Distr.
GENERAL
E/CN.4/1994/2
E/CN.4/Sub.2/1993/45
25 October 1993
Original: ENGLISH
GE.93-85392 (E)
CONTENTS
I. Draft resolutions and decisions recommended to the Commission
on Human Rights for adoption
A. Draft resolutionsII. Resolutions and decisions adopted by the Sub-Commission at its forty-fifth sessionI. Working Group on Contemporary Forms of SlaveryB. Draft decisions
II. Question of human rights and states of emergency
III. Human rights and extreme poverty
IV. Promoting the realization of the right to adequate housing
V. Question of the impunity of perpetrators of violations of human rights
VI. Independence of the judiciary, particularly with regard to judges and lawyers, as well as court officers1. Report of the Working Group on Contemporary Forms of Slavery
2. Slavery and slavery-like practices during wartime
3. The right to a fair trial
4. Recognition of gross and large-scale violations of human rights as an international crime
5. Human rights and the environment
6. Traditional practices affecting the health of women and children
7. Human rights dimensions of population transfer, including the implantation of settlers and settlements
8. Question of the implications for human rights of United Nations actions, including humanitarian assistance in addressing international humanitarian problems and in the promotion and protection of human rights
9. Human rights and income distribution
10. Protection of minorities
11. Cultural and intellectual property of indigenous peoples
12. Working Group on Indigenous Populations
13. Question of the privatization of prisons
14. Study on treaties, agreements and other constructive arrangements between States and indigenous populations
A. ResolutionsIII. Organization of the forty-fifth session1993/1. Monitoring the eradication of apartheid and the transition to democracy in South AfricaB. Decisions
1993/2. Elimination of all forms of intolerance and of discrimination based on religion or belief
1993/3. Measures to combat racism and racial discrimination and the role of the Sub-Commission
1993/4. Methods of work of the Sub-Commission
1993/5. Report of the Working Group on Contemporary Forms of Slavery
1993/6. Additional assistance in studying ways and means of resolving problems arising from the former institution of slavery
1993/7. Working Group on Contemporary Forms of Slavery
1993/8. Punishment of the crime of genocide
1993/9. Situation in Kosovo
1993/10. Situation of human rights in Chad
1993/11. Situation in South Africa
1993/12. Situation in East Timor
1993/13. Consequences for the enjoyment of human rights of acts of violence committed by armed groups that spread terror among the population
1993/14. Situation of human rights in the Islamic Republic of Iran
1993/15. Situation in the Palestinian and other Arab territories occupied by Israel
1993/16. Situation of human rights in Guatemala
1993/17. Situation in Bosnia and Herzegovina
1993/18. Situation in Haiti: encouragement of the establishment of the democratic process and the reconstruction of the country
1993/19. Situation in Myanmar
1993/20. Situation of human rights in Iraq
1993/21. Freedom of movement and the situation of migrant workers and their families
1993/22. Question of the human rights of disabled persons
1993/23. Situation of human rights in Peru
1993/24. Slavery and slavery-like practices during wartime
1993/25. Submission of information pursuant to Sub-Commission resolution 7 (XXVII) of 20 August 1974
1993/26. The right to a fair trial
1993/27. Application of international standards concerning the human rights of detained juveniles
1993/28. Question of human rights and states of emergency
1993/29. Study concerning the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms
1993/30. Recognition of gross and large-scale violations of human rights as an international crime
1993/31. Discrimination in the context of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS)
1993/32. Human rights and the environment
1993/33. Traditional practices affecting the health of women and children
1993/34. Human rights dimensions of population transfer, including the implantation of settlers and settlements
1993/35. Human rights and extreme poverty
1993/36. Promoting the realization of the right to adequate housing
1993/37. Question of the impunity of perpetrators of violations of human right
1993/38. Question of the implications for human rights of United Nations action, including humanitarian assistance in addressing international humanitarian problems and in the promotion and protection of human rights
1993/39. Independence of the judiciary, particularly with regard to judges and lawyers, as well as court officers
1993/40. Human rights and income distribution
1993/41. Forced evictions
1993/42. Rights of persons belonging to national or ethnic, religious and linguistic minorities
1993/43. Protection of minorities
1993/44. Cultural and intellectual property of indigenous peoples
1993/45. Discrimination against indigenous peoples
1993/46. Draft United Nations declaration on the rights of indigenous peoples1993/101. Organization of work
1993/102. Adoption of the agenda of the forty-fifth session of the Sub-Commission
1993/103. Establishment of a sessional working group on detention
1993/104. Question of the reform of the procedure governed by Economic and Social Council resolution 1503 (XLVIII)
1993/105. Decision taken under agenda item 10
1993/106. Voting by secret ballot on proposals pertaining to allegations of violations of human rights in countries
1993/107. Situation in Tibet
1993/108. Arbitrary and summary executions
1993/109. Question of the privatization of prisons
1993/110. Study on treaties, agreements and other constructive arrangements between States and indigenous populations
1993/111. Composition of the pre-sessional working groups of the Sub-Commission
A. Measures to combat racism and racial discrimination and the role of the Sub-CommissionVII. Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII)
B. Monitoring the transition to democracy in South Afric
A. The role and equal participation of women in developmentIX. The realization of economic, social and cultural rights
A. Question of the human rights of persons subjected to any form of detention or imprisonmentXII. Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers
B. Question of human rights and states of emergency
C. Individualization of prosecution and penalties, and repercussions of violations of human rights on families
D. The right to a fair trial
A. Prevention of discrimination and protection of children: human rights and youthXVIII. Protection of minorities
B. Prevention of discrimination and protection of women
(a) Completed at the forty-fifth session of the Sub-Commission;VI. List of documents issued for the forty-fifth session of the Sub-Commission
(b) Under preparation by members of the Sub-Commission in accordance with with existing legislative authority
A. Draft resolutions
I. Working Group on Contemporary Forms of Slavery
The Commission on Human Rights,
Noting resolution 1993/7 of 20 August 1993 of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities,
1. Decides to create for a period of three years a working group on contemporary
forms of slavery, composed of five independent experts with relevant experience
in the field of human rights and contemporary forms of slavery in particular,
with the task of monitoring the application of the Conventions on slavery
through the examination of the information it receives;
2. Also decides that the Working Group, in carrying out its mandate, shall
seek and receive information from Governments, intergovernmental and non-governmental
organizations and individuals;
3. Invites the Working Group to take account, in fulfilling its mandate,
of the need to carry out its task with discretion, objectivity and independence;
4. Requests the Secretary-General to provide all the necessary assistance
to the Working Group to enable it to accomplish its task.
[See chap. II, sect. A, resolution 1993/7,
and chap. XVI]
II. Question of human rights and states of emergency
The Commission on Human Rights,
Noting resolution 1993/28 of 25 August 1993 of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities,
1. Recommends the following draft decision to the Economic and Social Council
for adoption:
The Economic and Social Council, taking note of Commission on Human Rights
decision 1994/... of ... 1994 and of resolution 1993/... of .. August 1993
of the Sub-Commission on Prevention of Discrimination and Protection of
Minorities, endorses the requests by the Sub-Commission:
(a) To Mr. Leandro Despouy, Special Rapporteur on human rights and states of emergency, to continue to update the list of states of emergency and to include in his annual report to the Sub-Commission and the Commission recommendations on inalienable or non-derogable rights;
(b) To the Secretary-General to provide the Special Rapporteur with all the assistance he may require to carry out his work, to maintain cooperation with the different sources of information and databases, and to process the information submitted to him in an effective way.
The Economic and Social Council,
Recalling Commission on Human Rights resolution 1994/... of ....... 1994 and resolution 1993/35 of 25 August 1993 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, entitled "Human rights and extreme poverty",
1. Approves the proposals by the Special Rapporteur on the study of the question of human rights and extreme poverty, Mr. Leandro Despouy, concerning the holding of a seminar on the topic of "Extreme poverty and the denial of human rights";
2. Requests the Secretary-General to continue his consultations on the topic of human rights and extreme poverty with Governments, the specialized agencies, intergovernmental organizations and non-governmental organizations and to inform the Special Rapporteur of the conclusions of those consultations;
3. Requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary for the fulfilment of his mandate including, as appropriate, assistance from consultants with specialized knowledge of the subject.
The Economic and Social Council,
Recalling Commission on Human Rights resolution 1994/... of ... 1994 and decision 1993/103 of 4 March 1993, as well as resolutions 1993/... of .. August 1993 and 1992/26 of 27 August 1992 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Welcoming the working paper (E/CN.4/Sub.2/1992/15) and the progress report on the right to adequate housing (E/CN.4/Sub.2/1993/15) submitted by the Special Rapporteur of the Sub-Commission, Mr. Rajindar Sachar,
1. Decides to extend the mandate of the Special Rapporteur by one year to bring the length of his mandate into accordance with the practices of the Sub-Commission and to enable him to explore fully the issues arising from the right to adequate housing;
2. Requests the Special Rapporteur to submit a second progress report to the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its forty-sixth session;
3. Requests the Secretary-General to invite Governments, United Nations bodies, the specialized agencies, intergovernmental and non-governmental organizations and community-based organizations to provide the Special Rapporteur with information relevant to the preparation of his study;
4. Urges the Secretary-General to provide the Special Rapporteur with all the financial, technical and expert assistance that he may require to prepare his study and to compile and analyse the information, data, views and documents collected, including, as appropriate, assistance from consultants with expertise in the subject;
5. Requests the Secretary-General to provide the Special Rapporteur with the necessary budgetary allocations to enable him to visit States in order to gain knowledge of the perspectives of local groups, non-governmental organizations and Governments on promoting the human right to adequate housing.
The Economic and Social Council, taking note of Commission on Human Rights resolution 1994/... of .. 1994, approves the Commission's endorsement of the Sub-Commission's request, contained in its resolution 1993/37, of 26 August 1993, to Mr. El Hadji Guissé and Mr. Louis Joinet to prepare a report on the first aspect of the question of the impunity of perpetrators of violations of human rights, and also approves the Commission's request to the Secretary-General to provide the Special Rapporteurs with any assistance required by them to be able to discharge their task.
(a) To submit any allegations transmitted to the special rapporteur to adversarial examination;
(b) To identify and record attacks on the independence of the judiciary and to provide technical assistance when so requested;
(c) To study, for the purpose of making proposals, certain questions of principle, inter alia justice and the fight against serious crime (including terrorism and drug trafficking), justice and situations of emergency, justice and the media, and the status of the prosecuting authority, which, in view of their importance and topicality, are priority matters;
(a) To submit any allegations transmitted to the special rapporteur to adversarial examination;
(b) To identify and record attacks on the independence of the judiciary and to provide technical assistance when so requested;
(c) To study, for the purpose of making proposals, certain questions of principle, inter alia justice and the fight against serious crime (including terrorism and drug trafficking), justice and situations of emergency, justice and the media, and the status of the prosecuting authority, which, in view of their importance and topicality, are priority matters;
The Council also approves the request made by the Commission to the Secretary-General to provide the special rapporteur with all the assistance necessary for the completion of his task.
"The Economic and Social Council taking note of Commission on Human Rights resolution 1994/... of ... 1994, approves the Commission's endorsement of the appointment for a two-year period of Mrs. Linda Chavez as Special Rapporteur on the situation of systematic rape, sexual slavery and slavery-like practices during wartime, including, in particular, internal armed conflict, and requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary to complete her study."
"The Economic and Social Council, recalling its decision 1993/291 of 20 July 1993, approves the endorsement by the Commission on Human Rights of the request of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to Mr. Stanislav Chernichenko and Mr. William Treat to submit their final report on the right to a fair trial, as described in Sub-Commission resolution 1993/26 of 25 August 1993, and requests the Secretary-General to provide the Special Rapporteurs with all the assistance necessary, including a technical meeting of experts for three days, to enable them to carry out their work successfully."
(a) The subject of harmful traditional practices affecting the health of women and children be maintained on the agenda of the Sub-Commission in so far as they constitute violations of human rights within the meaning of the relevant provisions of the International Bill of Human Rights and many other international instruments, in particular the Convention on the Rights of the Child;
(b) The mandate of the Special Rapporteur, Ms. Halima Embarek Warzazi, be extended for one year so as to enable her to submit to the Sub-Commission at its forty-sixth session a plan of action for the elimination of harmful traditional practices affecting the health of women and children, and a report on the regional seminar to take place in Asia;
(c) The Centre for Human Rights provide all the assistance that the Special Rapporteur may require in the exercise of her mandate.
(a) The request to Mr. Awn Shawkat Al-Khasawneh, as Special Rapporteur, to continue the study on the human rights dimensions of population transfer, including the implantation of settlers and settlements;
(b) The invitation to request the Secretary-General to organize a multidisciplinary expert seminar on the human rights dimensions of population transfer, including the implantation of settlers and settlements, prior to the preparation of the final report, in order to formulate appropriate final conclusions and recommendations;
(c) The request to the Secretary-General to invite Governments, United Nations bodies and intergovernmental and non-governmental organizations concerned to provide the Special Rapporteur with information relevant to the preparation of his reports;
(d) The invitation to request the Special Rapporteur to undertake on-site visits to diverse, ongoing cases of population transfer selected on the basis of information received for the next report.
"The Economic and Social Council endorses Commission on Human Rights decision 1994/... of ... 1994 to authorize the appointment of Mrs. Claire Palley as Special Rapporteur on the question of the various modalities of the possibility of United Nations action under the Charter relating to humanitarian assistance when addressing humanitarian problems, taking into account the principle of non-intervention and other principles of general international law enshrined therein and the need to develop further international cooperation in the humanitarian field and the promotion and protection of human rights, and also endorses the Sub-Commission's request to the Secretary-General to provide the Special Rapporteur with all the necessary assistance, including the resources required, to complete her study."
(a) That it approve the holding of a seminar on indigenous land rights and claims, in which representatives of indigenous peoples, Governments and experts will participate, to be organized in 1994;
(b) That it approve the participation of the Chairperson-Rapporteur of the Working Group on Indigenous Populations of the Sub-Commission, Mrs. Erica-Irene A. Daes, at the closing ceremony of the International Year of the World's Indigenous People, which will take place in New York;
(c) That it approve the annual report of the Working Group being made more widely available by being issued as a United Nations sales publication.
A. Resolutions
1993/1. Monitoring the eradication of apartheid and
the transition to democracy in South Africa
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling the Declaration on Apartheid and its Destructive Consequences
in Southern Africa, contained in the annex to resolution S-16/1, adopted
without a vote by the General Assembly on 14 December 1989, which, inter
alia, called for negotiations in a climate free of violence,
Recalling also its resolutions 1991/1 of 20 August 1991 and 1992/6 of 21 August
1992,
Recalling further Commission on Human Rights resolutions 1992/20 of 28 February
and 1993/19 of 26 February 1993,
Recalling General Assembly resolution 47/116 of 18 December 1992,
Having considered the preliminary report (E/CN.4/Sub.2/1993/11) submitted
by the Special Rapporteur, Mrs. Judith Sefi Attah,
Deeply concerned at the impediments to the democratization of South Africa
as reported by the Special Rapporteur, amongst which are violence and inequality
in the enjoyment of socio-economic rights in South Africa,
Noting the facilitating role of the international community in the democratization
process in South Africa,
Noting also the useful recommendations made by the Special Rapporteur in
her preliminary report,
1. Expresses it appreciation to the Special Rapporteur for the accurate
and useful information contained in her preliminary report;
2. Decides to transmit the report to the Commission on Human Rights for
consideration at its fiftieth session;
3. Requests the Secretary-General to bring the report to the attention of
the Government of South Africa;
4. Also requests the Secretary-General to contact the Government of South Africa
with a view to enabling the Special Rapporteur to undertake a special mission
to South Africa during the period of preparation of her next report;
5. Requests the Special Rapporteur to submit her second report to the Sub-Commission
at its forty-sixth session;
6. Requests the Secretary-General to provide the Special Rapporteur with
all the assistance necessary to carry out her mandate, including ensuring
that the Special Rapporteur travels to South Africa for an on-the-spot familiarization
with the dynamics of the transition process as they affect the enjoyment
of the fundamental human rights of the people;
7. Decides to consider the issue of monitoring the eradication of apartheid
and the transition to democracy in South Africa as a matter of priority
at its forty-sixth session.
17th meeting
13 August 1993
[Adopted without a vote. See chap. VI.]
1993/2. Elimination of all forms of intolerance and
of discrimination based on religion or belief
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Conscious of the need to enhance and encourage understanding, tolerance
and respect in matters relating to freedom of religion and belief,
Recalling the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief, proclaimed by the General Assembly
in its resolution 36/55 of 25 November 1981,
Taking into account the successive reports of the Special Rapporteur of
the Commission on Human Rights, Mr. Angelo Vidal d'Almeida Ribeiro
(E/CN.4/1989/44, E/CN.4/1990/46 and E/CN.4/1991/56), the report of its own
Special Rapporteur, Ms. Elizabeth Odio Benito (E/CN.4/Sub.2/1987/26)
and the working paper prepared by Mr. Theo van Boven (E/CN.4/Sub.2/1989/32),
a former member of the Sub-Commission,
Considering that, in the Vienna Declaration and Programme of Action, the
World Conference on Human Rights called upon all Governments to take all
appropriate measures to counter intolerance and violence based on religion
or belief and to put into practice the provisions of the Declaration on
the Elimination of All Forms of Intolerance and of Discrimination Based
on Religion or Belief,
Recalling its resolution 1989/23 of 31 August 1989, wherein it
reaffirmed its willingness and interest to make a further contribution to
activities which might be considered by the Commission on Human Rights as
a further means of strengthening international efforts to promote and protect
the right to freedom of thought, conscience, religion and belief,
Also recalling Commission on Human Rights resolution 1993/25 of 5 March 1993
in which the Commission expressed its belief that further efforts were required
to promote and protect the right to freedom of thought, conscience, religion
and belief and to eliminate all forms of hatred, intolerance and discrimination
based on religion or belief,
Noting with concern the renewed outbreak of serious acts of intolerance,
discrimination and violence, especially against women and intellectuals,
caused in particular by religious extremism,
Convinced that religious extremism represents a genuine threat to the security
of nations, the stability of institutions and peace among peoples,
Emphasizing the important role of education in ensuring tolerance with respect
to other people and promoting and protecting freedom of religion and belief,
1. Reaffirms that freedom of thought, conscience, religion and belief is
a human right derived from the inherent dignity of the human person and
guaranteed to all without discrimination;
2. Welcomes the intention of the Human Rights Committee to make available
soon a general comment on article 18 of the International Covenant
on Civil and Political Rights, dealing with freedom of thought, conscience
and religion;
3. Recognizes the importance of building understanding and respect between
persons of diverse religions or beliefs and the particular need for communication
and education within and among movements, groups, associations and other
constituencies based on religion or belief;
4. Reaffirms its willingness to make a further contribution to activities
which may be considered by the Commission on Human Rights as a further means
of strengthening international efforts to promote and protect the right
to freedom of thought, conscience, religion and belief;
5. Renews its recommendation to the Commission on Human Rights that it give
due consideration to the organization, in cooperation with the United Nations
Educational, Scientific and Cultural Organization, the United Nations
University, interested intergovernmental and non-governmental organizations
and academic and research institutions, of a global consultation on the
positions and approaches of different religions and beliefs to human rights
and fundamental freedoms.
17th meeting
13 August 1993
[Adopted without a vote. See chap. XIV.]
1993/3. Measures to combat racism and racial discrimination
and the role of the Sub-Commission
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolution 1992/5 of 21 August 1992 and Commission
on Human Rights resolution 1993/20 of 2 March 1993,
Mindful of General Assembly resolution 45/105 of 14 December 1990,
in which the Assembly declared once again that all forms of racism and racial
discrimination, particularly in their institutionalized form, such as apartheid,
or resulting from official doctrines of racial superiority or exclusivity,
were among the most serious violations of human rights in the contemporary
world and must be combated by all available means,
Sharing the concern expressed by the Commission that in many parts of the
world, despite all efforts, racism, racial discrimination, xenophobia and
related intolerance and acts of violence resulting therefrom persist and
appear to be on the rise, among them manifestations occurring particularly
in developed countries,
Reiterating its great concern about the consequences of increasing racism
and xenophobia directed against migrant workers, and underlining the importance
of early ratification by all States concerned of the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their
Families,
Reiterating also that the scourges of racism and racial discrimination are
continuously assuming new forms, requiring a periodic re-examination of
the methods used to combat them,
Concerned that in many parts of the world members of vulnerable ethnic,
cultural and linguistic groups are suffering from discrimination and discriminatory
treatment,
Noting the importance, in the struggle against racism and racial discrimination,
of a complementarity of economic, social, educational and information measures
at the national level, including legislative, administrative and penal measures,
and of measures taken at the international level, as confirmed by the Commission
on Human Rights in paragraph 4 of its resolution 1993/20,
Noting also the recognition expressed by the Commission, in paragraph 5
of that resolution, of the important role that can be played in this regard
by the Sub-Commission,
1. Welcomes the appointment by the Commission on Human Rights, for a three-year
period, of a special rapporteur on contemporary forms of racism, racial
discrimination and xenophobia and related intolerance;
2. Recommends that the Special Rapporteur carry out his mandate by examining
situations in the various regions of the world, beginning with incidents
which are increasing in the developed countries, as well as theories and
attitudes of racial superiority which incite them;
3. Also recommends that the Special Rapporteur be invited to address the
Sub-Commission at its forty-sixth session to present his report there also;
4. Further recommends that arrangements be made for the convening, on that
occasion, of a joint meeting between the Sub-Commission and the Committee
on the Elimination of Racial Discrimination, with a view to the elaboration
of recommendations concerning the comprehensive measures envisaged in paragraph 4
of Commission resolution 1993/20;
5. Requests the Secretary-General to prepare, for that meeting, a report
containing a survey of efforts made by different United Nations bodies
to prevent and combat racism, racial discrimination, xenophobia and related
intolerance, together with proposals on how these efforts can be strengthened
and better coordinated.
19th meeting
16 August 1993
[Adopted without a vote. See chap. VI.]
1993/4. Methods of work of the Sub-Commission
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolution 1992/8 of 26 August 1993 and the guidelines
annexed thereto concerning its methods of work, which are being applied
from the present session,
Noting with satisfaction that the Commission on Human Rights, in its resolution 1993/28
of 5 March 1993, took note with appreciation of the significant
steps taken by the Sub-Commission to rationalize and streamline its work,
Noting the invitation addressed by the Commission to the Sub-Commission,
in paragraph 5 of resolution 1993/28, to continue its consideration
of ways in which its work should be improved,
1. Decides to convene, during its forth-sixth session, a sessional working
group to continue the study of its methods of work, with particular emphasis
on the methods to be used and procedures to be followed under item 6
of its agenda concerning the violation of human rights and fundamental freedoms,
as well as on the means to ensure the follow-up of recommendations and conclusions
of studies undertaken under the auspices of the Sub-Commission.
26th meeting
20 August 1993
[Adopted without a vote. See chap. IV.]
1993/5. Report of the Working Group on Contemporary
Forms of Slavery
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Taking note of the report of the Working Group on Contemporary Forms of
Slavery on its eighteenth session (E/CN.4/Sub.2/1993/30),
Deeply concerned at the information it contains relating to the traffic
in persons and the exploitation of the prostitution of others, the sale
of children, child prostitution and child pornography, the exploitation
of child labour, debt bondage, the removal of organs, the slavery-like practices
of apartheid and colonialism, and the phenomenon of child soldiers,
1. Expresses its appreciation to the Working Group on Contemporary Forms
of Slavery for its valuable work, in particular for its continued broad
approach and flexible methods of work;
A. Special Rapporteur on the sale of children, child prostitution and
child pornography
2. Expresses its thanks to the Special Rapporteur on the sale of children,
child prostitution and child pornography for participating in the eighteenth
session of the Working Group;
3. Requests the Centre for Human Rights to transmit the report of the Working
Group to the Special Rapporteur;
4. Invites the Special Rapporteur to participate in the nineteenth session
of the Working Group;
B. Programme of Action for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography
5. Encourages all Governments to consider, in the context of the Programme
of Action for the Prevention of the Sale of Children, Child Prostitution
and Child Pornography, the creation of programmes aimed at the social rehabilitation
of all persons involved in prostitution, and of children in particular;
6. Takes note of the information on the state of implementation of the Programme
of Action submitted by States, specialized agencies and non-governmental
organizations contained in the report of the Working Group submitted pursuant
to paragraph 6 of Sub-Commission resolution 1992/2 of 14 August 1992
(E/CN.4/Sub.2/1993/31 and Add.1);
7. Decides, in accordance with its resolution 1992/2, to transmit that report
to the Commission on Human Rights at its fiftieth session;
C. Removal of organs from children
8. Requests, as a matter of urgency, the Secretary-General to invite again
all Governments, United Nations bodies, including the United Nations
Children's Fund, the specialized agencies, in particular the World Health
Organization, the International Criminal Police Organization (INTERPOL)
and all relevant non-governmental organizations to pursue in-depth investigations
of allegations concerning the removal of organs from children and to indicate
the measures taken, if any, to counteract this practice wherever it exists,
with a view to reporting thereon to the Working Group at its nineteenth
session;
9. Welcomes the adoption by the Commission on Human Rights in its resolution 1993/79
of 10 March 1993 of the Programme of Action for the Elimination
of the Exploitation of Child Labour;
10. Requests the Secretary-General, in accordance with Commission on Human
Rights resolution 1993/79, to invite all States to inform the Working
Group of measures adopted or to be adopted in the near future to implement
the Programme of Action;
11. Requests the Working Group to examine at its nineteenth session the
state of implementation of the Programme of Action and to transmit a report
thereon, through the Sub-Commission, to the Commission;
12. Takes note with satisfaction of Commission on Human Rights decision 1993/112
of 10 March 1993 authorizing the Sub-Commission to consider the
possibility of appointing a special rapporteur to update the report of Mr. Abdelwahab Bouhdiba
(E/CN.4/Sub.2/479), and to extend that study to the problem of debt bondage;
13. Decides to appoint Mrs. Halima Embarek Warzazi as Special Rapporteur
to update the report of Mr. Boudhiba and to extend the study to the problem
of debt bondage;
14. Decides to keep the question of debt bondage under consideration and
to assess the progress achieved, with a view to the elimination of this
intolerable practice;
15. Expresses its deep concern that in many parts of the world children
are recruited into armed forces and that some Governments and non-governmental
entities encourage and sometimes compel children to take part in hostilities;
16. Requests the Working Group to continue to give attention to this question
at its nineteenth session;
17. Recommends that the Commission on Human Rights examine the draft
programme of action for the prevention of traffic in persons and exploitation
of the prostitution of others at its fiftieth session;
18. Requests the Secretary-General to continue to seek the views of States
concerning the draft programme of action for submission to the Commission
at its fiftieth session;
19. Requests the Secretary-General to convey to the World Tourism Organization
the Working Group's grave concern at the information received during its
eighteenth session with regard to the persistence and the development of
sex tourism;
20. Encourages all Governments to establish specific projects for the protection
of the victims of traffic in persons and of prostitution from the risk of
contamination with the human immunodeficiency virus and the spreading of
acquired immunodeficiency syndrome;
21. Urges States to introduce and reinforce education programmes alerting
children to the risks of sexual exploitation and the consequences for individuals
and for society of such exploitation;
22. Requests all Governments to develop programmes in support of the family,
especially as part of the International Year of the Family;
23. Recommends that States take urgent measures designed to protect minors
from exposure to or involvement in child pornography, particularly in relation
to sex tourism, and requests the Secretary-General to invite States to provide
information on measures taken or already applicable;
24. Recommends that in all States national bodies for the prevention of
prostitution be established which could assist in the rehabilitation and
reintegration of victims of prostitution;
25. Recommends that the Secretary-General again request the States parties
to the international conventions on slavery to submit to the Sub-Commission,
at regular intervals, reports on the situation in their countries;
26. Requests the Secretary-General again to invite annually States which
have not acceded to or have not ratified the international conventions on
slavery to explain why they have not done so and to report on their replies
to the Sub-Commission and to the Commission, and to extend a similar invitation
to States which have not ratified the International Labour Organisation
conventions on forced labour;
27. Recommends that Governments avail themselves of the possibility of requesting
assistance under the United Nations programme of advisory services
in the field of human rights and the technical assistance programmes of
the specialized agencies, in particular that of the International Labour
Office;
28. Urges the specialized agencies to give particular attention to poverty
as a factor leading to or perpetuating slavery and slavery-like practices
and to include in their technical assistance programmes activities designed
to eliminate slavery and slavery-like practices;
29. Appeals to all Governments, governmental and non-governmental organizations,
private institutions and individuals to respond favourably to requests for
contributions to the United Nations Trust Fund on Contemporary Forms
of Slavery, and urges them to publicize the establishment and function of
the Trust Fund, so as to increase general awareness of its existence;
30. Invites a representative of the Trust Fund to attend the nineteenth
session of the Working Group;
31. Notes that in recent years many countries have been running their
development programmes, as well as the day-to-day maintenance of essential
services, with the help of a foreign migrant labour force and that foreign
workers are often subject to rules and regulations which are discriminatory
and prejudicial to dignified living, forcing them to live separately from
their spouse and their minor children, sometimes for extended periods;
32. Invites countries to ratify the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families, adopted
by the General Assembly in its resolution 45/158 of 18 December 1990;
33. Welcomes the decision of the Working Group to include consideration
of the practice of incest on the agenda of its nineteenth session and to
consider ways to combat this form of slavery, and urges that adequate help
be offered to victims of such practices;
34. Takes note of the decision of the Working Group to transmit the information
received at its eighteenth session on the sexual exploitation of women,
as well as other forms of forced labour during wartime, to the Special Rapporteur
on the right of restitution, compensation and rehabilitation for victims
of gross violations of human rights and fundamental freedoms and to the
Sub-Commission for their consideration;
35. Requests the Secretary-General to seek the views and suggestions of
Member States and of governmental and non-governmental organizations on
proposals for future action by the Working Group, with a view to the consideration
of their replies by the Working Group at its forthcoming sessions;
36. Appeals to all Governments to send representatives to the meetings of
the Working Group on Contemporary Forms of Slavery;
37. Encourages youth organizations and young persons from various non-governmental
organizations to participate in the meetings of the Working Group;
38. Welcomes the decision of the Working Group to give particular attention
to the issue of street children at its next sessions;
39. Recommends that arrangements regarding the organization of the sessions
of the Working Group, as endorsed by the Commission on Human Rights in its
resolution 1993/27 of 5 March 1993 and decision 1993/112
of 10 March 1993, be repeated in subsequent years;
40. Recommends that the Human Rights Committee, the Committee on Economic,
Social and Cultural Rights, the Committee on the Elimination of Discrimination
against Women and the Committee on the Rights of the Child, when examining
the periodic reports of States parties, give particular attention to the
implementation of, respectively, articles 8 and 24 of the International
Covenant on Civil and Political Rights, articles 10, 12 and 13 of the
International Covenant on Economic, Social and Cultural Rights, article 6
of the Convention on the Elimination of All Forms of Discrimination against
Women and articles 32, 34 and 36 of the Convention on the Rights of
the Child, with a view to combating contemporary forms of slavery;
41. Also recommends that the supervisory bodies of the International Labour
Organisation and the Committee on Conventions and Recommendations of the
United Nations Educational, Scientific and Cultural Organization give
particular attention in their work to the implementation of provisions and
standards designed to ensure the protection of children and other persons
exposed to contemporary forms of slavery, such as the sale of children,
child prostitution and child pornography, the exploitation of child labour,
bonded labour and the traffic in persons;
42. Requests the Secretary-General to transmit to the above-mentioned committees,
the special rapporteurs concerned and the Working Group on Enforced or Involuntary
Disappearances the present resolution, as well as the report of the Working
Group on its eighteenth session, drawing their attention to the recommendations
contained therein of relevance to them;
43. Again requests the Secretary-General to reassign to the Working Group
a full-time Professional staff member of the Centre for Human Rights, as was
the case in the past, to work on a permanent basis to ensure continuity
and close coordination within and outside the Centre for Human Rights on
issues relating to contemporary forms of slavery, to prepare documentation
well in advance, and facilitate the representation at sessions of the Working
Group of the largest possible number of intergovernmental and non-governmental
organizations with competence in the fields examined, and to report on the
measures taken for this purpose to the Commission on Human Rights at its
fiftieth session and to the Working Group on Contemporary Forms of Slavery
at its nineteenth session;
44. Again requests the Secretary-General to designate the Centre for Human
Rights as the focal point for the coordination of activities in the United Nations
for the suppression of contemporary forms of slavery and to report on the
measures taken for this purpose to the Commission on Human Rights at its
fiftieth session and to the Working Group on Contemporary Forms of Slavery
at its nineteenth session.
26th meeting
20 August 1993
[Adopted without a vote. See chap. XVI.]
1993/6.Additional assistance in studying ways and means
of resolving problems arising from the former institution of slavery
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recognizing that slavery cannot be effectively abolished by legislation
alone,
Welcoming the efforts of Governments to ensure development in areas with
a sizeable population of former slaves and their descendants,
Having regard to the fact that in order truly to recover their freedom former
slaves must be given economic and other means to enjoy their fundamental
rights and liberties,
Concerned that a large number of former slaves and their descendants are
still suffering grave consequences from, and are still subject to, practices
similar to slavery,
Aware that projects designed to assist former slaves and their descendants
in recovering and enjoying their rights and liberties will be successful
if they are based on a thorough knowledge of the issues and problems and
if they are designed in consultation with the former slaves and their descendants
themselves,
1. Calls upon those Governments concerned, academics and social scientists
and international non-governmental organizations to undertake and carry
through social science research projects to investigate all aspects of slavery
and slavery-like practices for the purpose of finding ways to eradicate
the phenomenon;
2. Calls upon the Economic Commission for Africa, the United Nations
Development Programme, the United Nations Educational, Scientific and
Cultural Organization and other United Nations bodies and specialized
agencies and donor countries to support and assist in the implementation
of such research projects and development plans.
26th meeting
20 August 1993
[Adopted without a vote. See chap. XVI.]
1993/7. Working Group on Contemporary Forms of Slavery
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling Commission on Human Rights resolution 1989/35 of 6 March
1989, in which the Commission requested the Secretary-General to undertake
a study on the ways and means by which an effective mechanism might be established
for the implementation of the Conventions on slavery,
Recalling the study prepared by the Secretary-General pursuant to the above
request (E/CN.4/Sub.2/1989/37),
Recalling Commission on Human Rights resolutions 1990/63 of 7 March 1990,
1991/58 of 6 March 1991, 1992/47 of 3 March 1992 and 1993/27
of 5 March 1993, in which the Commission, inter alia, encouraged
the Sub-Commission, including its Working Group on Contemporary Forms of
Slavery, to continue to elaborate recommendations on the ways and means
of establishing an effective mechanism for the implementation of the Conventions
on slavery,
Conscious of the interest in giving concrete application to the recommendations
formulated by the Working Group and contained in its reports and to the
Programme of Action for the Elimination of the Exploitation of Child Labour,
adopted by the Commission at its forty-ninth session, and the Programme
of Action for the Prevention of the Sale of Children, Child Prostitution
and Child Pornography adopted at its forty-eighth session,
1. Decides to continue its consideration of the question at its forty-sixth
session under the same agenda item;
2. Recommends the following draft resolution to the Commission on Human
Rights for adoption:
[For the text, see chap. I, sect. A, draft resolution I]
26th meeting
20 August 1993
[Adopted without a vote. See chap. XVI.]
1993/8. Punishment of the crime of genocide
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the purposes and principles of the Charter of the United Nations,
the Universal Declaration of Human Rights and other relevant international
human rights instruments, in particular the Convention on the Prevention
and Punishment of the Crime of Genocide,
Conscious of its responsibility to contribute to the promotion and encouragement
of respect for human rights and fundamental freedoms and to prevent violations
of such rights,
Recalling General Assembly resolution 3074 (XXVIII) of 3 December 1973,
entitled "Principles of international cooperation in the detection,
arrest, extradition and punishment of persons guilty of war crimes and crimes
against humanity",
Welcoming Commission on Human Rights resolution 1992/S-2/1 of 1 December 1992,
in which the Commission called on all States to consider the extent to which
acts committed in Bosnia and Herzegovina and in Croatia constituted genocide,
and resolution 1993/7 of 23 February 1993 on the situation of human rights
in the territory of the former Yugoslavia,
Welcoming also General Assembly resolution 47/121 of 18 December 1992, in
which the Assembly stated that the policy of ethnic cleansing was a form
of genocide,
Noting the relevant Security Council resolutions, in particular resolutions
798 (1992) of 18 December 1992 and 808 (1993) of 22 February 1993, in which
the Council decided that an international tribunal should be established
for the prosecution of persons responsible for serious violations of international
humanitarian law committed in the territory of the former Yugoslavia,
Aware that in its Order of 8 April 1993 concerning the application of the
Convention on the Prevention and Punishment of the Crime of Genocide, the
International Court of Justice found that circumstances in the territory
of the former Yugoslavia required it to indicate provisional measures for
the protection of rights under the Convention,
Taking into account that the Convention on the Prevention and Punishment
of the Crime of Genocide confirms that genocide, whether committed in time
of peace or in time of war, is a crime under international law which States
have undertaken to prevent and to punish,
1. Affirms that all persons who perpetrate or authorize the commission of
genocide and related crimes are individually responsible for such actions
and that those in positions of authority who have failed adequately to ensure
that persons under their control comply with the relevant principles of
international law are accountable along with the perpetrators;
2. Reminds States Members of the United Nations which are parties to
the Convention on the Prevention and Punishment of the Crime of Genocide
of their obligation under article V to enact, in accordance with their
respective Constitutions, the necessary legislation to give effect to the
provisions of that Convention and, in particular, to provide effective penalties
for persons guilty of genocide or any of the other acts proscribed in the
Convention;
3. Recalls that under article VI of the Convention persons charged with
genocide or related crimes shall be tried by a competent tribunal of the
State in the territory of which the act was committed, or by such international
penal tribunal as may have jurisdiction;
4. Urges States Members of the United Nations to make every effort
to bring to justice, in accordance with internationally recognized principles
of due process, all those individuals directly or indirectly involved in
the unspeakable crimes committed in Bosnia and Herzegovina, elsewhere in
the territory of the former Yugoslavia or in any other part of the world.
26th meeting
20 August 1993
[Adopted without a vote. See chap. VII.]
1993/9. Situation in Kosovo
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the provisions 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 Discrimination (Employment and Occupation) Convention,
the Convention against Discrimination in Education, the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as
well as the Basic Principles on the Independence of the Judiciary,
Recalling also its decision 1992/103 of 13 August 1992, concerning
the human rights situation within the territory of the former Yugoslavia,
Recalling further Commission on Human Rights resolution 1992/S-1/1 of 14 August
1992, in which the Commission condemned all violations of human rights within
the territory of the former Yugoslavia and called upon all parties to cease
those violations immediately and to take all necessary steps to ensure full
respect for human rights and fundamental freedoms and humanitarian law,
Recalling Commission on Human Rights resolution 1993/7 of 23 February 1993,
in which the Commission demanded that the authorities of the Federal
Republic of Yugoslavia (Serbia and Montenegro) respect the human rights
and fundamental freedoms of ethnic Albanians in Kosovo,
Bearing in mind the fourth report of the Special Rapporteur on the situation
of human rights in the territory of the former Yugoslavia (E/CN.4/1993/50)
which described, inter alia, the various discriminatory measures taken in
the legislative, administrative and judicial areas, summary executions,
acts of violence and arbitrary arrests perpetrated against ethnic Albanians
in Kosovo,
Noting with concern the information contained in the above-mentioned report
of the Special Rapporteur on the situation of human rights in the territory
of the former Yugoslavia, as reflected in Commission on Human Rights resolution
1993/7, as well as the alarming information issuing from other reliable
sources describing, in particular:
(a) Acts of police violence against ethnic Albanians, arbitrary searches, seizures and arrests, torture and ill-treatment of detained persons and discrimination practised in the administration of justice, creating a climate in which criminal acts are committed, particularly against ethnic Albanians, with absolute impunity;
(b) Discriminatory dismissals of ethnic Albanian civil servants, in particular within the police force and the judiciary, the massive dismissals of ethnic Albanians working in administrative, managerial or other specialized capacities within State enterprises and public institutions, including, in particular, teachers in educational institutions now run by Serbs, and the closure of Albanian secondary schools and universities;
(c) The arbitrary imprisonment of ethnic Albanian journalists, the banning of Albanian language media outlets and the discriminatory dismissal of ethnic Albanians working in local radio and television stations;
(d) The dismissal of ethnic Albanian doctors and other medical professionals and non-professionals working in clinics and hospitals;
(e) The banning of the use of the Albanian language, notably within the public administration and services,
(a) To take whatever measures may be necessary to bring the human rights violations inflicted on the ethnic Albanians of Kosovo to an immediate halt, including, in particular, the discriminatory measures and practices, as well as the summary executions, arbitrary detentions and the use of torture and other cruel, inhuman or degrading treatment;
(b) To revoke all discriminatory legislation, in particular that which has entered into force since 1990;
(c) To re-establish the democratic institutions of Kosovo;
(a) To facilitate the appointment by the Special Rapporteur on
the situation of human rights in the territory of the former Yugoslavia, in accordance with paragraph 34 of Commission on Human Rights resolution 1993/7, of officers mandated to inform him about the evolution of the situation of human rights, especially in Kosovo;
(b) To allow the CSCE missions of long duration to continue their activities pursuant to the terms of Security Council resolution 855 (1993) of 9 August 1993 on the termination of the CSCE monitoring mission.
(a) The use of excessive force and violence to suppress anti-government gatherings and demonstrations;
(b) The continuing execution of political prisoners and the assassination of opponents abroad;
(c) The stoning, torture and degrading treatment of citizens, especially women;
(d) The continued persecution of Baha'is and other religious minorities;
(e) The harassment of Iranian political refugees' relatives inside the Islamic Republic of Iran to coerce the refugees to return to the country or to cooperate on intelligence matters;
(a) Its gross violations of the rules of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and calls upon Israel to desist immediately from those practices and to withdraw from the Palestinian and other occupied Arab territories, in accordance with the principles of international law and the relevant United Nations resolutions;
(b) Continuing the policy of deporting Palestinian citizens and for expelling them from their homeland, as happened to more than 400 Palestinian citizens on 17 December 1992, and calls upon Israel to comply with the relevant resolutions of the Security Council, the most recent being resolution 799 (1992) of 18 December 1992, as well as with the relevant resolutions of the General Assembly and the Commission on Human Rights, and to refrain from such a policy, which violates the principles of international law;
(c) Establishing Israeli settlements in the Palestinian and other occupied Arab territories and calls for them to be dismantled, and confirms that all measures taken by Israel with the purpose of annexing these territories or altering the political, cultural, religious or other character of Jerusalem and the Palestinian and other Arab territories occupied since 1967 are illegal, null and void;
(d) Its continued occupation of the Syrian Golan and its defiance of the relevant United Nations resolutions, in particular Security Council resolution 497 (1981) of 17 December 1981, and reaffirms that the decision by Israel in 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan is null and void;
(e) The inhuman treatment and terrorist practices in violation of human rights which the Israeli occupation authorities continue to exercise against Syrian Arab citizens in the occupied Syrian Golan for their refusal to carry Israeli identity cards and in order to force them to carry such cards, which practices constitute a flagrant violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and requests all States and competent international organizations not to recognize any Israeli laws, jurisdiction or administration in respect of the occupied Syrian territory;
(a) To reject any permanent partition which results from aggression, intervention and massive violations of human rights, in particular the abhorrent practice of "ethnic cleansing" that has developed into "religious cleansing";
(b) To deny the validity of any agreement obtained under extreme duress from the Government of the Republic of Bosnia and Herzegovina for purposes other than a cessation of hostilities paving the way for a more lasting peaceful settlement based on the principles of the Charter of the United Nations, including respect for human rights and fundamental freedoms without discrimination on the grounds, inter alia, of race, ethnicity or religion;