COMMISSION ON HUMAN RIGHTS ADOPTS RESOLUTIONS ON SITUATIONS IN SOMALIA, CAMBODIA AND HAITI

AFTERNOON
28 April 1999
HR/CN/99/63


Also Passes Omnibus Measures on Racial Discrimination and Child Rights

The Commission on Human Rights expressed concern this afternoon over continuing human-rightsdifficulties in Somalia, Cambodia and Haiti -- while also noting progress as a result of international or Governmental efforts -- and adopted lengthy resolutions on racial discrimination and the rights of the child.

Striving to complete action on all pending draft resolutions before its scheduled adjournment Friday, the Commission also passed measures on the right to development; regional arrangements for the promotion and protection of human rights; human rights and thematic procedures; national institutions for the promotion and protection of human rights; bolstering technical cooperation in the field of human rights -- adopted by a roll-call vote of 27 in favour and 19 opposed, with 7 abstentions; assistance to States in strengthening the rule of law; and guidelines for the work of its principal subsidiary body, the Sub-commission on Prevention of Discrimination and Protection of Minorities. In addition, two decisions were adopted relating to organization of work for the Commission's session next year.

The country-specific resolutions related to the Commission's agenda item on advisory services and technical cooperation in the field of human rights; such measures are considered to deal with situations less grave than those addressed under the Commission's agenda item on the question of human-rights violations anywhere in the world.

The Commission welcomed efforts made by the United Nations, the Organization of African Unity, the League of Arab States, the European Union, the Organization of the Islamic Conference, and the Movement of Non-Aligned Countries and the coordinated approach promoted by the countries of the Inter-Governmental Authority on Development in favour of peace, national reconciliation, unity and reconstruction of the State in Somalia; but also expressed deep concern at reports of arbitrary and summary executions, torture and other violence and at the absence of an effective judicial system. It strongly urged all parties to the internal conflict in the country to respect human rights and international humanitarian law.

The Commission commended efforts by the Government of Cambodia to downsize the police and military in the country and efforts to set up human-rights institutions; but expressed grave concern about numerous instances of violations of human rights; about the persistence of impunity for past violations; about the health status of children and the prevalence of child labour, child prostitution and trafficking in Cambodia; about prison conditions; and about the use of racist rhetoric and acts of violence against ethnic minorities.

It affirmed the importance of investigations undertaken by Haiti's National Commission for Truth and Justice and urged the Government of Haiti to institute legal proceedings against the perpetrators of human-rights violations and to create effective facilities for support of the victims; strongly supported the intention that the people of Haiti be able to express their political will through free and fair elections as soon as possible; and expressed concern at the lack of substantive progress on reform of the judicial system; urged the Government to improve the overall conditions in prisons; called upon it to put in place measures to address violence against women; and urged continued structural reforms in the police and judicial sectors and the thorough investigation of politically motivated crimes.

Speaking at the meeting were representatives of Cuba, United States of America, Germany (on behalf of the European Union), Japan, United Kingdom, Canada, Austria, Russian Federation, Uruguay, Haiti, Tunisia, Norway, and Bangladesh.

The Commission will reconvene at 11:30 a.m. Thursday, 29 April, to act on several remaining draft resolutions and so conclude its substantive work for the year.

Action on resolutions and decisions

In a resolution (E/CN.4.1999/L.82) on regional arrangements for the promotion and protection of human rights, adopted by consensus, the Commission welcomed the continued cooperation and assistance of the Office of the United Nations High Commissioner for Human Rights in the further strengthening of existing regional arrangements and regional machinery for the promotion and protection of human rights, in particular through technical cooperation which was aimed at national capacity-building, public information and education, with a view of exchanging information and experience in the field of human rights; stated the importance of the programme of technical cooperation in the field of human rights and renewed its appeal to all Governments to consider making use of the possibilities offered by the United Nations under this programme for organizing workshops or training courses at the national level for Government personnel and relevant professional groups on the application of international standards, and noted with satisfaction in that respect the establishment of technical cooperation projects with Governments of all regions; welcomed the growing exchanges between the United Nations and the bodies created by the United Nations in accordance with the treaties dealing with human rights, on the one hand, and regional intergovernmental organizations, on the other; reiterated the recommendation of the World Conference on Human Rights that officers be assignd if and when necessary to regional offices of the United Nations for the purpose of disseminating information and offering training and other technical assistance in the field of human rights upon the request of the concerned member States, and called upon the Office of the United Nations High Commissioner for Human Rights to also disseminate information regarding regional arrangements which existed in different parts of the world; welcomed the appointment by the Office of the United Nations High Commissioner for Human Rights of a regional programme adviser, based in Pretoria, within the framework of its programme of technical cooperation, who was facilitating the promotion and protection of human rights; took note with appreciation of the decision made by the United Nations High Commissioner for Human Rights to make available, at the request of member States, the services of a regional human rights advisers a regional project officer in connection with the implementation of technical cooperation in the Asian and Pacific region, in accordance with the framework of cooperation established at the workshop on regional arrangements for the promotion and protection of human rights in the Asian and Pacific region, held in Tehran; invited States in areas where regional arrangements in the field of human rights did not yet exist to consider concluding agreements with a view to the establishment within their respective regions of suitable regional machinery for the promotion and protection of human rights; requested the Secretary-General to submit to it at the Commission's 57th session a report on the state of regional arrangements for the promotion and protection of human rights, to formulate concrete proposals and recommendations on ways and means to strengthen cooperation between the United Nations and regional arraignments in the field of human rights, and to include therein the results of actions taken in pursuance of the present resolution.


In a resolution (E/CN.4.1999/L.83) on human rights and thematic procedures, adopted by consensus, the Commission decided to consider this question again at its 56th session under the relevant agenda item.

JUAN FERNANDEZ PALACIOS (Cuba) said Cuba had been anxiously awaiting the submission of L.83. Other work had taken up too much time, so this draft resolution was not quite satisfactory. Cuba would support it but intended during the next session to sponsor a measure upon the same theme.


In a resolution (E/CN.4.1999/L.87) on national institutions for the promotion and protection of human rights, adopted by consensus, the Commission reaffirmed the importance of the development of effective, independent, pluralistic national institutions for the promotion and protection of human rights, in conformity with the principles relating to the status of national institutions annexed to the General Assembly resolution 48/134 of 20 December 1993; encouraged member States to establish or, where they already existed, to strengthen such institutions, as outlined in the Vienna Declaration and programme of action; welcomed the support for the creation and development of further independent national institutions for the promotion and protection of human rights and fundamental freedoms as outlined in article 14, par. 3 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms; welcomed the decisions announced recently by a growing number of States to establish, or consider establishing, national institutions for the promotion and protection of human rights, including the trend towards establishment of such institutions in developed countries; endorsed the view of the Committee on Economic, Social and Cultural Rights that national human-rights institutions had a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights; reaffirmed the role of national institutions, where they existed, as appropriate agencies, for the dissemination of human-rights materials and other public information activities during the United Nations Decade for Human Rights Education (1995-2004); commended the High Commissioner for Human Rights for the priority accorded to the establishment and strengthening of national human-rights institutions, including through technical cooperation, and called upon the Office of the United Nations High Commissioner for Human Rights to strengthen its coordinating role in this field; welcomed the important work of the Coordinating Committee created by national institutions, in close cooperation with the Office of the United Nations High Commissioner for Human Rights, for assisting Governments and national institutions, when requested, to follow up on relevant resolutions, and recommendations concerning the strengthening of national institutions; also requested the Secretary-General to continue to provide, from within its existing resources and the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights, the necessary assistance for regional meetings of national institutions; considered it important for national institutions which conformed with the Principles relating to the status of national institutions to be able to participate in an appropriate manner in their own right in the meetings of the Commission on Human Rights and its subsidiary bodies; invited Governments and intergovernmental organizations to contribute to the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights for the purpose of financing, where necessary, attendance by representatives of national institutions; and recognized the important and constructive role that non-governmental organizations could play, in cooperation with national institutions, for the better promotion and protection of human rights.


In a resolution (E/CN.4/1999/L.76) upon mainstreaming technical cooperation in all areas of human rights, adopted by a roll-call vote of 27 in favour and 19 opposed, with 7 abstentions, the Commission declared that advisory services and technical cooperation provided at the request of Governments with a view to developing national capacities in the field of human rights constituted one of the most efficient and effective means of promoting and protecting all human rights, democracy and the rule of law; reaffirmed that developing and strengthening national capacities for the promotion and protection of human rights in accordance with national conditions provided the strongest foundation for effective and enduring cooperation in the field of human rights; emphasized the need for mainstreaming technical cooperation activities in all areas of human rights; reaffirmed that monitoring operations undertaken in the field, in response to grave and massive violations of human rights, should progressively shift to programmes for enhancing national capacities and institutions for the promotion and protection of human rights; called upon the High Commissioner for Human Rights to include 'exit strategies' based on the delivery of advisory services and technical cooperation and the building of national capacities; affirmed the need for technical cooperation programmes to be grounded in national developmental objectives; called upon the Office of the United Nations High Commissioner for Human Rights to offer advisory services to all countries irrespective of their economic status; welcomed the remarkable increase in the number of requests for advisory services and technical cooperation in the field of human rights; called upon the High Commissioner to take urgent measures to develop to the fullest extent the potential of advisory services and technical cooperation for the promotion and protection of all human rights and to accord these activities the highest priority; requested the High Commissioner to examine ways and means by which the visibility and distinct identity of technical cooperation activities could be
enhanced; reaffirmed the need to utilize appropriate expertise available in developing countries for the implementation of technical cooperation projects in a manner that took advantage of the positive potential of national and regional circumstances; called upon the Office of the High Commissioner for Refugees to elaborate policy guidelines in the field of technical cooperation aimed at the building of national capacities and institutions; invited relevant UN treaty bodies, special rapporteurs and representatives, as well as working groups, to include in their recommendations proposals for specific projects to be realized under the programme of advisory services and technical cooperation with a view to contributing to practical changes in the human rights situation at grass-roots level; invited the Office of the High Commissioner to institutionalize measures for the systematic follow-up of recommendations made by special rapporteurs and independent experts; and urged the office of the High Commissioner to improve its coordination with UN development agencies and to provide advice relating to their activities.

The roll-call vote was as follows:

In favour: Bangladesh, Bhutan, Botswana, China, Congo, Cuba, Democratic Republic of the Congo, Ecuador, El Salvador, India, Indonesia, Liberia, Madagascar, Mauritius, Mexico, Nepal, Niger, Pakistan, Peru, Philippines, Qatar, Russian Federation, Rwanda, Senegal, Sri Lanka, Sudan and Tunisia.

Against: Argentina, Austria, Canada, Chile, Czech Republic, France, Germany, Ireland, Italy, Japan, Latvia, Luxembourg, Norway, Poland, Republic of Korea, Romania, South Africa, the United Kingdom and the United States.

Abstentions: Cape Verde, Colombia, Guatemala, Morocco, Mozambique, Uruguay and Venezuela.

NANCY RUBIN (the United States of America), speaking on resolution L.76 on mainstreaming technical cooperation in all areas of human rights, said the US was deeply troubled by the effects the text could have on technical cooperation which would put restrictions on countries in the pipeline for technical assistance. Technical assistance should be a cooperative effort and the sponsors of the text never discussed its implications with countries which would be recipients of technical assistance. The United States would vote against the resolution for these reasons.

WILHELM HOYNCK (Germany), speaking on behalf of the European Union, the Central and Eastern European countries associated with the EU, and Cyprus, said that while cknowledging that the decision to biannualize the text was not binding, the EU preferred that in a period of increasing growth of the agenda, there would be an increase in the trend towards biannualization of consideration of items for discussion. The decision asked the Secretary-General to propose a report. There was a lack of explanation of the usefulness of the endeavour before the reception of the report. The EU would vote against the draft.

SHIGEKI SUMI (Japan), speaking on resolution L.76, said the delegation was sorry that the author had introduced new language and issues that had not been included in the text of last year, which had been passed by consensus. Japan could not accept the resolution as it now stood.

AUDREY GLOVER (the United Kingdom) said the UK was a firm supporter of the provision of
technical assistance. It was unfortunate that this decision had been politicized. It sought to dictate to those contributing funds how to spend them. This would make the provision of technical aid difficult. Many of the main sponsors of the resolution did not receive funds from the Technical Fund. The UK would vote against the text, despite the importance of the issue.

DEBBIE CHATSIS (Canada) said the Commission should not take on functions of the Office of the High Commissioner and the text was not in the interests of what was already properly functioning. Canada could not approve and asked that others delegations not approve this resolution.

CHRISTIAN STROHAL (Austria) said the delegation wished to add a supporting voice to the comment made by Germany on the advisory-services programme. There had been a progressive growth of these services. The demand for projects under these services outstripped the supply. The programme was working well, and had been for years. There was a need to keep up the previous partnership on technical resolutions. But this resolution attempted to micro manage something that was already working well, was contrary to a resolution passed yesterday, and was irrelevant. Austria would vote against it.

OLEG MALGUINOV (the Russian Federation) said that L.76 contained a question that had been raised regarding countries that needed technical assistance. The question had been raised about the need for technical assistance for one State or another. Another question raised regarded the situation of human rights in a given country. This resolution had a major future, and would be discussed in the future. The Russian Federation supported it, but was not in agreement with some of the wording. However, it would vote in favour.

CARLOS SGARBI (Uruguay) said the delegation would prefer to wait for consensus next session therefore it would abstain in the vote on L.76.

In a resolution (E/CN.4/1999/L.77) on assistance to States in strengthening the rule of law, adopted by consensus, the Commission took note with appreciation of the increasing number of member States seeking assistance in strengthening and consolidating the rule of law and of the proposals contained in the report of the Secretary-General for strengthening the programme of advisory services and technical assistance of the High Commissioner for Human Rights in order to comply fully with the recommendations of the World Conference on Human Rights concerning assistance to States in strengthening their institutions which upheld the rule of law; expressed its deep concern at the scarcity of means at the disposal of the Office of the High Commissioner for the fulfilment of its tasks; noted that the programme of advisory services and technical assistance did not have sufficient funds to provide any substantial financial assistance to national projects that had a direct impact on the realization of human rights and the maintenance of the rule of law in countries that were committed to those ends but which faced economic hardship; welcomed the deepening of the ongoing cooperation between the Office of the High Commissioner and other relevant bodies and programmes of the UN system; affirmed that the High Commissioner remained the focal point for coordinating system-wide attention for human rights, democracy and the rule of law; welcomed the consultations and contacts initiated by the High Commissioner with relevant bodies and programmes of the UN system; encouraged the High Commissioner to pursue those consultations and to continue the dialogue between her Office and other organs and agencies of the UN system; encouraged the High Commissioner to continue to explore the possibility of further contact with and support from financial institutions; requested the High Commissioner to continue to accord high priority to the technical cooperation activities undertaken by her Office with regard to the rule of law; and expressed its appreciation of the efforts made by the High Commissioner to undertake an analysis of the technical cooperation provided by the UN in the field of human rights with the aim of formulating recommendations for inter-agency coordination, funding and allocation of responsibilities in order to improve efficiency and complementarity of action.


In a resolution (E/CN.4/1999/L.89), on assistance to Somalia in the field of human rights, adopted by consensus, the Commission on welcomed the efforts made by the UN, the Organization of African Unity, the League of Arab States, the European Union, the Organisation of the Islamic Conference, and the Movement of Non-Aligned Countries and the coordinated approach promoted by the countries of the Inter-Governmental Authority on Development in favour of peace, national reconciliation, unity and reconstruction of the State in Somalia and expressed its wish that human rights issues be integrated in that context; welcomed the integration of human-rights issues by a number of UN agencies in their programmes; expressed deep concern at reports of arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment and violence and at the absence of an effective judicial system; condemned widespread violations and abuses of human rights and humanitarian law, as well as any violation of international law on armed conflicts; strongly urged all parties to respect human rights and international humanitarian law pertaining to internal armed conflict, and to support the re-establishment of the rule of law throughout the country, to protect UN personnel, humanitarian relief workers, and representatives of NGOs and the international media, and to guarantee all persons involved in humanitarian action safe and unhindered access to civilians in need of protection and humanitarian assistance; called upon all parties to the conflict to work towards a peaceful solution to the crisis; called upon subregional, regional and international organizations to continue and intensify coordinated efforts aimed at facilitating the national reconciliation process in Somalia; called upon individual donor countries, international organizations and NGOs further to incorporate human rights principles and objectives in the humanitarian and development work carried out in Somalia; commended the work carried out by the independent expert for Somalia; welcomed the decision of the High Commissioner for human Rights to appoint a human-rights officer in the framework of the office of the United Nations Resident Humanitarian Coordinator for Somalia; requested the Secretary-General to continue to provide the independent expert with all necessary assistance; and invited Governments and organizations in a position to do so to respond warmly to requests by the Secretary-General for assistance in the implementation of the present resolution.


In a resolution (E/CN.4/1999/L.92) on the situation of human rights in Cambodia, adopted by consensus, the Commission requested the Secretary-General, in collaboration with the office in Cambodia of the UN High Commissioner for Human Rights, to assist the Government of Cambodia in ensuring the protection of the human rights of all people in Cambodia; welcomed the report of the Secretary-General (E/CN.4/1999/100); also welcomed the report of the Special Representative on the situation of human rights in Cambodia, and noted his concerns about the problem of impunity, the independence of the judiciary and the rule of law, and the need for the reform of the police and the military; urged the Government of Cambodia to undertake further necessary measures to develop an independent, impartial and effective judicial system; commended the efforts by the Government of Cambodia for the review of and the resolve to downsize the police and military; encouraged the Government to continue its work with NGOs in efforts to strengthen and uphold human rights in Cambodia; noted with interest the activities undertaken by the governmental Cambodian Human Rights Committee and the National Assembly Commission on Human Rights and Reception of Complaints, and encouraged them to base their work on international human rights standards, welcomed efforts to establish an independent national human rights commission; welcomed the decisions by the Government of Cambodia to register a number of labour unions, noted with interest the enactment of the new labour law that recognized labour rights; expressed grave concern about numerous instances of violations of human rights; also expressed grave concern at the situation of impunity in Cambodia, and stressed that it remained a critical and urgent priority; stressed the importance of the upcoming communal elections being conducted in a free and fair manner; reaffirmed that the most serious human-rights violations in Cambodia in recent history were committed by the Khmer Rouge; took note with appreciation of the report of the Group of Experts; strongly appealed to the Government of Cambodia to take all necessary measures to ensure that those who were responsible for the most serious violations of human rights were brought to account in accordance with the international standards of justice; welcomed the recent adoption of a five-year action plan by the Government to improve the status of women and urged the Government to continue to take appropriate measures; commended the efforts of the Government of Cambodia to improve the quality of and access to education; noted with serious concern the health status of children and the prevalence of child labour, child prostitution and trafficking in Cambodia and urged the Government to combat these; noted with serious concern the prison conditions in Cambodia; condemned the use of racist rhetoric and acts of violence against ethnic minorities, urged an end to racial violence and vilification; welcomed the recent actions by the Government to combat illicit logging, which seriously threatened the full enjoyment of economic, social and cultural rights by many Cambodians; noted with appreciation the use by the Secretary-General of the UN Trust Fund for a Human Rights Education Programme in Cambodia to finance the programme of activities of the Office in Cambodia of the High Commissioner for Human Rights; expressed grave concern at the devastating consequences and destabilizing effects of the use of anti-personnel landmines on Cambodian society and welcomed the efforts of the Government to continue its work and support for the removal of these mines; and requested the Secretary-General to report to the Commission at its 56th session on the role and achievement of the Office of the High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights and on the recommendations made by the Special Rapporteur on matters within his mandate.


In a resolution (E/CN.4/1999/L.93), on the situation of human rights in Haiti, adopted by consensus, the Commission invited the Government of Haiti to ratify the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Optional Protocols to the International Covenant on Civil and Political Rights; reaffirmed the importance of the investigations undertaken by the National Commission for Truth and Justice, and urged the Government of Haiti to institute legal proceedings against the perpetrators of human-rights violations, and to create effective facilities for support to the victims; strongly supported the intention that the people of Haiti be able to express their political will through free and fair elections as soon as possible, and in this connection invited the Government of Haiti to pursue its consultations with political parties and civil society; expressed its concern at the lack of substantive progress on reform of the judicial system and urged the new Government to proceed with its programme of action as a means of strengthening the promotion and protection of human rights and encouraging broad participation in the elections; urged the Government to improve the overall conditions in prisons; called upon the Government of Haiti to put in place measures to address violence against women; called upon the Government to continue structural reforms in the police and judicial sectors, to investigate politically motivated crimes properly and prosecute perpetrators of such crimes, and to take vigorous action to eliminate any continuing human-rights violations; commended the Haitian National Police for its professional and apolitical behaviour during the political crisis; drew attention to the need for the Haitian Police to continue receiving technical training; commended the UN Civilian Police Mission in Haiti for its successful monitoring of the Haitian Police; welcomed the report of the Secretary-General (A/53/530) on the implementation of the programme of technical cooperation in Haiti; commended the efforts of the UN/Organization of African Unity Civilian Mission in Haiti in monitoring human rights and promoting democratic reforms and assisting the Haitian authorities in the field of institution-building; invited the UN High Commissioner for Human Rights to contribute to the strengthening of the Office of Protection of the Citizen; invited the international community to continue their involvement in the reconstruction and development of Haiti; reiterated its invitation to the Special Rapporteur on violence against women to consider favourably the invitation by the Government of Haiti to visit the country; and invited the independent expert to report to the General Assembly and to the Commission on Human Rights on developments.

JOSEPH ANTONIO (Haiti) said the Government was not opposed to the draft amendment to paragraphs 7 and 7b, although it did have some reservations regarding the wording. It regretted that once again this year the overall restitution to the Haitian Government of its powers was not stated in the text. The Haitian Government wished to stress the importance of the restitution of the deleted text.

NANCY RUBIN (the United States) said the delegation was pleased to join consensus on L.92 on the situation in Cambodia. It was especially pleased by the preambular paragraphs. The US strongly believed that the Khmer Rouge leaders should be brought before an international tribunal, and urged the Cambodian Government to cooperate with the international community on this matter.

In a resolution (E/.CN.4/1999/L.60) on racism, racial discrimination, xenophobia and related intolerance, adopted by consensus, the Commission expressed its profound concern and unequivocal condemnation of all such acts; underlined the importance of effective action to create conditions that fostered greater harmony and tolerance within societies; expressed its deep concern at and condemnation of manifestations of such discrimination and racism against migrant workers and members of their families and other vulnerable groups in many societies; called upon States to review and revise their immigration policies that were inconsistent with international human-rights standards intended to eliminate discriminatory policies and practices against migrants; condemned all forms of racism and xenophobia with regard to access to employment, vocational training, housing, schooling, health services and social services, as well as services intended for use by the public; categorically condemned any role played by some print, audio-visual or electronic media in inciting acts of violence motivated by racial hatred; urged Governments to take all necessary measures against such incitement through the media; invited them to establish national institutions for the promotion of racial harmony; invited them, where possible, to provide assistance and rehabilitation to victims of acts of racism; and encouraged the media to promote ideas of tolerance and understanding among peoples and between cultures.

On the subject of implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination, the Commission regretted the continued lack of interest, support and financial resources for the Third Decade and its Programme of Action, and that very few of the activities planned for the period 1994-1998 were carried out; recognized the laudable and generous efforts by donors to the Trust Fund for the Programme of Action but felt that these financial contributions had proved inadequate and that the General Assembly should consider all ways and means of financing the Programme of Action, including through the United Nations regular budget; recommended that the General Assembly request the Secretary-General to assign high priority to the activities of the programme and to earmark adequate resources to finance the activities of the programme; warmly called upon all Governments, United Nations bodies, specialized agencies and intergovernmental organizations, as well as interested non-governmental organizations, to contribute fully to the effective implementation of the Programme of Action; strongly appealed for generous contributions to the Trust Fund; and affirmed its determination to combat violence stemming from intolerance on the basis of ethnicity, which it considered to be as serious a problem as violence based on racism.

The Commission further called upon all Governments, intergovernmental organizations and other relevant organizations of the UN system, as well as non-governmental organizations, to supply information to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; invited Governments of States so far visited to implement the recommendations contained in the Special Rapporteur's reports; noted with concern the increase in the use of new communications technologies, in particular the Internet, to disseminate racist ideas and incite racial hatred; noted that the use of such technologies could contribute instead to combatting racism; requested the High Commissioner for Human Rights to undertake research and consultations on the use of the Internet for purposes of incitement to racial hatred, to study ways of promoting international cooperation in this area, and to draw up a programme of human-rights education and exchanges over the Internet on experience in the struggle against racism; appealed to those States that had not done so to ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Discrimination in Education;
recommended that universal ratification of the International Convention as well as reservations thereto and the question of the competence of the Committee on the Elimination of Racial Discrimination to receive individual complaints be considered at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance; and urged States to limit the extent of any reservations they lodged to the International Convention.

On the subject of the upcoming World Conference against Racism, the Commission decided that sessions of the Preparatory Committee scheduled in 2000 and 2001 would be headed by the same bureau, to ensure continuity; recommended to the General Assembly that, if no offer was made for hosting the World Conference by the end of the first session of the Preparatory Committee to be held in the year 2000 that the World Conference be held in Geneva in 2001, after the session of the Commission but before that of the General Assembly; requested the High Commissioner to prepare and carry out, in close cooperation with the United Nations Department of Public Information, an effective world information campaign with a view to mobilization and support for the objectives of the World Conference by all sectors of society; requested her to set up a voluntary fund to cover all aspects of the preparatory process; requested her to undertake consultations with non-governmental organizations on the possibility that they might hold a forum before and partly during the world Conference; called upon her to help States and regional organizations to convene national and regional meetings to prepare for the Conference; and requested her to organize an international seminar of experts on the remedies available to victims of acts of racism and on good practices in the field, and to submit the recommendations of these seminars to the Preparatory Committee.

RODRIGO REYES RODRIGUEZ (Cuba), speaking on resolution L.60 on racism, said that elements of paragraphs 51a ,55, 56, 61, 62, and 63b concerned the financing and support by States for the World Conference. These were very important. Cuba had been involved in negotiationswhich called for a Conference in the first place and financing was always considered an mportant consideration. These activities should have been contained in the budget items of regular UN financing. Extra-budgetary funding was being sought and these activities should have come from the regular budget. The carrying out of the activities mentioned should be immediate. If so, then Cuba could be flexible on the matter of their being paid for by extra-budgetary sources.

KAMEL MORJANE (Tunisia) said the African Group, which led the consultations concerning L.60, considered it important to clarify the programme budget implications, since good preparation for the World Conference on Racism was essential for its success. Therefore, priority ought to be given to the funding of studies, in order to allow the preparatory committee to begin its work on a firm basis. The Secretariat was asked to take note that there was a request for funding for preparatory activities not yet listed. Traditional donors were appealed to, and the High Commissioner, to consider making a donation to the budget.

In a resolution (E/CN.4/1999/L.8) on the right to development, adopted by consensus, the Commission reaffirmed the importance of the right, especially for people in developing countries; reiterated that the essence of the right was the principle that the human person was the central subject of development and that the right to life included within it existence in human dignity with the minimum necessities of life; that the existence of widespread absolute poverty inhibited the full and effective enjoyment of human rights; that for peace and stability to endure, national and international cooperation were required to promote a better life for all; reaffirmed that democracy, development and respect for all human rights were interdependent and mutually reinforcing; that the gap between developed and developing countries remained unacceptably wide and developing countries continued to face difficulties in participating in the globalization process, and many risked being marginalized; that democracy, which was spreading everywhere, had raised development expectations and that their non-fulfilment risked rekindling non-democratic forces and that structural reforms that did not take social realities into account could destabilize the democratization process; that the participation of developing countries in international economic decision-making needed to be broadened and strengthened; urged all States to eliminate obstacles to development at all levels; affirmed that international cooperation was acknowledged more than ever as a necessity deriving from mutual interest, and therefore that such cooperation should be strengthened to support the efforts of developing countries to solve their social and economic problems and to enhance human rights; welcomed the decision by the Economic and Social Council and the General Assembly to authorize establishment by the Commission of a follow-up mechanism consisting of an open-ended
working group and an independent expert on the right to development; and invited the High
Commissioner for Human Rights to present a report to the Commission each year for the duration of the mechanism.

WILHELM HOYNCK (Germany), speaking on behalf of the European Union and associated countries, said the EU understood it was possible to re-establish consensus on the right to development. Many delegations had participated in the negotiations and the European Union took this as interest and as an indication of consensus. The European Union believed that it was important to build upon the established consensus on this issue to focus clearly on the follow-up mechanism, which had a broad mandate to deal with all issues relevant to the promotion and implementation of the right to development.

NOBOTUSHI AKAO (Japan) , speaking also on behalf of Australia and New Zealand, said he discussion had been fruitful, but work remained to be done on the concept of the right to development that could not be done during this session. Japan would return to the consensus text of the previous session. It was important not to prejudge the work done by the Working Group. States had the primary responsibility for the creation of the conditions necessary for the attainment of the right to development. This issue should be further discussed, and it was hoped that Governments would take an appropriate attitude. It was important that the Working Group develop a better distinction between development assistance and the right to development. Japan continued to promote dialogue and cooperation with developing countries, but it was the duty of the Governments of those States to promote the right to development. It was also felt that this was not an appropriate forum for discussion of the issue. Japan, Australia and New Zealand were committed to participating constructively and creatively in the ongoing work process.

JANIS KANAVIN (Norway), also speaking on behalf of Canada, said reaching consensus on the right to development had become a barometer of the ability of North and South to find agreement on difficult matters. The spirit of cooperation had prevailed and Norway hoped this spirit would continue during the work of the Working Group on the subject. There was need still to define the scope and other issues. Canada and Norway looked forward to working constructively on the matter.

NANCY RUBIN (the United States) said the US was pleased to join consensus. By adopting a text containing an updated version of the resolution on the right to development, the Commission recognized that the upcoming Working Group was an appropriate forum for the discussion of the right to development. The US hoped that the Working Group would make a close study of the relationship between the respect for fundamental human rights and freedoms and the realization of the right to development.

IFTEKHAR CHOWDHURY (Bangladesh), speaking on resolution L.8 on the right to development, said Bangladesh would like to have seen a text which contained elements of 53/155 and the Durban resolution. It hoped that the Working Group would include these aspects.

In an amended resolution (E/.CN.4/1999/L.39) on the rights of the child, adopted by consensus, the Commission urged those States that had not yet done so to sign and ratify the Convention on the Rights of the Child; called upon States parties to implement the Convention fully; to ensure adequate and systematic training for professional groups working with children; to intensify efforts to register all children immediately after birth and strengthen efforts to improve national systems for the collection of comprehensive and desegregated data on areas covered by the Convention; to cooperate closely with the Committee on the Rights of the Child, to comply in a timely manner with their reporting obligations under the Convention, and to take into account the Committee's recommendations on the reports they submitted to the Committee; to withdraw reservations incompatible with the object and purpose of the Convention; to accept the amendment to the Convention which would increase the membership of the Committee from ten to 18 experts; to ensure when electing members to the Committee that they were of high moral standing and had recognized competence in the field; called upon all States to take all necessary measures to ensure the full and equal enjoyment by girls of all human rights; to eliminate all forms of discrimination against girls; to eradicate traditional or customary practices, particularly female genital mutilation, that were harmful to or discriminatory against women and girls; decided to approve the recommendation of the Sub-commission on Prevention of Discrimination and Protection of Minorities that the mandate of its Special Rapporteur on traditional practices be extended to ensure completion of her task; called upon all States to take all appropriate measures to prevent the abduction of, sale of, or trafficking in children for any purpose or in any form, and any form of sexual exploitation or abuse of children, including within the family or for commercial purposes, child pornography and child prostitution, or through child sex tourism, taking into account the particular problems posed by the use of the Internet; called upon all States to ensure the prosecution of offenders, whether local or foreign; and called upon States to cooperate closely with the relevant Special Rapporteur; decided to request that the 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 meet early in 2000 for a maximum of two weeks to make further progress with the aim of finalizing its work before the tenth anniversary of entry into force of the Convention; reaffirmed that armed conflicts had numerous damaging effects on children and emphasized the need for the world community to focus increased attention on this serious problem; that rape in the conduct of armed conflict constituted a war crime and under certain circumstances a crime against humanity; condemned the abduction of children in situations of armed conflict; emphasized the importance of early warning systems and other preventive measures to prevent conflicts and their negative impact on the rights of children; emphasized the urgent need to raise the current minimum age limit on recruitment and participation of any person in armed conflicts to end the use of child soldiers; called upon all States and other parties to armed conflicts to respect international law; to end the use of children as soldiers; to continue to cooperate with the relevant Special Representative; to address the impact on children of the use of weapons in situations of armed conflict, including small arms and light weapons, and to address the results of the illicit production and traffic in such weapons; urged relevant United Nations bodies to continue to support national and international mine-clearance efforts; requested the Working Group on a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts to meet early in 2000 for a maximum of two weeks to make further progress with the aim of finalizing its work before the tenth anniversary of entry into force of the Convention; called upon all States and other parties to armed conflicts to bear in mind that refugee and internally displaced children were particularly exposed to risks and to increase protections for such children; called upon all States to consider ratifying the conventions of the International Labour Office relating to child labour; to translate into concrete action their commitment to the elimination of child labour contrary to accepted international standards; and to promote education as a key strategy to prevent child labour; called upon all States to seek comprehensive solutions to the problems causing children to live and work on the street; to ensure that services were provided to divert such children from involvement in harmful, exploitative and abusive activity; and to guarantee respect for their human rights, including the right to life, and to take urgent measures to prevent the killing or torture of such children, or violence against them; called upon all States to ensure that administration of justice with regard to children promoted their re-education and rehabilitation and fully respected their human rights and internationally recognized legal safeguards; called upon all States to ensure full and equal enjoyment of all human rights by children with disabilities; called upon all States to develop sustainable health systems and social services to fully meet the needs of children; and called upon all States to recognize the right to education on the basis of equal opportunity by making primary education compulsory and ensuring that all children had access to free and relevant primary education; and to remove educational disparities so that education was accessible to all children.

NANCY RUBIN (the United States) said the US joined consensus on L.39, emphasizing once again its Government's commitment to protecting the rights of the child at home and abroad. The United States could not co-sponsor the resolution because of the ambiguous wording on child soldiers which appeared to pre-judge the conclusions of the Working Group. It was unfortunate that the agreed text lacked full clarity. As for the title of section 6 of the resolution, the United States disassociated itself with it, since it was not related clearly to the rest of the text of the section. The title failed to distinguish between children who were exploited and children who were allowed to work under specific conditions.


In a resolution (E/CN.4/1999/L.67/rev.1) on the work of the Sub-commission on Prevention of Discrimination and Protection of Minorities, adopted by consensus, the Commission eeaffirmed that the Sub-commission on Prevention of Discrimination and Protection of Minorities could best assist the Commission on Human Rights by providing it with independent expert studies carried out by its members and under its auspices; welcomed the steps undertaken by the Sub-commission to reform and improve its methods of work, including by the adoption of a restructured agenda at its fiftieth session; invited the Sub-commission to enhance its efforts to improve on its methods of work, by setting a time frame for consideration of its methods of work and proposing measures to enhance further the independence and expertise of its membership; requested the Sub-commission to continue its efforts to avoid duplication with the work of the Commission on Human Rights;
requested the Sub-commission further to improve on its methods of work by focusing on its primary role as an advisory body to the Commission, respecting strictly the principles of independence, impartiality and expertise; reaffirmed its requests to States to nominate as members and alternate members of the Sub-commission independent experts of recognized competence in the field of human rights, as well as to respect fully the independence of members and alternates; invited the Secretary-General to give support to the Sub-commission, by making available documentation in good time before each session in the official languages of the United Nations and, in responding to requests from the Sub-commission to solicit information form governments and intergovernmental organizations, to agree to such requests only after they had been approved by the Commission on Human Rights.


In a measure on organization of the work of the fifty-sixth session of the Commission, the Commission decided without a vote that the fifty-sixth session of the Commission would be
scheduled to take place from 20 March to 28 April 2000.

In a measure on organization of the work of the fifty-sixth session of the Commission, the Commission decided to recommend to the Economic and Social Council that it authorize, if possible within existing financial resources, thirty fully serviced additional meetings, including summary records; and requested the Chairman of the Commission at its fifty-sixth session to make every effort to organize the work of the session within the times normally allotted.