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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 47th Session, U.N. Docs. E/CN.4/Sub.2/1995/51 (1995).

A. Draft resolutions

I. Question of human rights and states of emergency

II. Protection of the heritage of indigenous peoples

B. Draft decisions

1. Systematic rape and sexual slavery during periods of armed conflicts

2. 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

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

4. Forced evictions

5. Effects on the full enjoyment of human rights of structural adjustment programmes

6. United Nations Voluntary Fund for Indigenous Populations

7. Discrimination against indigenous peoples

8. Permanent forum in the United Nations for indigenous people

9. Human rights dimensions of population transfer, including the implantation of settlers and settlements

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

A. Resolutions

1995/1. Expression of solidarity with the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki

1995/2. Situation in the Middle East

1995/3. Situation of human rights in Iraq

1995/4. Prevention of incitement to hatred and genocide, particularly by the media

1995/5. Situation of human rights in Rwanda

1995/6. Situation in Colombia

1995/7. Situation of human rights in Guatemala

1995/8. Situation in the territory of the former Yugoslavia

1995/9. Situation in the Palestinian and other Arab territories occupied by Israel

1995/10. Situation of human rights in Kosovo

1995/11. Situation of human rights in Burundi

1995/12. Monitoring and assisting the transition to democracy in South Africa

1995/13. The right to freedom of movement

1995/14. Systematic rape and sexual slavery during periods of armed conflict

1995/15. United Nations Trust Fund on Contemporary Forms of Slavery

1995/16. Report of the Working Group on Contemporary Forms of Slavery

1995/17. Human rights and disability

1995/18. Situation of human rights in the Islamic Republic of Iran

1995/19. 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

1995/20. Traditional practices affecting the health of women and children

1995/21. Discrimination in the context of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS)

1995/22. Recognition of gross and large-scale violations of human rights as an international crime

1995/23. Human rights and the environment

1995/24. Injurious effects of anti-personnel land-mines

1995/25. Protection by competent authorities of everyone against threats, retaliation, pressure or any other arbitrary action as a consequence of legitimate, peaceful and non-violent exercise of the right to strive for the protection of human rights

1995/26. Implementation of the human rights of women and the girl child

1995/27. Promoting the realization of the human right to adequate housing

1995/28. Human rights and extreme poverty

1995/29. Forced evictions

1995/30. Human rights and income distribution

1995/31. The relationship between the enjoyment of human rights and the working methods and activities of transnational corporations

1995/32. Effects on the full enjoyment of human rights of structural adjustment programmes

1995/33. Question of human rights and states of emergency

1995/34. Question of the impunity of perpetrators of violations of human rights (economic, social and cultural rights)

1995/35. Question of the impunity of perpetrators of violations of human rights (civil and political rights)

1995/36. United Nations Voluntary Fund for Indigenous Populations

1995/37. International Decade of the World's Indigenous People

1995/38. Discrimination against indigenous peoples

1995/39. Permanent forum in the United Nations for indigenous people

1995/40. Protection of the heritage of indigenous people

B. Decisions

1995/101. Human rights and scientific and technological developments

1995/102. Adoption of the agenda of the forty-seventh session of the Sub-Commission

1995/103. Establishment of a sessional working group on the administration of justice and the question of compensation

1995/104. Organization of work

1995/105. Monitoring the transition to democracy in South Africa

1995/106. Voting by secret ballot on proposals pertaining to allegations of violations of human rights in countries

1995/107. Humanitarian situation in Iraq

1995/108. Situation of human rights in Turkey

1995/109. Draft programme of action on the traffic in persons and the exploitation of the prostitution of others

1995/110. Comprehensive programme for the prevention of discrimination and protection of minorities

1995/111. Human rights dimensions of population transfer, including the implantation of settlers and settlements

1995/112. Methods of work of the Sub-Commission

1995/113. Review of the work of the Sub-Commission

1995/114. Methods of work of the Sub-Commission

1995/115. Improvement in the method of consideration of item 6 of the agenda of the Sub-Commission concerning violations of human rights and fundamental freedoms

1995/116. Democratic society

1995/117. The right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms

1995/118. Study on treaties, agreements and other constructive arrangements between States and indigenous populations

1995/119. 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 human rights and states of emergency

B. Individualization of prosecution and penalties, and repercussions of violations of human rights on families

C. Application of international standards concerning the human rights of detained juveniles

D. Independence and impartiality of the judiciary, jurors and 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

B. Population displacements

(a) Completed at the forty-seventh 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 without financial implications 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. Question of human rights and states of emergency

The Commission on Human Rights,

Endorsing resolution 1995/33 of 24 August 1995 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Recommends the following draft resolution to the Economic and Social Council for adoption:

"The Economic and Social Council,

Recalling Commission on Human Rights resolution 1996/... of ... 1996 and Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1995/33 of 24 August 1995, entitled 'Question of human rights and states of emergency',

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, in particular relating to (i) the updating of the lists of States which have proclaimed, extended or terminated a state of emergency; (ii) the submission of conclusions and recommendations concerning non-derogable rights in states or situations of emergency; and (iii) the continuation of his consultations on the establishment of a database on states of emergency and related human rights questions;

2. Requests the Secretary-General to provide the Special Rapporteur with the necessary human and material resources to fulfil his mandate."

"The Economic and Social Council,

Endorsing Commission on Human Rights resolution 1996/... of ... 1996 and resolution 1995/40 of 25 August 1995 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,

1. Requests the Secretary-General to transmit the final report of the Special Rapporteur, Mrs. Erica-Irene A. Daes, with its annex, as soon as possible to Governments, specialized agencies, indigenous people's communities and organizations, and intergovernmental and non-governmental organizations concerned, for their comments;

2. Requests the Special Rapporteur to prepare a supplementary report on the basis of the comments and information received from Governments, indigenous communities and other organizations concerned and to include in it a chapter concerning relevant activities undertaken in other forums, such as the United Nations Development Programme, the United Nations Educational, Scientific and Cultural Organization, the Food and Agriculture Organization of the United Nations, the World Intellectual Property Organization and the World Trade Organization, and to take into consideration, inter alia, the Convention on Biological Diversity, the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa and other relevant international instruments;

3. Also requests the Special Rapporteur to submit her supplementary report to the Sub-Commission at its forty-eighth session;

4. Requests the Secretary-General to provide the Special Rapporteur with all the necessary assistance to enable her to carry out her mandate and to complete the study successfully;

5. Decides that the basic and comprehensive study prepared by the Special Rapporteur on the protection of the cultural and intellectual property of indigenous peoples (E/CN.4/Sub.2/1993/28) shall be published in all official languages and disseminated widely."

"The Economic and Social Council, taking note of Commission on Human Rights decision 1996/... of ... 1996, approves the endorsement by the Commission on Human Rights of the decision of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to appoint Ms. Linda Chavez as Special Rapporteur with the task of undertaking an in-depth study of the situation of systematic rape, sexual slavery and slavery-like practices during periods of armed conflict and to submit a preliminary report to the Sub-Commission at its forty-eighth session and a final report at its forty-ninth session, and requests the Secretary-General to provide all assistance necessary to enable her to complete her study."

"The Economic and Social Council, taking note of Commission on Human Rights resolution 1996/... of ... 1996 and of resolution 1995/19 of 24 August 1995 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, authorizes the appointment of a member of the Sub-Commission as special rapporteur on the question of the implications for human rights of United Nations action under the Charter, including humanitarian assistance, in addressing international humanitarian problems and in the promotion and protection of human rights."

"The Economic and Social Council, taking note of Commission on Human Rights decision 1996/... of ... 1996, approves the decision of the Commission on Human Rights to establish an open-ended working group of the Commission to meet for a period of one week prior to its fifty-third session to elaborate, on the basis of the preliminary set of basic policy guidelines on structural adjustment programmes and economic, social and cultural rights contained in document E/CN.4/Sub.2/1995/10 and in close cooperation with the Committee on Economic, Social and Cultural Rights, policy guidelines on the subject-matter, and requests the Secretary-General to provide all the assistance necessary to enable the working group to carry out its work."

A. Resolutions

1995/1. Expression of solidarity with the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki

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

Bearing in mind the letter addressed by Mr. Tadeusz Mazowiecki, Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia, to the Secretary-General of the United Nations on 27 July 1995,

Deeply shocked by the events occurring daily in Bosnia and Herzegovina, where, as the letter indicates, human rights violations continue blatantly, there are constant blockades of the delivery of humanitarian aid, crimes have been committed with swiftness and brutality and the civilian population is shelled remorselessly,

Agreeing with the Special Rapporteur for the former Yugoslavia that the response of the international community has been slow and ineffectual, with the result that the declarations and decisions of the system for the protection of human rights lose credibility and have been seriously challenged by the events occurring in Bosnia and Herzegovina,

Supporting the Special Rapporteur for the former Yugoslavia when he states that the character of his mandate only allows him to further describe crimes and violations of human rights, but noting that this is not sufficient at the present time,

Respecting and commending the decision of the Special Rapporteur for the former Yugoslavia that he does not see any possibility of continuing his mandate,

Considering that the decision of the Special Rapporteur for the former Yugoslavia has shaken and moved the members of the Sub-Commission by its great dignity and endowed the function entrusted to him by the United Nations and the struggle for human rights in general with high moral character,

Recognizing the dedication shown by the Special Rapporteur in his work in Bosnia and Herzegovina, which is reflected in the gesture he has made,

Noting that a veritable genocide is being committed massively and in a systematic manner against the civilian population in Bosnia and Herzegovina, often in the presence of United Nations forces,

Sharing the moral indignation reflected in the letter of the Special Rapporteur for the former Yugoslavia addressed to the Secretary-General,

Alarmed at the acts of so-called "ethnic cleansing" and humiliation and the perpetration of atrocities such as summary executions of innocent civilians, mass rape, destruction and looting of property and terrorizing of the population, which have resulted in huge movements of displaced persons and refugees, thus causing pain, homelessness and famine,

1. Expresses its solidarity with and support for the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki, for his moral and courageous stand and his resignation in protest at the perpetuation of gross violations in Bosnia and Herzegovina;

2. Stresses its grave concern at the genocidal and massive violations of human rights to which the civilian population in Bosnia and Herzegovina is being subjected;

3. Decides to convey the present resolution immediately to the Secretary-General of the United Nations and to request him to take urgently all necessary measures to stop these violations and secure the human rights of the people of Bosnia and Herzegovina.

6th meeting
3 August 1995
[Adopted without a vote. See chap. VII.]


1995/2. Situation in the Middle East

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

Noting General Assembly resolutions 48/58 of 14 December 1993 and 49/88 of 16 December 1994, Commission on Human Rights resolutions 1994/4 of 18 February 1994 and 1995/6 of 17 February 1995, Economic and Social Council resolutions 1994/44 of 29 July 1994 and 1995/52 of 28 July 1995 and its own resolution 1994/13 of 25 August 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,

Welcoming also the Agreement between Israel and Jordan on the Common Agenda, signed in Washington, D.C. on 14 September 1993, the Washington Declaration signed by the Governments of Jordan and Israel on 25 July 1994, and the Jordan-Israel Treaty of Peace of 26 October 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, expressing the hope that successful steps will be taken soon;

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, especially 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 on Interim Self-Government Arrangements signed by the State of Israel and the Palestine Liberation Organization.

26th meeting
18 August 1994
[Adopted without a vote. See chap. VII.]



1995/3. 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, 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 are 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, authorizing Iraq to sell part of the oil it produces to satisfy food and medical requirements,

Considering Security Council resolution 986 (1995), of 14 April 1995, which was adopted unanimously and authorizes the Government of Iraq to put additional quantities of its oil on the market to meet the basic health and nutritional needs of the Iraqi people,

Concerned by accumulated information and reports confirming the serious deterioration of the health and nutritional situation from which the majority of citizens with limited income suffer as victims of the international embargo, as well as by economic policy decisions depriving part of the national territory of supplies of medicines and foodstuffs,

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

Recalling its resolution 1994/14 of 25 August 1994,

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 conducted by the Iraqi Government to drain the southern marshlands, which have led to a mass exodus in the direction of the border with the Islamic Republic of Iran,

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,

Concerned also by recent operations involving persecution, arbitrary imprisonment and summary executions in the town of Ramadi in the west of the country following popular demonstrations condemning the execution of Iraqis from that region in June 1995,

Horrified by the recent large-scale imprisonments and executions of members of the Arab Dulaim tribes living in western Iraq,

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

Concerned also by the heavy artillery bombardment of Kurdish regions, which has become very widespread in recent months and has particularly affected the city of Arbil,

Expressing its horror at the implementation of decrees of the Council of the Revolution calling for inhuman punishment for deserters and opponents, including tattooing of the forehead and mutilation of ears, fingers and wrists,

Horrified by the fact that widespread and institutionalized torture continues to be practised as a result of the enactment of a set of decrees to that effect in 1994,

Deeply concerned 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 twice 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.4/1995/56), 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, including that provided for in the decrees calling for the mutilation and tattooing of the foreheads of deserters and doctors refusing to implement the decrees, 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,

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.4/1995/56), that human rights monitors should 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. Requests the Government of Iraq to abide by the various Security Council resolutions, particularly resolution 986 (1995) of 14 April 1995, which would permit it to sell some of its oil to meet the health and food needs of its population;

4. Appeals to the international community, to the organizations of the United Nations system and to the Government of Iraq to facilitate the delivery and distribution of medicines and foodstuffs to the population of the various parts of the country;

5. Invites the international community to take the necessary measures to provide assistance to Iraqi citizens and to prevent unprecedented ecological and human disasters, such as mass exoduses and higher infant mortality;

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

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

8. Further calls upon the Government of Iraq to put an end to the arbitrary arrests and imprisonment and summary executions of the members of the Dulaim tribes in the west of the country;

9. Calls for the cessation of the heavy artillery bombardment of Kurdish regions by the Iraqi army;

10. Demands the repeal of the inhuman decrees providing for the tattooing and mutilation of opponents, as well as the rehabilitation of the victims of those decrees;

11. 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;

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

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

14. 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;

15. Strongly condemns the violations of human rights by the Government of Iraq and the horrible deterioration of social conditions and decides to keep the situation of human rights in Iraq under review at future sessions of the Sub-Commission.

26th meeting
18 August 1995
[Adopted by secret ballot by 15 votes to 5,
with 4 abstentions. See chap. VII.]

1995/4. Prevention of incitement to hatred and genocide, particularly by the media

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

Guided by the principles embodied in the Charter of the United Nations and the Universal Declaration of Human Rights and, in particular, in the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, which prohibit all dissemination of ideas or incitement to acts of violence against any group of persons of another ethnic origin (art. 4 of the Convention), or any advocacy of racial hatred that constitutes incitement to hostility or violence (art. 20, para. 2, of the Covenant) and call for them to be punishable by law,

Recalling that the States Parties to those instruments have undertaken, before the international community, to put those principles into practice and to fulfil the obligations which they have entered into,

Emphasizing that, in their final report to the Sub-Commission on the right to freedom of opinion and expression (E/CN.4/Sub.2/1992/9 and Add.1), the Special Rapporteurs, Mr. Joinet and Mr. Türk, recall that, under international law, racism is not an opinion but an offence,

Having particularly in mind General Assembly resolution 48/91, of 20 December 1993, proclaiming the Third Decade to Combat Racism and Racial Discrimination, in which the Assembly recommended that Member States and those responsible for United Nations machinery for the protection of human rights should pay special attention to the role of the media in the dissemination of racist ideas and incitement to hatred and racial violence,

Recalling that the Convention on the Prevention and Punishment of the Crime of Genocide singles out direct and public incitement to commit genocide, in particular, as a punishable offence (arts. III (c) and IV), provides that such acts shall not be considered as political crimes for the purpose of extradition (art. VII) and invites any Contracting Party to call upon the
competent organs of the United Nations to take such action under the Charter
of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide, including incitement to commit them, as provided in article III (c) (art. VIII),

Gravely concerned by the import of detailed and tallying information that the reporters of a radio station calling itself "Radio Démocratie-La Voix du Peuple", transmitting from the Uvira region of Zaire, broadcast with complete impunity, under cover of anonymity, "information" inciting racial hatred among Burundi citizens and stirring up genocidal hatred,

1. Condemns categorically the existence of this radio station and of any other media adopting such criminal practices;

2. Urges the authorities of Zaire, as a Party to the above-mentioned international instruments, to take steps to close down this radio station, prosecute its sponsors and "reporters", order an investigation and, in that connection, place under seal all materials and recordings which may serve as evidence, and to bring the "reporters" and their sponsors before the competent courts;

3. Suggests that the Special Rapporteur on Zaire, Mr. Roberto Garreton, in conjunction with the Special Rapporteur on Burundi, Mr. Paolo Sergio Pinheiro, accord priority in his observations to the role of such media, audiovisual or otherwise, in the propagation of genocidal behaviour;

4. Requests the Secretary-General to transmit this resolution to the Zairian authorities and asks the United Nations High Commissioner for Human Rights to use his good offices, as a matter of urgency, to facilitate its implementation by those authorities;

5. Condemns categorically the role played with increasing frequency
by some printed or audiovisual media in inciting genocidal hatred, as revealed by the Special Rapporteurs on the former Yugoslavia and on Rwanda, Mr. Mazowiecki and Mr. Degni-Ségui;

6. Decides to consider at its next session, in the light of the facts observed and the recommendations made by the Special Rapporteurs who have been confronted with such practices, as well as of any other information from reliable sources, the pernicious and genocidal role of such hate media and the priority measures to be taken to prevent and, if necessary, to suppress them.

27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]


1995/5. Situation of human rights 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,

Recalling its resolution 1994/1 of 9 August 1994 and Commission on Human Rights resolution 1995/91 of 8 March 1995,

1. Condemns once again the genocide committed in Rwanda;

2. Demands an immediate end to all action, carried out with the complicity of certain States, aimed at arming and training the militias and extremist elements in the refugee camps for the resumption of the war in Rwanda;

3. Deplores the fact that the efforts of the international community, including the United Nations and its various organs, are still inadequate, whereas the duty of trying those responsible for the genocide and war crimes does not devolve solely on the Government of Rwanda;

4. Calls for every appropriate measure to be taken to reorganize the Rwandan judicial system;

5. Encourages the voluntary return of Rwandan refugees and their social reintegration, endeavouring to ensure the safety of all the vulnerable groups in all the communes;

6. Calls on the international community immediately to provide the necessary assistance so that the International Tribunal for Rwanda can function and begin without delay the trials of those accused of genocide in Rwanda;

7. Demands that the Government of Rwanda and the international community use all possible means to contain the epidemics of dysentery and pneumonia as well as the gangrene, which are decimating the detainees in Rwandan prisons, as a result of overcrowding and inhuman conditions of detention;

8. Appeals once again to the Government of Rwanda and the international community to provide, with the collaboration of the Organization of African Unity, 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;

9. Calls for the individuals implicated in the war crimes, crimes against humanity and genocide in Rwanda who have already been identified to be punished in order to guarantee the victims or their heirs fair compensation in accordance with the principles of international law;

10. Invites the Government of Rwanda to seek and identify the individuals implicated in the political assassinations carried out in Rwanda and to establish their responsibility;

11. Calls for the earliest possible adoption of appropriate measures by States which have granted asylum or other refuge to the individuals implicated in the genocide and massacres that have plunged Rwanda into mourning, so that they do not escape justice;

12. Stresses the urgency of starting the trials of the individuals implicated in the genocide in order to thwart the designs of those who might be tempted to seek revenge, including the survivors who are demanding justice;

13. Expresses the hope that these measures will be appropriately pursued so that the crimes perpetrated in the country do not continue to go unpunished, crimes which are also an open wound in the side of humanity and which can heal only when the criminals are brought to trial in order to restore honour and dignity to the victims, to the survivors and to those who courageously opposed the criminals;

14. Pays tribute to the work of the United Nations High Commissioner for Human Rights in Rwanda, especially the programmes he has established to reorganize the judicial system, promote education, human rights and technical cooperation and investigate the genocide;

15. Also pays tribute to the considerable work accomplished by the Special Rapporteur on Rwanda, Mr. Degni-Ségui, despite the many obstacles he has encountered and the pressure and threats to which he has been subjected;

16. Appeals to the international community to make a financial contribution to the development and education programmes in the field of human rights.

27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]


1995/6. Situation in Colombia

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, the International Covenants on Human Rights, the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977,

Disturbed by continuing allegations of severe violations of human rights in Colombia,

Disturbed also by allegations of continued violations of humanitarian standards by armed opposition groups,

Taking note of the statement made by the Chairman of the Commission of Human Rights at its fifty-first session acknowledging the receipt of a written communication from the Permanent Representative of Colombia pledging the cooperation of his Government with the thematic special procedures of the Commission and with the Office of the High Commissioner for Human Rights (E/1995/23-E/CN.4/1995/176, para. 595),

Acknowledging with appreciation the ratification by Colombia of Protocol II Additional to the Geneva Conventions of 12 August 1949 and the efforts by the Government of Colombia to reform the military justice system, as well as the existence in the 1991 Constitution of a broad catalogue of rights and fundamental freedoms and mechanisms for their protection,

Noting with appreciation that the High Commissioner for Human Rights, in cooperation with the Government of Colombia, has appointed Mr. Philip Texier to evaluate the needs of Colombia in terms of advisory services, with a view to establishing an office for that purpose in Colombia,

Recognizing the public acceptance by the President of Colombia of the conclusions of the special commission created to investigate the violent events which occurred in the municipality of Trujillo, Valle del Cauca, in 1990, in which State responsibility was established for the torture, enforced disappearance and execution of more than 100 rural workers, and the President's announcement that he would adopt the recommendations of the commission directed at repairing the damage suffered by the families of the victims and at bringing to justice the persons responsible,

Concerned, however, by statements of the Working Group on Enforced or Involuntary Disappearances according to which there are 713 unresolved cases of enforced disappearance, and by the fact that the Government in July 1994 vetoed a draft law proscribing the enforced disappearance of persons, which motivated the Working Group to express its concern about the situation in two separate letters addressed to the Government, with no response (E/CN.4/1995/36, para. 135),

Noting with appreciation, however, that the President of Colombia has taken steps to obtain ratification without reservation of the Inter-American Convention on Enforced Disappearances,

Concerned by the observations made in the joint report of the Special Rapporteurs on extrajudicial, summary or arbitrary executions and on the question of torture, prepared after their visit to Colombia in October 1994 and presented to the Commission on Human Rights at its fifty-first session, that the vast majority of recommendations made by the representatives of various United Nations human rights mechanisms that visited Colombia in 1987, 1988 and 1989 have not been implemented (E/CN.4/1995/111, para. 131),

Recalling that the Special Rapporteurs, in their joint report, recommended that the Commission should keep the human rights situation in Colombia under particularly close scrutiny, with a view to the appointment, unless the situation improved radically in the near future, of a special rapporteur who could ensure permanent monitoring of and reporting on the human rights situation and who could cooperate closely with the technical assistance programme (E/CN.4/1995/111, para. 132),

1. Expresses its thanks to the Government of Colombia for allowing access by the thematic rapporteurs and other agencies and bodies of the United Nations, and for its cooperation with the High Commissioner for Human Rights;

2. Expresses its appreciation for the steps taken by the Government which are intended to curb violations committed by some elements of the security forces and by paramilitary groups, but deeply disturbed that serious violations nevertheless continue;

3. Calls on the Government of Colombia to implement the recommendations made by the thematic rapporteurs and the Working Group on Enforced or Involuntary Disappearances, and to report to the Commission on Human Rights at its fifty-second session on the measures taken;

4. Recommends that the Commission on Human Rights consider at its fifty-second session the developments in Colombia by examining the measures taken by the Government to implement the recommendations made by the thematic rapporteurs and the Working Group.

27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]


1995/7. Situation of human rights in Guatemala

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

Guided by the principles enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights and the other international human rights instruments, as well as by the relevant norms and principles of international humanitarian law,

Recalling its resolution 1994/23 of 25 August 1994,

Bearing in mind that the Commission on Human Rights, in its resolution 1995/51 of 3 March 1995, took note of the report of the independent expert on the situation of human rights in Guatemala (E/CN.4/1995/15),

Gratified by the signature on 31 March 1995 of the Agreement between the Government of Guatemala and Unidad Revolucionaria Nacional Guatemalteca on the Identity and Rights of the Indigenous Peoples, containing provisions to
strengthen and improve democratic institutions so that they can respond appropriately to the new definition of the country as a multi-ethnic, multicultural and multilingual nation, and by the fact that the parties are currently dealing with the substantive issues pending in the negotiating process,

Recognizing the relevance of the contributions by the Assembly of Civil Society and the Group of Friendly Countries to the negotiating process,

Taking into consideration the fact that on 19 September 1994 the General Assembly established the United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA), which began operations in Guatemala on 21 November 1994 and has already submitted two reports (A/49/856 and A/49/929),

Deeply concerned that the majority of human rights violations reported are violations of the right to life, of the integrity and security of the person or of liberty in which agents of the State are supposedly implicated or in which the State has failed in its duty to provide safeguards,

Concerned at the persistent problem of impunity manifested in the serious difficulties that investigations and legal proceedings encounter in making progress, and in the inability of the judicial system to bring to justice those intellectually and materially responsible,

Noting that general elections are to be held in Guatemala on 12 November 1995,

Concerned at the high level of abstentions in recent elections, in part because the climate of violence does not favour widespread participation by the population,

Also concerned at the marginalization and discrimination that the indigenous peoples of Guatemala continue to suffer, at the situation of the internally displaced people, most of them Mayan, and at the difficult conditions facing returnees and refugees,

1. Expresses its support for the process of negotiations between the Government of Guatemala and Unidad Revolucionaria Nacional Guatemalteca and expresses its appreciation to the United Nations Moderator, the Assembly of Civil Society and the Group of Friendly Countries for their efforts to bring about a firm and lasting peace;

2. Expresses its satisfaction at the Agreement on the Identity and Rights of the Indigenous Peoples, which contains undertakings that, besides representing great advances for Guatemala, could be taken into account by countries with similar characteristics in that they envisage novel approaches to the recognition of indigenous institutions, official status for indigenous languages and judicial reforms;

3. Reiterates its support for the independent expert on the situation of human rights in Guatemala;

4. Expresses its support and appreciation to MINUGUA for the efforts it has been making since its inception to verify the Comprehensive Agreement on Human Rights;

5. Expresses its deepest concern that the signature of the Comprehensive Agreement on Human Rights and the presence of MINUGUA in Guatemala have not resulted in a substantial improvement in the human rights situation, given that grave violations affecting the right to life, to the integrity and security of the person and to liberty continue to occur;

6. Urges the Government of Guatemala to intensify its efforts to guarantee complete respect for human rights on the part of all authorities and of the armed forces and security forces, and to bring to justice those responsible for human rights violations, upholding the proper administration of justice;

7. Also urges the Government of Guatemala to ensure that the judicial system can operate with due protection being afforded to magistrates, investigators, witnesses and members of victims' families; to facilitate the activities of official and non-governmental human rights organizations; and to provide compensation to victims of human rights violations in accordance with the Comprehensive Agreement on Human Rights;

8. Takes note of the decision of the Government of Guatemala to suspend forcible military recruitment and the announced disbandment of the military commissioners, and urges the Guatemalan Congress to approve the corresponding laws as soon as possible;

9. Requests the Government of Guatemala to take the necessary measures to generate optimum conditions so as to enable elections to take place in the appropriate political climate, and asks the parties to the negotiations to give consideration to appropriate measures to ensure unrestricted exercise of political rights;

10. Also requests the Government of Guatemala to support the Supreme Electoral Tribunal's programmes to facilitate participation by citizens and the enfranchisement of the entire population, including internally displaced people, the so-called "Communities of Populations in Resistance", as well as returnees, and to provide information in indigenous peoples' languages;

11. Strongly exhorts the Government of Guatemala to set in train, as recommended by the independent expert, the dismantling of the system of Voluntary Self-Defence Committees so as to ensure, before the elections, maximum participation in the electoral process, averting any danger of intimidation;

12. Takes note with satisfaction of the first decisions by Unidad Revolucionaria Nacional Guatemalteca to suspend activities affecting the economic infrastructure of the country, and urges it to extend those decisions to cover other activities that also affect civilian property;

13. Takes note with appreciation of the encouragement the people of Guatemala have received from political and social circles to participate widely in the forthcoming elections so as to consolidate democracy;

14. Requests the General Assembly to look favourably on the request to extend the mandate of MINUGUA so as to ensure verification of the Comprehensive Agreement on Human Rights, and requests the international community to support MINUGUA financially;

15. Requests the Commission of the European Union, the Organization of American States and the United Nations to provide the economic and practical support that the Supreme Electoral Tribunal may seek in order to ensure a clear and transparent electoral process;

16. Urges the international community to consider sending observers to Guatemala to ensure that the electoral process works properly before, during and after the elections;

17. Requests the Government of Guatemala to give priority to the expansion of economic and social development programmes, in particular policies and programmes affecting indigenous peoples, with the full participation of representatives of such peoples and taking into account their proposals and criteria in the light of the Agreement on the Identity and Rights of the Indigenous Peoples;

18. Requests the Government of Guatemala and Unidad Revolucionaria Nacional Guatemalteca to step up their efforts to apply the Comprehensive Agreement on Human Rights that has been in force since 29 March 1994, to comply with the recommendations of MINUGUA and to consider giving swift effect to urgent provisions of the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and of the Agreement on the Identity and Rights of the Indigenous Peoples;

19. Calls on the Government of Guatemala and Unidad Revolucionaria Nacional Guatemalteca to pursue the negotiating process in depth and swiftly; on the Secretary-General of the United Nations to provide the necessary means for that process; on the Group of Friendly Countries to continue its good offices; and on the Assembly of Civil Society to continue to take part in the process.

27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]


1995/8. Situation in the territory of the former Yugoslavia

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, the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention on the Prevention and Punishment of the Crime of Genocide, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Elimination of All Forms of Discrimination against Women, the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977,

Observing with utter dismay that all the above instruments are being grossly violated by some of the parties to the conflict in the former Yugoslavia,

Convinced that the international response to the violations taking place in the former Yugoslavia is a test case of the human rights mission of the United Nations as a whole,

Recalling its resolution 1993/17 of 20 August 1993 and Commission on Human Rights resolutions 1992/S-1/1 of 14 August 1992, 1992/S-2/1 of 1 December 1992, 1993/7 and 1993/8 of 23 February 1993, 1994/75 and 1994/77 of 9 March 1994 and 1995/89 of 8 March 1995,

Recalling also Security Council resolution 824 (1993) of 6 May 1993 and 836 (1993) of 4 June 1993, in which the Council declared that Sarajevo, Tuzla, Zepa, Gorazde, Bihac, Srbenice and their surroundings should be treated as safe areas and that international humanitarian agencies should be given free and unimpeded access to those areas,

Recalling further the decision adopted by the World Conference on Human Rights on 15 June 1993 (A/CONF.157/24 (Part I), chap. IV) to appeal to the Security Council to end the genocide taking place in Bosnia and Herzegovina,

Reiterating its admiration for the dedication shown by the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia, Mr. Tadeuz Mazowiecki, and for his work in the whole of the former Yugoslavia and in particular in Bosnia and Herzegovina, as expressed in its resolution 1995/1,

Having noted with the utmost anguish the reports of the Special Rapporteur, and disturbed by the lack of attention to his recommendations which made him conclude that the response of the international community had been slow and ineffectual and that he therefore did not see any possibility of continuing his mandate,

Expressing once again its horror and its total and unqualified condemnation of so-called "ethnic cleansing" wherever it occurs,

Appalled by the acts of genocide carried out by the rebel Pale Serbs in Bosnia and Herzegovina, including the evidence indicating that large-scale massacres of the Muslim population have taken place after the occupation of the "safe areas" of Zepa and Srebrenica,

Distressed by the vast displacements of people and large flows of refugees of the various ethnic groups, including the flight of many thousands of Croatian Serbs from the area of Krajina, of the non-Serb population from the Banja Luka region and of Croats from Vojvodina,

Recalling that the international community, including the United Nations, has recognized the new States of the former Yugoslavia with the borders they had as republics of Yugoslavia,

Recalling also the statement by the President of the Security Council, on 4 August 1995, expressing on behalf of the Council deep concern at the resumption of hostilities in and around the Republic of Croatia, condemning any shelling of civilian targets and demanding that no military action be taken against civilians,

Recognizing that peace talks may require that temporary cease-fire lines be drawn to bring the fighting to an end,

Expressing its opposition, however, to any permanent division of any independent country of the former Yugoslavia on ethnic or religious grounds, and observing that such division would constitute a new form of apartheid,

Noting with appreciation the achievements towards the preservation of the territorial integrity of Bosnia and Herzegovina through the creation of the Federation of Bosnia and Herzegovina established by the Washington agreements of 1 March 1994, which should serve as a model for the reconciliation of all groups within Bosnia and Herzegovina and which, in areas under the control of the Government, has tangibly improved the human rights situation,

Welcoming the recent decision by the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia to implement its first indictments,

1. Calls on all parties to the conflict scrupulously to respect humanitarian standards applicable to all parties and in all situations, immediately to halt all acts of violence directed against the civilian population, including the prevention of any violence directed against fleeing refugees, and to allow delivery of humanitarian relief wherever it is needed;

2. Reaffirms the invalidity of any forcible territorial gains;

3. Emphasizes that the practices and consequences of "ethnic cleansing" should in no way be legitimized as part of the peace settlements;

4. Affirms the right of persons to remain in peace in their own homes, on their own lands and in their own countries within the borders already recognized by the United Nations;

5. Recommends that the United Nations and all Governments take measures to enable all refugees, deportees and displaced persons to return safely to their homes and their properties to be restored to them, any documents signed by them under duress being rejected;

6. Also recommends that steps be taken to ensure reparation and compensation for losses suffered as a consequence of aggression and "ethnic cleansing", to which end the international community should contribute to the resources required, it being understood that those responsible for causing destruction and other losses shall be held personally responsible for repayment for the losses incurred;

7. Emphasizes that no provision for impunity for any act of genocide, "ethnic cleansing" or other serious war crime, including rape, must be made in the peace plan;

8. Welcomes the progress made by the Prosecutor of the International Criminal Tribunal and calls on all States, as required under Security Council resolution 827 (1993) of 23 May 1993, to cooperate with the International
Tribunal in providing information and evidence for investigations and trials and in the apprehension and surrender of persons accused of crimes within the jurisdiction of the Tribunal;

9. Demands that those who have engaged in incitement to ethnic or religious hatred be brought to justice and held individually accountable for their acts;

10. Urges that conditions be established for the continuation of the function of special rapporteur on the situation of human rights in the territory of the former Yugoslavia and that a new special rapporteur be appointed when such conditions are established, and requests that the recommendations contained in the reports of the former Special Rapporteur be given the highest priority in any dealings of the United Nations with the parties in the former Yugoslavia;

11. Again requests the Secretary-General to take all necessary measures to stop the massive violations of human rights in the former Yugoslavia and to secure the human rights of all persons within the countries concerned;

12. Commends those pursuing peace negotiations with the conflicting parties in the former Yugoslavia, and calls on them vigorously to pursue such peace settlements as are in conformity with the purposes and principles of the United Nations, with international law in general and with the law of human rights and fundamental freedoms in particular.

27th meeting
18 August 1995
[Adopted without a vote. See chap. VII.]


1995/9. Situation in the Palestinian and other Arab territories occupied by Israel

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, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, in particular the principles of equal rights and self-determination of all peoples,

Mindful of the principles and humanitarian provisions of the Geneva Conventions of 12 August 1949 for the protection of war victims, of the principles and provisions of international law, and of the obligations arising from the Regulations concerning the Laws and Customs of War on Land, annexed to the Hague Convention IV of 1907,

Recalling that, in accordance with article 1 of the Geneva Conventions of 12 August 1949, all States parties to the Conventions have undertaken to respect and to ensure respect for the Conventions in all circumstances,

Recalling also all the resolutions of the General Assembly and the Commission on Human Rights which affirm the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem,

Recalling further the relevant Security Council resolutions, in particular resolutions 605 (1987) of 22 December 1987, 607 (1988) of
5 January 1988, 608 (1988) of 14 January 1988, 636 (1989) of 6 July 1989, 681 (1990) of 20 December 1990, 726 (1992) of 6 January 1992 and 799 (1992) of 18 December 1992,

Taking note of the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories submitted to the General Assembly,

Deeply alarmed at the non-respect by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the failure to apply it to the Palestinians in the occupied Palestinian territories,

Welcoming the ongoing Middle East peace process started at Madrid, in particular the signing at Cairo on 4 May 1994 of the first agreement on the implementation of the Declaration of Principles on the Gaza Strip and Jericho Area by the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people,

Recalling the time-frame for elections contained in the Declaration of Principles on Interim Self-Government Arrangements,

1. Reaffirms that the Israeli occupation of Palestinian and other Arab territories, including Jerusalem, itself constitutes a gross violation of human rights;

2. Also reaffirms that the continued imposition of collective punishment and isolation of occupied areas, after the signing of the Declaration of Principles on Interim Self-Government Arrangements by Israel and the Palestine Liberation Organization in Washington, D.C., on 13 September 1993, constitute grave violations of the principles of international humanitarian law and of the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, of the Universal Declaration of Human Rights, of the International Covenant on Civil and Political Rights and of the International Covenant on Economic, Social and Cultural Rights;

3. Reaffirms that the installation of Israeli civilians in the Palestinian and other Arab occupied territories is illegal and constitutes a violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

4. Calls upon the States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to ensure respect by Israel for the Convention and to secure protection for the Palestinian people under occupation, until the end of this occupation, in accordance with article 1 of the Convention;

5. Reaffirms the inalienable rights of the Palestinian people to return to their homeland in accordance with General Assembly resolution 194 (III) of 11 December 1948, to self-determination without foreign interference and to establish their independent sovereign State on their national soil, in accordance with the principles and provisions of the Charter of the United Nations and with resolutions of the General Assembly and of the Commission on Human Rights;

6. Reaffirms Economic and Social Council resolution 1995/49 of 28 July 1995 on the economic and social repercussions of the Israeli settlements on the Palestinian people in the Palestinian territory, including Jerusalem, occupied since 1967, and on the Arab population of the occupied Syrian Golan;

7. Calls upon Israel:

(a) To comply with its international obligations, respect the rules of international law and apply the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian and other occupied Arab territories;

(b) To desist from 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 or of altering the demographic, cultural, religious or other character of those territories, including Jerusalem, are illegal, null and void;

(c) To comply with the relevant resolutions of the General Assembly and of the Security Council, particularly resolution 497 (1981), in which the Council inter alia decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect, and demanded that Israel, the occupying Power, should rescind forthwith its decision;

(d) To desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, and to desist from its repressive measures against them and from all other practices mentioned in the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and other Arabs of the Occupied Territories, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties, and calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to in the present resolution;

(a) To comply with all current international norms in the field of human rights;

(b) To provide greater access to its prisons and interrogators through international organizations;

(c) To avail itself of the advisory services offered by the Centre for Human Rights with a view to fostering human rights institutions;

(d) To hold free elections, which, as a result of ongoing negotiations, are already delayed.

(a) Police brutality against ethnic Albanians, the deaths of ethnic Albanians resulting from such brutality, arbitrary searches, seizures and arrests, forced evictions, torture and ill-treatment of detainees, and discrimination in the administration of justice, including several trials, which are still going on, of former Albanian policemen,

(b) Discriminatory and arbitrary dismissals of ethnic Albanian civil servants, notably from the ranks of the police and the judiciary, mass dismissals of ethnic Albanians, confiscation and expropriation of their property, discrimination against Albanian pupils and teachers, the closing of Albanian language secondary schools and the Albanian university, as well as the closing of Albanian cultural and scientific institutions,

(c) The harassment and persecution of political parties and associations of ethnic Albanians and their leaders and activists who, on a permanent basis, are subjected to inhuman and degrading il-treatment and arrest,

(d) The intimidation, systematic harassment and imprisonment of ethnic Albanian journalists and disruption of the Albanian language news media,

(e) The dismissal of doctors and other medical staff from clinics and hospitals,

(f) The elimination in practice of the Albanian language, particularly in the public administration and services,

(g) The serious and massive occurrence of discriminatory and repressive practices aimed at Kosovo Albanians as a whole, which is resulting in widespread involuntary migration, and noting that these measures and practices constitute a form of silent "ethnic cleansing",

(a) Take all necessary measures to bring to an immediate end all human rights violations against ethnic Albanians in Kosovo, including, in particular, discriminatory measures and practices, arbitrary searches and detention, violation of the right to a fair trial and the practice of torture and other cruel, inhuman or degrading treatment;

(b) Revoke all discriminatory legislation, in particular that which has entered into force since 1989;

(c) Release all political prisoners in Kosovo;

(d) Establish genuine democratic institutions in Kosovo, including the parliament and judiciary, and respect the will of its inhabitants as the best means of preventing the escalation of conflict there;

(e) Reopen all the cultural and scientific institutions of the ethnic Albanians;

(f) Pursue dialogue with the representatives of ethnic Albanians in Kosovo under the auspices of the International Conference on the Former Yugoslavia;

A. Special Rapporteur on the sale of children, child prostitution and child pornography

2. Expresses its deep appreciation to Mr. Vitit Muntarbhorn for his excellent work and the outstanding reports he submitted to the Commission on Human Rights and the General Assembly, and welcomes the appointment of Mrs. Ofelia Calcetas-Santos as the new Special Rapporteur on the sale of children, child prostitution and child pornography;

3. Takes note of the information on these problems submitted by the participants at the twentieth 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 her mandate;

4. Requests the Special Rapporteur, within the framework of her 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 twenty-first session of the Working Group;

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

6. Decides to transmit the report of the Secretary-General on the status of implementation of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography (E/CN.4/Sub.2/1995/29 and Add.1) to the Commission on Human Rights for its consideration;

7. Requests the Secretary-General to invite all States to continue to inform the Working Group of measures adopted to implement the Programme of Action;

8. 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. Trafficking in organs

9. 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 even killed for, the removal of organs for the purposes of commercial transplants and to indicate any measures taken to counteract the practice wherever it exists, and to present a report to the Working Group at its next session;

10. Recommends that the Commission on Human Rights designate an expert to investigate and prepare a study on allegations regarding the removal of organs and tissues of children and adults for commercial purposes;

11. Encourages the World Health Organization to continue to pay special attention to the issue by, in particular, updating its Guiding Principles on Human Organ Transplantation;

12. Expresses its concern that in some States non-therapeutic research may be conducted on and removal of tissue may be permitted from minors and mentally ill patients on the basis of surrogate consent, in violation of the provisions of article 7 of the International Covenant on Civil and Political Rights;

13. Decides to continue to examine this matter at its forty-eighth 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;

14. Requests the Secretary-General to invite States to inform the Working Group of measures adopted to implement the Programme of Action on the Elimination of the Exploitation of Child Labour and to submit a report thereon to the Sub-Commission at its forty-eighth session and to the Commission at its fifty-third session;

15. Considers that a study on the exploitation of child labour and debt bondage is of great importance;

16. Urges all States, while attempting ultimately to eliminate the phenomenon of child labour, to adopt measures and regulations to ensure that their labour is not exploited and to prohibit their labour in hazardous occupations;

17. Takes note with satisfaction of the promulgation by States of laws against debt bondage, and appeals to Governments to adopt all the necessary measures to implement and follow up the implementation of such laws;

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

19. Recommends that trade unions at the local, national and international levels utilize the existing structure of the International Labour Organization dealing with violations of the conventions concerning forced labour, and encourages concerned non-governmental organizations to strengthen their activities for disseminating information and advising trade unions in this regard;

20. Urges all countries to ensure that bonded labour is not used to produce the goods they import or export;

21. Welcomes the convening of the World Congress against Commercial Sexual Exploitation of Children, to be held at Stockholm from 26 to 31 August 1996, organized by the Government of Sweden, the United Nations Children's Fund, End Child Prostitution in Asian Tourism and the NGO Group for the Convention on the Rights of the Child, and invites Governments to participate fully in the planning of the World Congress;

22. Recommends that the Commission on Human Rights adopt the draft programme of action for the prevention of trafficking in persons and the exploitation of the prostitution of others (E/CN.4/Sub.2/1995/28/Add.1);

23. Also recommends that Governments prohibit the advertising or publicizing of sex tourism and that they not facilitate other commercial activities involving sexual exploitation;

24. Encourages Governments to establish specific projects for the protection of the victims of traffic in persons and of prostitution from the risk of infection with the HIV virus and the spread of AIDS;

25. 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;

26. 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;

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

28. Considers that the situation of migrant workers has deteriorated;

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

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

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

32. Welcomes the decision of the Working Group to include this item in the provisional agenda for the twenty-first session and to consider ways to combat incest and sexual abuse of children inside the family, and emphasizes the urgent need for adequate help to be offered to victims of such practices;

33. Urges Governments to make confidential facilities available for children to make disclosures of the situation and to obtain advice;

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

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

36. Welcomes the decision of the Working Group to include this item in the provisional agenda for the twenty-first session;

37. Welcomes the decision of the Working Group to include this item in the provisional agenda for the twenty-first session;

38. 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 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 twentieth session;

39. Welcomes the information provided by the Government of Japan to the Working Group and to the Sub-Commission at its forty-seventh session regarding its action in relation to the issue of women sex slaves during the Second World War, seeing those measures as useful steps towards the solution of outstanding complaints regarding activities of Japanese military forces before September 1945;

40. Considers that the prompt establishment of a Japanese administrative tribunal to deal with persons who suffered maltreatment, in particular subjection to treatment akin to slavery, would effectively settle such grievances;

41. Recalls the recommendations adopted by the Working Group at its nineteenth session (E/CN.4/Sub.2/1994/33, chap. VI), in particular recommendation 13, paragraphs 1 to 4, and draws the attention of the parties concerned to the possibility of making agreements on voluntary submission to a settlement mechanism;

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

43. 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;

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

45. 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 include in their guidelines an item concerning contemporary forms of slavery;

46. Also recommends that the supervisory bodies of the International Labour Organization 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;

47. 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;

48. Draws the attention of the Fourth World Conference on Women, to be held in Beijing in September 1995, to the work of the Working Group, in particular on issues involving women and girl children;

49. 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;

50. 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-second session and to the Working Group at its twenty-first session;

51. Recalls the endorsement by the Commission on Human Rights and the Economic and Social Council of the proposal made by the Working Group on Contemporary Forms of Slavery that the General Assembly declare 2 December, the date of adoption of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949, "International Day for the Abolition of Slavery in all its Forms";

52. 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, as contained in Commission decision 1992/115 of 3 March 1992, be repeated in subsequent years;

53. 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
18 August 1995
[Adopted without a vote. See chap. XVI.]


1995/17. Human rights and disability

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

Recalling its resolutions 1993/22 of 20 August 1993 and 1994/10 of 19 August 1994 and the reference therein to the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights, which reaffirm that persons with disabilities