1. The Commission on Human Rights held its fifty-first session at the United Nations Office at Geneva from 30 January to 10 March 1995. It held 64 meetings (E/CN.4/1995/SR.1-64) 1/ during the session.
2. The session was opened by Mr. Peter Paul van Wulfften Palthe, Chairman of the Commission at its fiftieth session, who made a statement. The High Commissioner for Human Rights and the Assistant Secretary-General for Human Rights also addressed the Commission at its 1st meeting.
B. Attendance
3. The session was attended by representatives of States members of the Commission, by observers for other States Members of the United Nations, by observers for 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
4. At its 1st meeting, on 30 January 1995, the Commission elected the following officers by acclamation:
Chairman: Mr. Musa bin Hitam (Malaysia)
Vice-Chairmen: Mr. Hocine Meghlaoui (Algeria)
Mr. Valentin Dobrev (Bulgaria)
Mr. José Bernard Pallais (Nicaragua)
Rapporteur: Mr. Hannu Halinen (Finland)
D. Agenda
5. Also at its 1st meeting, the Commission had before it the provisional agenda of the fifty-first session (E/CN.4/1995/1, E/CN.4/1995/1/Add.1 and Corr.1, Add.2 and Add.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 fiftieth session in accordance with paragraph 3 of Economic and Social Council resolution 1894 (LVII).
6. At its 23rd meeting, on 14 February 1995, the Commission accepted the recommendations of its officers to revise the provisional agenda, as follows: A sub-item entitled "(a) Indigenous issues" was added to item 19.
7. The agenda, as amended (E/CN.4/1995/1/Rev.1), was adopted without a vote. For the text as adopted, see annex II to the present report.
E. Organization of work
8. At its 2nd meeting, on 31 January 1995, the Commission considered the organization of its work.
9. The Commission had before it the following documents:
Report on the situation of human rights in Guatemala, prepared by Ms. Mónica Pinto, independent expert, pursuant to Commission on Human Rights resolution 1994/58 (E/CN.4/1995/15);
Report of the Secretary-General (E/CN.4/1995/16);
Report prepared by Mr. Peter Paul van Wulfften Palthe, Chairman of the informal open-ended working group on the organization of the work of the session convened pursuant to Commission on Human Rights decision 1994/111 (E/CN.4/1995/17);
Report of United Nations High Commissioner for Human Rights (E/CN.4/1995/98);
Letter dated 19 October 1994 from the Permanent Representative of the Islamic Republic of Iran addressed to the Commission on Human Rights (E/CN.4/1995/115);
10. 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, 15, 16; items 7, 8, 17, 18; items 13, 20, 22; items 11, 21; items 14, 26; and items 27, 28. The Commission further agreed to consider the agenda items in the following order: 4, 9; 5, 6, 15, 16; 7, 8 17, 18; 13, 20, 22; 19; 10; 11, 21; 12(b); 12; 24; 25; 14, 26; 23; 27, 28.
11. At the same meeting, 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 or group of items. Observers and non-governmental organizations were limited to one statement of 10 minutes per item or group of items. 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.
12. It was also recommended that guest speakers, special rapporteurs, and chairpersons of working groups should limit their statements to 15 minutes.
13. At its 46th meeting, on 28 February 1995, the Commission accepted the recommendation of its officers to limit the frequency and duration of statements. Members of the Commission were limited to one statement of 10 minutes per item or group of items, while observers and non-governmental organizations were limited to one statement of 5 minutes per item or group of items. Members of the Commission who were directly concerned by a country-specific report would, however, have the possibility of making a statement of 10 minutes in reaction to the report and, should they wish to do so, to make another statement of 10 minutes in the general debate under the item under consideration. Government observer delegations directly concerned by a country specific report would also have the possibility of making one statement of 10 minutes under the item, instead of the reduced 5-minute speaking time. It was also agreed that, with regard to statements in exercise of the right of reply, these were to be limited to 3 minutes and the second to 2 minutes.
14. 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.
15. For the text of the decision as adopted, see chapter II, section B, decision 1995/101.
16. At the 8th meeting, on 3 February 1995, the Commission decided to extend another invitation in addition to those decided by decision 1995/101.
17. For the text of the decision as adopted, see chapter II, section B, decision 1995/102.
18. At the 4th meeting, on 1 February 1995, Mr. Peter Paul van Wulfften Palthe, Chairman of the informal open-ended working group on the organization of the work of the session, introduced his report (E/CN.4/1995/17).
19. At the 8th meeting, on 3 February 1995, the Commission decided, owing to the observance of Ramadan, to reschedule the afternoon meetings from 3 to 6 p.m. to 3 to 5.30 p.m.
20. At the same meeting, the Commission decided to move the consideration of items 7, 8, 17 and 18 to 6 February 1995.
21. At the 34th meeting, on 21 February 1995, the independent expert on the situation of human rights in Guatemala, Ms. Mónica Pinto, introduced her report (E/CN.4/1995/15).
22. At its 52nd meeting, on 3 March 1995, the Commission decided to accept the recommendation of its officers to waive the requirement under rule 52 of the rules of procedure of the functional commissions of the Economic and Social Council that proposals and substantive amendments should be put to the vote no earlier than twenty-four hours after copies had been circulated to all members.
23. At the same meeting, the Commission, in accordance with decision 1994/297 of the Economic and Social Council, decided to recommend to the Economic and
Social Council that the dates of the Commission's regular session should be rescheduled, on a one-year trial basis, so that the next regular session would be held from 18 March to 26 April 1996.
24. For the text of the decision as adopted, see chapter II, section B, decision 1995/106.
25. At its 62nd meeting, on 8 March 1995, the Chairman made a statement in connection with the statements made by the Minister of Foreign Affairs of Sri Lanka, on 10 February 1995, and the representative of Sri Lanka, on 20 February 1995, concerning the situation in Sri Lanka.
"The Commission acknowledges the statements made by the Minister of Foreign Affairs of Sri Lanka and the Representative of Sri Lanka on the positive and meaningful steps the Government of Sri Lanka has taken to promote and protect human rights over the past year. The Commission commends the Government of Sri Lanka for these measures and notes the additional steps outlined in those statements, notably the establishment of a human rights commission with monitoring, investigative and advisory powers, and the proposed constitutional reforms that will entail the expansion of the existing scope of protection for human rights in line with internationally-accepted standards.
"The Commission wishes to express its conviction that Sri Lanka will sustain and build upon its commitment to uphold human rights and fundamental freedoms.
"The Commission appreciates the cooperation offered by the Government of Sri Lanka to all human rights mechanism of the United Nations, including the Commission on Human Rights. In particular, the Commission welcomes the invitation extended to the High Commissioner for Human Rights to visit Sri Lanka.
"The Commission condemns abuses of human rights by the Liberation Tigers of Tamil Eelam (LTTE) and strongly urges it to desist from such acts.
"The Commission expresses its support for the peace process initiated by the President of Sri Lanka and strongly urges the LTTE to respond positively and speedily to the steps taken by the Government and to take all necessary steps towards the achievement of a durable political solution."
F. Meetings, resolutions and documentation
26. Of the 64 meetings held by the Commission, five were extended to the equivalent of five additional meetings.
27. The resolutions and decisions adopted by the Commission at the fifty-first 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.
28. 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.
29. Annex IV contains a list of documents issued for the fifty-first session of the Commission.
G. Visits
30. At the 2nd meeting, on 31 January 1995, Ms. Lucette Michaux-Chevry, Minister-Delegate for Humanitarian Activities and Human Rights in France, addressed the Commission on behalf of the European Union.
31. At the 3rd meeting, on 31 January 1995, Mr. Luiz Felipe Lampreia, Minister of External Relations of Brazil, addressed the Commission.
32. At the 6th meeting, on 2 February 1995, Mr. Roberto R. Romulo, Secretary of Foreign Affairs of the Philippines, addressed the Commission.
33. At the 7th meeting, on 2 February 1995, Mr. Djovi Gally, Minister for Human Rights and Rehabilitation of Togo, addressed the Commission.
34. At the 8th meeting, on 3 February 1995, Mr. Josef Šesták, Secretary of State for Foreign Affairs of the Slovak Republic, addressed the Commission.
35. At the 9th meeting, on 3 February 1995, Mr. Poul Nielson, Minister for Development Cooperation of Denmark, addressed the Commission.
36. At the 10th meeting, on 6 February 1995, Mr. George Chicoti, Deputy Minister for Foreign Affairs of Angola, addressed the Commission.
37. At the 12th meeting, on 7 February 1995, Mr. Fernando Vega Santa Gadea, Minister of Justice of Peru, addressed the Commission.
38. At the 13th meeting, on 7 February 1995, Mrs. Sadako Ogata, United Nations High Commissioner for Refugees, addressed the Commission.
39. At the 14th meeting, on 8 February 1995, Mr. Douglas Hogg, Minister of State for Foreign and Commonwealth Affairs of the United Kingdom of Great Britain and Northern Ireland, addressed the Commission.
40. At the 15th meeting, on 8 February 1995, Ms. Audrey F. Glover, Director of the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE), addressed the Commission.
41. At the 16th meeting, on 9 February 1995, Mr. Máris Gailis, Prime Minister of Latvia, addressed the Commission.
42. At the same meeting, Mr. Mohamed Salah Dembri, Minister of Foreign Affairs of Algeria, addressed the Commission.
43. At the 18th meeting, on 10 February 1995, Ms. Christine Stewart, Secretary of State of Canada for Latin America and Africa, addressed the Commission.
44. At the same meeting, Mr. Manmohan Singh, Finance Minister of India, addressed the Commission.
45. At the 19th meeting, on 10 February 1995, Mr. Lakshman Kadirgamar, Minister of Foreign Affairs of Sri Lanka, addressed the Commission.
46. At the 20th meeting, on 13 February 1995, Mr. Alecos P. Michaelides, Minister of Foreign Affairs of Cyprus, addressed the Commission. At the 21st meeting, on 13 February 1995, the representatives of Turkey and Cyprus made statements in exercise of the right of reply.
47. At the same meeting, Mr. Sardar Aseff Ahmad Ali, Minister for Foreign Affairs for Pakistan, addressed the Commission. At the 21st meeting, on 13 February 1995, the representatives of India and Pakistan made statements in exercise of the right of reply. At the same meeting, the representatives of India and Pakistan made statements in exercise of the second right of reply.
48. At the 24th meeting, on 15 February 1995, Mr. Alexandre Sambat, Minister for Human Rights of Gabon, addressed the Commission.
49. At the 27th meeting, on 16 February 1995, Mr. Wolfgang Schallenberg, Vice-Minister for Foreign Affairs of Austria, addressed the Commission.
50. At the 29th meeting, on 17 February 1995, Mr. Madhav Kumar Nepal, Deputy Prime Minister and Minister for Foreign Affairs and Defence of Nepal, addressed the Commission.
51. At the same meeting, Mr. Bernard Narakobi, Minister for Agriculture of Papua New Guinea, addressed the Commission.
52. At the 33rd meeting, on 21 February 1995, Mr. Michael Lavarch, Attorney-General of Australia, addressed the Commission.
53. At the 34th meeting, on 21 February 1995, Ms. Rigoberta Menchú Tum, Nobel Peace Prize Laureate, addressed the Commission.
54. At the 38th meeting, on 23 February 1995, Mr. Hans van Mierlo, Deputy Prime Minister and Minister for Foreign Affairs of the Netherlands, addressed the Commission.
55. At the same meeting, Mrs. Marithza Ruiz de Vielman, Minister for Foreign Affairs of Guatemala, addressed the Commission.
56. At the same meeting, Mr. Abdelaziz Shiddo, Minister of Justice and Attorney-General of the Sudan, addressed the Commission.
57. At the 43rd meeting, on 27 February 1995, Mr. Mate Granic, Deputy Prime Minister and Minister for Foreign Affairs of Croatia, addressed the Commission.
58. At the same meeting, Ms. Joan Burton, Minister of State at the Department of Foreign Affairs of Ireland, addressed the Commission. At the 45th meeting, on 28 February 1995, the representative of Indonesia made a statement in exercise of the right of reply.
59. At the 46th meeting, Mr. Michael A. Agbamuche, Attorney-General and Minister of Justice of Nigeria, addressed the Commission.
60. At the 47th meeting, on 28 February 1995, Mr. José Ayala Lasso, United Nations High Commissioner for Human Rights, addressed the Commission.
61. At the 49th meeting, on 1 March 1995, Mr. Vartan Oskanian, Deputy Minister of Foreign Affairs of Armenia, addressed the Commission.
62. At the 52nd meeting, on 3 March 1995, Mr. Ramiro de León Carpio, President of the Republic of Guatemala, addressed the Commission.
63. At the same meeting, Mr. André Erdós, Special Representative of the Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), addressed the Commission.
64. At the 57th meeting, on 7 March 1995, Mr. Ivan Garvalov, Chairman of the Committee on the Elimination of Racial Discrimination and Chairman of the Fifth Meeting of Chairpersons of Treaty Bodies, addressed the Commission.
65. At the 61st meeting, on 8 March 1995, Mr. Oscar Alfredo Santamaría, Minister for Foreign Affairs of El Salvador, addressed the Commission.
H. Other matters
66. At the 29th meeting, on 17 February 1995, Mr. José Ayala Lasso, High Commissioner for Human Rights, made an urgent statement in regard to the situation of human rights in Burundi.
67. At the 43rd meeting, on 27 February 1995, the Commission observed a minute's silence in memory of Mr. Felix Ermacora, who had passed away on 24 February 1995.
68. The Commission considered agenda item 4 at its 2nd to 8th meetings, on 31 January to 3 February 1995, concurrently with item 9 (see chap. IX), and its 29th meeting, on 17 February 1995. 1/
69. In relation to agenda item 4, the Commission had before it the following documents:
Note verbale dated 18 April 1994 from the Permanent Mission of the League of Arab States to the United Nations Office at Geneva, addressed to the Centre for Human Rights (E/CN.4/1995/3);
Letter dated 4 July 1994 from the Permanent Observer for Palestine to the United Nations Office at Geneva, addressed to the Assistant Secretary-General for human Rights (E/CN.4/1995/8 - E/CN.4/Sub.2/1994/43);
Note verbale dated 17 May 1994 from the Permanent Mission of the League of Arab States to the United Nations Office at Geneva, addressed to the Centre for Human Rights (E/CN.4/1995/13);
Note verbale dated 27 June 1994 from the Permanent Mission of the League of Arab States to the United Nations Office at Geneva, addressed to the Centre for Human Rights (E/CN.4/1995/14);
Report of the Special Rapporteur, Mr. René Felber, on the human rights situation in the Palestinian territories occupied since 1967, submitted pursuant to Commission resolution 1993/2 A (E/CN.4/1995/19);
Report of the Secretary-General (E/CN.4/1995/20);
Report of the Secretary-General (E/CN.4/1995/21);
Note by the Secretary-General (E/CN.4/1995/22).
70. At the 8th meeting, on 3 February 1995, Mr. René Felber, Special Rapporteur on the human rights situation in the Palestinian territories occupied since 1967, introduced his report (E/CN.4/1995/19) to the Commission.
71. In the general debate on agenda item 4, statements 3/ were made by the following members of the Commission: Algeria (4th), Australia (5th), Bangladesh (6th), Brazil (6th), Canada (6th), China (5th), Cuba (6th), Egypt 3rd), France (on behalf of the European Union) (4th), India (4th), Indonesia (4th), Japan (4th), Malaysia (3rd), Mauritania (4th), Nicaragua (7th), Pakistan (6th), Republic of Korea (6th), Russian Federation (7th), Sri Lanka (7th), Sudan (3rd) and the United States of America (4th).
72. The Commission also heard statements by the observers for the following countries: Israel (5th), Libyan Arab Jamahiriya (7th), Morocco (6th), Norway (6th), Senegal (5th), Syrian Arab Republic (2nd) and Yemen (5th). The observer for Palestine also made a statement (2nd).
73. The Commission also heard statements by the following non-governmental organizations: Amnesty International (5th), Habitat International Coalition (5th), International Commission of Jurists (5th), International Confederation of Free Trade Unions (5th), Pax Christi International (3rd) and Women's International League for Peace and Freedom (4th).
74. At its 29th meeting, on 17 February 1995, the Commission took up consideration of the draft resolutions submitted under agenda item 4.
75. The representative of Mauritania introduced draft resolution E/CN.4/1995/L.3, sponsored by Algeria, Bahrain, Cuba, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, the Sudan, Tunisia and Yemen. Egypt, China, Indonesia, Malaysia and Pakistan subsequently joined the sponsors.
76. The representative of the United States of America requested a vote; at the request of the representative of Mauritania, a roll-call vote was taken on the draft resolution.
77. The draft resolution was adopted by 26 votes to 2, with 21 abstentions. The voting was as follows:
In favour: Algeria, Angola, Bangladesh, Bhutan, Brazil, Chile, China, Colombia, Cuba, Egypt, Ethiopia, Gabon, India, Indonesia, Malaysia, Mauritania, Mauritius, Mexico, Nepal, Pakistan, Philippines, Republic of Korea, Sri Lanka, Sudan, Venezuela, Zimbabwe.
Against: Russian Federation, United States of America.
Abstaining: Australia, Austria, Benin, Bulgaria, Canada, Côte d'Ivoire, Ecuador, El Salvador, Finland, France, Germany, Hungary, Italy, Japan, Netherlands, Nicaragua, Peru, Poland, Romania, Togo, United Kingdom of Great Britain and Northern Ireland.
78. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/1.
79. On 6 February 1995, draft resolution E/CN.4/1995/L.4 had been submitted by Algeria, Bahrain, Cuba, Egypt, the Islamic Republic of Iran, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Mauritania, Morocco, Oman, Qatar, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Viet Nam, and Yemen. The draft resolution read as follows:
"Human rights in the occupied Syrian Golan
"The Commission on Human Rights,
"Deeply concerned at the suffering of the population of the occupied Syrian Golan due to the violation of their human rights since the Israeli military occupation of 1967,
"Recalling Security Council resolution 497 (1981) of 17 December 1981,
"Recalling also all relevant General Assembly resolutions, including the latest, resolution 49/36 D of 9 December 1994, in which the Assembly, inter alia, called upon Israel to put an end to its occupation of the Arab Territories,
"Reaffirming once more the illegality of Israel's decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory,
"Reaffirming that the acquisition of territory by force is inadmissible under the principles of international law and under the Charter of the United Nations,
"Taking note with deep concern of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (A/49/511) and, in this connection, regretting Israel's constant refusal to cooperate with and to receive the Special Committee,
"Guided by the relevant provisions of the Charter of the United Nations and the Universal Declaration of Human Rights and with particular reference to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the relevant provisions of the Hague Conventions of 1899 and 1907,
"Reaffirming its previous relevant resolutions, the most recent being resolution 1994/2 of 18 February 1994,
"1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly and of the Security Council, particularly resolution 497 (1981), in which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect, and demanded that Israel, the occupying Power, should rescind forthwith its decision;
"2. Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties;
"3. Further calls upon Israel to stop its attempt forcibly to impose Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and its practices of annexation, establishment of settlements, confiscation of lands, diversion of water resources and imposition of a boycott on their agricultural products; and calls upon Israel to desist from its settlement designs and policies aimed against academic institutions with the goal of serving the objectives of occupation, and to desist from its repressive measures against the population of the occupied Syrian Golan;
"4. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and have no legal effect;
"5. Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to in the present resolution;
"6. Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations and to give it the widest possible publicity, and to report to the Commission on Human Rights at its fifty-second session;
"7. Decides to include in the provisional agenda of its fifty-second session, as a matter of high priority, the item entitled 'Question of the violation of human rights in the occupied Arab territories, including Palestine'."
80. At the 29th meeting, the representative of the Syrian Arab Republic introduced a revised draft resolution E/CN.4/1995/L.4/Rev.1, sponsored by Algeria, Bahrain, Cuba, Egypt, Indonesia, Kuwait, Lebanon, Malaysia, Mauritania, Morocco, Oman, Qatar, Somalia, the Sudan, Sri Lanka, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Viet Nam and Yemen. Bangladesh and Pakistan subsequently joined the sponsors.
81. The representative of the United States of America requested a vote; at the request of the representative of the Syrian Arab Republic, a roll-call vote was taken on the draft resolution.
82. The draft resolution was adopted by 25 votes to 1, with 23 abstentions. The voting was as follows:
In favour: Algeria, Angola, Bangladesh, Bhutan, Brazil, Chile, China, Colombia, Cuba, Egypt, Ethiopia, India, Indonesia, Malaysia, Mauritania, Mauritius, Mexico, Nepal, Pakistan, Philippines, Republic of Korea, Sri Lanka, the Sudan, Venezuela, Zimbabwe.
Against: United States of America.
Abstaining: Australia, Austria, Benin, Bulgaria, Canada, Côte d'Ivoire, Ecuador, El Salvador, Finland, France, Gabon, Germany, Hungary, Italy, Japan, Netherlands, Nicaragua, Peru, Poland, Romania, Russian Federation, Togo, United Kingdom of Great Britain and Northern Ireland.
83. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/2.
84. At the same meeting, the representative of France introduced draft resolution E/CN.4/1995/L.7, sponsored by Australia, Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom of Great Britain and Northern Ireland. Canada, Egypt, Iceland, Japan, Liechtenstein, Malta, New Zealand and Switzerland subsequently joined the sponsors.
85. The representative of the United States of America requested a vote; at the request of the representative of France, a roll-call vote was taken on the draft resolution.
86. The draft resolution was adopted by 46 votes to 1, with 3 abstentions. The voting was as follows:
In favour: Algeria, Angola, Australia, Austria, Bangladesh, Bhutan, Brazil, Bulgaria, Canada, Chile, China, Colombia, Côte d'Ivoire, Cuba, Ecuador, Egypt, Ethiopia, Finland, France, Gabon, Germany, Hungary, India, Indonesia, Italy, Japan, Malaysia, Mauritania, Mauritius, Mexico, Nepal, Netherlands, Nicaragua, Pakistan, Peru, Philippines, Poland, Republic of Korea, Romania, Russian Federation, Sri Lanka, the Sudan, Togo, United Kingdom of Great Britain and Northern Ireland, Venezuela and Zimbabwe.
Against: United States of America.
Abstaining: Benin, Cameroon and El Salvador.
87. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/3.
88. The Commission considered agenda item 5 concurrently with item 6, 15, 16 (see chaps. VI, XV, and XVI) at its 8th meeting, on 3rd February and at its 29th meeting, on 17 February 1995. 1/
89. The Commission had before it the final report of the Ad Hoc Working Group of Experts on Southern Africa (E/CN.4/1995/23).
90. At the 8th meeting, on 3 February 1995, the representative of Algeria, speaking on behalf of the African Group, made a proposal not to hold a general debate on agenda item 5.
91. The representatives of Bulgaria, Nepal, the Netherlands and Nicaragua, speaking on behalf of their respective regional groups, made statements supporting the proposal made by the representative of Algeria.
92. At the same meeting, the Commission took note of the report of the Ad Hoc Working Group of Experts on Southern Africa and decided not to hold a general debate on item 5.
93. For the text of the decision as adopted, see chapter II, section B, decision 1995/103.
94. At its 29th meeting, on 17 February 1995, the Commission took up consideration of the draft resolution submitted under agenda item 5.
95. The representative of Algeria introduced draft resolution E/CN.4/1995/L.8, sponsored by Algeria, Argentina, Benin, Brazil, Burundi, Côte d'Ivoire, Egypt, Ethiopia, France, Ghana, Iraq, Ireland, Madagascar, Mauritania, Mauritius, Morocco, Nigeria, Poland, Senegal, Slovakia, South Africa, the Sudan and Zimbabwe. Angola, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Chile, Cyprus, the Czech Republic, Denmark, El Salvador, Finland, Gabon, Gambia, Germany, Greece, Hungary, Iceland, India, Italy, Japan, Kenya, Malta, the Netherlands, New Zealand, Norway, Pakistan, Peru, Portugal, the Republic of Korea, Romania, Spain, Sweden, Togo, Tunisia, the United Kingdom of Great Britain and Northern Ireland, the United States of America and Venezuela subsequently joined the sponsors.
96. The draft resolution was adopted without a vote.
97. After the adoption of the draft resolution the observer for South Africa made a statement.
98. For the text of the resolution as adopted, see chapter II section A, resolution 1995/8.
99. The Commission considered agenda item 6 concurrently with items 5, 15 and 16 (see chaps. V, XV and XVI) at its 8th meeting, on 3 February, and at its 30th meeting, on 17 February 1995. 1/
100. The Commission had before it the report of the Special Rapporteur on the transition to democracy in South Africa, Ms. Judith Sefi Attah, on her mission to South Africa from 7 to 8 November 1994 (E/CN.4/1995/24).
101. At the 8th meeting, on 3 February 1995, the Special Rapporteur introduced her report.
102. At the same meeting, the representative of Algeria, speaking on behalf of the African Group, made a proposal not to hold a general debate on agenda item 6.
103. The representatives of Bulgaria, Nepal, the Netherlands and Nicaragua, speaking on behalf of their respective regional groups, made statements supporting the proposal made by the representative of Algeria.
104. At the same meeting, the Commission took note of the report of the Special Rapporteur on her mission to South Africa and decided not to hold a general debate on item 6.
105. For the text of the decision as adopted, see chapter II, section B, decision 1995/103.
106. At the 30th meeting, on 17 February 1995, the Commission took up consideration of a draft resolution submitted under agenda item 6.
107. The observer for Nigeria introduced draft resolution E/CN.4/1995/L.5, sponsored by Algeria, Cameroon, China, Côte d'Ivoire, Ethiopia, Kenya, Libyan Arab Jamahiriya, Madagascar, Mauritania, Mauritius, Morocco, Nigeria, South Africa, the Sudan, Tunisia and Zimbabwe. Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, Cuba, Cyprus, the Czech Republic, Denmark, Egypt, El Salvador, Finland, France, the Gambia, Germany, Greece, Iceland, Iraq, Ireland, Italy, Japan, Malaysia, Malta, Nepal, the Netherlands, Norway, Portugal, the Republic of Korea, Romania, Senegal, Spain, Sweden, Togo, the United Kingdom of Great Britain and Northern Ireland and the United States of America subsequently joined the sponsors.
108. The draft resolution was adopted without a vote.
109. After the adoption of the draft resolution, the observer for South Africa made a statement.
110. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/9.
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
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
111. The Commission considered agenda item 7 concurrently with items 8, 17 and 18 (see chaps. VIII, XVII and XVIII) at its 10th to 19th meetings, on 6 to 10 February, and at its 41st meeting, on 24 February 1995. 1/
112. The Commission had before it the following documents:
Report of the Secretary-General, prepared in pursuance of Commission of Human Rights resolution 1994/11 (E/CN.4/1995/25 and Add.1-2);
Note by the Secretariat: report of the seminar on extreme poverty and the denial of human rights (E/CN.4/1995/101);
Letter dated 10 January 1995 from the Ambassador of the Federal Republic of Yugoslavia to the United Nations Office at Geneva, addressed to the Chairman of the Commission on Human Rights (E/CN.4/1995/124);
Letter dated 10 January 1995 from the Ambassador of the Federal Republic of Yugoslavia to the United Nations Office at Geneva, addressed to the Chairman of the Commission on Human Rights (E/CN.4/1995/125);
Letter dated 10 January 1995 from the Ambassador of the Federal Republic of Yugoslavia to the United Nations Office at Geneva, addressed to the Chairman of the Commission on Human Rights (E/CN.4/1995/127);
Letter dated 10 January 1995 from the Ambassador of the Federal Republic of Yugoslavia to the United Nations Office at Geneva, addressed to the Chairman of the Commission on Human Rights (E/CN.4/1995/131);
Note verbale dated 16 January 1995 from the Permanent Mission of Iraq to the United Nations Office at Geneva, addressed to the Centre for Human Rights (E/CN.4/1995/137);
Written statement submitted by Centre Europe-tiers monde, a non-governmental organization on the Roster (E/CN.4/1995/NGO/32).
113. In the general debate on agenda item 7, statements 3/ were made by the following members of the Commission: Algeria (14th), Australia (12th), Benin (17th), Bulgaria (14th), Canada (15th), Chile (14th), Colombia (10th), Cuba (14th), Ecuador (17th), Egypt (14th), El Salvador (12th), France (on behalf of the European Union) (10th), Malaysia (17th), Nepal (14th), the Netherlands (14th), Nicaragua (12th), the Philippines (15th), Poland (14th), the Russian Federation (17th), the Sudan (13th), Venezuela (10th).
114. The Commission also heard statements by the observers for: Ghana (15th), the Holy See (13th), Honduras (16th), Iraq (12th), Kenya (18th), the Libyan Arab Jamahiriya (17th), Madagascar (13th), Nigeria (17th), Ukraine (17th), Viet Nam (14th), Yemen (18th).
115. The Commission also heard statements by the following non-governmental organizations: African Association of Education for Development (16th), American Association of Jurists (13th), Centre Europe-tiers monde (18th), Commission for the Defence of Human Rights in Central America (16th), Habitat International Coalition (18th), Indian Institute for Non-Aligned Studies (12th), International Association of Educators for World Peace (14th), International Committee for European Security and Cooperation (18th), International Confederation of Free Trade Unions (12th), International Federation of Rural Adult Catholic Movements (18th), International Federation - Terre des Hommes (12th), International Humanist and Ethical Union (12th), International Movement ATD Fourth World (12th), International Organization for the Development of Freedom of Education (12th), Latin American Federation of Associations of Relatives of Disappeared Detainees (16th), Movement against Racism and for Friendship among Peoples (12th), Pax Romana (10th), Union of Arab Jurists (18th), Women's International League for Peace and Freedom (14th), World Confederation of Labour (18th), World Conference on Religion and Peace (18th), World Federation of Democratic Youth (18th), World Federation of Trade Unions (16th), World Organization against Torture (16th), World University Service (18th).
116. At its 41st meeting, on 24 February 1995, the Commission took up consideration of the draft resolutions and draft decisions submitted under agenda item 7.
117. On 17 February 1995, draft resolution E/CN.4/1995/L.18 was submitted by the following countries: Angola, Benin, Cuba, the Democratic People's Republic of Korea, Iran (Islamic Republic of), Iraq, Nepal, Nigeria, the Sudan, the Syrian Arab Republic, Venezuela, Viet Nam. The draft resolution read as follows:
"Effects on the full enjoyment of human rights of the
economic adjustment policies arising from foreign
debt and, in particular, of the implementation of
the Declaration on the Right to Development
economic adjustment policies arising from foreign
debt and, in particular, of the implementation of
the Declaration on the Right to Development
"The Commission on Human Rights,
"Recalling that the purpose of the Universal Declaration of Human Rights is the full promotion and protection of human rights and fundamental freedoms, namely, civil, political, economic, social and cultural rights,
"Recalling also that one of the purposes of the United Nations is to achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,
"Recalling further General Assembly resolution 32/130 of 16 December 1977,
"Reaffirming the Declaration on Social Progress and Development proclaimed by the General Assembly in its resolution 2542 (XXIV) of 11 December 1969 and the Declaration on the Right to Development adopted by the General Assembly in its resolution 41/128 of 4 December 1986,
"Bearing in mind resolutions 1989/20 and 1989/21 of 31 August 1989, 1990/16 of 30 August 1990, 1991/27 of 29 August 1991, 1992/29 of 27 August 1992, 1993/40 of 26 August 1993 and 1994/40 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities,
"Recognizing that the activities of the various organizations in the United Nations system should be closely interrelated and that it is necessary to draw on all the efforts made in the various disciplines relating to the human person in order to promote all human rights effectively,
"Having in mind the World Declaration on the Survival, Protection and Development of Children and the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s, adopted by the World Summit for Children on 30 September 1990,
"Aware that the serious problem of foreign debt remains one of the most acute factors adversely affecting economic and social development and the living standards of the inhabitants in many developing countries, with serious effects of a social nature,
"Concerned about the repercussions of structural adjustment programmes in the realization and full enjoyment of economic, social and cultural rights,
"Recognizing the need to address the obstacles that impede the implementation of the Declaration on the Right to Development and the enjoyment of economic, social and cultural rights all over the world,
"Aware of the fact that the Working Group on the Right to Development identified the problem of foreign debt as one of the obstacles to the implementation of the Declaration on the Right to Development,
"Deeply concerned that the debt-service obligations remain high, that the factors determining the capacity to pay have not moved in consonance with the debt-service obligations of the majority of developing countries and that the prospects for reducing the adverse effects of the debt burden on the development process in developing countries continue to be uncertain,
"Noting with regret the negative effects of the policies adopted to face situations of external debt on the realization and enjoyment of economic, social and cultural rights,
"Stressing that the present international economic order continues to be unfair and needs to be transformed,
"Stressing also that measures for debt reduction need to be accompanied by vigorous measures aimed at improving the international economic environment in order to facilitate the growth and development of developing countries,
"Considering that the new strategies for solving the debt problem, of both official and private origin, require policies of economic adjustment accompanied by growth and development and that it is essential, within those policies, to give priority consideration in their implementation to human conditions, including standards of living, health, food, education and employment of the population, especially among the most vulnerable and low-income groups,
"Taking into account the particular concern expressed by the General Assembly at the growing deterioration of living conditions in the developing world, at its negative effects on the full enjoyment of human rights, and especially at the very serious economic situation of the African continent and at the terrible effects of the heavy burden of external debt on the developing countries,
"Recalling its resolutions 1989/15 of 2 March 1989, 1990/17 and 1990/18 of 23 February 1990, 1991/13 of 22 February 1991, 1992/9 of 21 February 1992, 1993/12 of 26 February 1993 and 1994/11 of 25 February 1994,
"Taking into account the report submitted by the Secretary-General in accordance with its resolution 1994/11 (E/CN.4/1995/25 and Add.1 and 2),
"1. Endorses the report submitted by the Secretary-General in accordance with its resolution 1994/11;
"2. Stresses the importance of alleviating the debt and debt-service burdens of developing countries with debt problems in the framework of the realization of economic, social and cultural rights;
"3. Also stresses the need to implement additional debt-reduction measures, including further cancellation or reduction of part of the official debt or debt-service, and the adoption of more urgent actions with regard to the commercial and multilateral debt owed by developing countries, taking into account, in particular, the needs of debtor countries;
"4. Emphasizes that, in addition to debt-relief measures that include debt and debt-service reduction, there is a need for new financial flows to debtor developing countries, and urges the creditor
countries and the multilateral financial institutions to continue to extend concessional financial assistance in order to support the implementation by the developing countries of their economic reform programmes, so as to enable them to achieve adequate technological and productive progress and extricate themselves from the debt overhang and to assist them in achieving economic growth and development;
"5. Affirms that debt payments should not take precedence over the basic rights of the people of debtor countries to food, shelter, clothing, employment, health services and a healthy environment;
"6. Requests the Working Group on the Right to Development to continue to pay particular attention in its deliberations to the social repercussions of the policies adopted to face situations of external debt on the effective enjoyment of economic, social and cultural rights and to make recommendations in this regard;
"7. Recognizes that there is a need for more transparency in the activities of international financial institutions;
"8. Requests the international financial institutions to report periodically to the General Assembly and the Economic and Social Council on the social repercussions of their policies on the full enjoyment of economic, social and cultural rights in the developing countries;
"9. Stresses that foreign debt continues to be one of the major obstacles to the realization of the right to development;
"10. Considers that in order to find a durable solution to the debt crisis of developing countries and in addition to technical measures that should be implemented in order to alleviate the debt burden of those countries, there is a need for a political dialogue between creditor and debtor countries in the United Nations system, based on the principle of shared responsibility, and in this regard requests the Secretary-General to carry out this dialogue;
"11. Also considers that the above-mentioned dialogue should contribute to the initiation of an integral process aimed at restructuring the international economic order with the objective of achieving more equitable and fair relations among all nations of the world;
"12. Affirms that the process of consultations already initiated by the Secretary-General in accordance with Commission resolution 1994/11 should lead to the convening of high-level meetings at regional and world levels;
"13. Decides to appoint a special rapporteur on human rights and debt for a period of three years, in order to gather information and to report annually to the Commission, starting at its fifty-second session, on the effects of the economic adjustment policies arising from foreign debt on the full enjoyment of human rights and, in particular, on the implementation of the Declaration on the Right to Development, taking into account the recommendations of the Working Group on the Right to Development;
"14. Requests the Secretary-General to provide the Special Rapporteur with all the necessary financial and human resources for the fulfilment of his or her mandate;
"15. Requests the High Commissioner for Human Rights to pay particular attention to the problem of the debt burden of developing countries;
"16. Requests the Secretary-General to establish a programme unit in the Centre for Human Rights for the promotion of economic, social and cultural rights, in particular those related to the debt burden of developing countries and the implementation of the right to development;
"17. Also requests the Secretary-General to report to the Commission, at its fifty-second session, on the implementation of the present resolution;
"18. Also decides to continue to consider, at its fifty-second session, the agenda item entitled '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:
(a) 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;
(b) The effects of the existing unjust international economic order on the economies of the developing countries, and the obstacle that this represents for the implementation of human rights and fundamental freedoms';
"19. Recommends the following draft decision to the Economic and Social Council for adoption:
The Economic and Social Council, taking note of Commission on Human Rights resolution ... of ... 1995, decides to endorse the Commission's decision to appoint a special rapporteur on human rights and debt for a period of three years, in order to gather information and to report annually to the Commission, starting at its fifty-second session, on the effects of the economic adjustment policies arising from foreign debt on the full enjoyment of human rights and, in particular, on the implementation of the Declaration on the Right to Development, taking into account the recommendations of the Working Group on the Right to Development; and requests the Secretary-General to provide the Special Rapporteur with all the necessary financial and human resources to fulfil the mandate."
118. At the 41st meeting, on 24 February 1995, the representative of Cuba introduced a revised draft resolution E/CN.4/1995/L.18/Rev.1, sponsored by Angola, Benin, Cuba, the Democratic People's Republic of Korea, Iran (Islamic Republic of), Iraq, Nepal, Nigeria, the Sudan, the Syrian Arab Republic, Venezuela, Viet Nam. Egypt, Guinea-Bissau, Haiti, the Libyan Arab Jamahiriya, Madagascar and the Philippines subsequently joined the sponsors.
119. The representative of Cuba orally revised the revised draft resolution by deleting operative paragraph 16, which was identical to operative paragraph 19 of draft resolution E/CN.4/1995/L.18.
120. At the request of the representative of France, a roll-call vote was taken on the draft resolution.
121. The revised draft resolution, as orally revised, was adopted by 33 votes to 15, with 4 abstentions. The voting was as follows:
In favour: Algeria, Angola, Bangladesh, Benin, Bhutan, Brazil, Cameroon, Chile, China, Colombia, Côte d'Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Guinea-Bissau, India, Indonesia, Malaysia, Mauritania, Mauritius, Mexico, Nepal, Nicaragua, Pakistan, Philippines, Sri Lanka, Sudan, Togo, Venezuela, Zimbabwe.
Against: Austria, Australia, Canada, Finland, France, Germany, Hungary, Italy, Japan, Netherlands, Poland, Romania, Russian Federation, United Kingdom of Great Britain and Northern Ireland, United States of America.
Abstaining: Bulgaria, Dominican Republic, Republic of Korea, Peru.
122. At the 42nd meeting, on the same day, statements in explanation of vote after the vote were made by the representatives of France (on behalf of the European Union) and Japan.
123. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/13.
124. On 8 February 1995, draft resolution E/CN.4/1995/L.6 was introduced by the United Kingdom of Great Britain and Northern Ireland.
125. Subsequently, the draft resolution was withdrawn by the sponsor. Draft resolution E/CN.4/1995/L.6 read as follows:
"Human rights and the environment
"The Commission on Human Rights,
"Recalling General Assembly resolutions 43/196 of 20 December 1988, 44/172 A and B of 19 December 1989, 44/228 of 22 December 1989, 45/211 of 21 December 1990, 46/168 of 19 December 1991 and 47/190 of 22 December 1992,
"Recalling also its resolutions 1993/90 of 10 March 1993 and 1994/65 of 9 March 1994,
"Reaffirming the Rio Declaration on Environment and Development (A/CONF.151/26, vol. I) and Agenda 21 (A/CONF.151/26, vol. II), adopted by the United Nations Conference on Environment and Development on 14 June 1992,
"Noting the need to adopt an integrated and balanced approach to the issues related to sustainable development, democracy and human rights,
"Taking note of the reports submitted to the Subcommission on Prevention of Discrimination and Protection of Minorities by its Special Rapporteur on human rights and the environment, Mrs. Fatma Zohra Ksentini (E/CN.4/Sub.2/1992/7 and Add.1, E/CN.4/Sub.2/1993/7 and E/CN.4/Sub.2/1994/9 and Corr.1),
"Conscious of the important work undertaken on environment and development issues by the Commission on Sustainable Development, the United Nations Environment Programme and other relevant forums,
"Considering that the promotion of an environmentally healthy world contributes to protection of the human rights to life and health of everyone, and reaffirming that in this connection States shall act in accordance with their common but differentiated responsibilities and respective capabilities,
"Recognizing that illicit dumping of toxic and dangerous substances and waste potentially constitute a serious threat to the human rights to life and health of everyone, bearing especially in mind the vulnerability and concern of developing countries, and that States should adopt and vigorously implement existing conventions relating to the dumping of toxic and dangerous products and waste, and cooperate in the prevention of illicit dumping,
"Reaffirming that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,
"Reaffirming also the importance of promoting, facilitating and financing, as appropriate, the access to and the transfer of environmentally sound technologies and corresponding know-how, in particular to developing countries, on favourable terms, including on concessional and preferential terms, as mutually agreed, taking into account the need to protect intellectual property rights, as well as the special needs of developing countries,
"1. Recognizes that many existing human rights and environmental instruments mentioned in the final report of the Special Rapporteur on human rights and the environment of the Subcommission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1994/9 and Corr.1) can be useful tools to ensure a healthy environment for all;
"2. Calls upon States to implement effectively the Rio Declaration on Environment and Development, Agenda 21 and those international environmental and human rights instruments to which they are parties;
"3. Requests the Secretary-General to submit to the Commission at its fifty-second session a report analysing which United Nations bodies, including the Commission on Sustainable Development, are addressing and would be best suited to address the issues raised in the report of the Special Rapporteur of the Subcommission and the follow-up to that report, including the resource implications."
126. On 17 February 1995, draft resolution E/CN.4/1995/L.22 was submitted by the following countries: Cuba, Democratic People's Republic of Korea, Ecuador, El Salvador, India, Iraq, Kenya, Mauritania, Nicaragua, Nigeria, Peru, Uruguay, Viet Nam. The draft resolution read as follows:
"Human rights and the environment
"The Commission on Human Rights,
"Recalling General Assembly resolutions 43/196 of 20 December 1988, 44/172 A and B of 19 December 1989, 44/228 of 22 December 1989, 45/211 of 21 December 1990, 46/168 of 19 December 1991 and 47/190 of 22 December 1992,
"Recalling also its resolutions 1993/90 of 10 March 1993 and 1994/65 of 9 March 1994,
"Reaffirming the Rio Declaration on Environment and Development (A/CONF.151/26, vol. I) and Agenda 21 (A/CONF.151/26, vol. II), adopted by the United Nations Conference on Environment and Development on 14 June 1992,
"Noting the need to adopt an integrated and balanced approach to the issues related to sustainable development, democracy and human rights,
"Taking note of the reports submitted to the Subcommission on Prevention of Discrimination and Protection of Minorities by its Special Rapporteur on human rights and the environment, Mrs. Fatma Zohra Ksentini (E/CN.4/Sub.2/1992/7 and Add.1, E/CN.4/Sub.2/1993/7 and E/CN.4/Sub.2/1994/9 and Corr.1),
"Taking into account resolutions 1994/27 and 1994/37 of 26 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities,
"Conscious of the important work undertaken on environment and development issues by the Commission on Sustainable Development, the United Nations Environment Programme and other relevant forums,
"Considering that the promotion of an environmentally healthy world contributes to the protection of the human rights to life and health of everyone, and reaffirming that in this connection States shall act in accordance with their common but differentiated responsibilities and their respective capabilities,
"Recognizing that illicit dumping of toxic and dangerous substances and waste potentially constitutes a serious threat to the human rights to life and health of everyone, bearing especially in mind the vulnerability and concern of developing countries, and that States should vigorously implement the existing conventions related to the dumping of toxic and dangerous products and waste and cooperate in the prevention of illicit dumping,
"Reaffirming that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,
"Reaffirming also the importance of promoting, facilitating and financing, as appropriate, the access to, the transfer and the development of environmentally sound technologies and corresponding know-how, in particular to developing countries, on favourable terms, including on concessional and preferential terms, as mutually agreed, taking into account the need to protect intellectual property rights, including the traditional knowledge of indigenous peoples and local communities, as well as the special needs of developing countries,
"1. Reaffirms principle number 1 of the Rio Declaration on Environment and Development (A/CONF.151/26, vol. I), which states that human beings are at the centre of concerns for sustainable development and that they are entitled to a healthy and productive life in harmony with nature;
"2. Reiterates that the right to development must be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations;
"3. Recognizes that environmental damage has potentially negative effects on human rights and the enjoyment of life, health and a satisfactory standard of living;
"4. Expresses its appreciation to the Special Rapporteur of the Subcommission on Prevention of Discrimination and Protection of Minorities, Mrs. Fatma Zohra Ksentini, for her final report (E/CN.4/Sub.2/1994/9 and Corr.1) and the issues raised therein;
"5. Requests that the Special Rapporteur's final report with the annexes be published by the United Nations in all the official languages;
"6. Recalls that everyone has the right to enjoy the benefit of scientific progress and its application and calls for international cooperation to ensure that human rights and dignity are fully respected in this area of universal concern;
"7. Also recalls chapter 33 of Agenda 21 (A/CONF.151/26, vol. II) on the provision of new and additional financial resources to developing countries to achieve sustainable development;
"8. Requests the Secretary-General to submit to the Commission on Human Rights, at its fifty-second session, a report containing the opinions of Governments, specialized agencies, intergovernmental and non-governmental organizations on the issues raised in the report of the Special Rapporteur of the Subcommission and to make recommendations on appropriate follow-up to the report;
"9. Decides to continue its consideration of this question at its fifty-second session under the agenda item entitled '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'."
127. At the 41st meeting, on 24 February 1995, the representative of Cuba introduced a revised draft resolution E/CN.4/1995/L.22/Rev.1, sponsored by Cuba, the Democratic People's Republic of Korea, Ecuador, El Salvador, India, Iraq, Kenya, Mauritania, Nicaragua, Nigeria, Peru, Uruguay and Viet Nam. Algeria, Angola, Colombia, Guinea-Bissau, Haiti, Venezuela and Zimbabwe subsequently joined the sponsors.
128. At the same meeting, the representative of Cuba orally amended the revised draft resolution by deleting, in operative paragraph 5, the words "with the annexes" after the words "final report".
129. At the same meeting, the representative of Brazil proposed that the words "indigenous peoples" should be replaced by "indigenous people" in the last preambular paragraph of the English text of the draft resolution.
130. Statements in connection with the revised draft resolution and the proposed amendment were made by the representatives of Cuba and France (on behalf of the European Union).
131. The representative of the United States of America made a statement about the draft resolution.
132. The revised draft resolution, as orally modified, was adopted without a vote.
133. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/14.
134. At the same meeting, the observer for Portugal introduced draft resolution E/CN.4/1995/L.24, sponsored by Angola, Australia, Austria, Belgium, Benin, Bulgaria, Costa Rica, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Luxembourg, Madagascar, Norway, Peru, the Philippines, Poland, Portugal, Romania, the Russian Federation, Senegal, Slovakia, Spain, Sweden, Switzerland, Ukraine and the United Kingdom of Great Britain and Northern Ireland. Cameroon, Canada, Chile, Ecuador, El Salvador, Guinea-Bissau, Haiti, Ireland, Italy, Latvia, the Netherlands, the Republic of Korea, Slovenia and Tunisia subsequently joined the sponsors.
135. The observer for Portugal orally revised the draft resolution as follows:
(a) In operative paragraph 7, the word "appropriate" was inserted before "indicators";
(b) In operative paragraph 16, the words "look into the consideration of human rights issues in the adoption of all relevant policies, projects and practices" were replaced by the words "as well as to assess the impact of their policies and programmes on the enjoyment of human rights";
(c) In operative paragraph 18, the words "Secretary-General" were replaced by "High Commissioner for Human Rights".
136. Statements in connection with the draft resolution were made by the representatives of Cuba, India, the Sudan and the United States of America.
137. The draft resolution, as revised, was adopted without a vote.
138. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/15.
139. At the same meeting, the representative of France introduced draft resolution E/CN.4/1995/L.25, sponsored by Argentina, Austria, Belgium, Burundi, Chile, Côte d'Ivoire, Cyprus, the Czech Republic, Denmark, Finland, France, Germany, Greece, Guatemala, Ireland, Italy, Mexico, Nigeria, Portugal, the Russian Federation, Senegal, Slovakia, Spain and Switzerland. Australia, Canada and Venezuela subsequently joined the sponsors.
140. The representative of France orally revised the draft resolution as follows:
(a) After operative paragraph 2, a new operative paragraph was inserted as follows: "Acknowledges that this question will be considered in the future in the light of the declaration and programme of action to be adopted by the World Summit for Social Development";
(b) In operative paragraph 8, the word "re-examined" was replaced by the words "considered subsequently";
(c) After operative paragraph 11, a new operative paragraph was inserted as follows: "Also invites the Special Rapporteur to give attention to the declaration and programme of action to be adopted by the World Summit for Social Development";
(d) The paragraphs were renumbered accordingly.
141. The draft resolution, as orally revised, was adopted without a vote.
142. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/16.
143. In view of the adoption of revised draft resolution E/CN.4/1995/L.22/Rev.1, the Commission took no action on draft resolution II recommended by the Subcommission for adoption by the Commission (E/CN.4/1995/2-E/CN.4/Sub.2/1994/56, chap. I, sect. A) (see paras. 127-133 above).
144. At the same meeting, the Commission considered draft resolution IV recommended by the Subcommission for adoption by the Commission (E/CN.4/1995/2-E/CN.4/Sub.2/1994/56, chap. I, sect. A).
145. Statements about the draft resolution were made by the representatives of Cuba and the Netherlands.
146. The Commission decided to postpone consideration of draft resolution IV recommended by the Subcommission for adoption by the Commission.
147. At its 42nd meeting, on 24 February 1995, the Commission resumed consideration of draft resolution IV recommended by the Subcommission for adoption by the Commission.
148. Statements in connection with the draft resolution were made by the representatives of Chile, Colombia, Cuba and France.
149. At the same meeting, the Commission decided further to postpone consideration of the draft resolution.
150. At the same meeting, the Commission resumed consideration of draft resolution IV.
151. The representative of the Netherlands proposed that the draft resolution should be amended as follows:
(a) Operative paragraph 3 which read:
"Also requests the Secretary-General to organize an expert seminar on the human right to adequate housing in order to discuss appropriate, effective and comprehensive final conclusions and recommendations for inclusion in the final report;"
should be deleted;
(b) Operative paragraph 4 (b), which read:
"Organize an expert seminar on promoting the full realization of the right to adequate housing in order to discuss appropriate, effective and comprehensive conclusions and recommendations for inclusion in the final report of the Special Rapporteur;"
should be deleted;
(c) The other paragraphs should be renumbered accordingly.
152. The draft resolution, as orally amended, was adopted without a vote.
153. At the same meeting, the representative of Cuba made a statement about the draft resolution.
154. For the text of the resolution as adopted, see chapter II, section A, resolution 1995/19.
155. At its 41st meeting, on the same day, in view of the adoption of draft resolution E/CN.4/1995/L.25 (see paras. 139-142), the Commission took no action on draft resolution V recommended by the Subcommission for adoption by the Commission (E/CN.4/1995/2-E/CN.4/Sub.2/1994/56, chap. I, sect. A).
156. At the same meeting, in view of the adoption of draft resolution E/CN.4/1995/L.24, the Commission took no action on draft decision 10 recommended by the Subcommission for adoption by the Commission (E/CN.4/1995/2-E/CN.4/Sub.2/1994/56, chap. I, sect. B).
157. At the same meeting, the Commission considered draft decision 11 recommended by the Subcommission for adoption by the Commission (E/CN.4/1995/2-E/CN.4/Sub.2/1994/56, chap. I, sect. B).
158. Statements in connection with the draft decision were made by the representatives of Algeria, Canada, Cuba, Chile, France, India, the Netherlands and the United States of America.
159. At its 42nd meeting, on the same day, the Commission decided to postpone consideration of the draft decision.
160. At the same meeting, the Commission resumed consideration of the draft decision.
161. The representative of Chile proposed that the draft decision should be amended by adding, after the words "taking into account", the words "the preliminary and the final reports of the Special Rapporteur of the Subcommission on human rights and extreme poverty and".
162. The draft decision was adopted, as amended, without a vote.
163. For the text of the decision as adopted, see chapter II, section B, decision 1995/105.
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