, stated that while abhorring the system of apartheid, they did not consider it appropriate to break off economic relations with South Africa. In their view, those activities were of a private nature and could not be considered as aiding or supporting South Africa. According to those speakers, their Governments fully implemented Security Council resolution 418 (1978) and exported to South Africa nothing which could assist the military n eno->c biUty 64. Some speakers considered that efforts were being made to improve the economic and social situation of the black workers of South Africa through the European economic codes of conduct. However, accord ng to other speakers, in so far as the apartheid regime remained intact, the various codes of conduct were ineffective, had little impact on the conditions of black workers employed by foreign companies and only contributed to the perpetuation of that regime. 65. Most speakers denounced South Africa's illegal occupation of Namibia and repressive measures against SUAPO in defiance of Uiited Nations resolutions. The South African regime not only continued to prevent the Mamibian people from gaining their independence but used their territory for aggression against neighbouring States. It was pointed out that the contact group of five" had not only failed to assist in solving the problem but had facilitated South ~-icn.!S continued occupation of the country. On the other hand, several speakers supported the efforts of the contact group of five and stated that the United Nations plan endorsed by the Security Council provided a good possibility of a peaceful transition to internationally recognized independence for Namibia. 66. Many speakers drew the attention of the Commission to the acts of aggression committed by the South African security forces against Angola, Mozambique, Zimbabwe and, more recently, Lesotho. They noted that armed invasions into neighbouring States had intensified, thus posing a real threat to peace and security in Africa and throughout the world. 6]. Referring to the promotion of the International Convention on the Suppression and lum-h-i nl of the Crime of Apartheid, several representatives supported the recommendation of the Ad Hoc Working Group of Experts that inquiries should continue to be instituted in respect of any person who had been suspected to be guilty of the crime of apartheid, or of a serious violation of human rights, in accordance with article II of the Convention. In that connection, some speakers favoured the creation of an international penal tribunal competent to try crimes °^ apartheid as provided m the interim report presented by the Ad Hoc Working Group of Experts (E/CN.4/1426). 68. At the 28th meeting, on 18 February 1985? the representative of Zimbabwe introduced a draft resolution (E/CN.4/1985/L.19/Rev.l) sponsored by Algeria, __/ the Congo, ^J Cuba, Cyprus, Egypt, y Ethiopia, !S/ Ghana, the Libyan Arab JaTmj.ri.vr, vada^asc^ -, J Morocco, _/ Mo^auimue Senen-cJ Ugan-1 the Jait^d Republic of Tanzania, Yugoslavia, Zaire and Zimbabwe. Gambia, Pakistan, the Syrian Arab Republic '·'! and Viet Pam Jnd d^cioion-3 appears in annex III. - 26 - (b) Operative paragraph 12 was adopted by 40 The voting was as follows: Argentina, Australia, Bangladesh, Bra731, Bulgaria, China, Colombia, Costa Rica, Cubn, Cyprus, Fiji, Finland, France, Gambia, Germany, Federal Republic of, Ghana, India, Ireland, Italy, Japan, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Netherlands, Nicaragua, Pakistan, Philippines, Poland, Rwanda, Senegal, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Groat Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Yugoslavia, Zaire, Zimbabwe. United States of America. (c) Draft resolution E/CH.4/1983/L.19/R0V.I as ; whole was adopted by 42 votes to none. The voting was as follows: Argentina, Australia, Bangladesh, Brazil, Bulgaria, Canada, China, Colombia, Costa Rica, Cuba, Cyprus, Fiji, Finland, France, Gambia, Germany, Federal Republic of, Ghana, India, Ireland, Italy, Japan, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Netherlands, Nicaragua, Pakistan, Philippines, Poland, Rwanda, Senegal, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Yugoslavia, Zaire Zimbabwe. Against: None. 72. At the 28th meeting, on 18 February 1983, the representative of Zimbabwe introduced a second draft resolution (E/CN,4/1983/^20) 3pon3ored by Algeria, V Congo, y Cuba, Cyprus, Egypt, V Ethiopia, V Ghana, India, the Libyan Arab Jamahiriya, Madagascart V Morocco, JJ7 Mozambique, Sencjal, Uganda, the United Republic of Tanzania, Yugoslavia, Zaire and Zimbabwe. Ganbia, Pakistan, Rwanda, Somalia, V the Syrian Arab Republic V and Viet Man V joined the sponsors* 73- The Commission considered the draft resolution at the same meeting. The representative of Canada, on behalf of the contact group of five, made a statement in explanatijn of vote before the vote. The representative of Zimbabwe requested a roll-call vote on the draft resolution. V In accordance with rulo 63, paragraph 3, of the rules of proco. the functional commissions if the Economic and Social Council. - 27 - 74- The Commipsion adopted the draft resolution by 37 votes to nones with 5 abstentions. Tho voting was as follows: In favour: Argentina, Australia, Bangladesh, Brazil, Bulgaria, China, Colombia s Costa Rica, Cuba, Cyprus, Fiji, Finland, Gambia, Ghana, India, Ireland, Italy, Japan, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Netherlands, Nicaragua, Pakistan, Philippines, Poland, Rwanda, Senegal, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Uruguay, Yugoslavia, Zaire, Zimbabwe. Nono. Canada, France, Germany, Federal Republic of, United Kingdom of Great Britain and Northern Ireland, United States of America. 75- At the same mooting, the representatives of the United States of America and Canada, on behalf of the contact group of five, made statements in explanation of vote on the draft resolutions adopted on item 6. 76. For the text of tho resolutions, soc chapter XXVII, section A, resolutions 19-83/9 and 1983/IO. V. THE ADVERSE CONSEQUENCES FOR THE EtfJOYMENT OF HUMAN RIGHTS OF POLITICAL, MILITARY, ECONOMIC AND OTHER FORMS OF ASSISTANCE GIVEN TO COLONIAL AND RACIST REGIMES IK SOUTHERN AFRICA 77. The Commission considered agenda item 7 together with itums 6, 16 and 18 (see chap3. IV, XIV and XVI) it its 11th to 16th meetings, hold from 8 to 10 February 1983, and at its 28th meeting, on 18 February 1983- 79. In connection with the item under consideration, the Commission heard statements by the observers for the following States: Afghanistan (iSth raceting), Algeria (l6th meeting)s Byelorussian SSR (14th and l6fch meetings), Congo (14th meeting), Czechoslovakia (l6th mooting), Egypt (16th meeting), Ethiooia, (l6th meeting), German Democratic Republic (13th meeting), Hungary (lGth meeting), Israel (28th meeting), Madagascar (l6th Hooting), Morocco (l6th meeting), Peru (13th meeting}, Somalia (l6th meeting), Syrian Arab Republic (13th meeting) and Viet Mam (l6th meeting). The United Nations Council for Nanibia, representing Namibia, nadc a statement at the 16th meeting. Tho Commission also heard statements by the representative of UNESCO (14th meeting), by the representatives of the League of Arab States (12th meeting) and the Organization of African Unity (12th meeting), and by the representatives of the Palestine Liberation Organization (14th meeting) and the Pan Africanist Congress of Azania (13th meeting). 80. The Commission heard statements by tho repi esentative of tho Special Committee against Apartheid at the 11th and l6th nectinga. 81. Statements were also made by tho representatives of the fallowing nTnTM governmental organizations in consultative status: Afro-Asian Peoples' Solidarity Organization (13th meeting), Amnesty International (14th meeting), Baha'i International Community (14th meeting), International Commission of Jurists (12th meeting), International Confederation of Free TraJe Unions (l6th raectin*), International Indian Treaty Council (16th meeting), International Organiznti^ for the Elimination of All Forms of Racial Discrimination (12th meeting)82. Many speakers welcomed the report submitted by tho Special Rapporteur to the Sub-Coi-iiiission. The list contained in that report, it was said, represented evidence jf the continuing and increasing fjreign support tho racist regime continued to receive, and there was an obvious link between the political, economic, military and nuclear nssistrmce that some Western countries, transnational corporations and Israel provided t^. South Africa and the ability of the racist regime to persist in defying world public opinion and all the United Nations efforts towards tho elimination jf apartheid. Such assistance, it was pointed out, had enabled South Africa to strengthen its military arsenal and nuclear potential, thus posing an alarming threat to international peace and security; it had helped the racist regime delay the solution of the problem of Namibia and continue and intensify its unlawful suppression of the liberation movement in illegally occupied Namibia and its destabilization of and aggression against the front-lino States; it had also enabled that regime to take more repressive measures against the black population. 83. In this connection, the new Security Laws enforced by the Pretoria regime were mentioned. Some speakers felt that those who profited from links with the racist regime were guilty of collusion and complicity with the apartheid system. Many speakers mentioned with deep concern the recent loan provided by the International Monetary Fund to the South African regime and recalled the need for comprehensive mandatory sanctions against South Africa, under Chapter VII of thG Charter of the United Nations, and for the effective implementation of Security Council resolution 418 (1977) calling for an arms embargo against South Afrj-s. UAJjrWBiSVJU Ullli VJ-liW l,lia 1/ U[JW [ A ' B B l l l l B UBU1 UJ-UUiSiy Ul L.I1U 1 1 S I , WO.S J.U1JJMJL fact that it merely indicated names, without specifying the. nature aa the activities involved. A factual error in the list was pointed out t'elegation. 85. At the 28th mooting, on 18 February 1983, the representative of Zimbabwe mtrxluced a draft resolution (E/CN.4/1983/Lo2l) sponsored by Algeria, V the C'in'fj, V Cuba, Ethiopia, */ Ghana, the Libyan Arab Janahiriya, Madagascar, Mozambique, Senegal, Uganda, the United Republic of Tanzania, Yugoslavia and Zinbabwe. Gambia, Pakistan, Somalia, ^J the Syrian Arab Republic ^J and Viet Nam ^J joined the sponsors of the draft resolution. 86. The attention of the Commission was drawn to an estimate of the administrative and programme budget implications (E/CN.4/1983/L.26) 1/ of draft resolution E/CN.4/1983/L.21. 87. The Commission considered the draft resolution at the same meeting. The observer for Israel made a statement relating to tho draft resolution. An explanation of vote before the vote was jad" r » y the representative of Canada, who V V In accordance with rule 69, paragraph 3> of ^ n c rules of procedure of the functional commissions of the Economic and Social Council. 1/ An estimate of the administrative and programme budget implications of the Commission's resolutions and decisions appears in annex III. requested a soparnto vote on the eighth and ninth preambular paragraphs of the draft resolution. Tho representative of Zimbabwe requested that the votes on those two proambular paragraphs and on the drift resolution as t? whole should bo taken by roll-call. At tho 28th mooting the Commi: on decided on the draft resolution os folio (a) The eighth preambulT paragraph was adopted by 26 votes to 10, with 6 abstentions. Tho voting wis as follows: In favour : Argentina, Bangladesh, Bulgaria, China, Colombia, Cuba, Cyprus, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragua, Pakistan, Poland, Rwanda, Senegal, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic f Tanzania, Xu-osl-ivi-, Zaire, Zimbabwe. Australia, Canada, Costa Rica, Franco, Germany, Federal Republic of, Ireland, Italy, Netherlands, United Kingdom >f Great Britiin and Northern Ireland, United States of P-morica. Brazil, Fiji, Finland, Japan, Philippines, Uruguay. Against: Abstaining: (b) Thb ninth proambular paragraph was adopted by 24 votes to 9, with 9 abstentions e The voting was as follows: In favour t Bangladesh, Bulgaria, China, CoJ orabi" , Cuba, Cyprus, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragu , Pakistan, Poland, Rwanda, Scnogal, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Yugoslavia, Zimbabwe. Australia, Canada, Costa Rica, France, Germany, Federal Republic of, Italy, Motherlands, United Kingdom of Groat Britain and Northern Ireland, United Sfcitos of America. Argentina, Brazil, Fiji, Finland, Ireland, Japan, Philippines, Uruguay, Zaire. Against: Abstaining: (c) Draft resolution E/CN.4/1983/L.21 as a whole was adopted by 30 votes to 4, with 8 abstentions. The voting was as follows: In favour: Argentina, Bangladesh, Brazil, Bulgaria, China, Colombia, Costa Rica, Cuba, Cyprus, Fiji, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriyp , Mexico, Mozambique, Nicarai'";%u'', Pakistan, Poland, Rwanda, Senegal, Ifeanda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Uruguay, Yudoalcivio, Zaire, Zimbabwe. Against: jibstainin t t: France, Gorrainy, Foicral IlcpuMic of, United KinsOom of Great Britain an,1 Nor thorn Ireland, Unitet' States of Anorica Australia, Can- la, FinlnnJ, Iceland, I t a l y , Japan, NGthGPlon H i l i i 89. Statements in explnnnfci'n of vote after the vote wore m.ic'e 'iy the rGpresontativcs uf Brazil, Ojsti Rica r.nrl the Federal Republic ~ > f Germany. 90. For the t e x t of the resolution, aco chapter XXVII, section A, resolution 1983/11= VI. QUESTION OF THE REALIZATION IS ALL COUNTRIES OF TILS ECONOMIC, SOCIAL ABU CULTURAL RIGHTS COFTAINED IN" THE UNIVERSAL DECLARATION OE HUMAN" RIGHTS AND IN THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL EIGHTS, AND STUDY OF SPECIAL PROBLEMS WHICH THE DEVELOPING COUNTRIES PACE IN THEIR EFFORTS TO ACHIEVE THESE HUMAN RIGHTS, INCLUDING; (a) PROBLEMS RELATED TO THE RIGHT TO ENJOY AN ADEQUATE STANDARD OF LIVING; THE EIGHT TO DEVDLOPMENTj (b) TIE EFFECTS OF T f f i J EXISTING UNJUST INTERNATIONAL ECONOMIC ORDER ON THE ECONOMIES OF THE DEVELOPING COUNTRIES, AND THE OBSTACLE THAT THIS REPRESENTS FOR THE IMPLEMENTATION OF HUMAN RIGHTS AND FUNDAMEfWAL FREEDOMS? (c) THE BIGHT OF POPtfUJl PARTICIPATION IN ITS VARIOUS FORMS AS AN IMPORTANT FACTOR IN DEVELOPMENT AND IN THE REALIZATION OF HUMAN RIGHTS 91. The Commission considered agenda item 8 together with item 19 (see chap. XVII) at its 17th to 20th meetings, held on 11 and 14 February 1983, and at its 31st meeting, on 22 February 1983. 92, The Commission had before it the following documents; Report of the Secretary-General on tho international dimensions of the right to development as a hunan right (E/CN.4/l334)» prepared in accordance with Concussion on Hunan Rights resolution 4 (XXXIIl) of 21 February 1977 and Economic and Social Council decision 229 (LXIl) of 13 May 1977? Study by the Secretary-General on the regional and national dimensions of the right to dovclopnent as a hunon right (E/CN.4/1421 and E/CN,4/l488), prepared in accordance with Commission resolutions 4 (XXXV) of 2 March 1979; 7 (XXXVl) of 21 February 1980 and 36 (XXXVTl) of 11 March 1981, and Economic and Socnal Council decision 1979/29 of 10 May 1979; Report of tho Working :rking Group of Governmental Exports on the Eight to Dcvolopmc Development submitted in accon ziordanco with C01 mission resolution 1982/17 (E/CN.4/1983/11) ', Report of tho Secretary-General on tho International Seminar on Popular Participation (A/37/442). 93. The Commission heard stotononts by the observers for ilgoria (20th meeting), Austria (18th meeting), the Byelorussian SSR, the Congo and Ethiopia (?Oth meeting), Peru and tho Syrian Arab Republic (l8th no0ting)* 94, The Connission also hoard statements "by representatives of the following non~govornnental organisations m consultative status with the Economic and Social Council (category II) % Baha'i International Community, International Connission of Jurists, International Federation of Hunan Rights. 95* Tkc rGpr3scn.ta.tivo ~>f Senegal, apoaking in his capacity as Cbairnan of the Working Group of Governmental Experts on the Right to Development, introduced the report of the Group on its two sessions held during 1982 (E/CN.4/1983/11). 96. Many speakers expressed thoir appreciation for the work of tho Working Group and the progress achieved. It was said that the complexity and diversity of the proposals contained m the Working Group's compilation attested to the magnitude of th^ task ahead. The hope was expressed that a spirit of co-operation would continue to prevail within tho Group, and several speakers noted the importance of achieving consensus on a text. There was "broad agroenent that the mandate of the Working Group should be renewed m order to enable it to complete its task. - 33 - 97« With respect to the n-tuio of i , h c right to dcvclopnent, ^ variety oi vi^us was cxpr^.j'sod. It wia said to " b e i or- iprehcnsivc right tho enj jyriont of which mvilved nntcrnl well-being as well as tho i n r l end intellectual pngrc u s nf mlividuole, societies ^nd the mtcrnotionol corumnity. The view was exprcbscd th-t it was i "synthesis right" enbrseing tho sun of the conditions ind obligations which would p o m i t tho effective realization if other fund"1 icntal hunan rights. Oth^r 1 speakers da&cribed it ^s right of solidarity and as a right that light be classified i^ "belonging ti a "third goner tion of hunon rights'. 98. Several speakers expressed th^ view thit tho right ti devolopnont hid b th individual and collective dinonsi ns. F r sonc delegates, tho letter w s of particular lnportancc m so far as g e n u m devolopncnt and personil fulfil lent could only be achieved m a social contort ind through tho re-'lisiti'-n " b y the people of rights sucn as tho rights to r^lf-"'eterQination i n d peni^n^nt sovereignty >vor natural resources. In this regard reforenco w^s nade to arlicle ^8 f t h . _ . Universal Declaration ;f Huinn Eights, which tirnvilod that everyone w o ^ cntitlol t a social and international order m which th rights an! freeJiis set f rth m the Dl,clir"ti)ri c mil be fully roilizcl. Sone other speakers st-'tel thit, m bhcir view, hui^in rights, m c l u l m g tho right to Jovel^pnont, could not bo possessol ir ox^roisod by States "nd thit the ultmatc beneficiary an"! subject of the right to 3ov<_lopncnt nust ilw^ys be tho mlividuil. In their opinion, mdivilual rights coull ba 5 on! had b^on, ibuso] m the nine of eolloetiv^ righto, "nl p T t i c u l T l y m the non^ of tho State. 99. ¥ith respect to the rep rts if the Secrct-ry-Gcnor"! n the right to dcvolopnent as a hurnn right ( E / C I M / J ^ ) L/CN.4A421 and E/CN.4/1488), one speaker expressed the view that sufficient account hpi n^t been taken of the lifferoncos between the capitalist TLJ S cialist systons. In his o^ini n the role of property anrl ownership of tho neins of proluction and the olverse rol^ of transnoti n 1 corporations m ]eveloi)ing countries would havo wrrinte] special consideration. Another spcokor wes of tho opinion that, despite the th roughness and tho vorj high quality of th^ Secretary-General's reports, the r^c^nt resolutions " > f the C ^Tiiission hal not taken then sufficiently into account, 100. The right to lovolopnont was said by so ic speakers to be 1 reflection or in extension of tho right of peoples m l nati ns to solf-letcrnm-tion an"1 to rest up>n recognition f the right to life m pence as a basic hunan right. The evolutionary nature of the concept if the right ti dcvelopnent was ^ls nite 1 . Several representatives expressed the view that the declaration on the right to developnent would, when conpleto], constitute 0 valuable contribution to the codification and progressive level>pnent of international law. 101. Many speakers onph-^sizor] tho mtorlepen enco, indivisibility ^nl ^qual inportanco f ill hunon rights, m c l u i m g the ri^ht to Jevol pnent. However, it was sail th"t, m the p"st, ^.cononic, s c u l an! cultuial rights hcJ m t alwiy" been accorlol a negree of attention cquil %"· that gr^ntGd t civil ^n p liticl rights. 102. The mport"nco of Pchievmg a new mterna11 nil ee n ric r er ^n if restructuring in) lenoeritizmg mtorn^tional econonic relations w a unlerlmel by "evoral speakers, Et ns strcsso by several speakers that - n n g the n m bsticles to th^, right to dovclopncnt wore colonnlisn, nco-coloni-'lis i, a lorthoi"1, racial liscrimnatnn, foreign iggrcssion, foreign occupation anl infcerfcr>_nco in tho internal "ffurs of nations. For the realization of the right t level'-nont it w s ilso sain t b^ essential to fu^rantec mternotion-1 p e c e ant J curit-y, to cease the armb race and to advance towards global disarmament. In the view of some representatives, bocial and economic reforms within the developing countneb were essential concomitants to the establishment of a new international economic order. 103. Several speakers noted tho importance of popular participation as a human right m itself end as an important factor m the realisation of all human rights, including the right to development. It was said that popular participation took many different forms m different societies, ranging from a strategy to mobilize national human resources for developnent to a transfer of power to pcop]o "by virtue of their involvement m all decision-making on natters affecting their well-being and their role m society. In this regard reference was made to the conclusions and reconmendations adopted "by the International Semnar on Popular Participation held at Ljubljana, Yugoslavia, fron 17 to 25 May 1982 ( A / 3 7 / 4 4 2 ) m d to the need for a conprehonsivo study emphasizing the hunan rights aspects of the various forns of popular participation. 104. At the 31st ncetmg, on 22 February 1983, the representative of Yugoslavia introduced a draft resolution (E/CN.4/1983/L.3O) sponsored by A l g e m , */ Bangladesh, C b i m , Colombia, Costa Hica, Cuba, Cyprus, Ethiopia, ^J Ghana, India, Iraq, _*/ the Libyan Arab Janahiriya, Madagascar, J/ Mexico, Mozambique, Nicaragua, Peru, ^J the Philippines, P o l m d s the Syrian Arab Republic, ^J Uganda, Venezuela, */ Yugoslavia and Zimbabwe. 105. At the bane mooting the draft resolution was revised on the proposal of the representative of Ireland, accepted by the sponsors, so that the word "persons" it the end oi the fifth preanbulor paragraph would read "person". On the proposal of the representative of Australia, also accepted by the sponsors, the draft resolution was further revised so that the word "Reiterates" m operative 1 paragraph 2 of the Coraussion s drift resolution was replaced by "Considers". 106. The attention of tho Connission was drawn to an cbtinatc of the adnmistrative and progranno budget implications (E/CF.4/l983/L,4l) l/ of the draft resolution. 107. The representatives of Australia, Canida, Ireland and the United Kingdom rr^de statenents m explanation of vote before tho vote. 108. Al^-o it tho sn.no n o e t m g tho representative sf the United Kingdom requested " separate vote on the words "the right to" contained m operative paragraph 2 of the C01 mission's draft resolution and operative paragraph 1 of the draft resolution for adoption by tho Council. By 27 votes to 3, with 13 abstentions, tho Commission decided to retain those words. The draft resolution was then adopted by 42 votes to 1, 109. The representatives of the Federal Republic of Germany and the United States ->f America nado statements m explanation of vote after the vote. ^J In accordance with rule 69, paragraph 3, of the rules of procedure oi tho nctional connissions of tho Fc monic and Social Gounci]» l/ An estimate of the administrative and progr^nne budget implications of the imission's resolutions and decisions appears m annex III. - 35 - 110. For the text o f the resolution, sec chapter XXVII, section t, resolution 1983/14. 111. At tho 31st ncoting; on 22 February 1983, the representative of Senegal introduced 0 draft resolution (E/CIM/1983/L.33) sponsored by Algeria, */ Argentina, Bangladesh, Belgiun, */ Brazil, Bulgaria, China, Colonbia, the CongT, _^/ Costa Rica, Cuba, Ethiopia, *J France, Grub10, Ghana, Greece, -*j Indir, Iraq, jy the Ivory Coast, ^ / the Libyan Arab Janahiriya, Madagascar, j^/Mexicn, Mincci, £ / Mozambique, the Netherlands, Nicaragua, Panana, ^J Peru, f/ tho Philippmca s Poland, Ev;anda, Scnogol, the Syrian Arab Republic, j^/ Togo, Uganda, tho United Republic of Tanzania, Venezuela, ^J Viet Nan, 2/ Yugoslavia, 2airc and Zmbabwc. It the sane tino tho sponsors orally revised the ninth prcanbulor paragraph to read as follows; "Taking into account General Asscnbly resolutions 32/130 of 16 Decenbcr 1977, 34/46 of 23 Wove :bar 1979 ond all other relevant ros ilutnns of tho General Assenbly", 112. Tho attention of the Conniaaion was drawn to on estmctc of the admniktrative and prograimo budget mplications (E/CN.4/l983/L.4O) %/ of the draft resolution. 113. The representatives of Australia, Canada explanation of the vote before the vote. and Finland tiado statenants m 114. At the sane neetmg, draft resolution E/CN.4/l983/L.33, P S orally revised, was adopted by a roll-call vote, requested by the representative of Senegal, of 40 to none, with 3 abstentions. The voting was as follows 5 In favour; Argentina, Australia, Bangladesh, Brazil; Bulgaria, Canada, China, Colonbio, Costa Rica, Cuba, Cyprus, Fiji, France, Ganbia, Gcrnnny, Federal Republic of, Ghana, India, Italy, Japan, J,rdan, Libyan Arab Janahiriya, Mexico, JVhzanbiquo, Netherlands, Nicaragua, Pakistan, Philippines, Polands Rwanda, Senegal, Tigos Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdon of Groat Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Yugoslavia, Zaire, Zimbabwe. Hone. Against; Abstaining % Finland, Ireland, United States of Anorica. 115. Tho representatives of Bulgaria, Ireland, the Federal Republic of Gornany, the USSR and the United Kingdon nade statencnts m cxx ^nation of vote after tho vote. 116. For the text of the resolution, soo chapter XXVII, section A, resolution 1983/15, 2/ In accordance with rule 69, paragraph 3» r>£ the rules of prico'lurc of the functional connissions of tho Ecmonic and Social Council. 2/ An csfcinato of arhunistrativo and progrannc budget inplicaLions of the C"imissionts resolutions and lecisions appears in annex III. 117. At the 31 at necting, on 22 February 1983, the Connission cinsi/lorcrl rlrrft resolution IT propose"! by the Sub-Co: mis ai~>n "n Prevention rf Discrimination oriu Pr'tocti^n nf Minorities ff)r O'lopti-n by the Connicsi^n, contnnc3 in tbo report if the Sub-Comissiin ( E / G U . 4 / 1 9 8 3 / 4 , chop. I, sect. A ) . The '""reft resolution ·wes atloptoj by the Comission by 36 votes to none, with 5 abstentions. The representatives of Braail, Colonbin, the Federal Republic of Gornony, Jopan and the Unit or! Kin^Jon norio stctonunts m explanation of vote after the vote. 118. For the text of the resolution, sc^ chapter XXVIIf sootinn A, resolution 1983/16, VII. THE RIGHT OF PEOPLES TO SELF-DETERMINATION AND ITS APPLICATION TO PEOPLES UNDER COLONIAL OR ALIEN DOMINATION OR FOREIGN OCCUPATION 119. The Commission considered agenda item 9 jointly with item 4 (see chap. II above) at its 2nd to 11th meetings, held from 1 to 8 February 1983. Item 9 was further considered by the Commission at its 21st to 23rd meetings, held on 15 and 16 February 1983. 120. for its consideration of the item, the Commission had before it the following documentation: Note by the Secretary-General containing a list of studies and publications prepared by the Division on Palestinian Rights (E/CN.4/1983/2 and Add.l); Note by the Secretary-General transmitting the review of materials and the summary records of the Sub-Commission relating to the situation in Kampuchea, pursuant to resolution 1982/22 of the Sub-Commission (E/CK.4/1983/12); Letter dated 1 February 1983 from the Permanent Representative of View Mam to the United Naitons Office at Geneva addressed to the Chairman of the Commission on Human Rights (E/CN.4/1983/40); Letter dated 2 February 1983 from the Permanent Representative of Viet Nam to the United Nations Office at Geneva addressed to the Chairman of the Commission on Human Rights (E/CN.4/I983/4D; Note verbale dated 3 February 1983 from the Permanent Mission of Indonesia to the United Nations Office at Genesta addressed to the Secretary-General (E/CN.4/1983/42); Letter dated 7 February 1983 from the Permanent Representative of Viet Nam to the Untied Nations Office at Geneva addressed to the Chairman of the Commission on Human Rights (E/CN.4/1983/46); Letter dated 8 February 1983 from the Permanent Representative of Democratic Kampuchea to the United Nations Office at Geneva addressed to the Chairman of the Commission on Human Rights (E/CN.4/1983/49); Report of the Secretary-General on legislation against mercenaries, submitted pursuant to Commission resolution 1982/16 (E/CN.4/1983/13); Report of the seminar on violations of human rights in the Palestinian and other Arab territories occupied by Israel, organized by the Centre for Human Rights (ST/HR/SER.A/14). 121. The Commission heard statements by the observers for the following States: Afghanistan (9th, 10th and 11th meetings), Algeria (3rd, 9th and 10th meetings), Bahrain (4th meeting), Byelorussian SSR (6th and 9th meetings), Czechoslovakia (7th and 10th meetings), Democratic Kampuchea (9th and 10th meetings), Democratic Yemen (5th meeting), Egypt (6th meeting), Ethiopia (11th meeting), German Democratic Republic (6th and 9th meetings), Honduras (11th meeting), Hungary (6th and 10th meetings), Indonesia (10th and 11th meetings), Iran (Islamic Republic of) (4th, 6th and 9th meetings), Israel (3rd, 5th, 6th and 10th meetings), Kuwait (6th meeting), l Madagascar (5th meeting), Malaysia (10th meeting), Morocco (6th, 9th and 11th meetings), Portugal (10th and 11th meetings), Somalia (5th meeting), Sudan (9th meeting), Syrian Arab Republic (5th, 6th, 7th and 10th meetings), Tunisia (6th meeting), Viet Ham (6th, 9th and 10th meetings), Yemen (9th meeting). The representative of the Palestine Liberation Organization made statements at the 2nd, 4th, 5th, 6th, 8th and 10th meetings. The representative of the League of Arao States made a statement at the 6th meeting. The representative of the African National Congress made a statement at the 9th meeting. 122. The Commission al^o heard statements by the following non-governmental nizations in consultative ltative status status°. . category I - World Muslim Congress meeting) category ry II - Afro-Asian Peoples' Solidarity Organization tional Commission of Jurists (4th meeting), Internation (7th m e e t n g ) International League for the R g h t d 123- During the debate on the item, moat speakers recognized respect for the right to self-determination as one of the fundamental principles of contemporary international law and as a prerequisite for the exercise of other human rigrts and fundamental freedoms. The Declaration on the Granting of Independence to Colonial Countries and Peoples was referred to by many delegations and the necessity for its speediest and complete implementation was stressed. References were also made in this respect to the Charter of the United Nations, article 1 of the International Covenants on Human Rights, General Assembly resolutions 37/42 and 57/43» and other pertinent decisions of United Wations organs. Several delegations referred to the broader meaning of self-determination and m this connection reiterated tnat full enjoyment of this right required also the holding by States of free, fair and regular elections to ensure fully representative Government. 124. A profound concern was expressed by many speakers at the fact that foreign occupation, colonialism and neo-colomalism, apartheid and racial discrimination still existed in parts of Africa, the Middle East, Asia and other regions. They pointed out that the Commission should focus its efforts on working out new and effective measures to achieve the speedy liberation of peoples under colonial or alien domination or foreign occupation. 125. Most of the spe-al ers condemned the continued denial by Israel to the Palestinian people of its right to self-determination. It was emphasized that the question of Palestine was the core of the conflict in the Middle East and that no comprehensive, just and lasting peace m the region could be achieved without the full exercise by the Palestinian people of its inalienable rights, including the right to return to the homes and property from which it had been displaced and uprooted, and the rights to self-determination, national independence and the establishment of its own fully independent and sovereign State m Palestine. Some delegations made reference to the fundamental principles for a peace settlement embodied m the Venice Declaration of June 1980 by the Member States of the European Economic Community, namely, the right to existence and security of all States m the region, including Israel, and justice for all the peoples in the area, which implied recognition of the legitimate rights of the Palestinian people, including its right to self-determination. Some delegations referred to the Arab peace plan adopted at the Twelfth Arab Summit Conference, held a f c Fez, Morocco. It was also stressed that the e i s t m g situation ]n the Middle East continued to constitute a dangerous threat to international peace and security. -- 39 -- 126. Many speakers pointed out that the future of the Palestinian people could only be considered with the participation of that people and that a comprehensive political settlement of the situation in the Middle East was only possible through negotiations m which all interested parties, including the Palestine Liberation Organization, would be represented. 127. Grave concern and indignation were expressed at recent Israeli aggression against sovereign Lebanon which had causea a considerable number of new victims among a peaceful population and meant that Israel had undertaken further steps towards escalation and expansion of the conflict \n the region. Many speakers drew the attention of the Commission to the atrocities of Israeli agressors against refugees in the Palestinian camps of Sabra and Shatila which in their view constituted an act of genocide. 120. Many representatives deplored the persistence of Israel xn carrying out measures designed to change the legal status, geographical nature and derao raphic composition of the occupied territories. It was stated that such measures had no legal validity and that Israel's policy of settling parts of its population and new immigrants in the occupied territories constituted a violation of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of 'Far, which was applicable to all Arab territories occupied since 19^7 > including Jerusalem. References were made m that connection to Security Council resolutions 44& (1979) and 465 (1980) and to the recent report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories, as well as to the conclusions of the seminar on violations of human rights in the Palestinian and other Arao territories occupied by Israel, held at Geneva from 29 November to 3 December 1982 (ST/HR/SER.A/14). 129- Speaking as an observer, the representative of Israel regretted that the issue of Palestinian Arabs had been raised m the context of self-determination. In his view, calls for Palestinian self-determination were ploys aimed at Israel s elimination. He said that the main reason for the continuous tension in tne Middle East was the refusal of the majority of Arab States to accept Israel's right to exist and that in June 1982 Israel had been obliged to exercise its legitimate right to self-defence. Israel remained committed to the process of peace initiated by the Camp David accords, which, m his view, provided a practical framework for a just and comprehensive settlement to the Arab-Israeli conflict. 130. The representative of the Palestine Liberation Organization stated that, as a result of continuous escalation of the Israeli aggressive policy, the situation of the Palestinian people was constantly deteriorating. Having ignored all the decisions of the United Nations and other international forums, Israel continued to refuse to recognize the basic human rights of the Palestinian people and to pursue its plans to anne^ the occupied territories through the o o n t m u n g establishment of settlements, the number of which exceeded 150. Although many Palestinians lived in several neighbouring countries of Israel, their wish was to return to their homeland. He also pointed out that the Palestinian people relied on its own struggle, and on the support of friendly peoples, to achieve self-determination, national independence and the full enjoyment of human rights. 131. The inalienable right of the people of Namibia to self-determination and independence m a united Namibia was stressed by many speakers. They deplored the continuing repression and exploitation of the Wamibian people and their natural resources and the attempts to destroy the national unit and territorial integrity of Namibia by the regime of South Africa. Many representatives expressed their support for the struggle of the Hamibian people, under the leadership of the South tfest Africa People's Organization, to achieve self-determination, freedom and national independence. Reference was also made to the necessity of the immediate and unconditional implementation of the United Nations decisions on Namibia, particularly Security Council resolution 435 0-978 )· Referring to the activities of the "contact group of five1' on Namibia, certain speakers condemned the manoeuvres of one of I D S members, which, in their view, were aimed at a neocolomalist solution of the Wambian problem. On the other hand, some speakers stressed their support for the efforts of the "contact group of five' to achieve a prompt accession of Namibia to independence m accordance with the United Nations plan embodied in Security Council resolution 435 (1978), which in their view offered the best prospects for a negotiated solution. 1J2. Touching upon the situation m southern Africa, many representatives condemned the policies and actions of the apartheid regime of South Africa for its repeated acts of aggression, subversion ard terrorismagairst independent African States, for its continued illegal occupation of Namibia and for its persistent refusal to comply with resolutions of the United Nations. It was also stressed that "bantustamzation" was incompatible with genuine independence and national unity and was unacceptable because it deprived the black population of South Africa of their right to citizenship of their country and was contrary to the principle of selfdetermination. Collaboration of certain Western countries with the Government of South Africa in the nuclear, economic and military fields was condemned. ;ontinuing presence of Soviet military troo United Nations to commence and continue a diplomatic process to achieve a just political settlement of the Afghan problem, 134* Concern was also expressed about the problem of the millions of refugees from Afghanistan, which, in the view of several speakers, posed serious social and economic difficulties to the neighbouring countries. It was said that since the foreign military intervention in Afghanistan, the number of such refugees was constantly increasing. Divergent views were expressed about the number of refugees, the character and causes of the problem and possible solutions to it. The urgent neei for a political solution of the situation m Afghanistan on the basis of the total withdrawal of foreign forces from that country was stressed by many speakers. 135* Some delegations rejected the above-mentioned statements concerning the situation in Afghanistan and stated that discussion of the situation in that country constituted a flagrant interference in the internal affairs of Afghanistan, and was contrary to the principles of international law as embodied m the Charter of the United Nations. It was further indicated that the assistance rendered by the Soviet Union at the request of the Government of Afghanistan was m accordance with the Afghan-Soviet treaty of friendship and m strict conformity wich the Charter of the United Nations. The Soviet assistance was required to help Afghanistan m defending its security and national independence against continued armed incursions from outside. It was stated that the so-called 'Afghan question" had oeen deliberately invented to cover an undeclared but real uar against Afghanistan and its people waged by imperialist, hegemonist and other reactionary forces. It was also stated that the only realistic basis for the political settlement of the situation in that region resided in the proposals made by the Government of Afghanistan which provided for the cessation of all armed and any other interference in the internal affairs of that country and in the creation of conditions for preventing such interference m the future, 136. Referring to the situation m Kampuchea, several speakers deplored the continued Vietnamese military occupation of Kampuchea as a flagrant violation of the right to self-determination of the Kampuchean people, which, in their view, constituted a serious threat to international peace and security, particularly m South-East Asia. An urgent need for a comprehensive political solution to the Kampuchean problem, as envisaged m General Assembly resolutions 3^/22, 35/6, 36/5 and 37/6, was stressed by several speakers. Such a solution should, in their view, provide for the withdrawal of all foreign military forces and the exercise of the right to self-determination by the Kampuchean people in a free election under the supervision of the United Nations. According to those speakers, tnat would enable the Kampuchean refugees to return to their homeland safely. They said that the formation of the Democratic Kampuchea coalition was a positive development. 137* 0° the other hand, some speakers rejected what, in their view, constituted attempts to use the Commission on Human Rights as a platform for interfering in the internal affairs of Kampuchea, whose people had exercised its right to selfdetermination in January 1979 when it had overthrown the regime of Pol Pot. It was stated that the presence of Vietnamese troops in Kampuchea was narfc of the fraternal assistance given to Kampuchea by Viet Nam and stemmed from a valid agreement between Kampuchea and the Socialist Republic of Viet Nam, two independent sovereign countries, and that those troops would be withdrawn just as soon as peace and security were restored in the region. Similarly, some speakers said that the formation of the so-called governmental coalition was an attempt to reimpose the Pol Pot regime. They stressed that the aforementioned resolutions were illegal. 138. On the question of Western Sanara, several representatives expressed their concern regarding the decolonization of that territory and the right of peoples living there to self-determination and independence. References were made in that connection to General Assembly resolution 37/42 of 3 December 1932, General Assembly decision 37/411 of 23 November 1982 and Commission resolutions 12 (XXXVII) of 6 March 1981 and 1982/15 of 25 February 1982. Several speakers expressed their support for the resolutions of various international bodies, the Organization of African Unity in particular, concerning the organization throughout the territory of Western Sahara of a general and free referendum of the people of Uestern Sahara on self-determination. It was stressed that only through negotiations could a just and lasting peace be established in that part of Africa. Appeals were made to the parties to the conflict to observe a cea^e-fire in accordance with relevant resolutions. - 42 - 139< Several delegations expressed their support for draft resolution VII submitted " b y the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/l983/4* chap, I . sect. A)? concerning the problen of self-determination of the people of East Timor, and requested the Commssion to adopt i t . Others objected and stated that the people of East Timor had already obtained i t s beli-determmation and that there was no need to adopt any resolution on the natter. 140. Some representatives drew the attention of the Commission to the fact that nany small colonial t e r r i t o r i e s m the Pacific, Indian and Atlantic oceans were s t i l l denied their right to self-determination. I t was stated thatj m accordance with the Declaration on the Granting of Independence to Colonial Countries and Peoples, such small t e r r i t o r i e s were fully entitled to self-determination and independence as former colonial countries 3 irrespective of their size s population and geographic location. The colonial Powers, i t was added, were trying to perpetuate their hold on such t e r r i t o r i e s , mainly for strategic military purposes, References were made m that connection to Diego Garcia, Guanta"namo, Micronesia, Puerto Eico and other t e r r i t o r i e s . According to other speakers, self-determination could properly be achieved only if paramount importance was accorded to the wishes of the population of those t e r r i t o r i e s . 141. A n exchange of views was also held with regard to some other countries and territories. 142. Six draft resolutions on item 9, (E/C1T.4/1983/L.12 S E/ON.4/19G3/L.I4. E / O T ' V I 9 8 5 / L - 1 5 » E/CN.4/1983/L.16, C/CH.4/1983/L.I7 and draft resolution VII recommended by the Sub-Commission) were submitted to the Commission. 143- -i"t the 21st meeting the representative of Senegal introduced a draft resolution (E/CT.4/1983/L.I2) sponsored by Algeria, _/Bahrain, * / Bangladesh, Bulgaria, Cuba, Democratic Yemen, _J the Gernan Democratic Republic, _ / Iraq, __/ Jordan, Kuwait, ^J Madagascar, Jy Morocco, 2J Mozambique, Nicaragua, Pakistan, Qatar, *_J Senegal, the Syrian Arab Republic, ^J Tunisia, "_J the Ukrainian Soviet Socialist Republic, the United Arab Emirates, ^J the United Republic of Tanzania, Viet Ham, ^J Yugoslavia and Zimbabwe. Afghanistan, ^J the Congo, ^J Czechoslovakia, ^J and the Gambia joined the sponsors. 144- &t the same meeting the representative of Senegal, on behalf of the sponsors, orally revised the draft resolution as follows, at the end of operative paragraph 3 the words "for which the responsibility of the Israeli Government has been established" were addedj and operative paragraph 4 was redrafted to form the following two new paragraphs 4 and 5 "4Decides that the nassacre was an act of genocide, "5' Requests the General Assembly to declare 17 September a day to commemorate the memory of the victims of Sabra and Shatil-^j", the following paragraphs being renumbered accordingly. Following the introduction of these revisions, the United Republic of Tanzania withdrew i t s sponsorship of the draft resolution. ^J In accordance with rule 69, paragraph 3 ? °£ "the rules of procedure of the functional commissions of the Economic and Social Council. 145 Ihe Commission considerea the dialt resoxution at its 21st and 22nd meetings. At the 21st meeting statements relating to the draft resolution Were made by the representative of Bangladesh, the observers for Czechoslovakia, Israel, the Syrian Arab Republic and the representative of the Palestine Liberation Organization. At the 22nd meeting the representatives of Colombia and Canada made statements m explanation of vote before the vote. Separate votes were requested on operative paragraphs 3j 11 a"d 12. The votes on all of these paragraphs and on the draft resolution as a whole were taken by roll-call. 1&6. At the 22nd meeting the Commission decided on draft resolution E/CN.4/1983/L. 12 as follows: (a) Operative paragraph 3 was adopted by 22 votes to 10, The voting was as follows: In favour: with 9 abstentions. Bangladesh, Bulgaria, China, Cuba, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mozambique, Nicaragua, Pakistan, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Yugoslavia, Zimbabwe. Australia, Canada, Costa Rica, Fiji, Germany, Federal Republic of, Italy, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay. Argentina, Brazil, Finland, France, Ireland, Japan, Mexico, Philippines, Zaire. Against: Abstaining: The representatives of Colombia and Cyprus did not participate in the vote. (b) Operative paragraph 11 was adopted by 24 votes to 10, with 9 abstentions. The voting was as follows: In favour: Argentina, Bangladesh, Bulgaria, China, Colombia, Cuba, Cyprus, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mozambique, Nicaragua, Pakistan, Poland, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Yugoslavia, Zimbabwe. Australia, Canada, Costa Rica, France, Germany, Federal Republic of, Italy, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America, Zaire. Brazil, Fiji, Finland, Ireland, Japan, Mexico, Philippines, Rwanda, Uruguay. Against: Abstaining: (c) Operative paragraph 12 was adopted by 19 votes to 13 t with 11 abstentions. The voting was as follows: In favour: Bangladesh, Bulgaria, Cuba, Cyprus, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mozambique, Nicaragua, Pakistan, Poland, Senegal, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, Yugoslavia, Zimbabwe. - 44 - Against: Australia, Canada, Colombia, Costa Rica, France, Germany, Federal Republic of, Ireland, Italy, Japan, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America, Zaire. Argentina, Brazil, China, Fiji, Finland, Mexico, Philippines, Rwanda, Togo, United Republic of Tanzania, Uruguay. Abstaining: (d) Draft resolution E/CW.4/1983/L.12 as a whole was adopted by 26 · otes to 7, with 10 abstentions. The voting was as follows: In favour: ngladesh, Brazil, Bulgaria, China, Socialist Republics, United Republic of Tanzania, Yugosl Against: Australia, Canada, Germany, Federal Republic of, Italy, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America. Costa Rica, Fiji, Finland, France, Ireland, Japan, Mexico, Philippines, Uruguay, Zaire. Abstaining: 147. For the text of the resolution, see chapter XXVII, section A, resolution 1983/3* 148. At the 21st meeting, the representative of Zimbabwe introduced a draft resolution (E/CN.4/1983/L.14/Rev.l) sponsored by Afghanistan, \J Algeria, _/ the Congo, · * / Costa Rica, Cuba, Cyprus, Democratic Yemen, 'I Ghana, Iran (Islamic Republic o f ) , _*/ the Libyan Arab Jamahiriya, Madagascar, ^J Mexico, Mozambique, Nicaragua, Rwanda, Uganda, the United Republic of Tanzania, Viet Nam, J/ Yugoslavia and Zimbabwe. Panama a / and Venezuela k_J joined the sponsors. At the same meeting the representatives of"~Morocco and Zimbabwe and the observer for Viet Kara made statements relating to the draft resolution. 149. The Commission considered the draft resolution at its 23rd meeting. The representative of Canada made a statement in explanation of vote before the vote. 150. At the same meeting the Commission adopted draft resolution E/CH.4/1983/L.14/Rev.l by 16 votes to 2, with 15 abstentions. The representatives of Costa Rica, Ghana, India, Mozambique, Rwanda, Senegal, the United Republic of Tanzania, Uruguay, Zaire and Zimbabwe were absent at the time of voting. Later, the representatives of those States made statements to the effect that if they had been present at the time of voting they would have voted as follows: Costa Rica, Ghana, India, Mozambique, Rwanda, the United Republic of Tanzania and Zimbabwe would have voted in favour; Senegal and Zaire would have voted against; and Uruguay would have abstained. U In accordance with rule 69, paragraph 3, of the rules of procedure of the functional commissions of the Economic and Social Council. 151- For the text of the resolution, see chapter XXVII, section A, resolution 1983/6. 152. At the 21st meeting the representative of Uganda introduced a draft resolution (E/CN.4/1983/L.15) sponsored by Algeria, V the Congo, V Cuba, Egypt, V Ethiopia, V Ghana, Madagascar, V Mozambique, Rwanda, Somalia, V the Sudan, V Uganda, the United Republic of Tanzania, Yugoslavia, Zaire and Zimbabwe. Afghanistan, ^J Bangladesh, the Libyan Arab Jamahiriya, Nicaragua, Pakistan, the Syrian Arab Republic, JV Tunisia V and Viet Nam V joined the sponsors. The representatives of Czechoslovakia and Viet Nam made general comments on the draft resolution. 153. The Commission considered the draft resolution at its 22nd meeting. Roll-call votes were requested on operative paragraph 3 of the draft resolution and on the draft resolution as a whole. 154. At the same meeting the Commission decided on draft resolution E/CN.4/1985/L.15 as follows: (a) Operative paragraph 3 was adopted by 27 votes to 12, with 4 abstentions. The voting was as follows: In favour: Argentina, Bangladesh, Brazil, Bulgaria, China, Cuba, Cyprus, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragua, Pakistan, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Yugoslavia, Zaire, Zimbabwe. Australia, Canada, Colombia, Costa Rica, Finland, France, Germany, Federal Republic of, Ireland, Italy, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America. Fiji, Japan, Philippines, Uruguay. Against: Abstaining: (b) The draft resolution as a whole was adopted by 31 votes to 7, with 4 abstentions. The voting was as follows: In favour: Argentina, Bangladesh, Brazil, Bulgaria, China, Colombia, Cuba, Cyprus, Fiji, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragua, Pakistan, Philippines, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Uruguay, Yugoslavia, Zaire, Zimbabwe. Australia, Canada, France, Germany, Federal Republic of, Italy, United Kingdom of Great Britain and Northern Ireland, United States of America. Against: V In accordance with rule 69, paragraph 3, of the rules of procedure of the functional commissions of the Economic and Social Council. Abstaining: Finland, Ireland, Japan, Netherlands. The representative of Costa Rioa did not participate in the vote. 155For the text of the resolution, see chapter XXVII, section A, resolution 1985/4. 156. At the 21st meeting the representative of the Philippines introduced a draft resolution (E/CN.4/1983/L.16) sponsored by Australia, Canada, Costa Rica, Germany, Federal Republic of, Fiji, Italy, Japan, Malaysia, V the Netherlands, New Zealand, ^J Pakistan, Peru, ^J the Philippines, Singapore, ^J Somalia, j*/ Thailand, J7 the United Kingdom of Great Britain and Northern Ireland, Uruguay and Zaire. Belgium jV and the Gambia joined the sponsors. At the same meeting the representative of Bangladesh and the observers for Democratic Kampuchea and Viet Nam made statements relating to the draft resolution. 157* The Commission considered the draft resolution at its 22nd meeting. The representatives of the Soviet Union, Bulgaria, Cuba and the Ukrainian SSR made statements in explanation of vote before the vote. A roll-call vote was requested on the draft resolution as a whole. 158. The Commission adopted draft resolution E/CN.4/I983/L.16 by 28 votes to 9, with 4 abstentions. The voting was as follows: In favour: Argentina, Australia, Bang ddesh, Brazil, Canada, China, Colombia, Costa Rica, Fiji, France, Gambia, Germany, Federal Republic of, Ghana, Ireland, Italy, Japan, Netherlands, Pakistan, Philippines, Rwanda, Senegal, Togo, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Yugoslavia, Zaire, Zimbabwe. Bulgaria, Cuba, India, Libyan Arab Jaraahiriya, Mozambique, Nicaragua, Poland, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics. Abstaining: Finland, Mexico, Uganda, United Republic of Tanzania. Against: The representative of Cyprus did not participate in the vote. 159« For the text of the resolution, see chapter XXVII, section A, resolution 1983/5. 160. At the 21st meeting the representative of Pakistan introduced a draft resolution (E/CN.4/1983/L.17) sponsored by Bahrain, V Bangladesh, Costa Rica, Egypt, y Fiji, Jordan, Malaysia, V Morocco, V Oman, V Pakistan, the Philippines, Qatar, ^J Saudi Arabia, ^J Senegal, Singapore, ^J Somalia, ^J the Sudan, V Thailand, V Tunisia, V Turkey, V the United Arab Emirates *f and Uruguay. The Gambia and Zaire joined the sponsors. At the same meeting the representatives of Afghanistan, Bangladesh, Czechoslovakia and Viet Nam made general comments on the draft resolution. J7 In accordance with rule 69, paragraph 3, of the rules of procedure of the functional commissions of the Economic and Social Council. 161. lhe Commisaion considered the draft resolution at its 23rd meeting. The representatives of the Soviet Union, Bulgaria, China and the Ukrainian SSR made statements m explanation of vote before the vote. 4 roll-call vote was requested on the draft resolution as a whole. 162. At the same meeting the Commission adopted draft resolution E/CN.4/1983/L.17 by 29 votes to 7, with 5 abstentions The voting was as follows In favour Argentina, Australia, Bangladesh, Brazil, Canada, China, Colombia, Fiji, France, Gambia, Germany, Federal Republic of, Ghana, Ireland, Italy, Japan, Jordan, Mexico, Netherlands, Pakistan, Philippines, Rwanda, Senegal, Togo, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Yugoslavia, Zimbabwe. Bulgaria, Cuba, Libyan Arab Jamahiriya, Mozambique, Poland, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics. Cyprus, Finland, India, Nicaragua, Uganda. Apamst Abstaining 163. The representatives of Costa Rica and Zaire were absent at the time of the voting. Later they said that if they had been present, they would have voted in favour. 164. For the text of the resolution, see chapter XXVII, section A, resolution 1983/7. 165. At its 23rd meeting the Commission considered draft resolution VII recommended to the Commission for adoption by the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/1983/4, chap. I, sect. A ) . The representatives of Bangladesh and Canada made statements in explanation of vote before the vote. The representative of Bangladesh requested a roll-call vote on the draft resoluiton as a whole. 166. At the same meeting the Commission adopted the draft resolution by 16 votes to 14, with 10 abstentions. The voting wa3 as follows In favour Brazil, China, Cuba, Cyprus, Ghana, Ireland, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragua, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Zimbabwe. Argentina, Australia, Bangladesh, Canada, Colombia, Fiji, Gambia, India, Japan, Jordan, Pakistan, Philippines, United States of America, Uruguay. Finland, France, Germany, Federal Republic of, Italy, Netherlands, Poland, Rwanda, Senegal, United Kingdom of Great Britain and NorLt ^"n Ireland Yugoslavia. Against Abstaining The representative of Bulgaria did not particiapte in the vote. 367. The representative of Zaire later stated that if he had been present at the time of the voting, he would have abstained. 168. For the text of the resolution, see chapter XXVII, section A, resolution 1983/8. 169. At the 23rd meeting the representatives of Brazil, the United Kingdom, Australia, Finland, Argentina, France, Ireland, Cuba, the Netherlands, the Libyan Arab Jaraahiriya, the Federal Republic of Germany and Italy made statements in explanation of vote after the vote on draft resolutions E/CN.4/1983/L..12, E/CN.4/1983/L.i4/Rev.l, E/CN.4/1983/1..15. E/CN.4/1983/L.16 and E/CN.4/1983/L.17 and on draft resolution VII recommended by the Sub-Commission (E/CN.4/1983/4, chap. I, sect. A ) . _ 49 - VIII QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO AJY FORM OF DETENTION OR IMPRISONMENT, IN PARTICULAR (a) TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT, (b) QUESTION OF ENFORCED OR INVOLUNTARY DISAPPEARANCES 170. The Commission considered agenda item 10 jointly with subitem 10 (b) at its 20th, 23rd to 25th, 28th, 31st and 32nd meetings, held on 14, 16, 17, 21 and 22 February 1983, and at its 49th meeting, on 7 March 193;}. Item 10 (a) was considered at the 31st and 32nd meetings, on 22 February, and at the 54th meeting, on 9 March 1983. 171. The Assistant Secretary-General, Centre for Human Rights, introduced the item at the 20th meeting, on 14 February 1983. 17?. At the 32nd meeting, on 22 February 1983, a draft resolution (E/CM.^i/1983/L.29/Rev.l) sponsored by Canada, Peru _/ and Senegal was introduced by the representative of Canada, who, on behalf of the sponsors, revised the text by deleting operative paragraph 3* 173. At the same meeting, draft resolution E/CN.4/I983/L 29/Rev.l, as orally revised, was adopted without a vote. 174. For the text of the resolution, see chapter XXVII, section A, resolution 1983/18. 175. At the 49th meeting, on 7 March 1983, the representative of Cuba introduced a draft resolution (E/CM.4/1983/L.31/Rev.l) sponsored by Algeria, V Bahrain, U Bangladesh, China, Congo, 'fj Cuba, Cyprus, Egypt, 5S/ India, Iraq, ^J Jordan, the Libyan Arab Jamahiriya, Morocco, W Mozambique, Nicaragua, Senegal, Tunisia _/ and Yugoslavia. 176. At the same meeting, the representatives of the Gambia and Pakistan announced that they had joined the sponsors of the draft resolution, and the representative of the Libyan Arab Jamahiriya withdrew from the list of sponsors. Statements concerning the draft resolution were made by the representatives of Bangladesh and Jordan and by the observers for Israel and the Syrian Arab Republic. The representative of the Palestine Liberation Organization also made a statement. Explanations of votes before the vote were made by the representatives of the Libyan Arab Jamahiriya and the United States of America. 177. At the same meeting draft resolution E/CN.4/1983/L-31/Rev.l was put to the vote. At the request of the representative of Cuba, the vote was taken by roll-call. The draft resolution was adopted by 40 votes to none, with 2 abstentions. The voting was as follows In favour fr^entina, ustralia, p ^ n ^ adesh, Brazil, Bulgaria, Canada, China, Colombia, Costa Rica, Cuba, Cyprus, Fiji, Finland, France, Gambia, Germany, Federal Republic of, Ghana, India, Ireland, Italy, Japan, Jordan, Mexico, Mozambique, Netherlands, Nicaragua, Pakistan, ^J In accordance with rule 69, paragraph 3» °f the rules of procedure of the functional conraissions of the Economic and Social Council. Philippines, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Yugoslavia, Zimbabwe. None. Libyan Arab Jamahiriya, United States of America. 173. For the text of the resolution, see chapter XXVII, section A, resolution 1983/27. A. Torture and other cruel, inhuman or degrading treatment or punishment 179. The Commission had before it the report of the informal open=ended working group on a draft convention against torture and other cruel, inhuman or degrading treatment c punishment (E/CN.4/1983/L.2). 130. At the 54th meeting, on 9 March 1983, the Chairman-Rapporteur introduced the Uorkins? Group's report. At the same meeting the Commission heard statements oy the representatives of Australia, Canada, Colombia, Iran (Islamic Republic of) and Iraq. 131. At the same meeting, the Commission took note of the report of the forking Group (E/CN.4/1983/L.2). 1/ 182. At the 31st meeting, on 22 February 1983, the representative of Finland introduced a draft resolution (E/CH.4/I983/L.32) sponsored by Denmark, / Finland, Norway _V and Sweden, jV concerning the United Nations Voluntary Fund for Victims of Torture. 183- At the 32nd meeting, on 22 February 1983, draft resolution S/CN.4/1933/L.52 was adopted without a vote. 184. For the text of the resolution, see chapter XXVII, section A, resolution I9S3/19. 185. At the 54th meeting, on 9 March 1983f the representative of Finland introduced a draft resolution (E/CN.4/1983/L.62), sponsored by Cuba, Denmark, __/ Finland, France, Greece, ic! India, the Netherlands, Norway, _V Senegal and Sweden. ^J Colombia and Australia joined the sponsors. The Comtnission'a attention was drawn to an estimate (E/CN.4/1983/L.84) of the programme budget implications of the draft resolution. 2/ 186. At the same meeting, draft resolution E/CN.4/1983/L.62 was adopted without a vote. */ In accordance with rule 69, paragraph 3» °f t n a rules of procedure of the functional commissions of the Economic and Social Council. 1/ To be reissued under the symbol E/CN.4/1983/63. 2_/ An estimate of the administrative and programme budget implications of the Commission's resolutions and decisions appears in annex III. - 51 - 187- Tor the text of the resolution, see chapter XXVII, section A, resolution 1983/48 B · 9.H£££-*-on of enforced or involuntary disappearances 188. Jn connection with its consideration of subitern 10 (b) of its agenda, the Connission lad sefore it the following documents report of the Working Group on Enforced or Tnvoluntary Disappearances (t/CH.4/3-933/14) a written statement submitted by the International Connittee of the Red Cross, a non-governmental organization m consultative status (category II) (E/CN.4/1983/HGO/34)., a written statement submitted by the Christian Democratic World Union, a non=governmental organization in consultative status (category II) (E/CN.4/I9O3/WGO/37). 189. At the 20th meeting the Chairman-Rapporteur of the Working Group on Enforced or Involuntary Disappearances introduced the Group's report (E/CM.4/I983/14)· ^s referred to the new format of the report but emphasized thac. in summarising whafc had been said by those attending the meetings of the Group there was no question of the Group e cere 1 sing any judgenent. He also drew attention to the figures included m the report and urged that these should not be regarded as the sole test of the Group's work and the response to it. He further made reference to General Assembly resolutions 37/180 and 37/181 of 17 December 1982. 190. At its 24th and 25th meetings, the Commission heard statements by the observers for Austria, Bolivia, Cuba, El Salvador, Ethiopia, Guatemala, Iran (Islamic Republic o f ) , Iraq, Peru, Spain, Sweden, Switzerland and the Syrian Arab Republic. At the 24th meeting a representative of the Centre for Social Development and Hunanitarian Affairs made a statement, and at the 25th meeting the representative of the Palestine Liberation Organization made a statement. 3 praised the impartial and humanitarian work of the Working Grou J.llOCt"llfill>AtJlJcEJ. ^UUVG11U.LUU Vitally C*ptJettS.Ci"CJ O l i l ' t d b U U LiLlCll' L-IXC UU*-Opet 'CLlrXUU Ul Governments was important to the success of the Group's work, and many speakers welooned the increased co-operation by Governments. In the view of various speaker all Governments should be urged to co-operate fully with the Group Emphasis "-" laid by several speakers on the urgent need to show results and some speakers expressed i>c""t 'hat ini v i fc / i«u oeen clarified. Governments were urged to do o'tsxc utmost to clarify whether cases had been solved. 193. At the y-y the International Commission of J u r i s t s , a non-governmental organization m consultative status (category I I ) (E/CN.4/1933/MO/4), Written statement submitted by the \lorld Peace Council, a non-govemnental organization m consultative status (Roster) (E/CN.A/1983/NGO/o), Written statement submitted by the World Peace Council, a nor-governnental organization m consultative status (Roster) (E/CN.4/1983/NGO/9), Written statelier* t; submitted by International Indian. Treaty Council, s nongovernmental organization m consultative status (cetefory II) (r/oii4/i98//) Written statement submitted by Christian Democratic World Union, a nongovernmental organization m consultative status (category II) (E/CN.4/1983/HGO/H) j Written statement submitted by Pas: Christi, a non-governmental organization m consultative status (category I I ) ( E / C N . 4 A ? 8 3 / ^ / 1 2 ) ; Written statement submitted by 16 non-governmental organize fcions m consultative status ( / C K / / / ) Written statement submitted by the International Federation of Human Rights, a non-governmental organization, in consultative status (category II) (E/CN . 4/198 3/HGO/W ); Written statement submitted by the Women's International Democratic Federation, a non-governmental organization m consultative status (category I) (I1/CI.4/1SS3/NGO/15); Written statement submitted "by the Inter-Parliamentary Union, a non-governmental organization m consultative status (category i ) (E/CN.4/1983AGO/21); Written statement submitted by the Commission of the Churches on International Affairs, a non-governmental organization in consultative status (category II) (C/CH.4/19S3/NGO/27); Written statenent submitted by the World Confederation of Labour, a noneovernmental organization m consultative status (category I) (E/CK. 4/198 3/ITGO/2O); Written statenent submitted by Amnesty International, a non-governmental organization m consultative status (category II) (E/CW.4/19Q3/NGO/29); Written statement submitted by .Amnesty International, a non-governmontal orgamzrtion m consultative status (category II) (E/CN,4/1983/NGO/3O), Uritten gtatemont submitted by the International Indian Treaty Council, a nongovernmental organization m consultative status (category II) (E/CN.4/1933/KG0/31); Uritten stE-tenent submitted by the International federation of Human Eights, a non-governmental organisation m consultative status (category II) (E/CN. 4/1983AGO/58); Written statement submitted by the Christian Democratic World Union, a nongovernmental organization m consultative status (category II) (E/CN.4/1933/HGO/39); Uritten statement submitted by the International Federation of Human Eights, a non-governmental organisation m consultative status (cabegory II) ( / / V f r / ) Written statement submitted by the International Bar Association, a non~ govfainiuynlal organization m consultative status ( c n t e ^ r y I I ) (E/CH.4/lS)83/NGO/42)j Written statement submitted " b y Pax .fiomana, a non-governmental organization in consultative status (category II) (E/CF./t/lf83/ffGO/45); Written statement submitted " b y Pax Christi, a non-governmental organization in consultative status (category I I ) (E/ON.4/19O3/MGO/46)? Written statement submitted by the International .Federation of Rural J'dult Catholic Movements, a non-governmenta] organization m consultative status (Roster) (E/CN.4/l983/ta/47); Written statement submitted by the Worid Council of Indigenous Peoples, a nongovernnental organization in consultative status (category I I ) (E/CN.4/1903/1TGO/50) ; Written statement submitted by the International Ilovement for Fraternal Union among Races and Peoples, a non-governmental organization in consultative status (category I I ) (E/CIT.4/1983>GO/54); Written statement submitted by 14 non-governmental organizations in consultative status (E/CN.4/1903/NGO/55). 229. During the debate on item 12, speakers referred to the role of the Commission 1 1 1 the promotion and protection of hunan rights and to the Commission's nethods and procedures i n that regard. I t was stressed that the Commission had. a high degree of responsibility both in the field of standard setting and m adopting effective measures regarding human rights violations, 230. Many statements were made concerning alleged violations of human rights in specific countries or t e r r i t o r i e s ; those statements and the replies made by representatives of Governments are summar:aed m the records of the meebings. Situation of human rights in El Salvador 231. In connection with the consideration of t h i s matter? the Commission had before i t documents E/CN.4/1983/20, E/Cff.4/1983/1^0/9, E/CN.4/19O3/JJGO/15 S E/CN.4/1993/CTGO/46. At the Commission is 40th meeting, on 28 February 1983, the Special Representative appointed pursuant to Commission resolution 32 (XXXVTl), Mr. Joso Antonio Pastor Ridruejo, introduced his report (E/CT.4/1983/20) to the Commission. 232. At the 51st meeting; on 8 March 1983, the representative of Canada requested and was granted, permission to postpone his introduction of draft resolution E/CM".4/1983/L.18 to the 52nd meeting, when he would submit for consideration a revised version of that draft resolution. The representative of llexioo then introduced draft resolution E/CB,4/l9)33A''48, sponsored by Algeria, ^_J Prance, llexico and Yugoslavia, together with amendments (E/CN.4/1983/1,53) to draft resolution E/CT.4/1903/L.18 submitted by the same sponsors. Bolivia \f and Nicaragua joined the sponsors of draft resolution E/CM.4/1983/1.48, 'fj In accordance with rule 69? paragraph 5, of the rules of procedure of the functional commissions of the Economic and Social Counci]. *J5* 4 t i e bnap iceKng, and prior to a vote on draft isoolution L/CN,A/Vfi^/l*.48, the attention of Lhe Cormission was drawn to an estimate of the programme budget implications (E/CN. Vl983/L,38). l/ 234. The revised version of draft resolution L/CN,4/l983/L.18 ^as n o t considered by the Commission since at the 52nd meeting, on 8 Inrch 1983, the representative of Mexico proposed, under rule 65 of the rules of procedure of the functional commissions of the Economic and Social Council, that a decision be taken on draft resolution E/CU.4/1983/1,^8. 235. .H the same meeting, at the Tequest of the representative of Mexico, the vote on his motion wes taken by r o l l - t a l l . The proposal was adopted by 18 votes to 17, with 7 abstentions. The voting was as follows. In favour Bulgaria, Cuba, Cyprus, France Ghana, India, Ireland, Libyan Arab Jamahinya, Mexico, Ilozambique, Nicaragua, Poland, Uganda, Ukrainian Soviet Socialisb Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Yugoslavia, Zimbabwe. Against Great Britain Uruguay. ·Abstaining. China, F i j i , Gambia, I t a l y , Jordan, Togo, Zaire. 236. The representatives of Argentina, Canada, the United Kingdom, Uruguay, Colombia, Costa Rica, Cub , the United States of America, Finland, the Netherlands, Senegal and the Federa] Republic of Germany made statements in explanation of vote before the vote. 237* -^t the same meeting the representative of the United Kingdom requested a separate vote on operative paragraph 11 of the draft resolution. By a r o l l - c a l l vote requested by the representative of Mexico, the Comnission adopted this paragraph toy 34 votes to none, with 6 abstentions. The voting was as follows In favour Australia, Bangladesh, Bulgaria, Canada, Cuba, Cyprus, Finland, France, Germany, Federal Republic of, Ghana, India, Ireland, Italy, Japan, Jordan, Libyan Arab Jamahiriya, IleVLCo, Mozambique, Uetherl3n&&, Nicaragua, Pakistan, Philippines, Poland, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Yugoslavia, Zimbabwe. None. Argentina, Brazil, China, F i j i , Gambia, Zaire. Against Abstaining:. l/ m estimate of the administrative and programme budget implications of the Commission's resolutions and decisions appears in annex I I I . 2JQ. ft the same meeiing draft resolution E/CN.4/1903/L.48 a s 3 whole IME, ailopl-«a by a r o l l - c a l l vote requested, by the representative of llexico by 23 vote* in r > , uifch 10 abstentions. The voting was as follows; In favour: Bulgaria; Cuba, Oypius, Finland, France, Ghanr, fntlia, FIB!and, I t a l y , Libyan Arab Jamahiriya, Mexico, Tlo^ambique, Netherlands, Nicaragua, Poland. Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic,, Union of Soviet Socialist Republics, United Republic of Tanzania, Yugoslavia, Zimbabwe. Argentina, Bangladesh, Brazil, Pakistan, United States of America^ Uruguay, Australia, China, F i j i , Gambia, Germany, Federal Republic of, Japan, Jordan, Philippines, United Kingdom of Great Britain and Northern Ireland, Zaire. Against; Abstaining; i>fter the vote, statements were made by the representatives of Mexico, Ccnada and France. A n explanation of vote was given by the representative of ...ustralia, 239. In the light of the vote on draft resolution E/CN.4/1903/L.4G, no ection uas taken on draft resolution E/OT.4/1985/L.I8 or on the amendments thereto ( / / A ) 240. For the texfc of the resolution, Situation of human rights m Poland see chapter XXVII, section .'., resolution iyO5/?9. 241. In connection with the consideration of this matter, the Commission had before i t documents E/CN.4/1983/18, E/GH.4/1983/NGO/11, E/CN.4/1983/NGO/28 and E/CT.4/1983/NOO/29. At the 40th meeting, on 28 February 1983S Under-Secretary-General Hugo Gobbi introduced his report to the Commission. 242. i-t the 51st meeting, on 8 March 1CJ&5> "the representative of the Netherlands introduced a draft resolution (B/CB.4/1983/L,37) sponsored by the Federal Republic of Germany, Ireland, I t a l y and the Netherlands. 243> ·k't "tb-e same meeting, and prior to the vote on the draft resolution, the attention of the Commission was drawn to an estimate of the programme budget implications (.G/CN.4/1983/L.88) 2/ of draft resolution E/CIM/1983/L.37. 244« The representatives of Poland, Bulgaria and Mozambique made statements relating to draft resolution E/CN.4/1983/L.37. 245, At the 52nd meeting, on 8 March 1983, the representative of Mozambique proposed the following decision under rule 65, paragraph 1, of the rules of procedure; "The Commission decides to defer consideration of drafL resolution E/CN.4/l993A"37 concerning the situation of human rights and fundamental freedoms in Poland to i t s f o r t i e t h session", and moved that his proposal receive priority. 2/ An estimate of the administrative and programme "budget implications of the Commission's rrsolutions and decisions appears in annex H I , ·4*". t t fh soir< ii^Hng, He i , pL'-s-rt five ot Nicaragua pjLopofci.il, undei ra3c 49 " ^ the r i l e s of jari-nanc , that the debate on dxatb it-sniufcion E/CN.4/198^/^.57 dealing with the &±Lwation of imiyn nghlb jn Fojand should be adjo irncd until the fortieth session of the Cuiuut ssion. l h i s pioposal was rebooted by ig votes to 14, with 10 abstentions. ?4f. ^n(3 motion by Mo/aipbiquo cowauT'g p n o c i t y for i t s proposal was then put to a vote and was rejected by 18 votes to 13, with 10 abstentions. 248. At the same meeting the representative of Cuba proposed an oral amendment to operative paragraph 5 of draft robolution E/CN.4/1983/L.:57° which would road as follows. ".pccides to postpone u n t i l i t s fortieth session the decision to request the Secretary-General or a person designated by him to update and complete the thorough study of the human rights situation m Poland requested m i t s resolution 1982/26, based on such information as he may deem relevant, including comments and materials the Government of Poland may wish to provide". By a r o l l - c a l l vote requested by the representative of Yugoslavia, the amendment was rejected by 19 votes to 12, with 11 abstentions. The voting1 was as followsIn favour. Bulgaria, Cuba, India, Iibyan Arab Jamahiriya, ITozambique, Nicaragua, Poland, Ukrainian Soviet Socialist Republic, Union, of Soviet Socialist Republics, United Republic of Tanzania, Yugoslavia, Zimbabwe. Australia, Canada, Colombia, Costa Rica, F i j i , Trance, Gambia, Germany, Federal Republic of, Ireland, I t a l y , Japan, Mexico, Netherlands, Philippines, Senegal, Togo, United Kingdom ol Great Britain and Northern Ireland, United States of America, Uru guay. Argentina, Bangladesh, Brazil) Cyprus, Finland, Ghana, Jordan, Pakistan, Rwanda, Uganda, Zaire. Against; Abstaining. 249* By a r o l l - c a l l vote requested by the representative of Poland, draft resolution E/CN.4/1983/U37 was adopted by 19 votes to 14, with 10 abstentions. voting was as follows: In favour; Australia, Canada, Colombia, Costa Rica, T i j i , France, Gambia, Germany, Federal Republic of, Ireland, Italy, Japan, Mexico, Netherlands, Philippines, Senegal, Togo, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay. The Apamst; Bulgaria, China, Cuba, Ghana, India, Libyan Arab Jamahiriya, Mozambique, Nicaragua, Poland, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Yugoslavia, Zimbabwe, Argentina, Bangladesh, Brazil, Cyprus, Finland, Jordan, Pakistan, Rwanda, Uganda, Zaire. ibstaininff - 64 - 250. Explanations of vote before the vote on the draft resolution were made by the representatives of the following States. Yugoslavia, Finland, i rjentma, Bulgaria, Zimbabwe, USSR, Togo, Ukrainian SSR, IVance, Australia, Cuba, Mozambique, Gambia and Ireland. 251. .After the vote a statement was made by the representative of Poland. Statements m explanation of vote after the vote on the draft resolution were made " b y the representatives of China and the Iibyan Arab Jamahiriya, ?52P Tor the text of the resolution, see chapter XXVII, section A, resolution I983/3O. The right and responsibility to promote respect for human rights and fundamental freedoms 25.5. AX the 51st meeting, on 8 Harch 1983, the representative of Canada introduced a draft resolution (E/CF.4/I983/I.58) sponsored by Canada and Senegal. The following amendments proposed by the representative of Brazil were accepted by the sponsors. (a) to delete the words "at i t s fortieth ses&ion" m operative paragraph 2, (b) to replace "fortieth" by "forty-first" m operative paragraph 3 > 254. AX the 52nd meeting, on 8 March 1983, the Commission adopted the draft resolution without a vote. 255. The representative of Yugoslavia made a statement after the a < option of the resolution. 256. For the text of the resolution, see chapter XXVII, section A, resolution 1983/31. Situation of human rights m Equatorial Guinea 257. In connection with the consideration of this matter, the Commission had before i t documents E/CN.4/l933/17, C/CN.4/I983/NGO/4 and E/CN.4/1983/NGO/54. iit the 51st meeting, on 8 March 1983? the representative of Canada introduced a draft resolution (E/CN.4/l983/L.66/Rev.l). i t the same meeting the draft resolution was adopted without a vote. 258. For the text of the resolution, see chapter XXVII, section A, resolution 1982/32. Situation of human riphts in Bolivia 259« In connection with the consideration of this matter, the Commission had before i t documents E/CW.4/1983/22 and Add.l. i t the 40th meeting, on 28 February 1983, the Special Envoy of the Commission appointed pursuant to Commission resolution 34 (XXXVIl), Mr. Hector Gros Espiell, introduced his report. At the 44"th meeting, on 2 llarch 1983? "t^e Commission heard a statement by Mr. Mario Eoncal Antezana, Minister of the Interior, Migration and Justice of Bolivia. 260, At the 51st meeting on 8 March 1983, the representative of Canada introduced a draft resolution (E/CN.4/1983/L.69) sponsored by Belgium, _J Brazil, Canada, Colombia, Costa Rica, Ecuador, ~^J France, Gambia, Germany, Federal Republic of, Ireland, Hexico, ^J In accordance with rule 69, paragraph % of the rules of procedure of the functional commissions of the Economic and Social Council. the Netherlands, Peru, __/ Spain, _ / Uganda, the Un: ted Kingdom of Great Britain and Northern Ireland, Uruguay, and Yugoslavia. Algeria, £_/ Venezuela, __/ Nicaragua, the Dominican Republic _j and Cyprus joined the sponsors, 261. i t the same meeting and prior to a vote on the draft resolution, the attention of the Commission was drawn to an estimate of the programme "budget implications ( E / C H . 4 / 1 9 8 3 / 1 . 8 1 ) %/ of the draft resolution. 262. At the 52nd meeting, on 8 March 1983; "the draft resolution was adopted without a vote. 263. After the adoption of the resolution, of Bolivia, 264. For the text of the resolution, a statement was made by the representative see chapter XXVII? section % resolution I9G3/33. Situation of human rights m the Islamic Republic of Iran 265. In connection with the consideration of this matter, the Commission had before i t documents B/CN.4/1983/19 and E/CN.4/19S3/59. 266. At the 52nd meeting, on 8 March 1983, the representative of the Netherlands introduced a draft resolution (E/CH,4/l983A.7O/Rev.l), sponsored by Australia, Belgium, iJ Canada, Costa Rica, Ireland, the Netherlands, Panama _J and the United Kingdom of Great Britain and Northern Ireland. 267. At the same meeting, and prior to the vote on the draft resolution, the attention of the Commission was drawn to an estimate of the programme budget implications (E/CN.4/1983/L.94) J5/ of the draft resolution. 268. 'H the same meeting the draft resolution vas adopted without a vote. 269. At the same meeting the representative of Pakistan moved, under rule 55 °f "the rules of procedure, that draft resolution E/CN,4/l983/L,70/Rev.l be reconsidered. This motion was put to a vote and was carried by 11 votes to 10, with 18 abstentions. 270. At the request of the Libyan Arab Jamahimya, draft resolution resolution E/CN.4/l983/L.7O/Eev.l was put to a vote by r o l l - c a l l and was adopted by 17 votes to 6, with 19 abstentions. The voting was as follows: In favour: Australia, Canada, Costa Rica, F i j i , Finland, France, Germany, Federal Republic of, Ghana, Ireland, Italy, Jordan, Netherlands, Rwanda, Togo, Uganda, United Kingdom of Great Britain and Northern Ireland, United States of America. 2/ In accordance with rule 69, paragraph 3» of the rules of procedure of the functional commissions of the Economic and Social Council. _3/ A n estimate of the administrative and programme budget implications of the Commission's resolutions and decisions appears m annex I I I . i1 gainst; Bangladesh, Cuba, Libyan Arab Jamahinya, Mozambique, Pakistan, United Republic of Tanzania. -rgentma, Brazil, Bulgaria, China, Colombia, Cyprus, Gambia, India, Japan, Mexico, Philippines, Poland, Senegal, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, Uruguay, Yugoslavia, Zaire, Zimbabwe. ibstaining 271. 272. The observer for ths Islamic Republic of Iran made a statement after the vote. For the text of the resolution, see chapter XXVII, section A, resolution 1983/34. Human rights and massive exoduses 273. In connection with the consideration of this matter, the Commission had "before i t documents E/CN.4/1983/33 and E/CN.4/1983/NGO/45. At the 40th nesting, on 28 February 1982, the Special Rapporteur on human rights and massive exoduses appointed pursuant to Commission resolution 29 (XXXVIl), Prince Sadruddm Aga Khan, made a statement. 274. At the 51st meeting, on 8 March 1983, the representative of Canada introduced a draft resolution 1l/CE.4/1983/L.71) sponsored by Argentina, Australia, Bangladesh, Canada, Costa Rioa, Germany, Tede al Republic of, F i j i , the Gambia, Ghana, Ireland, Japan, Jordan, Nicaragua., Pakistan, the Philippines, Senegal, the United Kingdom of Great Britain and Northern Ireland and Uruguay, Colombia joined the sponsors, and Nicaragua withdrew i t s sponsorship of the draft resolution, 275- At the uame meeting the representative of Cuba introduced amendments (E/CN.4/1983/L.89), sponsored also by Mozambique and Nicaragua, to draft resolution E/CT.4/1983/.L.71. 276. At the 52nd meeting, on 8 March 1983, the representative of Australia, on behalf of the sponsors of draft resolution E/CEr.4/l983/L.71, accepted the following amendments contained m document E/CN.4/1983/L.89! (a) Amendments 2 and 3 to the preamble, as set out in E/CH".4/1983A.89J "Recalling further (b) Amendment 1 to the preamble, revised to read as follows, General Assembly resolution 32/130 of 16 December 1977"; (c) Amendment 4 to the preamble, revised to read as follows? "Mindful of the value, in view of the importance of the subject, of the largest possible number of Governments expressing their opinions on the study"; (d) (e) Amendments 2 and 4 to the operative part, as set out m E/CI.4/1983/L.89; Amendment 3 to the operative part revised to read as follows: "Invites the Secretary-General, m his report pursuant to General Assembly resolution 37/186, to propose on the basis of i t s consideration of the recomneridations as well as such opinions as Governments have submitted and may submit, the deliberations of the Commission at i t s thirty-ninth session and of the Group of Governmental Experts on International Co-operotion to Avert N e w Flows of Refugees, effective international co-operative arrangements to address and alleviate those root causes of mass movements of population related to violations or suppression of human r i g h t s , taking into accotnt existing arrangements, s k i l l s and resources m the United Notions system". Amendment 1 to the operative part was withdrawn. The representative of Australia furtner revised operative paragraph 4 of draft resolution E/CN.4/1983/L-71 to read as follovs. "Acknowledges that the recommendations m the Special Rapporteur's study could possibly contribute to the prevention of further mass movements of population and to the mitigation of their consequences". 277. At the same meeting draft resolution E/CN.4/1983/L.7I, as amended, was adopted without a vote. 278. For the text of the resolution, see chapter XXVII, section A, resolution 1983/3> bummary or arbitrary executions 279. In connection with the consideration of this natter, the Commission had before i t documents E/CI.4/1983/16, E/CN.4/1983/NGO/2, em& E/CIT.4/1583/NGO/27. At the 40th meeting, on 20 February 1983j the Special Rapporteur on summary or arbitrary executions appointed pursuant to Economic and Social Council resolution 1982/35j Mr. S, A m o s Wako, introduced his report to the Commission. At the 48th meeting, on 4 March 1983, at the end of the debate on the matter, the Special Rapporteur made a statement responding to points raised during the discussion. 280. At the 51st meeting, on 8 March 1983, the representative of Finland introduced a draft resolution (E/C1T.4/1983/L,74) sponsored by Costa Rica, Cyprus, Denmark, ^J Finland, France; the Gambia and Mexico. The Netherlands joined the sponsors. The words "including relevant internal legislation" were added by the sponsors m operative paragraph 5 of the draft resolution recommended to the Economic and Social Council for adoption after the words "new information". 281. At the same meeting and prior to the vote on the draft resolution, the attention of the Commission was drawn to an estimate of the programme budget implications (E/CN.4/1983/L.83) 4 / of draft resolution E/CIM/1983/L.74. 282. The representative of Argentina further proposed that operative paragraph 5 ol the draft resolution recommended for adoption by the Council " b e further amended as follows. "Requests the Special Rapporteur to review his report m the light of the inftrraation received, taking particularly into account any new information, including relevant internal legislation, provided by concerned Governments as well as views expressed in the Commission at i t s thirty-ninth session and to submit a report to the Commission at i t s fortieth session". +j In conformity with rule 65» paragraph 3j of the rules of procedure of the functional commissions of the Economic and Social Council, 4/ A n estimate of the administrative and programme budget implications of the Commission's resolutions and decisions appears m annex I I I . 28J. At the same meeting draft resolution E/CN,4/l983/f «74? a.,j thus amended, wos adopted without a vote. 284. Statements after the adoption of the resolution were made " b y the representative of Australia and the observer for Derm ark, 285. For the text of the resolution, see chapter XXVTI, section A, resolution 1983/56, Situation of human rights in Guatemala 286. In connection vnth the consideration of this matter, the Commission had before i t documents E/CI,4/1983/47, E/CN.4/l563/SGO/l8, L/CN.4/l983/NGO/l2f E/CK.4/l983/WGO/l3, D/CK.4/1983AGO/14, E/CJ.4/19S3/NGO/3OJ E/CH.4/l983/tTG0/38 and B/oif. 4/198 3AG0/55, 287. At the 52nd meeting, on 8 March 1983? the representative of the Netherlands introduced a draft resolution (E/CN.4/l983/ L *79/ Eev -l) sponsored "by Canada and the Netherlands. 288. At the same meeting, and prior to the vote on the draft resolution, the attention of the Commission was drawn to an estimate of the programme budget implications (E/CN.4/1983/L.86) _5/ of the draft resolution. 289. The representatives of Argentina and Uruguay made statements m explanation of vote before the vote. 290. The representative of Cuba introduced amendments (E/CU.4/19Q3/L.93), sponsored also by Nicaragua, to draft resolution E/CN,4/l985/T"79/Rev>l> withdrawing at the same time amendment ( a ) . The amendment was put to the vote by r o l l - c a l l , at the request of the representative of tlie Netherlands, and was adopted by 24 votes to 8, with 11 abstentions. The voting was as follows; In favour. Bulgaria, Canada^ Cuba, Finland, Prancef Gambia, Ghana, Ireland, I t a l y , Libyan Arab Jamahinya, Mexico, Mozambique, Netherlands, Nicaragua, Poland, Senegal, Togo, Uganda, ] - i r 1 > v -c Socialist Republic, "Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Yugoslavia, Zimbabwe. Argentina; Brazil, Colombia, Costa Rica, Germany, Federal Republic of, Pakistan, United States of America, Uruguay. Australia, Bangladesh, China, Cyprus, F i j i , India, Japan, Jordan, Philippines, Rwanda, Zaire. Against: Abstaining: 291. Separate votes were requested by Colombia on operative paragraphs J, 4 and 5 °£ draft resolution E/CN.4/l985A1'79/Rev'l and by Costa Ric^ on operative paragraph 1, The result of the voting was as follows; jj/ An estimate of the administrative and programme budget implications of the Commission's resolutions and decisions appears m annex TIL (a) (b) (c) (d) Operative paragraph 3 was adopted by 32 votes to 1, with 8 abstentions. Operative paragraph 4 was adopted by 32 votes to 1, with 8 abstentions. Operative paragraph 5 was adopted by 33 votes to 1, v i t h 7 abstentions. Operative paragraph 7 was adopted by 33 votes to 1, with 7 abstentions. 292. Draft resolution E/G1T.4/1983/L,79/BBV.1 as a whole was adopted by a r o l l - c a l l vobe, taken at the request of Uruguay, of 27 to , with 12 abstentions. The voting was as follows 1 In favour. Australia, Bulgaria, Canada, Cuba, Finland, 3?rances Gambia, Ghana, India, Ireland, I t a l y , Libyan Arab Jamahinya, Mexico, Mozambique Netherlands, Nicaragua, Poland, Rwanda, Senegal, Togo, Uganda, 1j) at its 33£d to 4°th (closed.) meetings. The Commission had before it confidential documents containing material referred to it under Economic and Sooial Council resolution I503 (XLVIIt) and observations thereon received from Governments, and a confidential report submitted to the Commission by the working group established by Commission decision 1982/103 of 5 March 1982. 305. Pursuant to paragraph 8 of Council resolution I503 (XLVTIl), the actions taken by the Commission during the consideration of the item m closed sessions wei"e confidential until suoh time as the Commission might decide to make recommendations to the Economic arid Social Council. 306. At its 40th (closed) meeting, the Commission adopted a general decision that a working group of five of its members should be established to meet for one week prior to the Commission's fortieth session, to examine situations referred to the Commission under Economic and Social Council resolution 1503 (XLVTIl) by the thirty-sixth session of the Sub-Gommission and those situations of which the Commission was seized. At that same meeting it was decided that the general decision should be made public. 307. For the text of the decision, see chapter XXVII, section B, decision 1983/110. 308. At the 58th meeting, on 11 Ilarch 1983, the Chairman announced that, m accordance with, rule 21 of the rales of procedure of the functional commissions of the Economic and Social Council, and after consultations with the regional groups, the following members of the Commission had been nominated to serve m their personal capacity on the working group on situations of violations of human rights: Mr, Francis Mahon Hayes (Ireland) Mx. Borislav Konstantmov (Bulgaria) Mr. E.P.E, Mtango (United Republic of Tanzania) Mrs. Sadako Ogata (Japan), The Chairman announced that the member from the latin American group would be designated m due course, upon completion of consultations. XI. QUESTION OF A CONVENTION ON THE RIGHTS OF THE CHILD 309. The Commission considered agenda item 1? at its 56th and 58th meetings, on 10 and 11 March 1983 open-ended working group on a (S/CH.4/1983/L.I and Add.l). 311. At the 56th meeting, on 10 March 1983, the representative of France made a statement 312. At the same meeting, th_ representative of Poland introduced a draft resolution (E/CN.4/I983/L.51) sponsored by Argentina, Australia, Bangladesh, Bulgaria, the Byelorussian Soviet Socialist Republic, JJ Canada, China, Cuba, Czechoslovakia, V Prance, Ghana, Iran (Islamic Republic o f ) , J_f Italy, th^. Libyan Arab Jamahiriya, the Netherlands, Mexico, Mozambique, Nicaragua, Peru, V the Philippines, Poland, the Syrian Arab Republic, JJ the Ukrainian Soviet Socialist Republic, tht Union of Soviet Socialist Republics, Yugoslavia and Zimbabwe. Bolivia, *j Colombia, India, Senegal and Togo joined thj sponsors. 313- The Commission's attention was drawn to an estimate of the programme budget implications (E/CN.4/1983/L 52) of the draft resolution. 1/ 314. The dr ft resolution was adopted without a vote, 31b- For the text of the resolution, see chapter XXVII, section A, resolution 1983/52. 316. At its 58th meeting, on 11 March 1983, the Commission took note of the report of the working group (E/CN.4/1983/L.1 and Add.l). 2/ In that connection, the representative of Australia expressed reservations with regard to the approach taken in the presentation of the report. ^J In accordance with rule 6$, paragraph 3i of the rules of procedure of the functional comnissions of the Economic and Social Council. 1/ An estimate of the administrative and programme budget implications of the Comnission's resolutions and decisions appears in annex III. 2/ To be reissued under the symbol E/CN .4/3983/62. - 72 ~ XII. MEASURES TO IMPROVE THE SITUATION AND ENSURE THE HUMAW BIGHTS AND DIGNITY OF ALL MIGRANT WORKERS 317· The Commission considered agenda ttan 14 at its 55 tl1 mooting, held on 9 March 1983* The itcn wis introduced by the Assistant Secretary-General, Centre for Human Rightb 318 The Connission had b_fore it the reports of the General Assembly s open-ended working group on the elaboration of an international convention on th._ protection of the rights of all migrant workers and their families (A/C.3/37/1, A/C.3/37/7 and Corr.l and 2 ) . 319* During the debate, speakers paid tribute to the Chairman of the General Assenbly open-ended working group and expressed their appreciation of the progress JO far nade by the working group. Reference vna made to the oconomc crises affecting various countries which had often worsen-d the bituafcion of migrant workers and members of their families. However, it was stressed that such economic crises should not b« used as a justification for mass expulsions of migrant workers nor turn then into refugees. In that connection, it was onphasized that the Commission should pay more attention to the present situation of migrant workers 320. At th<_ same noeting, the representative of Yugoslavia introduced 1 draft resolution (E/CN.4/1983/L.65), sponsored by Algeria, V Canada, Colonbia, Eg pt, V Finland, Prance, the Ganbia, Ghana, Greece, _V India, Italy, Mexico, Morroco, ^J Pakistan, the Philippines, Portugal, V Spain, __/ lurkoy V ind Yugoslavia. Thb draft resolution was adopted without a vots 321. For the text of the resolution, see chapter XXVII resolution 1983/45section A, JV In accordance with rule 69, paragraph 3, of the rules of procedure of the functional comnissions of the Economic and Social Council. XIII. HUMAN RIGHTS AND SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS 322. The Commission considered agenda item 15 at its 50th, 51st and 52nd meetings, on 7 and 8 March 1983. 323. The Comnission had before it the following documents: Preliminary report (E/CN.4/Sub.2/474) on guidelines and principles for the protection of persons detained on the grounds of mental ill-health or suffering from mental disorder, prepared by Mrs. Erica-Irene Daes, Rapporteur of the Sub-Conmission on Prevention of Discrimination and Protection of Minorities; Report (E/CN.4/Sub.2/1982/16) on guidelines, principles and guarantees for the protection of persons detained on grounds of nental ill-health or suffering fron mental disorder, prepared by Mrs. Erica-Irene Daes, Report (E/CN.4/Sub.2/1982/17) of the sessional Working Group on the question of persons detained on the grounds of mental ill-health established by the Sub-Commission at its thirty-fifth session, Written statement {E/CN.4/1983/NGO/D submtted by the International Association of Penal Law, a non-governnental organization in consultative status (category II); Written statement (E/CN.4/I983/NGO/I9) submitted by tho Women's International Democratic Federation, 1 non-governnental organization in consultative status (category I ) . 324. The Commission heard statements by the observers for the Byelorussian SSR, the Congo, the German Democratic Republic and Viet Mam (50th meeting). It also heard statements by the representatives of two non-governnental organizations in consultative status, Pax Romana and the World Council of Indigenous Peoples (51st meeting). 325- Most speakers referred to the Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind, adopted by the General Assembly in its resolution 3384 (XXX) of 10 November 1975, and stressed the necessity to implerient its provisions, in order to make full use of scientific and technological developments for the welfare of man and in the interests of strengthening irternational peace and security. Reference was also made to General Assembly resolutions 35/130, 36/56 and 37/189, in which the importance of implementing the provisions and principles contained m the Declaration m order to promote human rights is stressed. 326. Many speakers, while mentioning the valuable contribution that scientific and technological achievements could make to the realization of economic and social progress, expressed their deep concern that developments in science and technology could also bear a negative m p a c t on human rights and even, m the case of the arms race and in particular the nuclear arns race, pose a direct and global throat to tho very right to life. It was further stated that a huge amount of resources was devoted to military research and development, and that measures should bo taken to ensure that the results of scientific and - 74 - technological progress were used exclusively for peaceful purposes. It was recalled that, in its resolutions 38 (XXXVII) and 1982/4, the Commission had previously requested the Sub-Comnission to undertake a study on tho use of the achievements of scientific and technological progress to ensure the right to work and development, and the necessity to carry out such a study was once again stressed. 327. A number of representatives welcomed the study on guidelines, principles and guarantees for tho protection of persons detained on grounds of mental ill-health or suffering from mental disorder. Other aspects of the negative use that could be nado of progress in science and technology were also mentioned, such as threats to tho right to privacy of individuals. Tho study being prepared by Mrs, Nicole Questiaux on relevant guidelines in the field of computerized personal files was cited in that connection. 328. At the 54th meeting, on 9 March 1983, the representative of Yugoslavia introduced a draft resolution (E/CN .4/1983/L.75) sponsored by Japan and Yugoslavia and revised it orally by changing the word "forty-first" in operative paragraph 2 to "fortieth". The representative of Japan made a statement in relation to the draft resolution. The Commission adopted the draft resolution without a vote. 329. For the text of the resolution, see chapter XXVII, section A, resolution 1983/41. 330. At the same meeting, the observer for the Byelorussian SSR introduced a draft resolution (E/CN .4/1983/^.77) sponsored by Bulgaria and the Byelorussian Soviet Socialist Republic, y Czechoslovakia y joined the sponsors of the draft resolution.1 331. The Commission adopted the draft resolution by 32 votes to none, with 9 abstentions. 332. For the text of the resolution, see chapter XXVII, section A, resolution 1983/42. 333. At the same meeting, the representative of the USSR introduced a draft resolution (E/CN.4/I983/L.78) sponsored by Bulgaria, the Byelorussian Soviet Socialist Republic, V Cuba, Ethiopia, y the German Democratic Republic, y Ghana, Hungary, */ India, Mozambique, Nicaragua, Poland, tho Syrian Arab Republic, y the*"Ukrainian Soviet Socialist Republic, the Union of Soviet Socialist Republics, Viet Nam y and Zimbabwe. The Congo y joined the sponsors of the draft resolution. 334- The representative of Ireland orally proposed the addition to tho draft resolution of a new (thirteenth) preambular paragraph, which would read: y In accordance with rule 69, paragraph 3, of the rules of procedure of the functional commissions of the Economic and Social Council. - 75 - "Affirming the , Articular unturtauce of ensuring that everyone shall have the right to freedon of expression, peaceful assembly and freedom of association, and to take part in public affairs, in all matters relating to the right to life". This amendment was adopted by 27 voto3 to 9> uith 7 abstentions. 355* The representative of Ireland also proposed the addition of a new operative paragraph 4 to the draft resolution, to read as follows: "Urges all States to ensure that in matters relating to the right to life, everyone shall have the right to freedom of expression, peaceful assembly and freedom of association, and to take part in publio affairs", the subsequent operative paragraphs to be renumbered accordingly. 336. The amendment was adopted by 27 votes to 9, with 7 abstentions. 337. Statements relating to the draft resolution were made by the representatives of Bangladesh, Bulgaria, India, Poland, Senegal and the USSR. 338. A roll-call vote wos taken on draft resolution E/CN.4/1983/L.78 aa a whole. The draft resolution, a3 amended, was adopted by 32 votes to none, with 11 abstentions. The voting was as follows: In favour: Argentina, Bangladesh, Brazil, Bulgaria, China, Colombia, Costa Rica, Cuba, Cyprus, Fiji, Gambia, Ghana, India, Ireland, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragua, Pakistan, Poland, Rwanda, Senegal, Togo, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Uruguay, Yugoslavia, Zaire, Zimbabwe. None. Australia, Canada, Finland, France, Germany, Federal Republic of, Italy, Japan, Netherlands, Philippines, United Kingdom of Great Britain and Northern Ireland, United States of America. 339* Statements in explanation of vote after the vote wore made by the representatives of China, Finland and the United States of America. 340. For the text of the resolution, see chapter XXVII, section A, resolution 1983/43. 341 - At the same meeting the Commission considered draft resolution IX proposed by the Sub-Commission for adoption by the Commission, contained in the report of the Sub-Commission (E/CN.4/1983/4, chap, I, sect. A ) . At the same meeting, and prior to the vote on the draft resolution, the attention of the Commission was drawn to an estimate of the programme budget implications (E/OJ.4/1983/L.56). y 342. The representative of the United Kingdom proposed that the fourth preambular paragraph of draft resolution IX should be replaced by the following; "Expressing its deep appreciation to the Special Rapporteur*, Mrs. Erica-Irene A. Daes, for her work in preparing her report including the draft body of principles, guidelines and guarantees". 343* The representative of the United Kingdom also proposed that the second preambular paragraph of the draft resolution recommended in drnft resolution IX for adoption by the Economic and Sociil Council should be replaced by the following paragraphs: "Expressing its deep appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes, for her work in preparing her report, 'Moting also with appreciation the report of the sessional working group on the question of persons detained on the grounds of mental ill-health". 344· An explanation of vote before the vote was made by the representative of Bangladesh. 345* The amendments proposed by the United Kingdom were adopted without a vote. 346. Draft resolution IX recommended by the Sub-Commission was adopted without a vote. 347. For the text of the resolution, see chapter XXVII, section A, resolution 1983/44. 348. The representative of the United States of America made a statement after the adoption of the resolution. 1/ An estimate of the administrative and programme budget implications of the Comnission's resolutions and decisions appears in annex III. - 77 - XIV. IMPLEMENTATION OF THE INTERNATIONAL CONVENTION ON THE SUPPRESSION AND PUNISHMENT OF THE CRIME OF APARTHEID an 549- The Commission considered agenda item 16 together with items 6, 7 (see chaps. IV, V and XVI) at its 11th tu 16th meetings, held from 8 to 10 February 1983 and it its 28th meeting, on 18 February 1983. & 18 350* In accordance with article IX of the International Convention on the Suppression and Punishment of the Crime of Apartheid and General Assembly resolution 31/80 of 13 December 1976, the Chairman of the Conmission on Hunan Rights at its thirty-eighth session appointed a group of three menbers of the Commission, consisting of the representatives of Bulgaria, Mexico and Zaire., who wer*. also representatives of States parties t the Convention, to consider reports submitted by States parties in accordance with article VII of the Convention. 351. By its resolution 1982/10 of 25 February 1982, the Commission decided, inter alia, that the group appointed in accordance with article IX of the Convention should meet for a period of no more than five days before the thirty-ninth session of the Commission to consider the reports submitted by States parties in accordance with article VII of the Convention. The Group held its sixth (I983) session from 24 to 28 January 1983. It considered reports submitted by 12 States parties to the Convention and submitted a report on its activities to the Commission at its thirty-ninth session together with conclusions and recomnendations basel on its consideration of reports submitted by States parties. 352. The Commission had before it, at its thirty-ninth session, the report and recommendations of the Gr up to the Commission (E/CN.4/1983/25) and 1 note by the Secretary-General (E/CN.4/1983/24) concerning the status of the Convention and of the submission of reports by States parties under article VII of the Convention. Reports transmitted t " > the Secretary-General by the following 13 States parties to the Convention were made available to the Commission Cuba (E/CN.4/1983/24/Add.1), Ecuador (E/CN.4/1983/24/Add.2), Cape Verde (E/CN.4/1983/24/Add.3), St. Vincent and the Grenadines (E/CN.4/1983/24/Add.4), Czechoslovakia (E/CN.4/1983/24/Add.5), India (E/CN.4/1983/24/Add.6), Yugoslavia (E/CN.4/1983/24/Add.7), Bulgaria (E/CN.4/1983/24/Add.8), Poland (E/CN.4/1983/24/Add.9), Iraq (E/CN.4/l983/24/Add.lO), the Ukrainian SSR (E/CN.4/19^5/24/J'eld.11), Peru (E/CN.4/1983/24/Add.l2) and the Byelorussian SSR (E/CN-4/1983/24/Add.l3). The Commission als^ had before it the report prepared by the Ad H30 Working Group of Experts on southern Africa (E/CN.4/1983/10) under Commissicn resolution 5 (XXXVII), which included infomation concerning persons suspected ^f having bev-n guilty m Namibia of the crime of apartheid r of a serious violation of human rights. 353- At the 11th meeting of the Commission, Mr. Annan Arkym Cato (Ghana), Chairman-Rapporteur of the AJ Hoc Working Group of Experts, introduced the report 3f that Group. At the same meeting Mr. Lisembe Elebe (Zaire), Chairman-Rapporteur of the Group consisting of three members of the Commission, established under article IX of the Convention, introduced the report of the Group on its sixth s e s s n n 354- During the ensuing discussion, several speakers referred to the Convention as an inportant international means in the struggle against apartheid. Most representatives re retted the fact that only 69 States were so far parties to the Convention and that Western countries, especially those whuse role was particularly important for tha developments in southern Afrioa, had not yet adhered to it. They stressed ones again that universal adherence to tne Convention as well as implementation of its provisions would areatly contribute to the elimination of pparthoid, especially in view of the woraeninj; conditions in southern Africa. In that connection, the hope was axpre^eed that \.he thirty-ninth session of the Comraiiislon would enhance adherence to the Convention. A speaker addressed a special appeal to the members of the Security Council which were not parties to ths Convention to aaher-o to it as soon as possible. 355- Soiae fs'spraae'ntatives referred to the difficulties which in th^ir viow prevented th-sir countries from becoming parties to the Convention, A representative stated, in that connection, that his Government coula not aub3orib«-; to the* Convention oocause the definition of tne crime of apartheid was, in his Government's view, too va;;ue and thus aid not conform to the juridical principle according to which crimes should bd dafined with precision. Another representative announced the decision of ni& Government to accede to the Convention. 356 · Some members referred in detail to the measuros taken by their Governments to implement the provisions of the Convention. With rraspsct to the interim ytudy of the Ad Hoc Uorking Group of Experts concerning the possibility of ·nstaDlishin;j an international penal tribunal, a feu members spoke in favour of thy establishment of auch a tribunal vrhich would be competent to try parsons responsible for the crime of aparthaid. It was pointed out, however, that, pending the satablishment of suoh a tribunal, those guilty of tha crim** of apartheid should be prosecuted in accordance uith the Convention and the principles of international law. Sef^rrir^ to ths list of persons deemed responsible for the crime of apartheid establishad by the Ad Hoc Working Group of Experta, a speaker sugcastsd that that list should be circulated to States parties for appropriate action. 357· Referring to the report of the Group consisting of three members of the Commission (E/Cw.4/1983/25), many speakers praised the Group for promoting implementation of thy Convention and axpreased thair full support for its conclusions and recommendations. J58. At tha 28th meeting on 18 February 1983, the representative of Zaire introduced a draft resolution (E/CM.4/1933/L.22) sponsored by Bulgaria, the Congo, V Coses, Rica, Cuba, E^ypt, J j j 7 Ghana, Madagascar, V Mexico, Nicaragua, Poland, Senegal, Ukrainian Sovist Socialist Republic, United Republic of Tanzania, Yugoslavia, Zaire and Zimbabwe. The Gambia, India, tha Syrian Arab Republic ^/ and Viet item V joined tha sponsors of the draft resolution. A roll-call vote was i-equested on the draft resolution. 359. At the same meeting, the Commission adopted the draft resolution by 31 votas to 1, wiui LO abstentions. The voting was as follows; ^J In accordance uith rule 69, parat,i'aph 3 ( of the rul&a of procedure of . functional commissions of thf Economic and Social Council. · 79 - Argentina, Bangladesh, Brazil, Bulgaria, China, Colombia, Costa Rica, Cuba, Cyprus, Fiji, Gambia, Ghana, India, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Nicaragua, Pakistan, Philippines, Poland, Rwanda, Senegal, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Tanzania, Uruguay, Yugoslavia, Zaire, Zimbabwe. United States of America. Australia, Canada, Finland, France, Germany, Federal Republic of, Ireland, Italy, Japan, Netherlands, United Kingdom of Great Britain and Mcrthern Ireland. 360. For the text of the resolution, see chapter XXVII, section A, resolution 1983/12. 361. At the sime meeting, the representative of Brazil made 1 statement in explanation of vote after the vote. 362. At the 58th meeting, on 11 March 1983, the Chairman announced that the group consisting of threu menbers of the Commission who wore also representatives of States parties to the Convention, appointed in accordance with article IX of the Convention to consider reports submitted by States parties under article VII, was composod ~\B follows: Bulgaria, Mexico and Zaire. 363. For the text of the decision, see chaptt-r XXVII, section B, decision 1983/lH. XV. THE ROLE OF YOUTH IN THE PROMOTION AMD PBOlktriON OF HUMAN RIGHTS, INCLUDING THE QUESTION OF COrfSCIENllOUS OBJECTION TO MILITARY SERVICE 364. The Commission considered agenda item 17 at its M t h meeting, on 3 Mar en 1983. 365. The Commission had before it the following documents a report of the Secretary General on the implementation of the programme of measures and activities in connection with International Youth Year (E/CN 4/1983/26), and a preliminary report on the question of conscientious objection to nilitary s rvic (F/CN.4/Sub.2/1982/24) prepared by Mr. Mubanga-Chipoya and Mr. Eid and submitted to the Sub-Commission on Prevention of Discrimination ind Protection of "lanontits it its thirty-fifth session. 366. The iten was introduced by the Assistant Secretary-G.-nv.r1l3 Centre for Human Rights. 36 f Thk, observer for the Byelorussian SSR introduced a drift resolution (E/Clf .4/1983/L..76) sponsored by Bulgaria and the Byelorussian Soviet Socialist Republic \/ and revised it orally so that the word forti th! in thi first line of operative paragraph 4 H a 3 changed to "forty-first . Czechoslovakia ^J joined the sponsors of the draft resolution. 368. A statement relating to the draft resolution wis nadi- by the represent"tive of th^ World Association for the School as an Instrument f P e a c , a non governmental orgimzatioi in consultative stitus (category I I ) . 369. Draft resolution E/CN.4/1983/L.76 was adopted without 1 voto. 370. A statement was made by the representative of the Federal Republic of Gerrnny aft^r the adoption of th^ resolution. 3fl. For the t^xt of the resolution, see chapter XXVII, s^.cti n A, resolution 1983/^6. ^J In accordance with rule 69, paragraph 3> of the rul^.3 of procedure of the functional coranissions of the Econonic and Social Council. XVI. STUDY IK COI LABORATION WITH THE CUB-COMMISSION OH PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES OF WAYS AND MEANS OF ENSURING THE IMPLEMENTATION OF UNITED NATIONS RESOLUTIONS BEARING OW APARTHEID, RACISM AMD RACIAL DISCRIMINATION, IMPLEMENTATION OF THE PROGRAMME FOR THE DECADE FOR ACTION TO COMBAT RACISM AND RACIAL DISCRIMINATION 372. The Commission considered agenda item 18 together with items 6, 7 and 16 (.u chaps. IV, V and XIV) at its 11th tc l6th meetings, fron 8 to 10 February 1983, and at its 28th n e c t m g , on 18 February 1983. 373. Th Assistant Secretary-General, Centre, for Hunan Rights, introduced the 3.ten at th.. 11th mooting. 3/'4- The Conraission had beforo it the report of the Sub-Ccnnission on Prevention of Diacriinnation and Prot c t u n of Minorities on its thirty-fifth session (E/CN.4/1983/4), th^ annual reports on racial discrmmation submtted by the International Labour Organisation (E/CN.4/1983/27) and the United Nations Educational, Scientific ind Cultural Organization CE/CN.4/1983/28) prepared in accordance with Economc and Social Council resolution 1588 (L) of 21 May 1973. and General Assenbly resolution 2785 (XXVI) of 6 Decenber 1971, and the study entitled "Discriminatory treatnent of nenbers of racial, ethnic, religious or linguistic groups at the various levels in the administration of criniml justice, such as police, nilitary, administrative and judicial investigations, arrest, detention) trial and execution of sentences, including the ideologies or beliefs which contribute or lead to racisn in the adnimstration of crininal justice" (E/CN.4/Sub.2/1982/7). 375- Th° Connission heard stataients by the observers for the following States: Afghanistan, Algeria (l6th meeting), Byelorussian SSR, Congo (14th riveting), Czechoslovakia, Egypt, Ethiopia (l6th rti.tint?), Gernan Denocratic Republic (13th necting), H u m r y , Madagascar, Morocco (l6th meeting), Peru (13th neetin^); Sonalia (l6th ncctint, Syrian Arab Republic (13th ne-tinr), and Viet Nan (16th riveting). It also heard statenonts by the representative of UNESCO (14th neeting) and by representatives of the League of Arab States, the Organization of African Unity (12th neetmg) , the Pan Africimst Congress of uzania (13th neeting), and the Palestine Liberation Organization (14th n c e t m g ) . 376. The Coraniosion ->lso heard statenents by the representatives of the International Confederation of Free Trade Uni ins (l6th nesting), a non-governnentil organization in consultative status (cate ory I ) , and by the representatives of the International Connis3ion of Jurists, the International Organization for the Elimination of All Forms of Racial Discrmmation (12th meeting), the Afro-Asian Peoples' Solidarity Organization (13th neetin^), Amnesty International (14th neetin^), the Baha'i International Conmunity and the International Inaian Treaty Council (l6tn meetin,), nongovernmental organizations in consultative statuo (cateLory I I ) . 377- Referrin to the efforts of the international conmunity to combat all forns of racial discrminatijn, a nunber of speakers cited activities undertaken within the context of the DecaJe for Acti :n to Conbat Racisn and Racial Discrimination. Many speakers stressed the importance of the mplenentation by all States of the pr >visions of the Pro^ranmo £'of the DecaJe, particularly its calls for int r m t i nal isolation and a boycott of the South African racist regime, and criticized th^se who wore collaborating with thw racists. They underlined fch^ rol^- of United KFatiuns organs, such as the Ccnraittoo on the Elimination uf Racial Discrimination, and specialized agenci^a, such as UNESCO and ILO. They noted, however, that racism and racial discrimination continued f> exist in rainy forms, such s prejudicial treatment vf migrant workers and indigenous populations. I f c wis said that the practices of the apartheid rogink. in S^uth Africa andti-araibiaand the denial cf the right of pioples to st.lf~ determinati n ws.ro fche most abhorrent forms of racism and racial discrisfiimti ">n. 378. Uhile c^nd,raning apartheid, many speakers stated that racial discrimination harmed its practitioners ns well as its victims, aggravated tensions rt the nati >nal level and threatened poace and security at the regional and international levels. They attributed the persistence -f racism and racial discrimination t ^ . social, cultural, economic and political f a c e r s . They emphasized tho importance of concerted and continuous action t^ eliminate the rcjt causes and the synptoms of racism. 579- Reviewing measures taken or contemplated to combat racism and racial discrimination, many speakers underlined tho importance jf acceding to ?r ratifying the Intermtijnal Convention on the Elimination jf All F_rnis cf Racial Discrimination, the International Convention on the Suppr^ssica and Punishment of the Crime of Apartheid and the International Covenants ^n Hunan Rights. Sevural speakers welcomed the entry into force of the optional article 14 of tho International Convention on the Elimination of All Forms of Rocial Discrimination on the right of individuals or groups of individuals to petition the Committee on the Elimination of Racial Discrimination on alleged violations of rights set forth in the said Convention. Some speakers referred to nati^naX actions to transform legal equality into real social, economic and political equality. Thay also referred to assistance given to victims of discrimination. social order and a new international economic role if information, education and tho media. 381. All speakers welcomed the convening of the Second World Conference to Combat Racism and Racial Discrimination to be held at Geneva from 1 to 12 August 1983. They expressed the hope that th« Conference would further the goals of the Decade. Suma delegations stated that the Conference should conduct its work in the spirit of consensus which had prevailed in the adoption of General Assembly resolutions 3057 (XXVIII) and 37/41. Sjvoral speakers criticized the unwillingness of certain countries to participate in the preparatory work for the Conference. 382. It was said that the Conference should evaluate the situation in regard to combating racial discrimination in the world and set goals and measures for futur action. It was also suggested that States should find a common ^r^und to effectively combat racism and racial discrimination at the national and international levels. In that connection, speakers stated that the Conference should benefit from reports of seninars and studies conducted wichin the context of the Decaao, such ss the study on discriminatory tre^tmont jf mambers of racial, ethnic, religious or linguistic groups in the administration of criminal justice and factors leading to it (E/CN.4/Sub.2/1982/7). Several speakers hoped that the Conference would make a significant step toward tho full implementation of United Nations resolutions on racism, racial discrimination and apartheid. One speaker suggested that a Second Decade for Action to Combnt Racism and Racial Discrimination was needed to follow up the first Decade. "Roque3ts the Economic and Social Council's Preparatory Sub-Committoo of thu Second World Conference to consider recommending to the Conference the inclusion in the programme of activities to be undertaken at tho end of the Decade of a study of ways and r.ican3 to ensure the full and universal implementation of United Nations resolutions and decisions on racism, racial discrimination and apartheid". 384. At the sam.^ mooting draft resolution E/CN.4/1983/L.23 was put to a vote. The representative of the United States of Anerica stated that he would not participate in tho vote. 385. At the request of the representative of Cuba, a voto by roll-call was taken. Tht. draft resolution was adopted by 41 votes to none. The voting was as follows: In favour: Argentina, Australia, Bangladesh, Brazil, Bulgaria, Canada, China, Colombia, Costa Hica, Cuba, Cyprus, Fiji, Finland, France, Gambia, Germany, Federal Republic of, Ghana, India, Ireland, Italy, Japan, Jordan, Libyan Arab Jamahiriya, Mexico, Mozambique, Netherlands, Nicaragua, Pakistan, Philippines, Poland, Rwanda, Senegal, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Yugoslavia, Zaire and Zimbabwe. None, Against: 386. For the text of the resolution, see chapter XXVII, section A, resolution 1983/13. 387. In explanation of vote after the vote, the following delegations made statements: Brazil, United Kingdom, France and Federal Republic of Germany. ^J In accordance with rule 69, paragraph 3) of the rules of procedure of the functional commisaion3 of the Economic and Social Council. - 34 - ^YTI S"1 niS Ilk T1J i I LOKAI POVEHAM'S O NH U M A N RIGHTS 388. Tie C emission considered agenda item 19 together with item 8 (see chap. Vl) at i t s 17th to 20 h meetings, held on 11 and 14 February 1963, and a t i t s 31st meeting, held on 22 February I983. 389. In i t s resolution 1982/18 of 9 Maxch 1982, the Commission had requested the Secretary-General to submit to i t a t i t s t h i r t y - n i n t h session a report on the statue of the I n t e r n a t i o n a l Covenant on Economic, Social and Cultural Eights, the I n t e r n a t i o n a l Covenant on Civil and P o l i t i c a l Eights and the Optional Protocol to the I n t e r n a t i o n a l Covenant on Civil and P o l i t i c a l Rights, and to include in t h a t report information on the work of the Economic and Social Council and i t s Working Group on the implementation of the International Covenant on Economic, Social and Cultural Rights. The Commission had before i t tire report of the Secretary-General (E/CN.4/1983/29) prepared i n response to that request- Moreover, the Secretary-General, in compliance with General Assembly resolution 37/191 of 18 Decembor 1982, made available to the members of the Commission copies of the l a s t annual report of the Human Rights Committee 1 / established under the I n t e r n a t i o n a l Covenant on Givil and P o l i t i c a l Rights. 390. By General Assembly resolution 37/192 of 18 December 1382 the Commission had been requested to consider the idea of elaborating d draft of a second optional protocol to the International Covenant on Civil and P o l i t i c a l Rights, aiming a t the abolition of the death penalty, a t i t s t h i r t y - n i n t h and f o r t i e t h sessions and to submit a report to the General Assembly at i t s t h i r t y - n i n t h session. The Commission had before i t the text of the proposal i n i t i a t e d a t the t h i r t y - f i f t h session of the General Assembly on 1980 by the Federal Republic of Germany together with Austria, Costa Rica, the Domimoar we Republic, I t a l y , Portugal and Sweden, contained m document A/C.3/35/^* 15t -L as the reports prepared by the Secretary-General (A/36/441 and Add.l and 2 a^c A/37/407 and Add.l) m the l i g h t of comments received from Governments. 591 · ^h e representatives who spoke on the item expressed t h e i r appreciation ol the fact t h a t several States had r a t i f i e d or acceded to both Covenants and to t e Optional Protocol since the t h i r t y - e i g h t h session of the Commission and hoped t t t h i s trend would lead to a more universal acceptance of the Covenants and to further protection and promotion of human r i g h t s and fundamental freedoms throughout the world. However, some speakers regretted the fact that more than half of the States Members of the United Nations had not yet acceded to the Covenants, including a number of States which often declared t h e i r strong commitment to the cause of human r i g h t s , and t h a t over four f i f t h s of the United Nations membership s t i l l h e s i t a t e d to r a t i f y the Optional Protocol. According to some r e p r e s e n t a t i v e s , the effectiveness of the Covenants required not only universal adherence to them but also the implementation of t h e i r provisions and the withdrawal of reservations attached to them by some States p a r t i e s , for instance with regard to a r t i c l e 1 of both Covenants concerning the r i g h t of a l l peoples to self-determination. 1/ Official Records of the General Assembly, Thirty-seventh Session,, Supplement Hb/40 (A/37/40). " ~~ 392. The speakers commended the serious and constructive manner in which the liumpn Rights Committee conducted its work, the tradition of independence and close co-operation that had been established among itb members as well as the fruitful dialogue uhich the Committee had developed with States parties to the Covenant, as reflected m its comprehensive annual report. Some members pointed out that the Committee still experienced certain difficulties with the reporting obligations of States parties, particularly with long delays m the submission of initial reports, insufficiency of content or non-compliance with the guidelines and the lack of effective dialogue between States' representatives and the Committee, It was pointed out that m their reports States parties should refer not only to their constitutions, basic laws or substantive provisions but also to how effectively m practice human rights were protected and promoted. 393- Several representatives emphasised that there was a clear need to create the conditions for holding meetings of the Committee elsewhere than in New York or Geneva, for instance in the developing countries, where there was a crying need for people to be acquainted with ihe mechanisms for human rights protection. A strong plea was made for the widest possible publicity to be given to the Human Eights Committee's activities, and for more co-ordination and co-operation between the various organs, procedures and expert bodies dealing with human rights. 394» Many delegations devoted their statements to the implementation of the International Covenant on Economic, Social and Cultural Eights. It was noted that the revised arrangements provided for m Economic and Social Council resolution 1982/53 of 6 May 1982 held out potential for real improvement m the international monitoring and for the implementation by States parties of their obligations under that Covenant. The machinery was in place but its effectiveness depended on how seriously States approached their own responsibilities in that ^onneotionD It was important not only that States should send experts to present their xeports but also that persons with an extensive human rights, and preferably a legal, background should be nominated for election to membership of the Sessional Working Group of Governmental Experts established under the Council resolution, 395. Some speakers expressed their grave concern over the fact that the death penalty still existed m many countries and, not infrequently, provided a pretext for summary or arbitrary executions. Several representatives felt that the m a m objective to be pursued m the field of capital punishment was to progressively restrict the number of offences for which the death penalty might be imposed. 396. A number of representatives supported the idea of elaborating a second optional protocol to the International Covenant on Civil and Political Eights to which those countries that wished to make an open commitment to abolish capital punishment or not to reintroduce it could accede. Some speakers stressed that adoption of the new optional protocol should m no way serve as a pretext to consider observance of article 6 of the Covenant as optional. 397. Some speakers considered that the question of capital punishment was highly controversial m view of the great variety of legal systems, socio-economic conditions and cultural traditions m the world and required, therefore, the most careful consideration. 599. At the Jlst meeting, on 22 ieb-mary 1983, the representative of Finland introduced a draft resolution (E/CN.4/1983/L.27) sponsored by Canada, Costa fteoa, Cyprus, Finland, the Netherlands, Nicaragua, Peru, */ Senegal and the United Kingdom of Great Britain and Northern Ireland, Colombia joined the sponsors of the draft resolution. The observer for Belgium made a statement relating to the draft resolution* 399. At the same meeting, the draft resolution was adopted without a vote. 400. Kie representatives 01 the USSR and Bulgaria made statements Rfter the adoption of the draft resolution. 401. For the text of the resolution, see chapter XXVII, section A, resolution 1983/17. #/ In accordance with rule 69, paragraph 5, of the rules of procedure of the functional commissions of the Economic and Social Council, - 87 · XTIIT. EXTORT 01 THE SUB-COMMISSION O N PREVENTION OF DISCRIMINATION A H D PROTECTION OF MUTORIIIES O N IT? THIRTY-FIFTH SESSION 402. The Commission considered agpnda item 20 a t i t s 25th to 28th meetings, on 17 and 18 February 198% and a t i t s 48th meeting, on 4 March 1983. 403. The Commission had before i t : the r e p o r t of the Sub-Commission on Prevention of Discrimination and P r o t e c t i o n of M i n o r i t i e s on i t s t h i r t y - f i f t h session (E/Qff.4/1983/4), the r e p o r t of the Special Rapporteur, ML. Benjamin Whitaker, e n t i t l e d "Updating of the Report on Slavery submitted to the Sub-Cammi&sion m 1966" m accordance with Sub-Commission r e s o l u t i o n iS^s/y (E/0K.4/Sab.2/1982/20 and A d d . l ) , a note by the Special Rapporteur, Mr, Abdelwahab Bouhdiba, e n t i t l e d "Concrete programme of a c t i o n to combat v i o l a t i o n s of human r i g h t s through the e x p l o i t a t i o n of child labour" submitted i n ac ordance with Sub-Commission r e s o l u t i o n 1982/33 (E/CN.4/Sub.2/1982/29). 404. The item was introduced by the A s s i s t a n t Secretary-General, Centre for Human R i g h t s . 405. At i t s 28th meeting on 18 February 1983, the Commission heara statements by observers from A u s t r i a , German Democratic Republic, Syrian Arab Republic and Turkey. 406. The following non-governmental o r g a n i z a t i o n s also made s t a t e m e n t s : AfroAsian Peoples' S o l i d a r i t y Organization, Baha'i I n t e r n a t i o n a l Community, I n t e r n a t i o n a l Federation for Human E i g h t s , I n t e r n a t i o n a l Indian Treaty Council, I n t e r n a t i o n a l Movement for F r d t e r n a l Union Among Races and Peoples (category II)% InJ an law Resource Centre ( R o s t e r ) . 407. I n the course of the debate, many speakers paid t r i b u t e to the important and u s e f a l r o l e played by the Sub-Commission, as a body of members elected m an independent and expert c a p a c i t y , i n promoting and ei Louraging r e s p e c t for human r i g h t b and fundamental freedoms. They welcomed "Hie i n c r e a s i n g p r i o r i t y being given by the Commission to d i s c u s s i o n of the Sub-Commission's r e p o r t , 408. Most speakers g e n e r a l l y emphasized t h a t the a c t i v i t i e s of the Sub-Commission must complement and supplement those of the Commission. I n t h a t connection, r e f e r r i n g to the r o l e and n a t u r e of the Sub-Commission, many speakers emphasized t h a t the Sub-Commission was a s u b s i d i a r y body of the Commission and the idea t h a t i t might become a p a r a l l e l body to the Commission or could r e p o r t d i r e c t l y to the Economic and Social Council could not be supported. Reference was also made to t h e need for co-ordination between the Commission and the Sub-Commission. 409. Referring to the procedure dealing with communications under Economic and S o c u l Council r e s o l u t i o n 1^03 (XLVIIl), some delegations observed t h a t the Sub-Commission should abide by the decisions of the Commission m order to avoid any v i o l a t i o n of the c o n f i d e n t i a l n a t u r e of the procedure. 410. Concern was expressed by a number of delegations about what they described as a growing tendency of the Sub-Commission to exceed i t s mandate. I t was pointed out bhat the Sub-Commission had not always f u l f i l l e d s p e c i f i c tasks entrusted to i t by t h e Commission. These speakers also s t r e s s e d t h a t the Sub-Commission should confine i t s e l f to the tasks assigned to i t by the Gommistuo/, OUej. bjje io=-3 with approval that the Sub-Commassion's di.= cu<3sioi M enooiupabbM a \~iftp x.ciua& :u human rights issues. 411. Different views wexe expressed about the t i t l e of the Sub Commission. Some delegations suppoxted changaig the rame of that body m a way which would reflect more accurately the range of i t s activity et>, whilst others stresses that i t s present t i t l e reflected the specialized natuxe oi the tasks entrusted to the Sub--Commission, 412. Many speakers, referred to the auestion oi the designation of alternates for replacing absent membexs of the Sub Comuissim, expressing re&ervations about the practice of appointing alterrates and, m that connection, particularly about the designation of members of permanent missions as alternates. In their view, m order to maintain the independent and expert character of the Sub-Commission, i t was essential for the alternates to possess the same qualities of independence and expertise as the elected members. Other speakers noted that the replacement of alternates was directly provided for m rule 15 of bhe rules of procedure of the functional commissions of the Economic and Social Council and i t was inappropriate to change those rules for the Sub-Commission, which was only one of eeveial subsidiary organs of functional commissions of the Fconomio and Social Council. 413. Befemng to Sub-Commission decision 1982/12, some speakers stressed the importance of the participation of government observers in the debates of the Sub-Commission on matters of concern to them. Others observed that, given that the Sufa-Commission was a body of independent experts, and that there were a variety of other forums in. whioh Governments particularly had many opportunities to make their views known, discretion should be exercised both by observers and by the Sub-Commission to snsure that statements by observers remained within reasonable limits. 415. At the 48th meeting, Kingdom introduced a draft Colombia, Costa Rica, F i j i , Great Britain and Northern resolution, on 4 March 1983, the representative of the United resolution (E/CN.4/1983/11,34) sponsoied by Australia Gambia, India, Mexico and the United Kingdom of Ireland. Senegal joined the sponsors of the draft 416O The representatives of Bangladesh, Brazil, Bulgaria, Canada, Cuba, Jordan, Mexico, Poland, Senegal and the United Kingdom made statements relating to t i e draft resolution. 417. At the same meeting, the representative of the Soviet Union introduced an amendment to draft resolution E/OTo4/l983Ai«34 contained m document 1E/CM',4/l983/L.67, to which the representatives of Mexico and Cuba proposed oral amendments. By the Cuban amendment, which was accepted by the USfaE, the josal in document E/CN.4/1985/L.67 was reformulated to read as follows: Members of the Sub-Commission are called upon under exceptional circumstances to designate alternates other than those that were elected". 418. The representative of Mexico subsequently withdrew lixs amendment. 419« The amended proposal in document E/CM',4/l985/L.67 was put to a vote and was rejected by 22 votes to 12, with 8 abstentions. 420. At the request of the representative of the United Republic of Tanzania, a separate vote was taken on subparagraph (c) of document L/CTT.4/1983/1^34. Subparagraph (c) was adopted by 25 votes to 8, with 11 abstentions. 421. A separate vote was then requested by the representative of Bulgaria on the words "notwithstanding rule 15, paragraph 2, of the rules of procedure of the functional commissions of the Economic and Social Council" in t * vj jia agra^r cf h reit f p ^ j.t r, ~hj i i n & C 9 & to t" \ i , n Commission decided to retain i * ^a-agra^r at- = · *lio c 422. The Commission then voted by roll-call on draft resolution E/CIT.4/1983/L.34 as a whole. The draft resolution was adopted by 5^ votes to }), with 7 abstentions* The voting was as follows: In favour: Australia, Brazil, Canada, Colombia, Costa Eica, Cyprus, Fiji, Finland, France, Gambia, Germany, Federal Republic of, Ghana, India, Ireland, Italy, Japan, Jordan, Mexico, Netherlands, Philippines, Rwanda, Senegal, Togo, Uganda, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Yugoslavia, Zaire, Zimbabwe, Bulgaria, Cuba, Poland, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, Agaajast; A*ffi.'t'.a.^£^n£{ Argentina, Bangladesh, China, Libyan Arab Jamahiriya, Mozambique, Nicaragua, Pakistan. 423* For the text of the resolution, see chapter XXVII, seotion A, resolution 1983/21. 424* The representatives of Brazil and Canada made statements in explanation of vote before the vote and the representative of Bulgaria and the USSR made statements in explanation of vote after the vote on draft resolution E/CH.4/l°-83/l>.34. 425. At the same meeting, the representative of Bangladesh introduced a draft resolution (E/CN.4/1985/L.67), which was adopted without a vote. 426. For the text of the resolution, see chapter XXVII, seotion A, resolution 1985/22. 427. The draft resolution contained in document E/CN.4/l983A>.35/Rev.l, the amendment thereto contained in document E/c&.4/l983/L,56 and the draft resolution contained in document E/CN.4/l983Ai>42 were withdrawn. 428. An amendment (E/OTT. 4/196 5/L.82) submitted by Brazil and Uruguay to draft resolution E/OH.4/l983/L.35/Rev.l was adopted without a vote as a separate decision. 429. For the text of the decision, see chapter XXVII, section B, decision 1983/1O4- 430. At the same meeting, the repxesentabrve of the Netherlands introduced a draft resolution (£/OT.4/l983/l'»43/Ete1v.l) spon&ored by Australia, Canada, Denmark, j j / Finland, the Netherlands, Norway ^J and Sweden. ^J Colombia and Peru ^J joined the sponsors of the dxaft resolution, which was adopted, with the insertion, of the word "voluntary" before the word "fund" in the l a s t preambular h, without a vote. 431. For the text of the resolution, see chapter XXVII, t e c h on A, resolution 1983/23. 4J2. The representative of Brazil made a statement after the adoption of the resolution. 433. At the same meeting, the Commission considered a dxaft resolution proposed by the Sub-Commission for adoption by the Commission, contained in the report of the Sub-Commission (E/ClT.4/1983/4, ohap. I , sect. A, draft resolution I ) . Statements relating to this draft resolution were made by the representatives of Bangladesh, Pakistan, the United States of America and Yugoslavia. The attention of the Commission was drawn b o the estimate of the administrative and programme budget implications (E/OT.4/1983/L.57) 1/ o f the draft resolution. 434« The draft resolution was adopted without a vote. 435. For the text of the resolution, see chapter XXVII, section A, resolution 1983/24. 436, After the adoption of the resolution, statements were made by the representatives of Biazil, Canada and France. 437» At the same meeting, the Commission considered draft resolution I I I , proposed for adoption by the Commission, contained in the report of the Sub-Commission (E/GIf.4/1983/4, chap, I , sect. A). 438. At the same meeting, the draft resolution was adopted without a vote. 439. For "the text of the resolution, see chapter XXVII, section A, resolution 1983/25. 440. At the same meeting, the Commission considered draft resolution VI, proposed for adoption by the Commission, contained in the report of the Sub-Commission ( E / C T . 4 / 1 9 3 3 / 4 , chap. I , sect. A). * / In accordance with rule 69, paragraph 3* of the rules of procedure of the functional commissions of the Economic and Social Council, l / An estimate of the administrative and programme budget implications of the Commission's resolutions and decisions appears xn. annex I I I , 44L On the proposal of the representative of Yugoslavia, the Commission decid without a vote to postpone consideration of draft resolution VI, 442. 'Wax the text of the decision, see chapter XXVII, section B, decision 443« At the same meeting, the Commission considered draft resolutxon X, proposed foi adoption by the Commission, contained in the report of the Sub-Commission (F/OT.4/1983/4, chap. I, sect. A). 444. At the same meeting, the draft resolution was adopted without a vote. 445. For the text of the resolution, see chapter XXVII, section A, resolution 1985/26. XIX. BIGHTS OF PERSONS BELONGING TO NATIONAL, ETHNIC, RELIGIOUS AND LINGUISTIC MINORITIES 446. The Commission considered agenda item 21 at its 56th meeting, on 10 March 1983. 447. The Commission had before it the following documents; the report of the informal open-ended working group set up by the Commission at its thirty-eighth session to consider the drafting of a declaration on the rights of persons belonging to national, ethnic, religious and linguistic minorities (E/CN.4/1982/L.42) as reproduced in chapter D of the addendum to the report of the Commission on its thirty-eighth session (E/1982/12/Add .1); a note by the Secretary-General incorporating all provisions relevant to the rights of persons belonging to national, ethnic, religious or linguistic minorities, as contained in international instruments n 21 February 1983 and at its /9th meetin , on 7 March 1983 456 The item was introduced it the 29th meeting by the Deputy Director of the Centre for Hum-in Ri hts 457 The, Commission heard statements by the observers for Algeria, the Byelorussian SbR, the German Dome critic Republic and Israel j-58 The Commission ilsi heard statements by the following nun povernlental or animations in consultative status International Conmission of Jurists and the International Movement for Fraternal Union amon Races ind Peoples (category II) 459 R prescntativc w l r participated in the debate unanimously condemned all totalitarian ideologies and practices, including nazism fascism ind neo-fascism, based on r a c u l or ethnic exclusiveness or intolerance, hatred and terror, systematic denial of human ri hts ind fundamental freedoms Some speakers linked extremist ade. jlo sius with international terronsn, which was also identified as a totalitarian ideology In their view, terrorists used th^ freedoms "'ranted by denocratic systems to destroy then, and murder, kidmppin^ and torture were the m theds regularly used to attack pluralistic societies 460 It was deeply leplored that the year which commemor"1 ted the rise to power of nazism at th^, same time witnessed activities m certain countries f croups and or anizatuns propafatinp such ideologies and praoticcs, enJan^crin not only peace and stability but also jeopardizing a full r aliz-^ti n of human rights and fundamental freedoms Several lele^ations also denounced the activities of th so roups aimed at falsifying the history of the Secon ] World War and justifym" the c r m e s p^rpctr^t^d by $ zi Germany 6l nunber f speakers recalled the sufferinps inflicted upon their respective countries J u r m o the Second World War in their strup le against nazism an! fascism In ->rler to count^r^ct the re-emergence jf Nazi and Fascist-like practices measures sh ul 1 be taken by the international connunity, such as the universal ratification of m l accession to ill relevant human rights instruments, in particular the Convention n the flon-Applicibillty of Statutory Limitations to War Crimes and Crimes apamst riuninity The fact that former war criminals ha! found refupe in certain countries waL, Loiljre^ It was r\.cille I with satisfaciton that a forner war criminal ha been a 1r^hui e and would be put on trial z162 borne dele ati jn^ sail thatrnzisn and fiscisn were only one of the forms of t^talitinan 1 leolo^ics and practices an 1 therefore eff rts, particularly preventive efforts were required against all such phui nena In the view of some speakers, nazisn an fascisn were the procuct of a certain socio-econemic syste-n Others ex ressed reservations as re ards that view, notin taat it was wron to think that certain peoples were definitely innune frori that evil smply because they had opted for a i n ticular tvt 0 of s ^c al structuri- - 94 - /|-6j. It was argued by delegations th-it the cf fascism in s > i in other1 parts of the world. In that connection references were m o the and practices of zionisni m Israel an \ the occupied Arab tGrr!itoriGS( 1-nG racial system of apartheid in South Africa and in j Heartily "ccupiod Namibia, repressive regimes in Chile and other countries. The observer for Israel rojuctel the allegation that zionism Wft3 a forn of racism and denjuncod that allocation as bcin ' part of an anti--Semitic campaign against the Jewish people. The representative of the Libyan Arab Jaraahiriya replied that Zionism was condemned by the international community as a form uf racial discrimination, practising terrjrism in th-3 occupied Arab territories and the neighbouring Arab countries. 464. Some delegations said that if the discussion under this agenda item were to be most effective it should deal with the general phenomenon of totalitarianism and not only with one historical manifestation of th-it phenomenon. The title of the vend a item justified this ^ide-ran^in^ approach, which also -^ive the disoussiinb creator contemporary relevance. In their view, all manifestati >ns of totalitarianism ha-"' oir thinn; in couimons namely the suppression of indiviJual rights. 465. At the 49th meetin ; on 7 March 1985, the representative of the Ukrainian SSti introduced a draft resolution (E/CN.4/1983/L.5O) sponsored by i\f ,hanistan, V Bulgaria, the Byelorussian Soviet Socialist Republic, V Cuba, Czechoslovakia, f_/ the German Democratic Republic, *_l Hungary, _*/ the Libyan Arab Jimahinya, Mongolia, ^J Mozaiiuque, Nicaragua, Poland, the Ukrainian Soviet Socialist Republic and Viet Ham. V 466. An oral amendment to draft resolution E/CN.1/1983/L.50 was put forward by the representative of Zimbabwe, who proposed that the third orearnbular jjarar rr.ph should read as fellows: "Recalling that the victory over m z i s m and fascism in the Second World War contribute! to and promoteJ the ultimate csllapso if the coloniaJ system". 467. Amendments (E/CN. 1/1983/L.59) to Irpft resolution E/CK.VI983/L.50 were submitted by Australia, Canada and the Netherlands. The representative if the Ukrainian SSR, ^n behalf of the sp>nsors of the draft resolution, accepte 1 the following amendments contained in dicumcnt E/CN.4/19O3/L.59: (a) (]->) iiiiiendments 2, 4, 5, 7 and 9, as containe' in document E/CN.1/1903/L.59; Amendi,icnt 3, revised to read as follows; "Considcnnr that the fortieth anniversary of the conclusion of the Sec-nd W >rlvl War will occur in 1985 and should serve t^ m-bilize eff-rts of the w>rid community in its strur^lx against Nazi, Fascist an 1 ne-»Fascist and all other totalitarian ideeli^ies an-"' practices 1 ; V In accordance with rule &S, paragraph 3, of the rules of procedure of the functional commissions of the Economic and Social Council. (c) Amendment 11, revise 1 tc read is follows: "Motes that the fortieth anniversary of the conclusion -f the Second W>rl' War will occur in 1935 and should serve to mobilize the offirts -f the worll community m its stru ; ^ " l e 1 ;ainst the ideologies and practices describe,"1 in paragraph 1 above."; (d) Amendment 1, with 1 further amendment pr-p >sed by Yu pslnvia and acccptec1 by the sponsors, readin ; as follows: "liecallin? the victory >vor n.izisu and fascism in the Sec nd W ,rl 1 War, "Recalling als" the close relrtii nship '··etwoen all totalitarian ioe)lo-i^s nnd practices basuJ on racial jr othnic exclusivencss or intolerance, hatred ind terror an 1 systematic denial of human rights an.i fundamental freel-ms" A68. Amcnimonts 6, 8 anJ 10 were withdrawn by their sponsors, but the term "inter alia.11 was inacrtod in the last prearabular paragraph of the draft rcsoluti n, 469. The rci rosentitivos of the Soviet Union, the Unite! States of America an H Yugoslavia made statements in explanation of vote before the vjte ->n draft r^sjluti'n E/CN.4/1983/L.5O. ,70. h separate voto on the two paragraphs contained in amendment 1 of <~] jcument E/CM.4/1983/L.59, as further amended, was requested by Canada. 471- The first paragraph of amendment 1 was adapted by 15 votes to 14, with 9 abstentions. 472. The soc;n) paragraph of amendment 1 was adopted by 25 votes to n"no, with 13 abstentions. 473- Draft resolution E/CW.4/I983/L.5O, as a whole, as amended, was alerted without a vote. 474. The representatives of the United Kin x) jm and Japan made statements after tho adoption of the resolution. 475- For the text of the resolution, see chapter XXVII, soctiuti A, resolution 1983/28. -96 - XXI. ADVISORY SLRVICES IN 1HF FIELD 0} HUMAN EIGHTS 476, The Commission considered item 23 at its 54th meeting, on 9 March 198;j. It h^d before it the report of the Secretary-General on the programme of advisory services m the field of human rights for 1982 (E/CW.4/1983/30)> ^ e report of the seminar on nation 1, local and regional nrrangements for the promotion and protection of human rights m the Asian region, held at Colombo, Sri Lonka, from 21 June to I July 1?82 ( S T / H R / S E R . A / 1 2 ) and the report of the Secretary General on assist-nce to Uganda (E/CT.4/1983/31 nd Add.l). 477. The item was introduced by the Assist nt Secretary-General, Centre for Human Rights. 47^. Statements were made by the representative of Uganda and by the repiesentative of the United Towns Organization, a non-governmental organization in consultative status (category l ) . 479" At the same meeting the representative of Uganda introduced a draft resolution (E/CN. 4/198 3/L. 91) sponsored by Gambia, Ghana, Moaambicue, Togo, Uganda, the United Kingdom of Great Britain end Northern Ireland, the United Republic of Tanzania and Zimbabwe. 480. At the same meeting the draft resolution was adopted without a vote. 481. For the text of the resolution, see chapter XXVII, section A, resolution 1985/47* XXII. COMKUHICATIONb CONCERNING HOMAN EIGHTS 482. The Commission considered agenda item ?4 at its 52nd and 5 3 ^ meetings, held on 8 and 9 Iferch 1983. 483. Confidential lists of communications (E/CN.4./CCR/82/I-I2), replies of Governments ( E / C N . 4 / G R « 0 2 / 1 ~ 1 2 ) and 1 confidential document of a statistical nature (E/cH.4/CCR/stat.24) were made available to the members of the Commission. 484. The Economic and Social Council, by its resolution 1980/39 of 2 M<.y 1980, requested the Commission on Human Eights to submit to the Council, at the first regular session of 1982, its views on how communications relating to the status of women should be h-mclleci., taking into account the procedures of the Commission. The Commission did not give consideration to thia matter at its thirty-eighth session and the Economic and Social Council decided at its first regular session of 1982 to request the Commission at its thirty-ninth session, m response to Council resolution I98O/39, to provide its views on how communications relating to the status of women should be handled, taking into account its own procedures, and to submit its views to the Council at its first regular session of 1983 (Economic and Social Council decision 1982/122 of 4 May 1982). 485- For its consideration of this matter, the Commission had before it the following documents: a note by Secretary-General containing background information regarding existing procedures on communications within the United Nations system (Ex!982/34 and Corr.l and Add.l and 2 ) ; a draft resolution contained m the report of the Commission on the Status of Women on its twenty-ninth session (E/l982/14, chap. I, sect. A, draft resolution X ) , Economic and Social Council resolution I98O/39 and Economic and Social Council decision 1982/122. 486. At the 52nd meeting, on 8 March 1983? the representative of Canada introduced a draft resolution (E/CH.4/1983/L.72) sponsored by Canada, Finland, Mexico and the Philippines. 487. In this connection the Commission heard at its 53^d meeting statements by the representatives of the following States. Australia, Bangladesh, Bulgaria, Canada, Cuba, Germany, Federal Eepublic of, India, Ireland, Netherlands, Philippines, United Kingdom, United States, Soviet Union, Yugoslavia. 488. The representative of Yugoslavia made an oral proposal which read as follows. "The Commission decides to postpone the matter under consideration until its fortieth session, at which it would be taken up as ^ separate agenda item and given the highest priority possible". 489* At the request of the representative of Yugoslavia, this motion was given priority. At the request of the representative of Canada, roll-call vote vs taken on the motion. The proposal of Yugoslavia was rejected by 21 votes to 14, with 7 abstentions. The voting was as follows: In favouri Argentina, Bulgaria, China, Cuba, India, Libyan Arab Jamahiriya, Nicaragua, Pakistan, Poland, Ukrainian Soviet Socialist Eepublic, Union of Soviet Socialist Republics, United Eepublic of Tanzania, Yugoslavia, Zimbabwe. Apainst; Australia, Bangladesh, Canada, Colombia, Costa Rica, Cyprus, 1*101 f Finland, France, Germany, Federal Republic of, Ghana, Ireland, I t a l y , Japan, Mexico, Netherlands, Philippines, Togo, United Kingdom of Great Britain and Korthern Ireland, United States of America, Uruguay. Brazil, Gambia, Jordan, Rwanda, Senegal, "Uganda, Zaire, Abstaining: 490* The representative of the Soviet Union orally proposed the following amendments to draft resolution E/CN.4/l983/L.72i (a) Operative paragraph 1 would read! "Decides, pursuant to the request of the Economic and Social Council, to submit the summary records containing the views expressed during the thirty-ninth session of the Commission on Human Rights on this question for consideration by the Council"} (b) Subparagraphs (a) to (c) would "be deleted; (c) Operative paragraph 2 would read; "Declares xts readiness to continue to co-operate with the Commission on the Status of W o m e n on this question with a view to enabling the Commission on the Status of W o m e n fully to execute i t s specific mandate". 491> These amendments were not accepted by the sponsors. Upon the request of the repiesentative of Canada, a r o l l - c a l l vote was taken on the amendments. The amendments were rejected by 24 votes to 6, with 12 abstentions. The voting was as follows: In favour; Bulgaria, Cuba, Libyan Arab Jamahiriya, Poland, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics. Australia, Bangladesh, Brazil, Canada, Colombia, Costa Rica, Cyprus, T i j i , Finland, France, Germany, Federal Republic of, Ghana, Ireland, I t a l y , Japan, Mexico, Netherlands, Philippines, Senegal, Togo, United Kingdom of Great Britain and Korthern Ireland, United States of America, Uruguay, Yugoslavia. Argentina, China, Gamble, India, Jordan, Nicaragua, Pakistan, Rwanda, Uganda, United Republic of Tanzania, Zaire, Zimbabwe. Against: Abstaining; 492. The sponsors accepted the following oral amendments proposed by the representative of Bangladesh to the second and third preambular paragraphs; (i) in the second preambular paragraph, the words "and 1503 (XLVIIl) of 27 May 1970 on communications concerning human rights" would be deleted, (11) m the third preambular paragraph, the words "confidential and non-confidential" would be deleted. 493. The representative of Cuba orally proposed the addition of the following text as the third preambular paragraph; "Bearing in mind the co-ordination functions assigned to the Commission by the Economic and Social Council m i t s resolution 1979/3-> of 10 May 1979". 494. This amendment was adopted without a vote. - 99 - 495. At the request of the representative of Canada, a vote "by roll-call was taken on the draft resolution. 496. The draft resolution, as amended, was adopted by 30 votes to 4» with 8 abstentions. The voting was as follows: In favour: Australia, Bangladesh, Brazil, Canada, Colombia, Costa Eica, Cyprus, Fiji, Finland, France, Gambia, Germany, Federal Republic of, Ghanr, Ireland, Italy, Japan, Jordan, Mexico, Netherlands, Nicaragua, Philippines, Ewanda, Senegal, Togo, Uganda, United Kingdom of Great Britain and Northern Ireland, United Republic of Trnssania, United States of Americe, Uruguay, Zaire. Bulgaria, Poland, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics. Argentina, China, Cuba, India, Libyan Arab Jamahiriya, Pakistan, Yugoslavia, Zimbabwe. Against; Abstaining: 497. For the text of the resolution, see chapter XXVII, section A, resolution 1983/39* 5XIIT. IMPLEMENTAIION Or THE ULCIAKATIOIT OK THL ELIMINATION OF ALL FORMS OF INTOLERANCE AH" > OF DISCRIMINATION BASED OK RELIGION OR BELIEF 499 · I'he Commission considered agenda item 25 ^t its 49th and 50th meetings, held on 7 MarOi 1983. 499. The Commission had before it a note by the Secretary-General (E/CN.4/l983/l/Add.l) referring to communications addressed to him by Ireland, the Netherlands and the United States of America, and a report of the Secretary-General (E/CN.4/19^3/34 and Add.l) prepared in accordance with General Assembly resolution 3?/l87 of 18 December 1982. 500. At the 50th meeting, the Commission heard statements by the observers for Denmark, the Holy bee, Peru and Switaerl nd. 501. It also heard statements by the representative of UNESCO and the representatives of the following non~governraental organizations in consultative status* Christian Democratic World Union, World Jewish Congress, Pax Christi, Bahi'i International Community and Pax E o m a m (category II) and International Federation of Kuril Adult Catholic Movements (Roster). 502. The Assistant Secretary-General, Centre for Human Rights, introduced the item. 503. A number of speakers expressed their appreciation of the adoption of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief and noted that it constituted an important contribution to the realization of human rights and fundamental freedoms, m particular to the right to freedom of thought, conscience -and religion. It was stressed that, m setting political and ethical principles, it had a moral significance for Governments as well as for individuals. 504* With regard to the steps to be taken for the implementation of the Declaration, a number of measures were suggested, including the widest dissemination of the Declaration in as many languages as possible, the organization of seminars, studies by United Nations bodies, and appropriate actions m the field of legislation, education and training. The pamphlet issued by the Department of Public Information should be published m all official languages of the United Hations. 505· Some representatives stressed the importance for the human person to be in a position to manifest the values deriving from his or her religion or belief. They stated that it was essential to promote understanding, tolerance Tid respect m matters relating to freedom of religion or belief and that this question deserved particular attention m the future. A few representatives expressed their concern about reports of alleged violations of the principles of the Declaration in certain areas of the world; others underlined that freedom of thought, conscience and religion was protected and observed in their countries. It was pointed out that in implementing the Declaration, the rights of non-believers and their protection from discrimination should also be taken into account. On the other hand, it was stressed at the same time that the Declaration did not have a legally binding character and that the appropriate provisions of legally binding international instruments should continue to be implemented. It was further stated that the Declaration should be utilized exclusively for the elimination of discrimination based on religion or belief. A few speakers warned that the measures proposed for the linplementation of the Declaration should not dimmish the attention given to the implementation of other declarations concerned with human rights. 506. At the 53rd meeting, held on 9 March 1983, the representative of Ireland introduced a draft resolution (E/CH.4/1983/L.68) sponsored by Australia, Canada, Colombia, Costa Rica, F131, Finland, France, Ghana, Ireland, I t ^ l y , Japan, Hetherlands, Peru, J Senegal, Uganda, the United States of Americi and Uruguay and orally revised i t as follows: (1) operative paragraph 2, subparagraph (a) was reworded, to read as follows! "To incorporate m his report to the Sub-Commission on Prevention of Discrimination and Protection of Minorities at i t s thirty-sixth session the views of the appropriate specialised agencies, including the United Nations Educational, Scientific and Cultural Organization, and of other appropriate bodies within the United Nations system and non-governmental organizations on measures to implement the Declaration"; (11) subparagraph (b) was deleted; and ( i n ) "1983-1984" m subpardgraph (0), which had become subparagraph (b), was changed to "1984-1985". 5O7* At the same meeting, the representative of the Ukrainian S S R orally proposed the following amendments: (1) i n operative paragraph 1 the words "of the current dimensions of the problems of intolerance and of discrimination on grounds of religion or belief, using as terms of reference the Declaration on" would be deleted and replaced by the words "relating to"; and (11) the new subparagraph 2 (b) would he redrafted as follows "(b) To consider holding within the framework of the advisory services programme a seminar on the encouragement of understanding m matters relating to the elimination of a l l forms of intolerance and of discrimination ba.sed on religion or belief". 508. At the same meeting, at the request of the representative of Brazil, the Commission took separate votes on the amendments proposed D y the Ukrainian SSE, The f i r s t amendment was rejected by 23 votes to 6, with 11 abstentions, and the second amendment was rejected by 27 votes to 7j with 8 abstentions. 509. At the same meeting, draft resolution E/CH".4/1983/L.68, as revised, was voted on by r o l l - c a l l , at the request of the representative of Ireland, and was adopted by 39 votes to none, with 4 abstentions. The voting was as follows: In favour: Argentina, Australia, Binglsdesh, Brazil, Canada, China, Colombia, Costa Rica, Cuba, Cyprus, F i j i , Finland, France, Gambia, Germany, Federal Republic of, Ghana, India, Ireland, I t a l y , Japan, Jordan, Libyan Arab Jamahinya, Mexico, Mozambique, Netherlands, Nicaragua, Pakistan* Philippines, Poland, Rwanda, Senegal, Togo, Uganda, United Kingdom of Great Britain and Northern Ireland, United Eepublic of Tanzania, United States of America, Uruguay, Zaire, Zimbabwe. None. Bulgaria, Ukrainian Soviet Socialist Eepublic, Union of Soviet Socialist Republics, Yugoslavia. Against: Abstaining;: 510. For the text of the resolution, see chapter XXVII, sectionnAQ resolution 1983/40. 5/ In accordance with rule 69, paragraph 3j of the rules of procedure of the functional commissions of the Economic and Social Council, XXIV. C0NSIDEBATIO1T OF THE DRAFT PROVISIONAL AGENDA FOR THE FORTIETH SESSION OF THE COMMISSION 511. The Commission considered agenda item 26 at its 58th meeting,on 11 March 1983. In accordance with paragraph 3 of Economic and Social Council resolution I894 (LVIl), the Commission had before it a note "by the Secretary-General (E/CN.4/1983/I..8) containing a draft provisional agenda for the fortieth session of the Commission and indicating the documents to be submitted under each item and the legislative authority for their preparation. 512. At the same meeting, the Commission decided to take note of the draft provisional agenda. 513* ^ O 2 * n e decision, see chapter XXVII, section B , decision 1983/H3. 514. The draft provisional agenda for the fortieth session of the Commission reads as follows: 1. 2. 3« Election of officers Adoption of the agenda Organization of the work of the session Legislative authority: relevant resolutions and decisions of the General Assembly, the Economic and Social Council and the Commission. 4. Question of the violation of human rightsi in the occupied Arab territories -, including Palestine Legislative authority: Commission resolution 1983/1 A. Documentation: (a) Note by the Secretary-General (paragraph 13); (b) Report of the Secretary-General (paragraph 14); (c) List of United Nations reports appearing between sessions of the Commission that deal with the situation of the population of the occupied territories (paragraph 15). 5* fotestion of human rights m Chile Legislative authority: Commission resolution 1983/38. Documentation: Report cf the Special Rapporteur (paragraph 11). 6. Violations of human rights in southern Africa: report of the Ad. Hoc Working Group of Experts Legislative authority: Commission resolutions 1982/9 and 1983/10. - 103 - Documentation* (a) Progress report of the Ad Hoc Working Group of Experts (paragraph 16 of resolution 1983/9)1 (b) Report of the Secretary-General (paragraph 18 of resolution 1983/9)) (c) Report of the Ad Hoc Vorkmg Group of Experts (paragraph 10 of resolution 1983/IO). The adverse consequences for the enioyment of human rights of political; military> economic and other forms of assistance given to colonial and racist regimes m southern Africa Legislative authority; Commission, resolution 1983/lL Documentation: Updated version of the report of the Special Rapporteur of the Sub-Conanission on Prevention of Discrimination and Protection of Minorities (paragraph 8 ) . Question of the realization in all countries of the economic, social and cultural rights contained m the Universal Declaration of Human Rights and m 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, including: (a) Problems related to the right to enjoy an adequate standard of living; the right to development (b) The effects of the existing unmst international economic order on the economies of the developing countries, and the obstacle that this represents for the implementation of human rights ana fundamental freedoms (c) The right of popular -participation m its various forms as an important factor in development and in the realization of human rights Commission resolutions 1983/14 and 1983/15* Legislative authority: Documentation: (a) Preliminary study on "The right forms as an important factor m (operative paragraph 1 of draft the Economic and Social Council to popular participation m its various the full realization of all human rights resolution I recommended for adoption by in resolution 1983/14)> (b) Report of the Working Group of Governmental Experts on the Right to Development (paragraph 10 of resolution 1983/15). The right of peoples to self-determination and its application to peoples, under colonial «r alien domination or foreign occupation Legislative authority: Commission resolution 1983/3* - 1U4 - Documentation: List of reports, studies and publications prepared "by the Division for Palestinian Eights (paragraph 14). 10. Question of the human rights of all persona subjected to any form of detention or imprisonment, m particular. (a) Torture and other cruel, inhuman or degrading treatment or punishment (b) Question of enforced or involuntary disappearances Legislative authority: Documentation: (a) Comments received by the Secretary-General (paragraph 1 of resolution 1983/18), (b) Report of the Sub-Commission containing proposals for measures designed to ensure the respect throughout the world for human rights and fundamental freedoms in situations where states of siege or emergency exist, especially of those rights referred to in article 4» paragraph 2, of the International Covenant on Civil and Political Rights (paragraph 2 of resolution I983/I8); (c) Report of the Secretary-General on the operations of the United Nations Voluntary Fund for Victims of Torture (paragraph 4 of resolution 1983/19); (d) Report of the Working Group on Enforced or Involuntary Disappearances (paragraph 3 of resolution 1983/20), (e) Report of the Sub-Commission containing general recommendations on the most effective means for eliminating enforced or involuntary disappearances of persons (paragraph 6 of resolution 1983/20), (f) All relevant material relating to the draft convention against torture and other cruel, inhuman or degrading treatment or punishment (operative paragraph 2 of draft resolution VIII recommended for adoption by the Economic and Social Council in resolution 1983/48). 11, Further promotion and encouragement of human rights and fundamental freedoms, including the question of the programme and methods of work of the Commission; alternative approaches and ways and means within the United Nations system for improving the effective ennoyment of human rights and fundamental freedoms Legislative authority: Documentation: (a) Report "by the Secretary-General (paragraph 2 ) , (b) Report by the Secretary-General on the implementation of the programme for the dissemination of international instruments on human rights (paragraph 4 ) , - 105 Commission resolution 1983/50. Commission resolutions 1983/18, 1983/19, 1983/20 and (c) Report "by the Secretary-General on the promotional activities of the United Nations in the fieia of human rights (paragraph 8 ) ; (d) Report by the Secretary-General covering steps to implement resolution 1983/50 as well as a summary of the activities of the United Nations information centres (paragraph 9)> 12, Question of .the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and territoriesr including; (a) Question of human rights in Cyprus (t>) Study, of situations which appear to reveal a consistent pattern of gross violations of human rights as providedi in Commission,,resolution 8 (XXIII) and Economic and Social Council resolutions 1235 (XLIl) and 1505 (XLVIII): report of the Working Group established by the Commission at its thirty-ninth session Legislative authority: Commission resolutions 1983/29, 1983/30, 1983/32) 1963/34. 1983/35, 1983/36 and 1983/37. Documentation: (a) Report by the Special Representative (paragraph 11 of resolution 1983/29); (b) Report of the Secretary-General (paragraph 5 of resolution 1983/30); (c) Report of the Secretary-General (operative paragraph 4 of draft resolution V zecommended for adoption by the Economic and Social Council m resolution 1983/32), (d) Report of the Secretary-General (paragraph 4 of resolution 1983/34); (e) Opinions communicated to the Secretary-General on the study and on the recommendations made m the study of the Special Rapporteur on human rights and mass exoauses (paragraph 5 of resolution 1983/35); (f) Report by the Special Rapporteur (operative paragraph 5 of draft resolution VI recommended for adoption by the Economic and Social Council in resolution I983/36); (g) Report by the Special Rapporteur (paragraph 7 and 8 of resolution 1983/37)* 13, Question of a convention on the rights of the child Legislative authority: Commission resolution 1983/52. Documentation: Documents relating to the draft convention on the rights of the child (operative paragraph 2 of draft resolution IX recommended for adoption by the Economic and Social Council m resolution 1983/52). - 106 - 14. Measures to improve the situation and ensure the human rights and dignity of all migrant workers Legislative authority: Do cumentation. Report of the Secretary-General (paragraph 4)» 15. Human rights and scientific and technological develoianents Legislative authority: Documentation: (a) Report of the Secretary-General on the basis of comments provided by States, relevant international organizations and other sources (paragraph 2 of resolution 1983/41), (b) Study by the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the use of the achievements of scientific and technological progress to ensure the right to work and development (paragraph 3 of resolution 1983/42) (c) Revised final report of the Special Rapporteur containing the body of principles, guidelines and guarantees for the protection of persons detained on grounds of mental ill-health or suffering from mental disorder as well as the summary compilation of replies received from Governments and specialized agencies, taking into account the basic views expressed m the Sub-Commission and in the Commission on Human Rights (operative paragraph 2 of draft resolution VII recommended for adoption by the Economic and Social Council in resolution 1983/44)* 16. Implementationiofithe International Convention on the Suppression and Punishment of the Crime of Apartheid Legislative authority: Documentation: (a) Views and comments by States parties on the interim study prepared by the Ad Hoc Working Group of Experts on southern Africa (paragraph 5 ) ; (b) Report of the Group of Three established under article IX of the Convention (paragraph 6). 17(a) Study m collaboration with the Sub^Commission on Prevention of Discrimination and Protection of Minorities of ways and means of ensuring the implementation of United Nations, resolutions bearing on apartheid, racism and racial discrimination (b) Implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination Commission resolution 1983/12. Commission resolutions I983/41, 1983/42 and 1983/44. Commission resolution 1983/45- Legislative authority: Documentation. Commission resolution 1983/13* Report of the Second World Conference to Combat Racism and Racial Discrimination (paragraph 5). 18. Status of the International Covenants on Human Rights Legislative authorityDo cument at ion: (a) Report of the Secretary-General on the most appropriate steps for the publication of the documentation of the Human Rights Committee (paragraph 9 ) . (b) Report of the Secretary-General on the status of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Civil and Political Eights, including information on the work of the Economic and Social Council and its Working Group on the implementation of the International Covenant on Economic, Social and Cultural Rights (paragraph 12); (c) Report of the Secretary-General on public information activities m the field of human rights, and on the action taken by the United Nations information centres to increase their activities to make the Covenants better known universally (paragraph 13)» 19« Report of the Sub-Commission on Prevention of Piacrimination and Protection of Minorities on its thirty-sixth session Legislative authority: Documentation: (a) Report of the Sub-Commission on its thirty-sixth session, including recommendations as to how its work might best be harmonized with that of the Commission, within the existing terms of reference of the Sub-Commission (paragraph 4 of resolution 1983/22), including also an account of the activities undertaken by the Sub-Commission pursuant to resolution 1983/23 (paragraph 2 of resolution 1983/23), (b) Revision and updating of the study on the question of the prevention and punishment of the crime of genocide (operative paragraph 2 of draft resolution III recommended for adoption by the Economic and Social Council m resolution 1983/24), 20. Rights of persons "belonging to national, ethnic, religious and Commission resolutions 1983/22, 1983/23 and I983/24. Commission resolution 1983/17, 21. Measure.8 to be, taken g a i n s t all totalitarian or other ideologies and practices, incluaing Nazi. Fascist and neo-Fasoist. based on racial or ethnic exolusiveness or intolerance, hatred* terror, systematic denial of human rights and fundamental freedoms, or which have such consequences Advisory services in the field of human rights Legislative authority: Do cumentat ion: Report of the Secretary-General (paragraphs 1 and 3)« Commission resolution 1985/47. 22. 23. Implementa Intolerance and of Discrimination Based on Religion or Belief Legislative authority: Documentation: Report of the Secretary-General on measures taken to implement resolution 1983/40 (paragraph 3 ) . Commission resolution 1983/40. 24. Draft -provisional agenda for the forty-first session, of the Commission Legislative authority: Documentation: Note by the Secretary-General containing the draft provisional agenda for the forty-first session of the Commission, together with information concerning documentation relating thereto. Economic and Social Council resolution 1894 (LVIl). 25. Report to the Economic and Social Council on the fortieth session of the Coj legislative authority: rule 38 of the rules of procedure of the functional commissions of the Economic and Social Council. - 109 - XXV. ELECTION OP A MEMBER OP THE SUB-COMMISSION ON PREVENTION" OP DISCRIMINATION AMD PROTECTION OP MINORITIES 515. At its 42nd meeting, on 1 March 1983, the Commission decided to add an item to its agenda, entitled "Election of a member of the Sub-Commission on Prevention of Discrimination and Protection of Minorities". 516. In accordance with Economic and Social Council resolution 1354 (XLIV) of 31 May I968 and decision 1978/21 of 5 May 1978, the Commission was required, following the death of Mr. Beverly Carter (United States of America), to elect a member of the Sub-Commission from among experts nominated hy Vestern European and other States. 517. The Commission had before it document E/CN.4/1983/39, containing the nomination of Mr. John Carey by the Government of the United States. 518. At its 57th meeting, on 11 March 1983, the Commission electea Mr. John Carey as a member of the Sub-Commission. XXVI. ADOPTION OF THE REPORT 519. At its 57th and 58th meetings, on 11 March 1983, the Commission considered the draft report on the work of its thirty-ninth session. The draft report, as amended m the course of the discussion, was adopted unanimously at the 58th meeting. XXVII RESOLUTIONS AND DECISIONS ADOPTED BY TEL COMMISSION AT ITS THIRTY-NINTH SFS3ION 1983/l Question of the violation of human rights m the occupied Arab territories, including Palestine \J 12/ The Commission on Human Rights^ Guided "by the purposes and principles of the Charter of the United Nations as well as the principles and provisions of the Universal Declaration of Human Rights, Also guided by the provisions of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, Bearing m mind the provisions of the Geneva Convention relative to the Protection of Civilian Persons m Time of War of 12 August 1949 and of other relevant conventions and regulations, Taking into consideration that the General Assembly has adopted resolution 3314 (.XXIX) of 14 December 1974, which defined as an act of aggression "the invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof", Recalling General Assembly resolutions ES-7/2 of 29 July I98O, 37/88 of 10 December 1982, 37/123 of 16/20 December 1982 and all relevant General Assembly resolutions on Israeli violations of the human rights of the population of occpuied Arab territories s Recalling, in particular, Security Council resolutions 237 (1967) of 14 June I967, 465 (I98O) of 1 March I98O, 468 (198O) of 8 May I98O, 469 (I98O) of 20 May I98O, 471 (1980) of 5 June I98O, 476 (I98O) of 30 June I98O, 478 (I98O) of 20 August I98O and 484 (I98O) of 19 December I98O, Taking note of the reports and resolutions of the International Labour Organisation, the World Health Organization and the United Nations Educational, Scientific and Cultural Organization concerning the conditions of the population m the Palestinian and other occupied Arab territories since I967, including Jerusalem, Recalling its resolution I982/1 of 11 February 1982 on the "Question of the violation of human rights m the occupied Arab territories, including Palestine", and previous resolutions of the Commission on Human Rights on this subject, l/ Adopted at the 22nd meeting, on 15 February 1983, by of 29 to 1, with 12 abstentions. See chap. II. a roll-call vote 2/ Adopted at the 22nd meeting, on 15 February 1983S by a roll-call vote of 29 to 1, uith 13 abstentions. See chap. II note of lie revolt of "the LalPotiman and otler Arab t e n oiieb from 29 "fcvombcr to 3 "Oereiuber 1982, 3/ pi atiors of rumir rights u ly I s i a e i , held at Geneva ile 1 * Reaffirm'; the fact that occupation i t s e l f oor^ii utes a fundamental violation of tho human rights of tne civilian populatior of the laic t m ? \ aid otl er occupied Arab t e m t o r i e s ^ J^eite^ates i r e alarm deeply expressed by the Special Coumittet. to Investigate I s r a e l i Pra ticcs Affecting the Human "Rights of the lopulTtnon of the Occupied Territories m i t s reports submitted to the General Absently at i t s thirty-fourth, 4 / thirty-fifth, 2 / t h i r t y - s i x t h , 6/ and f l i r t y seventh _/_/ session thai I s r a e l ' s policy m the occupied t e r r i t o r i e s is based on the so-called "Honeland" dor Irme whioh envisages a mono-religious (Jewish) State that includes also t e r r i t o r i e s occupied by Israel since June I967s and the affirmation by the special Committee that this policy not only denie^ the right to self-dp-^rminatiori of the population of the occupied t e r r i t o r i e s but al°o constitutes the souice of the continuing and systematic violation of human rights 3 Declares that I s r a e l ' s continuous grave breaches of the Geneva Convention r e l a t i v e to the Protection of Civilian Persons m fimc of Var of 12 August 1949 8_/ and of the Additional Protocols j j / to the Geneva Convpntions are war crimes and an affront to humanity I 11 mly rejects and reiterates i t s condemnation of Israel's decision to ition, annex Jerusalem and to change tho physical character, demographic institutional structure or status of the occupied territories, including trie JToly city, and considers all these measures and their consequence- null and void 5 Strongly condemns Israeli policies and practices, administrative and legislative measures to promote and expand the establishment of settler colonies m the occupied territories as well as the following practices: (a) l'he annexation of parts of the occupied territories, including Jerusalem (b) P h . continuing establishment of new Israeli settlements and expansion of the existmg settlements on private and public Arab lands, and the transfer of an alLen population thereto (c) Ihe arming of settlers m the occupied territories to ommit acts of violence against Aiab civilians, and the perpetration of acts of violence bj trese armed settlers against individuals, causing injury and death and wide-scale damage to Arab property $J OT/HR/OER l/l/I 4/ 5/ 6/ 7/ &/ J,/ V3S/i2j A/36/632 A/3\ft85 UPxted Nations, Treaty beries, vol £/7j^/l4A, annexes I and I I 75, p 287 and Add 1 and Add l/Corr 1 f d) Jhe evacuation, depoitation, expulsion, displacement and transfer of Arab mhabitarts of the occupied teiritories, and the denxal of their right to return fe) The coniibcation and expropriation of Arab property m the occupied tecntoiies and all other transactions foi the acquisition »f land involving Israeli aiLthoritnesf institutions or nationals on the one hand, and inhabitants or 11 _lj-tution_> of the occupied territories on the other, (f) The destruction and demolition of Arab houses, (0) Mas-s ariests, collective punishments, administrative detention and ill-iicatmnt of the Arab population and the torture of persons under detention; and Lhe mhurran conditions in prisons (h) Lhe nillagmg of archaeological and cultural prepert; (1) the interference with religious freedoms and practices as /cell as with firrily lights and customs (0) The -y-tematic Israeli repression against cultural and educational institutions, especially universities, m the occupied Palestinian territories, closing them or restricting and impeding their academic activities by subjecting selection of courses, textbooks and educational programmes, admission of students and appointment of faculty members to the control and supervision of the military occupation authorities and "by the expulsion of numerous faculty members of several universities for refusing to sign statement^ containing political positions, m flagrant defiance and disregard of their right to academic freedom, (k) The illegal exploitation of the natural wealth, water and other resources and the population of the occupied territories, (1) The dismantlement of the municipal services by dismissing the elected mayors a" well as the municipal councils and forbidding Arab aid funds,, 6 Calls upon Israel to take immediate steps for the return of the displaced Arab inhabitants to their homes and property m Palestine and the other Arab toiri t o n e s occupied since June 196? i Calls upon the Israeli authorities to implement forthwith Security Council resolution 404 (1980) of 19 December I98O and previoub resolutions calling Tor the immea.i_ate return of the expelled Mayors of Hebron and Halhoul so that they can resume the functions for which they were elected and appointed, 8 Calls upon Israel to release all Arabs detained or imprisoned as a result ol theLr struggle for ^elf-determination and for the liberation of their terntories, and to accord them, pending their release, the protection envisaged in the relevant provisions of the international instruments concerning the treatment of -orisoners of car, and demands that Israel cease forth cith all acts of torture and 111--treatment of Arab detainees and prisoners, Reiterates its call to all ^, m particular the States p parties to t f Civilian l the Geneva _ of I he report of tho Special Committee to Investigate Israeli Practices A± < c t m g the Huwan Rights of the Population of the Occupied Territories, l'2J Gravely alarmed "by Israel's behaviour in systematically ignoring all ie3evant resolutions of the Security Council, the General Assembly, the Commission on Human Rights and other organs of the United Nations concerning the Arab territories occupied by Israel and its persistent violations of human rights in those territories, Reaffirming that the acquisition of territories by force is inadmissible under the Charter of the United Nations, the principles of international law and relevant United Nations resolutionsf Recalling General Assembly resolution 3314 (XXIX) of 14 December 1974, m which the Assembly defined an act of aggression, inter alia, as "the invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof" and provided thtt "no consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression", Recalling Security Council resolution 497 (1981) of 17 December 198I and General Assembly resolutions 36/226 B of 17 December I98I, ES-p/l of 5 February 19f)>2 and 37/123 A of 16 December 1982, Reaffirming once more the applicability of the Geneva Convention relative · < the Protection of Civilian Persons in Time of War of 12 August 1949 to the occu Palestinian and other Arab territories, including the occupied Syrian Golan Heig Gravely alarmed by the inhuman treatment imposed by the occupying Israeli authorities on the Syrian population of the Golan Heights and noting that "The continued protests [by the Syrian population] led to a vave of arrests, dismissals and a rupture in communications and., on 25 February 1982, a blockade was imposed on the villages .., the population was even prevented from obtaining medical aid outside the area", 13/ 1. Resolutely condemns Israel for its failure to comply with Security Council resolution 497 (I98IJ and General Assembly resolutions 36/226 B, ES-9/l and 37/123 A; 2. Declares once more that Israel's decision of 14 December I98I to impose its laws, jurisdiction and administration on the occupied Syrian Golan Heights constitutes an act of aggression under the provisions of Article 39 of the Charter of the United Nations and General Assembly resolution 3314 (XKJX); 3. Declares once more that Israel's decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan Heights is null and void and has no legal validity and/or effect; ' 12/ 13/ A/3 I/A 85. I b i d . , par 43. - 11? · 4. Reaffirms its deteimination that all provisions of the Hague Convention of 1907 and the~Geneva Convention relative to the Protection of Civilian Persons m Time of Jar of 12. August I949 1 4 / continue to apply to the Syrian territory occupied ·by I-rael since I967, ana calls upon parties thereto to respect their obligations under these instruments in all circumstances, 5 Determines once more that continued occupation of the Syrian Golan Heights since 1967 and its effective annexation "by Israel on 14 December I98I, as well as the inhuman treatment of the Syrian population, constitute a grave violation of the Universal Declaration of Human Eights, the Geneva Convention and the relevant United Nations resolutions, 6 Strongly deplores the negative vote of a permanent member of the Security Council which prevented the Council from adopting against Israel, under chapter VII of the Charter of the United Nations, the 'appropriate measures" referred to m resolution 497 (198I), adopted unanimously by the Security Council 7 Calls upon Israel, the occupying Power, to rescind forthwith its decision of 14 December I98I to impose its laws, jurisdiction and administration on the oyrian Golan Heights, and firmly emphasizes the overriding necessity of the total and unconditional withdrawal "by Israel from all Palestinian and Syrian territories occupied since 1967? including Jerusalem, which is an essential prerequisite for the establishment of a comprehensive and just peace m the Middle East, 8 Decides to place on the provisional agenda of its fortieth session as a matter of high priority the item entitled "Question of the violation of human rights m the occupied Arab territories, including Palestine", I983/5 The right of peoples to self-determination ard its application to peoples under colonial or alien domination or foreign occupation 15/ The Commission on Human Eights, Recalling General Assembly resolutions 181 (il) of 29 November 1947, 1% (ill) of 11 December I948, 1514 (XV) of 14 December i960, 3236 (XXIX) of 22 November I974, 3375 (XXX) and 3376 (XXX) of 10 November 1975, 32/14 of 7 November 1977, 32/20 of 25 November 1977, 32/40 of 2 December 1^77, 32/42 of 7 December 1977, 33/28 of 7 December 1978, 34/65 of 29 November I979, ES-7/2 of 29 July I98O, 35/169 of 15 December I98O, 36/120 o f 10 December 1981, 36/226 of 17 December I9.8I, FS-//9 of 2A September 1982 and 37/86" of 10/20 December 1982, Recalling further Economic and Social Council resolutions I865 (LVl) and 1866 TjLVI) of 17 fey 1°74, Reaffirming its resolution 1982/3 of 11 February 1982, 14/ United Nations, Treaty Series, vol. 75, p 287 15/ Adopted at the 22nd meeting, on 15 February 1983, by a roll-call vote of 2 6 t o 7, with 10 abstentions See ohap VII Bearing in mind the report of the Committee on the Exercise of the Inalienable Rights "of the Palestinian People, 16/ and. especially paragraphs 49 to (? of that report, sizing once more that the Palestinian people axe entitled to self-determination m accordance with tho Charter of the United lations and other relevant United Nations resolutions, and expressing its grave concern that Israel has prevented the Palestinian people by force from enjoying their inalienable rights, in particular their right to self-determination, m defiance of the principles of international lav, Expressing its grave concern that no just solution to the problem of Pa]e& bine has been achieved and that this problem therefore continues to aggravate the Middle Last conflict, of which it is the core, and to endanger international pectoe and security, as has "been tragically illustrated by the Israeli invasion of Lebanon, Welaominp the Arab peace plan adopted at the Twelfth Arab Summit Conference, held at Vezf Morocco, on 25 November I98I and 9 September 1982 ? 1. Condemns Israel's continued occupation of the Palestinian and other Arab territories, including Jerusalem, in violation of the Charter of the United Hationb, the principles of international law and the relevant resolutions of the United. Nations, and demands the immediate, unconditional and total withdrawal of Israel from all these occupied, territories, 2< Condemns Israel's aggression and practices against the Palestinian people m the occupied Palestinian territories and outside these territories, particularly Palestinians in Le"banon? as a result of the Israeli invasion of Lebanon which claimed the lives of thousands of Lebanese and Palestinian civilians, 3. Condemns in the strongest terms the large-scale massacre of Palestinian civilians in the Sabra and Shatila refugee camps for which the responsibility of the Israeli Government has been established, 4. Decides that the massacre was an act of genocide, 5Bequests the General Assembly to declare 17 September a day to commemorate the memory of the victims of Sabra and Shatila, 6, Expresses its grave concern that, until a just and equitable solution to the problem of Palestine has been implemented, the Palestinian people will be exposed to grave dangers such as the appalling massacre perpetrated m the babra and ohatila refugee camps, ^' Reaffirms the inalienable right of the Palestinian people to self-determination without external interference and the establishment of a fully independent and sovereign State of Palestine, 8Reaffirms the inalienable right of the Palestinians to return to their homes and. property, from which they have been displaced and uprooted by Israel, and. calls for their return m the exercise of their right to self-determination 1 6 / Official Records of the General,. Assembly ^ Thirty-sixth Sessio Supplement No. 35 W3&/35T. - 119 - 9 Hecopaizefi tie nglil ol the u l e J i m a n people to regain their rights "by all means m accordajr & with the puiposes and principles of the Charter of the United. Nations, 10. Reaffirms the basic principle that the future of the Palestinian people can only be decided with its full participation in all efforts, through its representative, the Palestine Liberation Organization 11 Rejects all partial agreements and separate treaties m so far as they violate the inalienable rights of the Palestinian people and contradict the principles of just and comprehensive solutions to the Middle Fast problem to ensure the establishment of a just peace in the area, m accordance with the principles of the Charter of the United Nations and with relevant United Nations resolutions 12 Strongly rejects the plan of "autonomy" within the framework of the "Camp David accords" and declares "that these accords have no validity m so far as they purport to determine the future of the Palestinian people and of the Palestinian territories occupied by Israel since 19^7, 13. Urges all States, United Nations organs, specialized agencies and other international organizations to extend their support to the Palestinian people through its representative, the Palestine Liberation Organization, in its struggle to restore its rights m accordance with the Charter and the relevant resolutions of the United Rations, 14 Requests the Secretary-General to make available to the Commission on Human Rights and to the Sub-Commission on Prevention of Discrimination and "Protection of Minonties the reports, studies and publications prepared by the Division for Palestinian Rights 1983/4. The light of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation 17/ Jhe Commission^on Human Bights, Bearing m m m d the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and other relevant international instruments relating to human rights, Recalling General Assembly resolutions 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, 2621 (XXV) of 12 October 1970, containing the programme of action for the full implementation of the Declaration, and 35/118 of 11 December 1980, containing the Plan of Action for the Pull Implementation of the Declaration, Recalling further General Assembly resolutions 2649 (XXV) of 30 November 1970, 2955 (XXVIi; of 12 December I972, 30?0 (XXVIIl) of 30 November 1973, 3?36 (XXIX) of 22 November 1974, 3246 (XXIX) of 29 lovember 1974, 3382 (XXX) of 10 November 1975, 33/24 of 29 November 1978, 35/35 of 14 November 1980, 36/68 of 1 December I98I, 36/76 of A December I98I and 37/35 of 23 November 1982, 1 7 / Adopted at the 22nd meeting, on 15 February 1983, by a roll-call vote of 31 to 7, with 4 abstentions. See chap. VII Recalling also its resolutions 3 (XXXI) of 11 Iebruary 1975, 9 ( 5 March I976, 3 (XXXIV) of 14 February 1978, 2 (XXXV) and 3 ( A X X V ) of 21 February 1979, 5 (XXXVl) of 15 February 1980, 14 (XXXVIl) of 6 March 1981 and 1982/16 of 25 February 198?, Recalling Security Council resolutions 405 (1977) of 14 April 1977 and 419 (1977) of 24 November 1977, in which the United Nations denounced the practice of using mercenaries against developing countries and national liberation movement's Recalling also General Assembly resolutions 2465 (XXIIl) of 20 December I963, 2548 (XXIV) of 11 December 1969. 2708 (XXV) of 14 December 1970, 3103 (XXVlIl) of 12 December 1973 and 3314 (XXIX) of 14 December I974 concerning the use and recruitment of mercenaries against national liberation movements and sovereign Deeply conscious of the urgent need for strict observance of the principles of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as enshrined m the Charter of the United Nations and devoloped m the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States m accordance with the Charter of the United Nations, 1 8 / Condemning the racist regime of South Africa for its ruthless exploitation of the people and resources of Namibia, as well as its attempt to destroy the national unity and territorial integrity of Namibia, Condemning the racist regime of South Africa for developing a nuclear capability for military and aggressive purposes, Affirming that Walvis Bay and the offshore islands constitute an mtegial part of the Territory of Namibia, Affirming that "bantustanization" is incompatible with genuine independence, national unity and sovereignty and hat. the effect of perpetuating the power of the minority and the racist system of . .partheid m South Africa, Affirming also that the system of apartheid imposed on the South African people constitutes a gross and massive violation of the rights of that people, Reiterating its affirmation on the importance of the effective realization of the right of peoples to self-determination, national sovereignty and territorial integrity and of the speedy granting of independence to colonial countries and peoples as imperative for the enjoyment of human rights. 18/ General Assembly resolution 2625 (XXV) ±m l a n s upon Calls upo a n jraxes to implement fully and faithfully the resolutions of the United Nations, tions, m particular General Assembly resolution 1514 fXV), (XV), and and to take all the necessary steps to enable the dependent peoples of the territories concerned to exercise fully and without further delay their inalienable right to self-determination and independence, j ^ _i"r j _ " i _ . . . . _ j _ _. j _ . _i _ " i _ J_I~ ^ j ^x>^ x ^ v » ^ J ^ 1 1 . ^ 4 -*^ *-i*-.- 2 Reaffirms the inalienable right of the -oeople of Namibia to belfdetermmation freedom and national independence m a united Namibia, including Walvis Bay and the offshore islands, m accordance with the Charter of the United Nations and as recognized m General Assembly resolutions 1514 (XV) ail General Assembly at its sixth emergency special session, Also recalling General Assembly resolutions 35/37 of 20 November 1930, 56/34 of lo~November 1981 and 37/37 of 29 November 1982 on the situation m Afghanistan which, inter alia, reaffirmed the right of the Afghan people to determine their own form of government and to choose their economic, political ana social system free from outside intervention, subversion, coercion or constraints of any kind whatsoever, and which called for the immediate withdrawal of foreign troops from Afghanistan, Recalling further General Assembly resolutions 35/35 B of 14 November I98O, 36/10 of 2c1 October 1981 and 37/42 of 3 Decemoar 1982, as well as resolutions 26 (XXXIII), 11 (XXXIV) and 1982/^1 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of 12 September 1980, 9 September 19O1 and 3 September 1982, respectively, Recognizing the importance of the initiatives of the Organization of the Islamic Conference and the efforts of the Movement of Won-Aligned Countries for a political solution of the situation m respect of Afghanistan, Reaffirming the purposes and principles of the Charter of the United Nations and the obligation of all States to refrain in their international relations from the threat or use of force against the sovereignty, territorial integrity and political independence of any State, 23/ Adopted at the 2^rd meeting, on 16 February 1983, by a roll call vote of 29 to /, with 5 aobtentions. See chap. VII. Reaffirming further the inalienable right of all peoples to determine their own form of governmert and to choose their own economic, political and social syscem free from outside intervention, subversion, coercion or constraint of any kind whatsoever, Gravely concerned at the continued foreign armed intervention in Afghanistan in contravention of the aoove principles and its serious implications for international peace and security, Hotinp; the increasing concern of the international communi&y over the continued ind serious sufferings of the Afghan people and over the magnitude of the social and economic problems posed to Pakistan and the Islamic Republic of Iran by the presence on their soil of millions of Afghan refugees and the continuing increase m their numbers, Deeply conscious of the urgent need for a political solution of the grave situation in respect of Afghanistan, 1. Reaffirms its most profound concern that the people of Afghanistan continue to be denied their right to self-determination and to determine then- owr form of government and to choose their economic, political and social system f oe from outside intervention, subversion, coercion or constraint of any 1 j.nd whatsoever, ^" Calls for the immediate withdrawal of the foreign troops from Afghanistan, calls for a policical settlement of the situation in Afghai Turt on the basis of the withdrawal of foreign troops and full respect for the independence, sovereignty, territorial integrity and non aligned status of Afghanistan and strict observance of the principle of non-intervention and non-interference, Affir the right of the Afghan refugees to return to their homes safety and honour, [ m 5. Urges all concerned to work towards a settlement which would ensure that the Afghan people would determine their destiny free from outside interference and which would enable the Afghan refugees to return to their homes, 6. Expresses its appreciation and support for the efforts and constructive steps taken uy the Secretary-General m the search for a solution to th problem, 7. Requests the Secretary-General to continue these efforts with a view lo promoting a political solution, m accordance with the provisions of the relevant General Assembly resolutions, 8. Urges all concerned to continue to co-operate with the Secretary-General m his efforts to promote a political solution m respect of the situation in Afghanistan, 9Appeals to all States and national and international organizations to extend humanitarian relief assistance, with a view to alleviating the hardship of Afgnan refugees, in co-ordination with the United Nations High Commissioner for Refugees, 10. Decides to consider this matter at its fortieth session with High priority under the agenda item entitled "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation11. 1983/8. The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation - Question of East Timor 24/ The Commission on Human Rights 1. Reaffirms the inalienable right of the people of East Timor to self-determination and independence, in accordance with General Assembly resolution 1514 (XV) of 14 December I960, 2' Declares that the people of East Timor must be enabled freely to determine their own future on the basis of the relevant General Assembly resolutions and the relevant United Nations human rights instruments, 3. Calls upon all interested parties, namely, Portugal, as the administering Power, and the representatives of the people of East Timor, as well as Indonesia, to co-operate fully with the United Nations with a view to guaranteeing the free and full exercise of the right to self determination by the people of East Timor, 4. Impresses its deepest concern at the suffering of the people of East Timor as a result of the situation now prevailing m the Territory, 5Calls upon all parties concerned to facilitate the entry into the territory of international aid to alleviate the suffering of the people of East Timor. 1983/9. Violations of human rights in southern Africa report of the Ad Hoc Working Group of Experts 25/ The Commission on Human Rights, Recalling its resolution 2 (XXIII), by which it set up the Ad Hoc Working Group of Experts on southern Africa, and its resolutions 21 (XXV), 7 (XXVII), 19 (XXIX), 5 (X *Ij, 6 (XXXIII), 12 (XXXV), 5 (XXXVII) and 1982/8, by which it extended and broadened the terms of reference of that Group, Recalling Security Council resolution ^27 (1982), in which the Council strongly condemned the apartheid regime of South Africa for its premeditated aggressive act against Lesotho, and various General Assembly resolutions which have condemned South Africa for aggressive acts against other neighbouring countries such as Angola and Mozambique, Conscious of the value of the reports of the Ad Hoc Working Group of Experts in the efforts of the United Nations to expose and combat the repeated denials and gross violations of human rights m South Africa and Namibia, 24/ Adopted at the 23rd meeting, on 16 February 19&3, by a roll call vote of 16 to 14, with 10 abstentions. See chap, VII. 25/ Adopted at the 28th meeting, on 18 February 1983, by a roll-call vote of 42 to none. See chap. IV. Having examined the report of the Ad Hoc Working Group of Experts, 2£_l in which Inter alia the Group has concluded that massive and cruel denials of human rights under the apartheid system continue to be practised in South Africa and Namibia, Taking note of the report of the Special Committee against Apartheid on torture and ill-treatment of detainees by the racist regime of South Africa in 1982, 27/ 1. Congratulates the Ad Hoc Working Group of Experts on its inquiries and investigations and the quality of the reports it has submitted, 28/ 2 reports, Takes note of the conclusions and recommendations contained m the 3« Affirms that any constitutional arrangement in South Africa which is based on racial segregation and which denies full citizenship rights to the majority black population as a whole constitutes a denial of their political rights, serves to perpetuate apartheid and is unacceptable, 4. Denounces the policy of "bantustanization' and the forced removals of the black population, a practice which has disrupted black families, the cultural identity of the blacks and their unity and has violated the principle m the Universal Declaration of Human Rights that no one shall be arbitrarily deprived of his nationality, 5. Expresses its profound indignation at the scale ard variety of human rights violations in South Africa, m particular (a) The alarming increase in the number of sentences passed and executions which have taken place, (b) (c) The torture of political activists during interrogation, The ill-treatment of captured freedom fighters and other detainees, (d) The deaths of detainees in South African prisons under suspicious circumstances, 6. (a) Expresses deep indignation at the fact that Child labour continues to be practised in South Africa, (b) Black women and children are still exploited and suffer the most from the policies and practices of apartheid, (c) Young black people also suffer discriminatory harassment and imprisonment 7Demands that South Africa should put an end to the policies and practices which violate the rights of the African population, especially women and children, 26/ 27/ 28/ E/CW.4/1983/IO. A/AC.115/L.586. E/CM.4/1983/IO, E/CN.4/1983/3T and E/CM.4/1983/38. - 130 - A °* PPeaIs to the international community to undertake appropriate and urgent action to save the lives of Bobby Tsotsobe, Johannes Shabangu, Jerry Mosololi, Simon Mogoerane, David Moise and Marcus Motaung, condemned to death as a result of their opposition to apartheid. 9. Expresses its concern regarding infringements of trade union rights and m particular the indiscriminate harassment, arrest and detention of black trade union leaders, 10. Demands further that South Africa should respect international standards concerning trade union rights, 11. Demands again that South Africa should adhere to the ILO Convention concerning Minimum Age for Admission to Employment, 1973 (Wo. 1J8) and implement the relevant Recommendation (No. 146) and ensure that adequate legislation to protect the rights of working children is enacted, 12. Condemns South Africa's military attacks against neighbouring countries such as Angola, Lesotho and Mozambique and demands the cessation of such attacks, 13* Decides to renew the mandate of the Ad Hoc Working Group of Experts composed of the following persons acting m their personal capacity Mr. Annan Arkyin Cato (Ghana), Chairman/Rapporteur, Mr. Branimir Jankovic" (Yugoslavia), Mr. Felix Ermacora (Austria), Mr. Humberto Diaz Casanueva (Chile), Mr. Mulka Govmda Reddy (India) and Mr. Mikuin Leliel Balanda (Zaire), 14- Decides that the Ad Hoc Working Group of Experts should continue to study the policies and practices which violate human rights in South Africa and Namibia, bearing in mind the effects of apartheid on black women and children and the Group's conclusion that the "criminal effects of apartheid amount to a policy bordering on genocide", 2g/ 15. Requests the Ad Hoc Working Group, xn co-operation with the Special Committee against Apartheid, to continue to investigate the cases of torture and Ill-treatment of detainees and the deaths of detainees in South Africa, 16. Requests the Ad Hoc Working Group to submit a report on its findings to the Commission at its forty-first session at the latest and to submit a progress report to the Commission at its fortieth session, ^7* Requests the Ad Hoc Working Group to continue to bring to the attention of the Chairman of the Commission on Human Rights, for whatever action he may deem appropriate, cases of particularly serious violations which may come to its attention during its inquiries, 18. Again requests the Secretary-General to renew his invitation to all States Members of the United Mations to submit their views and comments on the interim study on the international penal tribunal 3_0/ so as to enable the Ad Hoc Working Group to continue its study and to submit a report to the Commission at its fortieth session, 29/ 30/ E/CW.4/1983/38, E/CN,4/1426. conclusion A (2). ,, 131 - 19- Authorizes the Ad Hoc Working Group to organize in 1984 a seminar to consider the most effective means of reinforcing the Commission's efforts to eliminate apartheid, racism and racial discrimination, 20. Authorizes the Chairman of the Ad Hoc Working Group of Experts to participate in conferences, symposia, seminars or other events connected with the action against apartheid organized under the auspices of the Special Committee against Apartheid and the United Nations Council for Namibia, 21* Requests the Secretary-General to provide every assistance within available resources to enable the Ad Hoc Working Group of Experts to discharge its responsibilities m accordance with paragraphs 17 and 18 of the present resolution and with its terms of reference, *^* Requests the Economic and Social Council to transmit the present resolution to the General Assembly, the Security Council, the Special Committee against Apartheid and the United Nations Council for Namibia. I983/IO. Violations of human rights m southern Africa of the Ad Hoc forking Group of Experts 31/ report The Commission on Human Rights, Recalling its resolution 2 (XXIII), by which it set up the Ad Hoc Working Group of Experts, and its resolutions 21 (XXV), 7 (XXVII), 19 (XXIX), 5 (XXXI), 6 (XXXIII), 12 (XXXV) and 5 (XXXVII), by which it extended and broadened the terms of reference of that Group, Recognizing the inalienable right of all peoples to self-determination and independence in accordance with the principles of the Charter of the United Nations and of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December i960, Mindful of the deteriorating situation in Namibia because of the illegal occupation of the territory by South Africa and that regime's policies of apartheid and of repression, Having examined the chapter on Namibia contained m Ad Hoc Working Group of Experts, 32/ the report submitted by the · * · Reaffirms the inalienable right of the Namibian people to self-determination and independence and the rights enshrined in the Universal Declaration of Human Rights and other relevant international instruments, United Natio 439 (1978), 31/ Adopted at the 28th meeting, on 18 February 1983, by a roll-call vote of 37 to none, with 5 abstentions. See chap. IV. 32/ E/CR.4/1983/10, chap. II. - 132 - 3. Calls upon South Africa to comply without further delay with all resolutions on Namibia adopted by the Security Council and the Commission on Human Rights; 4. Demands that South Africa cease forthwith all acts of torture and ill-treatment of Namibian political detainees and prisoners, 5. Demands that South Africa release all Mamibian political prisoners, including those imprisoned or detained under the so-called Security Laws, and that the captured freedom fighters be granted prisoner-of-war status and be treated m accordance with the provisions of the Geneva Conventions of 12 August 1949 and Additional Protocol I thereto, pending their release, Ad Hoc Working Group of Experts to continue to instit y persons pected of h n g committd m N b 7. Stron&ly condemns South Africa for its use of the territory of Namibia for repeated acts of aggression and violation of the territorial integrity of African States and calls on South Africa to desist from such criminal aggressio Demands the immediate withdrawal of all South African armed forces from Angola; 9< Reiterates the request that South Africa allow the Ad Hoc Working Group of Experts to make an on-the-spot investigation of the living conditions in the prisons in Namibia and South Africa and the treatment of prisoners, 10. Requests the Ad Hoc Working Group of Experts to continue to study, as a matter of priority, the policies and practices which violate human rights in Namibia and to submit a report to the Commission at its fortieth session. 1983/11. The adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to colonial and racist regimes in southern Africa 35/ The Commission on Human Rights, Reaffirming that any form of assistance given to the racist regime of South Africa constitutes a hostile act against the oppressed people of southern Africa in their struggle for freedom and independence and obstructs efforts aimed at the elimination of colonialism, apartheid and racial discrimination m South Africa and Namibia, Recognizing that the utmost priority must be accorded to international action to ensure the full implementation of the international instruments as well as resolutions of the United Nations for the eradication of racism and apartheid and the liberation of the people of South Africa and Namibia from the racist and colonial regime, 3j5/ Adopted at the 28th meeting, on 18 February 1985, by a roll-call vote of 30 to 4, with 8 abstentions. See chap. V. - 133 - Recalling General Assembly resolutions 3382 (XXX) of 10 November 1975, 31/33 of 30 November 1976, 33/23 of 29 November 1978, 35/32 of 14 November 1980, 36/172 of 17 December 1981 and 37/39 of 3 December 1982, Recalling General Assembly resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974, containing the Declaration and the Programme of Action on the Establishment of a Wew International Economic Order, 3281 (XXIX) of 12 December 1974* containing fche Charter of Economic Rights and Duties of States, and 3171 (XXVIII) of 17 December 1973, relating to permanent sovereignty over natural resources of both developing countries and territories under colonial and foreign domination or subjected to the apartheid regime, Bearing in mind its resolutions 7 (XXXIII) of 4 March 1977, 6 (XXXIV) of 22 February 1978, 9 (XXXV) of 5 March 1979, 11 (XXXVI) of 26 February 1980, 8 (XXXVII) of 23 February 1981 and 1982/12 of 25 February 1982, Taking note of resolution 1982/16 of 7 September 1982 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Having noted with satisfaction the updated report 34/ prepared by the Special Rapporteur, Mr. Ahmed Khalifa, which contains an updated list of banks, transnational corporations and other organizations giving assistance to the racist and colonial regime m South Africa, Deeply concerned that the major Western and other trading partners of South Africa continue to collaborate with that racist regime and that their collaboration constitutes the main obstacle to the liquidation of that racist regime and the elimination of the inhuman and criminal system of apartheid, Alarmed at the continued collaboration of certain Western States and Israel with the racist regime of South Africa in the nuclear field, which collaboration has grave implications for the enjoyment of human rights by the peoples of southern Africa, Deeply concerned at South Africa's acts of aggression aimed at undermining the economies and destabilizing the political institutions of independent neighbouring States, Conscious of the continuing need to mobilize world public opinion against the political, military, economic and other forms of assistance given to the racist regime m South Africa, 34/ E/CN.4/Sub.2/1982/10. 1. Expresses its appreciation to the Special Rapporteur for his report containing the updated list of banks, transnational corporations and other organizations assisting the racist regime in South Africa, 2. Reaffirms the inalienable right of the oppressed people of South Africa and Namibia to self-determination, independence and the enjoyment of the natural resources of their territories and to dispose of thoso resources for their greater well being, 3. Calls afainupon the Governments of the countries where the banks, transnational corporations and other organizations named and listed in the revised report are based to take effective action to put a stop to their trading, manufacturing and investing activities in the territory of South Africa as well as on the territory of Namibia illegally occupied by the racist Pretoria regime, 4. Calls again upon the same Governments to take measures to end all technological assistance or collaboration in the manufacture of arms and military supplies in South Africa, and in particular to cease all collaboration with South Africa in the nuclear field, 5. Demands that South Africa Gease forthwith its acts of aggression aimed at undermining the economies and destabilizing the political institutions of independent neighbouring States, 6. Urgently requests all specialized agencies, particularly the International Monetary Fund and the World Bank, to refraxn from granting any type of loans to the racist regime In South Africa, 7. Calls upon all States, specialized agencies and regional, intergovernmental and other organizations concerned to give wide publicity and dissemination to the report of the Special Rapporteur, 8* Welcomes the decision of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to mandate Mr. Ahmed Khalifa, Special Rapporteur, to continue to update the list, subject to annual review, and to submit, through the Sub-Commission, the revised report to the Commission, 9. Decides to consider the revised report at its fortieth session within the framework of the agenda item "The adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the colonial and racist regime in South Africa". - 135 - 1983/12. Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid 55/ The^ Commission on Human Rights, Recalling its resolutions 10 (XXXV) of 5 March 1979, 13 (XXXVI) of 26 February I98O, 6 (XXXVII) of 25 February 1981 and 1982/10 of 25 February 1982, Recalling its resolution 7 (XXXIV) of 22 February 1978, in which it called upon States parties to the International Convention on the Suppression and Punishment of the Crime of Apartheid to submit, in accordance with article VII of the Convention, their first report not later than two years after becoming parties to the Convention and their periodic reports at two-year intervals, Having considered the report J6_/ of the Group of three members of the Commission appointed under article IX of the International Convention on the Suppression and Punishment of the Crime of Apartheid, Reaffirming its conviction that ratification of, or accession to, the Convention on a universal basis and implementation of its provisions are necessary for its effectiveness and therefore will contribute to the eradication of the crime of apartheid, 1. Takes note with appreciation of the report of the Group of three members of the Commission which was set up under the International Convention on the Suppression and Punishment of the Crime of Apartheid, and m particular the conclusions and recommendations contained in that report, 2. Commends those States parties to the International Convention on the Suppression and Punishment of the Crime of Apartheid that have submitted periodic reports and calls upon those States parties that have not yet done so to submit their reports as soon as possible, in accordance with article VII of the Convention; 5Again urges States which have not yet done i 1 to . atify · Convention without delay, iccede to the 4. Recommends once again that all States parties should take full account of the general guidelines laid down by the Group of Three m 1978 for the submission of reports, 57/ 5. Requests once more the Secretary-General to invite States parties to submit their views and comments on the interim study 38/ prepared by the Ad Hoc Working Group of Experts on southern Africa in accordance with Commission resolution 12 (XXXVI); 35/ Adopted at the 28th meeting, on 18 February 1983, by a roll-call vote of 31 to 1, with 10 abstentions. See chap. XIV. 36/ 3J/ 58/ E/CN.4/1983/25. E/CN.4/12F£, annex. E/CN.4/U26. 6. Further requests again the Group of Three to examine xn accordance with Commission resolution 1982/12 of 25 February 1982 whether the actions of transnational corporations which operate in South Africa come under the definition of the crime of apartheid, and whether or not some legal action could be taken under the Convention, and to report to the Commission, 7* Calls on States parties to strengthen their co-operation at the national and the international level in order to implement fully the decisions taken by the Security Council and other competent United Nations bodies with a view to the prevention, suppression and punishment of the crime of apartheid, in accordance nth article VI of the Convention and with the Charter of the United Nations, 8. Draws the attention of States parties to the desirability of disseminating further information on the Convention, the implementation of its provisions and the work of the Group of Three established under article IX of the Convention, 9. Notes the importance of measures to be taken by States parties in the field of teaching and education for fuller implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid, 10. Decides that the Croup of Three shall meet for a period of not more than five days before the fortieth session of the Commission to consider the reports submitted by States parties m accordance with article VII of the Convention. 1983/15* Implementation of_the Programme for the Decade for Action^to^ Combat Racism and Racial Discrimination 59/ The Commission on Human Rights, Recalling its resolution 1982/11 of 25 February 1982, in which it, inter alia, decided that the Commission on Human Rights should be represented at the Second World Conference to Combat Racism and Racial Discrimination by the Chairman of its thirty-ninth session, Recalling also its resolution 14 D (XXXVI) of 26 February 1980, by which, in response to General Assembly resolution 34/24, it requested the Sub-Commission on Prevention of Discrimination and Protection of Minorities to prepare a study on ways and means of ensuring the implementation of United Nations resolutions on apartheid, racism and racial discrimination, Reiterating its conviction that racism, racial discrimination and apartheid constitute a total negation of the purposes and principles of the Charter of the United Nations and the Universal Declaration of Human Pights, Bearing in mind General Assembly resolutions 36/8 of 28 October 1981 and 37/40 and 37/41 of 3 December 1982, in which the Assembly, inter alia, invited the Commission on Human Rights to participate m the Second World Conference, 39/ Adopted at the 28th meeting, on 18 February 1983, by a roll-call vote of 41 to none. See chap. XVI. Convinced that the Second World Conference will contribute to the effective elimination of apartheid, racism and racial discrimination, 1. Designates the Chairman of the Commission on Human Rights and the Chairman of the Ad Hoc Working Group of Experts on southern Africa to represent the Commission at the Second World Conference to Combat Racism and Racial Discrimination, to be held at Geneva from 1 to 12 August 1983, 2. Exp^gsssB^its^aupgort for the call by the General Assembly to all States to participate in the Second World Conference and to contribute to the success of the Conference, 3. Takes note that the Sub-Commission on Prevention of Discrimination and Protection of Minorities has been unable to undertake the study on ways and means of ensuring the implementation of United Nations resolutions on apartheid, racism and racial discrimination; 4Requests the Economic and Social Council's Preparatory Sub Committee of the Second World Conference to consider recommending to the Conference the inclusion in the programme of activities to be undertaken at the end of the Decade for Action to Combat Racism and Racial Discrimination of a study of ways and means to ensure the full and universal implementation of United Nations resolutions and decisions on racism, racial discrimination and apartheid, 5* Decides to consider the outcome of the Second World Conference to Combat Racism and Racial Discrimination at its fortieth session. 1983/14* Question of the realization in all countries ^f the economic social and cultural rights contained m 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 m their efforts to achieve these human rights 40/ The Commission on Human Rights, Recalling that among the purposes and principles rf the Charter of the United Nations is the achievement of international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion, Recalling also General Assembly resolutions 32/130 of 1& December 1977, 34/46 of 23 November 1979 and 37/55 of 3 December 1982, Reiterating its profound conviction that all human rights and fundamental freedoms are indivisible and interdependent, and that equal attention and urgent consideration should be given to the implementation, promotion and protection of both civil and political rights and economc, social and cultural rights, 40/ Adopted at the 31st meeting, on 22 February 1983, by 42 votes See chap. VI. Bearing in mind that in accordance with the International Development Strategy for the Third United Nations Development Decade the ultimate aim of development is the constant improvement of the well-being of the entire population on the basis of its full participation in the process of development and a fair distribution of the benefits therefrom, Recognizing that popular participation in all its forms, including the participation of workers in management and workers' self-maragement in countries where they exist, constitutes an important factor of socio-economic development as well as of respect for human rights and the dignity of the human person, Haying considered, in accordance with paragraph 5 of General Assemblyresolution 37/55 of 3 December 1982, the report of the Secretary-General on the International Seminar on Popular Participation, 41/ 1. Takes note with appreciation of the report on the International Seminar on Popular Participation, held at Ljubljana, Yugoslavia, from 17 to 25 May 1982, 2Considers that the full exercise of the right to popular participation is an important factor not only m the development process but also m the realization of the full range of human rights, civil and political as well as economic, social and cultural; 3. Recommends the following draft resolution to the Economic and Social Council for adoption* [For the text, see chap. I, sect. A, draft resolution I.] 1983/15* 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 42/ The Commission on Human Rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms, Considering also the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, according to which the Ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created m which everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights, 41/ A/37/442. 42/ Adopted at the 31st meeting, on 22 February 1983, by a roll-call vote of 40 to none, with 3 abstentions. See chap. VI. - 133 - Recalling General Assembly resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974, containing the Declaration and the Programme of Action on the Establishment of a New International Economic Order, and General Assembly resolutions 3281 (XXIX) of 12 December 1974, containing the Charter of Economic Rights and Duties of States, 3362 (S-VII) of 16 September 1975, and 35/56 of 5 December I980, containing the International Development Strategy for the Third United Nations Development Decade, Recalling also the Declaration on the Granting of Independence to Colonial Countries and Peoples, the Declaration on Social Progress and Development, the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, the Declaration on the Strengthening of International Security and the Declaration on the Deepening and Consolidation of International Detente, Bearing in mind that the International Development Strategy for the Third United Nations Development Decade stated that "the ultimate aim of development is the constant improvement of the well-being of the entire population on the basis of its full participation m the process of development and a fair distribution of the benefits therefrom", Recalling its resolutions 2 (XXXI) of 10 February 1975, 4 (XXXIII) of 21 February 1977, 4 (XXXV) and 5 (XXXV) of 2 March 1979, 6 (XXXVI) and 7 (XXXVI) of 21 February 1980, 36 (XXXVII) of 11 March 1981 and 1982/17 of 9 March 1982, Recalling also its resolution 36 (XXXVII), which stated, inter alia, that equality of opportunity for development is as much a prerogative of nations as of individuals within nations, Taking into account General Assembly resolution 36/133 of 14 December 198I, which declared that the right to development is an inalienable human right, Taking into account also General Assembly resolutions 32/130 of 16 December 1977, 34/46 of 23 November 1979 and all other relevant resolutions of the Ceneral Assembly, Emphasizing that the promotion of respect for the enjoyment of certain human rights and fundamental freedoms cannot justify the denial of other human rights and fundamental freedoms, Kotinp with interest that the Heads of State or Government of Non-Aligned Countries at their Sixth Conference, held afc Havana, Cuba, from 3 to 9 September 1979, set as one of the essential objectives of the non-aligned movement the early establishment of the New International Economic Order with a view to accelerating the development of developing countries, eliminating the inequality between developed and developing countries, and the eradication of poverty, hunger, sickness and illiteracy in the developing countries, and called on the United Nations to continue working towards the comprehensive achievement of human rights, m order to ensure the dignity of human beings, Emphasizing the importance for all countries of evolving appropriate socioeconomic systems that are best suited to their own political, economic, social and cultural situations, free from external influences and constraints that distort and prevent achievement of the right to development, Further underlining the importance of individual and collective self-reliance on the part of the developing countries as a means of accelerating their development and contributing to achievement of the right to development, Recognizing that international peace and security are essential elements for the full realization of the right to development, 1. Reiterates the need to create, at the national and international levels, conditions for the full promotion and protection of the human rights of individuals and peoples; 2. Expresses its deep concern at the present situation in the attainment of the aims and objectives for the establishment of a New International Economic Order and the adverse effects on the full achievement of human rights and in particular of the right to development; 3* Reaffirms that all nations have an inalienable right to pursue freely their economic and social development and co exercise full and complete sovereignty over all their natural resources subject to the principles referred to in article 1, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights; 4Once again reiterates the need to ensure the realization of work, education, health and proper nourishment through the adoption of national and international measures, as a necessity for the full enjoyment of human rights; 5* Reaffirms that foreign occupation, colonialism, apartheid, racism and racial discrimination and the denial of the right to self-determination of peoples and of universally recognized human rights are serious impediments to economic and social progress; 6. Commends the report of the Working Group of Governmental Experts on the Right to Development, 4 V which met at Geneva on two occasions between 28 June 1982 and 3 December 1982; 7. Takes note with satisfaction of the progress made so far by the Working Group as reflected In its report and Its recommendations; ^* Decides to reconvene the same Working Group with the same mandate in order to allow it to elaborate, on the basis of its report and all the documents already submitted or to be submitted, a draft declaration on the right to development; 9* Requests the Working Group to hold two meetings of two weeks each in Geneva, the first in June 1983 and the second in November/December 1983; 10. Also requests the Working Group to submit to the Commission at its fortieth session a report and concrete proposals for a draft declaration on the right to development; 11 · Requests the Secretary-General to provide all necessary assistance to the Working Group; 12. Decides to consider this question as a matter of high priority at its fortieth session, with a view to taking a decision on the work undertaken on the draft declaration submitted by the Working Group; 13. Decides also to review, at its fortieth session, the need for the Working Group to continue its activities. 1983/16. The new international economic order and the promotion of human rights 4,4/ The Commission on Human Rights, Recalling article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights which proclaim inter alia the human right to adequate food, Further recalling the provisions of the Universal Declaration on the Eradication of Hunger and Malnutrition 45_/ whereby every man, woman and child has the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties, Bearing in mind the concepts contained in General Assembly resolution 32/130 of 16 December 1977, including the concept that all human rights and fundamental freedoms are indivisible and interdependent and that equal attention and urgent consideration should be given to the implementation, promotion and protection of both civil and political rights and economic, social and cultural rights, Emphasizing the link as recognized by the General Assembly in its resolutions 34/46 of 23 November 1979, 35/174 of 15 December 1980 and 36/133 of 14 December 1981 between universal realization of the right to proper nourishment and the establishment of the new international economic order, Deeply concerned about the precarious nature of the food situation, particularly in the least developed countries, and about the implications thereof for enjoyment of the fundamental right to food, 44/ Adopted at the 31st meeting, on 22 February 1983, by 36 votes to none, with 5 abstentions. See chap. VI. 4J5/ Report of the World Food Confefffffif-gj,. .ftPF^j^,.5"^ .November 1974 (United Nations publication, Sales Mo. 75.II.A.3), chap. I. 1. Recommends to the Economic and Social Council that it authorize the Sub-Commission to entrust Mr. Eide with the preparation of a study on the right to adequate food as a human right. The Special Rapporteur, in elaborating his study, should take into account all relevant work being done within the United Nations system and should consult with organs and agencies such as the World Food Council, the Food and Agriculture Organization of the United Nations and the United Nations Conference on Trade and Development and relevant non-governmental organizations in the field. In his 3tudy the Special Rapporteur should give special attention to the normative content of the right to food and its significance in relation to the establishment of the new international economic order, 2. Requests the Secretary-General to give the Special Rapporteur all the assistance he may require in his work, 5* Requests the Special Rapporteur to submit his preliminary report to the Sub-Commission at its thirty-sixth session and his final report to the Sub-Commission at its thirty-seventh session. 1983/17. Status of the International Covenants on Human Rights 46/ The Commission on Human Rights, Mindful that the International Covenants on Human Rights constitute the first all-embracing and legally binding international treaties in the field of human rights and, together with the Universal Declaration of Human Rights, form the heart of the International Bill of Human Rights, Recalling its resolution l?82/l8 of 9 March 1982 and General Assembly resolution 37/191 of 18 December 1982, Recalling its resolution 1982/42 of 11 March 1982 on development of public information activities in the field of human rights, Having considered the report of the Secretary-General on the status of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights. 47/ 46/ Adopted at the 31st meeting, on 22 February 1983, without a vote. See chap. XVII. 4J7/ E/CN.4/1983/29. Noting with appreclation that, following the appeals of the General Assembly and the Commission, more Member States have acceded to the International Covenants on Human Rights and to the Optional Protocol, Bearing in mind the important responsibilities of the Economic and Social Council m the implementation of the International Covenant on Economic, Social and Cultural Sights, Recognizing the important role of the Human Rights Committee m the implementation of the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as reflected xn its report, 48/ *· Reaffirms the importance of the International Covenants on Human Rights as major parts of international efforts to promote universal respect for an observance of human rights and fundamental freedoms, 2. Takes due note of Economic and Social Council resolution 1982/33 of 6 May 1982 concerning the review of the composition, organization and administrative arrangements of the Sessional Working Group of Governmental Experts on the Implementation of the International Covenant on Economic, Social and Cultural Rights, 5Appreciates that the Human Rights Committee continues to strive for uniform standards in the implementation of the provisions of the International Covenant on Civil and Political Rights and the Optional Protocol thereto and takes note of the further decision of the Human Rights Committee on che question of periodicity of reports from States parties under article 40, paragraph 1 (b), of the Covenant as well as the adoption by the Committee of further general comments under article 40, paragraph 4, of the Covenant, 4. Urges all States which have not yet done so to become parties to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights as well as to consider acceding to the Optional Protocol to the International Covenant on Civil and Political Rights, 5* Invites the States parties to the International Covenant on Civil and Political Rights to consider making the declaration provided for in article 41 of the Covenant; 6. Emphasizes the importance of the strictest compliance by States parties with their obligations under the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and, where applicable, the Optional Protocol thereto, 48/ Official Records of the General Assembly, Thirty-seventh Session, Supplement No. 40 (A/37/4"OK - 144 - 7. Stresses, In particular, the obligations of a State party availing itself of the right of derogation from the provisions of the International Covenant on Civil and Political Rights in accordance with article 4, paragraph 1, of the Covenant to Inform the other States parties immediately through the intermediary of the Secretary-General of the provisions from which it has derogated and of the reasons by which it was actuated 8, Emphasizes the importance of States parties sending experts to present their reports under the International Covenants on Human Rights, as well as nominating experts to serve on the implemertation committees set up under the Covenants, 9Welcomes the measures being taken by the Secretary-General to improve t1publicity for the work of the Human Rights Committee and urges the Secretary-General to continue to consider the most appropriate steps for the publication of the Committee's documentation and to report on this question to thp Commission at its fortieth session, 10. Takes note of paragraph 14 of General Assembly resolution 37/191 m which the Assembly requests the Secretary-General to continue to take all possible steps to ensure that the Centre for Human Rights of the Secretariat is able to assist effectively the Human Rights Committee and the Economic and Social Council in the implementation of their respective functions under the International Covenants on Human Rights, 11. Encourages all Governments to publish the texts of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Civil and Political Rights in as many languages as possible and to distribute them and make them known as widely as possible in their territories, ·L^- Requests the Secretary-General to submit to the Commission on Human Rights at its fortieth session, a report on the status of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Civil and Political Rights, and to include in this report information on the work of the Economic and oc al Council and its Sessional Working Group of Governmental Experts on the Implementation of the International Covenant on Economic, Social and Cultural Rights, 13. Requests the Secretary-General to Invite the United Nations information centres to increase their activities to make the Covenants better known universally and to report on action taken in this regard m the course of his regular reports to the Commission on public information activities in the field of human rights, including the dissemination of international Instruments, 14- Decides to consider at its fortieth session an agenda item entitled 'Status of the International Covenants on Human Rights'. 1983/18. Question of the human rights of all persons subjected to any form of detention or imprisonment - The implications for human rights of situations^known aa statea of siege or emergency 49/ The Commission on Human Rights, Recalling the Universal Declaration of Human Rights, which guarantees every individual equal protection under the law and the right to an effective remedy by the. competent national tribunals for acts violating fundamental human rights, Recalling Economic and Social Council resolution 1979/34 of 10 May 1979 authorizing a special rapporteur of the Sub-Commission to study the implications for human righta of situations known as states of siege or emergency, Expressing its appreciation to Mrs. Nicole Questiaux, Special Rapporteur of th Sub-Commission, for her excellent study on this question, 50/ Recognizing that the existence of a state of siege or emergency may affect the enjoyment of human rights, including those rights which are described as inalienable in article 4 of the International Covenant on Civil and Political Rights, Endorsing the general principle of law reflected in article 4 °f the International Covenant on Civil and Political Rights, according to which certain rights and fundamental freedoms may not be infringed upon even during a state of siege or emergency, Noting that the Sub-Commission has whole-heartedly endorsed the Special Rapporteur's conclusions, and sharing the Sub-Commission's appreciation for her study, Sharing the concern expressed by the Secretary-General in his address to the Commission on 15 February 1983 regarding the implications which states of siege or emergency may have for the enjoyment of human rights, *· Requests the Secretary-General: (a) To invite Governments, the relevant organs of the United Nations, the specialized agencies and the regional intergovernmental and non-governmental organizations concerned to submit to him their comments, if any, on the report of the Special Rapporteur, 49/ Adopted at the 32nd meeting, on 22 February 1983, without a vote. lee chap. VIII. 50/ E/CW.4/Sub.2/1982/15. Cb) To compile theae comments and to forward them to the Sub-Commission at Its thirty-sixth session and to the Commission at its fortieth session; 2 * Requests the Sub-Commission at its thirty-sixth session to give further attention to the study of the Special Rapporteur* and, taking into account those comments already provided at that time in accordance with paragraph 1 above, to propose for the Commission's consideration at its fortieth session measures designed to ensure the respect throughout the world of human rights and fundamental freedoms in situations where states of siege or emergency exist, especially of those rights referred to in article 4> paragraph 2, of the International Covenant on Civil and Political Rights; 5Peonies to give urgent priority at its fortieth session to the question of the implications for human rights of situations of siege or emergency. 1983/19 · Question of the human rights of all persons subjected to any form of detention or imprisqninent^in^articular: torture and other cruel, inhuman or degrading treatment or punishment - United Nations Voluntary Fund for Victims of Torture 51/ The Commission on Human Rights, Bearing in mind its resolutions 35 (XXXVII) of 11 March 1981 and 1982/43 of 11 March 1982 concerning the United Nations Voluntary Fund for Victims of Torture, Recalling General Assembly resolution 36/151 of 16 December 1981, by which the Assembly decided to establish the United Nations Voluntary Fund for Victims of Torture, Noting that all Governments have an obligation to respect and promote human rights in accordance with the responsibilities they have undertaken under various international Instruments, Further noting with deep concern that acts of torture take place in various countries, Reiterating the need to provide assistance to the victims of torture in a purely humanitarian spirit, or to activities on behalf of such victims, Noting with deep satisfaction the establishment of the Fund and the appointment of the Board of Trustees, 51/ Adopted at the 32nd meeting, on 22 February 1983, without a vote. See chap. VIII. !· Expresses its gratitude and appreciation to those Governments which have already contributed to the United Nations Voluntary Fund for Victims of Torture; 2. Calls upon all Governments, organizations and individuals in a position to do so to respond favourably to requests for contributions to the Fund; 3Requests the Secretary-General to transmit to all Governments the Commission's appeal for contributions to the Fund; 4. Further requests the Secretary-General to keep the Commission informed every year of the operations of the Fund. 1983/20. Question of the human rights of all persons subjected to any form of detention or imprisonment, in particular: question of enforced or involuntary disappearances 52/ The Commission on Human Hights, Bearing in mind General Assembly resolution 53/173 of 20 December 1978, which requested the Commission on Human Rights to consider the question of disappeared persons with a view to making appropriate recommendations, and all other United Nations resolutions concerning missing or disappeared persons, Recalling its resolution 20 (XXXVI) of 29 February I98O, whereby it decided to establish for a period of one year a working group consisting of five of ita members, to serve as experts in their individual capacities, to examine questions relevant to enforced or involuntary disappearances of persons, Recalling General Assembly resolution 37/180 of 17 December 1982, wherein the Assembly welcomed the decision taken by the Commission on Human Rights in its resolution 1982/24 of 10 March 1982 to extend the mandate of the Working Group for one year, Recalling resolution 1982/5 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 52/ Adopted at the 32nd meeting, on 22 February 1983, without a vote. See chap. VIII. Considering the need to observe United Nations standards and practices regards.! g the receipt of communications, their transmittal to the Governments concerned and their evaluation, Taking note of the report of the Working Group, 55/ 1. Expresses its appreciation to the Working Group on Enforced or Involuntary Disappearances for the work done, 2. Decides to extend for one year the Working Group's mandate, as laid down in Commission on Human Rights resolution 20 (XXXVI), and to retain the present membership of the Working Group for the same period of time; 3* Requests the Working Group to submit to the Commission, at its fortieth session, a report on its work, together with its conclusions and recommendations, and to bear in mind the obligation to discharge Its mandate with discretion, so as, inter alia, to protect persons providing information, or to limit the dissemination of information provided by Governments; 4. Renews ita request to the Secretary-General to appeal to all Governments to co-operate with the Working Group m a spirit of complete confidence; 5. Further requests the Secretary-General to continue to provide the Working Group with all necessary assistance, in particular the staff and resources it requires to perform its functions in an effective and expeditious manner* and, if necessary, to make the appropriate arrangements to ensure the continuity of the Secretariat's work; 6. Remlr ds the Sub-Commission on Prevention of Discrimination and Protection of Minorities of its resolution 1982/24, whereby it requested the Sub-Commission to continue studying the most effective means for eliminating enforced or involuntary disappearances of persons, with a view to making general recommendations to the Commission at its thirty-ninth session, and requests the Sub-Commission to submit such recommendations to the Commission at its fortieth sessior; 7* Decides to consider this question at its fortieth session under the subitem of the agenda entitled "Question of enforced or involuntary di sappearances". 53/ E/CN.4/1983/14. - 149 - 1983/21. Beport of the Sub-Commission on Prevention of Diacrimination and Protection of Minorities on its thirty-fifth session 54/ Ihe Commission on Human Rights, Recalling the terms of reference of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and in particular its resolutions 1( (XXXVII) of 10 March 1981 and 1982/23 of 10 March 1^82, Recommends the following draft resolution to the Economic and Social Council for adoption [For the text, see chap. I, sect. A, draft resolution II.] 1983/2?. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session 5,5/ The Commission on Human Bights, lal mp 1 note of the report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on it^ thirty-fifth session, 56/ Recognizing the important contribution which the Sub-Commission makas to the promotion and protection of human rights, in part through the high quality of many of its studies and reports, as well as the valuable assistance which the Sub-Commission provides to the Commission, Recalling its resolution 1982/23 of 10 March 1982 concerning the report of tne Sub-Commission on its thirty-fourth session, Recalling apain the terms of reference of the Sub-Commission as defined by the Commission at its fifth session as well as in its resolutions 8 (XXIII) of 16 March 1967 and 17 (XXXVII) of 10 March 1981 and in the relevant resolutions of the Economic and Social Council and of the General Assembly, Moting the efforts made by the Sub-Commission to take into account a number of the recommendations and requests made to it by the Commission at its thirty-seventh and thirty-eighth sessions, Recalling further that members of the Sub-Commission are experts elected in their individual capacity, Aware of the variety of suggestions and comments which were made by members of the Sub-Commission m the course of the 3eneral discussion during its thirty-fifth session concerning its acti/ities, W Adopted at the 48th meeting, on 4 March 1983, by a roll-call vote of 31 to 5, with 7 abstentions. See chap. XVIII. 55/ Adopted at the 48th meeting, on 4 March 1983, without a vote. See chap. XVIII 56/ F/CN 4/1985/4. Bearing in mind the already leavy workload of the Sub-Commission and the desirability of some rationalization of its work, taking into account the existing terms of reference of the Sub-Commission, Believing that it is helpful and appropriate for the Commission to give guidance to the Sub-Commission, in order to ensure complementarity between its activities and those of the Commission, 1. Calls upon the Sub-Commission in the fulfilment of its functions and duties to be guided by the resolutions referred to m the preambular paragraphs of the present resolution, 2, Draws the attention of the Sub-Commission to the comments and suggestions made during the consideration of the Sub-Commission's report at the present session of the Commission and requests the Sub-Commission to take them into account, 3* Believes that it is inappropriate for the Sub-Commission to take decisions affecting its status, role and competence, 4' Invites the Sub-Commission to consider and make recommendations to the Commission as to how its work might best be harmonized with that of the Commission, within the existing terms of reference of the Sub-Commission, to ensure complementarity and co-ordination oetween the activities of both bodies as well as the undertaking of tasks by the Sub-Commission which its particular status as a body of individuals elected in an independent and expert capacity best suits it to carry out 5 Further invites the Sub-Commission particularly m (a) To examine ways to implement all the requirements contained Commission resolution 8 (XXIII), (b) To examine at its thirty-sixth session possibilities for rationalizing its methods of work, which might include the adoption of a five-year programme of work such as that which expired in 1980, (c) To place due emphasis, at an early stage, on the preparation of studies requested of it by the Commission and by the Economic and Social Council In setting its priorities in its programme of work, and to ensure that such stud es are as far as possible completed on time, (d) 6. To seek the widest possible measure of agreement when adopting decisions, Urges the Sub-Commission to /Invites the Sub-Commission to be present, through its Chairman or another member it may designate, at the consideration of its report during the fortieth session of the Commission. - 151 - 1985/23. Report of the Sub-Commi33ion on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session Discrimination against indigenous gopuiations 57/ Ihe Commission on Human Rights, Recalling its resolution 1982/19 of 10 March 19 and fundamental freedoms of indigenous populations, regarding the human rights Taking note of Economic and Social Council resolution 1982/34 of 7 May 19^2, oy which the Council decided to authorize the Sub-Commission on Prevention of Discrimination and Protection of Minorities to establish annually a working group on indigenous populations, Expressing its appreciation for the report of the Working Group on Indigenous Populations £8/ and for the veiy positive way in which the Working Group conducted its first session, giving an opportunity to all observers present to express their views, Moting .with interest Sub-Commission resolution 1982/31, in which the Sub-Commission asked the Commission and the Economic and Social Council to establish a voluntary fund for the purpose of allowing representatives of indigenous populations to participate in the work of the Uorkmg Group, 1. Decides. (a) lo request the Sub-Commission on Prevention of Discrimination and Protection of Minorities to suggest appropriate means designed to ensure that the activities of the Working Group shall be better known in every country so as to ensure the broadest possible participation of representative observers from indigenous populations, (b) To request the Sub-Commission to make more specific proposals regarding the possible establishment of a fund as referred to above, including applicable criteria for the administration of such a fund, as well as appropriate standards for making, such a fund available to those who may be considered to be eligible, (c) To request the Secretary-General to provide the Sub-Commission with suggestions as to how such a fund may be administered, 2" Reguests the Sub-Commission to include an account of its activities undertaken pursuant to the present resolution in the report on its thirty-sixth session to the Commission at its fortieth session. 52/ Adopted at the 48th meeting, on 4 Ilarch 1985, without ; See chap. XVIII. 58/ E/CW-4/Sub.2/1982/31. 1983/24- Report of the Sub-Commission on Pt evention of Discrimination and Protection of Minorities on its thirty-fifth session Updating ofiithei study on the question of the prevention and punishment of the crime of genocide 59/ The Commission on Human Rights, Mindful of resolutior 1982/2 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, related to the revision and updating of the study on the question of the prevention and punishment of the crime of genocide, 60/ Expressing its great concern and anxiety at the fact that acts of genocide are committed in various regions of the world, Recommends the following draft resolution to the Economic and Social Council for adoption [For the text, see chap. I, sect. A, draft resolution III.] 1983/25 Report of the Sub-Commission on Prevention of Discrimination ana Protection of Minorities on its thirty-fifth session Updating of the Report on Slaveiy 61/ The Commission on Human Rights Recommends to the Economic and Social Council that the report prepared by Mr. Benjamin Whitaker, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, entitled "Updating of the Report on Slavery submitted to the Sub-Commission in 1966 62/ should be printed and given the widest possible distribution, including distribution in Arabic I9O3/26. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session The status of the individual and ^contemporary international law 63/ The Commission on Human Rights, Recalling its resolution 18 (XXXVII) of 10 May 1981, m which it recommends the preparation of a study on the topic entitled 'The status of the individual and contemporary international law , and Economic and Social Council decision 1981/142 of 8 May 1981, relating thereto J}_ See chap 60/ C1/ See -h~ p 1?/ ·_/ See v,n7i5 Adopted at the 48th meeting, on 4 March 1983 without a vote XVIII F/CM 4 oub rt opt u at X/III V CN 4/Sub Adep1" d t Xv T TI I 416 th n meeting on 4 March 1983 without a vote 2/19cW^O and Add tht, 48th mt t g or t Marcn 1933, without a vote Mindful of resolution 1982/35 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Expressing its deep appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes, for the work she has so far accomplished in connection with the important study in progress on the status of the individual and contemporary international law, Recommends the following draft resolution to the Economic and Social Council for adoption [For the. text, S G G chap.I, sect. A, draft resolution IV.J 1983/27. Question of the human rights of all persons subjected to any form of detention or imprisonment 64/ The Commission on Human Rights, Guided by the purposes and principles of the Charter of the United Nations as well as the principles and provisions of the Universal Declaration of Human Bights, Bearing in mind the provisions of the Geneva Conventions of 12 August 1949 65/ and of the Hague Convention of 1907, Recalling General Assembly resolutions 2674 (XXV) and 2675 (XXV) of 9 December 19/0 as well as all relevant resolutions on the promotion of the respect of human rights in armed conflicts, Deeply alarmed by the situation of Palestinian, Lebanese and other detainees held by Israel as a result of the invasion of Lebanon by Israel, 1Strongly reaffirms that the fundamental human rights, as accepted by international law and formulated in international instruments, remain fully applicable in case of armed conflict, 2dirges Israel to recognize, according fco the third Geneva Convention, the status of prisoners of war to all combatants caufht during that war, and treat them accordingly, 3. Urges Israel to rcleass m c 3 the beginning of that war, immediately all civilians arbitrarily detained 4Urges Israel to co-operate with the International Committee of the fied Cross and allow it to visit all detainees, in all the detention centres under its control, 64/ Adopted at the 49th meeting, on 7 March 1983, by a roll-call vote of 40 to none, with 2 abstentions. See chap. VIII. 65/ United Nations, Treaty Series, vol. /5, pp. 31 et seq. - 154 - 5Urges Israel to ensure protection, according to the fourth Geneva Convention and to the Hague Convention of 1907, to the Palestinian civilians, including the released detainees, in the areas under its occupation, 6. Calls upon all parties to the conflict to secure for the International Committee of the Red Crosa, all available information concerning m s s i n u and disappeared persons xn tht wake of the invasion of Lebanon by Israel 7. Decides to place this matter on the provisional agenda of its fortieth session under the item "Question of the human rights of all persons subjected to any form of detention or imprisonment . 1983/28. Measures to be taken against all totalitarian or other ideologies and practices, including Nazi, Fascist and neo-Feiscist, based on racial or ethnic exclusiveness or intolerance, hatred, terror, systematic denial of human rights and fundamental freedoms, or which have such consequences 661 The Commission on Human Rights, Recalling that the United Nations emerged from the struggle of peoples against nazism, fascism, aggression and foreign occupation, Bearing in mind the millions of victims, suffering and destruction caused by aggression, foreign occupation, nazism and fascism, Recalling the victory over nazism and fascism in the Second World War, Recalling alao tne close relationship between all totalitarian ideologies and practices based on racial or ethnic exclusiveness or intolerance, hatnid and terror and systematic denial of human rights and fundamental freedoms, Heaffirming the purposes and principles laid down in the Charter of the United Nations, which are aimed at maintaining international peace and security, developing friendly relations among nations oased on respect for tha principle of equal rights and self-determination of peoples, and achieving international co-operation m promoting and encouraging respect for human rights and fundamental freedoms for all, Considering that the fortieth anniversary of the conclusion of the Second World War will occur in 1985 and should servo to mobilize the efforts of the world community in its struggle against Nazi, Fascist and neo-Fasclst and all other totalitarian ideologies and practices, Emphasizing that all totalitarian or other ideologies and practices, including Wazi, Fascist and neo-Fascist, based on racial or ethnic exclusivenass or intolerance, hatred, terror, systematic denial of human rights and fundamental freedoms, or which have such consequences, may jeopardize world peace, constitute obstacles to friendly relations between States and the realization of human rights and fundamental freedoms, 66/ Adopted at the See chap. XX. t! cut 5 . voto Reaffirming that the prosecution and punishment of war crimes and crimes against peace and humanity, as laid down in General Assembly resolutions 3 C D of 13 February 1946 and 95 (I) of 11 December 1946, constitute a universal commitment for all States, Recalling General Assembly resolutions 2J^1 (XXII) of 18 December 1967, 24;j8 (XXIII) of 19 December 1968, 2545 (XXIV) of 11 December 1969, 2713 (XXV) of 15 December 1970, 28?9 (XXVI) of 18 December 1971, 34/24 of 15 November 1979, 35/200 of 15 December 1980, 36/162 of 16 December 1981 and 37/179 of 17 December 198; Recalling also its 1 olution 3 (XXXVII) of 23 February 19' Recalling also the Declaration on Social Progress and Development, the United Nations Declai ation on the Elimination of All Forms of Racial Discrimination, the Declaration on the Granting of Independence to Colonial Countries and Peoples, and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Underlining the importance of the Universal Declaration of Human Rights, the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Prevention and Punishment of the Crime of Genocide and other relevant international instruments, Reaffirming that all totalitarian or other ideologies and practices, including Nazi, Fascist and neo-Fascist, based on racial or ethnic and other exclusiveness or intolerance, hatred, terror, systematic denial of human rights and fundamental freedoms, or which have such consequences, are incompatible with the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Pravention and Punishment of the Crime of Genocide, the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, the International Convention on the Suppression and Punishment of the Crime of Apartheid and other relevant international instruments. Recalling the principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity set forth in General Assembly resolution 3°74 (XXVIII) of 3 December 1973, Acknowledging with satisfaction the fact that a number of States have set up legal regulations which are suited to prevent the activities of Nazi, Fascist and neo-Fascist groups and organizations, Noting again with deep concern that the proponents of Fascist ideologies have, in a number of countries, intensified their activities and are increasingly co-ordinating them on an international scale, Expressing also its concern that the Fascist and Nazi ideologies and practices are inherited inter alia by repressive racist and colonialist regimes practising gross and flagrant violations of human rights, 1. Again condemns all totalitarian or other ideologies and practices, including, Nazi, Fascist and neo-Fascist, based on racial or ethnic exclusiveness or intolerance, hatred, terror, systematic denial of human rights and fundamental freedoms, or which have such consequences, -156 - the provisions 01 t-ne universal Declaration or tinman Kigncs ana tnc international Covenants on Human Rights, to prohibit or otherwise deter activities by groups or organizations or whoever is practising those ideologies; 3Calls upon the appropriate specialized agencies as well as intergovernmental and international non-governmental organizations to initiate or intensify measures against the ideologies and practices described in paragraph 1 above; 4Invites Member States to adopt, in accordance with their national constitutional systems and with the provisions of the Universal Declaration of Human Rights and the International Covenants on Human Rights, as a matter of high priority, measures declaring punishable by law any dissemination of ideas based on racial superiority or hatred and of war propaganda, Including Wazi, Fascist and neo-Fascisfc ideologies; 5Appeals to all States that have not yet done so to ratify or to accede to the International Covenants on Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Won-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the International Convention on the Suppression and Punishment of the Crime of Apartheid; 6. Calls upon all States to assist each other in detecting, arresting and bringing to trial persons suspected of having committed war crimes and crimes against humanity and, if they are found guilty, in punishing them; 7. Motes that the fortieth anniversary of the conclusion of the Second World War will occur in 1985 and should serve to mobilize the efforts of the world community in its struggle against the ideologies and practices described in paragraph 1 above. 1983/29. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and othei* dependent countries and territories - Situation of human rights in El Salvador 677 The Commission on Human Rights, Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under various international instruments, 67/ Adopted at the 52nd meeting, on 8 March 1983, by a roll-call vote of 23 to 6, with 10 abstentions. See chap. X. - 157 - Determined to remain vigilant with regard to violations of human rights wherever they occur and to take appropriate measures to restore respect for human rights and fundamental freedoms, Recalling that, in resolutions 35/192 of 15 December 1980, 36/155 of X6 December 1981 and 37/185 of 17 December 1982, the General Assembly has repeatedly expressed its deepest concern for the continuous violations of human rights and fundamental freedoms and the suffering of the Salvadorian people, which are caused by the climate of violence and insecurity prevailing in that country, Recalling also its own resolution 32 (XXXVII) of 11 March 1981, in which the Commission decided to appoint a Special Representative on the situation of human rights in El Salvador, and resolution 1982/28 of 11 March 1982, whereby it extended the mandate of the Special Representative for another year, requesting him inter alia to report to the General Assembly at its thirty-seventh session, Having carefully examined the report of the Special Representative, 68/ which confirms the continuation of grave, massive and persistent violations of human rights and fundamental freedoms in El Salvador, the failure of the judiciary to fulfil its task of upholding the rule of law and the impunity of paramilitary forces and other armed groups, Taking note of resolutions 10 (XXXIV) and 1982/26 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Observing m the conclusions in the report of the Special H pr^.^ t,&u\ that, contrary to all expectations, the situation of human rights an El Salvador has not changed since his previous report to the Commission, precisely because of the persistence of the grave civil conflict which continues to exist in that country, Reiterating its appeal to all Salvadorian parties involved, as expressed in its resolutions 32 (XXXVII) and 1982/28, to reach a negotiated peaceful settlement and to cease all acts of violence in order to end the loss of lives and the suffering of the people of El Salvador, Alarmed at the recent reports of bombings and indiscriminate rocketing of urban areas in El Salvador, which are not military targets, such as in the city of Berlin in the department of Usuluta'n, 1. Commends the Special Representative for his report 1 : the situation of human rights in El Salvador, 2. Expresses its deepest concern that, as noted in the report of the Special Representative, violations of human rights of the most serious nature continue in SI Salvador and that as a result the people of El Salvador continue to suffer, and deplores that appeals for the cessation of violence made by the General Assembly, the Commission and the international community in general have not been heeded, 68/ E/CW.4/1983/20. 3Declares once more that the nternational law s contained in article 3 common to the Geneva fonventions of 12 August 1949 laws of war, &S_/ are applicable to armed conflicts not of an international character, such as the present conflict m El Salvador, and requests all Salvadonan parties involved to apply a minimum standard of protection of hjiman n p h t s and of human ti eatment to the civilian population, 4itotes that the situation in El Salvado , as clearly shown by tie Special Representative in his L-WO reports thus far submitted to the Commission has its root causes m internal political, economic and social factors, and reaffi^ns the right of the Salvadorian people to freely determine their political, economc and social future without interference from outside and in an atmosphere free £>on intimidation and terror 5Reiterates once more its appeal to all States to abstain fron intervening xn the internal situation in El Salvador and to suspend all supplies of arms and any type of military assistance, so as to allow the political forces m that country to restore peace and security and the establishment of a democratic system, 6 Reprets that the Government of El Salvador has not iesponded GO suggestions to initiate, through available channels, contacts to negotiate a peaceful settlement with all representative political forces in that country and to seek an end to all acts of violence in order to end the loss of lives and the suffering of the people of El Salvador, f* Affirms that, as clearly shown in the report of the Special Representative, the situation existing in El Salvador demands chat all Salvadonan pal ties concexnea work together towards a comprehensive negotiated political solution in order to bring about the appropriate conditions for the full exercise of civil, political, economic, social and cultural rights and for the establishment of a Government elected through free and unhampered elections, 9. Urges the competent authorities in LI Salvador to establish the conditio necessary to enable the judiciary to uphold the rule of law and urge11 further the judiciary to prosecute and punish those, responsible foi acts of violence and for violations of human rights and fundamental freedoms 10 Calls again upon all Salvadonan parties to co-operate fully and not to interfere with the activities of humanitarian organizations dedicated to alleviating the suffering of the civilian population wherever these organisations operate in El Salvador, 69/ United ilations, Treaty Series, vol. 75, pp 11 Decides to extend the mandate of the Special Representative for another year and requests him to present his report on further developments in the situation of human rights in El Salvador to the General Assembly at its thirty-eighth session and to the Commission at its fortieth session, ·*-2* Requests the Secretary-General to give all necessary assistance to the Special Kepreaentative of the Commission, 1 3 - Calls upon the Government of El Salvauor as well as all otner parties to extend their full co-operation to the Special Representative of the Commission 14. Decides to consider the question of human 1ignts m fortieth session as a matter of high priority. 1983/3O- El Salvador at its Question of the violation of human rights and fundamental freeaoms m any part of the world, with particular reference to colonial and other dependent countries and territories ~ Situation of human rights in Poland JO I The Con ission on Human lights, Reaffirmin° the principles enshrined in the Charter of the United Nations and the Universal Declaration of Human Rirhts, ·mined to remain vigilant uith regard to violations of human rights ·jheraver they occur, Recalling General Assembly resolution 57/200 of 18 December 1982, in which the Assembly urged States to co-operafce uith the Commission on Human Rights in its study of the violation of human rights and fundamental freedoms m any part of the Re :alling also its own resolution 3982/26 of 10 March 19' Deeply concerned by the continued reports of widespread violations of human rights and fundamental freedoms in Poland, including the imposition of severe punishments under martial law procedures on numerous persons accused of violating martial law and tne dissolution of a democratically based trade union movement supported by a majority of Polish workers, 1 Thanks the Secretary-General and Mr. Hugo Gobbi for the report on the human rights situation m Poland, 71/ prepared in accordance with Commission on Human Rights resolution 1982/26, ^* Deplores the attitude of the Polish authorities m not co-operating with the Commission on Human Rights over the implementation of its resolution 1982/?6, _£0/ Adoptea afc the 52nd meeting on 8 March 1983, by , 19 to 14, with 10 abstentions. See chap. X. 71/ E/CW.4/1983/18. oil-call vote < 5Reaffirms the right of the Polish people to pursue its political, social and cultural development, free from outside interference, Decides to request the Secretary-General or a person designated by him to update and complete the thorough study of the human rights situation in Poland requested in its resolution 198?/26, based on such information as he may deem relevant, including coraments and materials the Government of Poland may wish to provide, and to present a comprehensive report to the Commission at its fortieth session, 6. Reiterates its request to the Government of Poland to extend its co-operation to the Secretary-General or the person designated by him; TDecides fco continue its consideration of the situation of human rights and fundamental freedoms m Poland at its fortieth session. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories 72/ The C01 on on Human Rights, Recalling its resolutions 28 (XXXVII) of 11 March 1981 and 1982/30 of 11 March 1982 on the role of the right and responsibility of individuals, groups and organs of society to promote and protect human rights, Noting with satisfaction the adoption by the Sub-Commission on Prevention of Discrimination and Protection of Minorities of resolution 1982/24 on this subject, 1. Welcomes the Sub-Commission's decision to prepare draft principles on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, taking into account information solicited from Governments, specialized agencies, regional intergovernmental organizations and non-governmental organizations m consultative status with the United Nations, 2. Looks forward to receiving the report of the Sub-Commission on this subject, containing the draft principles, together with its views and recommencfaticrs; 5* Decides to undertake, Sub-Commission's report, and as on the right and responsibility promote and protect universally at its forty-first session, on the basis of the a matter of priority, work on a draft declaration of individuals, groups and organs of society to recognized human rights and fundamental freedoms. 72/ Adopted at the 52nd meeting, on 8 March 1983, without a vote. See chap. X. 1983/32. Question of the violation of human rights ant^ fundamental freedoms in any part of the world;, with particular reference to oolonial and other dependent countries and territories - Situation in Equatorial Guinea 73/ The Commission on Human Rights 1 Recalling its resolutions 15 (XXXV) of 13 March 1979, 33 (XXXVl) of 11 March 1980, 31 (XXXVII) of 11 March 1981 and 1982/34 of 11 March 1982 concerning the situation of human rights in Equatorial Guinea, Recalling that the Economic and Social Council, in its resolution 1982/36 of 7 May 1982, took note of the plan of action proposed by the Secretary-General on the basis of recommendations submitted by Mr. Fernando Volio Jime*nez, the expert appointed by the Secretary-General pursuant to Commission on Human Rights resolution 33 (XXXVI), Further recalling that the Economic and Social Council, in its resolution 1982/36, requested the Secretary-General, with expert assistance if necessary, to discuss with the Government of Equatorial Guinea the role that the United Nations could play in the implementation of the plan of action and invited the Government of Equatorial Guinea to co-operate with the Secretary-General in that respectj 1. Takes note of the report of the Secretary-General 7 j j j 7 submitted in pursuance of Economic and Social Council resolution 1982/36, which describes the progress made by the Secretary-General in implementing the plan of action, 2. Recommends the following draft resolution to the Economic and Social Council for adoption, [For the text, see chap. I, sect. A, draft resolution V ] . 1983/33. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial^and other dependent countries and territories - Situation of human rights m Bolivia 75/ The Commission on Human Rights, Conscious of its responsibility to examine situations of violations of human rights and fundamental freedoms wherever they occur and for as long as such situations give rise to international concern, 73/ Adopted at the 52nd meeting, on 8 March 1983, without a vote. See chap. X. J±/ E/CN.4/1983/17. 7 _ 5 _ / Adopted at the 52nd meeting, on 8 March 19d3, without a vote. See chap. X. Recalling its resolution 1982/33 of 11 March 1982 on the situation of human rights in Bolivia, which provided for the extension for another year of the mandate of the Special Envoy appointed pursuant to its resolution 34 (XXXVII) of 11 March 1981, Welcoming the establishment by peaceful means, on 10 October 1982, of a constitutional Government in Bolivia, Having; carefully examined the study by the Special Envoy 76/ and the observations of the Government of Bolivia thereon, 77/ Welcoming the continued co-operation extended by the Government of Bolivia to the Special Envoy, Noting the observation by the Special Envoy that consideration of the case of Bolivia, as provided for in its resolution 34 (XXXVII), should be concluded, Considering that the United Nations should be prepared to consider providing assistance to any nation emerging from a period of human rights violations, if that nation so requests, in order to contribute to respect for human rights and fundamental freedoms, 1. Expresses its gratitude to Mr. Hector Gros Espiell for the manner in which he carried out his mandate as Special Envoy, 2. Motes with satisfaction the conclusion of the Special Envoy that, in the period under review and particularly since 10 October 1932, the constitutional Government of Bolivia has demonstrated a complete respect for human rights, 3. Welcomes the creation by the constitutional Government of Bolivia of a national commission to investigate cases of disappearances, 4. Notes with satisfaction the determination of the constitutional Government of Bolivia to take the necessary measures to ensure that a thorough investigation of all past violations of human rights is undertaken with a view to establishing responsibility through due process of law, 5Welcomes the accession by Bolivia, in 1982, to the International Covenants on Human Rights and the Optional Protocol to the International Covenant on Civil and Political Rights, 7_£/ E/CN. 4/1983/22. X]_f E/CW.4/1983/22/Add.l 6. Requests the Secretary-General to provide advisory services and other forms of appropriate human rights assistance as may be requested by the constitutional Government of Bolivia; 7* Decides to conclude its consideration of the human rights situation in Bolivia established in its resolution 54 (XXXVII). 1983/34* Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights in the Islamic Republic of Iran 78/ The Commission on Human Rights, Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights, Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international instruments in this field, Recalling General Assembly resolutions 36/22 of 9 November 1981 and 37/182 of 17 December 1982 on the practice of arbitrary or summary executions, Recalling also General Assembly resolution 36/55 of 25 November 1981, proclaiming the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Recalling further its own resolution 1982/27 of 11 March 1982, in which the Commission inter alia urged the Government of the Islamic Republic of Iran to respect and ensure the rights of all individuals within its territory and subject to its jurisdiction, Mindful of resolution 1982/25 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Taking note of the edict of the Government of the Islamic Republic of Iran of 16 December 1982 calling for the correction of judicial abuses, 78/ Adopted at the 52nd meeting, on 8 March 1983, by a roll-call vote of 17 to 6, with 19 abstentions. See chap. X. - 164 - Having carefully examined the report of the Secretary-General 79/ and the relevant sections in the report on summary or arbitrary executions, 80/ Encouraged by the report of the Secretary-General 81/ in which he announces a mission of his representative to the Islamic Republic of Iran, providing an opportunity to clarify further the situation of human rights xn that country, 1. Expresses its profound concern at the continuing g/*ave violations of human rights and fundamental freedoms in the Islamic Republic of Iran as reflected in the report of the Secretary-General, and particularly at the evidence of summary and arbitrary executions, torture, detention without trial, religious intolerance and persecution, in particular of the Baha'is, and the lack of an independent judiciary and other recognized safeguards for a fair trial, 2. Urges once more the Government of the Islamic Republic of Iran, as a State party to the International Covenant on Civil and Political Rights, to respect and ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in that Covenant, $· Request-a the Secretary-General or his representative to continue direct contacts with the Government of the Islamic Republic of Iran on the grave human rights situation prevailing in that country, including the situation of the Baha'is, 4Requests also the Secretary-General or his representative to submit to the Commission on Human Rights at its fortieth session a comprehensive report on the direct contacts and the human rights situation in the Islamic Republic of Iran including conclusions and suggestions as regards the respect for human rights and fundamental freedoms in that country, 5. Requests once more the Government of the Islamic Republic of Iran to extend its co-operation to the Secretary-General or his representative, &· Decides to continue its consideration of the human rights situation the Islamic Republic of Iran at its fortieth session. m 22/ 80/ 81/ E/CN.4/1985/19E/CN.4/1983/16. E/CN.4/1983/52. -165 - 1903/35 Question of trie violation of human rights and fundamental freedoms In any part of the world w^th particular reference to colonial and other dependent countries and territories - Human rights and mass exoduses 82/ Thj3_Comraission on Human Rights^ Mindful of its mandate under the Charter of the United Nations to promote and ^ncourage respect for human rignts and fundamental freedoms, Deeply disturbed by the continuing scale and magnitude of exoduses of refugees and displacements of population in many regions of the world, Conscious that human rights violations are among the principal factors m complex and multiple causes of mass movements of population, the Concerned by the heavy burden imposed by these movements of population upon the international conmmity as a whole, first-asylum countries and particularly upon the developing countries with limited resources of their own, Recalling its resolution 30 (XXXVI) of 11 March 1980, 29 (XXXVII) of 11 Mirch 1981, 1902/32 of 11 March 1982 and General Assembly resolutions 35/196 of 15 December 1980 and 37/186 of 17 DGcoiibor 1982, Recalling further General Assembly resolution 32/130 of 16 December 1977, Having considered the study of the Special Rapporteur on human rights and mass exoduses, 63/ Having noted the contnents on the 3tudy expressed by Governments, the Secretary General of the United Nations, United Nations agencies or departments, specialized agencies, international organizations and non governmental organizations, 84/ Mindful of the value, in view of the importance of the subject, of the largest possible n ber of Governments expressing their opinions on the study, 1 Solemnly reaffirms its solidarity with the millions of victims of m s s ^xoduses and displacements of population, 2. Calls upon all States fully to respect and promote established and universally recognized principles of international law and practice guaranteeing protection and assistance to such victims, 02/ 03/ 84/ Adopted i t the 52nd meeting, on 8 March 1983, without a vote E/CN.4/1503. E/CN.4/1983/33 and Add.l. : Chip X 3. Recognizes the important contribution the Special Rapporteur'3 study can make to the development of international thinking on tho pressing problem of mass exodu3os and their causes; 4. AcKnowledges that the recommendations in the Special Rapporteur's study could possibly contribute to the prevention of further mass movements of population and to the mitigation of their consequences; 5. Again requests those Governments which have not yet done so to communicate to the Secretary-General their opinions on the 3tudy and on the recommendations made therein; 6. Invites tho Secretary-General in his report pursuant to General Assembly resolution ^1/lB6 to propose, on the basis of his consideration of these recommendations as well as such opinions as Governments have submitted and may submit, the deliberations of the CoLfiraission at its thirty-ninth session and of the Group of Governmental Experts on International Co-operation to Avert Mew Flows of Refugees, effective international co-operative arrangements to address and alleviate those root causes of miss novemonts of population related to violations or suppression of human rights, taking into account existing organs, skills and resources in the United Nations system; 7* Decides to keep under review at its fortieth sossion the problem of human rights and miss exoduses. 1983/36. Question of tho violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories - Sunnary or arbitrary executions 85/ The Commission on Human Rights, Recalling its resolution 1982/29 of 11 March 19S2 on the question of summary or arbitrary executions, Recalling al30 Economic and Social Council resolution 1982/35 of 7 May 1982 and General Assembly resolution 37/182 of 17 December 1982 on the problem of summary or arbitrary executions, Recommends the following draft resolution to the Economc and Social Council for adoption: EFor the text, see chap. I, sect. A, draft resolution VI.] 85/ Adopted at the 52nd nesting, on 8 March 1983, without a vote. See chap. X. - 167 - 1983/37· Question _ > f the violation of human rlght3 and fundamental freedoms in any part if the world, with particular reference to colonial and other dependent countries and territories ~ Situation of hunin right3 in Guitenala 86/ The Con us u ion on Huiian Rights, Reiterating that the Governments of all Member States have an obligation to proiiote and protect hunan rights and fundamental frcedois, Conscious of its responsibility to take action with regard to situati ns of gross vi jlati : > n s of hunan rights and fundamental freedoms wherever they occur, Recalling its resolution 1982/31 of 11 March 1982, Noting General Assembly res lution 57/184 of 17 December 1982, Recalling in particular its request that a Special Rapporteur be appointed to lake a thorough study of the hunan rights situation in Guatemala, MAing the repeated assurances if the Government )f Guatemala that it would co-operate with a Special Rapporteur, Hoting the numerous rep rts which have been submitted to the Centre f ;r Hunan Rights f the United Nations Secretariat relating to the continuing, serious vi lations f hu n n rights and fundamental fr^cdons m Guatemala, Disturbed by recent reports of executions on orders of special courts in spite of the ann^unc^ient by thv. Government jf Guatenala that such exccuti ns would bo suspended suspended, 3. Calla u^on the Government jf Guatemala tc suspend immediately any 4 Calls upon Gcvernments to refrain from supplying arns and other nilitary assistance as Ion as serious hunan ri hts violations in Guataiala continue to be reported, 86/ Adiot^d at the 52nJ neotin-, on 8 March 1983, by 1 roll-call vote of 27 to 4s with 12 abstentions Sec chap. X. 5Appeals to all parties concerned in Guitomli to ensure the application of International h u r n n i t i m n rules of law to k rotect the civilian opulation and to seek an end to all acts jf violence; ^Calls on representatives of and to investigate relatives of their tho Governnent of Guatenal" to facilitate the entrance of the International Conruttcc of the Red Cross m t tho country the fate > _ f disappeared pers >ns with i view to informing their whereabouts, 7Expresses its disappointment that a Special Rapporteur of the Commission has not been m a position to make a thorough study f the hunan n hts situation m Guatonala for presentation to the Commission at its thirty ninth session, 8 Requests once - y a m that the Chairman appcint with the shortest possible delay, after consultation with the Bureau, a Special Rapporteur of the Commission whose mandate will be to make a thorough study of the human rights situation m Guatemala, based on all information which he may deem relevant, including any comments and information which the Government of Guatemala may wish to submit, 9Requests that the Special Rapporteur present an interim report to the General Assembly at its thirty-eighth session and a final report to the Commission at its fortieth session, 10 Trusts that the Government of Guatcnala will fulfil its stated intention of co-operating with the Special Rapporteur, 11 Requests tho Secretary-General to give all necessary assistance to the Special Rapporteur, 12. Decides to continue the examination of the situation of hunan rights and fundamental fi ^,edons in Guatemala at its fortieth session 1983/38. Question of hunan rights m Chile 8j_/ The Connission on Hunan Rights, Aware of its responsibility to pronote and encourage respect for human rights and fundanental freedons for all, and resolved to renain vigilant with regard to violations of hunan rights wherever they occur, Enphasizing the obligation of all Governnont3 to respect and protect hunan n g h t 3 and to fulfil the responsibilities they have accepted under various international instruments, 87/ Adopted at tho 52nd necting, on 8 March 1983, by a roll-call votv. of 29 to 6, with 8 abstentions See chap. III. - I69 · Rooil.li.nfc lto resolution 11 (XXXV) of 6 M-irch 1979, in which it decided to ippunt a Special Rapporteur on the situation of human rights In Chile, and its resolution 1982/25 of 10 March 1982, in which it decided to extend the mandate of the Special Rapporteur for one more year, as well as General Assembly resolutions 33/173 of 20 December 1978 on disappeared persons and 37/183 of 17 December 1982 on the situation of human rights in Chile, Expressing its grave concern that there is no improvement in the situation of human rights in Chile, as established by the Special Rapporteur m his reports, and that none of the repeated appeals made by the General Assembly and the Commission on Human Rights for the restoration of rights and fundamental freedoms have been heeded by the Chilean authorities, who persist in their refusal to co-operate with the Special Rapporteur. Noting that the Chilean authorities have announced that they will permit the return of thousands of exiles to their country, but concerned at the same time that they have imposed conditions restricting fundamental rights and that they have executed this policy m a manner which frequently results m refusal to those persons of permission to return, thus hampering the right of re-entry to their country, 1. Commends the Special Rapporteur for his report on the situation of human rights in Chile, prepared in accordance with resolution 1982/25 of the Commission on Human Rights, 88/ 2. Reiterates its grave concern at the persistence of serious and systematic violations of human rights in Chile, as established by the Special Rapporteur, and, in particular, at the disruption of the traditional democratic legal order and its institutions, through the institutionalization of the state of emergency and the existence of a constitution which does not reflect the will of the people freely expressed and whose provisions not only fail to guarantee human rights and fundamental freedoms but seriously limit their enjoyment and exercise, 3Also reiterates its grave concern at the ineffectiveness of the remedies of habeas corpus or amparo and of protection, owing to the fact that the judiciary in Chile does not exercise its full powers in this respect and performs its functions under severe restrictions, 4. Urges the Chilean authorities to put an end to the state of emergency under which serious and constant violations of human rights are occurring, and to re-establish the principle of legality, democratic institutions and the effective enjoyment and exercise of rights and fundamental freedoms, in accordance with the commitments entered into by Chile in various international instruments, 5. Likewise appeals once again to the Chilean authorities to investigate and clarify the fate of the persona who have disappeared reportedly for political reasons, to inform their families of the results of the investigation and to prosecute and punish those responsible for such disappearances, 88/ E/CN.4/1983/9. 6, Urges again the Chilean authorities to put an end to intimidation and persecution, as well as to arbitrary arrest and detention in secret places and to the practice of torture and other cruel, inhuman or degrading treatment which, on occasion, lead to unexplained deaths, J. Calls once^ again upon the Chilean authorities to respect the rights of Chileans to live in their country and to enter and leave it freely, without restriction or subjection to any condition, and to put an end to the practice of relegation (confinement with forced residence) and of forced exile, particularly of those who take part m trade union or academic activities or activities connected with the defence of human rights, 8. Appeals once again to the Chilean authorities to restore the full enjoyment and exercise of labour rights, especially the right to form trade unions, the right of collective bargaining and the right to strike, 9. Calls again on the Chilean authorities to respect the rlphts intended to preserve the cultural identity and to improve the social condition of the indigenous population, 10. Again requests the Chilean authorities to co-operate with the Special Rapporteur and to submit their comments on his report to the Commission on Human Rights at its fortieth session, ^' Decides to extend the mandate of the Special Rapporteur for a year and requests him to report on the subsequent development of the situation of human rights in Chile to the General Assembly at its thirty-eighth session, and to the Commission on Human Rights at its fortieth session, 12. Recommends to the Economic and Social Council to make appropriate arrangements to ensure that sufficient financial resources and staff are provided to implement this resolution, 13- Decides to consider at its fortieth session, as a matter of high priority, the question of human rights m Chile. 1983/39. Communications concerning human rights 89/ The Commission on Human Rights, Bearing in mind those provisions prohibiting discrimination on grounds of sex in the Charter of the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, Recalling Economic and Social Council resolutions 728 F (XXVIII) of 30 July 1959 and 1235 (XLII) of 6 June 1967, 89/ Adopted at the 53rd meeting, on 9 March 1983, by a roll-call vote of 30 to 4, with 8 abstentions. See chap, XXII. Bearing in mind the co-ordination function assigned to the Commission by the Economic and Social Council in its resolution 1979/36 of 10 May 1979, Recalling also Economic and Social Council resolutions 76 (V) of 5 August 1947 and 304 I (XI) of 17 July 1950 concerning the mandate of the Commission on the Status of Women to receive at each regular session a list of communications relating to the status of women, Taking note of paragraph 274 °f the Programme of Action for the Second Half of the United Nations Decade for Women, 9Q_/ in which it was emphasized that the ability of the Commission on the Status of Women to consider communications should be improved, Noting in particular the resolution adopted on 4 March 1982 by the Commission on the Status of Women $!_/ in which that Commission reaffirmed its desire to continue to consider communications on the status of women and made proposals to that effect to the Economic and Social Council, 92/ Recalling also Economic and Social Council resolution 1980/39 of 2 May 1980 and Economic and Social Council decision 1982/122 of 4 May 1982 by which the Commission was requested to submit to the Council its views on how communications relating to the status of women should be handled, talcing into account its own procedures, · * · · Decides, pursuant to the request of the Economic and Social Council, to submit the following views for consideration by the Council (a) Implementation in the Commission on the Status of Women of a procedure for considering communications concerning the status of women, such as that provided for in draft resolution X contained in the report of the Commission on the Status of Women, 93/ would be a useful complement to the procedures established in the Commission on Human Rights for the consideration of communications concerning violations of human rights; (b) In implementing such a procedure, efforts should be made to encourage co-ordination between the various organs of the United Nations which are in receipt of communications, and to avoid unnecessary duplication, decision to examine at its forty-first gosaion, as 1 natter of priority, the question of the exorcise by youth of all their hunan rights and fundamental froodoru, including the right to education and the right to work. 1983/47Advisory services in the field of human rights - Assistance to Uganda 112/ Thj Conni33ion on Hunan Rights, Recalling General Assenbly resolutions 35/103 of 5 December I98O and 36/213 of 17 December 1931 on assistance for the reconstruction, rehabilitation and developnent of Uganda, Recalling ilso its own resolutions 30 (XXXVII) of 11 March 1981 and 1982/37 of 11 March 1982 as wall as Economic and Social Council doci3i3ns 1981/146 ~f 8 May 1981 and 1982/139 of 7 May 1982, C msiderinfi tho neod to take into due ace Hint the inportance of assistance designed tr help the Government jf Uganda to continue guaranteeing the enjoyn^nt if hunan rights and fundamental frecdons, Mindful of tho need... in the areas of hunan rights indicated by the Government of Uganda m respect if which a3si3tanoe c ,uld be provided, Hoting with satisfaction the efforts of the Government and people of Uganda to restore in that country a democratic system respectful of human rights and fundamental freedoms, Welcoming the endeavours of the Government and the people of Uganda aimed at the reconstruction, rehabilitation and development of their country, Noting with satisfaction the contact already established between the Secretary-General and the Government of Uganda with a view to the implementation of ita resolution 1982/37 and Economic and Social Council decision 1932/139, 112/ Adopted at the 54th meeting, on 9 March 1983, without a vote. chap. XXI. See 1 Requests the Sc^i etary '"oneral to continue his contacts with the Governffiert of Uganda m order to provide, within the framework of the programme of advisory services, all appropriate assistance to help the Government of Uganda to take measures to continue guaranteeing the enjoyment of human riphts and fundamental freedoms, paying particular attention to the areas spelled out in Commission resolution 198?/37 and Economic and Social Council decision 1982/139 2 Inyitas all States, specialized agencies and United Nations bodies, as well as humanitarian and non-governmental organizations, to lend their support and assistance to the Government of Uganda in its efforts to guarantee the enjoyment of human -ifht-3 and fundamental freedoms, 3. Decides to review this question at its fortieth session under the agenda 3 ten Advisory services m the field of human rights" in the li'jht of the report of the Sec-e-Gdry-General on the implementation of the present resolution. 1983M8. Question of the human rights of all persons subjected to any form of detention or imprisonment, in particular torture and other cruel, inhuman or degrading treatment or punishment 11^/ The Com ussion on Human Rights Having in mind General Assembly resolution 37/193 of 18 December 1982, by which the Commission was requested to complete as a matter of the highest priority, at its thirty-ninth session, the drafting of a convention against torture and other cruel, xniuraan or degrading treatment or punishment, and Economic and Social Council iQsolution 1982/38 of 7 May 1982, by which the Council authorized a meeting of an open-ended workxnp group of the Commission on Human Rights for a period of one week prior to the Commission's * " urty-ninth session to complete the work on a draft convention against torture and other cruel, inhuman or degrading treatment or Recalling that such a draft convention was discussed in a working ^roup prior to and during the thirty-ninth session of the Commission but that it was not found possible to complete the work during that session, Motinpwith satisfaction the progress made by the open-ended working group on the draft convention during the thirty-ninth session, Desiring1 to make arrangements to expedite the work on the draft convent LO with a view to its early adoption, 1. Recognizes that it is advisable to continue the work on the draft convention m a worl ing group which should meet before the fortieth session of the Comnission 113/ Adopted at the 54th meeting, on 9 March 1983( without a vote. chap. VIII. See ^* Decides to accord the highest priority to the consideration of this question at its fortieth session, 3. Recommends the following draft resolution to the Economic and Social Council for adoption [For the text, see chap. I, sect, ft, draft resolution VIII.J 1933/^. Further promotion and encouragement of human rights and fundamental freedoms, including the question of the programme and methods of work of the Commission, alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human ngh&S | and fundamental freedoms - Question of the establishment of a post of United Nations High Commissioner for Human Rights 114/ The Commission on Human Rights, Recalling General Assembly resolution 32/l?0 of 16 December 1977 and in particular paragraphs 1 (e) and 1 (f) thereof, in which the Assembly decided that the approach to the future work with respect to human rights questions should take into account, inter alia, that m approaching human rights questions within the United Nations system, the international community should accord, or continue to accord, priority to the search for solutions to the mass and flaprant vio3ations of human rights of peoples and persons affected by situations such as those resulting from apartheid, from all forms of racial discrimination, from colonialism, from foreign domination and occupation, from aggression and threats against national sovereignty, national unity and territorial integrity, as well as from the refusal to recognise the fundamental rights of peoples to self-determination and of every nation to the exercise of full sovereignty over its wealth and natural resources, and that the realization of the new international ^oonomic order is an essential element for the effective promotion of human rights and fundamental freedoms and should also be accorded priority, and bearing in mind the study carried out by the Sub-Commission on Prevention of Discrimination and Protection of Minorities on possible terms of reference for the draft mandate of a United Nations High Commissioner for Human Rights, Recalling its resolution 1982/22 of 10 March 1982, by which it requested the Sub-Commission to formulate a first study on possible terms of reference for the mandate of a High Commissioner for Human Rights, and also its resolution 1982/40 of 11 March 1982, Recognizing that violations of human rights and fundamental freedoms in any part of trie world are of concern to the United Nations, 114/ Adopted at the 56th meetinp, on 10 March 1983, by a roll-call vote Of 24 to 11, with 7 abstentions. See chap. IX. Believing that the seriousness of violations of human rights often calls for nore timely and effective respond ; by the Una ted Nations, Recognizing once a^ain the desirability 'ability that major decisions concerning concerni the organization and operation of the United Nations system for the promotion and orotection of human rights should be adopted on the basis of the widest possible apreement wnieta takes account of different views expressed by Member States, m c M e r to ensure their effectiveness. effectiveness i. 1 TLT_LJ _ .. -- ~-i i- _ .. J7"_ J_1~_ £_-l^._ -- 1 1. Takes note with appreciation of resolution 1982/27 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in which the Sub-Commission submitted its proposals on this matter, 2. Considers these proposals as a valuable contribution to the further consideration of this important question and invites the Sub-Commission to resubmib them to the Coraraisaion at its fortieth session taking fully into account tha elements in oaragraoh 1 of Commission resolution 1982/22, the comments made in the Commission at its thirty-ninth session and the present resolution, together with any further oomnsnts and recommendations that it deems appropriate, 3. Decides to continue consideration of the question of the establishment of a United Nations Hi of the Charter of the United Nations, Recognizing that the United Nations system has a special responsibility under the Charter to be a centre for harmonizing actions towards these ends, Believing that it Is desirable to enhance the promotional activities of the United Nations system in the field of human rights in all regions, Reaffirming also its belief that progress in the promotion and protection of human rights is assisted by programmes of teaching, education and Information in the field of human rights, Conscious that, in observing during 1983 the thirty-fifth anniversary of the adoption of the Universal Declaration of Human Rights, special efforts should be made to enhance public knowledge of human n p h t s , 1. Requests all Governments to take action which they consider appropriate to facilitate publicity regarding United Nations activities in the field of human rights, with particular reference to the work of the Commission on Human Rights and the expert bodies working in the field; 3. Welcomes the establishment of the programme for the dissemination of international instruments on human rights, 4Requests the Secretary-General to continue to report each year to the Commission on the implementation of this programme, taking into account also trie measures requested in its resolution 1983/17 of 22 February 198?, 5. Recommends once a°-ain that the United Mations Secretariat develop a compilation of translations, including translations in languages other than official United Nations languages, of international instruments on human rights, particularly the International Covenants on Human Rights, and invites those Governments which have such translations to forward copies to the Centre for Human Rights, 6. Reiterates its request to the Secretary-General concerning the establishment of small reference libraries containing material of scholarly and puolic interest in the field of human rights in Unlfced Nations offices, givin" priority to establishing 3uch libraries in developing countries, ?· Requests the Secretary-General to take all appropriate measures to enhance and further develop the promotional and public information activities of the Centre for Human Bights in order to enable it better to carry out its functions as a lead agency within the United Nations system on human rights matters, - 185 - 8. lather requests the Secretary-General to present to the Commission at its fortieth session a report on the promotional activities of the United Nations in the fueld of human rights in the various regions of the world and to suggest ways and m ans of enhancing these activities, 9" Also requests the Secretary-General to continue to k^-ep the Commission informed on the "elaboration and implementation of the programmes referred to in his previous reports, and to this _nd to submit to the Commiosion at its fortieth 3esslon a more comprehensive and analytical report covering the ·step^ taken to implement this resolution, as well a^ a sunmary of the activities of the United Nations information centres in disseminating information on human rights, including recommendations on how tho-30 activities might bo further enhmced, 10 Decides to continue its consideration of this question it it3 fortieth s ssion under the agendi item "Further promotion and encouragement of hunin rights ind fundamental freedoms, including the question of the progra-ine ind nethods of work of the Commission, alternative approiches and ways and neins within the United Nations system for improving the effective enjoyment of hunin rights ind fundmentil freedoms". 1983/51. further promotion ind encouragement of humin rights ind fundimentil freedoms, including the question jf the progrirrme ind methods of work of th Commission, ilternative approaches ind ways ind neins within the United Nations system for improving tho effective enjoyment of humin rights and fundamentil freedoms^ 116/ HUT The Com-iissi > ! on Right's, Recillmg all relevant General Assembly resolutions, Bearing m mind the co~ordinition function -assigned to the C mmission by th^. Ec^n^mic and Social Council m it3 resolution 1979/36 of 10 May 1979, R oilling ils its resolution 1982/40 of 11 March 1982, in which it decided tj continue it its thirty-ninth session its ongoing work on tho jver-sll inalysis with a view tc further promotion and encouragement >f humin rights and fundamental freMoms, including the question of progrimmes an1 methyls cf wirk of the C^nnissim m l ilt_rnitive ipprnches incl ways ind moans within the United Nituns syst^n for lmprsvin? the effective onj jytnent of human rights ind fundamental freelora^, H tinj the contribution that this onjoinj work nay make to the efforts within th"1 United Nations system for improving the effective enjoyment of hunin rights and fun linentil fr edoms, Attichin-, inportmce to improving the functioning cf the oxi=itin^ organs within the Unite Nations syatoni loilmg with the promotion an! protection of hunin riphto, Aijpte' it the 56th meeting, on 10 Mirch 19 without 1 v to. See Conscious of th<* need to review periodically the programme and activities of the Commission on Human Rights and other bodies dealing with human rights within the United Nations system with a view to improvinp the effective enjoyment of human rights and fundamental freedoms, !· Notes with appreciation that the report of the open-ended uoriinp group 117/ established during its thirty-ninth session contains a number of ideas which merit consideration by the Commission, 2. Notes also that differing views were expressed inter alia on the Questions of the intersessional role of the Bureau, emergency ses 30ns of the Commission, the creation of a post of United Nations High Commissioner for Hunan Rights, the possible review of the Commission's terms of reference, the long-tern programme of work of the Commission, and the usefulness of the working group 3. Decides, in the context of Economic and Social Council decision 19S2/156, to renew its recommendation to the Economic and Social Council to consider, in the light of the increasing frequency of the discussions in the Commission, th<* proposals made and the varying views expressed at the thirty-ninth session of the Commission, the possibility of rescheduling the annual session of the Commission with a view to enabling the Commission to meet later in the year and providing Inter alia for a longer interval between the annual session of the General Assembly and the following session of the Commission on Human Rights, 4» Considers, on tlie basis of the experience at this session, that fcimelimits for statements have a useful role to play in facilitating the conduct and completion of the work of the Commission, 5. Decides to continue at its fortieth session its ongoing work on the over-all analysis with a view to further promotion and encouragement of human rights and fundamental freedoms, including the question of programmss and methods of work of the Commission and alternative approaches and ways and means within the United Hations system for improving the effective enjoyment of human rights and fundamental freedoms, 6. Decides to establish at its fortieth session an open-ended workmp T o u p to continue the analysis referred to above and to make concrete recommendations to the Commission on Human Bights, 7. Decides to consider at its fortieth session the amount of time to be allotted to the working group, giving priority m this respect to those issues which appear to offer the best prospects of early agreement, 117/ E/CN.4/1985/64. - 187 - 8. Decides also to review at its fortieth session, taking into account the work done by the working group, the continuation of the work of the group; 9Requests the Secretary-General to bring the present resolution and the relevant chapter of the report on its thirty-ninth session to the attention of the General Assembly, through the Economic and Social Council. I983/52. Question of a convention on the rights of the child 118/ ThQ Commission_on Human Rights Bearing in mind the draft convention on the rights of the child submitted by Poland on 7 February 1978) 119/ the amended version of the draft submitted on 5 Octobor 1979 to the Commission on Human Rights 120/ and the document submitted on 7 Octobor 1981 by Poland to the General Assembly at its thirty-sixth session, 121/ Recalling General Assembly resolutions 33/166 of 20 18 Octobor 1979, 35/131 of 11 December 1980, 36/57 of 25 of 18 December 1982, by which the Assembly roquyoted the to continue to give tho highest priority to tho question convention on the rights of the child, December 1978, 34/4 of November 1981 and 37/190 Commission on Human Rights of completing the draft Recalling also its reqolutlora 20 (XXXIV) of 8 March 1978, 19 (XXXV) of 14 March 1979, 36 (XXXVI) of 12 March 1980, 2o (XXXVII) of 10 March 1981 and 1982/39 of 11 March 1982, and Economic and Soci il Council decisions 1980/138 rf 2 May I98O and 198I/I44 of 8 May 1981 and resolutions 1978/18 of 5 May 1978, 1978/40 of 1 August 1978 and 1982/37 of 7 May 1982, by which it authorized a mooting of an open-ended working group for a period of one week prior to the thirty-ninth session of the Commission to facilitate the completion of the work on the draft convention on the rights of tho child, Hoting the further progress made by the open-ended working group during its me-week meeting prior to the thirty-ninth session of the Commission, Noting also the widespread interest in working out a comprehensive international convention on the rights of the child displayed by numerous Governments ind intermtional organizations, 1Decides to continue at its fortieth session, as a rmtter of the highest priority, its work on tho elaboration of the draft convention on the rights of the child, with a view to completing the drift at that session for transmission, through the Economic and Social Council, 11 the General Assembly; 118/ chap. XI. 119/ 120/ 121/ Adopted it the 56th neetin/;, on 10 March 1983, without a vote. Commission resolution 20 (XXXIV), annex. E/CN.4/1349. A/C.3/36/6. See 2 * Requests the Economic and Social Council to authorize a one-week session of an open-ended working ^roup prior to the fortieth session of the Commission on Human Rights to facilitate and speed up completion of the work on a draft convention on the rights of the child; 3Recommends the following draft resolution to the Economic and Social Council for adoption: [For the text, see chap. I, sect. A, draft resolution IX.] 1985/53* Rights of persons belonging to national, ethnic, religious and linguistic minorities 122/ The Commission on Human Rights, Recalling its resolutions 14 (XXXIV) of 6 March 1973, 21 (XXXV) of 14 t&rchl979, 37 (XXXVI) of 12 March 1930, 21 (XXXVII) of 10 March 1981 and 1982/3O of 11 March 1982, Having taken note with appreciation of the report of the Uorking Group 123/ sat up by the Commission to consider the drafting of a declaration on the rights of persons belonging to national, ethnic, religious and linguistic minorities, l * decides to consider at its fortieth session the agenda item "Rights of persons belonging t° national, ethnic, religious and linguistic minorities"; 2. Decides to establish at its fortieth session an open-ended working group to continue consideration of the revised draft declaration proposed by Yu^slavia, 124/ taking into account all relevant documents. 122/ Wopted at the 56th meeting, on 10 March 1983, without a vote. chap .ICIX. & 123/ 124/ E/CN.4/1983/«2?"~ E/CH.4/Sub.2/L.734. See - 189 - B. 1983/IOI. Decisions Organization of work 125/ (a) The Commission decided to set up informal open-ended working groups for the consideration of agenda item 10 (a), 11, 1? and 21. In accordance with Commission resolution I982/4O1 under agenda item 11, the Commission further decided to establish a working group of 10 members to consider the possibility of rationalizing the agenda of its fortieth session, (b) The Commission also decided to invite the following persons to participate in its meetings· (i) In connection with item 5' ^ r « Abdoulaye Dieye, Special Rapporteur of the Commission on the situation of human rights in Chile; In connection with item 6- Mr. Annan Arkyin Cato, Rapporteur of the Ad Hoc Working Group of Experts on violations of human rights in southern Africa; In connection with item 10 (b)" Viscount Colvilee, Chairman-Rapporteur of the Uorkin^ Group on Fnforced or Involuntary Disappearances In connectjon with item 12: Mr. Hector Gros Espiell, Special Envoy of the Commission on the human rights situation in Bolivia, In connection with item 12: Mr. Jose Antonio Pastor Bidruejo, Special Representative of the Commission on the situation of human rights in Dl Salvador; In connection with item 12: Prince Sadruddin Aga Khan, Special Rapporteur of the Commission on the question of human rights and mass exoduses, In connection with item 12: Mr. Hugo Gobbi, Representative designated by the Secretary-General to follow the human rights situation in Poland; In connection with item 12: Mr. S. Amos VJako, Special Rapporteur of the Commission on questions relating to summary or arbitrary executions; In connection with item 12 (b): representatives of States in respect of which situations are being considered under Economic and Social Council resolution 1503 (XLVIII); In connection with item 20: Mr. Benjamin Mhitaker, Special Rapporteur of the Sub-Commission to update the report on slavery. (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) 125/ Adopted at the 2nd meeting, on 1 February 1983. See chap. XXVIII. 1983/10?. Additional meeting time 126/ The Commission decided to convey to tha Economic and Socia] Council, raoptinoin organisational session m Mew York, a request that the Council authorize 15 additional serviced meetings for the Commission at its current session, pivinf the reasons behind the request. 1983/103. Question of human rights in Guatemala 127/ Taking into account that in resolution 1982/31 of 11 March 1^82, trie Commission decided to continue the examination of the situation of human ri^hfc^ a fundamental freedoms in Guatemala, and in view of the wish expressed that the Commission receive some information on developments in that situation sines the adoption of that resolution, the Commission decided to request the Secrstary-Gen-: to prepare a note 128/ containing a list of the material received by the Secretar. together with an indication of its contents. 1983/104 Beport of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session 7 Question of hearing and receiving information concerning torture or cruel, inhuman or deprading treatment or punishment 129/ The Commission decided to request the Sub Commission to defer the implementation of the decision contained in paragraph 17 of Sub-Commission resolution 1982/10 until consideration of the question by the Commission at its fortieth session. I983/IO5. Peport of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session l_30/ The Commission decided to postpone consideration of draft resolution VI recommended by the Sub-Commission on Prevention of Discrimination and Protection < Minorities in its report {E/CN.4/I983/4). 126/ Adopted at the 4th meeting, on 2 February 1983, by 2? votes to 7, with 4 abstentions. See chap. XXVIII. 127/ 123/ Adopted at the 9th meeting, on 7 February 1983. Subsequently issued as E/CW.4/1983/47. Sec See chap. XXVIII. 12£/ Adopted at the 48th meeting, on 4 March 1983, without a vote. chap. XVIII. lgO/ Adopted at the 48th meeting, on 4 March 1983, without a vote. Sac chap. XVIII. 1983/106. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories 131/ The Commission decided that draft resolution IV recommended by the Sub-CoTimission on Prevention of Discrimination and Protection of Minorities in its reoorfc (E/Crf.4/1983/4) should be sent back to the Sub-Commission for further consideration in the light of the comments made by the Commission at it3 thirty-ninth session. 1983/107. Question of human rights in Cyprus 132/ The Commission decided that the debate under agenda item 12 (a), entitled "Huestion of human rights in Cyprus", should be postponed to the fortieth session of the Commission and be given due priority at that session, it bein? understood that action required by previous resolutions of the Commission on this subject, should continue to remain operative, including the request to the Secretary-General to provide a report to the Commission regarding their implementation. 1983/108. Further promotion and encouragement of human rights and fundamental freedoms, including the question of the programme and methods of work of the Commission; alternative approaches and_ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms 133/ The Commission, having noted with appreciation the report 134/ of the 'forking Group of 10 members established under Commission on Human Rights resolution 1982/40 of 11 March 1982, decided, in view of the recommendations set forth in paragraph 12 of that report: (a) rights"; To delete from Its agenda the item "Communications concerning human (b) To consider the item "Human rights and scientific and technological developments" on a biennial basis, beginning at its fortieth session, xn the ll^hfc of work carried out In the Sub-Commission on Prevention of Discrimination and 131/ chap. X. 132/ chap. X. 153/ chap. ix. 134/ Adopted at the 52nd meeting, on 8 March 1983, without a vote. Adopted at the 52nd meeting, on 8 March 1983, without a vote. See See See Adopted at the 56th meeting, on 10th March 1983, without a vote. E/CN.4/1983/65. (o) To consider the item "The role of youth in the promotion and protection of human rights, including the question of conscientious objection to military service" on a biennial basis, beginning at its forty-first session, in the light of work carried out in the Sub-Commission, (d) To consider at its fortieth session the need to re-establish the Working Group. 1985/109. Organization of the work of the session 135/ The Commission, taking into account the heavy schedule of work of the Commission and its sessional working groups and the need to give adequate consideration to all the items on the agenda, and recalling that in previous years the Economic and Social Council had approved the Commission's request for additional meetings for its thirty-seventh, thirty-eighth and thirty-ninth sessions, decided (a) to recommend to the Economic and Social Council that it authorize 20 fullyserviced additional meetings, including summary records, for the Commission's fortieth session, and (b) to request the Chairman of the Commission at its fortieth session to make every effort to organize the work of the session uithin the normal allotted time, the additional meetings that the Economic and Social Council may authorize to be utilized only if such meetings prove to be absolutely necessary. 1983/IIO. General decision concerning the establishment of a workin group of the Commission to examine situations s referr referred to the Commission under Economic and Social Council resolution 1505 (XLVIII) and those situations of which the Commission is' seized 1%&_/ ' The Commission decided, subject to the approval of the Economic and Social Council, to set up a working group composed of five of its members to meet for one week prior to its fortieth session to examine such particular situations aa might be referred to the Commission by the Sub-Commission on Pr vent-ion of Discrimination and Protection of Minorities at its thirty-sixth session under Economic and Social Council resolution 1503 (XLVIII) and those situations of hich the Commission was seized. 155/ Adopted at the 56th meeting, on 10 March 1983, by 29 9 abstentions. See chap. XXVIII. otes to none, W 136/ Adopted at the 40th (closed) meeting, on 28 February 1985, without a vote. At the 58th meeting, on 11 March 1983, it was agreed that this decision should be made public. See chap. X. - 193 - 1983/Hl. Composition of the Group of three members of the Commission who are also representatives of States parties to the International Convention on the Suppression and Punishment of the Crime of Apartheid to consider reports submitted by States parties in accordance witi^ article VII of the Convention Yffl The Commission took note of the announcement by the Chairman that the representatives of Bulgaria, Mexico and Zaire would form the Group of three members of the Commission who are also representatives of States parties to the International Convention on the Suppression and Punishment of the Crime of Apartheid G O consider reports submitted by States parties in accordance with article VII of the Convention. 1983/112. Question of the human rights of persons subjected to any form of detention or imprisonment 15^7 The Commission decided to postpone to its fortieth session the consideration of draft resolution V recommended by the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CK.4/1983/4, chap. I, sect. A, draft resolution V ) . 1983/113. Draft provisional agenda for the fortieth session 15g/ The Commission took note of the draft provisional agenda for the fortieth session. 157/ Adopted at the 58th meeting, on 11 March 1983, without a vote. chap. XIV. Sae 138/ Adopted at the 32nd meeting, on 22 February 1983, by 41 votes to none. See chap. VIII. 139/ Adopted at the 58th meeting, on 11 March 1983, without a vote. chap. XXIV. See XXVIII A. ORGANIZATION OF THE THIRTY-NINTH SESSION Opening and duration of the session 520. She '"'ommission on Human Bights held i t s -thirty-ninth session at the United Nations Office a t Geneva from 31 January to 11 March 1983. 521. The session was opened (1st meeting) by Mr. Andreas Ch. Pouyouros (Cyprus), Vice--Chairman of the Commission a t i t s t h i r t y - e i g h t h session, who made a statement m the course of vhich he welcomed the following members of the Commission ele«ted or r e - e l e c t e d for a three-year term, by the Eoonomic a&d Social Council on 6 May 1962 (Council decision 1982/126): Bangladesh, Colombia, Costa Rica, Cyprus, Finland, I n d i a , Ireland, Libyan Arab Jamahirxya, Mozambique, Netherlands, Nicaragua, Ukrainian Soviet S o c i a l i s t Eepublic, Union of Soviet S o c i a l i s t Republics, United Republic of Tanzania. The Director-General of the United Nations Offna at Geneva welcomed the p a r t i c i p a n t s on behalf of the Secretary--General. The Assistant Secretary-General, Centre for Human Eights, then made a statement. 522. At the 21st meeting, on 15 February I983, the Secretary-General of the United Nations, Mr. Javier Pe'rez de Cuellar, addressed the Commission. 523. She session was attended by representatives of 43 States members of the Commission, by observers from other States Members of the United Nations, by observers from non-member States and by representatives of specialized agencies, regional intergovernmental organizations, national l i b e r a t i o n movements and non-governmental organizations. &n attendance l i s t i s given i n annex I below. C. Election of officers 524- At i t s 1st and 2nd meetings, on 31 January and 1 February 1983j the Commission elected the following officers by acclamation. ChairmanVice-Chairmen: l/ Mr. Olara A. Otunnu Mr. Francis Mahon Hayes Mr. Ghaleb Z. Barakat Mr. Antonio Gonzalez de Leon Rapporteur: D. Agenda Mr. Valeri P. Kbutohussky (Uganda) (Ireland) (Jordan) (Mexico) (Ukrainian SSE) 525. The Commission had before i t the provisional agenda for the t h i r t y - n i n t h session (E/Clir.4/1983/1) drawn up, m accordance with rule 5 of the rules of procedure of the functional commissions of the Economic and Social Council, on the basis of the d r a i t provisional agenda considered by the Commission a t i t s t h i r t y - e i g h t h session i n accordance with paragraph 3 of Economic and Social Council r e s o l u t i o n I894 (LVIl), \J The Vioe-Chairmen are l i s t e d i n the English alphabetical order of the names of the countries they r e p r e s e n t , - 195 - 526. At i t s 1st meeting the Commission considered the piovisional agenda. At the same meeting, on the basis of a proposal by Yugoslavia, i t was decided to add an item 8(c) entitled "The right of popular participation xn i t s various forms as an important factor in development and in the realization of human rights". At the same meeting the representative of the Federal Republic of Germany stated his understanding that the question of elaborating a second optional protocol to the International Covenant on Civil and P o l i t i c a l Eights, aiming at the abolition of the death penalty, would be discussed under agenda item 19. At i t s 42nd meeting, on 1 March 1983, the Commission decided to add an item to i t s agenda entitled "Election of a member of the Sub-Commission on Prevention of Discrimination and Protection of Minorities". The agenda, as adopted, i s given in annex I I below. E. Organization of work 527. At i t s 2nd and 3rd meetings the Commission considered the organization of i t s work. Bearing in mind the respective priority of the various items and the availability of the relevant documentation, the Commission accepted the recommendation of i t s officers to the effect that the following items should be considered jointly: Items 6, 7, 16 and 18; items 8 and 19j item 10 and subitem 10 (b). I t was also agreed that members could address themselves to item 9 when considering item 4* The Commission further agreed to consider the items on i t s agenda in the following order: 4> Si 9} 6 > 7 > 16, 18 i 8, 19; 10, 10 (b); 20; 22; 5; 12; 25; 15 J 245 11; 23} H i 17; 10 (a); 13J 21; 26; 27. 528. At i t s 2nd meeting the Commission decided to establish informal open-ended working groups for the consideration of items 10 (a), 13, 11 and 21. In accordance with Commission resolution 1982/40, under item 11, the Commission also established a working group of 10 members to consider the possibility of rationalizing the agenda of i t s fortieth session. The following were appointed members of the working group of 10: Argentina, Australia, Cuba, India, Ireland, Japan, Senegal, United Republic of Tanzania, Union of Soviet Socialist Republics, Yugoslavia. 529. At i t s 2nd meeting, upon the recommendation of i t s officers, the Commission decided to invite the following persons to participate m i t s meetings: (a) In connection with item 6, Mr. A. Cato, Chairman-Rapporteur of the A d Boo Working Group of Experts on violations of human rights in southern Africa; (b) In connection with item 10, Viscount Colville of Culross, ChairmanEapporteur of the Working Group on Enforced or Involuntary Disappearances} (c) In connection with item 20, Mr. Benjamin Whitaker, Special Rapporteur of the Sub-Commission to update the Report,on Slavery; (d) In connection with item 5» M r > A. Dieye, Special Rapporteur on the situation of human rights m Chile; (e) In connection with item 12: m relation to item 12 (b), representatives of States in respect of which situations are being considered and any nominees of the Commission m connection with this item; m respect of the general aspects of item 12, Mr. Hector G-ros Espiell, Special Envoy on the situation j.n Bolivia; Mr. J.A. Pastor Ridruejo, Special Representative on the situation m 1 1 1 Salvador; Prince Sadruddin Aga Khan, Special Rapporteur on human rights and massive exoduses; -196 - Mr. S. A m o s Wako, bpecial Rapporteur on questions relating to summary or arbitrary executions, and Mr. Hugo Gobbi, Representative designated by the Secretary-General to follow the human rights situation m Poland. 530. For the text of the decision, see chapter XXVII, section B, decision I983/IOI. 531. At i t s 9th meeting, on 7 February 1983j upon the recomirendation of i t s officers, the Commission adopted a decision to request the Secretariat to prepare a note containing a l i s t i n g of the material on the situation m Guatemala, together with an indication of i t s contents (E/CN.4/1983/47). 532. For the text of the decision, see chapter XXVII, section E, decision 1983/103. 533. At i t s 2nd meeting the Commission accepted the following recommendations by i t s officers with regard to the limitation of statements: (a) result of an appeal by the Chairman, members agreed to r e s t r i c t themselves to 20 minutes per statement on each item and to 10 minutes for further statements on the same item; (b) with regard to observers, the following restrictions would apply: statements by observers were to be kept within a limit of 15 minutes; States observers would m addition have the right to make a second statement on the same item, i t being understood that the second statement would be limited to 10 minutes, except that for those to w h o m a report made specific reference the limit would be 15 minutes; (c) statements by non-governmental organizations would be limited to 10 minutes and to one statement per item, (d) as regards the right of reply, the practice followed by the General Assembly would apply, namely, a limitation to two r e p l i e s , 10 minutes for the f i r s t reply and five minutes for the second reply. 534. At i t s 3rd meeting the Commission adopted a decision by vote on a proposal by Ireland 2/ that the Commission request the Economic and Social Council to authorize 15 extra fully-serviced meetings at the current session. O n 14 February 1983 the Chairman informed the Commission that the Council had decided to authorize the Commission to hold 15 extra fully-serviced meetings, without s ummary re cords. 535. For the text of the decision, see chapter XXVII, section B, decision 1983/102. 536. At i t s 56th meeting, on 10 March 1983, the Commission had before i t a draft decision by the representative of Brazil to recommend to the Economic and Social Council that i t authorize 15 fully-serviced additional meetings, including summary records, for the Commission's fortieth session. The representative of Canada proposed an amendment by which the number of meetings would be changed from 15 to 20. The amendment proposed by the representative of Canada was adopted by 21 votes to 6, with 10 abstentions. The draft decision, as amended, was adopted by 29 votes to none, with 9 abstentions. 537. For the text of tile decision, see chapter XXVII, section B, decision I983/IO9. F. Meetings, resolutions and documentation 538. The Commission held 58 meetings. 2/ The vote, taken at the request of the UbbE, was as follows: m favour, 7 against an* 4 abstentions. - 197 - 23 votes 539* The resolutions and decisions adopted by the Commission at i t s thirty-smith session are contained m chapter XXVII of the present report, Draft resolutions and decisions for action by the Economic and Social Council are set out in chapter I . 540* Annex I I I contains estimates of the administrative and programme budget implications of the Commission's resolutions and decisions prepared in accordance with rule 28 of the rules of procedure of the functional currants ions of +ha Economic and Social Council. 541. Annex IV contains a l i s t of documents issued for the thirty-ninth session of the Commission. - 198 - ATTENDANCE Members Mr. D. Gabriel 0. Martfnez, Mr. Santos N. Martfnez,* Mr. Marcelo Colombo Murua,ft* Mr. Alberto L. Daverede,** Mr. Juan F. Gomensoro,fi* Mr. Juan J. Arcuri,a)[ Mr. Juan V. Sola,fiS Mr. Roberto Lopez Delgado,flit Mr. Jorge Bullo Perea,Ktt Mr. Raul Fernandez Schoo,i!i! Mr. Roberto J. Rodriguez,** Mr. Atilio N. Molteni*!® Mr. P. N. Hutton, Ms. Erika Feller,H Mr. Joe Thwaites,* Mr. Steven Bailey, Mr. Charles Woodhouse'-5 Mr. Abu Sayeed Chowdhury, Mr. A. K. H. Morshed,K Mr. Syed Noor Hosaain,^ Mr. Alimul Haque)H' Mr. Carlos Calero Rodrigues, Mr. Gilberto Vergne Saboia,)S Mr. Alfonso Emilio de Alencastro Massot, e Mr. Renato Xavier^ Mr. Borislav Konstantinov, Mr. Nicola Stoimenov/ Mrs. Roumiana Dermendjieva,* Mr. Emil GolemanoVj5Jii Mr. Nicolay Karakolev"5 Mr. Yvon Beaulne, Mr. J. F. Tanguay,s Mr. Richard McKinnon,aih Mr. J. P. Carrier,^ Mr. Daniel Dhavernas, K * Mr.Roderick Bell, a * Mrs. Hanna Jensen,** Mrs. Enid Page,ifiE Miss Chantal de Varennes*' Mr. Li Luye, Mr. Ma Longte,* Mr. Li Daoyu," Mr. Chou Hsien-chueh,B Mr. Gu Shiyun,B Ms. Zhang Yanling,5' Ms. Guo Yanhui,* Ms. Tu Y m g , * Mr. Chen Shiqiu,® Ms. Yao Ying,JEft Ms. Tu Lifang,*"' Mr. Wu Shanxiu,lHi Miss Chen Yuzhen sa Colombia Hr. Hector Charry Samper, Mrs. Angela Herran,® Mr. Ciro Alfonso Arevalo51 * ·fc Alternate. Adviser. - 199 - rfr. Elias Soley Soler, Mr*s. Emilia Castro de Barish,s Mr. Ruben Hernandez,5 Mr. Luis Carlos Delgado Murillo, Mr. Jorge Rhenan* Mr. Luis Soli Vila, llr. Julio Heredia Perez,5 Mr. Angel Victor Gonzalez Perez* Cyprus Mr. A. Mavrommatis, Mr. Andreas Ch. Pouyouros,55 Mr. A. Pirishis,* Mr. Chr. Yiangou,Ha/ Mr. C h a n s Theodorou*W Mr. Ross I. V. Ligairi Finland Mr. Heikki Talvitie, Ms. Marjatta Rasi,* Mr. Alpo Rusi, 9 Mr. Kim Laine,« Mr. Ilkka Uusitalo," Mr. Hannu Kyrdlainen* Mr. Claude-Albert Colliard, Mr. Robert de Souza,* Mr. Alain Pierret,* Mr. Jacques Le Blanc,*1 Mr. Louis Giustetti,** Mr. Jean-FranQOJ.s Bouffandeau,M Miss Sylvaine Carta,!E Mr Gambia Mr. F. R. C. Blain, Mr. 0. A. J. Mahoney* Germany, Federal Republic of Mr. Wolfgang Behrends, Mr. Korbert Lang,fi Mr. Gerd Massmann,5*3 Mr. Karl Borchard,*a Mr. Wolfgang Stiller,'"* Mr. Julius Boblnger,** Mr. Ulrich Dreesen,1*^ Mr. E. Schober,!E* Mr. Hans-Hemrich Mahnke** Michel Treutenaere,* Miss Elisabeth Ponroy* Mr. Jonas K. D. Foil, Mr. Annan A. Cato,* Mr. A. J. B. McCarthy,*8 Mr. Y. Addo-Daaku»s India Mr. B. R. Bhagat, Mr. Muchkund Dubey,* Mrs. Lakshmi Puri,iS Mr. Mohan Kumar s a/ b/ Until 15 February 1983. As from 15 February 1983. Mr. Francis Mahon Hayes, Mr. Declan 0'Donovan, Mr. Richard O'Toole,-* Mr. Michael Craddoak** Ms. Anne Anderson,* hr. Giuseppe Walter Maccotta, Mr. Onofrlo S o l a n Bozzi,^ Mr. Arnaldo Squillante,*i! Mr. Enrico de Mdio,lMS Mr. Francesco Rausi,fiW Miss Maria Antonietta Cao~PInna,<* Mr. Claudio Zanghi,!H! Miss Ginevra Letizia,"* Miss Maria Teresa FalcettaSiSS Japan Mrs. Sadako Ogata, Mr. Shunji Kobayashi,* Mrs. Hisami Kurokochi, Mr. Naoharu Fujii,fi« Mr. Hideaki Asahi,"*5 Mr. Koichl Sakamoto,iH! Mr. Hatsuhiko Shigemltsu,*'* Ms. Tomoko Katsuno!!ft Mr. Ghaleb Z. Barakat, Mr. Tarek Madi,ft Miss Lina Tukan,ffl Mr. Khalil Abdel-Hahimtt Libyan Arab Jamahiriya Mr. Ali A. Treiki, Mr. Youssef M. Arebi, * Mr. Abdalla Yaaly,**1 Mr. Massaud El 0ufan,ttfi Mr. Mousa Drouji,ivi' Mr. Abdussalem Sergiwa,** Mr. Milad A. M. Gasmi,Wii Mr. Omar E. Hmoudah!E! Mr. Antonio Gonzalez de Le6*n, Mr. Alberto Szekely,s Miss Orpha Garrido** Mozambique Mr. Murade Isaac Murargy, Mr. Daniel Antonio,il Mr. Eduardo Jose Baciao Koloma,*5 Mr. Jose Castiano de Zumbire" Netherlands Mr. Mr. Mr. Mr. Peter H. Kooijmans, Mr. Herman Burgers,* Mr. Roelof R. Smit,® Trans van Dongen,i(li Mr. Hans J. Heinemann, BK Mr. Jaap A. Walkate,Sit Antome F. van Dongen,55* Mr. Hans van den Dool, w * Mr. Teunis Kamper,5 Cees Roels,l[* Mr. I. Jansen*1* Mr. Leonte Herdocia Ortega, Mr. Victor Selva Gutierrex," Mr. Cesar Vega Masis, f Mr. Orlando Guerrero Mayorga,"* Mrs. Liliam Lealaif Mr. Agha Hilaly, Mr. Mansur Ahmad,* Mr. Rafat Mahdi,55 ivr Mr. Salman Bashir® Philippines Mr. Armando D. Hanalo, Ms. Rosalinda V. Tirona,* Mrs. Victoria S. Bataclan* Poland Mr, Adam Lopatka, Mr. Henryk Sokalaki,® Mr. Jerzy 2awalonka,K Mr. Wlodzimierz Kalinowski ,!l Mr. Ryszard Rysinaki'f Rwanda Mr. Alphonse Sebazungu, Mr, Chnstophe Habimana" Senegal Mr. Alioune Sene, Mr. Abdoulaye Dieye,* Mr. Ousmane Tanor Dieng,* Mr. Samba Mbodj, '' Mr. Mouhamed El Moustapha Diagne,* Mr. Ibrahima Sy,* Mr. Samba Cor Konate,® Mr. Mamadou Moustapha Ndiaye,* Mr. Laity Kama' Togo Mr. Koffi Adjoya Uganda Mr. Clara A. Otunnu, Mr. James Obol-Ochola,i[ Mr. Christopher Tweaxgye,* Mr. John Baptist Okumu,! Mr. Bernard Odoch-Jato5'1 Ukrainian SSR Mr. Ivan Sergeevicti Khmel, Mr. Valeri P. Koutchinsky,! Mr. Alexandre M. Ovsiouk," Mr. Youri F. Malko Union of Soviet Socialist Republics Mr. Mr. Mr. Mr. V. S. P. K. A. V. I. G. Z o r m , Mr. V. H. Sofmsky,*5 Mr. D. V. Bykov,* Mr. K. F. Gutsenko,' Chernichenko,* Mr. B. D. Linkov,S!l Mr. G. P. Antonov,ltJ( Baulm,*'f Mr. S. B. Nikiforov,''* Mr. M. A. Kaitchouk, · > » Guevorguian,tt!! Mr. T. A. Bagirovi(H United Kingdom of Great Britain and Northern Ireland Viscount Colville of Culross, Sir P. H. R. Marshall," Mr. R. C. Fursland/ Mr. C. W. Long,aii Miss S. Foulds,*1* Mr. B. D. Adams, 8 * Mrs. K. Colvin,vit Mr. H. Kylesil* United Republic of Tanzania Mr. Wilbert K. Chagula, Mr. W. H. Sekule," Mr. E. F. E. MtangoH United States of America Mr. Richard Schifter, Mr. Warren Hewitt,s Mr. Walter Berns,® Mr. Geoffrey Swaebe,! Miss Heidi August, 5 * Mr. Stephen R. Bond,*'1 Mr. Thomas A. Johnson, <# Mr. John W. MaeDonald,*5' Mr. Patrick J. Flood BS Uruguay Mr. Carlos Giambruno, Mr. Fedenco Grunwaldt Ramasso,35 Mr. Carlos A. Fernandez Ballestreros, BB Mr. flicardo Gallardo,**'5 Mrs. Graziela Dubra,* Mr. Carlos Nadal,1** Mr. Alvaro Moerzinger,5'15 Mrs. Sara Saragosa,if* Mr. Ramon Malvasio Laxague,aj Mr. Romeo A. Minoli**4 Mr. Aleksandar Bozovic*, Miss ZagorUa Ilic,1 Mrs. Marija Djordjevic,K Mr. Zeljko JerkicB Mr. Bagbeni Adeito Nzengeya, Mrs. Esaki Ekanga Kabeya,*f Mr. Dzankon Demeteni,a Mr. Lisembe Elebe,1* Mr. Lokwa Bula's Zimbabwe Mr. Stephen Cletus Chiketa, Mr. Galilee Jess Jani* States Members of the United Nations represented by observers Afghanistan, Algeria, Austria, Bahrain, Belgium, Bolivia, Burundi, Byelorussian SSR, Cape Verde, Congo, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, German Democratic Republic, Greece, Guatemala, Haiti, Honduras, Hungary, Indonesia, Iran (Isl.amic Republic o f ) , Iraq, Israel, Ivory Coast, Kenya, Kuwait, Luxembourg, Madagascar, Malaysia, Mongolia, Morocco, New Zealand, Nigeria, Norway, Panama, Peru, Paraguay, Portugal, Qatar, Romania, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab flepublic, Thailand, Tunisia, Turkey, United Arab Emirates, Venezuela, Viet Nam, Yemen United Nations Council for Namibia, representing Namibia Non-member States represented by observers Holy See, Republic of Korea, Switzerland United Hatlons bodies Office of the United Stations High Commissioner for Refugees, Special Committee against Apartheid - 203 - Specialized agencie, International Labour Oi p-amsation, United Nations Educational, Scientific and Cultural Organization Regional mteffove 1 Council of Europe, Leapue of Arab States, Organization of African Unity, Organization o f American States National liberation movements African National Congress, Palestine Liberation Organization, Pan Africamst Congress of Azania, South West Africa People's Organization fion-governmental organizations in consultative status International Alliance of Women, International Confederation of Free Trad Unions, International Council of Women, International Council on Social T._L . _ J _.. _ 1 in~-i . L 2 _._ _ . d T\. J 1 Tt-- -- £· *__ T I] women a ini-ernaL-xufiai. uentoora w e reusi'at.iuii, w u n u I A M U Bum-auj.uu UJ. ijauuui-, World Federation of Trade Unions, World Federation of United Nations Associate World Muslim Congress Afro-Asian Peoples' Solidarity Organization, All-India Women's Conference, Amnesty International, Anti-Slavery Society for the Protection of Human Rights, Arab Lawyers Union, Associated Country Women of the Uorld, Baha'i International Community, Caritas Inf "rnitionali^ ' " ' n i The Ad Hoc Working Group, composed of oix experts, w u l d ra^ot for one WOL-1< in London in June/July 1983 to organize and pi -m its work in relation to the terns of its mandate and tc gather information relevant to its mandate; (b) In January 1984 the Ad Hoc Wjrking Group would meet in Geneva fur twj weeks to consider m d adept its progress report for submission to the Connis3i m at its fortieth cession; (c) A seminar would be orG-inizud in Harare, Zimbabwe, fur jnt wtek in May 1984; (d) In July/August 1984 the Adjjoo Working Group, accompanied by substantive administrative and conference servicing staff uf the Secretariat, would carry out a field mission fur a totil duration of approximately five weeks and vi3it London, Dar-es-Saluam, Lusaka, Gaberones, Harare, Luanda and Geneva for the purpose of hearing testimony and leathering first-hand information on matters falling within its mandate; (e) In January 1985, the Ad Hoc Working Group would meet again in Geneva for a period of two weeks to consider ind adopt its final report for submission to the Commission at its forty-first session. 4. On the basis of the foregoing, the relevant costs unJer section 2J (Human rights) are estinated at $56,900 for 1983, $234,000 for 1984 and $15,100 for 1985. The related conference servicing c^sts, calculated n a fullcost basis, are estimated at $54,900 in 1983, $550,300 in 1984 ani $397,200 in 1985, t_ be financed under section 29 B (Conference services, Geneva). 1281 Meeting m London, July 1983 C5 working days.) 1985 Travel and subsistence of experts Travel Subsistence Travel and subsistence of staff of the Centre for Human Rights Principal Secretary Substantive Officer Secretaries 1 1 2 2 100 Subsistence General operating expenses Rental of office facilities, rooms and office space, local transportation and communications 3 500 10 200 6 100 Meeting in Geneva, January (10 working days) ·avel m d subsistence of Travi. 1 Subsistence 6 800 3 800 10 600 Seminar in Harare, Zimbabwe, May (5 working days) Travel and subsistence of 32 participants plus 1 expert member of Ad Hoc Working Group and 3 representatives of liberation movements travel Subsistence 14 700 1984 (US dollars) Travel and subsistence of staff of Centre for Human Rights Representative of Secretary-General Substantive officers Secretaries Travel Subsistence Consultants Pe^s for background pipers General operating expanse Hospitality Total III IV. Field Mission to Africa, July/Augujt 19 3 000 4 000 500 100 900 1 1985 11 600 2 300 Travel ind subsistence of experts Travel Subsistence Travel and subsistence of staff of the Centr^ for Human Rights a _ / Principal Secretary Asoistint Secretary Administrative and Finance Officer Secretaries Travel Subsistence General operating expenses, including rental of conference rooms and office 3pace, local transportation and communications 1 1 1 2 13 500 12 600 25 500 23 700 18 000 a/ Provision of travel and subsistence of one press officer to accompany the Ad Hoc Working Group will iloo have to bo for^u^en in the amount of $5,300 under section 27 (Public information). 1983 Me ting in Ten vq (10 working days) January 1985 1984 1985 (US dell Travel and subsistence of experts Travel Subsistence Totil V Other requirements Temporary assistance for gathering inform tion, compiling mat^ri ils ind assisting in the preparation of the report (P 2 otnff member for 12 months) Tr vel m d subsistence of i pn.nb r of the Ad Hoc Working Group ccompanied by a substantive officer to participate Ii conferences, meetmgo and seminar... against apartheid, In particular tho^e org nized under the uspic-eo of the Special Committee against Apartheid (calculated or a nocionil bi^,iy of 5 working dayj for e ch trip) Tr vel and 3UbJibtence of expert 14 x $^,500) Travel ind a Ce Of sub^tait,ive officer (4 x $2, 300) Subscription & t periodicals 5 000 6 800 8 300 15 100 17 100 5 000 4 600 2 500 4 600 ? 500 n^wsp p-r s and 29 200 Sammnry (soction 23, H u m n righes) I. Meeting m London, July 1983 (5 working day^) II Meeting m G^n<~v\, Jinuary 19S4 (10 working dnyj) Seminar m Harare, Zmbibwe, May 1984 (5 working d yo) Field nlo3ion bj Africa, July/August 1984 (5 wcek^) 10 600 100 900 93 300 III IV V. Meeting n Genev^, J luary 1985 (10 working day^) VI. Other requirements 29 200 56 900 234 000 15 100 Resolution 1983/11. The adverse Co iioOquencs or the enjoyiont of hunan rights politi oil, military » e cononic and other* for is uf assistance p-iv^n tj colon 11I nd ric 1st r e g m ^s in southern Afrxca r 1. In p tragraph 8 of resolution 1983/11, the Conini^ion on H u n n Rights welcomed the decialon of the Sub-Comnission on Prevention of Diucnrnnati in and Protection of Minorities to nindato Mr. Ahriod Khalifa, Special Rapporteur, to continue to update the l i s t runtioned in paragraph 1 of t h - resolution, subject to annual review, and to jubnit th^ revised report to the Coini^^ion, thr ugh the Sub-Conmssion. 2. The estmated requirenont^ arising $1,900 for 1983 under 3oction 23 (Hunan Geneva and subsistence fur five working consultations with the Centr*. for H u nm from the resolution are obtirnatod at rights) covering th^ co^t of travel to day., uf th~ Sped 1 Ripport ur for Right-,. Resolution 1983/13. Inpl nentation of the Progrmrie for the Decade for Action to Crobat R iciom and Racial Discrimination Resolution 1983/U. · contained in the Universal Declaration of Hun»n Rights and in the Inberriitional Covenant on Econonc, Social and Cultural Rights and study ef special problems which the developing countries face in their efforts to achieve these hunan rights 1. Under oper itive p iragraph 1 nf draft re^oluti n I reconn^ided for adoption by the Ecjnonic and SJCItl Council under Co mission n Hunan Rights resolution 1983/14, t-ho S cretary-Gencral would be requested to undertake a comprehensive analytical study on 'The right to popular participation m its v inous forn... a o an inportant factor in the full realization of all hunan rights ' and to ^ubnit a preliminary study to the Commission on Human Rights it it^ fortietn scS3ion and the final 3tudy at its forty-first j^s3ion. 2. In ordc r tc pr pare the above-nenfcioned stu y, the Seer tariat conuiderb that it will be necessary to engage an outside consultant at the P~4 lev-1 f>r a period of six nonths m 1983Accordingly, the relevant costs und^r a etion 23 (Hunan rights) are stina^J t $25,800. Resolution 1983/15. Question of th^ reall zation in all countries of the conoraic, bocial and cultural rights c ontimed in th^. Univv.r. ^al r Economic, Declaration of Human Rights ffld in the mt ernati>.nal Covenant o Social -md Cultur il Ri?ht^ and ^tudy uf 3pecial probler13 which the 1 rights d velopint countries f ice in their effort.= to achieve th^.s^. hum « 1. In p ra^riph 9 of r ^ o l u t u n 1983/15, the C o n i ^ u n on Huiin Rights locid d to r^qu ^t che Ujrki u Group jf Geverniicnt il Experts n th Right to D^vcl pneifc t j h Id twu i L u t m ^ of two w^eks each m Genv,vi, the f i r , t in Tune 1983 and the ^ cjnc in N^v^nber/DeeeTib^r 1933In p ir G^1^?" i O i the Connusiun rcquet.te \ - 215 - the Working Group to submit to the Commission at its fortieth session a report and concrete proposals for a draft declaration on the right to development. In paragraph 11, the Commission requested fche Secretary-General to provide all necessary assistance to the Working Group. 2. On the basis of the foregoing, the relevant conference servicing costs, calculated on a full-cost basis, arc estimated at $153j 100 for 1983, to be financed undar section 29 B (Conference services, Geneva) Resolution 1983/16. The new international economic order and the promotion of human rights 1. In paragraph 1 of resolution I983/I6, the Commission on Human Rights recommended that the Economic and Social Council uthonze the Sub-Commission to entrust Mr. Eide with the preparation of a study on the right to adequate food is a human right. In paragraph 2, the Commission requested theSecr-et^ry-Goneral to give the Speciil Rapporteur ill the assistance h~ may require in his work. In paragraph 3 5 it requested the Speci 1 Rapporteur to submit his preliminary report to thr Sub-Commission it its thirty-dixth s ssion and his final report to the Sub-Commitsion at its thirty-seventh session 2. The relevant costs to b_ financed under section 23 (Human rights) are estimated at $13,600 for 1983 and $13,600 for 1984, as follow^ 1983 (US dollars) 0n<- round trip to G ncv-3 m 1983 for consultations with the Centre for Human Rights 0n_ round trip to Geneva in 1984 for consultations with th^ Centre for Human Rights Six nonthb of tanporary assistance at the P-3 level (three months in 1983 and three months in 1984) 984 2 800 - 2 800 10 800 13 600 10 800 13 600 Resolution 1983/20. Question of the hum in rights of all porbons subjected to any form of detention or imprisonment, in particular question of enforced or involuntary disappearances 1. In paragraphs 2 and 3 of r^3olution 1983/20, the Commission on Hum^n Rights d-_cidi,d to extend or one y-ar the mandate of the Working Group on Enforced or Involuntary Disappearances, as laid down in Conmisbion resolution 20 (XXXVI), and requested th>. Working Group to submit to th Conmi3Jion, it it3 fortieth session, a report on ito work together with it^ concluoions ind recommendations. In paragraph b> the Commij3ion r^qu^t-t^d the Secret iry-G-neril to continue to provide the Working Group with all n^cssary assi^tanct,, m particular the staff and resources it requires to perform its functions in in ^ffectiv^ m d expeditious manner and, if necessary, to r i ike ^rrangenent^ to ^n^urv. th_ continuity of the Secretariate work. The estimate of financial implications is based on the following assumptions (b_) Ihe Working Group would nioet in Geneva in August/S^ptemb^r 1983 for period of 10 working days to receive and examine available information (c) The Working Group would m^et m Gt-nev^t in December 1983 for a period of 10 working days to examine further information and to prepare its report for submission to the Commission on Human Rights at itb fortieth session in 1984 (d) For the purpos of ot.tablishing dir-ct contacts with Governments, one membor~of the Working Group, accompanied by one .substantive officer of the Centre for Human Rights, would undi.rtike four missions (thre in 1983 and one in 1984} m addition, in V I G W of invitations received in the pabt to hold meetings closer to the pi c ^ directly concerned, the Chairman of the Working Group has aski,d that provision be made to hold meetings for a period of five working day3 during 1983 xn another country for the purpose of gathering up-to-date information, (e) A staff member at the P-3 level would be r^quir^d to provid bisic services in connection with the activiti^ of tho Working Group, to function a^ secretary of the Group during its m etings, and to assist in the preparation of th3 report to the Commission (f_) Three staff member^ at the P-2 l^v^l, as^iot^d by on^ ^ecr tary and two data entry/computer operation^ clerks would ^crv-en the information r~c>~ivod from various jource^t, including the existing backlog, and then cliJJify, anily^L. and prepare it in a usible form for th Working Group, th y would ilso deal with all the corr spondonce with tho^e involved in the procedure, (g) Computer and work processing services would b^ required to organize ind assess thv, collected data on m s o i n g persons, and to reduce ^taff coots 3On the ba3ij of the foregoing, the relevant coat^ undi_r auction 23 (Human rights) ar estimated at $206,800 for 1983 and $64,200 for 1984, including a total of $13,300 ($10,000 for 1983 and $5,300 for 1984) for fctu rental of vioual display u m t & linked to computer t^rninalj. Additional coiput^r j^rvice^ are estinated at $34,600 for 1983 and $11,500 for 1984, to be financed undtr sections 28 G ind H (Electronic Dat^ Processing and Information Syjt^nj Division and Division of Administration, Geneva), Th*_ related confi.renc^ servicing costs, cilculated on a full-cost ba3i3, ar ^^timnfced at ^263,000 for 1983 and $7,400 for 1984, to be financed under Section 29 B (ConfL,renc\. service.., Geneva), 1983 1984 (US dollars) 1. Meeting in Hew York £/ or Geneva, May/June I9S3 (5 working days) Travel and subsistence of experts Travel Subsistence 8 300 3 200 II. Meeting in Geneva, August/September 1983 (10 working days) Travel and subsistence of exports Travel Subsistence Total Mooting in Geneva, December 1983 (10 working days) Travel and subsistence of exports Travel Subsistence 8 300 6 900 8 300 6 900 15 200 IV. Four separate round trips for mombur of Working Group accompanied by substantive officer for establishment of direct contacts (calculated on a notional basis for a period of 5 working days for oach viait) Travel cost3 of member of Working Group, 4 x $2,500 Travel cost of substantive staff, 4 x $2,300 Total 7 500 6 900 14 400 2 500 2 300 b/ In the event that the mooting takes place in Nuw York, travel and jistencc for two substantive officers to service tho mooting are estimated subs: s^.finn at $3,600 (US do!lira) Moetings in another country c/ Travel and subsistence of exports Travel Subsistence Travel and subsistence of staff of the Centre for Human Rights 2 substantive officers 1 secretary Travel Subsistence General operating expenses Rental of office facilities, rooms and office space, local transportation and communications Total VI. Staffing resources to service Working Group (July 1985 to March 1984) 1 staff member at the P-3 level 3 staff members at the P-2/P-1 level 3 staff members at the General Service level VII. Other requirements Overtime for general service staff Rental of visual display units linked to computer terminals as well as purchase and installation costs of one word processing visual display unit Total VIII. Computer services d/ Data entry, programming data, storage production costs TOTAL 34 600 34 600 11 500 11 500 2 500 2 11 500 2 500 9 900 1 900 5 °°° 30 800 11 700 51 300 54 200 10 800 25 700 17 100 Total 107 200 53 600 500 10 000 12 500 3 300 TOTAL 206 800 64 200 c/ d/ For costing purposes, based on Costa Rica. These costs are to be incurred under sections 28 G and H. - 219 - Resolution 1985/22. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-fifth session 1. Undt,r paragraph 7 of resolution 1983/22, the Commission on Human Rights invited the Sub-Commission to be present, through it3 Chairman or another member it may designate, at the consideration of its report during the fortieth session of the Commission. 2. The relevant costs under section 23 (Human rights) are estimated at $3,200 for 1984. Resolution 196J/24* Report of the Sub-Commission on Prevention of Discrimination -uid Protection of Minorities at its thirty-fifth session - Updating of the study on the question of the prevention and punishment of the crime of genocide 1. Under operative paragraphs 1 and 2 of draft resolution III recommended for adoption by the Economic and Social Council under Commission on Human Rights resolution 1983/24, the Sub-Commission on Prevention of Discrimination and Protection of Minorities would be requested to appoint one of its members as Special Rapporteur with the mandate to revise, as a whole, and update the study on the question of the prevention and punishment of the crime of genocide and, in addition, to consider and to submit to the Commission on Human Rights at its fortieth session, m 1984, the aforementioned revised and updated study. 2. The relevant costs to be financed under section 23 (Human rights) are estimated at $27,300 for 1983 and $2,800 for 1984, as follows 1983 1984 (US dollars) One round trip of Special Rapporteur for consultations with the Centre for Human Rights and subsistence for three working days Travel to Geneva for the thirty-sixth session of the Sub-Commission {if the Special Rapporteur is no longer a member) Travel to Geneva for the fortieth session of the Commission on Human Rights S±y months of temporary assistance at the P.3 level 2 800 2 800 - 2 800 21,700 27 300 2 800 Resolution 1985/25. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities at ita thirty-fifth session - Updating of the Report on Slavery 1. Under resolution 1983/25, the Commission on Human Rights recommended to the Economic and Social Council that the report prepared by %·. Benjamin Hhitaker, Special Rapporteur, entitled "Updating of the Report on Slavery submitted to the Sub-Commission m 1966" should be printed and given the widest possible distribution, including distribution m Arabic. 2. The relevant costs, calculated on a full-cost basis, for the translation into and typing in Arabic are estimated at $13,000 for 1983 to be financed under section 29 B (Conference Services, Geneva) and the printing in Arabic, English, French, Russian and Spanish at $15,800 for 198^, to be financed under section 25 (global printing programme). Resolution 1985/29. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights in El Salvador 1. Under paragraph 11 of resolution 1983/29, the Commission on Human Rights decided to extend the mandate of the Special Representative for another year and requested him to present hie report on further developments in the situation of human rights in El Salvador to the General Assembly at its thirty-eighth session and to the Commission on Human Rights at its fortieth session. 2. For the purpose of determining the financial implications of the resolution, the following assumptions have been made (a) In May/June 1983, for a period of five working days, the Special Representative would undertake a trip to Geneva for the purpose of holding consultations with the Centre for Human Rights and to organize and plan his work in relation to his mandate, (b_) In July/August 1?83, for a period of 10 working days, the Special Representative, accompanied by two staff members from the Centre for Human Rights, would carry out a mission to El Salvador for the purpose of collecting information on the spot, (c_) In September/October 1985, for a period of five working days, the Special Representative would travel to Geneva m order to finalize his repoit, (d) In Movember/December 1983» for a period of five working days, the SpeciaF Representative would travel to New York to present his report to th3 General Assembly at its thirty-eighth session, (e) In February/March 1984, for a period of five working days, the Special Representative would travel to Geneva to present his report to the Commission on Human Rights at Its fortieth session, (f) One substantive officer at the P-3 level would be required on a temporary assistance basis to assist m the preparation of the information collected and in the preparation of the final report 1985 1984 (US dollan3) 1 _ round trip to Geneva of Special Representative in May/June 1983 for consultations with the Centre for Human Rights Cy w o r k m p days) Travel and subsistence of Speciaj. Representative Field mission to El Salvador of Special Representative in July/August 1983 (10 working days) Travel and subsistence of Special Representative Tiavel and subsistence of two staff members from the Centre for Human Rights General operating expenses local transportation communications and rental of office facilities 1 _ round trip to Geneva of Special Representative September/October 19^3 to finalize his report (5 working days) m 1 300 4 600 7 800 1 000 Travel and subsistence of Special Representative 1 round trip to M O W York of Special Representative November/December 1983 (3 working days) m 1 300 Travel and subsistence of Special Representative 1 round trip to Geneva of Special Representative in February/March lQci4 to present his report to the Commission on Human Rights at its fortieth session Travel and subsistence of Special Representative 6 work-months of temporary assistance at the P-3 level 21 700 Total 39 500 1 300 Resolution 1985/50., Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights in Poland 1. In paragraph 5 of resolution 1983/30, the Commission on Human Rights decided to reqi ;st the Secretary-General or a person designated by him to update and complete the thi ·rough study of the human rights situation in Poland requested in Commission ·ion 1982/26, based on such information as he may deem relevant, including laterials the Government of Poland may wish to provide, and to present 'ehensive report to the Commission at its fortieth session. 2. In order to determine the programme budget implications of the resolution, the following assumptions have been made; (a_) In 1983, for a period of five working days, the person designated by the Secretary-General would undertake a trip to Geneva for the purpose of holding consultations at the Centre for Human Rights and to organize and plan his work in relation to his mandate, (b_) In September/October 1983, for a period of 10 working days, the person designated by the Secretary-General would travel to Geneva to finalize his report to the Commission on Human Rights, (c_) In February/March 1984, for a period of five working days, the person designated by the Secretary-General would travel to Geneva to present his report to the Commission on Human Rights at its fortieth session; (d_) Additional staffing resources to assist the person designated by the Secretary-General with the preparation of his report would be required for a period of four months in I983, 5. In the event that a field mission should materialize, additional costs would be incurred, as indicated in paragraph 5 below. 4. On the basis of the foregoing, the relevant costs are estimated as follows: 1983 1 round trip to Geneva of person designated by the Secretary-General for consultations ^with the Centre for Human Rights (5 working days) Travel and subsistence of the person designated by the Secretary-General I round trip to Geneva of person designated by the Secretary-General to finalize his report (10 working days) Travel and subsistence of person designated by the Secretary-General 1 round trip to Geneva of person designated by the Secretary-General in February/March 1984 to present his report to the Commission on Human Rights at its fortieth session (^.working days) Travel and subsistence of person designated by the Secretary-General General temporary assistance: 1984 (US dollars) 1 800 2 500 - 1 800 Four work-months a t P-3 l e v e l 14 4PP lb 700 - 223 - 1 800 5 In the event fcha estimated as follows 1985 1984 (US dollars) Travel and subsistence of the person designated by the Secretary-General (5 working days) Travel and subsistence of two staff member's from the Centre for Human Rights (5 working days) General operating expenses, local transportation, conununications and rental of office space 2 5°0 1 000 Total TOTAL 7· 26 100 Resolution 1985/35,« Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights in Bolivia 1. In paragraph 6 of resolution 1983/53* the Commission on Human Rights requested the Secretary-General to provide advisory services and other forms of appropriate human rights assistance requested by the constitutional Government of Bolivia. 2. The relevant costs to be financed under section 24 (Regular programme of technical co-operation), under advisory services in the human rights sector, are estimated at $7,000 for 193^ on the following basis 1983 Travel to La Paz (10 working days) Two experts to visit Bolivia in 1983 for consultations with the Government on the nature and extent of the advisory services and other forms of human rights assistance which can be provided, as may be requested 7 000 Resolution 1983/34..., Question of the violation of human rights and fundamental freedoms m any part of the world, with particular reference to colonial and other dependent countries and territories - Situation of human rights in th& Islamic Republic of Iran submit to the Commission on Human Rights at its fortieth session report on the direct contacts and the human rights situation in the Islamic Republic of Iran, including conclusions and suggestions as regards the respect for human rights and fundamental freedoms in that country 2. In order to determine the programme budget implications of the resolution, the following assumptions have been made (aj In 1983, for a period of five working days, the Representative of the Secretary-General would undertake a trip to Geneva for the purpose of holding consultations at the Centre for Human Rights and to organize and plan his work in relation to his mandate, (b) Also in I983, for a period of five working days, the Representative, accompanied by two substantive officers, would carry out a mission to the Islamic Republic of Iran for the purpose of collecting information on the spot, (cj Later m 1983, for a period of 15 working days, the Representative would travel to Geneva to finalize his report to the Commission on Human Rights, (d) In February/March 1984, for a period of five working days, the Representative would travel to Geneva to present his report to the Commission on Human Rights at its fortieth session, (e) Additional staffing resources to assist the Representative with the preparation of his report would be required for a period of four months in 1983 3. On the basis of the foregoing, the relevant costs are estimated as follows 1 round trip to Geneva of the Representative of_the Secretary-General for consultations at the Centre for Human Rights (5 working days) Travel and subsistence of the Representative Field mission to the Islamic Republic of Iran (5 working days) Travel and subsistence of the Representative Travel and subsistence of 2 substantive officers General operating expenses local transportation, communications and rental of office space 1 .round trip to Geneva of the Representative to finalise his report (15 working days) Travel and subsistence of the Representative 4 400 4 500 1983 r (US dollars) 1 round trip to Geneva of the Representative in f.^*.r.ua.ry,!!^'riL.A^.4.llJ:Q' pyeaent" his" ri'p"^'.''^?,".^6 Travel and subsistence of the Representative Commission on Human Rights at its fortieth^session (5 working days) General temporary assistance: 4 work-months at P-3 level Total 29 000 1 700 Resolution 1983/56. Question of th-3 violation of human rights^and fundamental freedoms in any part of the world, with particular referencei to colonial and other dependent countries and territories - Summary or arbitrary executions 1. Under operative paragraph 4 of draft resolution VI recommended for adoption by the Economic and Social Council under Commission on Human Rights resolution 1983/36, the Council would decide to continue the mandate of the Special Rapporteur, Mr. S.A. Wako, for another year. Under paragraph 5, the Council would request the Special Rapporteur to review the information received, taking particularly into account any new information provided by concerned Governments as well as views expressed in the Commission at its thirty-ninth session, and to submit a report to the Commission at its fortieth session. Under paragraph 7 the Council would express its appreciation to those Governments which have extended invitations to the Special Rapporteur to visit their respective countries and would urge the Special Rapporteur to respond positively to such invitations. 2. The estimate of the financial implications of the resolution are based on the following assumptions: (a_) In May/June 1983, for a period of five working days, the Special Rapporteur would undertake a trip to Geneva for the purpose of holding consultations at the Centre for Human Rights and to organize and plan his work m relation to his mandate; (b_) In October /November 1983) for a period of 10 working days, the Special Rapporteur would travel to Geneva in order to finalize his report, (c_) In February/March 1984 for a period of five working days, the Special Rapporteur would travel to Geneva to present his report to the Commission on Human Rights at its fortieth session, (d) Four work-months of temporary assistance at the P-3 level would be required to assist the Special Rapporteur in the preparation of his report, (e) For the purpose of responding to invitations from Governments, the Speciar Rapporteur, accompanied by one substantive officer, would undertake three missions during 1983. On the basis of the foregoing, the relevant costs are estimated as follows: (US dollars) : i a n i ights; 3 round trip to Geneva in May/June 1983 of Specie! Rapporteur for consultations at Centre for Human Bights C> wo/king, days) Iravel and subsistence 1 round trip to Geneva ±n Octobei/November 1985 of Special Rapporteur to prepare his report (10 working- days; ·travel ind subsistence 3 separate round trips of Special Rapporteur accompanied by substantive officer (calculated on a notional basis for a period of ! > working days for each visit) Travel costs of Special Rapporteur 3 x $2,500 Travel cost of substantive staff 3 A $2,;5OO 1 round trip to Geneva m February/March 1984 of Special Rapporteur to present his report to the Commission on Human Rights at its fortieth session (5 working days) Iravel and subsistence iemporary assistance1 P-3 level 4 work-months at the 500 7 500 6 900 500 3 boo Kegolut-Lon 1983/3?- Question of the^v1 olation of human lights and fundamental frpeuoms in any pal t of the world, with particular reference to colonial ana countrjes and territoi. Situation of human rights in Guetamala 1. In paragraph 8 of resolution L3&5/5{, the Commits]on on Human Rights requested once a^ain tnat the Chairman appoint with the shortest possible delay, after corwultdtion with th · > Bureau, A Special Rapporteur of ths Commi'jsion whose mandate will be to make a thorough study of the human rights situation in Gurtemala, based on all information which he may deem relevant, including any comments and information which the Government of Guatemala may wish to suomit. In para?*aph 9. the Commission further requested that the Special Rapporteur- present an interim report to the General Assembly at its thirty-eiphtn session and a final report to the Commission at its fortieth session ? Hi financial implicate ons rf i h TM assumpt'ors evolution are uasft) on the following (3; In Hay/June 19^Jj fof a pet uxl of five "ortin^ nays tl c Speeia^ "iipporFeur wou)d unaet ttiki. 1 t ^p to Gpne/i for the purpose of hold nr consultations at tne Centra fo11 Humai Right's anc to o«*pani^e and plar m a wo*-1 in 14- it on to his mandate (b) In July/August 1983, for a period of 10 worksng uays, the Special ftapporEeur, accompanied by two staff members f1 om tne Centre for Human Rjghts wouli carry out a mission to Guatemala for the purpose of colJeeting info nation on tne spot (c) In September/October 1983 for a period of five working d a y th" SpeciaT Rapporteur would travel to Geneva in orde to finalize hi" rapoit to the Commisajon on Human Ripht-3 at its fortieth session (d) At the thirty eighth session of the Gen-> al Assembly, for 1 psi i o^ of fi "e working days, the Special Rapporteur would ti a\ el to Hew Sfork to o«esent his interim report (<*_) In February/Harch 1984> for a period of f 1 'e working da"s the Special Rapporteur would travel to Geneva to p esent tu s rpport to the Commission on Human Rights at its fortieth session (fj Additional staffing resources to assist tht Special Raoporteur with the 1 reparation of his leports would be required for a period of four mont is in 1983 On the basis of the foregoing the relevant costs ; 1985. "(US 3 round t ) i p to Gpneva of Special flapporteui in Jfay/June 198j_for consultations witn Centre f0£ Human Rights (|) wu^tonp daysj Travel and subsistence of SpeeiiJ Rapoorteu Field mission 1 0 Guatemala of Special^! appo tfcU_- in July/August 3~9B5" tl'tf woi kin% dayaj Xravel and subsistence of Special Happo teu^ Travel and subsistence of two staff members f o m the Centre for Human Rights (10 wo 1 \.x\% days) General operating expenses Local transpoitation, communications and lental of office f a c i l i t i e s 1 round trip to Geneva of Special Rapporteur in September/October 1^8g to finalize his'report (5 working daysj Travel and subsistence of Special Rapporteur 1 round trip to Hew York_o*'. Special Rapporteur to Headquarters^ Pew ^ork, aX the thirty-eighth session of the General Assembly to_.present his interim report 2 500 Travel and subsistence of Special Rapporteur 1 round trxp to Geneva_of Specjal Rapporteur J n February/March 1984 to present.. his_i report_ to che^ Commission on Human flights at its fortieth sessi_on Cb working days) Travel and subsistence of Special Rapporteur GGneraJ_ temporary assistance_ 4 work-months at 9- 3 level 2 500 14 400 Rssoluti' Question of human_rights in^_Chile 1. In paragraph 11 of resolution 1983/38, the Commission on Human Rights decideti to extend the mandate of the Special Rapporteur for a year and requested him to report on the subsequent development of the situation of human rights in Chile to the General Assembly at its thirty-eighth session and to the Commission on Human Rigtits at its fortieth session. - 229 - 4. The Special Rapporteur would spend 10 working days in ftcw York at the time of submission of his report to the General Assembly at its thirty-eighth session. He would then visit Geneva for 10 working days in January 1984 for the purpose of hearing testimony, receiving other evidence, and finalizing his report to the Commission on Human Rights at its fortieth session. The Special Rapporteur would visit Geneva again during February/March 1984 for a period of five working days to present his report to the Commission on Human Rights at its fortieth session. The Special Rapporteur intends to conduct hearings either at Geneva, Mew York or elsewhere. 5. It is estimated that a monthly average of 190 pieces of information (reports, including press reports, articles, letters, etc.) of varying size would have to be examined and a synthesis of them prepared for the Special Rapporteur. This would necessitate the recruitment, on a temporary assistance basis, of a junior professional staff member and a secretary to assist the Special Rapporteur in the gathering of information, compilation of materials, and preparation of his report. 6. On the basis of the foregoing, the relevant costs under section 23 (Human rights) are estimated at $82,200 for 1983 and $26,000 for 1984. The related conference servicing costs, calculated on a full-cost basis, are estimated at $512,000 for 1983 and $197,500 for 1984, to be financed under section 29 B (Conference Services, Geneva). 1983 1984 (US dollars) I. Meeting in Geneva, May 1985 (3 working days) Travel and subsistence of representatives (Special Rapporteur) Travel Subsistence Travel and subsistence of participants (witnesses) Travel Subsistence 5 000 1 500 1 600 60G Total I II. Field mission to Chile: 10 working days plus 5 working days in Hew York or Geneva, summer 1983 (total 15 working days Travel and subsistence of representatives (Special Rapporteur) Travel Subsistence 8 700 3 500 2 200 - 230 - 1985 1984 (US dollars) Travel and subsistence of staff of the Centre for Human Rights Principal secretary Substantive officer Secretary Travel Subsistence Travel and subsistence of participants (witnesses) Travel Subsistence General expenses local transportation and communications, air freight for equipment and documentation, rental of equipment, miscellaneous expenses 2 100 900 1 1 1 9 300 5 000 5 000 III. In the event that the field mission to Chile does not materialize, meeting In Mew York end June 1985 (7 working days) Travel Subsistence Travel and subsistence of staff of the Centre for Human Rights Substantive Officer Secretary Travel Subsistence Travel and subsistence of participants (witnesses) Travel Subsistence 3 000 1 000 1 1 2 500 1 900 3 100 1 300 - 231 - 1985 19; (US dollars) IV * I eeting ±n Oeneva d September 19Bj (10 working Travel and ^uosistence of representativ (SpeciaJ RapDO tern?) Travel Subsistence Travel and suosistence of participants (witnesses) Travel Subsistence 5 000 1 ;>00 1 600 J 100 Total IV lravel and subsistence of representatives (Special Rapporteui to Headquarters, ·jeyi York, a t the t h i r t y - e i g h t h session of the General Assembly) (10 ·torkiry day") Tra/el Subsistence 5 100 1 / ' O O Travel and subsistence of representatives (Special Rapporteur) Travel Subsistence Travel and subsistence of participants (witnesses) Travel Subsistence 5 000 1 500 ] 600 1 J.00 VII Travel of epresentatives (Special Rapporteu ) to Geneva to fortieth session of Commission on Human Rights) (5 working days) it-aval Subsistence Total VII - 23? 1 600 600 81 .Supplementary staff to service Special Rapporteur Temporary assistance for gathering information, compiling materials and preparing the report (P~2 staff member for 9 months) Secretarial assistance (one staff member at GS level for 9 months) 1984 (US dollars) 8 500 11 400 1 000 5 700 200 Press clippings and other related services required on a yearly subscription basis 31 500 14 600 I- Meeting in Geneva, May 1983 (5 working days) II Field mission to Chile 10 working days plus 5 working days in New York or Geneva, summer 19^3 (15 working days) 8 700 28 000 III. In the event that the field mission to Chile doss not materialize meeting m New York, June 1983 (7 working days) IV. Meeting in Geneva, September 1983 (10 working days) V. Travel and subsistence of Special Rapporteur for mission to Headquarters, New York at thirty-eighth session of General Assembly (10 working days) VI. Meeting in Geneva, January 1984 (10 working days) VII. Travel of Special Rapporteur to Geneva to fortieth session of Commission on Human Rights (5 working days) (12 600) ol 9 200 4 800 el Not included in total of costs - 233 - 1983 1984 (US dollars) VIII. Supplementary staff to service Special Rapporteur, overtime, press clippings and other related services required on a yeirly basis 31 5°° 14 600 TOTflL 82 200 26 000 Resolution 19S3/4O« Implementation of the Declaration on_the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief 1. In paragraph 2 (b_) of resolution 1983/40, the Commission on Human Rights requested the Secretary-General to hold within the framework of the Advisory Services Programme in the period 1984-1985 a seminar on the encouragement of understanding, tolerance and respect in matters relating to freedom of religion or belief. 2. Assuming that the seminar would be held for a period of two weeks in Geneva during 1984-1985, the relevant costs, to be financed under section 24 (Regular programme of technical co-operation), are estimated as follows* (US dollars) Travel and subsistence of 32 participants and 3 representatives of the liberation movements Travel (based on global rate air fare) Subsistence Consultants* Hospitality fees for 3 background papers 3. In addition, the relevant conference servicing requirements under section 29 B (Conference Services, Geneva), on a full cost basis, are estimated at $171,700 in 1984. Resolution 1983/44.,, .Human rights and scientific^and technological developments Guidelines, principles and guarantees for the protection of persons detained on grounds of mental ill-health or suffering from mental disorder 1. Under operative paragraph 1 of draft resolution VII recommended for adoption by the Economic and Social Council under Commission on Human Rights resolution 1983/44> the Council would request the Special Rapporteur, Mrs. Erica-Irene Daes, expeditiously to supplement her final report containing the body of principles, guidelines and guarantees as well as the summary compilation of replies received from 2. The relevant costs, to be financed under section 23 (Human rights) are estimated at $1,500 for 1983 and $1,500 for 1984, as follows: 1983 1984 (US dollars) Travel and subsistence (8 working days) (Athens/Geneva/Athens), economy class, of the Special Rapporteur for consultations with the Centre for Human Rights m 1983 and for submission of the revised final report m 1984 l 500 1 500 Resolution 1983/48. Question of the human rights of all persons subiected to any form of detention or imprisonment, in particular: torture and other cruel, inhuman or degrading treatment or punishment 1. Under operative paragraph 1 of draft resolution VIII recommended for adoption by the Economic and Social Council under Commission on Human Rights resolution 1983/48, the Council would authorize a meeting of an open-ended working group for a period of one week prior to the fortieth session of the Commission on Human Rights to complete the work on a draft convention against torture and other cruel, inhuman or degrading treatment or punishment. 2. The relevant conference servicing requirements in 1984 under section 29 B (Conference Services, Geneva), on a full-cost basis, are estimated at $57,700. Resolution 1983/52. Question of a convention on the rights of the child 1. In paragraph 2 of resolution 1983/52, the the Economic and Social Council to authorize a working group prior to the fortieth session of facilitate and speed up completion of the work of the child. Commission on Human Rights requested one-week session of an open-ended the Commission on Human Rights to on a draft convention on the rights 2. The relevant conference servicing requirements in 1984 under section 29 B (Conference Services, Geneva), on a full-cost basis, are estimated at $57>7OO. Resolution 1983/55. Rights of persons belonging to national, ethnic, religious and linguistic minorities 1. By paragraph 1 of resolution 1983/53> the Commission on Human Rights decided to consider, at its fortieth session, the item "Rights of persons belonging to national, ethnic, religious and linguistic minorities". By paragraph 2 the Commission further decided to establish at its fortieth session an open-ended working group to continue consideration of the revised draft declaration proposed by Yugoslavia, taking into account all relevant documents. 2. The relevant conference servicing requirements in 1984 under section 29 B (Conference Services, Geneva), on a full-cost basis, are estimated at $57»7OO. Decision 1983/109' Organization of the work of the seaaion X. Under decision I983/IO9, the Commission on Human Rights decided to recommend to the Economic and Social Council that it authorize 20 fully-aerviced additional meetings, including summary records, for the Commission's fortieth session and to request the Chairman of the fortieth session of the Commission to make every effort to organize the work of the session within the normal allotted time, the additional meetings that the Council might authorize to be utilized only if such meetings proved to be absolutely necessary. Decision 1983/110. General decision concerning the establishment of a working group of the Commission to examine situations referred to the Commission under Economic and Social Council resolution lgOS (XLVIII) and those situations of which the Commission is seized 1. Under decision 1983/HO, the Commission on Human Rights decided, subject to the approval of the Economic and Social Council, to set up a working group composed of five of its members to meet for one week prior to its fortieth session to examine such particular situations as might be referred to the Commission by the SubCommiasion on Prevention of Discrimination and Protection of Minorities at its thirty-sixth session under Economic and Social Council resolution 1503 (XLVIII) and those situations of which the Commission is seized. 2. For the purpose of determining the financial implications of the decision, it has been noted that the travel expenses of the members concerned will be covered under the normal provision for the attendance of members of the Commission. Conference servicing costs to be financed under section 29 B (Conference Services, Geneva), on a full-cost basis, are estimated at $57,900 for 1984. DOCUMENPo ISOUI,J3 FOR Tlffi, 3.H1R15T NIMH SESSION OF THE COMMISSION sued i n the g e n e r a l series 1 tern" and Add.l E/CN.4/l983/l/Add.? and Corr.l E/CN.4/I983/2 and Provisional agenda: note by the Secretary--General Annotations to the provisional agenda prepared by the becretary-General Note by the Secretary-General Letter dated 20 August 1982 from the Permanent Representative of Democratic Kampuchea to the United Nations Office at Geneva addressed to the Director of the Centre for Human Rights 9 S/CF.4/1983/4 and Corr.l B/CN.4/1983/5 E/CN.4/1983/6 E/CN. 4/198 3/7 Eeport of the Sub-Commisaxon on Prevention of Discrimination and Protection of Minorities on its thxrty-fifth session Note by tile Secretary-General Note by the Secretary-General Eeport of the Secretary-General Report of the Secretary-General Note by the Secretariat transmitting a report by the Special Rapporteur on the situation of human rights in Chile Report of the Ad Hoc Working Group of Experts prepared in accordance with Commission on Human Eights resolution 5 (XXXVTl) and Economic and Social Council resolution I982/4O Report of the Working Group of Governmental Experts on the Sight to Development 20 4 4 4 4 5 E/CH.4/1983/6 B/CH.4/19B3/9 B/CN.4/1983/10 6 8 E/CJT.4/1983/12 B/CH.4/1983A3 E/CN.4/I983/14 Note by the Secretary-General Report of the Secretary-General Eeport of the Working Group on Enforced or Involuntaiy Disappearances - 237 - 9 9 10 (b) m the general series item Development of public information activities in the field of human rights: report of the Secretary-General Summary or arbitrary executions report by Mr. S. Amos Wako, Special Happorteur appointed pursuant to Economic and Social Council resolution 1982/35 of 7 May 1982 E/CN.4/1903/17 Provision of expert services m the field of human rights - Equatorial Guinea: report of the Secretary-General Report on the situation in Poland presented by Under-Seoretary-General Hugo Gobbi Note by the Secretary-General Final report on the situation of human rights in El Salvador, submitted to the Commission by Mr. Jose Antonio Pastor Ri&ruejo under Commission resolution '. [Not issued] Study by the Special Envoy of the Commission on Human Eights, Mr. Hector Gros Espiell, appointed pursuant to Commission resolution 1982/33 of 11 Karcii 1982, on the human rights situation in Bolivia Idem letter dated 11 February 1983 from the Charge d'affaires a . i t | of the Permanent Mission of Bolivia to the United Nations Office at Geneva addressed to the Assistant Secretary-General, Centre for Human Eights Eeport of the Secretary-General submitted pursuant to Commission on Human Rights decision 1982/102 Note by the Secretary-General Reports submitted by States parties under article VII of the International Convention on the Suppression and Punishment of the dime of Apartheid 12 (a) 12 12 11 E/CN.4/1983/ 18 E/CTT.4/1983/19 E/CN.4/1982/20 1,/CN, 4/198 3/21 E/CTT. 4/198 3/ 2 2 E/CN.4/1963/22/ Add.l B/CT.4/1983/23 E/CN.4/1983/24 16 16 H/CH.4/1983/24/ Add.1-14 - 238 Documents issued in the general series .Agenda item E/OT.4/I983/25 Keport of the Group of Three established under the I n t e r n a t i o n a l Convention on the Suppression and Punishment of the Crime of Implementation of the programme of measures and a c t i v i t i e s xn connection with I n t e r n a t i o n a l Youth Yeaxs report of the Se ere tary-General 16 E/CH.4/1983/27 Annual report on r a c i a l discrimination submitted by 110 m accordance with Economic and Social Council resolution I588 (L) and General Assemblyresolution 2785 (XXVI): note by the Secretary-General Annual report on r a c i a l discrimination submitted by UHBSCO xn accordance with Economic and Social Council resolution I588 (b) and General Assembly resolution 2785 (XXVI): note by the Secretary-General Eeport of the Secretary-General Report of the Secretary-General Assistance to Uganda: Se ere tary-General report of the 19 23 E/CH. 4/198 3/af B/CN.4/1983/29 E/CN. 4/198 3/30 E/CN.4/1983/31 ana Add.l E/CN. 4/198 3/32 and Add.1-4 E/CN.4/1983/33 and Add.l E/CK.4/1983/34 and Add.l C/OT.4/1983/35 and Add.l Protection of the r i g h t s of children and parents m cases of removal or r e t e n t i o n of children: report of the Secretary-General Human r i g h t s and massive exoduses: by the Secretary-General Heport of the Secretary-General Information submitted i n accordance with ·Economic and Social Council resolution 1159 (XKE) regarding 1 co-operation with regional intergovernmental bodies concerned with human r i g h t s s note by the Secretary-General transmitting a communication from the Council of Europe on the a c t i v i t i e s of the Council of Europe m the f i e l d of human r i g h t s i n 1982 - 239 note 12 25 11 Documents issued in .the general aeries E/CN.4/1983/36 L/CH.4/1983/37 |>ot issued] Report of the A d Hoc ¥orkxng Group of Experts prepared in accordance with Commission on Human Rights resolution 5 (XOVIl) and Economic and Social Council resolution I98I/4I; note by the Secretariat Report of the Ad Hoc Working Group of Experts prepared irt accordance with Commission on Human Rights resolution 5 (^XXVIl) and Economic and Social Council resolution 1981/41. additional information on the effects of the policy of apartheid on black women and children in South Africa Note by the Secretary-General Letter dated 1 February 1983 from the Permanent Representative of Viet N a m to the United Nations Office at Geneva addressed to the Chairman of the Commission on Human Rights Letter dated 2 February 1983 from the Permanent Representative of Viet N a m to the United Nations Office at Geneva addressed to the Chairman of the Commission on Human Rights Note verbale dated 3 February 1983 from the Permanent Mission of Indonesia to the United Nations Office at Geneva addressed to the Secretary-General Note by the Chairman of the Commission on Human Rights at i t s thirty-eighth session Letter dated 3 February 1983 from the Permanent Representative of the Syrian Arab Republic to the United Nations Office at Geneva addressed to the Chairman of the Commission on Human Rights Letter dated 1 February I983 from the delegations of Bulgaria, the Byelorussian SSR, Cuba, Czechoslovakia, Democratic Yemen, Ethiopia, the German Democratic Republic, 12 E/CT.4/1983/3S E/CN.4/1983/39 E/CN.4/1983/40 E/CN.4/1983/41 F/CH.4/1983/42 E/CN,4/1983/43 E/CN.4/1983/44 3 H/CN.4/I983/45 - 240 - -jofuments issued m the general (continued) Agenda. E/CN.4/1983/45 (cortinned) lungary, Nicaragua, Poland, the Syiian .Arab Pepublic, tlie Ukrainian SSE, the Union of Soviet S o c i a l i s t Republics and Viet Nam addressed to the Chairman of the Commission on Hameta Eights Letter du.ted 7 Febmary 1983 from the Permanent Re^iesentative of Viet Warn to the United Nations Office a t Geneva addressed to the Chairman of the Commission on Human Eights Note by the S e c r e t a r i a t Communication dated 7 February 1983 from the Permanent Mission of Portugal to the United Nations Office a t Geneva addressed to the Secretary-General Lebter dated 8 February 1983 from the Permanent Representative of Democratic Kampuchea to the United Ja o Office a t Geneva addressed to the Chairman of the Commission on Human Rights Letter dated 11 February 198? from the Permanent Representative of Democratic Kampuchea to the United Nations Office at Geneva addressed to the Chairman of the Commission on Human Bights Letter dated 16 February 198^ from the delegation of Viet Warn addressed to the Secretary-General, containing a statement regarding the reply by the Iconomic and Social Commission for iisia and the Pacific (D/CfT.4/l983/33s annex I I I ) Report of the Secretary-General prepared pursuant to paragraph 3 of Commission on Human Rights resolution 1982/27 of 11 March 1982 Letter dated 23 February I983 from the Permanent Representative of Democratic Kampuchea to the United Nations Office at Geneva addressed to the Chairman of the Commission on Human Rights E/CN.4/I983/46 C/CN.4/1983/47 E/CK.4/1983/48 E/CN.4/1983/49 E/CH.4/I983/5O .S/Clff.4/1983/5I E/CN.4/1983/52 E/CH.4/1983/53 m the general series item H.4/1983/54 Letter dated 7 iebumxjr ly83 iiow the Permanent Representative of Viet J T e t m to the United Nations Oifice at Geneva addressed to the Chaiiraan of the Commission on Human Eights Letter dated 23 Febiuary 1983 from the representative of the Netherlands addressed to the Chairman of the Commission on Human Rights Letter dated 24 February I983 from the Permanent Representative of Democratic Kampuchea to the United Nations Office at Geneva addressed to the Chairman of the Commission on Human Rights L/CN.4/1983/57 Letter dated 7 March 1983 from the representative of the United States of America addressed to the Chairman of the Commission on Human Eights Letter dated 4 March 1983 from the representativp of China, to the thirty-ninth session of the Commission on Human Eights addressed to the Secretary-General Note by the Chairman Eeport of the Commission on Human Rights on its thirty-ninth session Note by the Chairman Eeport of the informal open-ended working group on a draft convention on the rights of the child Report of the informal open-ended working group on a draft convention against torture and other cruel, inhuman or treatment or punishment Report of the informal open-ended working group established under Commission on Human Eights resolution 1982/40 Eeport of the informal working group of 10 members established under Commission on Human Eights resolution 1982/40 12 13 10 (a) 12 E/GH.4/1983/55 F/GH. 4/1983/58 E/CN.4/1983/59 E/CN.4/1983/60 E/CN.4/1993/61 E/CW.4/1983/62 n/CH.4/1983/63 E/ON.4/1983/64 E/CN.4/1983/65 _issued in the general ser, item E/CH". 4/l98 3/0*1 Report of the informal open-ended woiking group a<->t up l y fie ncairis^ior on Human Fights to ^onsj S^r the drafting of a declaration on the r i g h t s of persons belonging to national, ethnic, religious and l i n g u i s t i c minorities Summary records of the meetings of the t h i r t y - n i n t h session of the Commission on Human Rights E/CN.4/1983/ SR.1-5*3 a / Documents issued i n the limited s e r i e s b/ E/CH\4/l983/L.l and Add.l Beport of the working group on a draft convention on the rights of the child [reissued under the symbol E/ciT.4/1983/62] Report of the working group on a draft convention against torture and other cruel, inhuman or degrading treatment or punishment [reissued under the symbol E/GN.4/1983/63] 10 (a) S/CN.4/1983/L.3 Eeport of the open-ended working group established under Commission on Human Rights resolution 1982/40 [reissued under the symbol E/CN.4/1983/64] Report of the informal working group of 10 members established under Commission on Human Rights resolution 1982/40 [reissued under the symbol E/CN.4/1983/65] Eeport of the informal open-ended working group set up by the Commission on Human Eights to consider the drafting of a declaration on the rights of persons belonging to national, ethnic, religious and linguistic minorities [reissued under the symbol E/i Note by the Secretariat Note by the Secretariat E/OT.4/19S3/L.4 E/CN.4/1983/L.5 E/CN.4/I983/L.6 E/CN.4/1983/L.7 a/ The summary records of tJie 33rd to 4°th meetings, winch were closed, were issued in restricted distribution. b/ The sponsors listed here include those who became sponsors of the draft resolution or amendment subsequent to the issue of the document. issued in the limited series (continued d] Agenda item E/OT.4/1963/L.8 E/CK.4/1983/L.9 and Add.l/kev.l, Add.?/Rev.l, Add.3~8 Add.9/Rev.l and Add.10-24 E/CK.4/1983/L.IO and Add. 1-7 B/CN.4/1985/L.11 Note by the Seoietai^ Draft report of the Commission on Human Eights on its thirty--ninth session Idem Afghanistan, Algeria, Bahrain, Bangladesh, Bulgaria, Congo, Cuba, Cyprus, Czechoslovakia, Democratic Yemen, Gambia, German Democratic Republic, India, Iraq, Jordan, Kuwait, Iiibyan Arab Jamahiriya, Madagascar, H rocco, Mozambique, Nicaragua, Pakistan, Qatar, Senegal, Syrian Arab Republic, Tunisia, Ukrainian SSR, United Arab Emirates, United Republic of Tanzania, Viet Mam, Yugoslavia and Zimbabwe: draft resolution Afghanistan, Algeria, Bahrain, Bangladesh, Bulgaria, Congo, Cuba, Czechoslovakia, Democratic Yemen, Gambia, German Democratic Republic, Iraq, Jordan, Kuwait, Madagascar, Morocco, Mozambique, Nicaragua, Pakistan, Qatar, Senegal, Syrian Arab Republic, Tunisia, Ukrainian SSR, United Arab Emiiates, United Republic of Tanzania, Viet Nam, Yugoslavia and Zimbabwe: draft resolution Algeria, Bangladesh, Bulgaria, Byelorussian SSR, China, Congo, Cuba, Czechoslovakia, Gambia, German Democratic Republic, India, Jordan, Kuwait, Libyan Arab Jamahinya, Madagascar, Morocco, Mozambique, Kicaragua, Pakistan, Poland, Senegal, Sudan, Tunisia, Ukrainian SSR, United Arab Emirates, Viet Bam, Yemen Arab Republic, Yugoslavia and Zimbabwe, draft resolution Question of Western Sahara - Afghanistan, Algeria, Congo, Costa Rica, Cuba, Cyprus, Democratic Yemen, Ghana, Iran (Islamic Republic o f ) , Libyan Arab Jamahiriya, Madagascar, Mexico, Mozambique, Nicaragua, Rwanda, Uganda, United Republic of Tanzania, Viet Nam, Yugoslavia and Zimbabwe: draft resolution E/CN.4/I983/L.I2 E/CET.4/1983/L.13 N.4/1983/L.14 .Dooumenta issued in the limited serj.es fcontinued) iteg E/ON.4/1983/L.14/ Rev.l Idem - Afghanis-tan, Algeiaa, Congo, Costa Rica, Cuba, Cyprus, Democratic Yemen, Ghana, Iran (Islamic Republic of), Libyan Arab Jamahinya, Madagascar, MeTriro, Mozambique, Nicaragua, Panama, Rwanda., Uganda, United Republic of Tanzania, Venezuela, Viet Nam, Yugoslavia and Zimbabwe: draft resolution Afghanistan, Algeria, Bangladesh, Congo, Cuba, Egypt, Ethiopia, Ghana, Libyan Arab Jaraahirxya, Madagascar, Mozambique, Nicaragua, Pakistan, Ewanda, Somalia, Sudan, Syrian Arab Republic, Tunisia, Uganda, United Republic of Tanzania, Viet Ham, Yugoslavia, Zaire and Zimbabwe: draft resolution Australia, Belgium, Canada, Costa Rica, Fill, Gambia, Germany, Federal Republic of, Italy, Japan, Malaysia, Netherlands, N e w Zealand, Pakistan, Peru, Philippines, Singapore, Somalia, Thailand, United Kingdom of Great Britain and Northern Ireland, Uruguay and Zaire: draft resolution The situation in Afghanistan - Bahrain, Bangladesh, Costa Rica, Egypt, Fiji, Gambia, Jordan, Malaysia, Morocco, Oman, Pakistan, Philippines, Qatar, Saudi Arabia, Senegal, Singapore, Somalia, Sudan, Thailand, Tunisia, Turkey, United Arab Emirates, Uruguay and Zaire* draft resolution Canada, draft resolution Canada: revised draft resolution Algeria, Congo, Cuba, Cyprus, Egypt, Ethiopia, Ghana, Libyan Arab Jamahiriya, Madagascar, Morocco, Mozambique, Senegal, Uganda, United Republic of Tanzania, Yugoslavia, Zaire and Zimbabwe: draft resolution 12 12 S/CN.4/1983A.15 E/CN.4/1983/L.16 E/CK.4/1983/L.17 E/CN.4A983A'!8 E/CN.4/1983/L.18/ Rev.l E/CK.4/1983/L.19 ;sued in the limited series Agenda item E/CIT.4/1983/L.19/ Hev.l Algeria, Congo, Cuba, Cyprus, Egypt, Ethiopia, Gambia, Ghana, Libyan Arab Jamahinya, Madagascar, Morocco, Mozambique, Pakistan, Senegal, Syrian Arab Republic, Uganda, Ohited Republic of Tanzania, Viet Ham, Yugoslavia, 2aire and Zimbabwe: draft resolution Algeria, Congo, Cuba, Cyprus, Egypt, Ethiopia, Gambia, Ghana, India, Libyan Arab Jamahiriya, Madagascar) Morocco, Mozambique, Pakistan, Rwanda, Senegal, Somalia, Syrian Arab Republic, Uganda, United Republic of Tanzania, Viet Nam, Yugoslavia, Zaire and Zimbabwe: draft resolution Algeria, Congo, Cuba, Ethiopia, Gambia, Ghana, Libyan Arab Jamahiriya, Madagascar, Mozambique, Pakistan, Senegal, Somalia, Syrian Arab Republic, Uganda, United Republic of Tanzania, Viet Jam, Yugoslavia and Ziirbabwe: draft resolution Bulgaria, Congo, Coata Rica, Cuba, Egypt, Gambia, Ghana, India, Madagascar, Mexico, Nicaragua, Poland, Senegal, Syrian Arab Republic, Ukrainian SSR, United Republic of Tanzania, Viet Nam, Yugoslavia, Zaire and Zimbabwe: draft resolution B/CK.4/1983/L.23 Algeria, Congo, Cuba, Egypt, Ethiopia, Gambia, Ghana, India, Libyan Arab Jamahiriya ; Madagascar, Morocco, Mozambique, Nicaragua, Pakistan, Senegal, Somalxa, Syrian Arab Republic, Uganda, United Republic of Tanzania, Venezuela, Viet Nam, Yugoslavia, Zaire and Zimbabwe: draft resolution Administrative and programme budget implications of draft resolution E/CN.4/1983/L.19: statement submitted by the Secretary-General m accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council 18 (b) E/CN.4/1983/L.20 E/CN.4/1983/L.21 - 246 - Joouments issued m the limited E/CN. 4/198 3/[i. 25 Adnn.nistrd.tive ai±d pxogiamme budget implications of draft resolution E/CN.4/l983/li.23s statement submitted by the Secretary-General in accordance with rule 28 of the rules of procedure of the functional commissions of the Economic