Report on the fifty-first session of the

(12 more)

1995/90. Situation of human rights in Burundi

The Commission on Human Rights,

Guided by 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 human rights and fundamental freedoms,

Reaffirming also that all States have the right and duty to promote and protect human rights and to fulfil their obligations under the various instruments to which they are parties,

Recalling its resolution 1994/86, of 9 March 1994,

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

Alarmed by the actions of extremist groups wishing to undermine the institutional basis and to increase political instability and ethnic tensions in the country,

Particularly convinced that consolidation of democratic gains helps to create a favourable environment for lasting settlement of the political tensions which have 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,

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 refugees in those host countries, and about the large number of persons displaced within the country,

1. Takes note of the report by the representative of the Secretary-General submitted pursuant to Commission on Human Rights resolution 1993/95 (E/CN.4/1995/50/Add.2), and of the report of the Secretary-General on the situation of human rights in Burundi (E/CN.4/1995/66);

2. Strongly condemns the brutal and violent break in the democratic process initiated in Burundi, as well as any incitement to ethnic violence in the media, demands an immediate end to acts of violence and intimidation, and calls on all sectors of society, both civilian and military, to respect the Constitution of the country and the Convention of Government;

3. 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;

4. Appeals to political groups, the army, the media and civil society to show moderation and a spirit of conciliation, and to contribute to the restoration of full respect for and the promotion of human rights;

5. Invites the authorities of Burundi to cooperate with the international community in carrying 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 those acts of violence before the courts, so as to put an end to the impunity which has become institutionalized in the country;

6. Supports the creation, as soon as possible, of an international commission of inquiry into the October 1993 coup attempt and the massacres that followed, as proposed by the Government of Burundi in accordance with the Convention of Government;

7. 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 political and ethnic tensions and to create conditions to favour the reintegration of refugees and displaced persons and, in this context, requests the Secretary-General to strengthen the office of his special representative in Bujumbura;

8. Encourages the international community and the Government of Burundi to implement the various recommendations of the Plan of Action adopted by the Regional Conference on Assistance to Refugees, Returnees and Displaced Persons in the Great Lakes Region held in Bujumbura from 15 to 17 February 1995, in order to reassure refugees and repatriated and displaced persons;

9. 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;

10. Welcomes the agreement signed on 22 September 1994 by the High Commissioner for Human Rights and the Government of Burundi on the implementation of a major programme of technical assistance and advisory services in the field of human rights, the various components of which form part of preventive action supported by the international community;

11. Greatly appreciates the efforts of the High Commissioner for Human Rights to promote and protect human rights in Burundi, in particular by setting up an office of the Centre for Human Rights and by mobilizing international cooperation in the quest for peace and security in Burundi;

12. Expresses its conviction concerning the need further to increase preventive action in Burundi without delay, in particular through the presence of human rights experts and observers throughout the country;

13. Applauds the decision taken by the Special Rapporteur on extrajudicial, summary or arbitrary executions, in close consultation with the High Commissioner for Human Rights, to undertake immediately a mission to Burundi as part of his mandate;

14. Calls upon the Chairman of the Commission rapidly to appoint, after consultation with the Bureau, a special rapporteur with the task of drawing up, on the basis of all the information he considers relevant and his contacts with the Burundi authorities and population, a report on the situation of human rights in Burundi for submission to the Commission at its fifty-second session;

15. Requests the Secretary-General to provide the special rapporteur with all the assistance he or she may need to carry out the mandate;

16. Decides to consider the situation of human rights in Burundi at its fifty-second session under the appropriate agenda item.

62nd meeting
8 March 1995
[Adopted without a vote. See chap. XII.]

1995/91. Situation of human rights in Rwanda

The Commission on Human Rights,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, and other applicable human rights and humanitarian law standards,

Recalling Commission on Human Rights resolution S-3/1 of 25 May 1994, in which the Commission appointed a Special Rapporteur to investigate the human rights situation in Rwanda, and General Assembly resolution 49/206 of 23 December 1994,

Noting with appreciation the efforts of the Secretary-General, his Special Representative for Rwanda, the High Commissioner for Human Rights, the Special Rapporteur on the situation of human rights in Rwanda and other special rapporteurs of the Commission on Human Rights, the United Nations Assistance Mission for Rwanda, the United Nations High Commissioner for Refugees, the Department of Humanitarian Affairs and non-governmental organizations,

Deeply concerned by the reports of the Special Rapporteur and the Commission of Experts established pursuant to Security Council resolution 935 (1994) of 1 July 1994, that genocide and systematic, widespread and flagrant violations of international humanitarian law and crimes against humanity have been committed in Rwanda and that the situation of ethnic and political armed conflict in Rwanda resulted in other grave violations and abuses of human rights, including violation of the right to life, the right to physical and moral integrity, the right to be free from torture and other cruel, inhuman or degrading treatment, and the right to be free from discrimination on the grounds of ethnic origin and to be protected from incitement to such discrimination,

Reaffirming the deep concern expressed by the World Conference on Human Rights about violations of human rights during armed conflicts affecting the civilian population, especially women, children, the elderly and the disabled,

Noting that, following the cease-fire of 18 July 1994, a new Government has been established in Rwanda and has made efforts to reconstruct the civil administration and the social, legal, economic and human rights infrastructure of Rwanda after the extensive damage inflicted by the civil conflict, and noting that these efforts are hampered by a lack of resources,

Noting with concern that, in spite of efforts by the Government of Rwanda to ensure peace and security and the rule of law, a situation of insecurity still exists, evidenced by reports of disappearances, arbitrary arrest and detention, conditions of detention which do not conform to international standards, torture, summary executions, destruction of property and attacks against displaced persons, and welcoming the commitments made by the Government of Rwanda to protect and promote respect for human rights and fundamental freedoms and to eliminate impunity by investigating and prosecuting those responsible for acts of retribution,

Conscious that technical assistance and advisory services will assist the Government of Rwanda in reconstructing the social, legal, physical, economic and human rights infrastructure of Rwanda, and that extensive and long-term technical and financial assistance is required to accomplish this task,

Concerned that human rights violations create a climate of insecurity which prevents refugees and displaced persons from returning to their homes, conscious that their return is essential for the normalization of the situation in Rwanda and countries of the region, and concerned also by reports of continuing acts of intimidation and violence within the camps for refugees, particularly by the former Rwandese authorities, which prevent refugees from returning,

Concerned also by the ongoing interference, particularly by the former Rwandese authorities, in the provision of humanitarian relief, which impedes the provision of humanitarian relief and which has already led to the withdrawal of some non-governmental agencies responsible for the distribution of relief supplies in the camps outside Rwanda,

Welcoming the measures taken by the High Commissioner for Human Rights to put in place the human rights field operation in Rwanda and to coordinate its activities with the Special Representative of the Secretary-General, the United Nations High Commissioner for Refugees, the United Nations Assistance Mission for Rwanda, the International Tribunal for Rwanda, the Department of Humanitarian Affairs, and other United Nations agencies and intergovernmental and non-governmental organizations,

Welcoming also the establishment of the International Tribunal for Rwanda pursuant to Security Council resolution 955 (1994) of 8 November 1994 and the establishment of a United Nations trust fund to support the activities of the Tribunal,

Welcoming further the Security Council mission to Rwanda of 12 and 13 February 1995, and the Regional Conference on Assistance to Refugees, Returnees and Displaced Persons in the Great Lakes Region, hosted by the Organization of African Unity and the Office of the United Nations High Commissioner for Refugees in Bujumbura from 15 to 17 February 1995,

Recalling Security Council resolution 965 (1994) of 30 November 1994, in which the Council expanded the mandate of the United Nations Assistance Mission for Rwanda to contribute to the security and protection of displaced persons, refugees and civilians at risk in Rwanda, to provide security and support for the distribution of relief supplies and humanitarian relief operations, to contribute to the security in Rwanda of personnel of the International Tribunal for Rwanda and human rights officers, and to assist in the training of a new integrated police force, and recalling also the Secretary-General's revised deployment of the Assistance Mission, which is intended to promote security in all areas of the country and create conditions conducive to the return of refugees,

Recognizing that effective action to prevent further violations of human rights and fundamental freedoms must be a central and integral element of the overall United Nations response to the situation in Rwanda and that a strong human rights component is indispensable to the political peace process and the post-conflict reconstruction of Rwanda,

1. Welcomes the reports of the Special Rapporteur on violations committed during the hostilities in Rwanda and on the current situation of human rights in Rwanda (E/CN.4/1995/7 and E/CN.4/1995/12);

2. Condemns in the strongest terms genocide, violations of international humanitarian law and all violations and abuses of human rights which occurred during the conflict in Rwanda, especially following the tragic events of 6 April 1994;

3. Also condemns in the strongest terms the kidnapping and killing of military peace-keeping personnel attached to the United Nations Assistance Mission for Rwanda, the killing of personnel attached to humanitarian organizations operating in the country, the wanton killing of innocent civilians and the destruction of property during the conflict, all of which constitute blatant violations of international humanitarian law;

4. Reaffirms that all persons who commit or authorize genocide or other grave violations of international humanitarian law and those who are responsible for grave violations of human rights are individually responsible and accountable for those violations and that the international community will exert every effort to bring those responsible to justice in accordance with international principles of due process;

5. Urges all States concerned to cooperate fully with the International Tribunal for Rwanda, taking into account the obligations contained in Security Council resolutions 955 (1994) and 978 (1995), and to take all measures for the early and effective functioning of the International Tribunal for Rwanda;

6. Notes with deep concern the findings of the Special Rapporteur that disappearances, arbitrary arrests and detentions under conditions which do not conform to international standards, summary executions, destruction of property and attacks against displaced persons are still taking place, and encourages the Government of Rwanda to ensure investigation and prosecution of those responsible for such acts, in accordance with international principles of due process;

7. Encourages the Government of Rwanda, in a spirit of national reconciliation, to protect and promote respect for human rights and fundamental freedoms, and stresses the need to create an environment conducive to the realization of civil, political, economic, social and cultural rights, and to the return of refugees and displaced persons to their homes;

8. Encourages the efforts of the Government of Rwanda to involve, regardless of ethnicity, all citizens not responsible for genocide or other grave violations of international humanitarian law in its administrative, judicial, political and security structures;

9. Welcomes the efforts of the Government of Rwanda to reconstruct the civil administration and the social, legal, economic and human rights infrastructure of Rwanda, notes that efforts in this regard are hampered by a lack of resources, and welcomes the commitments made by the Government of Rwanda to restore the rule of law and protect and promote respect for human rights and fundamental freedoms;

10. Invites Member States, the organizations and agencies of the United Nations system and intergovernmental and non-governmental organizations to continue and intensify their efforts to contribute financial and technical support to the efforts of the Government of Rwanda to reconstruct the civil administration and the social, legal, physical, economic and human rights infrastructure of Rwanda, particularly for the administration of justice, and welcomes the contributions made, including those at the Round Table Conference organized by the United Nations Development Programme at Geneva in January 1995;

11. Commends the efforts of the High Commissioner for Human Rights to ensure that efforts of the United Nations aimed at conflict resolution and peace-building in Rwanda are accompanied by a strong human rights component and effectively supported by a comprehensive programme of human rights assistance, drawing as appropriate on the expertise and capacities of all parts of the United Nations system able to contribute to the promotion and protection of human rights in Rwanda;

12. Condemns all attacks against persons in the refugee camps near the borders of Rwanda, demands that such attacks cease immediately, calls upon States to take appropriate steps to prevent such attacks, and welcomes the efforts of the United Nations Assistance Mission for Rwanda, the Office of the United Nations High Commissioner for Refugees and the human rights field operation in Rwanda to encourage and monitor the safe and voluntary return of refugees;

13. Also condemns those who obstruct the access of humanitarian relief to all in need, especially those within the camps for refugees;

14. Urges Governments in the region to take measures to prevent their territory from being used to pursue a strategy of destabilization of Rwanda;

15. Welcomes the commitments of Governments in the region to help resolve the problems facing the refugees, and calls upon them to do all in the!r power to ensure the safety of both the refugees and the personnel providing humanitarian assistance to them;

16. Welcomes the measures taken by the High Commissioner for Human Rights to put in place the human rights field operation in Rwanda, which has as its objectives the investigation of violations of human rights and humanitarian law, the monitoring of the ongoing human rights situation and the prevention of future violations, cooperation with other international agencies in re-establishing confidence and thus facilitating the return of refugees and displaced persons and the rebuilding of civil society, and the implementation of programmes of technical cooperation in the field of human rights, particularly in the field of the administration of justice;

17. Welcomes the cooperation the Government of Rwanda has extended to the High Commissioner for Human Rights and to the Special Rapporteur and the acceptance by the Government of Rwanda, pursuant to its request, of the deployment of human rights field officers, bearing in mind the important role of the human rights field officers, acting in close cooperation with the United Nations Assistance Mission for Rwanda and other United Nations agencies and programmes operating in Rwanda, in assisting the Special Rapporteur to fulfil his mandate by investigating human rights violations and monitoring ongoing violations;

18. Invites the High Commissioner for Human Rights and the Centre for Human Rights, taking into account recommendations of the Special Rapporteur and acting in coordination with the United Nations agencies and programmes operating in Rwanda, to provide continuing and further technical assistance, upon request, particularly in the area of the administration of justice;

19. Decides to extend the mandate of the Special Rapporteur, as set out in resolution S-3/1 of 25 May 1994, for an additional year, and requests the Special Rapporteur to make recommendations concerning situations in which technical assistance may be appropriate;

20. Requests the Secretary-General to provide all necessary resources to the Special Rapporteur, taking into account the operational plan for the human rights field operation in Rwanda and the need to deploy a sufficient number of human rights field officers to assist the Special Rapporteur to fulfil his mandate;

21. Also requests the Secretary-General to take appropriate steps to ensure adequate financial and human resources for the delivery of programmes of technical assistance and advisory services, especially in the field of the administration of justice as requested by the Government of Rwanda;

22. Decides to continue its consideration of this question at its fifty-second session.

62nd meeting
8 March 1995
[Adopted without a vote. See chap. XII.]

1995/92. Effective implementation of international instruments
on human rights, including reporting obligations
under international instruments on human rights

The Commission on Human Rights,

Recalling General Assembly resolution 49/178 of 23 December 1994 and its own resolution 1994/19 of 25 February 1994, as well as other relevant resolutions,

Recalling also the relevant paragraphs of the Vienna Declaration and Programme of Action (A/CONF.157/23),

Reaffirming that the full and effective implementation of United Nations human rights instruments is of major importance to the efforts of the Organization, pursuant to the Charter of the United Nations and the Universal Declaration of Human Rights, to promote universal respect for and observance of human rights and fundamental freedoms,

Considering that the effective functioning of treaty bodies established pursuant to United Nations human rights instruments is indispensable for the full and effective implementation of such instruments,

Recalling that the General Assembly, in resolution 49/178, reaffirmed its responsibility to ensure the proper functioning of treaty bodies established pursuant to instruments adopted by the General Assembly and, in this connection, also reaffirmed the importance of:

(a) Ensuring the effective functioning of systems of periodic reporting by States parties to these instruments;

(b) Securing sufficient financial and human resources to overcome existing difficulties with their effective functioning;

(c) Addressing questions of both reporting obligations and financial implications whenever elaborating any further instruments on human rights;

Expressing concern about the large number of overdue reports on implementation by States parties to United Nations human rights instruments and about delays in consideration of reports by the treaty bodies,

Expressing concern also about the non-fulfilment by many States parties of their financial obligations under the relevant United Nations human rights instruments,

Recalling the conclusions and recommendations of the meetings of persons chairing the human rights treaty bodies, held from 1988 to 1992, and the endorsement by the General Assembly and the Commission on Human Rights of recommendations aimed at streamlining, rationalizing and otherwise improving reporting procedures,

Recalling also that the General Assembly, in its resolution 45/85 of 14 December 1990, endorsed the recommendations of the Task Force on Computerization (see E/CN.4/1990/39, annex) with a view to increasing efficiency and facilitating compliance by States parties with their reporting obligations and the examination of reports by treaty bodies,

Taking note of the conclusions and recommendations of the fifth meeting of persons chairing the human rights treaty bodies, held at Geneva from 19 to 23 September 1994 (A/49/537, annex, sect. IV),

Taking note also of the inventory of international human rights standard-setting activities under the purview of the Commission on Human Rights prepared by the Secretary-General (E/CN.4/1995/81),

Noting with interest the initiatives taken by a number of treaty bodies to elaborate measures, within their mandates, with a view to preventing the occurrence, or recurrence, of serious human rights violations,

Conscious of the importance of coordination of human rights promotion and protection activities of United Nations organs and bodies whose activities deal with human rights,

Welcoming the contribution to the work of the human rights treaty bodies made by the specialized agencies and other United Nations bodies,

Bearing in mind that the High Commissioner for Human Rights has, in conformity with General Assembly resolution 48/141 of 20 December 1993, the responsibility, inter alia, to coordinate the human rights promotion and protection activities throughout the United Nations system,

1. Urges States parties to notify without delay the Secretary-General, as depositary of the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, of their acceptance of the amendments approved by the States parties and the General Assembly;

2. Calls upon all States parties to fulfil without delay and in full their financial obligations under the Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

3. Requests the Secretary-General to report on measures that have been taken to establish a computerized database to improve the efficiency and effectiveness of the functioning of the treaty bodies;

4. Also requests the Secretary-General to give priority to expediting the implementation of the recommendations of the Task Force on Computerization as soon as possible by requesting the States Members of the United Nations, in particular States which are parties to various human rights instruments, to make generous voluntary contributions to cover the initial one-time cost of the proposed system;

5. Welcomes the submission of the report of the fifth meeting of the persons chairing the human rights treaty bodies held at Geneva from 19 to 23 September 1994 (A/49/537, annex), and takes note of its conclusions and recommendations;

6. Also welcomes the continuing efforts by the treaty bodies and the Secretary-General, within their respective spheres of competence, aimed at streamlining, rationalizing and otherwise improving reporting procedures;

7. Again urges States parties to make every effort to meet their reporting obligations and to contribute, individually and through meetings of States parties, to identifying and implementing ways of further streamlining and improving reporting procedures;

8. Urges the human rights treaty bodies and the persons chairing them to continue to examine ways of reducing the duplication of reporting required under the different instruments and of generally reducing the reporting burden on Member States, including through:

(a) Identifying where cross-referencing can be used in report writing;

(b) Recommending, where appropriate, the designation of specific national administrative units to coordinate reports to all treaty bodies;

(c) Establishing coordination between the treaty bodies and the International Labour Organisation to identify overlap between respective instruments and conventions;

(d) Considering the utility of single comprehensive reports and of replacing periodic reports with specifically tailored reports and thematic reports and to report on the results of their examination to the Commission for its consideration;

9. Urges States parties to address, as a matter of priority, at their scheduled meetings, the issue of States parties consistently not complying with their reporting obligations;

10. Encourages the High Commissioner for Human Rights, in accordance with his mandate, to request the independent expert to finalize his interim report (A/CONF.157/PC/62/Add.11/Rev.1) on possible long-term approaches to enhancing the effective operation of the treaty system in time for the final report to be considered by the Commission on Human Rights, as requested by the General Assembly in resolution 48/120 of 20 December 1993, at its fifty-second session;

11. Invites the specialized agencies and other United Nations bodies, and the human rights treaty bodies to develop effective means for further cooperation between them, bearing in mind the responsibilities of the High Commissioner for Human Rights;

12. Invites the High Commissioner for Human Rights, in accordance with his mandate, contained in General Assembly resolution 48/141 of 20 December 1993, to consult the human rights treaty bodies in regard to his efforts to promote cooperation with regional intergovernmental organizations for the promotion and protection of human rights;

13. Recognizes the important role played by non-governmental organizations in the effective implementation of all human rights instruments;

14. Stresses the usefulness of technical assistance and advisory services in helping States parties to comply with their obligations pursuant to United Nations human rights instruments and, further to this end:

(a) Invites the treaty bodies to continue to identify possibilities for States parties to benefit from such technical assistance and advisory services, bearing in mind relevant suggestions of the treaty bodies;

(b) Requests that the High Commissioner for Human Rights, in fulfilling his mandate as set forth in General Assembly resolution 48/141, provide advisory services an technical assistance at the request of the State concerned;

(c) Invites States parties which have been unable to comply with their requirements to submit their initial report to avail themselves of technical assistance;

15. Endorses the recommendations of the persons chairing the human rights treaty bodies on the need to ensure financing and adequate staffing resources for the operations of the treaty bodies and, with this in mind:

(a) Reiterates its request that the Secretary-General provide adequate resources in regard to the various treaty bodies;

(b) Requests that the Secretary-General report on this question to the General Assembly at its fiftieth session and to the Commission at its fifty-second session;

16. Welcomes the emphasis by the persons chairing the human rights treaty bodies that the enjoyment of the human rights of women should be closely monitored by each treaty body within the competence of its mandate (A/49/537, annex, para. 19), and recommends that the reporting guidelines adopted by the treaty bodies be amended to identify related gender-specific information to be addressed by States parties in their reports;

17. Welcomes the request by the General Assembly to the Secretary-General, in resolution 49/178, to take appropriate steps in order to finance, as of 1995, annual meetings of persons chairing the human rights treaty bodies from the available resources of the regular budget of the United Nations;

18. Requests the High Commissioner for Human Rights, acting within his mandate set out in General Assembly resolution 48/141, to maintain an inventory of all international human rights standard-setting activities, from within existing resources, in order to facilitate better informed decision-making;

19. Urges all States parties whose reports have been examined by treaty bodies to provide adequate follow-up to the observations and final comments of the treaty bodies on their reports;

20. Welcomes the recommendation by the persons chairing the human rights treaty bodies that treaty bodies urge the States parties to translate, publish and make available to the media the full text of the concluding observations on their reports to the treaty bodies, and requests the High Commissioner for Human Rights to ensure that recent reports and the summary records of committee discussions pertaining to them, as well as concluding observations and final comments of the treaty bodies, are made available in the United Nations information centres in the countries submitting those reports;

21. Invites the Department of Public Information of the United Nations to publish at the end of each year, from within existing resources, as a separate volume, a compilation of all concluding observations adopted during that year by the treaty bodies;

22. Requests the High Commissioner for Human Rights to ensure, from within existing resources, that the United Nations Manual on Human Rights Reporting (HRI/PUB/91/1, United Nations publication, Sales No. E.91.XIV.1) is available in all official languages at the earliest opportunity and that due regard is paid to the recommendations concerning the Manual made by the fifth meeting of the persons chairing the human rights treaty bodies (A/49/537, annex, para. 57);

23. Welcomes all appropriate measures the human rights treaty bodies may take, within their mandates, in response to situations of massive human rights violations, including bringing those violations to the attention of the High Commissioner for Human Rights, as well as the Secretary-General and the bodies of the United Nations competent in the field of human rights, and requests the High Commissioner, acting within his mandate, to coordinate and consult throughout the United Nations system in this regard;

24. Requests the Secretary-General to report to the Commission at its fifty-second session on measures taken to implement the present resolution and on obstacles to its implementation;

25. Decides to consider the question on a priority basis at its fifty-second session under the agenda item entitled "Effective functioning of bodies established pursuant to United Nations human rights instruments".

62nd meeting
8 March 1995
[Adopted without a vote. See chap. XVIII.]

1995/93. Evaluation of the human rights programme of the
United Nations system, in accordance with the
Vienna Declaration and Programme of Action

The Commission on Human Rights,

Considering that the Vienna Declaration and Programme of Action (A/CONF.157/23), adopted by the World Conference on Human Rights on 25 June 1993 and endorsed by the General Assembly in resolution 48/121 of 20 December 1993, recommends that, among other relevant bodies of the United Nations, the Commission on Human Rights consider ways and means for the full implementation, without delay, of the recommendations contained in the Declaration and Programme of Action and that, for this purpose, the Commission should annually review the progress towards this end,

Recalling its resolution 1994/95 of 9 March 1994, in which it decided to review annually the progress towards the full implementation of the recommendations contained in the Vienna Declaration and Programme of Action,

Considering that the Vienna Declaration and Programme of Action stressed the importance of strengthening the United Nations Centre for Human Rights and the need for it to play an important role in coordinating system-wide attention for human rights,

Recognizing the necessity for the continuing adaptation of the United Nations human rights machinery to current and future needs in the promotion and protection of human rights to be conducted in a transparent manner through consultations with Member States and competent intergovernmental bodies,

Having in mind the prominent role played by the Commission on Human Rights as a policy-making body in the field of human rights within the United Nations system,

Recalling General Assembly resolution 48/141 of 20 December 1993 in which the General Assembly decided to create the post of High Commissioner for Human Rights as the United Nations official with principal responsibility for United Nations human rights activities,

Noting the respective functions of the Secretary-General and the pertinent bodies in the revision of the medium-term plan of the programme on human rights of the United Nations system, especially the Committee on Programme Planning and Coordination, the Third and Fifth Committees of the General Assembly and the Advisory Committee on Administrative and Budgetary Questions,

Stressing the need for the examination of the structures of the Secretariat of the United Nations dealing with human rights, particularly the Centre for Human Rights, to ensure the full implementation of the Vienna Declaration and Programme of Action and of all mandates established by decisions of competent bodies in the field of human rights,

Welcoming the statements by the High Commissioner for Human Rights on the subject to the Commission at its fifty-first session and his assurances that he will continue to keep Member States informed on these issues,

1. Encourages the General Assembly to continue its current examination of the proposed revisions to the medium-term plan of the programme on human rights of the United Nations system with a view to its early adoption;

2. Stresses the need for the United Nations bodies responsible for the revision of the medium-term plan of the human rights programme of the United Nations system to ensure full reflection of the Vienna Declaration and Programme of Action and of all mandates established by decisions of the competent bodies in the field of human rights;

3. Also stresses that the process of restructuring the Centre for Human Rights should ensure the full implementation of the Vienna Declaration and Programme of Action and of all mandates established by decisions of competent bodies in the field of human rights;

4. Requests the Secretary-General to convene, at least twice a year at Geneva, meetings with all interested States to provide information on the activities conducted by the Centre for Human Rights and its process of restructuring;

5. Expresses its confidence that the Secretary-General will continue to keep Member States informed on the follow-up of the present resolution;

6. Decides to consider this matter at its fifty-second session.

63rd meeting
10 March 1995
[Adopted without a vote. See chap. XXV.]

B. Decisions

1995/101. Organization of work

At its 2nd meeting, on 31 January 1995, the Commission decided, without a vote, to invite the following persons to participate in its meetings:

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

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

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

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

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

(f) In connection with item 10: Mr. L. Joinet, Chairman-Rapporteur of the Working Group on Arbitrary Detention;

(g) In connection with item 10: Mr. A. Hussain, Special Rapporteur on the right to freedom of opinion and expression;

(h) In connection with item 10: Mr. P. Cumaraswamy, Special Rapporteur on the independence of the judiciary;

(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 open-ended working group on a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment;

(l) In connection with item 11 (a): Ms. R. Coomaraswamy, Special Rapporteur on violence against women;

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

(n) In connection with item 12: Mr. R. Galindo Pohl, Special Representative on the situation of human rights in the Islamic Republic of Iran;

(o) In connection with item 12: Mr. A. Artucio Rodríguez, Special Rapporteur on the situation of human rights in Equatorial Guinea;

(p) In connection with item 12: Mr. F. Ermacora, Special Rapporteur on the situation of human rights in Afghanistan;

(q) In connection with item 12: Mr. Y. Yokota, Special Rapporteur on the situation of human rights in Myanmar;

(r) In connection with item 12: Mr. C.-J. Groth, Special Rapporteur on the situation of human rights in Cuba;

(s) In connection with item 12: Mr. T. Mazowiecki, Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia;

(t) In connection with item 12: Mr. M. van der Stoel, Special Rapporteur on the situation of human rights in Iraq;

(u) In connection with item 12: Mr. M.T. Bruni Celli, Special Rapporteur on the situation of human rights in Haiti;

(v) In connection with item 12: Mr. G. Biró, Special Rapporteur on the situation of human rights in the Sudan;

(w) In connection with item 12: Mr. R. Degni-Ségui, Special Rapporteur on the situation of human rights in Rwanda;

(x) In connection with item 12: Mr. B.W. N'diaye, Special Rapporteur on extrajudicial, summary or arbitrary executions;

(y) In connection with item 12: Mr. R. Garretón, Special Rapporteur on the situation of human rights in Zaire;

(z) In connection with item 12 or item 21: Ms. M. Pinto, Independent expert on the situation of human rights in Guatemala;

(aa) In connection with item 12 (b): Mr. F. Yimer, Chairman of the Working Group on Communications of the Subcommission on Prevention of Discrimination and Protection of Minorities; representatives of States in respect of which situations are being considered under item 12 (b);

(bb) In connection with item 15: Ms. L. Bautista, Chairman-Rapporteur of the Group of Three;

(cc) In connection with item 16: Mr. M. Glélé-Ahanhanzo, Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia and related intolerance;

(dd) In connection with item 19: Ms. J.S. Attah, Chairman of the forty-sixth session of the Subcommission;

(ee) In connection with item 21: Mr. M. Kirby, Special Representative of the Secretary-General on Cambodia;

(ff) In connection with item 21: Mr. P. Nikken, Independent expert on the situation of human rights in El Salvador;

(gg) In connection with item 21: Ms. A.M. Lizin, Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights;

(hh) In connection with item 22: Mr. A. Amor, Special Rapporteur on the question of religious intolerance;

(ii) In connection with item 23: Mr. J. Helgesen, Chairman-Rapporteur of the open-ended working group established 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;

(jj) In connection with item 24: Mr. N. Eliasson, Chairman-Rapporteur of the open-ended working group on a draft optional protocol to the Convention on the Rights of the Child on involvement of children in armed conflicts;

(kk) In connection with item 24: Ms. G. Simbine Machel, Expert appointed by the Secretary-General to undertake a study on the impact of armed conflict on children;

(ll) In connection with item 24 (b): Ms. O. Calcetas-Santos, Special Rapporteur on the sale of children, child prostitution and child pornography;

(mm) In connection with item 24 (d): Mr. I. Mora Godoy, Chairman-Rapporteur of the open-ended working group on 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.

[See chap. III.]

1995/102. Organization of the work of the session

At its 8th meeting, on 3 February 1995, the Commission decided to invite the representative of the Working Group on Enforced or Involuntary Disappearances dealing with the issue of enforced disappearances in the territory of the former Yugoslavia, Mr. M. Nowak, to participate in its meetings under item 10 (c).

[See chap. III.]

1995/103. Decision relating to items 5, 6 and 15

At its 8th meeting, on 3 February 1995, the Commission took note of the report of the Ad Hoc Working Group of Experts on southern Africa (E/CN.4/1995/23), the report of the Special Rapporteur on the transition to democracy in South Africa of the Subcommission on Prevention of Discrimination
and Protection of Minorities on the mission to South Africa from 7 to 18 November 1994 (E/CN.4/1995/24) and the report of the Group of Three established under the International Convention on the Suppression and Punishment of the Crime of Apartheid (E/CN.4/1995/76), and decided not to have a general debate on items 5, 6 and 15.

[See chaps. V, VI, XV.]

1995/104. A world conference against racism, racial and ethnic
discrimination, xenophobia and other related contemporary
forms of intolerance

At its 42nd meeting, on 24 February 1995, the Commission, taking note of resolution 1994/2 of 12 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities, decided to recommend, through the Economic and Social Council, to the General Assembly, at its fiftieth session, to consider the possibility of convening a world conference against racism, racial and ethnic discrimination, xenophobia and other related contemporary forms of intolerance.

[See chap. XVI.]

1995/105. Human rights and income distribution

At its 42nd meeting, on 24 February 1995, the Commission on Human Rights, taking note of resolution 1994/40 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities, approved the decision to appoint Mr. José Bengoa as Special Rapporteur on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution, at both national and international levels, taking also into account the preliminary and final reports of the Special Rapporteur of the Subcommission on human rights and extreme poverty and matters related to the realization of the right to development, with a view to determining how most effectively to strengthen activities in this field, and approved further the request to the Special Rapporteur to submit a preliminary report to the Subcommission at its forty-seventh session, a progress report at its forty-eighth session and a final report at its forty-ninth session.

[See chap. VII.]

1995/106. Organization of the work of the fifty-second regular session

At its 52nd meeting, on 3 March 1995, the Commission, in accordance with decision 1994/297 of 29 July 1994 of the Economic and Social Council, decided, without a vote, to recommend to the Economic and Social Council that the dates of the Commission's regular session be rescheduled, on a one-year trial basis, so that the next regular session would be held from 18 March to 26 April 1996.

[See chap. III.]

1995/107. Question of the implications for human rights of
United Nations action, including humanitarian
assistance, in addressing international
humanitarian problems and in the promotion
and protection of human rights

At its 52nd meeting, on 3 March 1995, the Commission on Human Rights, taking note of resolution 1994/25 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities, having due regard for the importance for all United Nations organs and bodies to consider the impact of their activities on human rights but also having regard for the need for the Subcommission to avoid making judgements on issues that are within the responsibility of other United Nations bodies and to avoid overloading its agenda, decided, without a vote, not to forward to the Economic and Social Council the draft decision of the Subcommission authorizing a study on the question of the implications for human rights of United Nations action, including humanitarian assistance, in addressing international humanitarian problems and in the promotion of human rights (E/CN.4/1995/2-E/CN.4/1994/56, chap. I, sect. B).

[See chap. XIX.]

1995/108. Protection of the heritage of indigenous people

At its 53rd meeting, on 3 March 1995, the Commission on Human Rights, noting resolution 1994/48 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities, decided, without a vote, to endorse the request to the Secretary-General to submit the principles and guidelines annexed to the preliminary report of the Special Rapporteur, Ms. Erica-Irene Daes, to indigenous people's organizations, communities and nations, as well as to Governments, specialized agencies and intergovernmental and non-governmental organizations concerned, for their comments; the request to the Special Rapporteur to prepare her final report on the basis, inter alia, of the comments and information received and to submit it to the Subcommission at its forty-seventh session; and the request to the Secretary-General to provide the Special Rapporteur with the necessary assistance to enable her to carry out her mandate successfully. The Commission recommended to the Economic and Social Council the following draft decision for adoption:

[For the text, see chap. I, sect. B, draft decision 39, and chap. XIX.]

1995/109. Study on treaties, agreements and other constructive
arrangements between States and indigenous populations

At its 53rd meeting, on 3 March 1995, the Commission on Human Rights, noting decision 1994/116 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities, endorsed, without a vote, the recommendation that the Special Rapporteur, Mr. Miguel Alfonso Martínez, make all possible efforts to submit his second progress report in 1995 to the Working Group on Indigenous Populations at its thirteenth session and to the Subcommission at its forty-seventh session, as well as his final report to both bodies in 1996. The Commission also endorsed the recommendation to request the Secretary-General to give the Special Rapporteur all the necessary assistance to allow him to continue his work, in particular by providing for the specialized research assistance required and for the necessary trips to Geneva for consultation with the Centre for Human Rights, and the resources needed for a research mission to the Vatican archives in Rome. The Commission recommended to the Economic and Social Council the following draft decision for adoption:

[For the text, see chap. I, sect. B, draft decision 40, and chap. XIX.]

1995/110. The right to a fair trial

At its 53rd meeting, on 3 March 1995, the Commission on Human Rights, noting resolution 1994/35 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities, expressed 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", and decided, without a vote, to endorse the proposal by the Subcommission that the full study be published in all the official languages of the United Nations, taking into account inter alia, the comments received from Governments and members of the Subcommission, as well as the most recent developments up to the date on which the report is ready for publication, and to give the study the widest possible distribution. The Commission also decided to consider, at its fifty-second session, the establishment of an open-ended working group to draft a third optional protocol to the International Covenant on Civil and Political Rights aiming at guaranteeing under all circumstances the right to a fair trial and a remedy, and recommended the following draft decision to the Economic and Social Council for adoption:

[For the text, see chap. I, sect. B, draft decision 41, and chap. X.]

1995/111. Recognition of gross and large-scale violations of
human rights as an international crime

At its 53rd meeting, on 3 March 1995, the Commission on Human Rights, noting resolution 1994/28 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities, decided, without a vote, to request the Subcommission, bearing in mind the work of the other United Nations bodies on this issue, to reconsider its recommendation to appoint a special rapporteur to prepare a report on the recognition of gross and large-scale violations of human rights, perpetrated on the orders of Governments or sanctioned by them, as an international crime.

[See chap. X.]

1995/112. Traditional practices affecting the health
of women and children

At its 53rd meeting, on 3 March 1995, the Commission on Human Rights, noting resolution 1994/30 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities, decided to endorse, without a vote, the recommendations of the Subcommission that:

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

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

(c) The Secretary-General be requested to provide all the assistance that the Special Rapporteur may require in the exercise of her mandate; and recommended the following draft decision to the Economic and Social Council for adoption:

[For the text, see chap. I, sect. B, draft decision 42, and chap. XI.]

1995/113. Question of human rights in Cyprus

At its 60th meeting, on 8 March 1995, the Commission decided, without a vote, to retain on its agenda item 12 (a), entitled "Question of human rights in Cyprus", and to give it due priority at its fifty-second session, it being understood that action required by previous resolutions of the Commission on the 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.]

1995/114. Question of the follow-up to the guidelines for the
regulation of computerized personal data files

At its 62nd meeting, on 8 March 1995, the Commission, referring to the guidelines for the regulation of computerized personal data files (E/CN.4/1990/72) adopted by the General Assembly in its resolution 45/95 of 14 December 1990, and taking note of the report of the Secretary-General prepared pursuant to Commission decision 1993/113 of 10 March 1993 (E/CN.4/1995/75), decided, without a vote:

(a) To request States and intergovernmental, regional and non-governmental organizations to cooperate fully with the Secretary-General by providing him with any relevant information on the application of the guidelines;

(b) To request the Secretary-General to continue to ensure the implementation of the guidelines in the United Nations system;

(c) To request the Secretary-General to report to it at its fifty-third session:

(i) On the application of the guidelines within the United Nations system;

(ii) On information collected from States and intergovernmental, regional and non-governmental organizations concerning the follow-up to the guidelines at the national and regional levels.

[See chap. XIV.]

1995/115. Organization of the work of the fifty-second session

At its 63rd meeting, on 10 March 1995, the Commission, taking into account its heavy schedule of work, 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 fifty-first 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-second session;

(b) To request the Chairman of the Commission at its fifty-second 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.]

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