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 48th Session , U.N. Doc. E/CN.4/Sub.2/1996/41 (1996).

Part 2

1996/111. Composition of the pre-sessional working groups of the Sub-Commission

At its 34th meeting, on 29 August 1996, the Sub-Commission approved the following composition of the pre-sessional working groups of the Sub-Commission:

[See chaps. X, XV, XVI and XVIII.]

1996/112. Methods of work of the Sub-Commission

At its 34th meeting on 29 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, aware that its present schedule does not allow it to devote sufficient time to its work, in particular to the study of documents, the preparation of draft resolutions and the undertaking of sufficiently wide consultations among its members and with representatives of Governments and non-governmental organizations, and convinced that the time devoted to formal meetings could be reduced if the meetings were rescheduled to take place over a longer period, thereby allowing time for more frequent informal consultations, decided, without a vote, to request the Secretary-General to examine the financial and other implications of organizing its sessions according to each of the following three proposals: (a) one session of four weeks with two meetings each working day; (b) one session of five weeks with one week of two meetings each working day and four weeks of one meeting each working day; (c) one session of six weeks of one meeting each working day. The Sub-Commission also decided, without a vote, to request the Secretary-General to submit a report on his examination of this matter at its forty-ninth session.

[See chap. IV.]

1996/113. Reform of the work of the Sub-Commission

At its 34th meeting, on 29 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, recalling Commission on Human Rights resolution 1996/25 of 19 April 1996, in which the Sub-Commission was requested to review the selection of subjects for studies as well as the commissioning, number, treatment and time-frame of studies and reports, recognizing the need of the Sub-Commission to bring to a successful conclusion studies which had been initiated, believing that the Sub-Commission should consider carefully how to respond to the Commission's request and recognizing the need to initiate at its forty-eighth session one or more working papers so as to be able to select subjects for studies at later sessions, decided, by 18 votes to 3, with 2 abstentions, that at its forty-eighth session the Sub-Commission would not propose any new studies or reports, with the exception of working papers without financial implications and of those cases in which studies or reports were specifically recommended by a competent working group of the Sub-Commission.

[See chap. IV.]

1996/114. Methods of work of the Sub-Commission

At its 34th meeting, on 29 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, mindful of the need for and merit of having a consolidated set of the rules of procedure that are fully applicable to it, decided, without a vote, to entrust Mr. Ribot Hatano with the task of preparing, without financial implications, a working paper relating to the methods of work of the Sub-Commission, to be submitted to it at its forty-ninth session as a basis for discussion, which will contain:

(a) A compilation of the existing guidelines, decisions and any other instruments applicable to the procedures of the Sub-Commission;

(b) A list of the procedural questions which need to be resolved by the Sub-Commission.

The Sub-Commission also decided, without a vote, to request the Secretariat to provide Mr. Hatano with all the assistance he might need in the preparation of the working paper.

[See chap. IV.]

1996/115. Methods of work of the Sub-Commission regarding agenda item 6

At its 34th meeting, on 29 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, noting that the Commission on Human Rights in its resolution 1996/25 of 19 April 1996 requested the Sub-Commission thoroughly to review in an effective manner its mandate and working methods with a view to improving its efficiency further and avoiding duplication, and considering it inappropriate to draw to the attention of the Commission situations which the Sub-Commission had reason to believe revealed consistent patterns of violations of human rights and fundamental freedoms, in accordance with Commission resolution 8 (XXIII) of 16 March 1967, when those situations were already under consideration in the Commission, decided, by 19 votes to 3, with 2 abstentions, to take no action at its forty-ninth session under the agenda item entitled "Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII)" in respect of human rights situations which the Commission was considering under the public procedures for dealing with human rights violations.

[See chap. IV.]

1996/116. Recognition of gross and massive violations of human rights as an international crime

At its 35th meeting, on 29 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, recalling its resolution 1995/22 of 24 August 1995 in which it reiterated its recommendation that the Commission on Human Rights appoint a special rapporteur to prepare a report entitled "Recognition of gross and large-scale violations of human rights perpetrated on the orders of Governments or sanctioned by them as an international crime", recalling also Commission decision 1996/105 of 19 April 1996 in which the Commission decided, without a vote, to postpone forwarding that request to the Economic and Social Council in order to be able to take into account the work of other United Nations bodies in that field, including that of the International Law Commission, and believing that an expanded working paper on the subject would contribute to a better understanding of the subject and would not interfere with the work of other United Nations bodies, decided, without a vote, to request Mr. Stanislav Chernichenko to prepare, without financial implications, an expanded working paper to be entitled "Recognition of gross and massive violations of human rights perpetrated on the orders of the Governments or sanctioned by them as an international crime", and to submit the expanded working paper in time to be considered by the Sub-Commission at its forty-ninth session.

[See chap. V.]

1996/117. Democratic society

At its 35th meeting, on 29 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, without a vote, to request Mr. Osman El-Hajjé to prepare, without financial implications, an expanded working paper on ways and means of promoting democracy, how democracy can ensure economic, social, cultural and political rights and how to overcome obstacles to democracy, and to present the expanded working paper to the Sub-Commission at its forty-ninth session.

[See chap. V.]

1996/118. Study on treaties, agreements and other constructive arrangements between States and indigenous populations

At its 35th meeting, on 29 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, recalling its decisions 1994/116 of 26 August 1994 and 1995/118 of 24 August 1995, decided, without a vote:

(a) To take note of the third (last) progress report (E/CN.4/Sub.2/1996/23) submitted by Mr. Miguel Alfonso Martínez, Special Rapporteur on the study on treaties, agreements and other constructive arrangements between States and indigenous populations;

(b) To request the Special Rapporteur to submit his final report in time for it to be considered by the Working Group on Indigenous Populations at its fifteenth session and by the Sub-Commission at its forty-ninth session;

(c) To request the Secretary-General to give the Special Rapporteur all the assistance necessary to enable him to conclude his study, in particular by providing for specialized research assistance and for special consultations with the Centre for Human Rights; and

(d) To recommend that the Commission on Human Rights request the Economic and Social Council to endorse this decision.

[See chap. XV.]

1996/119. The administration of justice and the human rights of detainees

At its 35th meeting, on 29 August 1996, the Sub-Commission on Protection of Discrimination and Protection of Minorities, having considered the final report on the question of the impunity of perpetrators of violations of human rights (civil and political rights) (E/CN.4/Sub.2/1996/18) prepared by Mr. Louis Joinet, decided, without a vote, to request the Special Rapporteur to submit to it at its forty-ninth session a revised version of the set of principles for the protection and promotion of human rights through action to combat impunity contained in annex II of the final report, taking into account the comments and observations received.

[See chap. XI.]

1996/120. Joint working paper on article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination

At its 35th meeting, on 29 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, without a vote, to entrust two of its members, Mr. José Bengoa and Mr. Mustafa Mehedi, with the preparation, without financial implications, of a joint working paper on article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination, together with two members of the Committee on the Elimination of Racial Discrimination, Mr. Ivan Garvalov and Mrs. Shanti Sadiq Ali, to be submitted to the two bodies at their respective sessions in August 1997.

[See chaps. IV and VI.]

1996/121. Dissemination of declarations of the Sub-Commission

At its 36th meeting, on 30 August 1996, the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, without a vote, to request that all declarations adopted by the Sub-Commission should be immediately forwarded to the United Nations Department of Public Information for the widest possible public dissemination.

[See chap. IV.]

III. ORGANIZATION OF THE FORTY-EIGHTH SESSION

A. Opening and duration of the session

1. The Sub-Commission on Prevention of Discrimination and Protection of Minorities held its forty-eighth session at the United Nations Office at Geneva from 5 to 30 August 1996. It held 36 meetings (E/CN.4/Sub.2/1996/SR.1-36) during the session.

2. The session was opened by Mr. Ioan Maxim, Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its forty-seventh session, who made a statement. The United Nations High Commissioner for Human Rights, Mr. José Ayala-Lasso, also addressed the Sub-Commission at its 1st meeting, on 5 August 1996.

B. Attendance

3. The session was attended by members of the Sub-Commission, by observers for States Members of the United Nations, by observers for non-member States and a national liberation movement and by representatives of United Nations bodies, specialized agencies, intergovernmental and non-governmental and other organizations. The attendance list is given in annex II to the present report.

C. Election of officers

4. At its 1st and 4th meetings, on 5 and 7 August 1996, the Sub-Commission elected the following officers by acclamation:

Chairman: Mr. Asbjörn Eide

Vice-Chairmen: Mr. Mohammed Sardar Ali Khan

Mr. Stanislav V. Chernichenko

Mr. Héctor Fix Zamudio

Rapporteur: Ms. Lucy Gwanmesia

5. At its 19th meeting, on 19 August 1996, the Sub-Commission elected, by acclamation, to substitute Mr. Héctor Fix Zamudio with Mr. José Augusto Lindgren Alves as Vice-Chairman.

D. Adoption of the agenda

6. At its 1st meeting, the Sub-Commission had before it the provisional agenda for the forty-eighth session (E/CN.4/Sub.2/1996/1), drawn up in accordance with rule 5 of the rules of procedure of the functional commissions of the Economic and Social Council, on the basis of the draft provisional agenda considered by the Sub-Commission at its forty-seventh session in accordance with paragraph 3 of the Economic and Social Council resolution 1894 (LVII).

7. At the same meeting, statements with regard to the provisional agenda were made by Mr. Chernichenko, Ms. Daes, Mr. Joinet and Ms. Warzazi.

8. At the same meeting, the agenda, as amended, was adopted without a vote.

9. At its 2nd meeting, on 6 August 1996, at the proposal of Ms. Warzazi and upon recommendation of its officers, the Sub-Commission decided to add a new sub-item 16 (a) entitled "Thirtieth anniversary of the International Covenants on Human Rights" to its agenda. The former sub-items (a) and (b) were renumbered accordingly. For the text of the decision, see chapter II, section B, decision 1996/101.

10. At the proposal of Mr. Chernichenko and upon recommendation of its officers, the Sub-Commission, at the same meeting, decided to include a new sub-item 18 (c) on its agenda entitled "The right to leave any country including one's own and to return to one's own country". For the text of the decision, see chapter II, section B, decision 1996/102.

11. For the text of the agenda as adopted, see annex I to the present report.

E. Organization of work

12. At the 2nd meeting, on 6 August 1996, the Sub-Commission decided to establish a sessional working group on the administration of justice and the question of compensation under agenda item 10. For the text of the decision, see chapter II, section B, decision 1996/103.

13. At the same meeting, upon recommendation of its officers, the Sub-Commission decided to invite a number of experts and special rapporteurs to participate in the meetings at which their reports were to be considered. For the text of the decision, see chapter II, section B, decision 1996/104.

F. Meetings, resolutions and documentation

14. Written communications transmitted by Governments and non-governmental organizations for circulation at the forty-eighth session of the Sub-Commission are mentioned in annex VI containing the list of documents issued for the forty-eighth session.

15. The Sub-Commission adopted resolutions 1996/1 to 1996/39 and took 21 decisions. The texts of these resolutions and decisions appear in chapter II, sections A and B, respectively. Draft decisions for action or consideration by the Commission on Human Rights are set out in chapter I.

16. Information concerning the administrative and programme budget implications of the resolutions and decisions adopted by the Sub-Commission at its forty-eighth session is provided in annex III.

17. A list of the resolutions and decisions referring to matters drawn to the attention of the Commission on Human Rights is contained in annex IV.

18. A list of studies completed at the forty-eighth session and of ongoing studies, drawn up in accordance with Commission on Human Rights resolution 1982/23, appears in annex V.

19. A list of documents issued for the forty-eighth session of the Sub-Commission appears in annex VI.

G. Other matters

20. At the 1st meeting, on 5 August 1996, Ms. Palley proposed that the Sub-Commission observe a minute of silence in honour of the victims of all forms of violations of human rights in all regions of the world, in particular the journalists and human rights activists who have died for the cause of human rights. Ms. Daes and Mr. Guissé made statements in support of the proposal. At the same meeting, the Sub-Commission observed a minute of silence.

21. At its 13th meeting, on 14 August 1996, in response to Mr. Alfonso Martínez's inquiry on the question of a health insurance policy for members of the Sub-Commission, an administrative officer of the Centre for Human Rights made a statement. Comments in this connection were made by Mr. Alfonso Martínez, Ms. Attah and Ms. Warzazi.

22. At its 21st meeting, on 20 August 1996, an administrative officer of the Centre for Human Rights gave further clarifications concerning a health insurance policy. Mr. Alfonso Martínez made a statement in this connection.

IV. REVIEW OF THE WORK OF THE SUB-COMMISSION

23. The Sub-Commission considered agenda item 3 at its 3rd (closed meeting), 5th, 6th (closed meeting), 15th to 18th, 26th and 34th to 36th meetings, on 7, 8, 15, 16, 19, 23, 29 and 30 August 1996. The closed meetings were held in accordance with Sub-Commission decision 1995/114 of 24 August 1995.

24. At its 5th meeting, on 8 August 1996, the Chairman of the Commission on Human Rights at its fifty-second session, Mr. Gilberto Vergne Saboia, made a statement on the work of the Commission.

25. In the general debate on the item, statements 1/ were made by the following members of the Sub-Commission: Mr. Alfonso Martínez (3rd, 5th, 6th, 16th, 17th, 26th), Mr. Ali Khan (5th, 17th), Ms. Attah (6th), Mr. Bengoa (6th, 16th, 18th), Mr. Bossuyt (3rd, 6th, 16th, 17th, 26th), Mr. Boutkevitch (16th), Mr. Chernichenko (3rd, 5th, 6th, 16th), Ms. Daes (6th, 26th), Mr. Diaz Uribe (6th), Mr. El-Hajjé (3rd, 5th, 17th, 26th), Mr. Fan Guoxiang (6th, 16th, 17th, 26th), Mr. Fix Zamudio (6th), Mr. Guissé (6th, 17th, 26th), Ms. Gwanmesia (3rd, 5th, 6th, 18th, 26th), Mr. Hatano (3rd, 6th, 16th, 17th), Mr. Joinet (3rd, 5th, 6th, 16th, 17th, 26th), Mr. Khalifa (26th), Mr. Khalil (6th), Mr. Lindgren Alves (6th, 16th, 26th), Mr. Maxim (3rd, 6th, 16th, 26th), Ms. Mbonu (18th, 26th), Ms. Palley (3rd, 6th, 17th, 18th), Ms. Warzazi (3rd, 5th, 6th, 17th, 26th) and Mr. Weissbrodt (3rd, 17th).

26. A statement was made by the observer for the United States of America (17th).

27. Statements were also heard from the following non-governmental organizations: American Association of Jurists (17th), International Service for Human Rights (15th).

28. A statement equivalent to a right of reply was made by the observer of the United States of America (17th).

Methods of work of the Sub-Commission

29. At its 34th meeting, on 29 August 1996, the Sub-Commission considered draft decision E/CN.4/Sub.2/1996/L.30, sponsored by Mr. Bossuyt, Ms. Warzazi and Mr. Yimer. Mr. Alfonso Martinez, Mr. Diaz Uribe, Ms. Gwanmesia, Mr. Joinet, Mr. Maxim, Ms. Mbonu and Mr. Mehedi subsequently joined the sponsors.

30. Statements in connection with the draft decision were made by Mr. Bossuyt, Mr. Chernichenko and Ms. Mbonu.

31. The draft decision was adopted without a vote. For the text of the decision see chapter II, section B, 1996/112.

Reform of the work of the Sub-Commission

32. At its 34th meeting, on 29 August 1996, the Sub-Commission considered draft decision E/CN.4/Sub.2/1996/L.37, sponsored by Mr. Lindgren Alves.

33. Mr. Lindgren Alves proposed to orally revise the text by adding, at the end of the draft decision, the words "and of those cases in which the studies or reports are specifically recommended by a competent working group of the Sub-Commission".

34. Statements in connection with the revision were made by Mr. Alfonso Martínez, Mr. El-Hajjé, Mr. Guissé, Mr. Joinet, Ms. Mbonu and Ms. Palley.

35. At the request of Mr. Alfonso Martínez, a vote by show of hands was taken in accordance with rule 54 of the rules of procedure of the functional commissions of the Economic and Social Council, calling for a decision on the competence of the Sub-Commission to adopt draft decision E/CN.4/Sub.2/1996/L.37. The motion was adopted by 21 votes to 1, with no abstentions.

36. At the request of Mr. Joinet, a vote by show of hands was taken on the draft decision. The decision, as revised, was adopted by 18 votes to 3, with 2 abstentions.

37. For the text of the decision, see chapter II, section B, 1996/113.

Methods of work of the Sub-Commission

38. At its 34th meeting, on 29 August 1996, the Sub-Commission considered draft decision E/CN.4/Sub.2/1996/L.41, sponsored by Mr. Alfonso Martínez, Mr. Ali Khan, Mr. Boutkevitch, Ms. Daes, Mr. El-Hajjé, Mr. Fix Zamudio, Mr. Joinet, Mr. Khalil, Mr. Lindgren Alves, Mr. Maxim, Mr. Park, Ms. Warzazi and Mr. Weissbrodt.

39. The decision was adopted without a vote. For the text of the decision see chapter II, section B, 1996/114.

Methods of work of the Sub-Commission regarding item 6

40. At its 34th meeting, on 29 August 1996, the Sub-Commission considered draft decision E/CN.4/Sub.2/1996/L.42, sponsored by Mr. Bossuyt, Mr. Chernichenko and Mr. Lindgren Alves.

41. Mr. Joinet proposed to add, at the end of the draft decision, the words "unless the Sub-Commission decides otherwise in exceptional cases".

42. Mr. Lindgren Alves orally revised the proposed amendment by replacing it with the following text: "unless any new and grave events occur in the intervening period".

43. Statements in connection with the draft decision and the proposed amendment were made by Mr. Alfonso Martínez, Mr. Bossuyt, Mr. Chernichenko, Mr. El-Hajjé, Ms. Gwanmesia, Mr. Hatano, Mr. Khalil, Ms. Mbonu, Ms. Palley and Ms. Warzazi.

44. Ms. Warzazi orally proposed to add, at the end of the draft decision, the phrase "sauf en cas des situations de droits de l'homme urgentes se présentant après la Commission des droits de l'homme".

45. Mr. Joinet, Mr. Lindgren Alves and Ms. Warzazi subsequently withdrew their proposals.

46. A vote by show of hands on the original text was taken on the draft decision. The decision was adopted by 19 votes to 3, with 2 abstentions. For the text of the decision, see chapter II, section B, 1996/115.

47. Mr. Alfonso Martinez made a statement in explanation of vote after the vote.

Joint working paper on article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination

48. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft decision E/CN.4/Sub.2/1996/L.55, proposed by the Chairman.

49. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 1996/120.

Dissemination of declarations

50. At its 36th meeting, on 30 August 1996, at the proposal of Mr. Lindgren Alves, the Sub-Commission decided, without a vote, to request that all declarations adopted by the Sub-Commission should be immediately forwarded to the United Nations Department of Public Information for widest possible public dissemination. For the text of the decision, see chapter II, section B, decision 1996/121.

V. REVIEW OF FURTHER DEVELOPMENTS IN FIELDS WITH WHICH THE SUB-COMMISSION HAS BEEN CONCERNED

51. The Sub-Commission considered item 4 at its 15th to 18th, 20th, 34th and 35th meetings on 15, 16, 19, 20 and 29 August 1996.

52. For the documents issued under this item, see annex VI to the present report.

53. At its 15th meeting, on 15 August 1996, the Special Rapporteur on traditional practices affecting the health of women and children, Ms. Halima Embarek Warzazi, presented her final report (E/CN.4/Sub.2/1996/6).

54. At its 17th meeting, on 16 August 1996, Mr. Osman El-Hajjé introduced his working paper on democracy and the establishment of a democratic society (E/CN.4/Sub.2/1996/7).

55. In the general debate on item 4, statements 1/ were made by the following members of the Sub-Commission: Mr. Ali Khan (17th, 18th), Mr. Alfonso Martínez (16th, 18th), Mr. Bengoa (16th), Mr. Boutkevitch (16th), Mr. Chernichenko (18th), Ms. Daes (18th), Mr. El-Hajjé (17th, 18th), Mr. Guissé (18th), Ms. Gwanmesia (18th), Mr. Joinet (15th), Mr. Khalifa (17th, 18th), Mr. Lindgren Alves (18th), Mr. Maxim (18th), Ms. Mbonu (17th), Ms. Palley (18th), Mr. Weissbrodt (17th), Mr. Yimer (15th) and Mr. Yokota (17th).

56. Statements were made by the observers for Peru (17th, 18th) and for the Joint United Nations Programme on HIV/AIDS (UNAIDS) (18th).

57. Statements were also made by the following non-governmental organizations: African Commission of Health and Human Rights Promoters (18th), Inter-African Committee on Traditional Practices Affecting the Health of Women and Children (15th), Movement against Racism and for Friendship among Peoples (20th), Pax Christi International (20th), World Federalist Movement (18th).

58. At its 17th meeting, on 16 August 1996, the Chairman read out the following statement on the situation of human rights in Cyprus on behalf of the Sub-Commission:

"1. The Sub-Commission on Prevention of Discrimination and Protection of Minorities deplores the violent clashes that took place in Cyprus during a demonstration on 11 April 1996 and a peaceful demonstration on 14 August 1996.

"2. The Sub-Commission regrets very much the death of two unarmed Greek Cypriot young men and the injuring of many other persons, including United Nations peace-keepers, as a result of the Turkish forces allowing armed Turkish Cypriot civilians to pass through the United Nations buffer zone where they clashed with the demonstrators.

"3. The Sub-Commission regrets the non-implementation of its resolutions on Cyprus, relating to the return of refugees and displaced persons to their homes in safety and the full restoration of human rights."

Human rights and HIV/AIDS

59. At its 34th and 35th meetings, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.21, sponsored by Mr. Bossuyt, Ms. Daes, Mr. El-Hajjé, Mr. Hatano, Mr. Joinet and Mr. Lindgren Alves. Mr. Bengoa, Mr. Fix Zamudio and Ms. McDougall subsequently joined the sponsors.

60. Mr. El-Hajjé orally proposed to revise operative paragraph 3 by deleting, at the end of the paragraph the words "in particular with respect to women, children, indigenous peoples, minorities, refugees, migrants, sex workers, men who are homosexual, injecting drug users and prisoners".

61. In this connection, Mr. Joinet proposed to replace the deleted words at the end of operative paragraph 3 by the phrase "des personnes subissant des conditions economiques, sociales et juridiques défavorables". The proposal was subsequently withdrawn.

62. Mr. Joinet also proposed to replace, in the fourth preambular paragraph the words "que les femmes, les enfants, les peuples autochtones, les minorités, les refugiés, les migrants, les personnes qui se livrent au commerce du sexe, les hommes qui sont homosexuels, les utilisateurs de drogues" by "que, d'une part, les femmes, les enfants, les peuples autochtones, les minorités, les refugiés, les migrants, les personnes qui se livrent au commerce du sexe, d'autre part, les hommes qui sont homosexuels, ainsi que par ailleurs les utilisateurs de drogues". He also proposed the deletion of the words "ne jouissent pas pleinement de leurs droits fondamentaux" in the fourth preambular paragraph after the words "parce qu'elles".

63. Ms. McDougall proposed to amend operative paragraph 3 by replacing the words "women, children, indigenous peoples, minorities, refugees, migrants, sex workers, men who are homosexual, injecting drug users and prisoners;" by "persons suffering from disadvantaged socio-economic or legal status;".

64. Mr. Lindgren Alves proposed to revise the fourth preambular paragraph to read as follows: "Recognizing that groups such as women, children, indigenous peoples, minorities, refugees and migrants, on the one hand, homosexuals, on the other hand, as well as sex workers, injecting drug users and prisoners are more vulnerable to the risk of HIV infection".

65. Statements in connection with the proposed revisions and amendments were made by Mr. Ali Khan, Mr. Bengoa, Mr. Chernichenko, Ms. Daes, Mr. El-Hajjé, Mr. Guissé, Ms. Gwanmesia, Mr. Hatano, Ms. Mbonu and Ms. Warzazi.

66. Ms. McDougall proposed to revise the fourth preambular paragraph to read as follows: "Recognizing that women, children, indigenous peoples, minorities and such groups as refugees, migrants on the one hand, and on the other hand homosexuals, sex workers, injecting drug users and prisoners are more vulnerable to the risk of HIV infection because they have limited or no access to education, health care and social services, and that they suffer disproportionately from the economic and social consequences of the HIV/AIDS epidemic,". In connection with this revision, Ms. Warzazi proposed to replace the word "because" by "when".

67. Mr. Ali Khan, Mr. Bengoa, Mr. El-Hajjé, Ms. Gwanmesia, Mr. Joinet and Mr. Lindgren Alves made statements in connection with the above proposals. Mr. El-Hajjé subsequently withdrew as sponsor.

68. Mr. Lindgren Alves then requested a roll-call vote on the draft resolution, as originally submitted. At the request of Ms. Warzazi, a separate vote by show of hands was taken in connection with the phrase "lack of full enjoyment of their fundamental rights and to" in the fourth preambular paragraph. The Sub-Commission decided to delete that phrase by 11 votes to 4, with 6 abstentions.

69. The draft resolution, as amended, was adopted, by roll-call vote, by 13 votes to 2, with 6 abstentions, as follows:

In favour: Mr. Alfonso Martínez, Mr. Bengoa, Mr. Bossuyt, Ms. Daes, Mr. Diaz Uribe, Mr. Fix Zamudio, Mr. Hatano, Mr. Joinet, Mr. Lindgren Alves, Mr. Maxim, Ms. Palley, Mr. Weissbrodt and Mr. Yimer.

Against: Mr. Guissé, Ms. Gwanmesia.

Abstaining: Mr. Ali Khan, Mr. Fan Guoxiang, Mr. Khalifa, Mr. Mehedi, Mr. Park, Ms. Warzazi.

70. For the text of the resolution, see chapter II, section A, resolution 1996/33.

Recognition of gross and massive violations of human rights as an international crime

71. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft decision E/CN.4/Sub.2/1996/L.36, sponsored by Mr. Ali Khan, Mr. Bengoa, Mr. Boutkevitch, Ms. Daes, Mr. Diaz Uribe, Mr. El-Hajjé, Mr. Fix Zamudio, Mr. Guissé, Ms. Gwanmesia, Mr. Hatano, Mr. Khalifa, Mr. Lindgren Alves, Mr. Maxim, Mr. Mehedi, Mr. Park, Ms. Warzazi, Mr. Weissbrodt and Mr. Yimer.

72. The decision was adopted without a vote. For the text of the decision see chapter II, section B, decision 1996/116.

Traditional practices affecting the health of women and children

73. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.38, sponsored by Mr. Alfonso Martínez,

Mr. Ali Khan, Mr. Bengoa, Mr. Bossuyt, Mr. Boutkevitch, Mr. Chernichenko, Ms. Daes, Mr. Diaz Uribe, Mr. El-Hajjé, Mr. Fan Guoxiang, Mr. Fix Zamudio, Ms. Gwanmesia, Mr. Guissé, Mr. Joinet, Mr. Khalil, Mr. Lindgren Alves, Mr. Maxim, Ms. Mbonu, Ms. McDougall, Mr. Mehedi, Ms. Palley, Mr. Park, Ms. Warzazi, Mr. Yimer and Mr. Yokota.

74. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/19.

Human rights and terrorism

75. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.40, sponsored by Mr. Chernichenko, Ms. Daes and Mr. El-Hajjé. Mr. Boutkevitch, Ms. Gwanmesia, Mr. Ibarra, Mr. Lindgren Alves, Mr. Maxim, Mr. Mehedi and Ms. Palley subsequently joined the sponsors.

76. Ms. Warzazi proposed to amend the draft resolution by deleting operative paragraph 3.

77. Mr. Joinet proposed to insert, in operative paragraph 3, after the word "rédiger", the phrase "en conformité avec le principe 2 de la résolution 1992/8 de la Sous-commission sur ses méthodes de travail". The amendment was accepted by the sponsors.

78. Mr. Mehedi proposed to:

(a) Replace, in the seventh preambular paragraph, the word "massacrés" with the word "égorgés" or "mutilés", and to replace the word "circonstance" with the word "raison";

(b) Replace, in operative paragraph 1, the words "et la securité" by "la paix et la securité internationale". The sponsors agreed to drop the word "massacrés" and to accept the other amendments made by Mr. Mehedi.

79. In connection with operative paragraph 1, Ms. Warzazi proposed to replace, after the word "terrorism", the words "as human rights violations aimed at the destruction" by the phrase "regardless of their motivation, in all its forms and manifestations, wherever and by whomever committed, as acts of annihilation", in accordance with operative paragraph 1 of Commission on Human Rights resolution 1995/43. The amendment was accepted by the sponsors.

80. Ms. Warzazi also agreed to retain operative paragraph 3 with the deletion of the phrase "conformément à la résolution 1995/43 de la Commission des droits de l'homme" after the word "Décide". The proposal was accepted by the sponsors.

81. Statements in connection with the draft resolution and proposed amendments and revisions, were made by Mr. Chernichenko, Ms. Daes, Mr. El-Hajjé, Mr. Guissé, Mr. Joinet, Mr. Lindgren Alves, Mr. Mehedi and Ms. Warzazi.

82. The draft resolution, as amended, was adopted without a vote. For the text of the resolution see chapter II, section A, resolution 1996/20.

Democratic society

83. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.43, sponsored by Mr. Ali Khan, Mr. Bengoa, Mr. Boutkevitch, Mr. Chernichenko, Ms. Daes, Mr. Diaz Uribe, Mr. Fix Zamudio, Mr. Guissé, Ms. Gwanmesia, Mr. Hatano, Mr. Khalil, Mr. Maxim and Mr. Mehedi, which read as follows:

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

"Bearing in mind the fulfilment of its mandate as defined in various resolutions of the Economic and Social Council and of the Commission on Human Rights,

"Pursuing the objectives set forth in the Charter of the United Nations, namely to establish conditions under which justice and equal rights for men and women can be maintained, and to promote social progress and better standards of life in larger freedom,

"Bearing in mind the indissoluble links between the principles enunciated in the Universal Declaration of Human Rights and the foundations of any democratic society,

"Aware that implementation of the principles of the Universal Declaration of Human Rights, such as the principles of human dignity, freedom of opinion, freedom of association and freedom of expression and the right of participation, takes place through the establishment of a democratic society,

"Bearing in mind that the Vienna Declaration and Programme of Action (A/CONF.157/23), adopted on 25 June 1993 by the World Conference on Human Rights, state in part I, paragraph 8, that democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing,

"Taking account of the World Plan of Action on Education for Human Rights and Democracy, adopted by the International Congress on Education for Human Rights and Democracy held at Montreal from 8 to 11 March 1993,

"Taking account also of General Assembly resolution 49/30 of 7 December 1994 entitled 'Support by the United Nations system for the efforts of Governments to approach and consolidate new or restored democracies' and recognizing the importance of the Managua Declaration and Plan of Action adopted by the Second International Conference of New or Restored Democracies held in Managua from 4 to 6 July 1994,

"Considering that democracy best serves to facilitate individual and collective expression of freedom of opinion,

"Reaffirming that in a democracy the widest participation in the democratic dialogue by all sectors and actors of society must be promoted in order to come to agreements on appropriate solutions to the social, economic and cultural problems of society,

"Taking account of the fact that freedom of opinion and expression is reflected in a democratic society through an electoral system which allows all tendencies, interests and feelings to obtain representation at the level of the executive and legislative power and, therefore, at all levels of power,

"Fully aware that the creation of conditions for a democratic society is essential for the prevention of discrimination and the protection of minorities,

"Taking account of Commission on Human Rights resolution 1995/60 of 7 March 1995, in which the Commission recommended that the Sub-Commission should discuss at its next session ways and means of overcoming obstacles to the consolidation of democratic societies, taking into account the relation between democracy, development and human rights,

"Having considered the subject of democratic society at its forty-eighth session,

"Having taken into consideration the working paper E/CN.4/Sub.2/1996/7 presented by Mr. Osman El-Hajjé, in conformity with its decision 1995/116 of 24 August 1995,

"Recommends that the Commission on Human Rights should appoint Mr. Osman El-Hajjé as Special Rapporteur of the Sub-Commission to identify and list obstacles to democracy, classify them by category of rights and propose solutions for their elimination, and that he should submit a preliminary report on the subject to the Sub-Commission at its forty-ninth session in 1997;

"Recommends that the Commission on Human Rights should adopt the following draft resolution:

'The Commission on Human Rights, taking into consideration resolution 1996/... of ... August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, approves the recommendation that it should appoint Mr. Osman El-Hajjé as Special Rapporteur to identify, inter alia a list of obstacles to democracy, classify them by category of rights and propose solutions for their elimination, and that he should submit a preliminary report on the subject to the Sub-Commission at its forty-ninth session in 1997, and requests the Secretary-General to provide the Special Rapporteur with the assistance he needs to perform his task.'"

84. At the proposal of the Chairman, and in accordance with its decision 1996/113 of 29 August 1996, the Sub-Commission decided to replace the draft resolution with a draft decision.

85. Statements in this connection were made by Mr. Alfonso Martínez and Mr. Weissbrodt.

86. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 1996/117.

Hostage-taking

87. At its 35th meeting, on 29 August 1996, the Chairman read out the following declaration on behalf of the Sub-Commission:

"The Sub-Commission on Prevention of Discrimination and Protection of Minorities, considering the declaration of the Sub-Commission at its forty-seventh session relating to the kidnapping and murder of hostages, reiterates its strongest condemnation of these practices, and emphasizes that hostage-taking of any sort constitutes not only a heinous crime but also, in situations of armed conflict, a violation of the applicable humanitarian standards.

"The Sub-Commission again urges all organizations that use such barbaric methods for political gain to cease immediately this vile practice and unconditionally set free all the persons they are holding."

VI. ELIMINATION OF RACIAL DISCRIMINATION: (a) MEASURES TO COMBAT RACISM AND RACIAL DISCRIMINATION AND THE ROLE OF THE SUB-COMMISSION

88. The Sub-Commission considered item 5 together with items 17, 18 and 20 (see chap. XVIII, XIX, XXI) at its 8th to 12th and 27th and 35th meetings, on 12 to 14 and on 23 and 29 August 1996.

89. For the list of documents issued under item 5, see annex VI to the present report.

90. In the general debate on the item, statements 1/ were made by the following members of the Sub-Commission: Mr. Boutkevitch (8th), Mr. Chernichenko (10th), Mr. Guissé (10th), Mr. Khalifa (10th), Mr. Lindgren Alves (10th), Ms. McDougall (11th), Mr. Mehedi (8th), Ms. Palley (10th).

91. Statements were made by the observers for: Cuba (9th), Iran (Islamic Republic of) (9th), Poland (11th), Romania (9th), Turkey (11th).

92. The Sub-Commission also heard statements by representatives of the following non-governmental organizations: American Association of Jurists (11th), Centre Europe-Tiers Monde (11th), International Association against Torture (11th), International Association of Educators for World Peace (9th, 10th), International Association of Jewish Lawyers and Jurists (9th), International Council of Jewish Women (8th), International Institute for Non-Aligned Studies (9th), International Institute for Peace (9th), International Movement against All Forms of Discrimination and Racism (8th), International Progress Organization (9th), International Work Group on Indigenous Affairs (8th), Movement against Racism and for Friendship among Peoples (9th), Society for Threatened Peoples (8th), Survival International (9th), Transnational Radical Party (8th).

Joint meeting of the Bureau of the Committee on the Elimination of Racial Discrimination and of the Bureau of the Sub-Commission

93. On 15 August 1996, the Bureau of the Committee on the Elimination of Racial Discrimination and the Bureau of the Sub-Commission held a joint meeting.

94. At its 26th meeting, on 23 August 1996, the Sub-Commission agreed that a working paper on article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination would be undertaken by two representatives of the Sub-Commission and two representatives of the Committee on the Elimination of Racial Discrimination.

95. At its 35th meeting, on 29 August 1996, the Sub-Commission adopted, without a vote, a draft decision on the matter. For the text of the decision, see chapter II, section B, decision 1996/120; see also chapter IV, paragraphs 48 and 49.

Racism and racial discrimination

96. At its 27th meeting, on 23 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.22, sponsored by Mr. Alfonso Martínez, Mr. Ali Khan, Mr. Bengoa, Mr. Bossuyt, Ms. Daes, Mr. El-Hajjé, Mr. Fan Guoxiang, Mr. Fix Zamudio, Mr. Guissé, Ms. Gwanmesia, Mr. Hatano, Mr. Khalifa, Mr. Lindgren Alves, Mr. Maxim, Ms. Mbonu, Mr. Mehedi, Ms. Palley, Mr. Park, Ms. Warzazi, Mr. Weissbrodt and Mr. Yimer.

97. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 1996/8.

VII. Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII)

98. The Sub-Commission considered item 6 at its 2nd to 5th, 7th, 8th and 19th to 22nd meetings on 6 to 9, 12, 19 and 20 August 1996.

99. For the list of documents issued under item 6, see annex IV to the present report.

100. In the general debate on the item, statements 1/ were made by the following members of the Sub-Commission: Ms. Attah (5th), Mr. Bengoa (2nd), Mr. Bossuyt (3rd), Mr. Boutkevitch (7th), Mr. Chernichenko (8th), Ms. Daes (7th), Mr. El-Hajjé (7th), Mr. Fan Guoxiang (4th), Mr. Guissé (4th), Mr. Ibarra (5th), Mr. Joinet (7th), Mr. Khalifa (4th), Mr. Lingdren Alves (7th), Ms. Palley (8th), Ms. Warzazi (5th).

101. The Sub-Commission also heard statements by representatives of the following non-governmental organizations: African Association of Education for Development (5th), African Commission of Health and Human Rights Promoters (5th), Afro-Asian People's Solidarity Organization (5th), American Association of Jurists (7th), Arab Lawyers Union (7th), Arab Organization for Human Rights (4th), Baha'i International Community (2nd), Centre Europe - Tiers Monde (4th), Christian Solidarity International (5th), France Libertés: Fondation Danielle Mitterrand (5th), International Association of Democratic Lawyers (4th), International Association of Educators for World Peace (5th), International Commission of Jurists (2nd), International Educational Development, Inc. (4th), International Falcon Movement-Socialist Educational International (7th), International Federation for the Protection of Ethnic, Religious, Linguistic and other Minorities (2nd), International Federation of Action by Christians for the Abolition of Torture (4th), International Federation of Human Rights Leagues (4th), International Human Rights Association of American Minorities (4th), International Indian Treaty Council (4th), International Institute for Non-Aligned Studies (5th), International Institute for Peace (5th), International League for the Rights and Liberation of Peoples (4th), International Movement against All Forms of Discrimination and Racism (3rd), International Peace Bureau (7th), International Progress Organization (7th), International Service for Human Rights (2nd), International Work Group for Indigenous Affairs (2nd, 4th), Inter-Parliamentary Union (7th), Latin American Federation of Associations of Relatives of Disappeared Detainees (5th), Liberation (2nd), Movement against Racism and for Friendship Among Peoples (4th), Pax Christi International (2nd), Pax Romana (3rd), Society for Threatened Peoples (2nd), Survival International (4th), Transnational Radical Party (5th), War Resisters International (7th), World Christian Life Community (7th), World Federation of Democratic Youth (4th), World Muslim Congress (2nd), and World Organization against Torture (2nd).

102. The Sub-Commission heard statements by the observers for Albania (8th), China (7th), Colombia (7th), Cyprus (3rd), Egypt (3rd), Indonesia (8th), Iran (Islamic Republic of) (8th), Iraq (3rd), Israel (8th), Mexico (8th), Pakistan (8th), Portugal (7th), Sri Lanka (4th), the Syrian Arab Republic (3rd), Tunisia (7th), and Turkey (4th).

103. The Sub-Commission also heard a statement by the observer for Palestine (7th). Statements equivalent to a right of reply were made by the observers for Algeria (3rd), Cyprus (8th), Iraq (8th), Mexico (3rd), Morocco (5th), Nigeria (8th), the Sudan (8th), the Syrian Arab Republic (8th) and Turkey (8th).

Voting on proposals under agenda item 6

104. At its 19th meeting, on 19 August 1996, statements in connection with the voting procedures under item 6 were made by Mr. Alfonso Martínez, Mr. Chernichenko and Mr. Joinet.

105. At the same meeting, Mr. Bossuyt proposed that a decision be taken by the Sub-Commission concerning voting by secret ballot on proposals pertaining to allegations of violations of human rights in countries. Mr. Alfonso Martínez made a statement relating to the proposal.

106. The decision, as orally proposed by Mr. Bossuyt, was adopted without a vote. For the text of the decision, see chapter II, section B, decision 1996/105.

Situation in the Middle East

107. At its 19th meeting, on 19 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.2, sponsored by Mr. Ali Khan, Mr. Bossuyt, Ms. Daes, Mr. Fix Zamudio, Mr. Maxim, Ms. Palley, Mr. Park, Mr. Weissbrodt and Mr. Yokota. Mr. El-Hajjé and Mr. Mehedi subsequently joined the sponsors.

108. Mr. Weissbrodt orally revised the draft resolution by deleting, at the end of operative paragraph 5, the phrase "on issues including Jerusalem, refugees, settlements, security arrangements, borders, relation and cooperation with other neighbours, and other issues of common interest;"..

109. The draft resolution, as revised, was adopted without a vote. Statements after the vote were made by Mr. Alfonso Martínez, Mr. Guissé and Mr. Khalil.

110. For the text of the resolution see chapter II, section A, resolution 1996/1.

Situation in the Palestinian and other Arab territories occupied by Israel

111. At its 19th meeting, on 19 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.3, sponsored by Mr. Alfonso Martínez, Mr. El Hajjé, Mr. Guissé and Mr. Mehedi.

112. Mr. Weissbrodt orally proposed to amend the draft resolution as follows:

(a) Insert a new eighth preambular paragraph to read:

"concerned at emerging human rights violations of Palestinians living in the territories administered by the Palestinian Authority.";

(b) Insert a new operative paragraph 11 to read:

"11. Calls upon the Palestinian Authority:

"(a) To comply with all current international norms in the field of human rights, particularly relating to (i) freedom of expression, (ii) treatment of detainees, and (iii) administration of justice;

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

"(c) To continue its cooperation with the advisory services offered by the Centre for Human Rights with a view to fostering human rights institutions."

113. Statements in connection with the draft resolution and amendment were made by Mr. Alfonso Martínez, Mr. El-Hajjé, Mr. Guissé and Mr. Joinet.

114. Mr. Weissbrodt proposed to revise his amendment by replacing, in the new eighth preambular paragraph, the words "emerging human rights" by the words "reports of human rights".

115. At the proposal of Mr. El-Hajjé, Mr. Guissé, Mr. Joinet and Ms. Warzazi, consideration of the draft resolution was postponed.

116. At the 20th meeting, on 20 August 1996, the Sub-Commission resumed consideration of the draft resolution. Mr. El-Hajjé announced that agreement had been reached to replace all the amendments proposed by Mr. Weissbrodt with one new operative paragraph 10 and to renumber the subsequent paragraphs accordingly. In this connection, statements were made by Mr. Alfonso Martínez, Mr. El-Hajjé, Mr. Guissé, Mr. Khalil and Mr. Weissbrodt.

117. The observer for the Syrian Arab Republic made a statement.

118. At the request of Mr. Weissbrodt, a vote was taken by secret ballot. The resolution, as amended and revised, was adopted by 15 votes to 4, with 5 abstentions. For the text of the resolution, see chapter II, section A, resolution 1996/6.

119. The observer for Israel made a statement. Statements were also made by Mr. Alfonso Martínez, Mr. Ali Khan, Ms. Gwanmesia, Mr. Joinet, Ms. Palley and Ms. Warzazi.

Situation of human rights in Kosovo

120. At its 19th meeting, on 19 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.4, sponsored by Mr. Bossuyt, Mr. El-Hajjé, Mr. Guissé, Mr. Joinet, Mr. Mehedi and Mr. Weissbrodt.

121. Mr. El-Hajjé orally revised the draft resolution as follows:

(a) In the fourth preambular paragraph, delete subparagraph (e) which read: "Que de toute évidence, la situation au Kosovo s'est déteriorée au cours des derniers mois, ce qui constitute une menace pour la paix dans la région";

(b) In operative paragraph 6, replace the phrase "Engage les organes de l'ONU compétents à ne pas" by "Demande aux Etats Membres de l'ONU de";

122. Mr. Weissbrodt further revised the draft resolution by adding at the end of operative paragraph 2 (a) the phrase "and to apply all other legislation without discrimination;" and by deleting operative paragraph 6.

123. Ms. Warzazi orally amended the draft resolution by replacing, in operative paragraph 2 (a) of the French version, the word "rapporter" by "abroger".

124. Statements in connection with the above revisions and amendments were made by Mr. Bossuyt, Mr. Chernichenko and Mr. Guissé.

125. At the request of Mr. Alfonso Martínez, a vote by secret ballot was taken. The draft resolution, as revised and amended, was adopted by 15 votes to 4, with 5 abstentions. For the text of the resolution, see chapter II, section A, resolution 1996/2.

Country review methods

126. At its 19th meeting, on 19 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.5, sponsored by Mr. Bengoa, Mr. Bossuyt, Mr. Boutkevitch, Ms. Daes, Ms. Palley and Mr. Weissbrodt, which read as follows:

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

"Mindful of Commission on Human Rights resolution 8 (XXIII) of 16 March 1967 in which the Commission decided to give annual consideration to the item entitled 'Question of violations of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories', requested the Sub-Commission on Prevention of Discrimination and Protection of Minorities to prepare, for the use of the Commission in its examination of the question of violations of human rights and fundamental freedoms, a report containing information on violations of human rights and fundamental freedoms from all available sources, and invited the Sub-Commission to bring to the attention of the Commission any situation which it had reasonable cause to believe revealed a consistent pattern of violations of human rights and fundamental freedoms in any country,

"Mindful also of Economic and Social Council resolution 1235 (XLII) of 6 June 1967 in which it welcomed the decision of the Commission on Human Rights to give annual consideration to the item entitled "Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories" and authorized the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in conformity with the provisions of paragraph 1 of the Commission's resolution 8 (XXIII), to examine information relevant to gross violations of human rights and fundamental freedoms,

"Recalling its resolution 1992/8 of 26 August 1992, in which it decided to annex the document entitled "Guidelines which the Sub-Commission adopted at its forty-fourth session concerning its methods of work, pursuant to paragraphs 6 and 7 of Commission on Human Rights resolution 1992/66 which stipulated that the Secretariat should provide comparative tables showing the number of resolutions and decisions submitted by the Sub-Commission to the Commission on Human Rights and the Economic and Social Council to promote self-discipline to reduce the number of resolutions and decisions,

"Recalling also its decision 1995/115 of 24 August 1995, in which it decided to consider at its forty-eighth session how best to carry out its mandate in examining item 6 of its agenda concerning violations of human rights and fundamental freedoms, while taking into account all reliable sources, including the information contained in the reports of special rapporteurs and chairmen-rapporteurs of working groups of the Commission on Human Rights, and requested the Secretariat to make those reports available to the experts who requested them,

"Recalling further Commission on Human Rights resolution 1996/25 of 19 April 1996 in which the Commission reaffirmed that one of the tasks of the Sub-Commission was to undertake a thorough examination of information concerning alleged human rights violations, in accordance with its mandate, as well as the presentation of the results of the examination to the Commission, and invited the Sub-Commission to continue to give due regard to new developments in the field of human rights,

"Having considered the annual reports of the Commission's thematic special rapporteurs, special representatives and working groups,

"1. Requests the Secretariat to continue to make available annually the thematic reports submitted to the Commission on Human Rights, for review by the Sub-Commission;

"2. Decides to request its Chairman to appoint, from among its members, two special rapporteurs to submit, at the forty-ninth session, a brief written and/or tabular report pursuant to Economic and Social Council resolution 1235 (XLII) on the countries which are featured in the thematic reports and other relevant materials, for use by the Sub-Commission and the Commission on Human Rights;

"3. Requests the two special rapporteurs, in preparing their report, to consider such factors as:

"(a) The extent to which each country is discussed or is of concern in the thematic reports;

"(b) The types and number of communications to and from each country;

"(c) The degree of cooperation received from each Government;

"(d) The actions taken by the thematic rapporteur or working group;

"(e) The country-specific observations and conclusions presented in the thematic reports of the Commission;

"(f) Whether there has been an increase or decrease in the severity of the situations in each country as indicated in the thematic reports of the Commission over the three years 1997, 1996 and 1995;

"4. Decides for the purposes of its forty-ninth session to take appropriate action on particular countries only if those countries are not already on the agenda of the Commission on Human Rights;

"5. Requests the Secretary-General to provide the two special rapporteurs with all necessary assistance for the accomplishment of their mandate;

"6. Decides to determine at its forty-ninth session how best to utilize the thematic reports and other relevant materials and the report of the two special rapporteurs so as to undertake a thorough examination of information concerning alleged human rights violations and to give due regard to new developments in the field of human rights under the agenda item on the question of the violation of human rights and fundamental freedoms;

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

'The Commission on Human Rights, recalling its resolution 8 (XXIII) of 16 March 1967 and resolution 1992/8 of 26 August 1995 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities and taking note of Sub-Commission resolution 1996/... of ... August 1996, endorses the decision of the Sub-Commission to request its Chairman to appoint, from among its members, two special rapporteurs to submit, to the forty-ninth session of the Sub-Commission, a brief written and/or tabular report on the countries which are featured in the thematic reports over the three years 1997, 1996 and 1995, together with other relevant materials. The Commission recommends the following draft decision to the Economic and Social Council for adoption:

"The Economic and Social Council, recalling its resolution 1235 (XLII) of 6 June 1967 and Commission on Human Rights resolution 8 (XXIII) of 16 March 1967 and taking note of Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1996/... of ... August 1996, approves the endorsement by the Commission of the request of the Sub-Commission to its Chairman to appoint, from among its members, two special rapporteurs to submit to the forty-ninth session of the Sub-Commission, a brief written and/or tabular report on the countries which are featured in the thematic reports over the three years 1997, 1996 and 1995, together with other relevant materials."'"

127. Mr. Bossuyt proposed to postpone consideration of the draft resolution. In this connection, statements were made by Mr. Alfonso Martínez, Mr. Chernichenko, Mr. Fan Guoxiang, Mr. Guissé, Mr. Khalifa, Mr. Lindgren Alves, Ms. Mbonu and Mr. Yimer.

128. Mr. Bossuyt, on behalf of the sponsors, withdrew the draft resolution.

Situation of human rights in Rwanda

129. At its 19th meeting, on 19 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.6, sponsored by Mr. Bengoa, Mr. Bossuyt, Ms. Daes, Mr. El-Hajjé, Mr. Guissé, Ms. Gwanmesia, Mr. Joinet, Mr. Weissbrodt and Mr. Yimer.

130. Mr. Bossuyt orally revised the draft resolution by adding, in operative paragraph 8, the word "volontaire".

131. Ms. Warwazi made a statement in connection with the draft resolution.

132. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 1996/3.

Situation of human rights in Burundi

133. At its 19th meeting, on 19 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.7, sponsored by Mr. Bengoa, Mr. Bossuyt, Ms. Daes and Mr. Joinet.

134. Mr. Bossuyt orally revised the draft resolution as follows:

(a) In the eighth preambular paragraph, delete after the words "la vie publique burundaise," the words "qui avait mené aux premières élections libres tenues en 1993,";

(b) In operative paragraph 1, replace the phrase "Prend note de la transmission, au Conseil de sécurité," to "Accueille favorablement la publication autorisée par le Conseil de sécurité";

(c) In operative paragraph 2, replace the phrase "Estime que la publication sans délai de ce rapport doit permettre d'écarter" by "Espère que la publication de ce rapport conduira à écarter".

135. At the suggestion of Ms. Warzazi, Mr. Bossuyt, on behalf of the sponsors, agreed to delete the sixth preambular paragraph and to replace, in operative paragraph 5, the phrase "S'inquiète des sanctions économiques frappant le Burundi, qui risquent de compromettre" by "Formule l'espoir que les sanctions économiques frappant le Burundi ne compromettront pas".

136. Mr. Guissé and Mr. Yimer made statements in connection with the draft resolution.

137. The draft resolution, as revised and amended, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 1996/4.

Situation of human rights in Iraq

138. At its 19th meeting, on 19 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.8, sponsored by Mr. Bossuyt, Ms. Palley and Mr. Weissbrodt.

139. A statement was made by the observer for Iraq. Ms. Warzazi also made a statement.

140. At the request of Mr. Alfonso Martínez, a vote by secret ballot was taken. The resolution was adopted by 11 votes to 6, with 7 abstentions. For the text of the resolution, see chapter II, section A, resolution 1996/5.

Situation of human rights in the Islamic Republic of Iran

141. At its 19th meeting, on 19 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.9/Rev.1 sponsored by Mr. Bengoa, Mr. Bossuyt, Ms. Palley and Mr. Weissbrodt.

142. A statement relating to the draft resolution was made by Ms. Mbonu.

143. Mr. Joinet orally amended the text by replacing, in the sixth preambular paragraph, the word "allegations" by "reports", and by deleting, in operative paragraph 1, the word "alleged" before "violations of human rights". The amendments were accepted by the sponsors. Ms. Palley subsequently withdrew as sponsor.

144. Mr. Weissbrodt also revised the text by replacing, in the seventh preambular paragraph, the word "murders" by "killings".

145. Statements were made by Mr. Alfonso Martínez Mr. Joinet and Mr. Lindgren Alves. The observer for the Islamic Republic of Iran also made a statement.

146. At the proposal of the Chairman, consideration of the draft resolution was postponed.

147. At its 21st meeting, on 20 August 1996, the Sub-Commission resumed consideration of the draft resolution. Mr. Bossuyt orally revised the draft resolution as follows:

(a) Insert a new fifth preambular paragraph reading: "Expressing the hope that the atmosphere for change mentioned by the Special Representative during his last visit to the Islamic Republic of Iran will result in marked relevant improvements in the situation of human rights in the country by the time of his next scheduled visit;"

(b) Replace, in the sixth preambular paragraph, the word "allegations" by "reports", as proposed by Mr. Joinet at the 19th meeting;

(c) Replace, in the seventh preambular paragraph of the English text, the word "murders" by "killings", as proposed by Mr. Weissbrodt at the 19th meeting;

(d) Maintain the text of operative paragraph 1 unchanged;

(e) Insert a new operative paragraph 7, reading "Encourages the Government of the Islamic Republic of Iran to pursue its cooperation with the special procedures of the Commission on Human Rights and especially with the Special Representative of the Commission on the human rights situation in the Islamic Republic of Iran;". Ms. Palley subsequently joined the sponsors.

148. In connection with these revisions, Ms. Warzazi proposed that the new fifth preambular paragraph become new operative paragraph 5 and that the subsequent paragraphs be renumbered accordingly.

149. Statements relating to the revised draft resolution were made by Mr. Alfonso Martínez, Mr. Bengoa and Mr. Chernichenko. The observer for the Islamic Republic of Iran also made a statement.

150. At the request of Mr. Alfonso Martínez, a vote was taken by secret ballot. The resolution, as revised and amended, was adopted by 12 votes to 6, with 6 abstentions. For the text of the resolution, see chapter II, section A, resolution 1996/7.

Monitoring the transition to peace in Guatemala

151. At its 20th meeting, on 20 August 1996, the Chairman introduced a draft decision on monitoring the transition to peace in Guatemala.

152. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 1996/106.

153. In accordance with the decision adopted, the Chairman issued the following statement on the situation of human rights and progress of the peace process:

"Situation of human rights and progress of the peace process in Guatemala

"As recently decided, the Sub-Commission on Prevention of Discrimination and Protection of Minorities has authorized me to issue, under agenda item 6, a declaration on the situation of human rights in Guatemala and the progress of the peace process. The content of the text is the outcome of discussions between the Government of Guatemala and the Guatemalan opposition, in which the experts Miguel Alfonso Martínez, Alberto Diaz Uribe and Louis Joinet participated.

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

"Takes note with satisfaction of the general elections which were held on 12 November 1995, and particularly the participation, for the first time since 1954, of sectors which had been traditionally marginalized, and of the second round of elections of 7 January 1996 which led to the election of Mr. Alvaro Arzu as President of the Republic, strengthening the political system of the country, with the support of all political and social groups,

"Expresses the hope that, through the reform of the electoral law, an item pending in the negotiations between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), it will be possible to overcome the high levels of abstentions and the lack of participation by the population, a consequence, inter alia, of the inadequacies in the list of residents and limited access and transportation, particularly affecting the rural population, observed during the 1995 electoral process,

"Welcomes the formation of a multi-party Congress with qualitatively significant participation by indigenous representatives and human rights defenders, as well as the installation of many local governments which meet more fully the expectations of the population,

"Commends the measures of military and political détente unprecedented in the history of the internal armed confrontation, adopted by the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), particularly the suspension of offensive military operations and of the collection of the war tax by the URNG, as well as the order by the President to the army of Guatemala to cease counter-insurgency operations, thereby generating a climate conducive to the negotiating process towards peace and political pluralism,

"Takes note with great satisfaction that the repeated request to the Government of Guatemala made by the Sub-Commission and by national human rights organizations, both State and non-governmental, as well as by civil society, for the dismantling of the voluntary civil self-defence committees has received a favourable response and congratulates the Government of Guatemala on the implementation of the time-table for their dismantling and disarming as well as on the completed dismantling of those committees in Coltenango, Barranca and Xemal,

"Welcomes the signing by the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) of the Agreement on Socio-Economic Aspects and the Agrarian Situation, on 6 May 1996, which contains provisions for confronting the serious social and economic problems of the country,

"Expresses its satisfaction at the undertaking of the parties, indicated in the joint statement by the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), of 6 August 1996, to take up the items pending in the negotiations and to deal with them with the thoroughness and conscientiousness called for by the signing of the firm and lasting peace agreement as well as to continue the process in the course of 1996,

"Recognizes the importance of the work of the United Nations moderator, the Group of Friendly Countries and Civil-Society Assembly in the negotiating process towards peace,

"Expresses its satisfaction at the change brought about in human rights policy by the restructuring of the Presidential Commission for Coordinating Executive Policy in the Field of Human Rights (COPREDEH), designed especially to encourage activities to prevent future violations of human rights as well as to shed light on events and bring those responsible for violations of human rights to justice,

"Recognizes the effective contribution of 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) in the international monitoring of the Comprehensive Agreement on Human Rights and in the efforts to combat violations of human rights and impunity, also made by the independent expert for Guatemala of the Commission on Human Rights,

"Expresses its concern that the reports on the situation of human rights in Guatemala by the independent expert (E/CN.4/1996/15) of 5 December 1995, of MINUGUA (March and June 1996) and of the Office of the Human Rights Procurator continue to indicate that serious violations of human rights persist, despite the measures taken by the new Government of Guatemala, without implying that those violations are a consequence of the existence of a State policy of the current Government systematically to violate human rights,

"Also expresses its concern at the fact that, despite the presence and advice of MINUGUA and of the independent expert, as well as the declarations and actions of the Government in this regard, insufficient flexibility for making progress in the investigations and judicial proceedings, as well as the limitations of the judicial system in bringing to justice those materially and intellectually responsible for human rights violations, means that the problem of the impunity of such persons persists,

"Welcomes the ratification and deposit of ILO Convention No. 169, expresses the hope that, with the full implementation of that instrument and of the Agreement on the Identity and Rights of Indigenous Peoples, signed by the parties in March 1995, an end will be put to the marginalization and discrimination of which the indigenous peoples of Guatemala are victims,

"Expresses its concern at the situation of displaced people, at the difficult conditions facing returnees and refugees, most of them Mayan, who are furthermore affected by the constant increase in poverty, and recognizing at the same time that the initiatives of the Government of Guatemala with the creation and/or development of the funds of the social programmes and the implementation of the 1992 Agreement between the Government of Guatemala and the refugees have initiated an improvement in the situation of these peoples,

"Convinced that following the signing of a firm and lasting peace, with the implementation of the relevant agreements between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), a substantial improvement will be achieved in the civil, political, economic, social and cultural rights of all Guatemalans,

"Hoping that, upon completion of the agenda of negotiation, the agreement on a firm and lasting peace will shortly be signed, that all the agreements signed will be made fully effective and that the international community and the national groups will provide the economic resources essential to overcoming the deep crisis of the State and Guatemalan society,

"Expresses its firm support for the process of negotiations between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), and expresses its appreciation to the United Nations moderator, the Group of Friendly Countries and the Civil-Society Assembly for their efforts to bring about a firm and lasting peace,

"Expresses its satisfaction at the signing of the Agreement on Socio-economic Aspects and the Agrarian Situation, which contains commitments to overcome the country's grave social and economic crisis and seek the development of all Guatemalans, as well as at the progress achieved in the discussion of the agenda issues still pending, in particular with regard to the demilitarization of the State and society of Guatemala,

"Reiterates its appreciation and support for the independent expert appointed to report on the situation of human rights in Guatemala,

"Also reiterates its appreciation and support to MINUGUA for the work of verification of the Comprehensive Agreement on Human Rights and for the institution-building activities in the field of human rights that it has carried out in implementation of that agreement since its establishment,

"Expresses its deepest concern that, notwithstanding the entry into force of the Comprehensive Agreement on Human Rights as of March 1994 and the presence of MINUGUA in Guatemala since November 1994, as well as the measures taken by the new Government, grave violations of human rights continue, which affect the right to life, the right to integrity and security of person and the right to freedom, without implying that those violations are a consequence of a State policy of the current Government systematically to violate human rights,

"Recognizes the changes made in the Presidential Commission for Coordinating Executive Policy in the Field of Human Rights, and in the human rights policy of the Executive, as an important and positive step aimed at reinforcing implementation of the commitments made in the Comprehensive Agreement on Human Rights,

"Takes note of the measures adopted by the Government of Guatemala to guarantee that the justice system can act with proper independence and effectiveness, such as the reform and purging of the police and the strengthening of the Government Procurator's Office, and encouraging the Government to intensify its efforts in this respect, guaranteeing that the judicial system can afford proper protection for judges, investigators, witnesses and victims' relatives, to which the recent creation of a special police force for that purpose is contributing,

"Urges the Government of Guatemala to continue to facilitate the activities of human rights organizations, both official and non-governmental, and to contribute effectively to the historical elucidation of the violations of human rights and the acts of violence which have caused suffering to the Guatemalan population, being combined with armed confrontation, as well as providing compensation and/or assistance to the victims, in conformity with the peace agreements,

"Takes note with satisfaction of the measures adopted by the Government of Guatemala to improve the situation of human rights and the political climate, as well as the political will to combat impunity, in particular the decisions to suspend the army's counter-insurgency operations, submit the legislative initiative to modify the military courts, already approved by the Congress of the Republic, and initiate the relevant measures for the implementation of that law,

"Expresses its great satisfaction at the decision of the Government of Guatemala to demobilize and disarm the voluntary civil self-defence committees, a process that began on 9 August of this year and should be completed before 15 November 1996, and urges the relevant bodies to arrange for the registration of former patrol members and weapons, and the bringing to justice of those involved in serious violations of human rights,

"Takes note with satisfaction of the measures adopted by the Unidad Revolucionaria Nacional Guatemalteca (URNG) to cease offensive military actions and suspend the collection of the war tax and encourages it to continue to contribute to creating the climate most conducive to achieving peace,

"Requests the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), given that the State and society of Guatemala have suffered a broad and deep process of militarization, aggravated by armed internal confrontation, to define a new role for the Guatemalan army based on the pre-eminence of the civil power and the subordination of the military power to it,

"Requests the Government of Guatemala, in the light of the Agreement on Socio-economic Aspects of the Agrarian Situation, to ensure that its decisions in this respect improve the still difficult conditions of workers and peasants and give priority to increasing economic and social development programmes, in particular policies and programmes relating to indigenous peoples, with the full participation of representatives of those peoples, taking into account their proposals and criteria, in the light of the provisions of the Agreement on Identity and Rights of Indigenous Peoples and ILO Convention No. 169,

"Invites the State of Guatemala to adopt executive and legislative measures to promote the full exercise of the economic, social and cultural rights of all Guatemalans and particularly to apply policies to bring about an increase in employment, an increase in the standard of living of rural populations, social security and a qualitative and quantitative improvement in health, education and housing,

"Requests the Government of Guatemala and Unidad Revolucionaria Nacional Guatemalteca (URNG) to intensify their efforts to guarantee that all the provisions of the Comprehensive Agreement on Human Rights and the provisions on human rights contained in the Agreement on Identity and Rights of Indigenous Peoples are fully implemented, to act on the recommendations of MINUGUA and the independent expert and to consider giving immediate effect to the most urgent points contained in the other agreements,

"Calls on the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) to continue the process of negotiation in depth and rapidly with a view to concluding it to the satisfaction of the population in the current year; on the Secretary-General of the United Nations to provide his good offices and the necessary means to finalize this process; on the Group of Friendly Countries to continue to extend its firm support and provide for short-and medium-term needs; and on the Civil-Society Assembly to continue to participate in the process and, in agreement with the parties, to define its participation at the ultimate stage in the signing of the peace agreement,

"Requests the Secretary-General to propose for the consideration of the General Assembly the continuation of the present mandate and functions of MINUGUA, and submit to the relevant bodies the specific formula for providing additional international verification of compliance with all the other agreements and to ensure that necessary and sufficient financial resources can be made available,

"Requests the Commission of the European Union, the International Organization for Migration, the Organization of American States, the United Nations system and all possible donors to provide such economic and operational support as may be requested by the parties, the moderator of the negotiations and/or the international verification mechanism for all the agreements, so that the provisions contained in the agreement on a firm and lasting peace are fully implemented,

"Requests in particular the Centre for Human Rights to provide every possible support and advice in the field of human rights, giving special attention to strengthening the organizations concerned with the defence, protection and promotion of human rights, both official and non-governmental, and takes note of the negotiations currently under way between the Government of Guatemala and the Centre for Human Rights aimed at establishing a programme of national capacity-building in the field of human rights,

"Urges the international community to consider extending the economic and political support that will be needed by Guatemala in the phase of peace-building, including channels for direct support to indigenous communities, to enable them to overcome marginalization and long-standing discrimination, as well as to other vulnerable segments of the Guatemalan population."

154. In this connection, statements were made by the observer for Guatemala and by a representative of the Unidad Revolucionaria Nacional Guatemalteca (URNG). The following members also made statements: Mr. Alfonso Martínez, Mr. Chernichenko, Mr. El-Hajjé, Mr. Guissé, Ms. Gwanmesia, Mr. Joinet, Ms. Palley and Ms. Warzazi.

Situation of human rights in Turkey

155. At its 21st meeting, on 20 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.12, sponsored by Mr. Bengoa, Mr. Bossuyt and Ms. Daes, which read as follows:

"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 and the other relevant international instruments pertaining to human rights and international humanitarian law,

"Preoccupied by:

"(a) The information noting the persistence of many cases of extrajudicial execution, arbitrary detention, enforced disappearance and torture, attributable to the Turkish armed forces;

"(b) The death of 12 prisoners following a hunger strike undertaken in order to obtain better conditions in Turkish prisons;

"(c) The renewed outbreak of attacks on the freedom of opinion and expression, specifically by the banning of political parties, publications and newspapers, as well as by the assassination or the sentencing to terms of imprisonment of journalists, intellectuals and members of the Grand National Assembly, on the grounds of their political opinions;

"(d) The human rights violations committed in the context of the military operations conducted by the Turkish armed forces against Kurdish civilian populations of the south-east of Turkey, particularly by the large-scale destruction of villages, the displacement of several million persons in that region and the humanitarian consequences arising therefrom,

"Noting with concern the destruction of villages and the flight of the populations in consequence of the invasion and the incursion of Turkish armed forces in Iraqi Kurdistan or the bombing raids carried out by them, and the maintenance of a zone not accessible to the Iraqi population,

"Also noting with concern the restrictions imposed on the Kurdish population of Iraq in respect of humanitarian aid, in violation of Security Council resolution 688 (1991), of 5 April 1991,

"1. Condemns the human rights violations and, in particular, the acts of torture, the arbitrary detections, the summary or arbitrary executions and the enforced disappearances attributable to the armed forces;

"2. Regrets that the military actions conducted in the south-east of Turkey and in Iraqi Kurdistan by the Turkish armed forces continue to cause civilian casualties and have brought about the destruction of several thousand villages;

"3. Reminds the parties to the conflict of their obligations under common article 3 of the Geneva Conventions of 12 August 1949, concerning the protection of civilians in armed conflicts not of an international character;

"4. Urges the Government of Turkey to ensure respect for the freedom of opinion and expression, and in particular that of intellectuals, journalists and members of the Grand National Assembly;

"5. Requests the Turkish Government to invite the Commission on Human Rights Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the question of torture and the Working Group on Enforced or Involuntary Disappearances to carry out a mission in Turkey;

"6. Decides to continue to examine the situation of human rights in Turkey at its forty-ninth session".

156. Mr. Bossuyt orally revised the text as follows:

(a) Delete, in the second preambular paragraph, subparagraph (a), the words "persistence of many" before the word "cases" and replace the words "armed forces" by "Government";

(b) Replace, in the second preambular paragraph, subparagraph (c), the words "renewed outbreak of attacks on the" by "continued problems concerning";

(c) Delete subparagraph (d) of the second preambular paragraph;

(d) Delete the third preambular paragraph;

(e) Replace, in operative paragraph 1, the word "Condemns" by

"Expresses concern about";

(f) Delete operative paragraphs 2 and 3 and renumber the subsequent paragraphs accordingly.

157. Statements were made by Ms. Palley. The observer for Turkey also made a statement.

158. At the request of Ms. Warzazi, a vote was taken by secret ballot. The draft resolution, as revised, was rejected by 12 votes to 9, with 3 abstentions.

Situation of human rights in Colombia

159. At its 21st meeting, on 20 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.13, sponsored by Mr. Bengoa, Mr. Bossuyt, Mr. Joinet and Mr. Weissbrodt, which read as follows:

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

"Guided by the purpose and 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 of 1977 thereto,

"Recalling its resolution 1995/6 of 18 August 1996 in which it recommended that the Commission on Human Rights consider the evolution of the situation in Colombia by examining the measures taken by the Government to implement the recommendations made by the thematic rapporteurs and by the Working Group on Enforced or Involuntary Disappearances,

"Taking note of the statement on the situation in Colombia made by the Chairperson of the Commission on Human Rights on 23 April 1996, in which the Commission requested that a permanent office of the United Nations High Commissioner for Human Rights be established in Colombia as soon as possible, with the double mandate of assisting the authorities and supervising the human rights situation in the country, the supervision to be carried out through the observation of human rights violations with analytical reports to be sent to the High Commissioner, who was requested to present a report on the fulfilment of that mandate to the Commission,

"Taking note also that the Commission on Human Rights, on the basis of the reports presented by the thematic rapporteurs, working groups and the recommendations made by the United Nations treaty bodies concerning Colombia, manifested, through the statement of its Chairperson, a deep concern at the serious violations of the right to life, the large number of cases of forced disappearances and the persistence of the practice of torture by State agents, expressed its total dissatisfaction with the alarming level of impunity that protects the perpetrators of these violations and took note of the need to strengthen the rule of law in the country by excluding gross human rights violations from the jurisdiction of military courts and limiting the competence of the regional justice system in order to ensure full respect for internationally recognized judicial guarantees,

"Cognizant of the need to provide a follow-up to the Chairperson's statement and the agreement between the Government of Colombia and the United Nations High Commissioner for Human Rights,

"Concerned by the persistence of the internal armed conflict, as well as the consequences of the war for the civilian population, and by the gross and continuous violations of international humanitarian law by both State agents and guerrilla groups, the latter of which continue to carry out prohibited practices such as kidnapping,

"Recalling the will to cooperate with the mechanisms and experts of the United Nations demonstrated by the Government of Colombia,

"Conscious that it is essential to put and end to the grave human rights situation in Colombia,

"1. Welcomes the acceptance by the Government of Colombia of the statement of the Chairperson of the fifty-second session of the Commission on Human Rights and urges the Government to comply fully and promptly with its terms;

"2. Expresses its concern at the fact that the agreement between the Government of Colombia and the United Nations High Commissioner for Human Rights that would allow a permanent office of the High Commissioner to be established in the country has yet to be signed;

"3. Expresses its deep concern that the gross and systematic violations of human rights and the extremely high levels of impunity accompanying such violations have persisted without substantial change and that the internal armed conflict has continued with the same tragic consequences for the civilian population resulting from the constant violation of international humanitarian law by both parties to the conflict;

"4. Urges that a permanent office of the High Commissioner for Human Rights be established in Colombia as soon as possible, in accordance with the terms of the statement of the Chairperson of the Commission on Human Rights, and that the analytical and public reports on the implementation of its mandate be submitted and examined by the Commission at its fifty-third session in 1997, with particular focus on the monitoring of the human rights situation in the country."

160. Mr. Bengoa orally revised the draft resolution as follows:

(a) Delete, in the third preambular paragraph, the words "y de supervisar la situación de los derechos humanos en el país; que se realizase esa supervisión mediante" and replace the words "la observación de" by "de observar";

(b) Replace, in the fifth preambular paragraph of the Spanish version, the word "refugiados" by "derechos humanos";

(c) Insert, in the sixth preambular paragraph of the Spanish version, before the words "cuales persisten" the words "últimos de los";

(d) Add, at the end of operative paragraph 2, the words "y espera que se lo haga lo antes posible;";

(e) Replace, in operative paragraph 4, the words "con referencia especial a la supervisión de la situación de" by the phrase "a fin de facilitar la observación de las violaciones de los".

161. Mr. Guissé requested the withdrawal of the draft resolution. The request was not accepted by the sponsors. Statements were made by

Mr. Alfonso Martínez, Mr. Bengoa, Mr. Chernichenko, Ms. Daes, Mr. El-Hajjé, Mr. Joinet, Mr. Lindgren Alves and Ms. Palley.

162. Ms. Warzazi proposed to amend the draft resolution by deleting the fourth, fifth and eighth preambular paragraphs and operative paragraphs 2 and 3.

163. In accordance with article 65 (2) of the rules of procedure of the functional commissions of the Economic and Social Council, Mr. Guissé proposed a motion that no action be taken on the draft resolution.

164. Statements in connection with the above proposals were made by

Mr. Alfonso Martínez, Mr. Chernichenko, Mr. Guissé, Mr. Joinet, Mr. Lindgren Alves, Ms. Palley and Ms. Warzazi.

165. At the proposal of Mr. Guissé, consideration of the draft resolution was postponed.

166. At its 22nd meeting, on 21 August 1996, the Sub-Commission resumed consideration of the draft resolution. Mr. Bengoa made a statement and, on behalf of the co-sponsors, withdrew the draft resolution.

167. A statement in this connection was made by the observer for Colombia. Statements were also made by Mr. Alfonso Martínez, Mr. Chernichenko and Mr. Guissé.

Humanitarian situation in Iraq

168. At its 21st meeting, on 20 August 1996, the Sub-Commission considered draft decision E/CN.4/Sub.2/1996/L.14, sponsored by Mr. Ali Khan, Ms. Attah, Mr. Bengoa, Mr. Bossuyt, Mr. Boutkevitch, Mr. El-Hajjé, Mr. Fan Guoxiang, Ms. Gwanmesia, Mr. Joinet, Mr. Khalil, Mr. Mehedi, Ms. Palley, Mr. Park, Mr. Uribe Diaz, Ms. Warzazi and Mr. Yimer. Ms. Daes, Mr. Guissé and Mr. Maxim subsequently joined the sponsors.

169. Statements in connection with the draft decision were made by Ms. Daes and Ms. Warzazi.

170. The decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 1996/107.

171. After the adoption of the decision statements were made by

Mr. Alfonso Martínez, Mr. Bossuyt, Mr. Chernichenko and Mr. Weissbrodt.

VIII. The new international economic order and the promotion of human rights (a) The role ans equal participation of women in development

172. The Sub-Commission considered item 7 together with item 11 (see chap. XII) at its 20th and 22nd meetings, on 20 and 21 August 1996.

173. For the list of documents issued under item 7, see annex VI to the present report.

174. In the general debate on the item, statements 1/ were made by the following members of the Sub-Commission: Mr. Lindgren Alves (20th), Ms. McDougall (22nd) and Mr. Zhong Shukong (20th).

175. Statements were made by the observers for Haiti (22nd) and Iraq (22nd).

176. Statements were made by the representatives of the following non-governmental organizations: American Association of Jurists (22nd), International Institute for Non-Aligned Studies (22nd), International Institute for Peace (22nd), International Islamic Federation of Student Organizations (22nd), International Progress Organization (22nd), Latin American Federation of Associations of Relatives of Disappeared Detainees (22nd), World Organization against Torture (22nd).

IX. The realization of economic, social and cultural rights

177. The Sub-Commission considered agenda item 8 at its 22nd to 25th, 35th and 36th meetings, on 21, 22, 29 and 30 August 1996.

178. For a list of documents issued under this item, see annex VI to the present report.

179. At the 22nd meeting, on 21 August 1996, the Special Rapporteur on human rights and extreme poverty, Mr. Leandro Despouy, introduced his final report (E/CN.4/Sub.2/1996/13).

180. At the 23rd meeting, on 21 August 1996, Mr. José Bengoa, Special Rapporteur on the relationship between the enjoyment of human rights and income distribution, introduced his progress report (E/CN.4/Sub.2/1996/14). At the same meeting, Mr. El-Hadji Guissé, Special Rapporteur on the question of the impunity of perpetrators of violations of human rights (economic, social and cultural rights) introduced his second interim report (E/CN.4/Sub.2/1996/15).

181. In the general debate on the item, statements 1/ were made by the following members of the Sub-Commission: Mr. Ali Khan (24th), Mr. Bengoa (25th), Mr. Chernichenko (24th), Ms. Daes (24th), Mr. El-Hajjé (25th), Mr. Joinet (25th), Mr. Khalifa (23rd), Ms. McDougall (22nd), Mr. Weissbrodt (23rd) and Mr. Zhong Shukong (23rd).

182. Statements were made by the observers for the International Monetary Fund (23rd) and the World Health Organization (23rd).

183. The Sub-Commission also heard statements by representatives of the following non-governmental organizations: African Association of Education for Development (24th), African Commission of Health and Human Rights Promoters (24th), Afro-Asian People's Solidarity Organization (23rd), American Association of Jurists (23rd), Centre Europe-Tiers Monde (23rd), Disabled Peoples International (24th), Four Directions Council (23rd), General Arab Women Federation (24th), Indian Council of Education (24th), International Association of Democratic Lawyers (24th), International Association of Educators for World Peace (24th), International Commission of Jurists (23rd), International Educational Development (24th), International Federation of Free Journalists (22nd), International Federation of University Women (24th), International Humanist and Ethical Union (23rd), International Institute for Peace (23rd), International Islamic Federation of Student Organizations (24th), International Movement ATD Fourth World (24th), International Organization for the Development of Freedom of Education (24th), International Progress Organization (24th), International Service for Human Rights (24th), Latin American Federation of Associations of Relatives of Disappeared Detainees (24th), Movement against Racism and for Friendship among Peoples (24th), Pax Christi International (24th), Pax Romana (23rd), Union of Arab Jurists (24th), War Resisters International (24th), Women's International League for Peace and Freedom (24th), World Federation of Democratic Youth (24th), World Muslim Congress (24th), World Organization against Torture (24th).

184. Statements were also made by the observers for: Cuba (25th), Lebanon (25th), Libyan Arab Jamahiriya (25th), the Philippines (25th), Viet Nam (25th).

185. Statements equivalent to a right of reply were made by the observers for: Bangladesh (24th), Ethiopia (25th), Mexico (25th).

186. At the 25th meeting, on 22 August 1996, Mr. Bengoa, Mr. Despouy and Mr. Guissé made their concluding remarks.

Tenth anniversary of the adoption of the Declaration on the Right to Development

187. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.35, sponsored by Mr. Alfonso Martínez, Mr. Ali Khan, Mr. Bengoa, Ms. Daes, Mr. Diaz Uribe, Mr. El-Hajjé, Mr. Fan Guoxiang, Mr. Guissé, Mr. Joinet, Mr. Khalifa, Mr. Lindgren Alves, Ms. Mbonu, Ms. Warzazi and Mr. Yimer. Ms. Gwanmesia and Mr. Mehedi subsequently joined the sponsors.

188. In connection with the draft resolution, statements were made by Mr. Guissé, Mr. Fan Guoxiang, Mr. Mehedi and Ms. Palley.

189. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/22.

Human rights and extreme poverty

190. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.44, sponsored by Mr. Alfonso Martínez, Ms. Daes, Mr. Fix Zamudio, Mr. Ibarra, Mr. Joinet, Ms. Mbonu, Ms. Warzazi and Mr. Yimer.

191. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/23.

Question of the impunity of perpetrators of violations of human rights (economic, social and cultural rights)

192. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.46, sponsored by Mr. Ali Khan, Mr. Diaz Uribe, Mr. El-Hajjé, Mr. Guissé, Ms. Gwanmesia, Ms. Mbonu, Mr. Mehedi and Ms. Warzazi. Mr. Weissbrodt subsequently joined the sponsors.

193. The resolution was adopted without a vote. For the text of the resolution see chapter II, section A, 1996/24.

The realization of economic, social and cultural rights

194. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.49, sponsored by Mr. Bengoa, Ms. Daes, Mr. El-Hajjé, Ms. Warzazi and Mr. Yimer. Mr. Guissé subsequently joined the sponsors.

195. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/25.

Human rights and income distribution

196. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.50, sponsored by Mr. Alfonso Martínez, Mr. El-Hajjé, Mr. Fix Zamudio, Mr. Guissé, Mr. Joinet, Mr. Khalil, Ms. Koufa, Mr. Maxim, Ms. Mbonu, Mr. Mehedi, Ms. Warzazi and Mr. Yimer.

197. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/26.

Forced evictions

198. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.54, sponsored by Mr. Alfonso Martínez, Mr. Ali Khan, Mr. Bengoa, Mr. Diaz Uribe, Mr. El-Hajjé, Mr. Fan Guoxiang, Mr. Fix Zamudio, Mr. Hatano, Mr. Khalil, Mr. Maxim, Mr. Mehedi and Ms. Warzazi. Mr. Joinet subsequently joined the sponsors.

199. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/27.

The relationship between the enjoyment of human rights, in particular economic, social, and cultural rights and the right to development, and the working methods and activities of transnational corporations

200. At its 35th and 36th meetings, on 29 and 30 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.47, sponsored by Mr. Alfonso Martínez, Mr. Ali Khan, Mr. Diaz Uribe, Mr. El-Hajjé, Mr. Guissé, Ms. Gwanmesia, Mr. Khalil, Mr. Maxim, Ms. Mbonu, Mr. Mehedi, Ms. Warzazi, Mr. Yimer and Mr. Zhong Shukong. Mr. El-Hajjé subsequently withdrew as sponsor.

201. Mr. Bossuyt proposed to amend the draft resolution by deleting the word "adverse" before the words "effects" throughout the text. The amendment was accepted by the sponsors.

202. Mr. Guissé revised the draft resolution by inserting a new eighth preambular paragraph.

203. Ms. Palley proposed to amend operative paragraph 7 (c) by inserting, after the words "transnational corporations", the words "and business entities with franchises or licences". The amendment was accepted by the sponsors.

204. Ms. Warzazi revised the draft resolution as follows:

(a) Replace, at the beginning of operative paragraph 7 the words "Requests the Commission on Human Rights to establish" by "Estime qu'il serait utile que la Commission des droits de l'homme etablisse";

(b) Delete operative paragraph 10, which read:

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

'The Commission on Human Rights, taking note of resolution 1996/... of .. August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, decides to establish, for a three-year period, a working group composed of five experts nominated by Governments, to be appointed by the Chairman of the Commission at its fifty-third session on the basis of equitable geographical representation and in consultation with the regional groups in the Commission, with the following mandate: (a) to identify and examine the adverse effects of the methods of work and activities of transnational corporations on economic, social and cultural rights and the right to development; (b) to investigate, monitor, examine and receive communications and gather information on the adverse effects of the methods of work and activities of transnational corporations on economic, social and cultural rights and the right to development; (c) to make recommendations and proposals aimed at regulating, at the national, regional and international levels, the methods of work and activities of transnational corporations in order to ensure that these are in keeping with the economic and social objectives of the countries in which they operate, and to promote economic, social and cultural rights and the right to development; (d) to prepare each year a list of countries and transnational corporations, indicating, in United States dollars, their gross national product or financial turnover, respectively. The Commission also decides to invite Governments, United Nations bodies and agencies, intergovernmental organizations and non-governmental organizations to submit information on the adverse effects of the working methods and activities of transnational corporations on the enjoyment of human rights, in particular economic, social and cultural rights and the right to development, for consideration by the working group and recommends the following draft decision to the Economic and Social Council for adoption:

"The Economic and Social Council, taking note of Commission on Human Rights decision 1997/... of ... 1997, approves the establishment by the Commission, for a three-year period, of a working group composed of five experts nominated by Governments, appointed by the Chairman of the Commission at its fifty-third session on the basis of equitable geographical representation and in consultation with the regional groups in the Commission, with the following mandate: (a) to identify and examine the adverse effects of the methods of work and activities of transnational corporations on economic, social and cultural rights and the right to development; (b) to investigate, monitor, examine and receive communications and gather information on the adverse effects of the methods of work and activities of transnational corporations on economic, social and cultural rights and the right to development; (c) to make recommendations and proposals aimed at regulating, at the national, regional and international levels, the methods of work and activities of transnational corporations in order to ensure that these are in keeping with the economic and social objectives of the countries in which they operate, and to promote economic, social and cultural rights and the right to development; (d) to prepare each year a list of countries and transnational corporations, indicating, in United States dollars, their gross national product or financial turnover, respectively, and requests the Secretary-General to provide all the assistance necessary to enable the working group to fulfil its mandate."'"

205. In connection with the draft resolution, the revision and amendments, statements were made by Mr. Alfonso Martínez, Mr. Bossuyt, Mr. Diaz Uribe, Mr. Guissé, Mr. Joinet, Mr. Khalil, Ms. Mbonu, Ms. Palley, Ms. Warzazi, Mr. Weissbrodt and Mr. Yimer.

206. Statements in connection with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council were made by Mr. Alfonso Martínez, Mr. Bossuyt, Mr. Guissé, Mr. Joinet, Ms. Mbonu, Ms. Palley, Mr. Weissbrodt and Mr. Yimer.

207. The resolution, as revised and amended, was adopted without a vote. For the text of the resolution see chapter II, section A, 1996/39.

208. Ms. Daes made a statement after the adoption of the resolution.

X. Communications concerning human rights: report of the Working Group established under Sub-Commission resolution 2 (XXIV) in accordance with Economic and Social Council resolution 1503 (XLVIII)

209. The Sub-Commission considered item 9 at its 30th, 31st, 32nd, 33rd, 34th and 36th meetings on 27 to 30 August 1996.

210. By resolution 1503 (XLVIII) of 27 May 1979, the Economic and Social Council authorized the Sub-Commission to appoint a working group (Working Group on Communications) of no more than five of its members to meet annually for 10 working days, immediately before each session of the Sub-Commission, to consider all communications received by the Secretary-General under Council resolution 728 F (XXVIII) of 30 July 1959, including replies of Governments thereon, with a view to bringing to the attention of the Sub-Commission those communications which appeared to reveal a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms.

211. The procedure to be followed by the Working Group on Communications in deciding on the admissibility of communications was established by Sub-Commission resolution 1 (XXIV) of 13 August 1971, and the Working Group itself was set up in accordance with Sub-Commission resolution 2 (XXIV) of 16 August 1971.

212. The Sub-Commission had before it a confidential report on the work of the Working Group on Communications at its twenty-fourth session, held from 22 July to 1 August 1996 (E/CN.4/Sub.2/1996/R.1 and addenda), certain communications which had been kept pending before the Sub-Commission since its forty-seventh session in 1995, as well as all government replies relevant to the material before it. The Sub-Commission noted with appreciation that a large number of Government replies, including detailed and substantive replies, had been received, in response to communications forwarded to Governments under Council resolution 728F (XXVIII). The Sub-Commission wishes to stress in this connection that Government cooperation is essential for the proper functioning of the bodies entrusted with the implementation of the procedure governed by Council resolution 1503 (XLVIII) and expresses the hope that all Governments will in the future respond to communications transmitted to them and thereby contribute to further development in international cooperation in the field of human rights.

213. It further noted that some Governments seem to take exception to receiving communications from the Centre for Human Rights under the procedure. This reflects a misunderstanding of the role of the Secretariat, which is duty-bound, pursuant to paragraph 2 (e) of Council resolution 728 F (XXVIII), to furnish each Member State with a copy of any communication concerning human rights which refers explicitly to that State, without engaging in any pre-screening of communications so transmitted. It is the role of the Working Group and the Sub-Commission to evaluate the contents of communications pursuant to the criteria set out in Council resolution 1503 (XLVIII) and Sub-Commission resolution 1 (XXIV). Any criticism directed at the Secretariat for transmitting communications to Member States is, therefore, unwarranted and inappropriate.

214. Mr. F. Yimer, Chairman-Rapporteur of the Working Group on Communications, introduced the Working Group's report and drew attention, as appropriate, to the material which was pending before the Sub-Commission since its forty-seventh session.

215. Following the discussion which ensued, the Sub-Commission decided, pursuant to paragraph 5 of Economic and Social Council resolution 1503 (XLVIII), to refer to the Commission on Human Rights for consideration certain particular situations which appeared to reveal a consistent pattern of gross and reliably attested violations of human rights. The Sub-Commission also decided to defer action on certain communications to its forty-ninth session, in 1997, and to take no action with regard to other communications.

216. At its 36th meeting (closed part), on 30 August 1996, the Sub-Commission adopted a confidential report, pursuant to paragraph 8 of Council resolution 1503 (XLVIII), by which it communicated to the Commission on Human Rights its decisions taken under paragraph 5 of that resolution.

217. At its 34th meeting, on 29 August 1996, the Sub-Commission decided on the composition of its Working Group on Communications that would meet prior to its forty-ninth session. For the composition of the Working Group, see chapter II, section B, decision 1996/111.

XI. The administration of justice and the human rights of detainees 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. Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers

218. The Sub-Commission considered agenda item 10 at its 25th, 26th, 27th, 28th, 29th and 35th meetings, on 22, 23, 26 and 29 August 1996.

219. For a list of documents issued under this item, see annex VI to the present report.

220. In the general debate on the item, statements 1/ were made by the following members of the Sub-Commission: Mr. Fix Zamudio (25th), Mr. Guissé (27th), Ms. Warzazi (26th).

221. At its 25th meeting, on 22 August 1996, Mr. Louis Joinet, Special Rapporteur on the question of impunity of perpetrators of violations of human rights (civil and political rights) introduced his report (E/CN.4/Sub.2/1996/18). At the same meeting, Mr. Leandro Despouy, Special Rapporteur on the question of human rights and states of emergency, introduced his ninth annual report (E/CN.4/Sub.2/1996/19).

222. At its 26th meeting, on 23 August 1996, Mr. Louis Joinet, as Chairman-Rapporteur of the Working Group on the administration of justice and the question of compensation introduced the report of the Working Group (E/CN.4/Sub.2/1996/16).

223. At its 29th meeting, on 26 August 1996, concluding statements were made by Mr. Despouy and Mr. Joinet.

224. Statements were made by the observers for Haiti (28th), Mexico (28th) and Tunisia (28th).

225. The Sub-Commission also heard statements by representatives of the following non-governmental organizations: African Commission on Health and Human Rights Promoters (26th), Disabled Peoples International (28th), Afro-Asian People's Solidarity Organization (26th), American Association of Jurists (26th), Centre Europe-Tiers Monde (26th), Commission of the Churches on International Affairs of the World Council of Churches (27th), France Libertés: Fondation Danielle Mitterrand (28th), International Association against Torture (27th), International Association of Democratic Lawyers (28th), International Association of Educators for World Peace (28th), International Commission of Jurists (27th), International Educational Development, Inc. (28th), International Falcon Movement-Socialist Educational International (28th), International Federation of Human Rights League (28th), International Human Rights Association of American Minorities (28th), International Institute for Non-Aligned Studies (27th), International Institute for Peace (28th), International Islamic Student Association (28th), International League for the Rights and Liberation of Peoples (27th), International Movement against All Forms of Discrimination and Racism (27th), International PEN (27th), International Progress Organization (28th), Liberation (28th), Latin American Federation of Associations of Relatives of Disappeared Detainees (27th), Movement against Racism and for Friendship among Peoples (28th), Pax Christi International (26th), Pax Romana (26th), Regional Council on Human Rights in Asia (28th), World Muslim Congress (28th) and World Organization Against Torture (27th).

226. Statements equivalent to a right of reply were made by the observers for Bahrain (28th), Cuba (27th), Egypt (28th), Morocco (29th), Nigeria (28th), Pakistan (28th), Viet Nam (28th).

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

227. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.19, sponsored by Mr. Bengoa, Mr. Bossuyt, Mr. Chernichenko, Mr. El-Hajjé, Mr. Guissé and Mr. Park. Mr. Diaz Uribe, Ms. Gwanmesia, Mr. Joinet and Ms. Palley subsequently joined the sponsors.

228. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/28.

The right to a fair trial

229. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.23, sponsored by Mr. Alfonso Martínez, Mr. Ali Khan, Mr. Bengoa, Mr. Bossuyt, Mr. Boutkevitch, Ms. Daes, Mr. Diaz Uribe, Mr. El-Hajjé, Mr. Fix Zamudio, Mr. Guissé, Mr. Hatano, Mr. Khalifa, Mr. Maxim, Ms. Mbonu, Mr. Mehedi, Ms. Palley, Mr. Park, Ms. Warzazi, Mr. Weissbrodt and Mr. Yimer. Ms. Gwanmesia and Mr. Joinet subsequently joined the sponsors.

230. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/29.

Question of human rights and states of emergency

231. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft resolution E/CN.4/Sub.2/1996/L.45, sponsored by Mr. Alfonso Martínez, Mr. Bossuyt, Ms. Daes, Mr. Fix Zamudio, Mr. Ibarra, Mr. Joinet, Mr. Khalil, Mr. Lindgren Alves, Mr. Maxim, Mr. Mehedi, Ms. Warzazi, Mr. Weissbrodt and Mr. Yimer. Mr. Ali Khan subsequently joined the sponsors.

232. The resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, 1996/30.

The administration of justice and the human rights of detainees

233. At its 35th meeting, on 29 August 1996, the Sub-Commission considered draft decision E/CN.4/Sub.2/1996/L.56, sponsored by Mr. Yimer.

234. The decision was adopted without a vote. For the text of the resolution, see chapter II, section B, 1996/119.

XII. THE IMPLEMENTATION OF THE HUMAN RIGHTS OF WOMEN

235. The Sub-Commission considered agenda item 11 together with item 7 (see chap. VIII) at its 20th, 22nd, 24th and 35th meetings, on 20, 21, 22 and 29 August 1999.

236. For the list of documents issued under item 11, see annex VI to the present report.

237. In the general debate on the item, statements 1/ were made by the following members of the Sub-Commission: Mr. Lindgren Alves (20th), Ms. McDougall (20th, 22nd) and Ms. Warzazi (20th).

238. Statements were made by the representatives of the following non-governmental organiz