U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities, Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its 46th Session, U.N. Doc. E/CN.4/Sub.2/1994/56 (1994).

Distr.
GENERAL
E/CN.4/1995/2
E/CN.4/Sub.2/1994/56
28 October 1994
Original: ENGLISH

CONTENTS

I. Draft resolutions and decisions recommended to the Commission on Human Rights for adoption

A. Draft resolutions

I. Prevention of discrimination and protection of minorities

II. Human rights and the environment

III. Question of human rights and states of emergency

IV. Promoting the realization of the right to adequate housing

V. Human rights and extreme poverty

B. Draft decisions

1. A world conference against racism, racial and ethnic discrimination, xenophobia and other related contemporary forms of intolerance

2. Report of the Working Group on Contemporary Forms of Slavery

3. United Nations Trust Fund on Contemporary Forms of Slavery

4 Machinery for monitoring the international conventions on slavery

5. 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

6. Recognition of gross and large-scale violations of human rights as an international crime

7. Discrimination in the context of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS)

8. Traditional practices affecting the health of women and children

9. The right to a fair trial

10. Measures towards the full realization of economic, social and cultural rights

11. Human rights and income distribution

12. Discrimination against indigenous peoples

13. International Decade of the World's Indigenous People

14. Protection of the heritage of indigenous peoples

15. Participation of indigenous persons and organizations in bodies of the United Nations during discussion of the draft United Nations declaration on the rights of indigenous peoples

16. Permanent forum in the United Nations for indigenous people

17. Study on treaties, agreements and other constructive arrangements between States and indigenous populations

A. Resolutions

1994/1. Situation in Rwanda

1994/2. A world conference against racism, racial and ethnic discrimination, xenophobia and other related contemporary forms of intolerance

1994/3. Monitoring the transition to democracy in South Africa

1994/4. Prevention of discrimination and protection of minorities

1994/5. Report of the Working Group on Contemporary Forms of Slavery

1994/6. United Nations Trust Fund on Contemporary Forms of Slavery

1994/7. Machinery for monitoring the international conventions on slavery

1994/8. Children and the right to adequate housing

1994/9. Situation of children deprived of their liberty

1994/10. Human rights and disability

1994/11. Strengthening the prevention and punishment of the crime of genocide

1994/12. The situation of the Greek ethnic minority in Albania: infringement of the rules for a fair trial

1994/13. Situation in the Middle East

1994/14. Situation of human rights in Iraq

1994/15. Violation of the human rights of staff members of the United Nations system and other persons acting under the authority of the United Nations

1994/16. Situation of human rights in the Islamic Republic of Iran

1994/17. Situation in Burundi

1994/18. Human rights and terrorism

1994/19. Situation of human rights in Chad

1994/20. Situation of human rights in Togo

1994/21. Situation in Bougainville

1994/22. Situation of human rights in Haiti

1994/23. Situation of human rights in Guatemala

1994/24. The right to freedom of movement

1994/25. 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

1994/26. Minimum humanitarian standards

1994/27. Human rights and the environment

1994/28. Recognition of gross and large-scale violations of human rights as an international crime

1994/29. Discrimination in the context of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS)

1994/30. Traditional practices affecting the health of women and children

1994/31. Encouragement of universal acceptance of human rights instruments

1994/32. Strengthening of the Centre for Human Rights

1994/33. Right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms

1994/34. Question of the impunity of perpetrators of violations of human rights

1994/35. The right to a fair trial

1994/36. Question of human rights and states of emergency

1994/37. Measures towards the full realization of economic, social and cultural rights

1994/38. Promoting the realization of the right to adequate housing

1994/39. Forced evictions

1994/40. Human rights and income distribution

1994/41. Human rights and extreme poverty

1994/42. Human rights dimensions of population transfer, including the implantation of settlers and settlements

1994/43. Human rights of women and the girl child

1994/44. Relocation of Navajo and Hopi families

1994/45. Draft United Nations declaration on the rights of indigenous peoples

1994/46. Discrimination against indigenous peoples

1994/47. International Decade of the World's Indigenous People

1994/48. Protection of the heritage of indigenous people

1994/49. Participation of indigenous persons and organizations in bodies of the United Nations during discussion of the draft United Nations declaration on the rights of indigenous peoples

1994/50. Permanent forum in the United Nations for indigenous people

B. Decisions

1994/101. Adoption of the agenda of the forty-sixth session of the Sub-Commission

1994/102. Consideration of the situation of human rights in Rwanda

1994/103. Minute of silence

1994/104. Establishment of the sessional working group on the administration of justice and the question of compensation of the Sub-Commission

1994/105. Establishment of a sessional working group on methods of work of the Sub-Commission

1994/106. Organization of work

1994/107. International peace and security as an essential condition for the enjoyment of human rights, above all the right to life

1994/108. Human rights and scientific and technological developments

1994/109. Slavery during wartime

1994/110. Voting by secret ballot on proposals pertaining to allegations of violations of human rights in countries

1994/111. Humanitarian situation in Iraq

1994/112. Situation in the Palestinian and other Arab territories occupied by Israel

1994/113. Concept and issues relating to "enclaved groups"

1994/114. Obstacles to the establishment of a democratic society
1994/115. Pre-sessional working group on minorities

1994/116. Study on treaties, agreements and other constructive arrangements between States and indigenous populations

1994/117. Sessional working group on methods of work

1994/118. Message of support to Mr. Despouy

1994/119. 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-Commission

B. Monitoring the transition to democracy in South Africa

A. The role and equal participation of women in development

A. Question of the human rights of persons subjected to any form of detention or imprisonment

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

E. Independence and impartiality of the judiciary, jurorsand assessors and the independence of lawyers

A. Prevention of discrimination and protection of children: human rights and youth

B. Human rights and disability

A. Situation of migrant workers and members of their families

(a) Completed at the forty-sixth session of the Sub-Commission

(b) Ongoing studies and reports entrusted to Special Rapporteurs in accordance with existing legislative authority

(c) Annual reports entrusted to Special Rapporteurs in accordance with existing legislative authority

(d) Working papers and other documents entrusted to members of the Sub-Commission in accordance with existing legislative authority

(e) New studies and reports recommended to the Commission on Human Rights for approval

A. Draft resolutions

I. Prevention of discrimination and protection of minorities

The Commission on Human Rights,

Taking note of resolution 1994/4 of 19 August 1994 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,

1. Endorses the recommendations:

(a) That an inter-sessional working group of the Sub-Commission be established, consisting of five of its members, to examine, inter alia, peaceful and constructive solutions to situations involving minorities, and in particular to:

(i) Review the practical application of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities;

(ii) Provide recommendations to the Sub-Commission and other competent entities, including the High Commissioner for Human Rights, on further measures for the protection of minorities in cases where the working group finds a risk of the eruption or escalation of violence between different groups in society;

(iii) Promote dialogue between minority groups in society and between those groups and Governments;

(b) To request the assistance of Mr. Asbjørn Eide to prepare an analytical report on minority issues, as envisaged in Commission resolution 1994/22 of 1 March 1994, to submit a preliminary report to the Commission at its fifty-second session and a final report at its fifty-third session, bearing in mind in particular the new developments affecting minorities;

(c) That the Centre for Human Rights be strengthened to enable it to provide adequate services to the working group and for relevant studies, and for the purpose of undertaking relevant evaluation and action in this field;

(d) That the study by Mr. Eide on possible ways and means of facilitating the peaceful and constructive solution of problems involving minorities (E/CN.4/Sub.2/1993/34 and Add.1-4) be published in all the official languages of the United Nations and given the widest possible circulation;

(a) Establish an inter-sessional working group of the Sub-Commission to examine, inter alia, peaceful and constructive solutions to situations involving minorities, and in particular to:

(i) Review the practical application of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities;

(ii) Provide recommendations to the Sub-Commission and other competent entities, including the High Commissioner for Human Rights, on further measures for the protection of minorities in cases where the working group finds a risk of the eruption or escalation of violence between different groups in society;

(iii) Promote dialogue between minority groups in society and between those groups and Governments;

(b) Request the assistance of Mr. Asbjørn Eide to prepare an analytical report on minority issues, as envisaged in Commission resolution 1994/22 of 1 March 1994, to submit a preliminary report to the Commission at its fifty-second session and a final report at its fifty-third session, bearing in mind in particular the new developments affecting minorities;

(c) Strengthen the Centre for Human Rights to enable it to provide adequate services to the working group and for the purpose of undertaking relevant studies, evaluation and action required in this field;

(d) Publish the study by Mr. Eide on possible ways and means of facilitating the peaceful and constructive solution of problems involving minorities (E/CN.4/Sub.2/1993/34 and Add.1-4) in all the official languages of the United Nations and to give it the widest possible circulation.

(a) Monitor, examine and receive communications and to make recommendations on environmental problems affecting the full enjoyment of human rights;

(b) Seek comments on the draft principles on human rights and the environment annexed to the final report of the Special Rapporteur of the Sub-Commission and to make recommendations regarding the draft;

"The Economic and Social Council, taking note of Commission on Human Rights resolution 1995/.. of ....1995, decides to endorse the Commission's decision to appoint a special rapporteur on human rights and the environment, the Commission's request to the Secretary-General to provide the Special Rapporteur with all necessary assistance and the Commission's request that the final report of the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on human rights and the environment (E/CN.4/Sub.2/1994/9) be published by the United Nations in all the official languages."

"The Economic and Social Council,

Recalling Commission on Human Rights resolution 1995/... of ... 1995 and Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1994/36 of 26 August 1994,

1. Approves the Sub-Commission's request to the Special Rapporteur on human rights and states of emergency, Mr. Leandro Despouy, to fulfil his mandate, notably relating to the holding of an expert meeting (i) to study non-derogable rights in states or situations of emergency and the international principles to be taken into account in drafting national legal rules, and (ii) to establish a database on states of emergency and related human rights questions;

2. Requests the Secretary-General to place at the disposal of the Special Rapporteur the human and material resources to fulfil his mandate in accordance with the foregoing."

"The Economic and Social Council, taking note of Commission on Human Rights resolution 1995/.. of... 1995 and resolution 1994/38 of 26 August 1994 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities decides to approve the Commission's requests to the Secretary-General to:

(a) Provide the Special Rapporteur on the right to adequate housing with all the necessary financial, technical and expert assistance required for the completion of his final report;

(b) Organize an expert seminar on promoting the full realization of the right to adequate housing in order to discuss appropriate, effective and comprehensive conclusions and recommendations for inclusion in the final report of the Special Rapporteur."

"The Economic and Social Council,

Recalling Commission on Human Rights resolution 1995/... of ... 1995 and resolution 1994/41 of 26 August 1994 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,

1. Takes note of the proposals of the Special Rapporteur on the study of the question of human rights and extreme poverty, Mr. Leandro Despouy;

2. Requests the Secretary-General to make available to the Special Rapporteur the human and material resources necessary for the fulfilment of his mandate."

"The Economic and Social Council, noting decision 1995/... of .... 1995 of the Commission on Human Rights and resolution 1994/6 of 19 August 1994 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, endorses the recommendation that, in order to make the Trust Fund more effective, the General Assembly consider amending the criteria for the Fund contained in its resolution 46/122 of 17 December 1991, in order to clarify the purposes of the Fund by reprioritizing them and, consequently, to reprioritize the potential beneficiaries, by reversing the order of subparagraphs 1 (e) (i) and 1 (e) (ii) of resolution 46/122."

"The Economic and Social Council, taking note of Commission on Human Rights resolution 1995/... of ... 1995 and resolution 1994/25 of 26 August 1994 of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, authorizes the appointment of Ms. Claire Palley as Special Rapporteur on the 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. The Council 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."

"The Economic and Social Council, noting Commission on Human Rights decision 1995/.. of ..... 1995 and resolution 1994/30 of 26 August 1994 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, approves the Commission's endorsement of the Sub-Commission's recommendations that:

(a) The mandate of the Special Rapporteur, Ms. Halima Embarek Warzazi, be extended for two more years, in order to enable her to undertake an in-depth study to assess, inter alia, the differences and similarities between traditional practices affecting the health of women and children in many parts of the world, taking into consideration, among other relevant documents and information, the conclusions and recommendations of the regional seminars and the effects of the implementation of the Plan of Action for the Elimination of Harmful Traditional Practices affecting the Health of Women and Children;

(b) The Special Rapporteur be requested to submit her preliminary report to the Sub-Commission at its forty-seventh session and her final report at its forty-eighth session; and

(c) That the Secretary-General be requested to provide all the assistance that the Special Rapporteur may require in the exercise of her mandate."

"The Economic and Social Council, recalling its decision 1994/251 of 22 July 1994, 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 publish their compiled report on the right to a fair trial and a remedy, as described in Sub-Commission resolution 1994/35 of 26 August 1994, and requests the Secretary-General to provide all assistance necessary for the compilation and publication of the compiled report."

(a) The International Decade have an operational focus and that the theme for the Decade be "Indigenous peoples: a new relationship: partnership in action";

(b) Attention be paid to improving the extent and effectiveness of indigenous participation in planning and implementing the activities for the Decade, including through the recruitment of indigenous staff by all relevant United Nations bodies and agencies, funds for this purpose being provided from the regular budget of the United Nations and the specialized agencies;

(c) The International Day of Indigenous People be observed every year on 9 August, that date being the anniversary of the first day of the first meeting of the Working Group on Indigenous Populations in 1982;

(d) A second technical meeting on the International Decade be convened prior to the thirteenth session of the Working Group on Indigenous Populations to consider the final programme of action for the Decade and that its suggestions be referred to the Working Group for elaboration;

(e) The Secretary-General consider renewing the appointment of Ms. Rigoberta Menchú Tum as United Nations Goodwill Ambassador; and recommends the following draft decision to the Economic and Social Council for adoption:

"The Economic and Social Council, noting Commission on Human Rights decision 1995/... of ..... 1995 and resolution 1994/47 of 26 August 1994 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, approves the Commission's recommendations that:

(a) The International Decade have an operational focus and that the theme for the Decade be 'indigenous peoples: a new relationship: partnership in action';

(b) Attention be paid to improving the extent and effectiveness of indigenous participation in planning and implementing the activities for the Decade, including through the recruitment of indigenous staff by all relevant United Nations bodies and agencies, funds for this purpose being provided from the regular budget of the United Nations and the specialized agencies;

(c) The International Day of Indigenous People be observed every year on 9 August, that date being the anniversary of the first day of the first meeting of the Working Group on Indigenous Populations in 1982;

(d) A second technical meeting on the International Decade be convened prior to the thirteenth session of the Working Group on Indigenous Populations to consider the final programme of action for the Decade and that its suggestions be referred to the Working Group for elaboration; and that

(e) The Secretary-General consider renewing the appointment of
Ms. Rigoberta Menchú Tum as United Nations Goodwill Ambassador."

"The Economic and Social Council, noting decision 1995/... of ... 1995 of the Commission on Human Rights, welcomes the preliminary report on the protection of the heritage of indigenous people (E/CN.4/Sub.2/1994/31) and the relevant principles and guidelines contained in its annex; expresses its deep appreciation to the Special Rapporteur, Ms. Erica-Irene Daes; requests the Secretary-General to submit the principles and guidelines to indigenous people's organizations, communities and nations, as well as non-governmental organizations concerned for their comments; authorizes the Special Rapporteur to prepare her final report taking into consideration, inter alia, the comments and information received and to submit it to the Sub-Commission at its forty-seventh session; and requests the Secretary-general to provide the Special Rapporteur with all the assistance necessary to enable her to carry out her mandate successfully."

"The Economic and Social Council, noting decision 1995/... of ... March 1995 of the Commission on Human Rights and decision 1994/116 of 26 August 1994 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, endorses the recommendation that the Special Rapporteur, Mr. Miguel Alfonso Martínez, make all possible efforts to submit his second progress report in 1995 to the Working Group on Indigenous Populations at its thirteenth session and to the Sub-Commission at its forty-seventh session, as well as his final report to both bodies in 1996. The Council also endorses the recommendation to request the Secretary-General to give the Special Rapporteur all the necessary assistance to allow him to continue his work, in particular by providing for the specialized research assistance required and for the necessary trips to Geneva for consultation with the Centre for Human Rights, and the resources needed for a research mission to the Vatican archives in Rome."

A. Resolutions

1994/1. Situation in Rwanda

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Deeply concerned at the convincing and appalling evidence of the genocide resulting from the massacres of the Tutsis, the political assassinations of the Hutus and the various attacks on human rights in Rwanda,

Conscious that this tragedy is the outcome of policies of discrimination which have divided the people of Rwanda and brought great suffering,

Conscious also of the pernicious role played, both in the past and at the present time, by certain States, groups or individuals in the tragedy of Rwanda,

Convinced of the urgent need to take all requisite steps to put an end to this situation,

1. Demands an immediate end to the massacres and sufferings imposed on the people of Rwanda with the complicity of certain States, by proceeding more particularly to rapid and complete disarmament of the militias and extremist elements of the former Rwandese forces which are guilty of these massacres;

2. Deplores the fact that the tardy and insufficiently effective intervention of the international community, including the United Nations and its various organs, as well as the Organization of African Unity, did not, when it was still possible, make it possible to prevent the genocide, yet takes note with satisfaction of the humanitarian assistance efforts made, notably within the United Nations system;

3. Calls for all measures to be taken to encourage the voluntary return, in complete security, to their homes and lands, of all the Rwandese refugees;

4. Hopes that the epidemics, including cholera and dysentery, decimating the people of Rwanda will be contained, with a view to their eradication by all possible means;

5. Calls for Rwanda and its people, with the collaboration of the Organization of African Unity, to be given all the help and assistance needed for the establishment of a State governed by the rule of law and for the reconstruction of the country, in conformity with the decisions and the interests of the people of Rwanda;

6. Reminds all States, whether neighbours of Rwanda or others, and the mass media, particularly the radio stations, of their obligation to maintain strict and objective neutrality towards the conflict and to put an immediate end to all propaganda and incitement to ethnic and racial hatred;

7. Calls for action to investigate, identify and establish the responsibilities, both national and international, of the individuals implicated in the war crimes, including the murder of bishops and members of religious communities, crimes against humanity and genocide in the tragedy of Rwanda, for the purpose of punishing those responsible and guaranteeing the victims or their heirs fair and equitable compensation in accordance with the principles of international law;

8. Calls for the adoption of appropriate measures by States which have granted asylum or other refuge to the individuals implicated in the massacres, so that they do not escape justice;

9. Stresses the importance of establishing an international criminal court in order to try the persons responsible for these crimes;

10. Calls the attention of the expert commission set up by the Secretary-General of the United Nations to the need: to inquire into the events which have led to the present situation, including the attack on the plane carrying the Presidents of Burundi and Rwanda, the assassination of the Prime Minister and of Rwandese ministers and dignitaries, as well as of the 10 United Nations soldiers assigned to protect the Prime Minister; to identify the Rwandese and foreign individuals implicated in the arms traffic or other illicit traffic; and to engage as a priority in identifying and finding evidence and establishing the responsibility of the proprietors, management and personnel of the media, especially "Radio Mille Collines", which continue to play a crucial role, by the manipulation of information, in the perpetration and spread of the atrocities;

11. Expresses the hope that effective follow-up will be ensured, in the context of existing United Nations machinery, to the report of the Special Rapporteur on the situation of human rights in Rwanda, which gives an account of the political assassinations and genocide that have taken place in Rwanda.

11th meeting
9 August 1994
[Adopted without a vote. See chap. VII.]



1994/2. A world conference against racism, racial and ethnic
discrimination, xenophobia and other related
contemporary forms of intolerance

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Reaffirming the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,

Recalling the two World Conferences to Combat Racism and Racial Discrimination, held at Geneva in 1978 and 1983,

Welcoming the outcome of the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, and, in particular, the attention given to the programme of action for the elimination of racism, racial discrimination, xenophobia and related intolerance,

Noting with grave concern that, despite the efforts of the international community, the principal objectives of the two Decades to Combat Racism and Racial Discrimination have not been attained and that millions of human beings continue to this day to be the victims of varied forms of racism and racial and ethnic discrimination,

Welcoming General Assembly resolution 48/91 of 20 December 1993, whereby the General Assembly decided to proclaim the Third Decade to Combat Racism and Racial Discrimination, beginning in 1993, and to adopt the Programme of Action proposed for the Third Decade,

Bearing in mind the sequence of world conferences programmed by the United Nations to take place before the year 2000,

Recommends to the Commission on Human Rights that, at its fifty-first session, it suggest, through the Economic and Social Council, to the General Assembly, at its fiftieth session, the possibility of convening a world conference against racism, racial and ethnic discrimination, xenophobia and other related contemporary forms of intolerance, to take place in 1997.

17th meeting
12 August 1994
[Adopted without a vote. See chap. VI.]


1994/3. Monitoring the transition to democracy in South Africa

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Welcoming the successful transition to a free, democratic and non-racial South Africa following the all-party elections in April 1994,
Desirous of assisting the Government of the new South Africa to attain its legitimate, chosen and established goals of racial harmony and the full realization of economic, social and cultural rights,

Noting with deep satisfaction the historic role of the Commission on Human Rights, the Sub-Commission and the international community over the years, most recently in facilitating the successful democratization of South Africa,

Noting also with satisfaction the report of the Special Rapporteur, Miss Judith Sefi Attah, on her mission to South Africa (E/CN.4/Sub.2/1993/11/Add.1), as well as the recommendations and conclusions contained therein,

Welcoming the invitation by the Government of South Africa to the Special Rapporteur to visit South Africa in the context of the preparation of her second and final report,

1. Takes note of the report of the Special Rapporteur and the recommendations and conclusions contained therein;

2. Requests the Special Rapporteur to submit her second and final report on the steps and measures being taken by the Government of South Africa to:

(a) Eradicate the legacies of apartheid;

(b) Rehabilitate its victims;

(c) Build confidence amongst the communities to promote reconciliation and harmony;

(d) Give effect to the realization and enjoyment of economic, social and cultural rights;

3. Expresses its appreciation to the Government of South Africa for its cooperation with and assistance to the Special Rapporteur in the discharge of her mandate;

4. Requests the Special Rapporteur to present her second and final report to the Commission on Human Rights at its fifty-first session and to the Sub-Commission at its forty-seventh session;

5. Requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary to discharge her mandate, including her visit to South Africa.

17th meeting
12 August 1994
[Adopted without a vote. See chap. VI.]


1994/4. Prevention of discrimination and protection of minorities

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Deeply concerned that the number of reported incidents attributable to racism, racial discrimination and xenophobia and related intolerance has increased,

Disturbed by the widespread occurrence of violent conflicts in many parts of the world where ethnic or religious hostility is engendered and exploited by one or more of the parties to the conflict,

Noting with great interest the valuable report submitted to the Commission on Human Rights at its fiftieth session by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Mr. Maurice Glélé-Ahanhanzo (E/CN.4/1994/66),

Recalling its resolution 1993/43 of 26 August 1993, in which it decided to consider at its forty-sixth session the follow-up to be given to the final report presented by Mr. Asbjørn Eide on possible ways and means of facilitating the peaceful and constructive solution of problems involving minorities (E/CN.4/Sub.2/1993/34 and Add.1-4), including the feasibility and usefulness of the preparation of a comprehensive programme for the prevention of discrimination and protection of minorities, and entrusted Mr. Eide with the task of preparing a working paper containing suggestions for such a programme,

Noting Commission on Human Rights resolution 1994/22 of 1 March 1994 on the rights of persons belonging to national or ethnic, religious and linguistic minorities,

Having examined in great detail the working paper submitted by Mr. Eide (E/CN.4/Sub.2/1994/36 and Corr.1), as well as the final report presented in 1993,

Convinced of the need to ensure equality and non-discrimination between all groups in society and to find peaceful and constructive solutions to minority situations in accordance with international law,

Taking note of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, and convinced that its implementation, in conjunction with the International Convention on the Elimination of All Forms of Racial Discrimination and all other relevant international instruments, provides the best guidance for such endeavours,

Reiterating that all groups should cooperate peacefully in the search for constructive accommodation of their respective concerns within the general framework of international human rights law and should abstain from any use of violence,

Emphasizing the need for system-wide cooperation within the United Nations to facilitate peaceful solutions to such situations,

Underlining the significant contributions which are made by the relevant treaty-monitoring bodies, in particular the Committee on the Elimination of Racial Discrimination, the Human Rights Committee and the Committee on the Rights of the Child, to this task,

Aware of the important contributions rendered by the High Commissioner for Human Rights,

Underlining the need for close cooperation between the Sub-Commission and the Commission on Human Rights in this field,

1. Expresses its profound appreciation to the Special Rapporteur, Mr. Asbjørn Eide, for the working paper containing suggestions for a comprehensive programme for the prevention of discrimination and protection of minorities as well as for his final report on possible ways and means of facilitating the peaceful and constructive solution of problems involving minorities;

2. Requests the Secretary-General to invite Governments and competent intergovernmental and non-governmental bodies to submit their comments on the recommendations contained in addendum 4 to the final report and to make the comments available at the forty-seventh session of the Sub-Commission;

3. Recommends that the final report be published in all the official languages of the United Nations and that it be given the widest possible circulation;

4. Endorses the proposals made in the working paper for the development by the Sub-Commission of a comprehensive programme to fulfil its dual mandate of prevention of discrimination and protection of minorities;

5. Decides that, beginning at its forty-seventh session, its agenda will include annually an item concerning a comprehensive examination of thematic issues relating to racism, xenophobia, minorities and migrant workers;

6. Recommends, as a first step, that the Commission on Human Rights request the Economic and Social Council to authorize the establishment of an inter-sessional working group of the Sub-Commission to examine, inter alia, peaceful and constructive solutions to situations involving minorities, and in particular to:

(a) Review the practical application of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities;

(b) Provide recommendations to the Sub-Commission and other competent entities, including the High Commissioner for Human Rights, on further measures for the protection of minorities in cases where the working group finds a risk of the eruption or escalation of violence between different groups in society;

(c) Promote dialogue between minority groups in society and between those groups and Governments;

A. Special Rapporteur on the sale of children, child prostitution and child pornography, including the problem of the adoption of children for commercial purposes

2. Warmly thanks the Special Rapporteur on the sale of children, child prostitution and child pornography, Mr. Vitit Muntarbhorn, for his participation in the nineteenth session of the Working Group and for his comprehensive intervention;

3. Takes note of the information on these problems submitted by the participants at the nineteenth session of the Working Group, and requests the Centre for Human Rights to transmit the information to the Special Rapporteur, along with the recommendations relating to his mandate;

4. Requests the Special Rapporteur, within the framework of his mandate, to continue to pay attention to issues relating to trafficking in children, such as alleged transplantation of organs, disappearances, the purchase and sale of children, adoptions for commercial purposes or exploitation and child prostitution;

5. Invites the Special Rapporteur to participate in the twentieth session of the Working Group;

B. Programme of Action for the Prevention of the Sale of Children,
Child Prostitution and Child Pornography

6. Requests the Secretary-General to invite States to inform the Working Group of measures adopted to implement the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and to submit a report thereon to the Sub-Commission at its forty-seventh session and to the Commission at its fifty-second session;

7. Encourages all Governments to consider, in the context of the Programme of Action, the creation of programmes aimed at the social rehabilitation of all victims of trafficking, prostitution and pornography, in particular children, and requests international cooperation for establishing and implementing such programmes;

C. Removal of organs from children

8. Requests the Secretary-General to invite again all Governments, United Nations organizations and bodies, including the United Nations
Children's Fund, the specialized agencies, in particular the World Health Organization, the International Criminal Police Organization and all relevant non-governmental organizations, including scientific and medical associations, to pursue their investigation of allegations that children are victims of, or are even killed for, the removal of organs for the purposes of commercial transplants and to indicate any measures taken to counteract this practice wherever it exists, and to present a report to the Working Group at its next session;

9. Decides to continue to examine this matter at its forty-seventh session and to consider the advisability of drafting, with the cooperation of the World Health Organization, United Nations standards to ensure protection against unlawful organ transplants;

10. Decides to transmit the report of the Secretary-General on the state of implementation of the Programme of Action on the Elimination of the Exploitation of Child Labour (E/CN.4/Sub.2/1994/34) to the Commission on Human Rights for its consideration;

11. Recommends that the Commission at its fifty-first session endorse the recommendation of the Sub-Commission, contained in its resolution 1993/5 of 5 August 1993, to appoint Ms. H.E. Warzazi as Special Rapporteur on the exploitation of child labour and debt bondage, having regard to the importance of this study;

12. Urges all States, while attempting ultimately to eliminate the phenomenon of child labour, to adopt measures and regulations to protect child labourers and to ensure that their labour is not exploited;

13. Takes note with satisfaction of the promulgation by States of laws against debt bondage, and appeals to the Governments concerned to adopt all measures to implement such laws;

14. Recommends that the specialized agencies and, in particular, the financial institutions of the United Nations system ensure that the projects they support do not use or in any way promote bonded labour;

15. Requests the Secretary-General to transmit to the expert appointed pursuant to General Assembly resolution 48/157 of 20 December 1993 the report of the Working Group and any other information made available on this issue;

16. Recommends that the Commission on Human Rights take into consideration at its fifty-first session and eventually adopt the draft programme of action for the prevention of trafficking in persons and the exploitation of the prostitution of others;

17. Requests the Secretary-General to appeal to the World Tourism Organization to inscribe on the agenda for its next conference an item on sex tourism and its development;

18. Recommends that Governments prohibit advertising which encourages sex tourism, and encourages them to establish specific projects, with the cooperation and financial contribution of the tourism industry, for the protection of the victims of traffic in persons and prostitution from the risk of contamination with the human immunodeficiency virus and the spread of AIDS;

19. Recommends that Governments adopt legislation to punish their citizens who make use of sex tourism when it involves child prostitution and child pornography;

20. 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;

21. Recommends that States, non-governmental organizations, tourism industry syndicates, religious leaders and grass-roots organizations take urgent measures designed to protect minors from exposure to or involvement in child pornography, and requests the Secretary-General to invite States to provide information on measures taken or already applicable in this regard;

22. Also recommends that national bodies for the prevention of prostitution be established in all States in order to assist in the rehabilitation and reintegration of victims of prostitution;

23. Urges States to ratify the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;

24. Strongly condemns practices of unequal treatment of migrant workers and the denial to them of minimum human consideration and dignity;

25. Recommends to non-governmental organizations, in the framework of their activities, to give attention to the grave problems affecting migrant workers and to provide information to the Working Group in this regard;

26. Welcomes the decision of the Working Group to include this item in the provisional agenda for the twentieth session and to consider ways to combat incest and the sexual abuse of children, and urges that adequate help be offered to victims of such practices;

27. Urges Member States to take adequate steps to punish suitably the perpetrators of this most heinous offence;

28. Considers that forced labour is a contemporary form of slavery;

29. Welcomes the decision of the Working Group to include this item in the provisional agenda for the twentieth session;

30. Decides to transmit the information received concerning the sexual exploitation of women and other forms of forced labour during wartime to the Special Rapporteurs on the question of the impunity of perpetrators of violations of human rights, and recommends that the Special Rapporteurs take into consideration the information on this question received by the Working Group during its nineteenth session;

31. Approves the timetable for the twentieth session proposed by the Working Group (E/CN.4/Sub.2/1994/33, chap. VI.B, recommendation 8);

32. Requests the Secretary-General to seek the views and suggestions of Member States and of intergovernmental and non-governmental organizations on proposals for future action of the Working Group with a view to the consideration of their replies by the Working Group at its forthcoming sessions;

33. Appeals to all Governments to send representatives to the meetings of the Working Group;

34. Encourages youth organizations and young persons from various non-governmental organizations to participate in the meetings of the Working Group;

35. 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 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, and to include in their guidelines an item concerning contemporary forms of slavery;

36. 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 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;

37. Requests the Secretary-General to transmit to the committees mentioned above, the Special Rapporteurs concerned and the Working Group on Enforced or Involuntary Disappearances of the Commission on Human Rights the recommendations of relevance to them contained in the report of the Working Group;

38. Welcomes the decision of the Secretary-General to reassign to the Working Group a 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, prepare documentation well in advance and facilitate the attendance at the Working Group's sessions of the largest possible number of intergovernmental and non-governmental organizations with competence in the fields examined;

39. Again requests the Secretary-General to designate the Centre for Human Rights as the focal point for the coordination of activities and the dissemination of information within the United Nations system for the suppression of contemporary forms of slavery and to report on the measures taken for that purpose to the Commission on Human Rights at its fifty-first session and to the Working Group at its twentieth session;

40. Notes that the Economic and Social Council, in its resolution 1993/48 of 28 July 1993, approved the endorsement by the Commission on Human Rights of the recommendation made by the Sub-Commission in its resolution 1992/2 of 14 August 1992 that arrangements regarding the organization of the sessions of the Working Group on Contemporary Forms of Slavery, as contained in Commission decision 1992/115 of 3 March 1992, be repeated in subsequent years;

41. Recommends that the Commission make provision for adequate discussion of the issue of contemporary forms of slavery and of the Working Group's report near the beginning of each session, thereby strengthening its involvement in the activities of the Working Group on Contemporary Forms of Slavery.

27th meeting
19 August 1994
[Adopted without a vote. See chap. XVII.]

1994/6. United Nations Trust Fund on Contemporary Forms of Slavery

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Recalling General Assembly resolution 46/122 of 17 December 1991,

Taking into account the recommendation made by the Working Group on Contemporary Forms of Slavery at its nineteenth session (E/CN.4/Sub.2/1994/33, pp. 30-31),

1. Thanks the representative of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery for his constructive participation in the proceedings of the Working Group;

2. Appeals to all Governments, governmental and non-governmental organizations, private institutions and individuals to respond favourably to requests for contributions to the Fund, and urges them to publicize the establishment and function of the Fund, so as to increase general awareness of its existence;

3. Considers it essential, in order to make the Trust Fund more effective, that the General Assembly consider amending the criteria for the Fund contained in its resolution 46/122 of 17 December 1991, in order to
clarify the purposes of the Fund by reprioritizing them and, consequently, to reprioritize the potential beneficiaries, by reversing the order of subparagraphs 1 (e) (i) and 1 (e) (ii) of resolution 46/122;

4. Recommends that the Commission on Human Rights endorse the recommendation of the Sub-Commission described in paragraph 3 of the present resolution;

5. Requests the Secretary-General to study ways and means to draw the attention of potential donors to the important role played by the Fund and to mention on the list of donors both public and private donors;

6. Invites a representative of the Fund to attend the twentieth session of the Working Group on Contemporary Forms of Slavery.

27th meeting
19 August 1994
[Adopted without a vote. See chap. XVII.]



1994/7. Machinery for monitoring the international conventions
on slavery

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Recalling its resolution 1993/7 of 20 August 1993,

Noting paragraphs 3, 4, 5 and 6 of Commission on Human Rights resolution 1994/25 of 4 March 1994,

1. Recommends the following draft decision to the Commission on Human Rights for adoption:

[For the text, see chap. I, Sect. B, draft decision 4.]

27th meeting
19 August 1994
[Adopted without a vote. See chap. XVII.]


1994/8. Children and the right to adequate housing

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Recalling the recognition and legal foundations of the right to adequate housing in, inter alia, the Universal Declaration of Human Rights (art. 25, para. 1), the International Covenant on Economic, Social and Cultural Rights (art. 11, para. 1), the Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (e) (iii)) and the Convention on the Rights of the Child (art. 27, para. 3),

Recalling also resolution 1992/10 of 21 February 1992 of the Commission on Human Rights, in which it took note with particular interest of General Comment No. 4 (1991) on the right to adequate housing (E/1992/23, annex III) adopted by the Committee on Economic, Social and Cultural Rights at its sixth session, resolution 1993/77 of 10 March 1993 entitled "Forced evictions" and resolution 1994/14 of 25 February 1994 entitled "Promoting the realization of the right to adequate housing", adopted without a vote by the Commission on Human Rights at its forty-ninth and fiftieth sessions respectively,

Recalling further its resolutions 1991/12 of 26 August 1991, 1992/14 of 27 August 1992 and 1993/41 of 26 August 1993, entitled "Forced evictions",

Conscious that one of the areas where the indivisibility and interdependence of human rights and of the rights of children become most apparent is with respect to the existence of widespread poverty leading to inadequate housing and living conditions,

Aware of the worsening situation around the world of the living conditions of children and of the fact that tens of millions of children are being forced to live in the streets, in slums and on pavements, and that this number is growing daily,

Concerned at the especially adverse living conditions of children belonging to vulnerable groups, including indigenous people and ethnic, racial, religious and other minorities,

Deeply concerned at the particularly adverse effects of forced evictions on the health, well-being and development of children,

Stressing in general the adverse impact of poverty, and in particular of inadequate living and housing conditions, on the realization of the basic rights of children, including the right to food, to health, to education and the right to birth registration,

Stressing also that the various competent supervisory mechanisms, including the Committee on the Rights of the Child, as well as the specialized agencies of the United Nations system, need to focus more on the impact of inadequate living and housing conditions on the realization of the economic, social and cultural rights of children and their families in all parts of the world,

1. Reminds Governments to comply to the maximum extent of available resources with all existing obligations concerning the legally recognized rights of children to an adequate standard of living and the continuous improvement of living and housing conditions;

2. Recognizes the importance in this regard of international cooperation and the need for cooperation between Governments, non-governmental organizations and international agencies;

3. Recommends that the Special Rapporteur on the promotion of the realization of the right to adequate housing devote special attention in his final report, to be submitted in 1995, on the impact that violations of the right to adequate housing have on the realization of the full range of the rights of the child;

4. Also recommends that all relevant special rapporteurs, in particular the Special Rapporteurs on extreme poverty and on population transfer, take into account the question of the housing rights of children and their families in the preparation of their reports;

5. Requests the Committee on the Rights of the Child to give special attention to the issue of the housing rights of children and their families when examining States parties' reports and to consider developing appropriate indicators to assess the state of children's housing and living conditions;

6. Also requests the Committee on the Rights of the Child to consider devoting a day of general discussion to the impact of poverty and inadequate living and housing conditions on the economic, social and cultural rights of children;

7. Invites the United Nations Children's Fund to consider including, in its publications The State of the World's Children and The Progress of Nations, a separate section on the state of children's housing rights and to support actively local, national and international initiatives aimed at improving children's living and housing conditions;

8. Requests the specialized agencies and organizations and bodies of the United Nations system to devote special attention to the issue of children and housing rights in their policies, programmes and publications, and to develop and promote the application of reliable indicators to assess the state of children's housing rights;

9. Urges the international financial institutions, in particular the World Bank and the International Monetary Fund, to take fully into account the human rights implications for children of their policies, in particular structural adjustment programmes and the funding of large-scale development projects;

10. Requests Governments, the specialized agencies and organizations and bodies of the United Nations system to develop effective strategies for rapidly improving the housing and living conditions of children throughout the world, in full consultation with and with the full participation of children themselves, their representatives and community-based non-governmental and other relevant groups;

11. Decides to review the matter of children and the right to adequate housing at its forty-seventh session, under the relevant agenda item.

27th meeting
19 August 1994
[Adopted without a vote. See chap. XVIII.]


1994/9. Situation of children deprived of their liberty

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 and the Convention on the Rights of the Child,

Mindful of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules"), the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, as well as of the Standard Minimum Rules for the Treatment of Prisoners,

Recalling its resolution 1992/25 of 27 August 1992 and Commission on Human Rights resolution 1993/80 of 10 March 1993 entitled "Application of international standards concerning the human rights of detained juveniles", in which concern was expressed that, because of the great vulnerability of juveniles to various forms of abuse, neglect and injustice and the profound and indelible impact of such traumatic experiences on their developing personalities, violations of the human rights of detained juveniles had serious and far-reaching consequences for the juveniles concerned and for society,

Conscious of its responsibility to contribute to the promotion and encouragement of respect for the rights of children,

Reiterating its deep concern about the situation of children deprived of their liberty and the violation of their fundamental human rights, in particular the deprivation of their rights to life, physical integrity and security of person, humane treatment, and separation from adult criminals in prison establishments,

1. Invites the Committee on the Rights of the Child to give priority to an in-depth examination of the topic "Situation of children deprived of their liberty";

2. Urges all the relevant human rights treaty monitoring bodies, the United Nations Children's Fund, the International Labour Organisation, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization and the International Criminal Police Organization, Governments, and other intergovernmental and non-governmental organizations to give particular attention in their work to the grave situation of children deprived of their liberty and to the implementation of provisions and standards designed to ensure their protection;

3. Requests the Secretary-General to submit to the Sub-Commission at its forty-seventh session a note on the situation of children deprived of their liberty under the agenda sub-item entitled "Prevention of discrimination and protection of children: human rights and youth".

27th meeting
19th August 1994
[Adopted without a vote. See chap. XVIII.]

1994/10. Human rights and disability

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Recalling its resolution 1993/22 of 20 August 1993 and the reference therein to the 1993 Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights, which reaffirm that persons with disabilities should be guaranteed equal opportunity through the elimination of all barriers, be they physical, financial, social or psychological, which exclude or restrict full participation in society,

Noting the report prepared by the Secretary-General (E/CN.4/Sub.2/1994/35) pursuant to the request of the Sub-Commission in resolution 1993/22 for information on the coordination endeavours, and their results, undertaken by the various United Nations organs and bodies concerned with the protection of disabled persons and the discussion in that report of monitoring work expected to be undertaken by both the new special rapporteur and the Commission for Social Development, regarding the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex),

Noting also that the Commission on Human Rights, in its resolution 1994/27 of 4 March 1994, reaffirmed its commitment to ensuring that the rights of persons with disabilities and their concern for full participation in community affairs continue to be addressed in all of its work,

Recognizing that the Standard Rules in themselves do not contain legal clauses that obligate States to respect pertinent provisions of the International Bill of Human Rights and other human rights instruments, such as the Convention on the Rights of the Child,

Mindful of its continuing responsibility, under Commission on Human Rights resolution 8 (XXIII) and Economic and Social Council resolution 1235 (XLII), to study, each year, situations which reveal a consistent pattern of violations of human rights and fundamental freedoms set out in the International Bill of Human Rights and in pertinent United Nations treaties,

1. Requests the Secretary-General to report in 1995 to the Sub-Commission regarding coordination endeavours which affect disabled persons, with emphasis on activities of the other United Nations organizations and bodies that deal with alleged violations of the legal obligations of States under the International Bill of Human Rights and United Nations treaties that protect disabled persons;

2. Also requests the Secretary-General, in response to the concern of the General Assembly expressed in resolution 48/99 of 20 December 1993 regarding the need to give higher priority and visibility to disability issues, to help ensure, first, a wider distribution of the report of the Special Rapporteur, Mr. Leandro Despouy entitled Human Rights and Disabled Persons (United Nations publication, Sales No. E.92.XIV.4) and, second, an expanded discussion of juridical aims that might be achieved were there appropriate exercise of the Ombudsman function briefly described in that report (para. 281 (b));

3. Decides to remain seized of the question and to consider it at its forty-seventh session under the same agenda item.

27th meeting
19 August 1994
[Adopted without a vote. See chap. XVIII.]


1994/11. Strengthening the prevention and punishment of the
crime of genocide

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Considering that, in accordance with the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, genocide, as a crime under international law, is a crime against humanity,

Recalling that, as pointed out in the Convention, at all periods of history genocide has inflicted great losses on humanity,

Noting that this evil is continuing in our time with equal intensity, as is shown by the atrocities being committed in the former Yugoslavia and in Rwanda,

Considering that this situation highlights the deficiencies of the Convention, which, although it was ratified by the majority of the States Members of the United Nations has never been enforced effectively,

Regretting therefore that, since the international penal tribunal provided for in article VI of the Convention has never actually been set up, the Convention leaves to the accused State alone the responsibility of punishing genocide,

Bearing in mind, in addition to the work of the International Law Commission concerning the statute for an international criminal court, the recommendations made by the Special Rapporteur of the Sub-Commission, Mr. Benjamin Whitaker, in his second report (E/CN.4/Sub.2/1985/6 and Corr.1),

1. Recommends that the Commission on Human Rights request the General Assembly to consider with high priority, with a view to its adoption, the draft statute for an international criminal court that has just been submitted to it by the International Law Commission aiming in particular at the punishment of genocide;

2. Requests the States parties to the Convention on the Prevention and Punishment of the Crime of Genocide, by virtue of the faculty granted to them by article VIII of the Convention on the Prevention and Punishment of the Crime of Genocide, to encourage - or even undertake - the drafting and adoption of a control mechanism in the form of a treaty committee charged in particular with monitoring compliance of States parties with the commitments which they undertook in accordance with article V of the Convention, through the assessment of the reports submitted by the States parties and, on a preventive basis, to draw the attention of the High Commissioner for Human Rights to situations which may lead to genocide;

3. Recalls that, pursuant to article V of the Convention, the Contracting Parties must enact the necessary legislation to give effect to the provisions of the Convention, and, in particular, to provide effective penalties for persons guilty of genocide;

4. Decides to examine the conditions under which the Convention could be improved by including a clause concerning universal jurisdiction in order to take into account the international character of this crime and also to study the possibility of extending its application, which has until now been limited to ethnic, racial or religious genocide, to political genocide.

34th meeting
25 August 1994
[Adopted without a vote. See chap. XIX.]


1994/12. The situation of the Greek ethnic minority in Albania:
infringement of the rules for a fair trial

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 and the International Covenant on Civil and Political Rights, as well as the Basic Principles on the Independence of the Judiciary,

Recalling, in particular, the provisions of articles 3, 5, 6, 7, 8, 9, 10 and 11 of the Universal Declaration of Human Rights, articles 6, 7, 9, 10, 14, 15, 16 and 17 of the International Covenant on Civil and Political Rights and the relevant provisions of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

Disturbed by the alleged violation of human rights and persecution of members of the Greek ethnic minority in Albania,

Noting with satisfaction the efforts by the High Commissioner for National Minorities of the Conference on Security and Cooperation in Europe to facilitate a solution to the conflict,

1. Calls upon the Government of Albania to abide by the relevant provisions of the above-mentioned international human rights instruments, to take immediately every measure to ensure that the charged persons receive a fair trial and to complete the proceedings of their trial in accordance with the accepted principles of the administration of justice;

2. Requests the Secretary-General to transmit, as soon as possible, the present resolution to the Government of Albania.

34th meeting
25 August 1994
[Adopted by secret ballot by 11 votes to 7,
with 5 abstentions. See chap. VII.]


1994/13. Situation in the Middle East

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Noting General Assembly resolution 48/58 of 14 December 1993, Commission on Human Rights resolution 1994/4 of 18 February 1994 and Economic and Social Council resolution 1994/44 of 29 July 1994,

Recalling the convening of the International Peace Conference on the Middle East at Madrid on 30 October 1991, on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, and the subsequent bilateral negotiations, as well as the meetings of the multilateral working groups,

Noting with satisfaction the broad international support for the peace process and its contribution to the implementation and furtherance of human rights in the area,

Welcoming the Declaration of Principles on Interim Self-Government Arrangements, signed by the Government of Israel and the Palestine Liberation Organization in Washington, D.C., on 13 September 1993, and the subsequent agreement on the Gaza Strip and the Jericho area, signed by the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, at Cairo on 4 May 1994,

1. Reaffirms that the achievement of a comprehensive, just and lasting peace in the Middle East is essential for the implementation and furtherance of human rights and fundamental freedoms in the area;

2. Welcomes the peace process begun at Madrid and warmly supports the subsequent bilateral negotiations through which it has been continued;

3. Endorses the achievements of the peace process to date, which constitute important initial steps in achieving a comprehensive, just and lasting peace in the Middle East, and urges all parties to implement the agreements which have been reached;
4. Emphasizes the importance of making progress, as a matter of urgency, on the other tracks of the Arab-Israeli negotiations within the peace process;

5. Supports the request by the Economic and Social Council that all States Members of the United Nations render support for the peace process and extend economic, financial and technical assistance to parties in the region, taking into account, in particular, the needs of the Palestinian people during the interim period;

6. Expresses its full support for the active role which the United Nations is playing in the peace process, and in particular for its assistance in implementing the Declaration of Principles of Interim Self-Government Arrangements signed by the State of Israel and the Palestine Liberation Organization which constitutes a positive contribution to the protection of human rights in the Middle East.

34th meeting
25 August 1994
[Adopted without a vote. See chap. VII.]


1994/14. Situation of human rights in Iraq

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

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,

Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23), endorsed by the General Assembly in its resolution 48/121 of 20 December 1993, and in particular part I, paragraph 1, which reaffirms, inter alia, that human rights and fundamental freedoms are the birthright of all human beings and that their protection and promotion is the first responsibility of Governments,

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,

Mindful that Iraq is a party to the International Covenants on Human Rights and to other human rights instruments,

Recalling Security Council resolution 688 (1991) of 5 April 1991, in which the Council demanded an end to the repression of the Iraqi civilian population and insisted that Iraq cooperate with humanitarian organizations to ensure that the human and political rights of all Iraqi citizens were respected,

Recalling also Security Council resolutions 706 (1991) of 15 August 1991 and 712 (1991) of 19 September 1991,

Mindful that the United Nations has not yet sent a fact-finding mission to the marshlands region of southern Iraq,

Recalling in particular its resolution 1993/20 of 20 August 1993, in which it condemned the violations of human rights by the Government of Iraq and urged the implementation of Security Council resolution 688 (1991) of 5 April 1991, in which the Council demanded an end to the repression of the Iraqi civilian population,

Deeply concerned by recent information that the population continues to flee the marshlands region, that thousands of Arab Shiah have sought refuge on the border between Iraq and the Islamic Republic of Iran because of artillery bombardment and the programme undertaken by the Iraqi Government to drain the southern marshlands, and that, in July 1994, over 1,300 women and children arrived at the border in a miserable condition, especially regarding health, and have received no assistance from the international community,

Deeply concerned also by the continued massive repression of the Arab Shiah population in the south of Iraq, particularly those who are under siege by the Iraqi armed forces there,

Disturbed by the possibility of a continued exodus of these populations, both to the border area and within Iraq itself,

Concerned that the electricity supply to large cities in Iraqi Kurdistan in the north has been cut off since August 1993, and that recently the electricity supply to large cities in the south has been reduced to two hours daily, causing more suffering for the population,

Deeply concerned about the continuing terrorist acts of the Iraqi Government, both inside and outside the country, against opposition leaders and United Nations personnel,

Deeply concerned also that Iraq still refuses to cooperate with the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Iraq, Mr. M. van der Stoel, and to permit him to visit Iraq to investigate human rights violations and refuses categorically to introduce a monitoring system, as had twice been requested by the General Assembly and the Commission on Human Rights,

Recalling the report of the Special Rapporteur on the situation of human rights in Iraq (E/CN.4/1994/58), in which he notes the continued massive and grave violations of human rights by the Government of Iraq, such as summary and arbitrary executions, torture and other cruel, inhuman or degrading treatment, enforced or involuntary disappearances, arbitrary arrest and detention, lack of due process and the rule of law and of freedom of thought, expression and association, as well as the existence of specific and serious discrimination within the country in terms of access to food and health care,

Noting that many international organizations and media have described the negative impact of the international embargo on the civilian population, especially the most vulnerable groups,

Deeply concerned by the internal embargo maintained by the Government against the Kurdish population in the north of Iraq and the Arab Shiah population in the southern marshlands,

1. Expresses its concern at the exceptional gravity of the human rights situation in Iraq and, therefore, welcomes the proposal of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Iraq, contained in his report (E/CN.4/1994/58), that human rights monitors be deployed;

2. Calls upon the Government of Iraq immediately to halt its artillery bombardment, to cease all draining schemes and destruction of the marshes and to lift the internal embargo imposed in October 1991 on the populations of the marshlands;

3. Appeals once again to the international community as a whole and to all Governments, including that of Iraq, to facilitate the supply of food and medicines to the civilian population;

4. Calls upon the Government of Iraq to cease its internal embargo against the north and the Shiah populations in the south, both areas which are still under siege, and to re-establish the electricity supply to both regions;

5. Also calls upon the Government of Iraq to cease its terrorist acts against opposition leaders and United Nations personnel;

6. Further calls upon the Government of Iraq to abide by Security Council resolutions 706 (1991) of 15 August 1991 and 712 (1991) of 19 September 1991, which permit the Government of Iraq to sell oil to finance humanitarian assistance for the Iraqi people;

7. Requests the United Nations humanitarian organizations concerned to speed up the delivery of aid to the persons who have sought refuge on the border between Iraq and the Islamic Republic of Iran, and to ensure that their food and medical needs are satisfied;

8. Urges the Special Rapporteur on the situation of human rights in Iraq to visit the border and the marshlands and to report his findings to the General Assembly;

9. Requests the Secretary-General to provide all necessary assistance to the Special Rapporteur to undertake his mission;

10. Also requests the Secretary-General to call upon the Government of Iraq to cooperate with the Special Rapporteur;

11. Urges the implementation of Security Council resolution 688 (1991) of 5 April 1991 and of the recommendations of the Special Rapporteur to station permanent monitors in the area of the marshlands and establish permanent aid centres;

12. Condemns the violation of human rights by the Government of Iraq and decides to keep the situation of human rights in Iraq under review at future sessions of the Sub-Commission.
35th meeting
25 August 1994
[Adopted by secret ballot by 14 votes to 7,
with 3 abstentions. See chap. VII.]


1994/15. Violation of the human rights of staff members of the
United Nations system and other persons acting under
the authority of the United Nations

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Gravely concerned that staff members of the United Nations system and other persons acting under the authority of the United Nations continue to be detained, unaccounted for, threatened or subjected to other violations of their fundamental rights contrary to the Charter of the United Nations and other international instruments,

Particularly preoccupied by the increasing number of peace-keepers and peace-makers, civilian staff, both international and local, being killed during various United Nations missions,

Recalling the relevant resolutions on this subject, in particular General Assembly resolutions 45/240 of 21 December 1990 and 47/28 of 25 November 1992, Commission on Human Rights resolutions 1991/37 of 5 March 1991, 1992/26 of 28 February 1992, 1993/39 of 5 March 1993 and 1994/42 of 4 March 1994 and Sub-Commission resolutions 1990/20 of 30 August 1990, 1991/17 of 28 August 1991 and 1992/24 of 27 August 1992,

Recalling once again the recommendations contained in the report of the Special Rapporteur, Ms. Mary Concepcion Bautista (E/CN.4/Sub.2/1992/19), aiming at improving the protection of personnel of the United Nations system and their families, as well as of experts and consultants,

Referring to the proposals contained in the report of the Secretary-General of 27 August 1993 on the security of United Nations operations (A/48/349-S/26358),

Aware that human rights violations of its personnel can only have a negative effect on the implementation of the mandates of the organizations and bodies of the United Nations system, especially at a time when the United Nations is undertaking greater responsibilities and sending difficult missions to various parts of the world,

Greatly appreciating the efforts of the Secretary-General to promote a satisfactory resolution of all cases of this kind, and noting with interest Security Council resolution 868 (1993) of 29 September 1993 in which the Council urged States and parties to a conflict to cooperate closely with the United Nations to ensure the security of United Nations forces and personnel,

Recalling the Advisory Opinion of the International Court of Justice of 1949 on the responsibility of Member States for the security of United Nations staff members,

Taking note with satisfaction of General Assembly resolution 48/37 of 9 December 1993, in which the Assembly decided to establish an ad hoc committee, open to all Member States, to elaborate an international convention dealing with the safety and security of United Nations and associated personnel, with particular reference to responsibility for attacks on such personnel,

1. Urges again Governments and other entities holding de facto territorial power to respect and to ensure respect for the rights of staff members and other persons acting under the authority of the United Nations, as well as of their families, and to take the necessary measures to ensure the protection of United Nations and associated personnel in their territory;

2. Requests the Secretary-General to continue his efforts to ensure that the human rights, privileges and immunities of the personnel of the United Nations system, including experts and their families, are fully respected and to seek redress and compensation for the damage caused to them and to their organizations, as well as their full reintegration and re-education;

3. Also requests the Secretary-General to take steps to ensure the implementation of the recommendations contained in the report of the Special Rapporteur of the Sub-Commission, Ms. Mary Concepcion Bautista, on the protection of the human rights of United Nations staff members, experts and their families (E/CN.4/Sub.2/1992/19), as well as of the proposals made in his report of 27 August 1993 on the security of United Nations operations (A/48/349-S/26358);

4. Urges Governments and other entities holding de facto territorial power, in accordance with the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by the General Assembly in its resolution 43/173 of 9 December 1988, to provide adequate and prompt information concerning the arrest or detention of United Nations staff members and their families, and to grant the representative of the competent international organization access to them without delay;

5. Calls upon the existing human rights mechanisms, such as the Working Group on Arbitrary Detention, the Working Group on Enforced or Involuntary Disappearances, the Special Rapporteur on the question of torture and the Special Rapporteur on extrajudicial, summary or arbitrary executions, to examine the cases involving the human rights of staff members of the United Nations system and of their families, as well as of experts and consultants, and to transmit the relevant part of their respective reports to the Secretary-General for him to include in his report to the Commission on Human Rights;

6. Welcomes the decision of the General Assembly, contained in its resolution 48/37 of 9 December 1993, to establish an ad hoc committee to elaborate an international convention dealing with the safety and security of United Nations and associated personnel, with particular reference to responsibility for attacks on such personnel, and expresses the hope that this convention will be adopted as soon as possible;

7. Recommends that the Commission on Human Rights continue to keep under review the human rights situation of staff members of the United Nations system and other persons acting under the authority of the United Nations.

35th meeting
25 August 1994
[Adopted without a vote. See chap. VII.]


1994/16. Situation of human rights in the Islamic Republic of Iran

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Recalling its relevant resolutions, including the most recent, resolution 1993/14 of 23 August 1993, calling for an end to the violation of human rights by the Islamic Republic of Iran,

Recalling also relevant resolutions of the Commission on Human Rights, including the most recent, resolution 1994/73 of 9 March 1994, as well as those of the General Assembly, including the most recent, resolution 48/145 of 20 December 1993,

Deeply concerned at extensive and continuing human rights violations by the Government of the Islamic Republic of Iran, including arbitrary and summary executions, torture and inhuman and degrading treatment and punishment, arbitrary arrests and imprisonment, unexplained disappearances, the absence of guarantees essential for the protection of the right to a fair trial and disregard for freedom of expression and freedom of religion,

Shocked by the systematic repression of the Baha'i community and at the situation of the Iranian Kurds and the Arab minority in Iran, and at increasing intolerance towards Christians, including recent murders of Christian religious ministers,

Appalled at the continued repression of women in the Islamic Republic of Iran, including the practice of gender-based discrimination and the use of unacceptable and unjustifiable means of punishment,

Aware of the mounting concern expressed by the authorities of a number of States at the involvement in, and support for, international terrorism by the Islamic Republic of Iran, causing the loss of many lives, and the call by those authorities for action against the Islamic Republic,

Reaffirming that Governments are accountable for attacks by their agents against persons on the territory of another State, and also for inciting, approving or condoning such acts,

Welcoming the recommendations contained in the report of the Special Representative of the Commission on Human Rights (E/CN.4/1994/50) and the decision of the Commission to continue the Special Representative's mandate,

Expressing its profound regret that the Government of the Islamic Republic of Iran has refused to allow the Special Representative of the Commission to make a further visit to Iran,

Also regretting that the Government of the Islamic Republic of Iran refuses to implement existing agreements with international humanitarian organizations,

Affirming that human rights are universal and indivisible and that the violation of internationally recognized human rights standards cannot be justified by cultural or religious considerations,

1. Endorses the call by the Special Representative of the Commission on Human Rights for the Government of the Islamic Republic of Iran to address the issues covered in his report (E/CN.4/1994/50) and to take urgent and effective action to improve its record in the field of human rights;

2. Condemns the flagrant violations of human rights in the Islamic Republic of Iran which, as noted by the Special Representative of the Commission, include:

(a) Excessive use of the death penalty;

(b) Numerous cases of torture and cruel, inhuman or degrading treatment and punishment;

(c) A failure to meet international standards with regard to due process and the administration of justice;

(d) Religious discrimination, notably against the Baha'is and Christian individuals and groups;

(e) Discrimination against women;

(f) Restrictions on freedom of expression and freedom of opinion and undue limitation of freedom of the press;

(g) The use of excessive force in suppressing public demonstrations, as at Ghazvin, followed in some cases by execution without due process of persons involved in such demonstrations, notably at Zahedan;