[Cont'd p .5]

1994/82. Extrajudicial, summary or arbitrary executions

The Commission on Human Rights,

Recalling the Universal Declaration of Human Rights, which guarantees the right to life, liberty and security of person,

Having regard to the provisions of the International Covenant on Civil and Political Rights, in which it is stated that every human being has the inherent right to life, that this right shall be protected by law and that no one shall be arbitrarily deprived of his or her life,

Mindful of General Assembly resolutions on the subject of summary and arbitrary executions, of which the latest is 47/136 of 18 December 1992,

Recalling the other standards which form the legal justification of the mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions, including those enumerated in Commission resolution 1992/72 of 5 March 1992 and General Assembly resolution 47/136,

Mindful of the dismay and condemnation expressed by the World Conference on Human Rights at the continuing occurrence of gross and systematic violations of human rights, including summary and arbitrary executions,

Welcoming the Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (United Nations publication, Sales No. E.91.IV.1),

Deeply alarmed at the persistence, on a large scale, of extrajudicial, summary or arbitrary executions,

Condemning especially violations of the right to life of minors and, in particular, children and adolescents without homes,

Welcoming the attention given to various aspects and situations of violations of the right to life by the Special Rapporteur in his report (E/CN.4/1994/7 and Corr.1-2 and Add.1-2),

Welcoming the methods of work adopted by the Special Rapporteur, including following up on communications and country visits,

Also welcoming the attention given by the Special Rapporteur in his report to violations of the right to life in connection with suppression of the right to freedom of opinion and expression, peaceful assembly and association,

Convinced of the need for effective action to combat and to eliminate the abhorrent practice of extrajudicial, summary or arbitrary executions, which represents a flagrant violation of the fundamental right to life,

1. Strongly condemns once again the large number of extrajudicial, summary or arbitrary executions which continue to take place throughout the world;

2. Appeals urgently to Governments, United Nations bodies and organs, the specialized agencies and intergovernmental and non-governmental organizations to take effective action to combat and eliminate the phenomenon of extrajudicial, summary or arbitrary executions;

3. Takes note with appreciation of the report of the Special Rapporteur (E/CN.4/1994/7 and Corr.1-2 and Add.1-2) and welcomes his recommendations with a view to eliminating extrajudicial, summary or arbitrary executions;

4. Also notes the valuable recommendations made by the Special Rapporteur after his visits to particular countries, as contained in the addenda to his report;

5. Requests the Special Rapporteur, in carrying out his mandate, to continue to examine situations of extrajudicial, summary or arbitrary executions and to continue to submit on an annual basis his findings, together with conclusions and recommendations, to the Commission on Human Rights;

6. Also requests the Special Rapporteur, in carrying out his mandate, to respond effectively to information which comes before him, in particular when an extrajudicial, summary or arbitrary execution is imminent or threatened or when such an execution has occurred;

7. Commends the Special Rapporteur for his methods of following up on communications with Governments and sources of information, and encourages him to enhance further his dialogue with Governments as well as to follow up on recommendations made in reports after visits to particular countries;

8. Requests the Special Rapporteur in his next report to continue to pay special attention to extrajudicial, summary or arbitrary executions of children and women and to allegations concerning violations of the right to life in the context of violence against participants in demonstrations and other peaceful public manifestations or against persons belonging to national or ethnic, religious and linguistic minorities;

9. Urges the Special Rapporteur to draw to the attention of the High Commissioner for Human Rights such situations of extrajudicial, summary and arbitrary executions as are of particularly serious concern to him or where early action might prevent further deterioration;

10. Requests the Special Rapporteur to continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the comments made by the Human Rights Committee in its interpretation of article 6 of the International Covenant on Civil and Political Rights, as well as the Second Optional Protocol thereto;

11. Welcomes the cooperation established between the Special Rapporteur and other United Nations mechanisms and procedures in the field of human rights, as well as with medical and forensic experts, and encourages the Special Rapporteur to continue efforts in this regard;

12. Urges Governments to undertake all necessary and possible measures to prevent the needless loss of life during situations of public manifestations, internal and communal violence, disturbances, tension and public emergency and to grant special protection to those who find themselves in particularly vulnerable situations during such events;

13. Appeals to all Governments to ensure that all persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person and that conditions in places of detention conform to the Standard Minimum Rules for the Treatment of Prisoners and other pertinent international instruments;

14. Reiterates the obligation of all Governments, bearing in mind the norms and principles contained in the pertinent international instruments, to carry out exhaustive and impartial investigations into allegations of all suspected cases of extrajudicial, arbitrary and summary executions, to identify, bring to justice and punish the perpetrators, to provide the right to seek and receive, as appropriate, compensation for the victims or their families and to take effective measures to avoid future recurrence of such violations;

15. Strongly urges all Governments to respond to communications transmitted to them by the Special Rapporteur, and calls on them and all others concerned to cooperate with and assist the Special Rapporteur so that his mandate may be carried out effectively;

16. Expresses its appreciation to those Governments that have invited the Special Rapporteur to visit their countries, asks them to examine carefully the recommendations made by him and invites them to report to the Special Rapporteur on action taken on these recommendations;

17. Encourages Governments, United Nations bodies and organs, the specialized agencies and intergovernmental and non-governmental organizations, as appropriate, to initiate, coordinate or support programmes designed to train and educate military forces, law enforcement officers and government officials, as well as members of the United Nations peace-keeping or observer missions on human rights and humanitarian law issues connected with their work, and appeals to the international community to support endeavours to that end;

18. Requests the Secretary-General to provide all necessary assistance to the Special Rapporteur and, in view of the increasing workload of the Special Rapporteur, to substantially increase, within existing resources, the human and material resources placed at his disposal;

19. Also requests the Secretary-General and the Special Rapporteur to continue seeking ways of raising public awareness of the persistent occurrence of extrajudicial, summary or arbitrary executions and of the work and recommendations made by the Special Rapporteur;

20. Requests the Secretary-General to continue to use his best endeavours in cases where the minimum standard of legal safeguards provided for in articles 6, 9, 14 and 15 of the International Covenant on Civil and Political Rights appears not to be respected;

21. Decides to consider the question of extrajudicial, summary or arbitrary executions as a matter of high priority at its fifty-first session under the agenda item "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".


66th meeting
9 March 1994
[Adopted without a vote. See chap. XII.]


1994/83. Situation of human rights in southern Lebanon

The Commission on Human Rights,

Gravely concerned by the persisting practices of the Israeli occupation forces in southern Lebanon, which constitute a violation of the principles of international law regarding the protection of human rights, in particular the Universal Declaration of Human Rights, as well as a grave violation of the relevant provisions of international humanitarian law as contained in the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the Hague Convention IV of 1907,

Recalling its deep regret at the failure of Israel to implement Security Council resolutions 425 (1978) of 19 March 1978 and 509 (1982) of 6 June 1982,

Deploring the repeated Israeli aggression in southern Lebanon, particularly the Israeli attack on the south and the west Bekaa in July 1993, which caused a large number of deaths and injuries and the displacement of hundreds of thousands of inhabitants, as well as the destruction of several houses, hospitals, schools and public buildings,

Reaffirming that the continued occupation and the practices of the Israeli forces constitute a violation of the resolutions of the Security Council as well as of the will of the international community and the conventions in force in this respect,

Hoping that the steps and efforts dedicated to attaining peace in the Middle East will put an end to violations of human rights in the occupied zone in southern Lebanon, and that the peace negotiations will proceed to settle the Middle East conflict and achieve a just and comprehensive peace in the region,

Gravely concerned by the impeding of the International Committee of the Red Cross and other humanitarian organizations from accomplishing their humanitarian mission in the occupied area of southern Lebanon, in particular to ascertain reports of ill-treatment of detainees in the detention centres of Khiyam and Marjayoun,

Reaffirming its resolution 1993/67 of 10 March 1993, and expressing its deep regret at the failure of Israel to implement this resolution,

1. Condemns the continued Israeli violations of human rights in southern Lebanon, manifested particularly by the arbitrary detention of civilians, the destruction of their houses, the confiscation of their property, their expulsion from the occupied area, the bombardment of villages and civilian areas, and other practices violating human rights;

2. Calls upon Israel to put an end immediately to such practices and to implement the above-mentioned resolutions of the Security Council which demand the immediate, total and unconditional withdrawal of Israel from all Lebanese territories and respect for the sovereignty, independence and territorial integrity of Lebanon;

3. Also calls upon the Government of Israel, the occupying Power of territories in southern Lebanon and the west Bekaa, to comply with the Geneva Conventions of 1949, specifically the Geneva Convention relative to the Protection of Civilian Persons in Time of War;

4. Further calls upon the Government of Israel, the occupying Power of territories in southern Lebanon and the west Bekaa, to release immediately all those Lebanese and other prisoners detained in the Israeli prisons and detention centres contrary to all the Geneva Conventions and to other provisions of international law;

5. Calls upon the Government of Israel, the occupying Power of territories in southern Lebanon and the west Bekaa, to facilitate the humanitarian mission of the International Committee of the Red Cross and other humanitarian organizations in that region and, in particular, to allow these organizations to visit the detention centres of Khiyam and Marjayoun and verify the living conditions of the detainees;

6. Requests the Secretary-General:

(a) To bring the present resolution to the attention of the Government of Israel and to invite it to provide information concerning the extent of its implementation thereof;

(b) To report to the General Assembly at its forty-ninth session and to the Commission on Human Rights at its fifty-first session on the results of his efforts in this regard;

7. Decides to continue its consideration of the situation of human rights in southern Lebanon at its fifty-first session.


66th meeting
9 March 1994
[Adopted by a roll-call vote of 48 to 1,
with 3 abstentions. See chap. XII.]


1994/84. Situation of human rights in Afghanistan

The Commission on Human Rights,

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 accepted humanitarian rules, as set out in the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977,

Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all and resolved to remain vigilant with regard to violations of human rights wherever they occur,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have freely undertaken under the various international instruments,

Recalling Economic and Social Council resolution 1984/37 of 24 May 1984, in which the Council requested the Chairman of the Commission on Human Rights to appoint a special rapporteur to examine the situation of human rights in Afghanistan, with a view to formulating proposals that could contribute to ensuring full protection of the human rights of the inhabitants of the country before, during and after the withdrawal of all foreign forces,

Recalling also its relevant resolutions, as well as the resolutions of the General Assembly and the decisions of the Economic and Social Council,

Bearing in mind, in particular, its resolution 1993/66 of 10 March 1993, in which it was decided to extend the mandate of the Special Rapporteur on the situation of human rights in Afghanistan for one year and to request him to report to the General Assembly at its forty-eighth session, and of Economic and Social Council decision 1993/275 of 28 July 1993, in which the Council approved the Commission's decision,

Recalling General Assembly resolution 48/152 of 20 December 1993 and noting with concern that since its adoption the situation of human rights in Afghanistan has further deteriorated owing to the recent outbreak of large-scale fighting,

Noting that, following the demise of the former Afghan Government, a transitional Islamic State of Afghanistan was established,

Noting with deep concern that in spite of the efforts and initiatives taken by the Government of Afghanistan towards ensuring complete peace and stability, a situation of armed confrontation, affecting mainly the civilian population, which is still the target of indiscriminate military attacks by rival groups, continues to exist in parts of the territory of Afghanistan, and in particular in Kabul, and has also caused a dramatic rise in the number of persons displaced inside the country,

Concerned that the prevailing situation in the country as regards the political and legal order is affecting the security of members of all ethnic and religious groups, including minorities,

Noting with concern reports of violations of rights enshrined in the International Covenant on Civil and Political Rights, such as the right to life, to liberty and security of person and to freedom of opinion, expression and association,

Deeply concerned about the recurring violations of human rights specific to or primarily directed against women by warring factions in Afghanistan and about the lack of respect towards them and their physical integrity and dignity, as reported by the Special Rapporteur,

Concerned also at reports of detainees who are being held for political reasons by rival groups, in particular in prisons run by political parties, among whom are several members of the former Government,

Noting that much remains to be done for the treatment of prisoners to be in conformity with the provisions of the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977,

Deeply concerned at the decline in the repatriation of Afghan refugees in 1993 and at reports of new waves of refugees and internally displaced persons in the first months of 1994, owing to the prevailing situation in Afghanistan, and expressing the hope that conditions in the country will allow those still in exile to return as soon as possible,

Noting with appreciation the efforts undertaken by some neighbouring countries to provide assistance to growing flows of refugees pending their repatriation, despite diminishing financial and other resources,

Aware that peace and security in Afghanistan are prerequisites for the successful repatriation of about 4 million refugees, in particular the achievement of a comprehensive political solution and the establishment of a freely and democratically elected government, the end of armed confrontation in Kabul and in some provinces, the clearance of minefields that have been laid in many parts of the country, the restoration of an effective authority in the whole country and the reconstruction of the economy,

Affirming that the declaration of general amnesty issued by the Islamic State of Afghanistan should be applied in a strictly non-discriminatory manner and that prisoners detained by rival groups without trial on Afghan territory should be released unconditionally,

Commending the activity carried out by the Office of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross in cooperation with the Afghan authorities, as well as non-governmental organizations, in favour of the people of Afghanistan,

Taking note with appreciation of the report of the Special Rapporteur on the situation of human rights in Afghanistan and of the conclusions and recommendations contained therein (E/CN.4/1994/53),

Commending the efforts by the Special Rapporteur to implement its resolution 1993/46 of 8 March 1993 and the Vienna Declaration and Programme of Action (A/CONF.157/23) by including in his report information on human rights violations affecting women,

Noting that owing to security considerations the Special Rapporteur has been unable to visit Kabul recently,

1. Welcomes the cooperation that authorities in Afghanistan have extended to the Special Rapporteur on the situation of human rights in Afghanistan in view of the circumstances prevailing in the country;

2. Also welcomes the cooperation that the authorities in Afghanistan have extended, in particular to the Coordinator for Humanitarian and Economic Assistance Programmes Relating to Afghanistan and to international organizations, such as the specialized agencies, the Office of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross;

3. Urges all the Afghan parties to undertake, where appropriate under the auspices of the United Nations, all possible efforts in order to achieve a comprehensive political solution, which is the only way to bring about peace and the full restoration of human rights in Afghanistan, based on the free exercise of the right to self-determination by the people, including free and genuine elections, the cessation of armed confrontation and the creation of conditions that will permit the free return, as soon as possible, of about 4 million refugees to their homeland in safety and dignity, whenever they wish, and the full enjoyment of human rights and fundamental freedoms by all Afghans;

4. Welcomes all the efforts towards reaching a comprehensive, peaceful political solution to the conflict in Afghanistan, and in particular General Assembly resolution 48/208 of 21 December 1993, by which the General Assembly requested the Secretary-General to dispatch as soon as possible a United Nations special mission to Afghanistan to canvass a broad spectrum of Afghanistan's leaders to solicit their views on how the United Nations can best facilitate national rapprochement and reconstruction, and report to the Secretary-General their findings, conclusions and recommendations for appropriate action;

5. Urges all the parties to carry out, as soon as possible, a disarmament process which constitutes a prerequisite to a solution to the conflict, as decided also in the Islamabad agreement signed by the Afghan parties;

6. Invites the United Nations to offer, upon request of the Afghan Government and with due regard to the Afghan tradition, advisory services and technical assistance concerning the drafting of the Constitution, which should embody internationally accepted human rights principles, and the holding of direct elections;

7. Recognizes that the promotion and protection of human rights should be an essential element in the achievement of a comprehensive solution to the crisis in Afghanistan, and calls on all Afghan parties to respect human rights;

8. Urges all the Afghan parties to respect accepted humanitarian rules, as set out in the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977, to halt the use of weapons against the civilian population, to protect all civilians from acts of reprisal and violence, including ill-treatment, torture and summary executions, and to expedite the simultaneous release of prisoners wherever they may be held;

9. Urges the Afghan authorities to provide sufficient and effective remedies to the victims of grave human rights violations and to bring their perpetrators to trial in accordance with internationally accepted standards;

10. Strongly urges all Afghan parties to ensure respect for the human rights and fundamental freedoms of women, so that their honour and dignity are ensured in accordance with the provisions of international human rights instruments and humanitarian law;

11. Calls upon all States and parties concerned to make all efforts for the realization of General Assembly decision 47/428 of 16 December 1992, entitled "Prisoners of war and persons missing as a result of war in Afghanistan", and calls upon them to make all efforts for the immediate release of all prisoners of war, and in particular of former Soviet prisoners of war, as provided for under article 118 of the Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949, considering that the hostilities in which the former Soviet Union was involved have legally and effectively ended, as well as for the tracing of the many Afghans still missing as the result of the war;

12. Urges the unconditional release of all prisoners detained without trial on the Afghan territory by rival groups, and calls for the abolition of prisons run by political parties;

13. Calls upon the authorities in Afghanistan to investigate thoroughly the fate of those persons who have disappeared during the conflict, to apply amnesty decrees equally to all detainees, to reduce the period during which prisoners await trial, to treat all prisoners, especially those awaiting trial or those in custody in juvenile rehabilitation centres, in accordance with the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, and to apply to all suspected or convicted persons article 14, paragraphs 3 (d), 5, 6 and 7 of the International Covenant on Civil and Political Rights;

14. Takes note of the recommendation of the Special Rapporteur that measures are needed in order to facilitate the passage of humanitarian convoys along the highway between Jalalabad and Kabul;

15. Appeals to all Member States to provide adequate humanitarian assistance to Afghanistan to contribute to alleviating the suffering of refugees, especially the living conditions of women and children;

16. Urges the international community to sustain the increasing financial efforts undertaken by humanitarian agencies, such as the Office of the United Nations High Commissioner for Refugees and other United Nations agencies or non-governmental organizations, to assist the Afghan refugees;

17. Urgently appeals to all Member States and humanitarian organizations to continue to promote the implementation of the projects envisaged by the Coordinator for Humanitarian and Economic Assistance Programmes Relating to Afghanistan and the programmes of the United Nations High Commissioner for Refugees, especially the pilot projects for the repatriation of refugees;

18. Reiterates its appeals to all Member States, humanitarian organizations and all parties concerned to cooperate fully on the subject of mine detection and clearance, in order to facilitate the return of refugees and displaced persons to their homes in safety and dignity;

19. Strongly urges all the parties to the conflict to undertake all necessary measures to ensure the safety of the personnel of humanitarian organizations involved in the implementation of the United Nations humanitarian and economic assistance programmes relating to Afghanistan and the programmes of the United Nations High Commissioner for Refugees, in order to avoid further deplorable incidents such as those which have caused loss of life among that personnel;

20. Invites the United Nations Educational, Scientific and Cultural Organization, once the situation is back to normal and upon invitation of the Afghan Government, to study the situation of the Kabul Museum and of the national archives and to take proper action to preserve the Afghan cultural heritage;

21. Recommends that the translation into the Dari and Pashto languages of the report of the Special Rapporteur be completed;

22. Urges the authorities in Afghanistan to continue to extend their full cooperation to the Commission on Human Rights and its Special Rapporteur, and requests the Special Rapporteur to make use of all appropriate means to gather information about specific instances of grave violations of human rights;

23. Decides to extend the mandate of the Special Rapporteur for one year and to request him to report on the situation of human rights in Afghanistan to the General Assembly at its forty-ninth session and to the Commission at its fifty-first session;

24. Calls on the Special Rapporteur to broaden and intensity efforts in addressing human rights violations that are specific to or primarily directed against women, in order to assure the effective protection of their human rights;

25. Requests the Secretary-General to give all necessary assistance to the Special Rapporteur;

26. Decides to continue its consideration of the human rights situation in Afghanistan as a matter of high priority, under the agenda item entitled "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".

66th meeting
9 March 1994
[Adopted without a vote. See chap. XII.]


1994/85. Situation of human rights in Myanmar

The Commission on Human Rights,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and as elaborated in the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable human rights instruments,

Aware that, in accordance with the Charter, the United Nations promotes and encourages respect for human rights and fundamental freedoms for all and that the Universal Declaration of Human Rights states that the will of the people shall be the basis of the authority of government,

Noting with particular concern in this regard that the electoral process initiated in Myanmar by the general elections of 27 May 1990 has not yet reached its conclusion and that the Government still has not implemented its commitments to take all necessary steps towards democracy in the light of those elections,

Deploring that many political leaders, in particular elected representatives, remain deprived of their liberty and that Daw Aung San Suu Kyi, a Nobel Peace Prize laureate, is still under house arrest and, according to some sources, will not in any event be released before the end of 1994,

Noting the measures taken by the Government of Myanmar, including its accession to the Geneva Conventions of 12 August 1949 for the protection of war victims and the release of a number of political prisoners, at the urging of the international community,

Gravely concerned at the violations of human rights in Myanmar which remain extremely serious, in particular the practice of torture, summary and arbitrary executions, forced labour, including forced portering for the military, abuse of women, politically motivated arrests and detention, forced displacement of the population, the existence of important restrictions on the exercise of fundamental freedoms, including the freedom of expression and association, and the imposition of oppressive measures directed, in particular, at minority groups,

Noting further that many violations directly affect women, in particular women belonging to minorities, who have suffered ill-treatment, especially at the hands of the military, as stated by the Special Rapporteur,

Noting that this situation has resulted in flows of refugees towards neighbouring countries,

Deeply concerned at the continuous problems created in neighbouring countries by this exodus of refugees, including some 200,000 refugees still living in Bangladesh,

Welcoming, nevertheless, the signing on 5 November 1993 by the Government of Myanmar and the Office of the United Nations High Commissioner for Refugees, of the Memorandum of Understanding on the voluntary repatriation of refugees from Bangladesh,

Having examined the reports of the Working Group on Arbitrary Detention (E/CN.4/1994/27), the Special Rapporteur on the question of torture (E/CN.4/1994/31), and the Special Rapporteur on the question of religious intolerance (E/CN.4/1994/71 and Add.1),

Recalling its resolution 1992/58 of 3 March 1992, in which it decided to nominate a special rapporteur to establish direct contacts with the Government and people of Myanmar, including political leaders deprived of their liberty, their families and their lawyers, with a view to examining the situation of human rights in Myanmar and following any progress made towards the transfer of power to a civilian Government and the drafting of a new constitution, the lifting of restrictions on personal freedoms and the restoration of human rights in Myanmar,

Taking note of General Assembly resolution 48/150 of 20 December 1993,

Noting that the Special Rapporteur has visited Myanmar at the invitation of the Government of Myanmar,

Deploring, however, that, in spite of the provisions of resolution 1993/73 requesting the Myanmar authorities to extend their full and unreserved cooperation to the Special Rapporteur, he has been denied access to Daw Aung San Suu Kyi,

Reaffirming that Daw Aung San Suu Kyi, a Nobel Peace Prize laureate, who has recently been authorized to receive a number of visits, must be released immediately and unconditionally,

Taking note of the cease-fire being observed and the negotiations under way between the Government of Myanmar and several minority groups,

1. Expresses its thanks to the Special Rapporteur for his report (E/CN.4/1994/57) and the conclusions and recommendations contained therein;

2. Deplores the continued seriousness of the situation of human rights in Myanmar and, in particular, the fact that a number of political leaders, including Daw Aung San Suu Kyi and other leaders of the National League for Democracy, remain deprived of their liberty;

3. Again urges the Government of Myanmar to take, in conformity with the assurances given at various times, all necessary measures to establish a democratic State in full accordance with the will of the people as expressed in the democratic elections held in 1990;

4. Notes with concern that most of the representatives democratically elected in 1990 have been excluded from participating in the meetings of the National Convention, created to prepare the basic elements for the drafting of a new constitution, that severe restrictions have been imposed on delegates, including members of the National League for Democracy, who are unable to meet or distribute their literature, and that one of the objectives of the Convention is to maintain the participation of the armed forces (Tatmadaw) in a leading role in the future political life of the State;

5. Notes with concern the observation of the Special Rapporteur with regard to the National Convention that no evident progress has been made towards turning power over to a freely elected Government;

6. Strongly urges the Government of Myanmar to take all appropriate measures to allow all citizens to participate freely in the political process, in accordance with the principles of the Universal Declaration of Human Rights, and to accelerate the process of transition to democracy, in particular through the transfer of power to the democratically-elected representatives, lifting restraining orders placed on a number of political leaders, releasing those who are detained and ensuring that all political parties can function freely;

7. Strongly urges the Government of Myanmar to restore full respect for human rights and fundamental freedoms, in particular the freedom of expression and opinion and the right of association and of assembly, to restore protection of persons belonging to minority groups, notably against discrimination, especially in the framework of the citizenship laws, and to put an end to violations of the right to life and integrity of the human being, to the practice of torture, abuse of women and forced labour, to enforced displacements of the population and to enforced disappearances and summary executions;

8. Reminds the Government of Myanmar of its obligation to put an end to the impunity of perpetrators of violations of human rights, including members of the military, and its responsibility to investigate alleged cases of human rights violations committed by its agents on its territory, to bring them to justice, prosecute them and punish those found guilty, in all circumstances;

9. Regrets the recent harsh sentences meted out to a number of dissidents, including persons voicing dissent in regard to the procedures of the National Convention;

10. Regrets also that, while a certain number of political prisoners have been released, many political leaders are still deprived of their freedom and their fundamental rights;

11. Strongly urges the Government of Myanmar to release immediately and unconditionally the Nobel Peace Prize laureate, Daw Aung San Suu Kyi, detained without trial for the last five years, as well as other detained political leaders and all political prisoners, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;

12. Calls upon the Government of Myanmar to consider becoming a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

13. Appeals to the Government of Myanmar to fulfil its obligations as a State party to the Forced Labour Convention, 1930 (No. 29) and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) of the International Labour Organisation;

14. Encourages the Government of Myanmar to continue to lift the emergency measures;

15. Requests the Government of Myanmar to ensure that all persons, without discrimination, are afforded the minimum guarantees for a fair trial, according to due process of law and in conformity with applicable international standards, that laws are given due publicity and that the principle of non-retroactivity of laws is respected;

16. Requests the Government of Myanmar to create the necessary conditions to facilitate the early repatriation of Myanmar refugees in neighbouring countries and their full reintegration, in conditions of safety and dignity, and to implement fully the Memorandum of Understanding concluded with the Office of the United Nations High Commissioner for Refugees on 5 November 1993, concerning refugees in Bangladesh;

17. Invites the Government of Myanmar to fully respect its obligations under the Geneva Conventions of 12 August 1949, in particular their common article 3, and to avail itself of such services as may be offered by impartial humanitarian bodies;

18. Stresses that it is important for the Government of Myanmar to give particular attention to prison conditions in the country's jails and to allow international humanitarian organizations to communicate freely and confidentially with prisoners;

19. Welcomes the first measures taken by the Government of Myanmar to provide for the training of military personnel in international humanitarian law and requests it to intensify its efforts in that regard and to extend them to police and prison personnel;

20. Decides to extend for one year the mandate of the Special Rapporteur to establish or continue direct contacts with the Government and people of Myanmar, including political leaders deprived of their liberty, their families and their lawyers, and requests him to report to the General Assembly at its forty-ninth session and to the Commission on Human Rights at its fifty-first session;

21. Urges the Government of Myanmar to cooperate fully and unreservedly with the Commission and the Special Rapporteur and, to that end, to ensure that the Special Rapporteur has effectively free access to any person in Myanmar whom he may deem it appropriate to meet in the performance of his mandate, including Daw Aung San Suu Kyi;

22. Requests the Secretary-General to provide the Special Rapporteur with all necessary assistance;

23. Decides to keep the matter under review at its fifty-first session under the agenda item "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".


66th meeting
9 March 1994
[Adopted without a vote. See chap. XII.]


1994/86. Situation of human rights in Burundi

The Commission on Human Rights,

Guided by the principles set out in the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights,

Reaffirming its complete determination with regard to respect for the principles of the rule of law, which involves democracy, national unity, pluralism and respect for the fundamental rights and freedoms of the individual,

Deeply concerned at the inter-ethnic violence since the attempted coup d'état on 21 October 1993, involving loss of human life and violations of human rights in Burundi,

Concerned about the mass exodus of persons from Burundi who have fled their country to take refuge in neighbouring countries, which increases the number of displaced persons in those host countries, and about the large number of persons displaced within the country,

Particularly convinced that consolidation of democratic gains helps to create a favourable environment for lasting settlement of the ethnic tension that has brought bloodshed to the country over the past 30 years, and enables every citizen of Burundi to take part in the economic and social development of his country,

1. Strongly condemns the brutal and violent break in the democratic process initiated in Burundi, demands an immediate end to acts of violence and calls on all sectors of society, both civilian and military, to respect the Constitution of the country;

2. Invites the international community to continue to lend its political, diplomatic, material and financial support to end the violence, to help the Government of Burundi to find a lasting solution to the ethnic tension and to create conditions to favour the return of the refugees;

3. Is grateful to the States which have given refuge in their diplomatic premises to members of the Government of Burundi, thanks them for the technical assistance they have provided to ensure those persons' safety and also thanks the international community for its humanitarian assistance to the citizens of Burundi during the crisis;

4. Notes with satisfaction that the Secretary-General has responded immediately to this situation by sending a special envoy with a good offices mission so as to facilitate the restoration of the constitutional regime;

5. Welcomes the appointment by the Secretary-General of a Special Representative for Burundi and current efforts aimed at setting up an international mission of inquiry charged with establishing the facts surrounding the attempted coup d'état and the resulting violence and with providing advice to facilitate the efforts of the Government of Burundi and the Organization of African Unity;

6. Commends the efforts made by the Organization of African Unity and the various initiatives taken by associations for the protection of human rights to help the Government of Burundi re-establish democratic institutions, restore confidence and stabilize the situation;

7. Encourages the Government of Burundi in its action to secure participation by all components of the population in the conduct of the political and administrative affairs of the country;

8. Also invites the authorities of Burundi to carry out a prompt inquiry into the violations of human rights resulting from the attempted coup d'état of 21 October 1993, as well as the inter-ethnic massacres, and to bring the persons responsible for these acts of violence before the courts;

9. Requests the Secretary-General to report to it at its fifty-first session on the situation of human rights in Burundi, on the basis of all relevant information;

10. Encourages the Government of Burundi to request technical assistance to strengthen the structures for the promotion and protection of human rights, more particularly through the advisory services programme of the Centre for Human Rights, in close cooperation with the Secretary-General's special representative for Burundi;

11. Decides to consider the situation of human rights in Burundi at its fifty-first session under the agenda item entitled "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".


66th meeting
9 March 1994
[Adopted without a vote. See chap. XII.]


1994/87. Situation of human rights in Zaire

The Commission on Human Rights,

Guided by the principles embodied in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,

Recalling that, under Articles 55 and 56 of the Charter of the United Nations, all States Members of the Organization have an obligation to promote and protect human rights and fundamental freedoms and to cooperate for that purpose,

Noting also its resolution 1993/61 of 10 March 1993,

Recalling that, from 1985 to 1989 and from 1991 to 1993, it examined the situation of human rights in Zaire under the confidential procedure governed by Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970,

Emphasizing that Zaire is a party to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples' Rights, as well as to the International Convention on the Elimination of All Forms of Racial Discrimination,

Reaffirming in this connection the indivisibility of all human rights,

Having examined the reports of the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/1994/7 and Corr.1-2 and Add.1-2), the Special Rapporteur on torture (E/CN.4/1994/31) and the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1994/26 and Corr.1-2 and Add.1),

Concerned about the persistent seriousness of the situation of human rights in Zaire and, in particular, about the use of force during peaceful gatherings, arbitrary arrests and detentions, summary executions, torture and inhuman treatment in detention centres, serious shortcomings in the administration of justice, which is unable to function independently, violations of freedom of opinion and expression and forced population displacements,

Seriously concerned in this connection by the reports of the humanitarian inter-agency evaluation mission and of various non-governmental organizations concerning forced displacements of more than 750,000 persons belonging to ethnic minorities, especially in the provinces of Shaba and Northern Kivu, as well as the heavy loss of human life and numerous other violations of human rights accompanying such displacements,

Reiterating its loathing of all forms of racial or ethnic discrimination,

Stressing that the situation described above is contributing to the worsening of the country's socio-economic and financial situation, in particular that of the most vulnerable groups,

Re-emphasizing the need to put an end to the impunity of persons responsible for human rights violations,

Concerned about the serious obstacles which still stand in the way of the process of democratic transition and wishing to encourage the efforts being made to guarantee the continuation of this process, in full respect for human rights and fundamental freedoms,

1. Deplores the continuing serious violations of human rights and fundamental freedoms in Zaire, particularly the practice of torture and cruel, inhuman and degrading treatment or punishment, arbitrary detention and incommunicado detention, inhuman and degrading prison conditions, especially in the detention centres administered by the army, enforced disappearances, summary and arbitrary executions of persons who have exercised their right to freedom of opinion and expression, and denial of the right to a fair trial;

2. Notes with indignation that the army and the security services have used force against unarmed civilians;

3. Calls for the cessation of intimidation measures and reprisals against prominent political figures;

4. Condemns the practice of forced population displacements, particularly in Northern Kivu and Shaba, for which the authorities bear primary responsibility;

5. Condemns all discriminatory measures affecting persons belonging to minority groups;

6. Calls for full observance of the right to freedom of opinion and expression and freedom of association, assembly and peaceful demonstration;

7. Recommends that the thematic rapporteurs and working groups of the Commission should continue to keep a close watch on the situation of human rights in Zaire;

8. Invites the Chairman of the Commission to appoint, after consultations with the Bureau, a special rapporteur mandated to establish direct contacts with the authorities and the people of Zaire;

9. Requests the Special Rapporteur to report to the Commission, at its fifty-first session, on the basis of any information which might be gathered on the situation of human rights in Zaire, including information supplied by non-governmental organizations;

10. Decides to consider the question again at its fifty-first session under the agenda item "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".


66th meeting
9 March 1994
[Adopted without a vote. See chap. XII.]


1994/88. Situation of human rights in Angola

The Commission on Human Rights,

Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights,

Recalling the Vienna Declaration and the Programme of Action (A/CONF.157/23) adopted by the World Conference on Human Rights, and noting the resolution on the situation in Angola adopted by the Council of Ministers of the Organization of African Unity at its 59th ordinary session,

Deeply concerned about the grave humanitarian situation, the serious deterioration of human rights, and the destruction of basic infrastructures as a result of the continuing hostilities in Angola,

Recalling the relevant Security Council resolutions and stressing the importance it attaches to the acceptance by the National Union for the Total Independence of Angola without reservations, as requested by the Security Council, of the results of the democratic elections of 29 and 30 September 1992, held under United Nations supervision and to its abiding fully by the Peace Accords for Angola, and the relevant Security Council resolutions,

Noting that the Angolan Constitution guarantees civil, political, economic, social and cultural rights and fundamental freedoms in Angola, and stressing the need for full implementation of the Constitution,

Welcoming the continuing direct negotiations at Lusaka under the auspices of the United Nations, and the ongoing efforts of the Government of Angola and the National Union for the Total Independence of Angola to reach a negotiated settlement,

Commending the effort of the Secretary-General and his Special Representative aimed at the earliest resolution of the Angolan crisis through negotiation within the framework of the Peace Accords and relevant Security Council resolutions,

1. Strongly supports the process of democratization in Angola and further encourages the Government of Angola to pursue full promotion and protection of human rights and fundamental freedoms in Angola;

2. Encourages the Government of Angola to make use of the advisory services and programme of technical assistance of the Centre for Human Rights and requests the Centre to respond favourably;

3. Reaffirms its support of the ongoing direct negotiations at Lusaka and commends the Government of Zambia for hosting the negotiations;

4. Stresses the importance of a speedy conclusion of a negotiated settlement, calls upon both parties to honour the commitments already made by them and urges them to exercise maximum restraint and to stop immediately all military actions in order to prevent further violation of human rights and suffering on the part of the civilian population of Angola and damage to the economic and social infrastructure of Angola and equally refrain from action impeding the delivery of humanitarian aid;

5. Supports the efforts of the Secretary-General and his Special Representative aimed at the earliest resolution of the Angolan crisis through negotiations within the framework of the Peace Accords for Angola and relevant Security Council resolutions;

6. Strongly appeals to all Member States, United Nations agencies and non-governmental organizations to support ongoing efforts undertaken by the Secretary-General to implement the emergency humanitarian assistance plan;

7. Decides to consider this question at its fifty-first session under the agenda item entitled "Advisory services in the field of human rights".


66th meeting
9 March 1994
[Adopted without a vote. See chap. XII.]


1994/89. Situation in Equatorial Guinea

The Commission on Human Rights,

Recalling its resolution 1993/69 of 10 March 1993,

Bearing in mind that, since the appointment of Mr. Fernando Volio Jiménez as Expert in his individual capacity by the Secretary-General, pursuant to Commission on Human Rights resolution 33 (XXXVI) of 11 March 1980, the Government of Equatorial Guinea has received the advisory services of the Expert and the Centre for Human Rights, but that this has led to no improvement in the human rights situation,

Taking into account that, as in the case of the 1980 three-stage Plan (E/CN.4/1495, annex III), which has never been satisfactorily implemented, the Government has neither taken account of the Emergency Plan of Action (E/CN.4/1992/51, para. 125) drawn up by the Expert in 1992, nor implemented satisfactorily the seven points in the aide-mémoire submitted by the United Nations/United Nations Development Programme inter-agency mission in April 1993,

Taking note with satisfaction of the fact that the Government of Equatorial Guinea is a party to the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocols thereto, as well as the Convention on the Elimination of All Forms of Discrimination against Women,

Mindful that it is essential that all the political tendencies and political parties should play an active part in political and social life, in order to ensure the effective transition to a democratic and pluralistic society,

Pointing out that the conditions under which the legislative elections of 21 November 1993 were held did not ensure their transparency or permit the political opposition to participate fully,

Concerned by the fact that there are continued reports that the authorities persist in arbitrarily arresting and detaining political opponents, often subjecting them to torture or cruel, inhuman or degrading treatment, in some cases resulting in their deaths,

Deploring the fact that the Government of Equatorial Guinea has not fully complied with the commitments entered into with the political forces in the National Pact concluded on 18 March 1993,

Taking note with satisfaction of the fact that, on 12 October 1993, the Government took steps to grant pardon and amnesty to a number of prisoners, as suggested by the Special Rapporteur on his first visit to Equatorial Guinea,

Taking note of the report of the Special Rapporteur (E/CN.4/1994/56), in which he notes that serious and persistent violations of human rights and fundamental freedoms continue to occur in Equatorial Guinea,

Aware that it is essential to ensure full observance of human rights and fundamental freedoms in Equatorial Guinea,

1. Expresses its thanks to the Special Rapporteur, Mr. Alejandro Artucio, for his report;

2. Expresses its serious concern at continued reports of the persistence of violations of human rights, such as arbitrary arrests and detentions of political opponents, often accompanied by torture or cruel, inhuman or degrading treatment;

3. Also expresses its concern at the fact that, as in the case of the 1980 Three-Stage Plan, the Government has neither taken account of the new Plan of Action prepared by the Expert in 1992 nor satisfactorily implemented the seven points of the aide-mémoire submitted by the United Nations/ United Nations Development Programme inter-agency mission in April 1993;

4. Deplores the situation and legal and social status of women in Equatorial Guinea, as revealed by the report of the Special Rapporteur;

5. Calls upon the Government of Equatorial Guinea to take all necessary measures to promote the harmonious coexistence of all the ethnic groups making up the society of Equatorial Guinea;

6. Also calls upon the Government of Equatorial Guinea to implement procedures for the release of all persons detained or condemned for political reasons and to adopt, as soon as possible, legislative and administrative measures satisfying the requirements laid down in the International Bill of Human Rights and in other relevant international instruments, with a view to furthering democracy, the rule of law and the observance of the human rights and fundamental freedoms of all inhabitants of Equatorial Guinea;

7. Encourages the Government of Equatorial Guinea to continue the dialogue with all elements of the political opposition, with a view to reaching a consensus on the democratization of Equatorial Guinea;

8. Also encourages the Government of Equatorial Guinea to facilitate the return of exiles and refugees and to adopt measures permitting the full participation of all citizens in the country's political, social and cultural affairs, thus helping to resolve the shortage of specialized personnel;

9. Urges the Government of Equatorial Guinea to invite regional and international human rights bodies to make periodic visits to prisons and civil and military detention centres, without any exceptions;

10. Requests the Secretary-General to provide the Government of Equatorial Guinea with technical assistance in those specific areas suggested by the Special Rapporteur in his report;

11. Decides to renew the mandate of the Special Rapporteur for one year;

12. Requests the Secretary-General to provide the Special Rapporteur with all assistance necessary for the discharge of his mandate;

13. Requests the Special Rapporteur to report to the Commission at its fifty-first session;

14. Decides to consider the question at its fifty-first session under the agenda item "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".


66th meeting
9 March 1994
[Adopted without a vote. See chap. XII.]


1994/90. Need to adopt effective international measures for the
prevention and eradication of the sale of children,
child prostitution and child pornography

The Commission on Human Rights,

Reaffirming the Vienna Declaration and Programme of Action (A/CONF.157/23) adopted by the World Conference on Human Rights, which requires effective measures against female infanticide, harmful child labour, the sale of children and their organs, child prostitution, child pornography and other forms of sexual abuse,

Recalling the Convention on the Rights of the Child, adopted by the General Assembly in its resolution 44/25 of 20 November 1989,

Recalling also the World Declaration on the Survival, Protection and Development of Children in the 1990s and the Plan of Action for its implementation, adopted by the World Summit for Children, held in New York on 29 and 30 September 1990, which establish a solemn commitment of granting priority to the rights of the child and to his or her survival, protection and development, thus contributing to the welfare of every society,

Recognizing the enormous efforts made in this field by the United Nations, particularly the United Nations Children's Fund, the Committee on the Rights of the Child and the Special Rapporteur on the sale of children, child prostitution and child pornography,

Recalling the wide ratification of and accession to the Convention on the Rights of the Child and the important role it plays in ensuring effective protection of the rights of the child,

Recalling also its resolution 1992/74 of 5 March 1992, in which it adopted the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography,

Recalling further its resolutions 1992/76 of 5 March 1992 and 1993/82 of 10 March 1993,

Deeply concerned by the situation of children subjected to the yoke of sale and child prostitution, sexual abuse and other forms of exploitation,

Taking into account the relevant information on the generalization and different forms of exploitation of child labour, such as the use of children for illegal purposes, including drug trafficking,

Dismayed by the persistence of the sale of children and related practices entailing disappearances, fraudulent adoptions, abandonment and abductions for commercial purposes,

Taking into account the necessity that the Special Rapporteur be assisted by the cooperation of Governments and provided with information on this matter,

Recognizing the existence of a market, which encourages the increase of such criminal practices against children,

Bearing in mind the different causes that influence the emergence and persistence of this special circumstance, including poverty, unemployment, hunger, natural disasters, intolerance, exploitation of child labour and armed conflicts, and their harmful effects on the rights of the child and the maintenance of family unity,

Aware of the need to increase international cooperation to eliminate the causes of these evils,

Considering that it is necessary to deploy greater efforts at the national and international levels to promote and protect all the rights of the child everywhere in the world,

Recognizing the need for a continued exchange of information between the various mechanisms and bodies entrusted with the task of preventing and eradicating all practices related to the sale of children, child prostitution and child pornography,

Recalling the conventions and recommendations of the International Labour Organisation related to this question,

Noting the report of the second International Workshop on National Institutions for the Promotion and Protection of Human Rights (E/CN.4/1994/45 and Add.1) and in particular the recommendations contained therein concerning children, and the draft optional protocol to the Convention on the Rights of the Child concerning the elimination of sexual exploitation and trafficking of children,

Bearing in mind the formulation by the General Assembly, in its resolution 48/156 of 20 December 1993, of concrete suggestions on this problem,

Having considered the report of the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/1994/84 and Add.1) and the conclusions and recommendations contained therein,

1. Expresses deep concern at the alarming increase in violations of the rights of the child worldwide, in particular the growing number of incidents related to the sale of children, child prostitution and child pornography;

2. Urges all Governments to seek solutions, as well as ways and means to enhance and ensure international cooperation to eradicate such aberrant practices;

3. Also urges all States to adopt the necessary administrative and legislative measures to eradicate more effectively the practices of the sale of children, child prostitution and child pornography;

4. Recommends to all States to adopt the necessary measures to eliminate the existing market, which encourages the increase of such criminal practices;

5. Reaffirms the essential values of the Convention on the Rights of the Child and of its effective implementation system at the national and international levels as an essential means to prevent and combat situations of sale of children, child prostitution and child pornography;

6. Welcomes the report of the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/1994/84 and Add.1);

7. Endorses the conclusions and recommendations of the Special Rapporteur concerning the strengthening of preventive strategies to tackle the root causes of the sale of children, child prostitution and child pornography;

8. Recognizes the important role that the specialized agencies, the non-governmental organizations and the community at large can play in order to ensure greater awareness and more effective action in preventing the practices of the sale of children, child prostitution and child pornography, including dissemination of information and teaching of the rights of the child;

9. Recalls in this framework the essential importance of ensuring the effective implementation of the Programmes of Action adopted by the Commission on Human Rights for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and for the Elimination of the Exploitation of Child Labour in its resolutions 1992/74 of 5 March 1992 and 1993/79 of 10 March 1993, respectively;

10. Encourages Governments and national and international educational organizations, in particular the United Nations Educational, Scientific and Cultural Organization and the United Nations Children's Fund, to develop programmes for the rights of the child in all areas of formal and non-formal education;

11. Reaffirms the need to strengthen and ensure the effective implementation of the Convention on the Rights of the Child, as well as to provide appropriate remedies in favour of the rights of the child;

12. Encourages the establishment of bodies and institutions, both governmental and non-governmental, which carry out activities in favour of children in the light of children's best interests;

13. Invites the Special Rapporteur to cooperate closely with the Committee on the Rights of the Child and with the Sub-Commission on Prevention of Discrimination and Protection of Minorities and its Working Group on Contemporary Forms of Slavery, as well as with other competent United Nations bodies dealing with questions covered by his mandate, including the Commission on Crime Prevention and Criminal Justice, and the International Criminal Police Organization, and to this effect invites him to participate in the next session of the Committee on the Rights of the Child and of the Working Group on Contemporary Forms of Slavery;

14. Calls upon the Special Rapporteur to request relevant information on situations, wherever they may occur, involving the sale of children, child prostitution and child pornography, as well as other questions related to these problems;

15. Requests the Special Rapporteur, within the framework of his mandate, to continue to pay attention to the economic, social, legal and cultural factors affecting these phenomena;

16. Also requests the Special Rapporteur, within the framework of the above-mentioned reports, to include recommendations on concrete measures by Governments to eradicate the practices of the sale of children, child prostitution and child pornography;

17. Decides to establish an open-ended inter-sessional working group of the Commission on Human Rights responsible for elaborating, as a matter of priority and in close cooperation with the Special Rapporteur and the Committee on the Rights of the Child, guidelines for a possible draft optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, as well as the basic measures needed for their prevention and eradication;

18. Requests the Secretary-General to invite Governments, intergovernmental organizations, the Special Rapporteur, the Committee on the Rights of the Child and non-governmental organizations to send comments on the guidelines for a possible draft optional protocol for consideration by the working group, and to circulate these contributions to Governments in advance of the meeting of the working group;

19. Requests the working group to take into account available documentation and information including, inter alia, the report of the second International Workshop on National Institutions for the Promotion and Protection of Human Rights;

20. Also requests the working group to meet between sessions for a period of two weeks before the fifty-first session of the Commission;

21. Further requests the Secretary-General to provide the working group with all the services it requires for the meeting to be held;

22. Decides to consider, as a matter of priority, at its fifty-first session a specific sub-item entitled "Question of a draft optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, as well as the basic measures needed for their prevention and eradication";

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


[For the text, see chap. I, sect. A, draft resolution II.]
66th meeting
9 March 1994
[Adopted without a vote. See chap. XXII.]


1994/91. Implementation of the Convention on the Rights of the Child

The Commission on Human Rights,

Recalling General Assembly resolutions 47/112 of 16 December 1992 and 48/157 of 20 December 1993, its own resolutions 1993/78 and 1993/83 of 10 March 1993, as well as resolution 1993/5 of 20 August 1993 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,

Reaffirming that the rights of children require special protection and call for continuous improvement of their situation all over the world, as well as for their development and education in conditions of peace and security,

Profoundly concerned that the situation of children in many parts of the world remains critical as a result of inadequate social conditions, natural disasters, armed conflicts, economic and sexual exploitation, illiteracy, hunger and disability, and convinced that urgent and effective national and international action is called for,

Recalling that the Geneva Conventions of 12 August 1949 and the two Additional Protocols thereto of 1977, as well as article 38 of the Convention on the Rights of the Child, accord children special treatment,

Aware of the need to enhance international cooperation to prevent the involvement of children in armed conflicts,

Urging States parties to comply strictly with their obligations under article 38 of the Convention on the Rights of the Child,

Mindful of the important role of the United Nations Children's Fund and of the United Nations in promoting the well-being of children and their development,

Convinced that the Convention on the Rights of the Child, as a decisive standard-setting accomplishment of the United Nations in the field of human rights, makes a fundamental contribution to protecting the rights of children and ensuring their well-being,

Having considered the report of the Secretary-General on the status of the Convention on the Rights of the Child (E/CN.4/1994/83),

Encouraged by the fact that an unprecedented number of States have to date become signatories and parties to the Convention, thereby demonstrating the widespread commitment that exists to strive for the promotion and protection of the rights of the child,

Mindful of the recommendation contained in the Vienna Declaration and Programme of Action (A/CONF.157/23), part II, paragraph 46, adopted by the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, that measures be taken to achieve universal ratification of the Convention by 1995, as well as its effective implementation,

Seriously concerned about those reservations to the Convention which are contrary to international treaty law, and recalling that in the Vienna Declaration and Programme of Action, the World Conference on Human Rights urged States to withdraw reservations to the Convention contrary to the object and purpose of the Convention or otherwise contrary to international treaty law,

1. Takes note with appreciation of the report of the Secretary-General on the status of the Convention on the Rights of the Child (E/CN.4/1994/83);

2. Expresses its satisfaction at the number of States that have signed, ratified or acceded to the Convention since it was opened for signature, ratification and accession on 26 January 1990, and calls upon all States that have not done so to sign, ratify or accede to the Convention as a matter of priority;

3. Requests the Secretary-General to continue to provide all facilities and assistance necessary for the dissemination of information on the Convention and its implementation with a view to promoting its universal ratification by 1995, as well as to promote the full realization of its principles and provisions;

4. Expresses its alarm at persistent reports that massive violations of the rights of the child continue worldwide;

5. Urges States parties to take immediate steps to ensure strict compliance with their obligations under the Convention, including the timely submission of their reports to the Committee on the Rights of the Child, in the light of the guidelines elaborated for that purpose (CRC/C/5);

6. Recognizes the important functions of the Committee in overseeing the effective implementation of the Convention and promoting a deeper understanding of its principles and provisions;

7. Welcomes the constructive and useful results achieved by the Committee during its first five sessions;

8. Takes note of the continued consideration by the Committee of the initial reports submitted by the States parties;

9. Urges States parties to the Convention that have made reservations to review the compatibility of their reservations with article 51 of the Convention and other relevant rules of international law, with a view to considering their withdrawal;

10. Welcomes the consideration by the Committee of the reservations and declarations entered by States parties to the Convention when examining the reports of the States parties;

11. Recalls the recommendation contained in the Vienna Declaration and Programme of Action (A/CONF.157/23) that the Committee study the question of raising the minimum age of recruitment into the armed forces;

12. Notes with appreciation the work done by the Committee on this issue, and in particular the preliminary draft optional protocol to the Convention on involvement of children in armed conflicts (E/CN.4/1994/91);

13. Decides to establish an open-ended inter-sessional working group of the Commission on Human Rights to elaborate, as a matter of priority, a draft optional protocol to the Convention on the Rights of the Child, using as one basis for its discussions the above-mentioned preliminary draft optional protocol submitted by the Committee on the Rights of the Child;

14. Invites all Governments, specialized agencies and non-governmental organizations to participate in the activities of the working group;

15. Requests the working group to meet for a period of two weeks prior to the fifty-first session of the Commission;

16. Requests the Secretary-General to invite Governments, intergovernmental organizations, the Committee on the Rights of the Child and the expert on the situation of children in armed conflicts, to be appointed by the Secretary-General pursuant to General Assembly resolution 48/157 of 20 December 1993, as well as non-governmental organizations, to send comments on the preliminary draft optional protocol for consideration by the working group, and to circulate these contributions to Governments in advance of the meeting of the working group;

17. Expresses deep concern at the continued exploitation and abuse of children, requiring effective measures against, in particular, the sale of children, child prostitution and child pornography;

18. Notes the concern voiced by the Committee about the economic exploitation of children, and takes note with interest of the set of recommendations adopted by the Committee on the issue at its fifth session;

19. Expresses concern at the increasingly heavy workload of the Committee on the Rights of the Child and the resulting difficulties faced by it in the fulfilment of its functions;

20. Requests the Secretary-General to continue to ensure the provision of appropriate staff and facilities for the effective and expeditious performance of the functions of the Committee on the Rights of the Child;

21. Welcomes General Assembly resolution 48/157 of 20 December 1993, in which the Assembly requested the Secretary-General to appoint an expert to undertake a comprehensive study on the protection of children in armed conflicts, including the participation of children in armed conflict, as well as the relevance and adequacy of existing standards, and to make specific recommendations on ways and means to prevent children from being affected by armed conflicts and to improve the protection of children in armed conflicts, and on measures to ensure effective protection of these children;

22. Requests, in the light of General Assembly resolution 48/157, States Members of the United Nations and United Nations bodies and organizations, as well as other relevant intergovernmental and non-governmental organizations, to contribute to the study;

23. Invites bodies and organizations of the United Nations system, as well as intergovernmental and non-governmental organizations, to intensify their efforts with a view to disseminating information on the Convention and promoting its understanding;

24. Requests the Secretary-General to submit a report on the implementation of the Convention on the Rights of the Child to the Commission at its fifty-first session;

25. Decides to consider the report of the Secretary-General at its fifty-first session under the agenda item "Rights of the child".

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


[For the text, see chap. I, sect. A, draft resolution III.]
66th meeting
9 March 1994
[Adopted without a vote. See chap. XXII.]


1994/92. Special Rapporteur on the sale of children,
child prostitution and child pornography

The Commission on Human Rights,

Recalling its resolution 1990/68 of 7 March 1990, in which it decided to appoint a special rapporteur to consider matters relating to the sale of children, child prostitution and child pornography,

Recalling also Economic and Social Council decision 1990/240 of 25 May 1990, by which the Council decided to request the Chairman of the Commission to appoint a special rapporteur to consider matters relating to the sale of children, child prostitution and child pornography, including the problem of the adoption of children for commercial purposes,

Recalling further its resolution 1992/76 of 5 March 1992, by which the Commission decided to extend the mandate of the Special Rapporteur for three years, while maintaining the annual reporting cycle,

Recalling the wide ratification of and accession to the Convention on the Rights of the Child and the meaningful role it can play in ensuring an effective promotion and protection of the rights of children,

Also recalling its adoption of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, in its resolution 1992/74 of 5 March 1992, as well as of the Programme of Action for the Elimination of the Exploitation of Child Labour in its resolution 1993/79 of 10 March 1993,

Welcoming the Vienna Declaration and Programme of Action (A/CONF.157/23) adopted by the World Conference on Human Rights, and the importance attached therein to the areas covered by the mandate of the Special Rapporteur,

Bearing in mind that the General Assembly, in its resolution 44/82 of 8 December 1989, proclaimed 1994 as International Year of the Family, and recognizing the important role the Commission can play in this regard,

Welcoming the dialogue established between the Special Rapporteur and the Committee on the Rights of the Child, namely in the framework of the general discussion on economic exploitation of children, where areas of common concern were fruitfully discussed,

Deeply concerned, however, about the persistence of the practices of the sale of children, child prostitution and child pornography in many parts of the world, which may also often constitute an exploitation of child labour,

Recognizing the need for a continuing exchange of information between the various mechanisms and bodies entrusted with the task of preventing and combating the situations of the sale of children, child prostitution and child pornography,

Recognizing also the need to build a network of contacts at both the national and international levels, including the governmental and non-governmental spheres,

Taking note with interest of the establishment by the International Criminal Police Organization of the Standing Working Party on Offences against Minors, inspired by the principle of the best interests of the child and pursuing a child victim oriented policy,

Having considered the report of the Special Rapporteur on the sale of children (E/CN.4/1994/84 and Add.1) and the conclusions and recommendations contained therein,

1. Welcomes the report of the Special Rapporteur on the sale of children, child prostitution and child pornography;

2. Endorses the conclusions and recommendations of the Special Rapporteur concerning the strengthening of preventive strategies to tackle the root causes of the sale of children, child prostitution and child pornography;

3. Stresses the need for an effective multidisciplinary approach, both at the international and national levels;

4. Recognizes the important role that specialized agencies, non-governmental organizations and the community at large can play in order to ensure a greater awareness and more effective action in preventing the practices of the sale of children, child prostitution and child pornography, including by the dissemination of information and the teaching of children's rights;

5. Welcomes the recommendation made by the World Conference on Human Rights that matters relating to human rights and the situation of children be regularly reviewed and monitored by all relevant organs and mechanisms of the United Nations system;

6. Recognizes the importance of strengthening the cooperation between international agencies dealing with development aid and assistance in the field of the rights of the child, in particular in the areas covered by the mandate of the Special Rapporteur;

7. Encourages Governments and national and international organizations to ensure a wide dissemination of the Programmes of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and for the Elimination of the Exploitation of Child Labour;

8. Recognizes the important role the media can play in collecting and disseminating information on children's rights, in particular in the areas covered by the mandate of the Special Rapporteur;

9. Emphasizes the importance of ensuring the training on children's rights of those who are involved in actions concerning children, in particular the judiciary and law enforcement officials, and draws the attention of interested Governments to the possibilities offered in this connection by the United Nations through the programme of advisory services in the field of human rights;

10. Encourages Governments, national and international educational organizations, including the United Nations Educational, Scientific and Cultural Organization and the United Nations Children's Fund, to develop programmes for the rights of the child in all areas of formal and non-formal education;

11. Recognizes the importance of promoting the adoption by the business sector of a code of conduct for child protection with a view to preventing and eliminating the sale of children, child prostitution and child pornography;

12. Reaffirms the need for strengthening and ensuring the effective implementation of the legal framework aimed at effectively protecting children's rights, as well as at providing appropriate remedies for children whose rights have been violated;

13. Recognizes the importance of strengthening international cooperation, including through the adoption of bilateral and multilateral measures, in order to prevent and combat situations of the sale of children, child prostitution and child pornography;

14. Encourages the establishment of bodies and institutions, both governmental and non-governmental, acting on behalf of the child in the light of his or her best interests;

15. Also encourages Governments, national police and other law enforcement authorities to work closely with the International Criminal Police Organization, particularly its Standing Working Party on Offences against Minors, to identify cases relevant to the Special Rapporteur's mandate and to ensure that effective action is taken to prevent and remedy criminal and other acts which give rise to child abuse and exploitation;

16. Endorses the recommendation of the Special Rapporteur that States give urgent consideration to the establishment of a national focal point to gather information and to coordinate action on children's rights, including in the field of the sale of children, child prostitution and child pornography;

17. Takes note with appreciation of the information provided by the Special Rapporteur on these areas as well as on the methods of work he has established;

18. Requests the Special Rapporteur, within the framework of his mandate, to continue to pay particular attention to areas which are still insufficiently documented, and takes note of the short-, medium- and long-term priorities, reflected in his recommendations to the Commission, in the areas of the prevention of sale of children, child prostitution and child pornography and the protection and rehabilitation of the victims;

19. Also requests the Special Rapporteur, in carrying out his mandate, to continue to seek and receive credible and reliable information from Governments, United Nations bodies and intergovernmental and non-governmental organizations;

20. Invites the Special Rapporteur to continue to cooperate closely with the Committee on the Rights of the Child and with the Sub-Commission on Prevention of Discrimination and Protection of Minorities and its Working Group on Contemporary Forms of Slavery, as well as with other competent United Nations bodies dealing with questions covered by his mandate, including the Crime Prevention and Criminal Justice Branch of the Secretariat, and to this effect invites him to participate at the next sessions of those bodies;

21. Appeals to all Governments to cooperate with and assist the Special Rapporteur in the performance of his tasks and to furnish all information requested, including by inviting the Special Rapporteur to undertake country visits;

22. Expresses its thanks to the Governments which have invited the Special Rapporteur to visit their countries and asks them to give all necessary attention to his recommendations and to inform him of any action taken thereon;

23. Requests the Secretary-General to provide all necessary assistance to the Special Rapporteur in order to enable him fully to discharge his mandate and to submit his preliminary report to the General Assembly

at its forty-ninth session and his report to the Commission at its fifty-first session.


66th meeting
9 March 1994
[Adopted without a vote. See chap. XXII.]


1994/93. The plight of street children

The Commission on Human Rights,

Recalling its resolution 1993/81 of 10 March 1993 and General Assembly resolution 48/136 of 20 December 1993,

Welcoming the special attention given to the rights of children in the Vienna Declaration and Programme of Action (A/CONF.157/23), in particular in part I, paragraph 21,

Recalling the Convention on the Rights of the Child as a major contribution to the protection of the rights of all children, including street children,

Reaffirming that children are a particularly vulnerable group in society whose rights require special protection, and that children living under especially difficult circumstances, such as street children, deserve special attention, protection and assistance from their families and communities and as part of national efforts and international cooperation,

Recognizing that all children have the right to health, shelter and education, to an adequate standard of living and to freedom from violence and harassment,

Deeply concerned about the growing number of street children worldwide and the squalid conditions in which these children are often forced to live,

Profoundly concerned that the killing of and violence against street children threaten the most fundamental right of all, the right to life,

Alarmed at continuing serious offences of this nature against street children,

Recognizing the duty and responsibility of Governments to investigate all cases of offences against street children and to punish offenders,

Recognizing also that legislation per se is not enough to prevent violations of human rights, including those of street children, and that Governments should implement their laws and complement legislative measures with effective action, inter alia, in the fields of law enforcement and in the administration of justice, and in social, educational and public health programmes,

Welcoming the efforts made by some Governments to take effective action to address the question of street children,

Welcoming also the publicity given to and the increased awareness of the plight of street children, and the achievements of non-governmental organizations in promoting their rights and in providing practical assistance to improve their situation, and expressing its appreciation of their continued efforts,

Welcoming further the valuable work of the United Nations Children's Fund and its National Committees in reducing the suffering of street children,

Noting with appreciation the important work carried out in this field by the United Nations, in particular the Committee on the Rights of the Child, the Special Rapporteur on the sale of children, child prostitution and child pornography and the United Nations International Drug Control Programme, as well as the International Criminal Police Organization,

Bearing in mind the diverse causes of the emergence and marginalization of street children, including poverty, underdevelopment, rural-to-urban migration, unemployment, broken families, intolerance, exploitation and war, and that such causes are often aggravated and their solution made more difficult by serious socio-economic difficulties,

Bearing in mind that the Vienna Declaration and Programme of Action urged all States, with the support of international cooperation, to address the acute problem of children in especially difficult circumstances and that national and international mechanisms and programmes should be strengthened for the defence and protection of children, including street children,

Recognizing that the prevention and solution of certain aspects of this problem could be facilitated in the context of economic and social development,

1. Expresses grave concern at the continued growth in the number of incidents worldwide and at reports of street children being involved in and affected by serious crime, drug abuse, violence and prostitution;

2. Urges Governments to continue actively to seek comprehensive solutions to tackle the problems of street children and to take measures to restore their full participation in society, and to provide, inter alia, adequate nutrition, shelter, health care and education;

3. Strongly urges all Governments to guarantee the respect for fundamental human rights, particularly the right to life, and to take urgent measures to prevent the killing of street children and to combat torture and violence against street children;

4. Emphasizes that strict compliance with the provisions of the Convention on the Rights of the Child, which is obligatory for States parties, would constitute a significant step towards solving the problems of street children, and calls upon all States that have not done so to become parties to the Convention as a matter of priority;

5. Calls on the international community to support, through effective international cooperation, the efforts of States to improve the situation of street children and encourages States parties to the Convention on the Rights of the Child, in preparing their reports to the Committee on the Rights of the Child, to bear this problem in mind and to consider requesting technical advice and assistance for initiatives aimed at improving the situation of street children, in accordance with article 45 of the Convention;

6. Commends the Committee on the Rights of the Child for the attention it pays in its monitoring activities to the situation of children who, to survive, are forced to live and work in the streets, and reiterates its invitation to the Committee to consider the possibility of a general comment on street children;

7. Recommends that the Committee on the Rights of the Child and other relevant treaty monitoring bodies give attention to this growing problem when examining reports from States parties;

8. Invites Governments, United Nations bodies and organizations and intergovernmental and non-governmental organizations to cooperate with each other to ensure greater awareness and more effective action to solve the problem of street children by, among other measures, initiating and supporting development projects that can have a positive impact on the situation of street children;

9. Calls on special rapporteurs, special representatives and working groups of the Commission on Human Rights and of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, within their mandates, to pay particular attention to the plight of street children;

10. Decides to consider the question further at its fifty-first session under the agenda item entitled "Rights of the child".


66th meeting
9 March 1994
[Adopted without a vote. See chap. XXII.]


1994/94. Effects of armed conflicts on children's lives

The Commission on Human Rights,

Welcoming the promptness with which a large number of States have ratified the Convention on the Rights of the Child, which is evidence of unprecedented mobilization by the international community,

Noting in particular the fundamental importance of every child's inherent right to life, as recognized in article 6 of the Convention,

Reaffirming that this right is to be applied especially in times of armed conflict, when children's lives and physical integrity are particularly threatened,

Noting with interest that the Committee on the Rights of the Child, at its second session, decided to hold its first general discussion on the situation of children in armed conflicts (see CRC/C/10), thereby acknowledging the fundamental importance of this issue for the promotion and protection of children's rights and the role of the Convention in this regard,

Noting with consternation the very large number of innocent civilians who continue to be the victims of all forms of armed conflicts now taking place in the world,

Deploring the continued practice of enlisting children in the armed forces,

Deeply concerned at the alarming figures for deaths and serious injuries entailing life-long disability among children in areas of conflict,

Alarmed at the information that some particularly injurious weapons, especially anti-personnel mines, continue to strike long after conflicts have ended,

Noting with distress that children are often among the main victims of such weapons, and especially of anti-personnel mines,

Fully aware in this respect of the importance of operations for the effective detection, clearance and destruction of unremoved mines, operations that cannot be conducted without resources or special skills, and anxious to promote international cooperation in this field,

Recalling General Assembly resolution 48/7 of 19 October 1993 entitled "Assistance in mine clearance",

Noting the commitments entered into by States in fields pertaining to humanitarian law, and particularly the Geneva Conventions of 12 August 1949 and their Additional Protocols of 1977,

Recalling that, on the basis both of international humanitarian law and of the provisions of the Convention on the Rights of the Child, States must take all possible measures to ensure special protection and suitable care for children affected by an armed conflict,

Emphasizing also the need to ensure the physical and psychological rehabilitation, as well as social reintegration, of children affected by an armed conflict,

Welcoming the Declaration adopted by the International Conference for the Protection of War Victims on 1 September 1993, in which States reaffirmed their responsibilities under the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977,

Recalling also in this regard the specific commitments entered into by States that have ratified the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, and particularly protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, and calling on States to consider ratifying these instruments,

Welcoming General Assembly resolution 48/79 concerning the convening and preparation of a conference to review the Convention, priority being given to the provisions of Protocol II,

Recalling its resolution 1993/83 of 10 March 1993,

Aware that the World Conference on Human Rights, convened at Vienna from 14 to 25 June 1990, strongly supported the idea of a study on the protection of children against the effects of armed conflicts, including protection against indiscriminate use of all weapons of war, especially anti-personnel mines, as indicated in the Vienna Declaration and Programme of Action (A/CONF.157/23), paragraph 50,

Taking note with satisfaction of General Assembly resolution 48/157 entitled "Protection of children affected by armed conflicts",

1. Expresses its deep concern and indignation at the serious consequences of armed conflicts for children directly or indirectly involved, who are often among the main civilian victims of the use of anti-personnel mines;

2. Expresses its gratitude again to the Committee on the Rights of the Child for the views expressed at its second session on the issue of children in armed conflicts, in particular on the need to strengthen preventive measures and to implement effective protection for children, and notes the recommendations made by the Committee at its third session on means of improving the protection of children from the adverse effects of armed conflicts (see CRC/C/16), including the recommendation made to the General Assembly to undertake a study;

3. Welcomes the General Assembly decision to appoint an expert, who, in cooperation with the Centre for Human Rights and the United Nations Children's Fund, will undertake a thorough study of this issue, especially the participation of children in armed conflicts, as well as the relevance and adequacy of existing standards, and will make specific recommendations on means of preventing children from being affected by armed conflicts and of improving protection for children in armed conflicts, and on measures to ensure their effective protection, including protection against indiscriminate use of all weapons of war, especially anti-personnel mines, and to ensure their psychological and physical rehabilitation and social reintegration, taking into account the recommendations of the World Conference on Human Rights and of the Committee on the Rights of the Child;

4. Urges Member States, United Nations bodies and agencies, and the intergovernmental and non-governmental organizations concerned, including the Committee on the Rights of the Child, the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees, the World Health Organization and the International Committee of the Red Cross to contribute to the study;

5. Expresses its particular gratitude to the International Committee of the Red Cross and the United Nations Children's Fund for their efforts to foster awareness of the issue of anti-personnel mines;

6. Encourages efforts to promote international cooperation to assist in the detection and clearance of unremoved mines;

7. Requests all States to render full support for prevention of the indiscriminate use of anti-personnel mines and for protection and assistance for the victims;

8. Invites the relevant organizations of the United Nations system and other intergovernmental organizations to intensify their efforts to ensure that all possible assistance is given to child victims of anti-personnel mines, who are often disabled for life, with a view to their physical and psychological rehabilitation and social reintegration, and also to support to this end the activities of non-governmental organizations in the field;

9. Decides to examine this question, and especially the study referred to in paragraph 3 above, at its fifty-first session under the agenda item entitled "Rights of the child".


66th meeting
9 March 1994
[Adopted without a vote. See chap. XXII.]


1994/95. World Conference on Human Rights

The Commission on Human Rights,

Recalling General Assembly resolution 48/121 of 20 December 1993 entitled "World Conference on Human Rights", in which the Assembly endorsed the Vienna Declaration and Programme of Action (A/CONF.157/23) adopted on 25 June 1993 by the World Conference on Human Rights,

Recalling also the view of the World Conference that the promotion and protection of human rights is a matter of priority for the international community,

Convinced that the World Conference, by the adoption of the Vienna Declaration and Programme of Action, made an important contribution to the promotion and protection of human rights,

Convinced also that all results of the World Conference have to be translated into effective action by States, the competent organs of the United Nations and its family of organizations, and other organizations concerned,

Recognizing the contribution of non-governmental organizations in this respect,

Bearing in mind the recommendation of the World Conference that the Commission on Human Rights, the General Assembly and other organs and agencies of the United Nations system related to human rights consider ways and means for the full implementation, without delay, of all recommendations contained in the Vienna Declaration and Programme of Action,

Bearing in mind also the recommendation of the World Conference that the Commission should review annually progress towards this end,

1. Appreciates the important contribution of the World Conference on Human Rights, convened at Vienna from 14 to 25 June 1993, to the universal promotion and protection of human rights;

2. Welcomes the reaffirmation by the World Conference of the importance of the promotion of universal respect for, and observance and protection of, all human rights and fundamental freedoms in accordance with the Charter of the United Nations;

3. Reaffirms the views of the World Conference on the urgency of eliminating denials and violations of human rights;

4. Recognizes the importance of continued dialogue and cooperation between Governments and non-governmental organizations and the role the Commission has to play in continuing to provide a forum for such dialogue;

5. Calls upon all special representatives, special rapporteurs, independent experts and thematic working groups of the Commission on Human Rights to take fully into account the recommendations contained in the Vienna Declaration and Programme of Action (A/CONF.157/23) within their respective mandates;

6. Requests all special representatives, special rapporteurs, independent experts and thematic working groups of the Commission to include in their reports, where appropriate, a section on the implementation of the recommendations contained in the Vienna Declaration and Programme of Action;

7. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to take fully into account the recommendations contained in the Vienna Declaration and Programme of Action within its mandate and to include in its report the measures undertaken within its mandate to implement these recommendations;

8. Decides to review annually the progress towards the full implementation of the recommendations contained in the Vienna Declaration and Programme of Action, taking into account, inter alia, work undertaken in this respect by the General Assembly and its subsidiary bodies;

9. Requests the High Commissioner for Human Rights to include in his annual report to the Commission a section on the progress towards the full implementation of the recommendations contained in the Vienna Declaration and Programme of Action;

10. Decides to consider this question at its fifty-first session under the appropriate agenda item.


66th meeting
9 March 1994
[Adopted without a vote. See chap. XXIII.]


1994/96. Question of a draft declaration on the right and responsibility of
individuals, groups and organs of society to promote and protect
universally recognized human rights and fundamental freedoms

The Commission on Human Rights,

Recalling its decision 1984/116 of 16 March 1984, by which it established an open-ended working group to draft a declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms,

Recalling also its subsequent resolutions, in particular resolution 1993/92 of 10 March 1993, in which it authorized further meetings of the working group and noted the progress it had achieved,

Recalling further that the World Conference on Human Rights recommended speedy completion and adoption of the draft declaration,

Conscious of the importance of taking into account the opinions of all States and of interested intergovernmental and non-governmental organizations before finalizing the draft declaration,

Noting with satisfaction the progress made by the open-ended working group during its meetings prior to and during the fiftieth session of the Commission,

1. Takes note of the report of the working group (E/CN.4/1994/81);

2. Urges the working group to make every effort to complete its task and submit the draft declaration to the Commission at its fifty-first session;

3. Decides to continue at its fifty-first session its work on the elaboration of the draft declaration;

4. Also decides to make available appropriate meeting time for the working group prior to and during the fifty-first session of the Commission;

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


[For the text, see chap. I, sect. A, draft resolution IV.]
67th meeting
10 March 1994
[Adopted without a vote. See chap. XXI.]


1994/97. Effective functioning of the various mechanisms established for
supervising, investigating and monitoring the implementation
of the treaty obligations entered into by States in regard to
human rights and the implementation of the existing
international standards in this regard

The Commission on Human Rights,

Recalling its resolution 1993/58 of 9 March 1993,

Taking note of the report submitted by the Secretary-General (E/CN.4/1994/42) on the various aspects listed in resolution 1993/58, paragraph 2,

Taking into account the necessity, as expressed in the Vienna Declaration and Programme of Action (A/CONF.157/23), for a continuing adaptation of the United Nations human rights machinery to current and future needs in the promotion and protection of human rights, in particular, through improved coordination, efficiency and effectiveness of the United Nations human rights organs,

Taking into account the need for the appropriate bodies to continue examining and improving the functioning of the various mechanisms established for supervising, investigating and monitoring the implementation of the treaty obligations entered into by States in regard to human rights and the implementation of the existing international standards in this regard,

1. Decides that, in the course of the forthcoming rationalization of the Commission's work, the report of the Secretary-General on this question (E/CN.4/1994/42), prepared in accordance with Commission resolution 1993/58, should be considered;

2. Requests that, when the rationalization of the Commission's work is considered, recommendations should be submitted with a view to improving the functioning, effectiveness, efficiency and coordination of the mechanisms referred to in the present resolution;

3. Also requests that, when the rationalization of the Commission's work is considered, specific recommendations be submitted so that the mechanisms in question can better carry out their work on the basis of the mandates established by the Commission and take due account of the principles of objectivity, impartiality and non-selectivity in discharging those mandates, while at the same time achieving a better rationalization of the work of the United Nations in this sphere and avoiding unnecessary duplication and waste of resources;

4. Decides to consider this question at its fifty-first session under the same agenda item.


68th meeting
10 March 1994
[Adopted without a vote. See chap. XI.]


B. Decisions


1994/101. Organization of work

At its 2nd meeting, on 1 February 1994, the Commission decided, without a vote, to invite the following persons to participate in its meetings:

(a) In connection with item 3: Ms. M. Pinto, independent expert on the situation of human rights in Guatemala; Mr. P. Nikken, independent expert on the situation of human rights in El Salvador;

(b) In connection with item 4: Mr. R. Felber, Special Rapporteur on the Palestinian territories occupied by Israel;

(c) In connection with item 5: Mr. M.L. Balanda, Chairman-Rapporteur of the Ad Hoc Working Group of Experts on southern Africa;

(d) In connection with item 6: Mrs. J.S. Attah, Special Rapporteur of the Sub-Commission on monitoring the transition to democracy in South Africa;

(e) In connection with item 7: Mr. L. Valencia Rodríguez, independent expert on the right to own property;

(f) In connection with item 8: Mr. M. Ennaceur, Chairman-Rapporteur of the Working Group on the Right to Development;

(g) In connection with item 9: Mr. E. Bernales Ballesteros, Special Rapporteur on the question of the use of mercenaries;

(h) In connection with item 10: Mr. L. Joinet, Chairman-Rapporteur of the Working Group on Arbitrary Detention; Mr. A. Hussain, Special Rapporteur on the right to freedom of opinion and expression;

(i) In connection with item 10 (a): Mr. N. Rodley, Special Rapporteur on the question of torture;

(j) In connection with item 10 (c): Mr. I. Tosevski, Chairman-Rapporteur of the Working Group on Enforced or Involuntary Disappearances;

(k) In connection with item 10 (d): Mr. J. Rhenán Segura, Chairman-Rapporteur of the Working Group on a draft optional protocol to the Convention against Torture;

(l) In connection with item 11 (d): Mr. F.M. Deng, representative of the Secretary-General on the question of internally displaced persons;

(m) In connection with item 12: Mr. R. Galindo Pohl, Special Representative on the situation of human rights in the Islamic Republic of Iran; Mr. A. Artucio Rodríguez, Special Rapporteur on the situation of human rights in Equatorial Guinea; Mr. F. Ermacora, Special Rapporteur on the situation of human rights in Afghanistan; Mr. Y. Yokota, Special Rapporteur on the situation of human rights in Myanmar; Mr. C.J. Groth, Special Rapporteur on the situation of human rights in Cuba; Mr. T. Mazowiecki, Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia; Mr. M. van der Stoel, Special Rapporteur on the situation of human rights in Iraq; Mr. T. Bruni Celli, Special Rapporteur on the situation of human rights in Haiti; Mr. G. Biro, Special Rapporteur on the situation of human rights in the Sudan; Mr. B.W. N'diaye, Special Rapporteur on extrajudicial, summary or arbitrary executions;

(n) In connection with item 12 (b): Mr. E.H. Guissé. Chairman of the Working Group on Communications of the Sub-Commission on Prevention of Discrimination and Protection of Minorities; representatives of States in respect of which situations are being considered under item 12 (b);

(o) In connection with item 14: Mr. M. Glèlè-Ahanhanzo, Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia and related intolerance;

(p) In connection with item 17: Mr. A.S. Al-Khasawneh, Chairman of the forty-fifth session of the Sub-Commission;

(q) In connection with item 20: Mr. A. Amor, Special Rapporteur on the question of religious intolerance;

(r) In connection with item 22 (b): Mr. V. Muntarbhorn, Special Rapporteur on the sale of children.


[See chap. III.]


1994/102. Human rights dimensions of population transfer,
including the implantation of settlers
and settlements

At its 41st meeting, on 25 February 1994, the Commission, noting resolution 1993/34 of 25 August 1993 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, decided, without a vote, to endorse:

(a) The request to Mr. Awn Shawkat Al-Khasawneh, as Special Rapporteur, to continue the study on the human rights dimensions of population transfer, including the implantation of settlers and settlements;

(b) The invitation to request the Secretary-General to organize a multidisciplinary expert seminar on the human rights dimensions of population transfer, including the implantation of settlers and settlements, prior to the preparation of the final report, in order to formulate appropriate final conclusions and recommendations;

(c) The request to the Secretary-General to invite Governments, United Nations bodies and intergovernmental and non-governmental organizations concerned to provide the Special Rapporteur with information relevant to the preparation of his reports;

(d) The invitation to request the Special Rapporteur to undertake on-site visits with the consent of the States concerned to diverse, ongoing cases of population transfer selected on the basis of information received for the next report.


[See chap. VII.]


1994/103. Enhancing the work of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities

At its 55th meeting, on 4 March 1994, the Commission decided, without a vote, to request the Sub-Commission on Prevention of Discrimination and Protection of Minorities to reconsider, without prejudice to the independence of the Sub-Commission and its members, its decisions to recommend the new studies and related efforts identified in draft decisions 1, 2, 4, 8 and 13 contained in the report of the Sub-Commission (E/CN.4/1994/2). The Commission also decided that it was unnecessary or premature to make any determination on these studies and related efforts and requested the Sub-Commission to present its recommendations, having due regard for any working papers the experts may wish to prepare without financial implications, to the Commission at its fifty-first session, in so far as appropriate, in the light of the guidelines adopted by the Sub-Commission at its forty-fourth session concerning its methods of work (resolution 1992/8 of 26 August 1992), as well as the need for the Sub-Commission to improve its deliberative processes, to avoid overloading its agenda with materials that are not adequately discussed and to establish priorities in its work, in particular to leave adequate time and resources for the consideration of new developments in the field of human rights.


[See chap. XVII.]


1994/104. Traditional practices affecting the health of
women and children

At its 55th meeting, on 4 March 1994, the Commission, noting resolution 1993/33 of 25 August 1993 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, decided, without a vote, to endorse the recommendation of the Sub-Commission that:

(a) The subject of harmful traditional practices affecting the health of women and children be maintained on the agenda of the Sub-Commission in so far as they constitute violations of human rights within the meaning of the relevant provisions of the International Bill of Human Rights and many other international instruments, in particular the Convention on the Rights of the Child;

(b) The mandate of the Special Rapporteur, Ms. Halima Embarek Warzazi, be extended for one year so as to enable her to submit to the Sub-Commission at its forty-sixth session a plan of action for the elimination of harmful traditional practices affecting the health of women and children, and a report on the regional seminar to take place in Asia;

(c) The Centre for Human Rights provide all the assistance that the Special Rapporteur may require in the exercise of her mandate.


[See chap. XVII.]


1994/105. Cultural and intellectual property of indigenous people

At its 55th meeting, on 4 March 1994, the Commission, noting resolution 1993/44 of 26 August 1993 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, decided, without a vote, to endorse the request to the Special Rapporteur, Mrs. Erica-Irene A. Daes, to expand her study on the protection of the cultural and intellectual property of indigenous people with a view to elaborating draft principles and guidelines for the protection of the heritage of the indigenous people and to submit a preliminary report to the Sub-Commission at its forty-sixth session; requested the Secretary-General to provide the Special Rapporteur with all the assistance necessary for the accomplishment of her task; decided that the title of the study should be "Protection of the heritage of the indigenous people"; and recommended the following draft decision to the Economic and Social Council for adoption:

[For the text, see chap. I,
sect. B, draft decision 33]
[See chap. XVII.]


1994/106. Study on treaties, agreements and other constructive
arrangements between States and indigenous populations

At its 55th meeting, on 4 March 1994, the Commission, noting decision 1993/110 of 26 August 1993 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, decided, without a vote, to authorize the Sub-Commission to reiterate its request to the Special Rapporteur to submit a second progress report on the study to the Working Group at its twelfth session and to the Sub-Commission at its forty-sixth session, and also to request the Secretary-General to give the Special Rapporteur all the assistance necessary to allow him to continue his work, in particular by providing for the specialized research assistance required and for the necessary trips to Geneva for consultation with the Centre for Human Rights; and requested the Economic and Social Council to endorse the above-mentioned decision of the Sub-Commission.


[See chap. XVII.]


1994/107. The right to a fair trial

At its 55th meeting, on 4 March 1994, the Commission, noting resolution 1993/26 of 25 August 1993 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, decided, without a vote, to express its appreciation to the Special Rapporteurs, Mr. Stanislav Chernichenko and Mr. William Treat, for their work on the study entitled "The right to a fair trial: current recognition and measures necessary for its strengthening"; endorsed the request of the Sub-Commission to the Special Rapporteurs to continue their study, taking into account, inter alia, the comments made in the discussion of their preparatory, preliminary and progress reports and to submit to the Sub-Commission, at its forty-sixth session, a final report which should include a set of conclusions and recommendations; decided to consider at its fifty-first session the final report of the Special Rapporteurs including, if appropriate, the desirability of a third optional protocol to the International Covenant on Civil and Political Rights, aimed at guaranteeing under all circumstances the right to a fair trial and a remedy, taking into account the consideration of the Sub-Commission thereon at its forty-sixth session; and recommended the following draft decision to the Economic and Social Council for adoption:

[For the text, see chap. I, sect. B, draft decision 34]
[See chap. X.


1994/108. Situation of human rights in China

At its 65th meeting, on 9 March 1994, the Commission decided, under rule 65, paragraph 2, of the rules of procedure of the functional commissions of the Economic and Social Council, by a roll-call vote of 20 to 16, with 17 abstentions, to take no action on draft resolution E/CN.4/1994/L.83.


[See chap. XII.]


1994/109. Situation of human rights in Jammu and Kashmir

At its 65th meeting, on 9 March 1994, the Commission decided, without a vote, not to take action on draft resolution E/CN.4/1994/L.40.


[See chap. XII.]


1994/110. Question of human rights in Cyprus

At its 66th meeting, on 9 March 1994, the Commission decided, without a vote, to postpone the debate under agenda item 12 (a), entitled "Question of human rights in Cyprus", to its fifty-first session and to give it due priority at that session, it being understood that action required by previous resolutions of the Commission on that subject would continue to remain operative, including the request to the Secretary-General to provide a report to the Commission regarding their implementation.


[See chap. XII.]


1994/111. Organization of the work of the session

At its 69th meeting, on 11 March 1994, the Commission, reaffirming its resolution 1993/98 of 12 March entitled "Rationalization of the work of the Commission", decided to convene an informal, open-ended working group, open to all participants, under the chairmanship of the Chairman of its fiftieth session for a maximum period of 10 working days to discuss:

(a) The reclustering of the Commission's agenda, with a view to proposing a provisional agenda for the fifty-first session;

(b) Organizational matters related to the above, including the organization of work and documentation;

(c) A preliminary inventory of other reforms.

The Commission decided that the work of the working group would be conducted on the basis of consensus, and also decided to request the secretariat to prepare an analysis of the organization of the past three sessions of the Commission, including its fiftieth session, to be used for reference purposes at the meeting of the open-ended working group and to request the Chairman of the working group to report to the Commission at its fifty-first session.


[See chap. III.]


1994/112. Organization of the work of the fifty-first session

At its 69th meeting, on 11 March 1994, the Commission, taking into account its heavy schedule of work and that of its sessional working groups, as well as the need to give adequate consideration to all the items on the agenda, and recalling that in previous years the Economic and Social Council had approved the Commission's request for additional meetings for its thirty-seventh to fiftieth sessions, decided, without a vote: (a) to recommend to the Economic and Social Council that it authorize, if possible within existing financial resources, 40 fully-serviced additional meetings, including summary records, in accordance with rules 29 and 31 of the rules of procedure of the functional commissions of the Economic and Social Council, for the Commission's fifty-first session, and (b) to request the Chairman of the Commission at its fifty-first session to make every effort to organize the work of the session within the time normally allotted, the additional meetings that the Economic and Social Council might authorize to be utilized only if such meetings proved to be absolutely necessary.


[See chap. III.]


III. ORGANIZATION OF THE SESSION


A. Opening and duration of the session

1. The Commission on Human Rights held its fiftieth session at the United Nations Office at Geneva from 31 January to 11 March 1994. It held 69 meetings (E/CN.4/1994/SR.1-69) 1/ during the session.

2. The session was opened by Mr. Mohamed Ennaceur, Chairman of the Commission at its forty-ninth session, who made a statement. The Assistant Secretary-General for Human Rights also addressed the Commission at its 1st meeting.

3. In connection with the fiftieth anniversary of the Commission on Human Rights, the Commission heard a recording of the first session of the Commission on Human Rights, in 1946.

4. The Commission was given a demonstration of the CD-ROM system.


B. Attendance

5. The session was attended by representatives of States members of the Commission, by observers from other States Members of the United Nations, by observers from non-member States and by representatives of the specialized agencies, regional intergovernmental organizations, national liberation movements and non-governmental organizations. An attendance list is given in annex I to the present report.


C. Election of officers

6. At its 1st meeting, on 31 January 1994, the Commission elected the following officers by acclamation:

Chairman: Mr. Peter Paul van Wulfften Palthe (Netherlands)

Vice-Chairmen: Mr. Romulus Neagu (Romania)

Mr. José Urrutia (Peru)

Mr. Minoru Endo (Japan)

Rapporteur: Mr. François-Xavier Ngoubeyou (Cameroon)


D. Agenda

7. Also at its 1st meeting, the Commission had before it the provisional agenda of the fiftieth session (E/CN.4/1994/1/Rev.1 and E/CN.4/1994/1/Add.1 and Add.1/Corr.1 and Add.2-3), 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 provisional agenda considered by the Commission at its forty-ninth session in accordance with paragraph 3 of Economic and Social Council resolution 1894 (LVII).

8. In connection with the adoption of the agenda, the Commission had before it the following documents:

9. At its 16th meeting, on 10 February 1994, the Commission accepted the recommendation of its officers to amend the provisional agenda as set out in document E/CN.4/1994/1/Rev.1, as follows:

(a) The subject of the "International Year of the Family" was incorporated in agenda item 11(e);

(b) The "Follow-up to the World Conference on Human Rights" was incorporated in agenda item 23;

(c) The following agenda items were renumbered accordingly.

10. The agenda, as amended (E/CN.4/1994/1/Rev.2), was adopted without a vote. For the text as adopted, see annex II to the present report.


E. Organization of work

11. At its 2nd meeting, on 1 February 1994, the Commission considered the organization of its work.

12. The Commission had before it the following documents:

13. Bearing in mind the respective priority of the items and the availability of the relevant documentation, the Commission accepted the recommendation of its officers that the following agenda items should be considered concurrently: items 4 and 9; items 5, 6 and 14; items 7, 8, 15 and 16; items 11 and 19; and items 13, 18 and 20. The Commission further agreed to consider the agenda items in the following order: 4, 9; 5, 6, 14; 7, 8, 15, 16; 13, 18, 20; 17; 10; 11, 19; 12 (b); 12; 22, 23; 24; 25; 26.

14. The Commission approved an additional meeting for the open-ended working group on the drafting of a declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms and for the working group on the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

15. At its 2nd meeting, on 1 February 1994, the Commission accepted the recommendation of its officers regarding limitation of the frequency and duration of statements. Members of the Commission were limited to one statement of 15 minutes or two statements of 10 minutes per item. Observers and non-governmental organizations were limited to one statement of 10 minutes per item. Observer States and liberation movements mentioned in reports submitted to the Commission were limited to one statement of 15 minutes or two statements of 10 minutes under the item concerned. It was also agreed that, with regard to rights of reply, the practice followed by the Third Committee of the General Assembly, namely a limitation to two replies, 5 minutes for the first and 3 minutes for the second, at the end of the day, would be observed.

16. At the same meeting, upon the recommendation of its officers, the Commission decided to invite a number of experts, special rapporteurs, special representatives and chairmen-rapporteurs of working groups to participate in the meetings at which their reports were to be considered.

17. For the text of the decision as adopted, see chapter II, section B, decision 1994/101.

18. With respect to its resolutions 1993/93, entitled "Human rights in El Salvador" and 1993/88, entitled "Assistance to Guatemala in the field of human rights", the Commission accepted the recommendation of its officers to postpone the decision as to the agenda item under which the questions would be considered.

19. At the 47th meeting, on 1 March 1994, the independent expert on the situation of human rights in Guatemala, Ms. Mónica Pinto, introduced her report (E/CN.4/1994/10).

20. At the same meeting, the independent expert on human rights in El Salvador, Mr. Pedro Nikken, introduced his report (E/CN.4/1994/11).

21. On 8 March 1994, a draft resolution (E/CN.4/1994/L.103) was submitted by the Chairman, which read as follows:


"Documentation, appointments and related matters

"The Commission on Human Rights,

22. At the 69th meeting, on 11 March 1994, the Chairman withdrew the draft resolution.

23. At the same meeting, the Chairman introduced draft decision E/CN.4/1994/L.104 submitted by himself.

24. The Chairman orally revised the draft decision as follows:

(a) At the beginning of the draft decision, after the words "Commission on Human Rights", the words ",recalling its resolution 1993/98 of 12 March 1993, entitled 'Rationalization of the work of the Commission'" were inserted;

(b) After the words "10 working days to discuss", the words "in the following order" were deleted;

(c) In subparagraph (a), the words "deciding upon" were replaced by the word "proposing";

(d) In the second paragraph, before the words "also decides to request", the words "decides that the work of the working group will be conducted on the basis of consensus, and" were inserted;

(e) At the end of the second paragraph, the words ", and to request the chairman of the working group to report to the Commission at its fifty-first session" were added.

25. The representative of the Islamic Republic of Iran proposed that the draft decision be amended by replacing the word "recalling" in the text as orally revised by the Chairman with the word "reaffirming", and by deleting the word "possible" in subparagraph (c).

26. Statements in connection with the draft decision, as orally revised, and the amendments proposed by the representative of the Islamic Republic of Iran were made by the representatives of Bangladesh, Brazil, Cameroon, Canada, Chile, China, Finland, Indonesia, Kenya, Malaysia, Nigeria, Pakistan, Peru, the Syrian Arab Republic, the United States of America and Uruguay.

27. The draft decision, as orally revised and amended, was adopted without a vote.

28. For the text as adopted, see chapter II, section B, decision 1994/111.

29. At the same meeting, the Chairman orally proposed a draft decision concerning the organization of work for the fifty-first session of the Commission.

30. The draft decision was adopted without a vote.

31. For the text as adopted, see chapter II, section B, decision 1994/112.


F. Meetings, resolutions and documentation

32. Of the 69 meetings held by the Commission, five were extended to the equivalent of 10 additional meetings.

33. The resolutions and decisions adopted by the Commission at the session are contained in chapter II of the present report. Draft resolutions and decisions for action by the Economic and Social Council are set out in chapter I.

34. Annex III contains estimates of the administrative and programme budget implications of resolutions and decisions of the Commission, prepared in accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council.

35. Annex IV contains a list of documents issued for the fiftieth session of the Commission.


G. Visits

36. At the 2nd meeting, on 1 February 1994, Mr. Yasser Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization, addressed the Commission.

37. At the same meeting, Ms. Benazir Bhutto, Prime Minister of Pakistan, addressed the Commission. At the 3rd meeting, on 1 February 1994, statements in exercise of the right of reply were made by the representatives of India and Pakistan.

38. At the 3rd meeting, on 1 February 1994, Mr. Georges Papandreou, Deputy Minister for Foreign Affairs of Greece, addressed the Commission on behalf of the European Union.

39. At the 4th meeting, on 2 February 1994, Mr. Heikki Haavisto, Minister for Foreign Affairs of Finland, addressed the Commission.

40. At the 6th meeting, on 3 February 1994, Mr. Manmohan Singh, Minister of Finance of India, addressed the Commission.

41. At the 7th meeting, on 3 February 1994, Mrs. Lucette Michaux-Chevry, Minister-Delegate for Humanitarian Activities and Human Rights of France, addressed the Commission.

42. At the 12th meeting, on 8 February 1994, Mr. D. Hogg, Minister of State for Foreign and Commonwealth Affairs of the United Kingdom of Great Britain and Northern Ireland, addressed the Commission.

43. At the 13th meeting, on 8 February 1994, Mr. M. Salaverría, Minister for Foreign Affairs of El Salvador, addressed the Commission.

44. At the 14th meeting, on 9 February 1994, Mr. A. Mock, Federal Minister for Foreign Affairs of Austria, addressed the Commission.

45. At the same meeting, Mrs. S. Ogata, United Nations High Commissioner for Refugees, addressed the Commission.

46. At the 16th meeting, on 10 February 1994, Mr. P.H. Kooijmans, Minister for Foreign Affairs of the Netherlands, addressed the Commission.

47. At the 17th meeting, on 10 February 1994, Mr. S. Daskalov, Minister for Foreign Affairs of Bulgaria, addressed the Commission.

48. At the same meeting, Mr. Shimon Peres, Minister for Foreign Affairs of Israel, addressed the Commission.

49. At the 18th meeting, on 11 February 1994, Mr. G. Chicoti, Deputy Minister for Foreign Affairs of Angola, addressed the Commission.

50. At the 20th meeting, on 14 February 1994, Mr. F. Vega Santa-Gadea, Minister for Justice of Peru, addressed the Commission.

51. At the 27th meeting, on 17 February 1994, Mr. M.S. Alsahaf, Minister for Foreign Affairs of Iraq, addressed the Commission.

52. At the same meeting, Mr. H. Algabid, Secretary-General of the Organization of the Islamic Conference, addressed the Commission. At the 29th meeting, on 17 February 1994, the representative of India made a statement in exercise of the right of reply.

53. At the 28th meeting, on 17 February 1994, Mr. Girma Wakjira, Chief Special Prosecutor of Ethiopia, addressed the Commission.

54. At the 30th meeting, on 18 February 1994, Mr. Nguyen Ngoc Hien, Deputy Minister for Justice of Viet Nam, addressed the Commission.

55. At the 34th meeting, on 22 February 1994, Mrs. G. Mongella, Secretary-General of the Fourth World Conference on Women, addressed the Commission.

56. At the 38th meeting, on 24 February 1994, Mr. Mate Granic, Deputy Prime Minister and Minister for Foreign Affairs of the Republic of Croatia, addressed the Commission.

57. At the same meeting, Mr. Stojan Andov, President of the Assembly of the former Yugoslav Republic of Macedonia, addressed the Commission.

58. At the 43rd meeting, on 28 February 1994, Mr. Habib Ben Yahia, Minister for Foreign Affairs of Tunisia, addressed the Commission.

59. At the 46th meeting, on 1 March 1994, Mr. Gabriel Roreg, Minister of State for Foreign Affairs of Sudan, addressed the Commission.

60. At the same meeting, Mr. Jean-Marie Ngendahayo, Minister of State of Burundi, addressed the Commission.

61. At the 49th meeting, on 2 March 1994, Mr. J.-B. Aristide, President of the Republic of Haiti, addressed the Commission.

62. At the 50th meeting, on 2 March 1994, Mr. Ieng Mouly, Minister for Information of Cambodia, addressed the Commission.

63. At the 52nd meeting, on 3 March 1994, Mr. José Ayala Lasso, United Nations High Commissioner for Human Rights, addressed the Commission.


IV. QUESTION OF THE VIOLATION OF HUMAN RIGHTS IN THE
OCCUPIED ARAB TERRITORIES, INCLUDING PALESTINE

64. The Commission considered agenda item 4 at its 3rd to 8th meetings, on 1 to 4 February, concurrently with item 9 (see chap. IX), and at its 30th meeting, on 18 February 1994. 1/

65. The Commission had before it the following documents:

66. At the 4th meeting, on 2 February 1994, Mr. René Felber, Special Rapporteur on the human rights situation in the Palestinian territories occupied since 1967, introduced his report (E/CN.4/1994/14) to the Commission.

67. In the general debate on agenda item 4, statements 3/ were made by the following members of the Commission: Australia (6th), Austria (3rd), Bangladesh (7th), Brazil (4th), Bulgaria (7th), Canada (4th), China (4th), Cuba (6th), Cyprus (6th), India (5th), Indonesia (5th), Japan (6th), Libyan Arab Jamahiriya (7th), Malaysia (6th), Mauritania (7th), Nigeria (7th), Pakistan (8th), Poland (6th), Republic of Korea (7th), Russian Federation (7th), Sudan (4th), Syrian Arab Republic (4th), United States of America (7th).

68. The Commission also heard statements by the observers for: Algeria (5th), Greece (on behalf of the European Union) (4th), Israel (7th), Morocco (4th), Norway (on behalf of Denmark, Finland, Iceland, Norway and Sweden) (6th), Oman (7th), Senegal (7th), Turkey (6th).

69. The Commission also heard statements by the following non-governmental organizations: Amnesty International (3rd), Centre Europe-Tiers Monde (5th), International Commission of Jurists (4th), International Confederation of Free Trade Unions (3rd), International Fellowship of Reconciliation (3rd), International League for the Rights and Liberation of Peoples (5th), Pax Christi International (6th), World Islamic Call Society (7th), World Organization against Torture (3rd).

70. At its 30th meeting, on 18 February 1994, the Commission took up consideration of the draft resolutions submitted under agenda item 4.

71. The observer for Greece introduced draft resolution E/CN.4/1994/L.3, sponsored by Belgium*, Denmark*, France, Germany, Greece*, Ireland*, Italy, Luxembourg*, the Netherlands, Portugal*, Spain*, and the United Kingdom of Great Britain and Northern Ireland. Australia, Finland, Iceland*, Japan, Liechtenstein*, Malta*, New Zealand*, Norway*, Sweden* and Switzerland* subsequently joined the sponsors.

72. The representative of the United States of America made a statement on the draft resolution.

73. At the request of the representative of the United States of America, a roll-call vote was taken on the draft resolution.

74. The draft resolution was adopted by 49 votes to 1, with 1 abstention. The voting was as follows:

In favour: Angola, Australia, Austria, Bangladesh, Barbados, Brazil, Bulgaria, Cameroon, Canada, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Ecuador, Finland, France, Gabon, Germany, Hungary, India, Indonesia, Iran (Islamic Republic of), Italy, Japan, Kenya, Lesotho, Malawi, Malaysia, Mauritania, Mexico, Netherlands, Nigeria, Pakistan, Peru, Poland, Republic of Korea, Romania, Russian Federation, Sri Lanka, Sudan, Syrian Arab Republic, Togo, Tunisia, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela.

Against: United States of America.

75. Statements in explanation of vote after the vote were made by the representatives of the Libyan Arab Jamahiriya and the Syrian Arab Republic.

76. For the text as adopted, see chapter II, section A, resolution 1994/1.

77. At the same meeting, the representative of the Syrian Arab Republic introduced draft resolution E/CN.4/1994/L.4, sponsored by Afghanistan*, Algeria*, Bahrain*, Cuba, India, Indonesia, Iran (Islamic Republic of), Iraq*, Kuwait*, Lebanon*, the Libyan Arab Jamahiriya, Madagascar*, Malaysia, Mauritania, Morocco*, Oman*, Pakistan, Qatar*, Saudi Arabia*, Senegal*, Sri Lanka, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates*, Viet Nam* and Yemen*.

78. Statements in explanation of vote before the vote were made by the representatives of Cyprus and the United States of America.

79. At the request of the representative of the United States of America, a roll-call vote was taken on the draft resolution.

80. The draft resolution was adopted by 25 votes to 1, with 25 abstentions.

In favour: Angola, Bangladesh, Brazil, Chile, China, Colombia, Costa Rica, Cuba, Cyprus, India, Indonesia, Iran (Islamic Republic of), Lesotho, Libyan Arab Jamahiriya, Malaysia, Mauritania, Mexico, Nigeria, Pakistan, Republic of Korea, Sri Lanka, Sudan, Syrian Arab Republic, Tunisia, Venezuela.

Against: United States of America.

Abstaining: Australia, Austria, Barbados, Bulgaria, Cameroon, Canada, Côte d'Ivoire, Ecuador, Finland, France, Gabon, Germany, Hungary, Italy, Japan, Kenya, Malawi, Netherlands, Peru, Poland, Romania, Russian Federation, Togo, United Kingdom of Great Britain and Northern Ireland, Uruguay.

81. Statements in explanation of vote after the vote were made by the representatives of Colombia, Japan, Mexico, Nigeria, the Republic of Korea and the Russian Federation.

82. For the text as adopted, see chapter II, section A, resolution 1994/2.

83. At the same meeting, the representative of the Sudan introduced two draft resolutions, A and B (E/CN.4/1994/L.5), sponsored by Algeria*, Bahrain*, China, Cuba, Indonesia, Jordan*, Malaysia, Mauritania, Morocco*, Oman*, Pakistan, Qatar*, Saudi Arabia*, Senegal*, Sri Lanka, the Sudan, Tunisia, the United Arab Emirates* and Yemen*. India subsequently joined the sponsors.

84. A statement in explanation of vote before the vote was made by the representative of the United States of America.

85. At the request of the representative of the United States of America, a roll-call vote was taken on draft resolution A.

86. Draft resolution A was adopted by 26 votes to 3, with 23 abstentions. The voting was as follows:

In favour: Angola, Bangladesh, Brazil, Cameroon, Chile, China, Colombia, Cuba, Cyprus, Gabon, India, Indonesia, Iran (Islamic Republic of), Lesotho, Libyan Arab Jamahiriya, Malaysia, Mauritania, Mexico, Nigeria, Pakistan, Republic of Korea, Sri Lanka, Sudan, Syrian Arab Republic, Tunisia, Venezuela.

Against: Bulgaria, Russian Federation, United States of America.

Abstaining: Australia, Austria, Barbados, Canada, Costa Rica, Côte d'Ivoire, Ecuador, Finland, France, Germany, Hungary, Italy, Japan, Kenya, Malawi, Mauritius, Netherlands, Peru, Poland, Romania, Togo, United Kingdom of Great Britain and Northern Ireland, Uruguay.

87. Statements in explanation of vote after the vote were made by the representatives of Bulgaria, Colombia, the Islamic Republic of Iran, Japan, the Libyan Arab Jamahiriya, the Netherlands, the Republic of Korea, the Russian Federation and the Syrian Arab Republic.

88. For the text as adopted, see chapter II, section A, resolution 1994/3 A.

89. At the request of the representative of the United States of America, a roll-call vote was taken on draft resolution B.

90. Draft resolution B was adopted by 26 votes to 1, with 25 abstentions.

The voting was as follows:

In favour: Angola, Bangladesh, Brazil, Cameroon, Chile, China, Colombia, Cuba, Cyprus, Gabon, India, Indonesia, Lesotho, Libyan Arab Jamahiriya, Iran (Islamic Republic of), Malaysia, Mauritania, Mexico, Nigeria, Pakistan, Republic of Korea, Sri Lanka, Sudan, Syrian Arab Republic, Tunisia, Venezuela.

Against: United States of America.

Abstaining: Australia, Austria, Barbados, Bulgaria, Canada, Costa Rica, Côte d'Ivoire, Ecuador, Finland, France, Germany, Hungary, Italy, Japan, Kenya, Malawi, Mauritius, Netherlands, Peru, Poland, Romania, Russian Federation, Togo, United Kingdom of Great Britain and Northern Ireland, Uruguay.

91. Statements in explanation of vote after the vote were made by the representatives of Colombia, Japan, the Libyan Arab Jamahiriya, the Netherlands, the Republic of Korea and the Syrian Arab Republic.

92. For the text as adopted, see chapter II, section A, resolution 1994/3 B.


V. VIOLATIONS OF HUMAN RIGHTS IN SOUTHERN AFRICA:
REPORT OF THE AD HOC WORKING GROUP OF EXPERTS


93. The Commission considered agenda item 5 concurrently with items 6 and 14 (see chaps. VI and XIV) at its 8th to 12th meetings, on 4 to 8 February, and at its 31st meeting, on 18 February 1994. 1/

94. The Commission had before it the following documents:

95. At its 8th meeting, on 4 February 1994, the Chairman-Rapporteur of the Ad Hoc Working Group of Experts on southern Africa, Mr. Mijuin Leliel Balanda, introduced the Ad Hoc Working Group's interim report.

96. In the general debate on item 5, statements 3/ were made by the following members of the Commission: Australia (11th), Austria (8th), Bangladesh (11th), Brazil (8th), Bulgaria (11th), Canada (8th), Chile (10th), China (10th), Cuba (11th), Cyprus (11th), Finland (on behalf of Denmark, Finland, Iceland, Norway and Sweden) (11th), Hungary (9th), India (11th), Indonesia (10th), Japan (10th), Kenya (11th), Malawi (11th), Malaysia (10th), Mauritania (9th), Nigeria (9th), Pakistan (11th), Republic of Korea (11th), Russian Federation (10th), Sudan (9th), Syrian Arab Republic (11th), Tunisia (on behalf of the African Group) (9th), United States of America (11th), Venezuela (11th).

97. The Commission also heard statements by the observers for: Algeria (11th), Egypt (12th), Greece (on behalf of the European Union) (8th), Morocco (10th), Senegal (11th), the United Republic of Tanzania (11th), Zimbabwe (10th).

98. The observer for the African National Congress (12th) and the observer for the Pan Africanist Congress of Azania (8th) made statements.

99. The Commission also heard a statement by the observer for the United Nations Volunteers programme (10th).

100. The Commission also heard statements by the following non-governmental organizations: African Association of Education for Development (12th), Amnesty International (9th), International Commission of Jurists (10th), International Confederation of Free Trade Unions (9th).

101. At the 12th meeting, on 8 February 1994, the Chairman-Rapporteur of the Ad Hoc Working Group of Experts on southern Africa, Mr. Mijuin Leliel Balanda, presented the Working Group's final comments.

102. At its 31st meeting, on 18 February 1994, the Commission took up consideration of the draft resolution submitted under agenda item 5.

103. On 14 February 1994, a draft resolution (E/CN.4/1994/L.12) had been submitted by Algeria*, Bangladesh, Barbados, Cameroon, China, Cuba, the Democratic People's Republic of Korea*, Ethiopia*, Gabon, Ghana*, Indonesia, the Islamic Republic of Iran, Iraq*, Kenya, Lesotho, the Libyan Arab Jamahiriya, Madagascar*, Malawi, Malaysia, Mauritania, Myanmar*, Nigeria, Rwanda*, Senegal*, the Sudan, the Syrian Arab Republic, Togo, Tunisia, the United Republic of Tanzania*, Zambia* and Zimbabwe*. The draft resolution read as follows:


"Situation of human rights in South Africa

104. At its 31st meeting, on 18 February 1994, the observer for the United Republic of Tanzania introduced a revised draft resolution (E/CN.4/1994/L.12/Rev.1) with the same sponsors as draft resolution E/CN.4/1994/L.12. Australia, Finland, Iceland*, Ireland*, Norway*, Swaziland* and Sweden* subsequently joined the sponsors.

105. The observer for the United Republic of Tanzania orally revised the draft resolution as follows:

In the sixteenth preambular paragraph, the word "Justice" after the words "the Minister of" was replaced by "Law".

106. In accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, the attention of the Commission was drawn to an estimate of the administrative and programme budget implications 2/ of the draft resolution.

107. The draft resolution, as orally revised, was adopted without a vote.

108. For the text as adopted, see chapter II, section A, resolution 1994/10.


VI. ADVERSE CONSEQUENCES FOR THE ENJOYMENT OF HUMAN RIGHTS
OF POLITICAL, MILITARY, ECONOMIC AND OTHER FORMS OF
ASSISTANCE GIVEN TO THE RACIST AND COLONIALIST
REGIME IN SOUTH AFRICA


109. The Commission considered agenda item 6 concurrently with items 5 and 14 (see chaps. V and XIV), at its 8th to 12th meetings on 4 to 8 February, and at its 30th meeting on 18 February 1994. 1/

110. The Commission had before it the following documents:

Note by the Secretary-General (E/CN.4/1994/16);

111. At its 8th meeting, on 4 February 1994, Mrs. Judith Sefi Attah, Special Rapporteur, introduced her preliminary report on monitoring the transition to democracy in South Africa.

112. In the general debate on agenda item 6, statements 3/ were made by the following members of the Commission: Austria (8th), Bangladesh (11th), Brazil (8th), Bulgaria (11th), Chile (10th), China (10th), Cuba (11th), Cyprus (11th), Finland (on behalf of Denmark, Finland, Iceland, Norway and Sweden) (11th), Hungary (9th), India (11th), Indonesia (10th), Japan (10th), Malawi (11th), Malaysia (10th), Mauritania (9th), Nigeria (9th), Republic of Korea (11th), Russian Federation (10th), Sudan (9th), Syrian Arab Republic (11th), Tunisia (on behalf of the African Group) (9th), Venezuela (11th).

113. The Commission also heard statements by the observers for: Algeria (11th), Egypt (12th), Morocco (10th).

114. The observer for the African National Congress (12th) and the observer for the Pan Africanist Congress of Azania (8th) made statements.

115. The Commission heard a statement by the observer for the United Nations Volunteers programme (10th).

116. The Commission also heard statements by the following non-governmental organizations: African Association of Education for Development (12th), International Confederation of Free Trade Unions (9th), International Lesbian and Gay Association (10th), Service, Justice and Peace in Latin America (10th).

117. At its 30th meeting on 18 February 1994, the Commission took up consideration of the draft resolution submitted under agenda item 6.

118. The representative of Nigeria introduced a draft resolution (E/CN.4/1994/L.15), sponsored by Algeria*, Angola, Burundi*, Cameroon, China, Costa Rica, Cuba, Ethiopia*, the Islamic Republic of Iran, Kenya, Lesotho, Madagascar*, Malawi, Mauritania, Nigeria, Senegal*, the Sudan, Tunisia, Zambia* and Zimbabwe*. El Salvador*, Myanmar* and Viet Nam* subsequently joined the sponsors.

119. In accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, the attention of the Commission was drawn to an estimate of the administrative and programme budget implications 2/ of the draft resolution.

120. The draft resolution was adopted without a vote.

121. For the text as adopted, see chapter II, section A, resolution 1994/8.


VII. QUESTION OF THE REALIZATION IN ALL COUNTRIES OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTAINED IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND IN THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, AND STUDY OF SPECIAL PROBLEMS WHICH THE DEVELOPING COUNTRIES FACE IN THEIR EFFORTS TO ACHIEVE THESE HUMAN RIGHTS, INCLUDING: PROBLEMS RELATED TO THE RIGHT TO ENJOY AN ADEQUATE STANDARD OF LIVING; FOREIGN DEBT, ECONOMIC ADJUSTMENT POLICIES AND THEIR EFFECTS ON THE FULL ENJOYMENT OF HUMAN RIGHTS AND, IN PARTICULAR, ON THE IMPLEMENTATION OF THE DECLARATION ON THE RIGHT TO DEVELOPMENT


(a) POPULAR PARTICIPATION IN ITS VARIOUS FORMS AS AN IMPORTANT FACTOR IN DEVELOPMENT AND IN THE FULL REALIZATION OF ALL HUMAN RIGHTS

122. The Commission considered agenda item 7 concurrently with items 8, 15 and 16 (see chaps. VIII, XV and XVI) at its 12th to 19th meetings, on 8 to 11 February, at its 41st and 42nd meetings, on 25 February, at its 46th meeting, on 1 March, and at its 57th meeting, on 4 March 1994. 1/

123. The Commission had before it the following documents:

Comprehensive report of the Secretary-General, prepared in pursuance of Commission on Human Rights resolution 1993/12 (E/CN.4/1994/17 and Add.1);

124. At its 12th meeting, on 8 February 1994, the independent expert on the right to property, Mr. Luis Valencia Rodríguez, introduced his final report (E/CN.4/1994/19 and Add.1) to the Commission.

125. In the general debate on agenda item 7, statements 3/ were made by the following members of the Commission: Angola (16th), Australia (16th), Austria (17th), Brazil (on behalf of the Rio Group) (16th), Canada (13th), Chile (13th), Colombia (13th), Costa Rica (16th), Cuba (13th), Ecuador (16th), Finland (on behalf of Denmark, Finland, Iceland, Norway and Sweden) (17th), Kenya (15th), Libyan Arab Jamahiriya (14th), Malawi (16th), Malaysia (14th), Mauritania (15th), Mexico (16th), Netherlands (14th), Nigeria (17th), Poland (16th), Russian Federation (14th), Sri Lanka (16th), Sudan (13th), United States of America (16th), Venezuela (15th).

126. The Commission also heard statements by the observers for: Algeria (17th), Greece (on behalf of the European Union) (17th), Holy See (17th), Honduras (17th), Iraq (18th), Nepal (18th), Philippines (17th), Ukraine (15th).

127. The Commission also heard statements by the following non-governmental organizations: American Association of Jurists (13th), Centre Europe-Tiers Monde (14th), Commission for the Defence of Human Rights in Central America (19th), Habitat International Coalition (19th), International Association against Torture (19th), International Commission of Jurists (18th), International Confederation of Free Trade Unions (13th), International Fellowship of Reconciliation (13th), International Humanist and Ethical Union (13th), International Indian Treaty Council (19th), International Movement ATD Fourth World (15th), Movement against Racism and for Friendship among Peoples (14th), Women's International League for Peace and Freedom (18th), World Alliance of Reformed Churches (18th), World Confederation of Labour (15th), World Federation of Trade Unions (18th), World Organization against Torture (18th), World University Service (18th).

128. Statements in exercise of the right of reply or its equivalent were made by the representative of India (19th) and the observers for Nicaragua (19th) and the Philippines (19th).

129. At its 41st meeting, on 25 February 1994, the Commission took up consideration of the draft resolutions submitted under agenda item 7.

130. The representative of Cuba introduced draft resolution E/CN.4/1994/L.17, sponsored by Angola, Costa Rica, Cuba, the Democratic People's Republic of Korea*, Guatemala*, the Islamic Republic of Iran, Jordan*, the Libyan Arab Jamahiriya, Madagascar*, Mexico, Nigeria, the Philippines*, Sri Lanka, the Sudan, the Syrian Arab Republic and Venezuela. Cameroon, Colombia, Côte d'Ivoire, Ethiopia*, Iraq* and Viet Nam* subsequently joined the sponsors.

131. The representative of Cuba orally revised the draft resolution as follows:

(a) In the Spanish text of the sixth preambular paragraph, the words "al ser humano" were replaced by "la persona humana" and the word "humanos" added after the word "derechos";

(b) In operative paragraph 5, the words "that the policies being imposed to ensure debt payment by developing countries have and how they hinder the effective enjoyment of all human rights by the people of those countries" were replaced by the following text: "of the policies adopted to face situations of external debt on the effective enjoyment of economic, social and cultural rights";

(c) Operative paragraph 6, which read:

was deleted;

(d) In operative paragraph 7, the words "as well as" after the word "Government" were deleted;

(e) In the same paragraph, the words "as well as intergovernmental and non-governmental organizations" were inserted after the words "specialized agencies";

(f) Operative paragraphs 7 and 8 were renumbered accordingly.

132. At the request of the representative of the United States of America, a vote was taken on the draft resolution. The representative of Cuba requested a roll-call vote.

133. The draft resolution was adopted by 31 votes to 12, with 8 abstentions.

The voting was as follows:

Against: Australia, Austria, Canada, Finland, Germany, Hungary, Italy, Japan, Netherlands, Poland, United Kingdom of Great Britain and Northern Ireland, United States of America.

134. At the 57th meeting, on 4 March 1994, statements in explanation of vote after the vote were made by the representatives of Japan, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.

135. For the text as adopted, see chapter II, section A, resolution 1994/11.

136. At the 41st meeting, on 25 February 1994, the observer for Portugal introduced draft resolution E/CN.4/1994/L.18, sponsored by Australia, Austria, Belgium*, Bulgaria, Chile, Costa Rica, the Czech Republic*, Denmark*, Finland, Germany, Hungary, Latvia*, Madagascar*, Peru, Poland, Portugal*, the Russian Federation, Slovakia* and the United Kingdom of Great Britain and Northern Ireland. France, Greece*, the Netherlands, Norway*, the Philippines*, Romania, Senegal*, Spain*, Sweden*, Switzerland*, Tunisia and Ukraine* subsequently joined the sponsors.

137. The observer for Portugal orally revised the draft resolution as follows: in operative paragraph 12, the words "Takes note with interest of" were replaced by the word "Endorses".

138. The representative of the Islamic Republic of Iran proposed the following amendments to the draft resolution:

(a) In the ninth preambular paragraph, the words "and nations" were inserted after the words "the needs of individuals";

(b) In operative paragraph 2, the words "strictly within the framework" were inserted after the words "the relevant issues".

139. The representatives of Brazil, China, India, Nigeria and the Syrian Arab Republic and the observer for Portugal made statements in connection with the draft resolution and the proposed amendments.

140. The Commission decided to postpone consideration of the draft resolution.

141. At its 42nd meeting, on 25 February 1994, the Commission resumed consideration of draft resolution E/CN.4/1994/L.18.

142. The observer for Portugal orally revised the draft resolution as follows:

(a) In the ninth preambular paragraph, the word "individuals" was replaced by the word "people";

(b) In operative paragraph 2, the words "within the framework" were inserted after the words "the relevant issues";

(c) In operative paragraph 7, the words "recognizes the importance of using indicators as a means of measuring or assessing progress in the realization of human rights, as referred to in the Vienna Declaration and Programme of Action" became the new paragraph 7;

(d) In operative paragraph 7, the first part of the paragraph ending with the words "January 1993" became the new paragraph 8;

(e) The subsequent paragraphs were renumbered accordingly;

(f) In new operative paragraph 8, the words "with interest" after the word "Notes" were deleted;

(g) In new operative paragraph 9, the words "as well as representatives of States" were inserted after the words "non-governmental organizations";

(h) In the same operative paragraph, the words "as well as the nature of States parties' obligations" were deleted.

143. The representative of Malaysia proposed that in the third preambular paragraph the following words should be deleted after the words "interdependent and interrelated": "and that the promotion and protection of one category of rights should never exempt or excuse States from the promotion and protection of the other rights".

144. Statements in connection with the revised draft resolution were made by the representative of Malaysia and the observer for Portugal.

145. The Commission decided to postpone the debate on the draft resolution.

146. At its 46th meeting, on 1 March 1994, the Commission resumed consideration of draft resolution E/CN.4/1994/L.18.

147. Statements in connection with the draft resolution and the proposed amendments were made by the representatives of Brazil and Malaysia and the observer for Portugal.

148. At the request of the representative of the United States of America, a roll-call vote was taken on the amendment proposed by the representative of Malaysia.

149. The amendment was rejected by 39 votes to 1, with 13 abstentions. The voting was as follows:

In favour: Malaysia.

Against : Angola, Australia, Austria, Bangladesh, Barbados, Brazil, Bulgaria, Cameroon, Canada, Chile, Colombia, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Ecuador, Finland, France, Gabon, Germany, Guinea-Bissau, Hungary, Italy, Japan, Mauritania, Mauritius, Mexico, Netherlands, Nigeria, Peru, Poland, Republic of Korea, Romania, Russian Federation, Togo, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Venezuela.

Abstaining: China, India, Indonesia, Iran (Islamic Republic of), Kenya, Lesotho, Libyan Arab Jamahiriya, Malawi, Pakistan, Sri Lanka, Sudan, Syrian Arab Republic, Tunisia.

150. In accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, the attention of the Commission was drawn to an estimate of the administrative and programme budget implications 2/ of the draft resolution.

151. At the request of the representative of Malaysia, a roll-call vote was taken on the draft resolution.

152. The draft resolution was adopted by 52 votes to none, with 1 abstention. The voting was as follows:

In favour: Angola, Australia, Austria, Bangladesh, Barbados, Brazil, Bulgaria, Cameroon, Canada, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Ecuador, Finland, France, Gabon, Germany, Guinea-Bissau, Hungary, India, Indonesia, Iran (Islamic Republic of), Italy, Japan, Kenya, Lesotho, Libyan Arab Jamahiriya, Malawi, Mauritania, Mauritius, Mexico, Netherlands, Nigeria, Pakistan, Peru, Poland, Republic of Korea, Romania, Russian Federation, Sri Lanka, Sudan, Syrian Arab Republic, Togo, Tunisia, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Venezuela.

Against: None.

Abstaining: Malaysia.

153. At the 57th meeting, on 4 March 1994, a statement in explanation of vote after the vote was made by the representative of Japan.

154. For the text as adopted, see chapter II, section A, resolution 1994/20.

155. In view of the adoption of resolution 1994/20 (see paras. 136-154), the Commission took no action on draft decision 9, recommended by the Sub-Commission on Prevention of Discrimination and Protection of Minorities for adoption by the Commission (see E/CN.4/1994/2, chap. I, sect. B).

156. At the 41st meeting, on 25 February 1994, the representative of France introduced draft resolution E/CN.4/1994/L.20, sponsored by Argentina*, Australia, Austria, Bangladesh, Belgium*, Brazil, Burundi*, Chile, Colombia, Costa Rica, Cyprus, the Czech Republic*, Denmark*, France, Germany, Greece*, Guatemala*, Hungary, Italy, Kenya, Lesotho, Madagascar*, Mauritius, Mexico, Peru, the Philippines*, Poland, Portugal*, Romania, the Russian Federation, Rwanda*, Senegal*, Slovakia*, Spain*, Switzerland* and Venezuela. Cameroon, Côte d'Ivoire, Ireland*, the Netherlands, Nigeria, Tunisia, Uruguay and Zimbabwe* subsequently joined the sponsors.

157. In accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, the attention of the Commission was drawn to an estimate of the administrative and programme budget implications 2/ of the draft resolution.

158. The draft resolution was adopted without a vote.

159. At the 57th meeting, on 4 March 1994, a statement in explanation of his delegation's position was made by the representative of the United States of America.

160. For the text as adopted, see chapter II, section A, resolution 1994/12.

161. In view of the adoption of resolution 1994/12 (see paras. 156-160), the Commission took no action on draft resolution III recommended by the Sub-Commission on Prevention of Discrimination and Protection of Minorities for adoption by the Commission (see E/CN.4/1994/2, chap. I, sect. A).

162. At the 41st meeting, on 25 February 1994, the representative of the United States of America introduced draft resolution E/CN.4/1994/L.21, sponsored by the Czech Republic*, Greece*, Japan, Romania, the Russian Federation, Slovakia*, Switzerland*, the United Kingdom of Great Britain and Northern Ireland and the United States of America. Argentina*, Costa Rica, Cyprus, Ecuador, Germany, the Philippines* and Poland subsequently joined the sponsors.

163. A statement in explanation of his delegation's position was made by the representative of Cuba.

164. The draft resolution was adopted without a vote.

165. For the text as adopted, see chapter II, section A, resolution 1994/13.

166. At the same meeting, the representative of Australia introduced draft resolution E/CN.4/1994/L.22, sponsored by Australia, Austria, Costa Rica, Denmark*, Ireland*, Norway* and Peru. Argentina*, France, Germany, Hungary, the Netherlands, Portugal*, Slovakia*, Tunisia, Uruguay and Venezuela subsequently joined the sponsors.

167. The representative of Cuba proposed that the first preambular paragraph of the draft resolution be amended by inserting the word "interdependent" after "indivisible".

168. The representative of the Syrian Arab Republic proposed that the words "can contribute" be replaced by "are contributing" in the ninth preambular paragraph.

169. The representative of the United Kingdom of Great Britain and Northern Ireland proposed inserting the word "universal" before "indivisible" in the first preambular paragraph.

170. The representative of Malaysia proposed that the draft resolution be amended as follows:

(a) In the ninth preambular paragraph, the words "can contribute" should be replaced by "could contribute";

(b) In the first preambular paragraph, the words "and that the promotion and protection of one category of rights does not exempt or excuse States from the duty of promoting and protecting other rights" should be deleted.

171. Statements in connection with the draft resolution and the proposed amendments were made by the representatives of Australia and Malaysia.

172. The Commission decided to postpone consideration of draft resolution E/CN.4/1994/L.22.

173. At the 46th meeting, on 1 March 1994, the Commission again postponed consideration of draft resolution E/CN.4/1994/L.22.

174. At its 57th meeting, on 4 March 1994, the Commission resumed consideration of draft resolution E/CN.4/1994/L.22.

175. The representative of Australia orally revised the draft resolution as follows:

(a) In the first preambular paragraph, the word "universal" was inserted before "indivisible" and the words "and interdependent" inserted after "indivisible";

(b) In the ninth preambular paragraph, the words "and that violations of their rights are therefore serious obstacles to development" after the word "development" were deleted;

(c) In operative paragraph 1, the words "trade union rights freely and in full" were replaced by "right to organize and to form and join trade unions for the protection of their interests".

176. The draft resolution, as orally revised, was adopted without a vote.

177. For the text as adopted, see chapter II, section A, resolution 1994/63.

178. At the 41st meeting, on 25 February 1994, the Commission considered draft resolution IV, recommended by the Sub-Commission on Prevention of Discrimination and Protection of Minorities for adoption by the Commission (see E/CN.4/1994/2, chap. I, sect. A).

179. The representative of Brazil proposed that the draft resolution be amended by deleting operative paragraph 5 from the text recommended for adoption by the Economic and Social Council.

180. In accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, the attention of the Commission was drawn to an estimate of the administrative and programme budget implications 2/ of the draft resolution.

181. The draft resolution, as amended, was adopted without a vote.

182. For the text as adopted, see chapter II, section A, resolution 1994/14.

183. At the same meeting, the Commission considered draft decision 7 recommended by the Sub-Commission for adoption by the Commission (see E/CN.4/1994/2, chap. I, sect. B).

184. The representative of India proposed that the draft decision be amended by inserting in paragraph (d) the words "with the consent of the States concerned" after "on-site visits".

185. In accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, the attention of the Commission was drawn to an estimate of the administrative and programme budget implications 2/ of the draft decision.

186. The draft decision, as amended, was adopted without a vote.

187. For the text as adopted, see chapter II, section B, decision 1994/102.


VIII. QUESTION OF THE REALIZATION OF THE RIGHT TO DEVELOPMENT

188. The Commission considered agenda item 8 concurrently with items 7, 15 and 16 (see chaps. VII, XV and XVI), at its 12th to 19th meetings, on 8 to 11 February, and at its 46th meeting, on 1 March 1994. 1/

189. The Commission had before it the following documents:

190. At the 12th meeting, on 8 February 1994, the Chairman-Rapporteur of the Working Group on the Right to Development introduced the report of the Working Group on its first session (E/CN.4/1994/21 and Corr.1).

191. In the general debate on agenda item 8, statements 3/ were made by the following members of the Commission: Angola (16th), Australia (16th), Austria (17th), Bangladesh (15th), Brazil (on behalf of the Rio Group) (16th), Canada (13th), Chile (13th), Colombia (13th), Costa Rica (16th), Cuba (16th), Ecuador (16th), Finland (on behalf of Denmark, Finland, Iceland, Norway and Sweden) (17th), India (13th), Indonesia (15th), Kenya (15th), Libyan Arab Jamahiriya (14th), Malawi (16th), Malaysia (13th), Mauritania (15th), Mexico (16th), Nigeria (17th), Pakistan (17th), Poland (16th), Russian Federation (14th), Sri Lanka (16th), Sudan (13th), United States of America (16th), Venezuela (15th).

192. The Commission also heard statements by the observers for: Algeria (17th), Greece (on behalf of the European Union) (17th), Holy See (17th), Honduras (17th), Iraq (18th), Morocco (17th), Nepal (18th), Philippines (17th), Senegal (18th).

193. The Commission also heard statements by the following non-governmental organizations: Centre Europe-Tiers Monde (14th), Christian Democrat International (19th), Commission for the Defence of Human Rights in Central America (19th), Habitat International Coalition (19th), International Association Against Torture (19th), International Association of Educators for World Peace (18th), International Commission of Jurists (18th), International Confederation of Free Trade Unions (13th), International Federation of Rural Adult Catholic Movements (15th), International Fellowship of Reconciliation (13th), International Humanist and Ethical Union (13th) ,International Indian Treaty Council (19th), International Work Group for Indigenous Affairs (19th), Minority Rights Group (19th), Movement against Racism and for Friendship among Peoples (14th), World Alliance of Reformed Churches (18th), World Confederation of Labour (15th), World Federation of Trade Unions (18th), World Organization against Torture (18th).

194. At its 46th meeting, on 1 March 1994, the Commission took up consideration of the draft resolutions submitted under agenda item 8.

195. The representative of Indonesia introduced draft resolution E/CN.4/1994/L.28, sponsored by Afghanistan*, Bangladesh, Barbados, Brazil, Burundi*, Chile, China, Colombia, Costa Rica, Cuba, the Democratic People's Republic of Korea*, Ethiopia*, India, Indonesia, the Islamic Republic of Iran, Iraq*, Jordan*, Kenya, Lesotho, Madagascar*, Malawi, Malaysia, Mexico, Myanmar*, Nigeria, Pakistan, the Philippines*, Rwanda*, Singapore*, Sri Lanka, the Sudan, the Syrian Arab Republic, Tunisia, Venezuela and Viet Nam*. Algeria*, Angola, Bhutan*, Cameroon, Côte d'Ivoire, Ecuador, Guatemala*, Guinea-Bissau, the Libyan Arab Jamahiriya, Mongolia*, Morocco*, Peru, Senegal*, Thailand* and Zimbabwe* subsequently joined the sponsors.

196. Statements in explanation of vote before the vote were made by the representatives of Germany, Japan, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

197. The representative of the United States of America asked for the draft resolution to be put to a vote.

198. At the request of the representative of Indonesia, a roll-call vote was taken on the draft resolution.

199. The draft resolution was adopted by 42 votes to 3, with 8 abstentions. The voting was as follows:

In favour: Angola, Australia, Austria, Bangladesh, Barbados, Brazil, Bulgaria, Cameroon, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Ecuador, France, Gabon, Guinea-Bissau, India, Indonesia, Iran (Islamic Republic of), Kenya, Lesotho, Libyan Arab Jamahiriya, Malawi, Malaysia, Mauritania, Mauritius, Mexico, Nigeria, Pakistan, Peru, Republic of Korea, Romania, Sri Lanka, Sudan, Syrian Arab Republic, Togo, Tunisia, Uruguay, Venezuela.

Against: Japan, United Kingdom of Great Britain and Northern Ireland, United States of America.

Abstaining: Canada, Finland, Germany, Hungary, Italy, Netherlands, Poland, Russian Federation.

200. Statements in explanation of vote after the vote were made by the representatives of Australia, Austria, Bulgaria, Canada, Finland, France, Poland, Romania and the Russian Federation.

201. In accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, the Commission's attention was drawn to an estimate of the administrative and programme budget implications 2/ of the draft resolution.

202. For the text as adopted, see chapter II, section A, resolution 1994/21.


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