COMMISSION ON HUMAN RIGHTS CONCLUDES FIFTY-NINTH SESSION

Commission on Human Rights
59th session
25 April 2003




Creates Post of Independent Expert for Liberia;
Requests Independent Expert for Afghanistan;
Calls for Establishment of Human Rights Office in Haiti;
Ends Mandate of Special Rapporteur on Situation in the Sudan



The Commission on Human Rights concluded today its six-week session for 2003, having debated a wide series of human rights matters and having decided, among other things, to appoint an independent expert to facilitate cooperation between the Government of Liberia and the Office of the High Commissioner for Human Rights; and to request the Secretary-General to appoint an independent expert to aid and advise the Transitional Authority of Afghanistan on human rights matters.
In a Chairperson's statement on the human rights situation in Haiti, the Commission also requested the Office of the High Commissioner for Human Rights to expand its activities in Haiti by setting up an office in that country
In all, according to the Commission's Rapporteur, the Commission adopted 86 resolutions, 18 decisions, and three Chairperson's statements.
Issues that surfaced repeatedly during the Commission's fifty-ninth session were the war taking place in Iraq and the question of the extent to which anti-terrorism measures in the wake of the 11 September 2001 attacks in the United States infringed on human rights standards and amounted to religious or racial discrimination.
Following extensive debate, the Commission defeated by a roll-call vote of 18 in favour to 25 against, with 7 abstentions, a proposal to hold a "special sitting" to discuss the war in Iraq. Following the vote, High Commissioner for Human Rights Sergio Vieira de Mello stated that the human rights of the Iraqi people had been violated for many years, and that in the current crisis, humanitarian law and fundamental human rights should be protected on the ground by the parties to the conflict.
United Nations Secretary-General Kofi Annan, in a 24 April address to the Commission, said he hoped a new era of human rights in Iraq would now begin with the end of the war and stressed that Iraq should not distract the Commission from violations of human rights elsewhere around the world, which were intensifying.
The war was mentioned repeatedly by high-ranking Government officials speaking at the Commission's "high-level segment" over the first four days of the 2003 session.
And after extensive debate and several delays, the Commission adopted by a roll-call vote of 31 in favour and 3 opposed, with 12 abstentions, a resolution on the situation of human rights in Iraq which condemned systematic and extremely grave violations of human rights and international humanitarian law by the Government of Iraq over many years; requested all parties to the current conflict to abide strictly by their obligations under international humanitarian law; called upon the international community to address the humanitarian needs of the Iraqi people and to assist in the development of free and democratic institutions in the country; and extended the mandate of the Special Rapporteur on the situation in Iraq for a further year.
High Commissioner de Mello opened the Commission's annual session with an address noting that the Commission was meeting at a time of unusual convulsion in world affairs, and went on to say that at such times it was important to remember day-to-day human rights difficulties, such as the fact that many people lacked even the basics -- water, sustenance, elementary education, health services -- for a dignified life. He also said the world could not compromise hard-won human rights to give States a free hand in fighting terrorism, an opinion echoed by numerous national delegations as debate was carried out under such topics as the prevention of racial and religious discrimination.
In a resolution on combatting defamation of religion, adopted by a roll-call vote, the Commission expressed deep concern that Islam was frequently and wrongly associated with human rights violations and terrorism and noted with deep concern the intensification of a campaign of defamation of religions and ethnic and religious profiling of Muslim minorities in the aftermath of the tragic events of 11 September 2001. The Commission requested the Special Rapporteur on contemporary forms of racism to examine the situation of Muslim and Arab peoples with special reference to physical attacks against their places of worship, cultural centres, businesses and properties in the aftermath of the events of 11 September 2001.
In a resolution on the World Conference against Racism and on comprehensive implementation of the Durban Declaration and Programme of Action that resulted from the Conference, the Commission stressed that States and international organizations had a responsibility to ensure that measures taken in the struggle against terrorism did not discriminate on grounds of race, colour, descent or ethnic origin.
And in another resolution, the Commission requested the High Commissioner to prepare a report on the question of protecting human rights while combatting terrorism.
The 2003 session was also noteworthy for criticism by national delegations -- especially those of developing countries -- of the Commission's agenda item on the "question of the violation of human rights and fundamental freedoms in any part of the world", which annually features the tabling of resolutions on the human rights situations in specific countries. African and Asian nations, along with Cuba, said repeatedly that the Western democracies "politicized" their criticism of other countries' human rights performances, paid more attention to civil and political rights than to economic and development rights, were trying to impose their own version of democracy on the rest of the world, and were more interested in confrontation than in dialogue and cooperation in matters of human rights. Among the results were the rejection of a long-standing resolution on the human rights situation in the Sudan -- and an end to the mandate of the Commission's Special Rapporteur on that country -- and rejections of draft resolutions on human rights situations in Zimbabwe and the Chechen Republic of the Russian Federation.
The Commission did adopt new resolutions on human rights situations in Turkmenistan, Belarus and the Democratic People's Republic of Korea, all on roll-call votes. As in previous years, it adopted resolutions on situations in Myanmar, Burundi, the Democratic Republic of the Congo, Cuba, and on the situation of Lebanese detainees in Israel. The mandates of Special Rapporteurs on the situations in Myanmar, Burundi and the Democratic Republic of the Congo were extended for a further year.
Under its agenda item on technical cooperation and advisory services in the field of human rights, the Commission approved resolutions on human rights situations in Afghanistan, Somalia, Cambodia, Sierra Leone, Chad, and Liberia. The mandate of the independent expert on assistance to Somalia in the field of human rights was extended for a further year.
In addition to the Chairperson's statement on Haiti, Chairperson's statements were adopted on the situations in Timor Leste and Colombia.
In closed meetings held under its "1503 procedure", the Commission decided to discontinue consideration of the situation in Uzbekistan and to continue examination of situations in Chad and Liberia under the agenda item on advisory services and technical cooperation.
In presenting his annual report to the Commission, the High Commissioner for Human Rights, among other things, outlined efforts to orient and make more efficient the work of his Office. Later in the session, he introduced a report in the situation in Colombia, saying among other things that while some progress had been made by the Government, particularly in the adoption of international human rights instruments, the continuing internal conflict in the country, with its mix of paramilitary, rebel and Government combatants, was leading to serious and continuing human rights problems.
In closing remarks at the Commission's final 2003 meeting, the High Commissioner said that the Commission had accomplished much in its fifty-ninth session. The high-level segment had been extremely successful. The interactive dialogue had provided a remarkable forum for both Rapporteurs and governments. The Commission had negotiated and passed an impressive set of resolutions, particularly of a thematic kind. Conversely, the Commission had had its setbacks, and it must strive for greater unity on how to deal with human rights.
Najat Al-Hajjaji of the Libyan Arab Jamahiriya, Chairperson of the Commission on Human Rights, said that despite the heavy and intensive work of the Commission, as well as the tension that had sometimes prevailed, it was still sad to see the end of this session. This session had been held at a time of international turmoil, and some had been concerned that the work would not be concluded and that accusations would go beyond control. She had attempted to deal with these concerns with patience, professionalism and wisdom.
Among mandates renewed by the Commission were those of Special Rapporteurs on the right to food; adequate housing; independence and impartiality of the judiciary; and violence against women; of the independent expert on structural adjustment policies and their effect on human rights; of the Special Representative of the Secretary-General on human rights defenders; and of working groups on arbitrary detention and the right to development.
It was decided that Working Groups created last year on the effective implementation of the Durban Declaration and Programme of Action and on people of African descent would reconvene for an initial period of three years. Both groups were created following the World Conference against Racism held in 2001 in Durban, South Africa.
In other action, the Commission:
-- requested the High Commissioner for Human Rights to convene a two-day high-level seminar to review and identify effective strategies for mainstreaming the right to development into the polices and operational activities of the major international organizations;
-- requested the High Commissioner to convene a second consultative meeting with a view to finalizing the "Basic principles and guidelines" on the right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms;
-- requested the High Commissioner to examine existing mechanisms and to identify possible gaps in the protection of the rights of the rights of persons belonging to national or ethnic, religious and linguistic minorities;
-- requested the High Commissioner to prepare an analytical report on measures taken to implement a Commission resolution on the protection of human rights in cases of mass exoduses;
-- requested the High Commissioner to submit a comprehensive report on efforts to change the currently prevailing geographical distribution of staff of the Office in favour of a more equitable distribution of posts;
-- requested the Office of the High Commissioner to organize jointly with the United Nations Educational, Scientific and Cultural Organization an intergovernmental workshop to assess the achievements and shortcomings of the current Decade for Human Rights Education and to discuss strategies for a second decade;
-- called upon the Office of the High Commissioner to organize a second expert seminar, in 2004, to examine further the interdependence between democracy and human rights, with a focus on the topic of "democracy and the rule of law";
-- requested the Special Rapporteur on adequate housing to submit a report on women and adequate housing;
-- requested the intersessional open-ended Working Group with the mandate to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance to meet for a period of 10 working days;
-- requested the Working Group established to consider the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights to meet for a period of ten working days;
-- requested the Secretary-General to commission an independent study on best practices to assist States in strengthening their domestic capacities for combating all aspects of impunity for violations of human rights;
-- and requested the Secretary-General to prepare a report on the consideration being given to the possible relationship between the environment and human rights, including the right to development, as part of sustainable development.
Dates for next year's session -- the Commission's sixtieth -- were set for 15 March to 23 April 2004.

Chairperson's Statements on Country Situations
In a Chairperson's statement on the human rights situation in Timor Leste, the Commission warmly welcomed the attainment of independence by Timor Leste and its admission to membership in the United Nations; welcomed the establishment and commended the work to date of the Serious Crimes Unit and stressed its fundamental role concerning the indictment of suspects accused of crimes against humanity and other serious crimes committed in Timor Leste between 1 January and 25 October 1999; noted the important steps taken by the Government of Indonesia to bring perpetrators of those violations; and expressed its disappointment at the way in which the trials were being carried out.
In a Chairperson' statement on the human rights situation in Haiti, the Commission expressed its deep concern at the deteriorating human rights situation in that country. The Commission urged the Haitian Government to continue to step up its efforts to combat impunity, to strengthen the rule of law, to safeguard democratic pluralism, to ensure the independence of the judiciary and to protect political leaders, journalists, trade union activists and human rights defenders, in compliance with its international obligations. The Commission requested the Office of the High Commissioner for Human Rights to expand its activities in Haiti by setting up an office in that country, working together with the Haitian authorities, in line with the recommendations of the Independent Expert and within existing resources.
In a Chairperson's statement on the human rights situation in Colombia, the Commission welcomed the extension of the mandate of the office in Colombia of the United Nations High Commissioner for Human Rights granted by the Government of Colombia for a four-year period until 2006; stressed the responsibility of the Colombian Government with regard to the human rights situation and the observance of international humanitarian law and democratic principles. The Commission firmly condemned all acts of terrorism and other criminal acts; the recruitment of a large number of children by illegal armed groups; all acts of violence and breaches of international humanitarian law committed by paramilitary groups; the practice of kidnapping; all threats, attacks and assassinations by paramilitary or other illegal armed groups against persons who carried out peaceful political activities; and the campaign of intimidation against mayors and town councillors.

Country-by-Country Examinations of Situations of Human Rights
Under this agenda item, the Commission:
--called in a resolution on the human rights situation of Lebanese detainees in Israel (E/CN.4/2003/L.8) for the Government of Israel to comply with the Geneva Conventions and the Additional Protocols thereto; to refrain from holding the detained Lebanese citizens incarcerated in its prisons as hostages for bargaining purposes and to release them immediately;
-- in a resolution on cooperation with representatives of the United Nations human rights bodies (E/CN.4/2003/ L. 29), condemned all acts of intimidation or reprisal against those who sought to cooperate or had cooperated with representatives of human rights bodies; and invited the Secretary-General to submit to the Commission at its sixtieth session a report containing a compilation and analysis of available information on alleged reprisals against the persons referred to;
-- in a resolution on the situation of human rights in the Democratic People's Republic of Korea (DPRK) (E/CN.4/2003/ L.31/Rev.1), expressed deep concern about reports of systematic, widespread and grave violations of human rights, including torture, public executions, imposition of the death penalty for political reasons, the existence of a large number of prison camps, the extensive used of forced labour, and lack of respect for the rights of persons deprived of their liberty; all-pervasive and severe restrictions on the freedoms of thought, conscience, religion, opinion, expression, peaceful assembly and association and on access of everyone to information, and limits imposed on movement; and requested the High Commissioner for Human Rights to engage in a comprehensive dialogue with the authorities of the DPRK with a view to establishing technical cooperation programmes in the field of human rights;
-- in a resolution on the situation of human rights in Turkmenistan (E/CN.4/2003/34/Rev.1), expressed its appreciation at the recent announcement by the Government of Turkmenistan to uphold the decision by the Turkmen Peoples' Congress to abolish the death penalty; expressed grave concern at the persistence of a governmental policy based on the repression of all political opposition activities and on the abuse of the legal system through arbitrary detention, imprisonment and surveillance of persons who tried to exercise their freedoms of thought, expression, assembly and association, and harassment of their families; and called on the Special Rapporteurs on the independence of judges and lawyers, on the question of torture, on extrajudicial, summary and arbitrary executions, and on freedom of opinion and expression, as well as the Working Group on Arbitrary Detention and the Special Representative of the Secretary-General on internally displaced persons, to seek invitations from the Government of Turkmenistan to visit the country;
-- in a resolution on the situation of human rights in Myanmar (E/CN.4/2003/L.36), welcomed the freedom of movement within the country enjoyed by the leader of the National League for Democracy, Aung San Suu Kyi; and the release from prison of a number of persons detained for political activities. The Commission called upon the Government to fulfil its obligations to restore the independence of the judiciary and due process of law, and to take further steps to reform the system of administration of justice; to take immediate action to implement fully measures to eradicate the practice of forced labour by all organs of government, including the armed forces; and to immediately ensure safe and unhindered access to all parts of Myanmar for the United Nations and international humanitarian organizations; and decided to extend the mandate of the Special Rapporteur on the situation in Myanmar for a further year;
-- in a resolution on the situation of human rights in Cuba (E/CN.4/2003/L.2), expressed satisfaction with the appointment of Christine Chanet as Personal Representative of the High Commissioner for Human Rights on the situation in Cuba, called for the implementation of resolution 2002/18; and urged the Government of Cuba to receive the personal representative and to provide all the facilities necessary for her to fulfil her mandate contained in the resolution;
-- in a resolution (E/CN.4/2003/L.38) on the situation of human rights in Belarus, urged the Government of Belarus to dismiss or suspend from their duties law-enforcement officers implicated in forced disappearances and/or summary executions, pending an impartial, credible and full investigation of those cases; to ensure that all necessary measures were taken to investigate fully and impartially all cases of forced disappearance, summary execution and torture and that perpetrators were brought to justice before an independent tribunal; to establish independence of the judiciary and end impunity for persons responsible for killing or injuring individuals; and to release journalists and other individuals detained for politically motivated reasons and to cease harassment of non-governmental organizations and political parties;
-- in a resolution on the situation of human rights in the Democratic Republic of the Congo (DRC) (E/CN.4/2003/L.41/Rev.1), welcomed the Peace Agreements signed at Pretoria on 30 July 2002 and at Luanda on 6 September 2002, and the agreement on a transitional constitution and a national army signed at Pretoria on 6 March 2002; the release of some human rights defenders and the action of the Congolese Ministry of Human Rights; condemned the massacres that had occurred in the province of Ituri; condemned cases of summary or arbitrary execution, disappearance, torture, harassment, arrest, widespread persecution and arbitrary detention for long periods throughout the country; and decided to extend the mandate of the Special Rapporteur on the situation in the DRC for a further year;
-- in a resolution (E/CN.4/2003/ L.45) on the situation of human rights in Burundi encouraged the Transitional Government to continue its actions aimed at associating all sectors of society in the work of national reconciliation and at the restoration of an institutional order that was safe and reassuring so as to bring back democracy and peace; remained concerned at the ongoing violence and the violations of human rights as well as the security situation in parts of the country, and noted efforts by Burundian authorities to ensure that rights were respected; condemned the intensifying violence, especially acts of rape committed against women and urged all parties to the conflict to end the cycle of violence and killings; urged all parties to the conflict to end the use of children as soldiers; and decided to extend the mandate of the Special Rapporteur on the situation in Burundi for one year;
-- in a resolution (E/CN.4/2003/L.6/Rev.1) on the situation of human rights in Iraq, reiterated its strong condemnation of the systematic, widespread and extremely grave violations of human rights and international humanitarian law by the Government of Iraq over many years; requested all parties to the current conflict in Iraq to abide strictly by their obligations under international humanitarian law; called upon the international community, including all parties to the current conflict, to address as a matter of urgency the major humanitarian needs of the people of Iraq; called upon the international community to assist in the development of free and democratic institutions in Iraq; and decided to extend the mandate of the Special Rapporteur on the human rights situation in Iraq for a further year;
-- and decided to retain on its agenda sub-item (a), entitled "Question of human rights in Cyprus".
Draft resolutions on the human rights situations in the Sudan and the Chechen Republic of the Russian Federation were rejected on roll-call votes. A draft resolution on the situation of human rights in Zimbabwe was defeated on a no-action motion, also by a roll-call vote.

Advisory Services and Technical Cooperation in the Field of Human Rights
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.78) on the situation of human rights in Afghanistan, recognized the steps already taken by the Transitional Authority to promote and protect human rights; noted with concern reports of violence perpetrated by Afghan elements against certain ethnic groups, internally displaced persons and refugees who had returned, as well as cases of arbitrary arrest and detention and attacks against women and girls; and requested the Secretary-General to appoint an independent expert for a period of one year to develop, in collaboration with the Transitional Authority, a programme of advisory services to ensure the full respect and protection of human rights and the promotion of the rule of law and to seek and receive information about and report on the human rights situation in Afghanistan in an effort to prevent human rights violations;
-- in a resolution on assistance to Somalia in the field of human rights, (E/CN.4/2003/L.79) expressed deep concern at reported cases of rape, arbitrary and summary executions, torture and violence, in particular against women and children, and at the absence of an effective judicial system; condemned the serious violations of the commitment undertaken by the parties on 27 October 2002 which were still occurring; called upon all States to comply scrupulously with the arms embargo of Somalia established by the Security Council and not to interfere in the internal affairs of Somalia; and decided to extend the mandate of the independent expert on the situation of human rights in Somalia for a further year;
-- in a resolution (E/CN.4/2003/L.81) on the situation of human rights in Cambodia, noted with concern continued problems related to the rule of law and the functioning of the judiciary and urged the Government to expedite legal and judicial reform; welcomed drafts of a penal code, a code on criminal procedures, a civil code and a code on civil procedures; expressed serious concern that the situation of impunity still existed in Cambodia; expressed grave concern about continued violations of human rights, including torture, excessive pre-trial detention, violation of labour rights and forced evictions, as well as political violence, including killings of political activists, involvement by police and military personnel in violence and the apparent lack of protection from mob killings; and noted that some progress had been made by the Government in addressing these issues;
-- in a resolution on the situation of human rights in Sierra Leone (E/CN.4/2003/L.85), welcomed the ongoing work of the Special Court for Sierra Leone to bring to justice those who bore the greatest responsibility for crimes against humanity, war crimes and other serious violations of international humanitarian law; and the ongoing work of the Truth and Reconciliation Commission; expressed deep concern at the number of girls and women still held against their will; urged the Government to continue working to reintegrate the remainder of ex-combatants; to ensure that the necessary conditions were provided for women and girls forced into matrimonial or other relationships during the conflict and that any other girls were immediately released if they so wished; and to give priority attention to the special needs of all mutilated victims and of women and children;
-- in a resolution on technical cooperation and advisory services in Chad, (E/CN.4/2003/L.97), requested the High Commissioner for Human Rights, in consultation with the Government of Chad, to elaborate a programme of technical assistance and advisory services in the field of human rights;
-- and, in a measure on technical cooperation and advisory services in Liberia, (E/CN.4/2003/L.98), decided to appoint an independent expert for an initial period of three years to facilitate cooperation between the Government of Liberia and the Office of the High Commissioner for Human Rights in the area of the promotion and protection of human rights by providing technical assistance and advisory services; and invited the independent expert to visit Liberia to assess the situation and to submit an initial report on the matter to the Commission at its sixtieth session.

Economic, Social and Cultural Rights
Under this agenda item, the Commission:
-- in a resolution on human rights and unilateral coercive measures (E/CN.4/2003/L.15/Rev.1), urged all States to refrain from adopting or implementing unilateral measures not in accordance with international law, international humanitarian law and the Charter of the United Nations, in particular those of a coercive nature with extraterritorial effects, which created obstacles to trade relations among States, thus impeding the full realization of the rights set forth in the Universal Declaration of Human Rights and other international human rights instruments, in particular the right of individuals and peoples to development; and condemned the continued unilateral application by certain Powers of such measures as tools of political or economic pressure against any country, particularly against developing countries, with a view to preventing those countries from exercising their right to decide, of their own free will, their own political, economic and social systems;
-- in a resolution (E/CN.4/2003/ L.21) on the 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 of Economic, Social and Cultural Rights, and study of the special problems which the developing countries faced in their efforts to achieve these human rights, called upon all States to give effect to economic, social and cultural rights; to give particular attention to the realization of such rights by individuals, most often women and children, especially girls, and communities living in extreme poverty; and requested the working group established to consider the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights to meet for a period of ten working days prior to the sixtieth session of the Commission;
-- in a resolution on the right to education (E/CN.4/2003/L.22), urged all States to give full effect to this right and to guarantee that it was recognized and exercised without discrimination of any kind; and to take all appropriate measures to eliminate obstacles to effective access to education, notably by girls, including pregnant girls, children living in rural areas, children belonging to minority groups, indigenous children, migrant children, refugee children, internally displaced children, children affected by armed conflicts, children with disabilities, children affected by infectious diseases, including HIV/AIDS, sexually exploited children, children deprived of their liberty, children living in the street, and orphaned children;
-- in a resolution on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights (E/CN.4/2003/ L.19), categorically condemned such dumping; reaffirmed that such illicit traffic and dumping constituted a serious threat to the human rights to life and the enjoyment of the highest attainable standard of physical health; AND urged all Governments to take appropriate legislative and other measures to prevent such trafficking and dumping and the transfer of polluting industries and industrial activities and technologies which generated hazardous wastes from developed to developing countries;
-- in a resolution on the effects of structural adjustment policies and foreign debt on the full enjoyment of human rights, particularly economic, social and cultural rights (E/CN.4/2003/L.23), said that it was fully aware that structural adjustment reform programmes gave inadequate attention to the provision of social services and that only a few countries managed to achieve sustainable higher growth under these programmes; was concerned because many countries, particularly in sub-Saharan Africa, still carried very high external debt burdens relative to their gross national products; noted that in several low- and middle-income countries unsustainable levels of external debt continued to create a considerable barrier to sustainable development; and recognized that debt relief could play a key role in liberating resources that should be directed towards activities consistent with sustainable growth and development; and decided to renew the mandate of the Independent Expert on structural adjustment policies and foreign debt for another three years;
-- in a resolution (E/CN.4/2003/L.24) on women's equal ownership, access to and control over land and the equal rights to own property and to adequate housing, reaffirmed women's rights to an adequate standard to living, including housing; affirmed that discrimination in law against women with respect to such rights constituted a violation of women's human right to protection against discrimination; and encouraged Governments to support the transformation of customs and traditions that discriminated against women in matters of housing and land ownership;
-- in a resolution (E7CN.4/2003/L.25) on globalization and its impact on the full enjoyment of human rights, recognized that while globalization, by its impact on, inter alia, the role of the State, could affect human rights, the promotion and protection of human rights was first and foremost the responsibility of the State; reaffirmed that, in addition to States' separate responsibilities to their individual societies, they had a collective responsibility to uphold the principles of human dignity, equality, and equity at the global level; and also reaffirmed the commitment to create an environment that was conducive to development and to the elimination of poverty through, inter alia, good governance within each country and at the international level, transparency in the financial, monetary and trading systems and the commitment to an open, equitable, rule-based, predictable and non-discriminatory multilateral trading and financial system;
-- in a resolution on human rights and extreme poverty (E/CN.4/2003/L.26), reaffirmed that extreme poverty and exclusion from society constituted a violation of human dignity and that urgent national and international action was required to eliminate them; recognized the efforts of developing countries, in particular the commitment and determination of African leaders, to seriously address the challenges of poverty, underdevelopment, marginalization, social exclusion, economic disparities, instability and insecurity, through such initiatives as the New Partnership for Africa's Development and other innovative mechanisms such as the World Solidarity Fund for the Eradication of Poverty; and urged States and encouraged the private sector and international financial and development institutions, such as the World Bank and regional development banks, to promote participation of individuals and groups who were victims of racism, racial discrimination, and related intolerance in economic, cultural, and social decisions-making at all stages;
--in a resolution on the right to food (E/CN.4/2003/L.27), encouraged all States to take steps with a view to achieving progressively the full realization of the right to food, including steps to promote the conditions for everyone to be free from hunger and as soon as possible enjoy fully the right to food, as well as to elaborate and adopt national plans to combat hunger; and decided to extend the mandate of the Special Rapporteur on the right to food for a further three years;
-- in a resolution (E/CN.4/2003/L.28) on the promotion of the enjoyment of the cultural rights of everyone and respect for different cultural identities, stressed that, in the face of current imbalances in flows and exchanges of cultural goods and services at the global level, it was necessary to reinforce international cooperation and solidarity aimed at enabling all countries, especially developing countries and countries in transition, to establish cultural industries that were viable and competitive at the national and international level; underlined that market forces alone could not guarantee the preservation and promotion of cultural diversity, which was the key to sustainable human development; and requested once again the High Commissioner for Human Rights to consult States and intergovernmental organizations on the possibility of appointing a Special Rapporteur on the basis of whose mandate would be the comprehensive implementation of the present resolution;
-- in a resolution (E/CN.4/2003/L.30/Rev.1) on adequate housing as a component of the right to an adequate standard of living, requested the Special Rapporteur, in the fulfilment of his mandate, to give particular emphasis to practical solutions with regards to the implementation of the rights relevant to his mandate; decided to renew the mandate of the Special Rapporteur for a period of three years;
-- in a resolution on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (E/CN.4/2003/32), called upon States to guarantee that the right of everyone to the enjoyment of the highest attainable standard of physical and mental health would be exercised without discrimination of any kind; recommended that the Economic and Social Council recommend that the General Assembly declare 2007 the United Nations Year for Violence Prevention; and invited the Special Rapporteur to pay particular attention to the linkages between poverty reduction strategies and the right of everyone to the enjoyment of the highest attainable standard of physical and mental health;
-- in a resolution on access to medication in the context of pandemics such as HIV/AIDS, Tuberculosis and Malaria (E/CN.4/2003/33), called upon States to establish or strengthen national health and social infrastructures and health-care systems, with the assistance of the international community as necessary, for the effective delivery of prevention, treatment, care and support to respond to pandemics such as HIV/AIDS, tuberculosis and malaria; and called upon States at the national level to refrain from taking measures which would deny or limit equal access for all persons to preventive, curative or palliative pharmaceutical products;
-- and in a measure (decision 3) on the Social Forum, the Commission decided, by a vote of 36 in favour, 1 against, and with 16 abstentions, to recommend to the Economic and Social Council that it authorize the Sub-Commission on the Promotion and Protection of Human Rights to convene in Geneva an annual intersessional forum on economic, social and cultural rights, to be known as the Social Forum, for two days on dates that would permit the possible participation of 10 members of the Sub-Commission.

Civil and Political Rights
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.40) on the question of arbitrary detention, encouraged Governments concerned to implement the recommendations of the Working Group on arbitrary detention concerning persons mentioned in its report who had been detained for a number of years; to take appropriate measures in order to ensure that their legislation, regulations and practices in these fields were in conformity with the relevant international standards; and to pay special attention, during states of emergency, to the exercise of those rights that ensured protection against arbitrary detention; and decided to extend for three years the mandate of the Working Group on arbitrary detention;
-- in a resolution (E/CN.4/2003/L.42) on torture and other cruel, inhuman or degrading treatment or punishment, condemned all such acts; condemned in particular any action or attempt by States or public officials to legalize or authorize torture under any circumstances; urged all Governments to take effective measures to provide redress and to prevent torture and other cruel, inhuman or degrading treatment; reminded Governments that corporal punishment, including of children, could amount to such treatment; reminded Governments that intimidation and coercion, including serious and credible threats, as well as death threats, could amount to such treatment; and urged all States to consider becoming parties to the Convention against Torture and to consider signing and ratifying the Optional Protocol to the Convention.
-- in a resolution (E/CN.4/2003/L.43) on human rights and forensic science, welcomed the increased use of forensic investigations in situations where grave violations of human rights had occurred; recommended that the Office of the High Commissioner for Human Rights encourage forensic experts to coordinate further and to produce additional manuals; and recommended that the Secretary-General establish procedures to evaluate the use of forensic expertise and the results of those efforts;
-- in a resolution (E/CN.4/2003/ L. 44) on the right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms, called upon the international community to give due attention to the right to a remedy and, in particular, in appropriate cases, to receive restitution, compensation, and rehabilitation; requested the Secretary-General to circulate the draft "Basic principles and guidelines" on the subject; requested the Chairperson-Rapporteur of the consultative meeting held on the guidelines, in consultation with the relevant independent experts, to prepare a revised version; and requested the High Commissioner for Human Rights to hold a second consultative meeting with a view to finalizing the "Basic principles and guidelines";
-- in a resolution (E/CN.4/2003/L.47) on the strengthening of popular participation, equity, social justice and non-discrimination as essential foundations of democracy, reaffirmed that democracy was based on the freely expressed will of the people; that while all democracies shared common features, there was no one model of democracy, and therefore States must not seek to export any particular model of democracy; that the consolidation of democracy required the promotion and protection of all human rights for everyone; and reaffirmed that the will of the people should be the basis of the authority of Government, and that this should be expressed in periodic and genuine elections by universal and equal suffrage, held by secret vote or by equivalent free voting procedures;
-- in a resolution on the interdependence between democracy and human rights (E/CN.4/2003/L.49), reaffirmed its conviction that democracy, development and respect for human rights were interdependent and mutually reinforcing; stressed the need for equal opportunities for men and women to participate in political and public life; acknowledged that democracy was an always perfectible process; requested the Office of the High Commissioner for Human Rights to prepare a compilation of documents or texts adopted and used by organizations to promote and consolidate democracy; and called upon the Office to organize a second expert seminar in 2004, to examine further the interdependence between democracy and human rights, with the topic of "democracy and the rule of law";
-- in a resolution (E/CN.4/2003/ L.51) on human rights and terrorism, reiterated its unequivocal condemnation of terrorism in all its acts and forms; strongly condemned violations of the right to life, liberty and security; and urged States to prevent, combat and eliminate terrorism;
-- in a resolution on the question of enforced or involuntary disappearances (E/CN.4/2003/L.53/Rev.1), deplored the fact that some Governments had never provided substantive replies concerning the cases of enforced disappearance in their countries or acted on the recommendations concerning them made in the reports of the Working Group on enforced or involuntary disappearances; urged the Governments concerned to cooperate with the Working Group; to continue efforts to shed light on the fate of individuals in situations where there were many long-unresolved cases of disappearances and to set appropriate settlement machinery in train with the families of those individuals; and requested the intersessional open-ended Working Group with the mandate to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance to meet for a period of 10 working days before the sixtieth session of the Commission;
-- in a resolution (E/CN.4/2003/L.54) on the integrity of the judicial system, reiterated that every person was entitled, in full equality, to a fair and public hearing by an independent and impartial tribunal, in the determination of his/her rights and obligations and of any criminal charge against him/her; that everyone had the right to be tried by ordinary courts or tribunals using established legal procedures; stressed the importance that everyone charged with a penal offense had the right to be presumed innocent until proven guilty; and urged States to guarantee that all persons brought to trial before courts or tribunals had the right to be tried in their presence and to defend themselves in person;
-- in a resolution on hostage-taking (E/CN.4/2003/L.55), reaffirmed that hostage-taking, wherever and by whomever committed, was a serious crime and under any circumstances was unjustifiable; condemned all acts of hostage-taking anywhere in the world; and demanded that all hostages be released immediately and without any preconditions;
-- in a resolution on the incompatibility between democracy and racism (E/CN.4/2003/L.56), condemned the persistence and resurgence of neo-Nazism, neo-fascism and violent nationalist ideologies based on racial or national prejudice, and stated that these phenomena could never be justified in any instance; urged States to reinforce their commitment to promote tolerance and human rights and to fight against racism, racial discrimination, xenophobia and related intolerance as a way to strengthen democracy, the rule of law and transparent and accountable governance; and invited the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to update and expand the study on the issue of political platforms which promoted or incited racial discrimination;
-- in a resolution on the right to freedom of opinion and expression (E/CN.4/2003/L.59), expressed its continuing concern at the extensive occurrence of detention, extrajudicial killing, torture, intimidation, persecution and harassment, abuse of legal provisions on defamation and criminal libel as well as on surveillance, search and seizure, and censorship, threats and acts of violence and of discrimination, often undertaken with impunity, against persons, including professionals in the field of information, who exercised the right to freedom of opinion and expression; and expressed concern at the inadequate resources provided to the Special Rapporteur on freedom of opinion and expression and requested the Secretary-General to provide the assistance necessary for the Special Rapporteur to fulfill his mandate effectively;
-- in a resolution (E/CN.4/2003/L.48) on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, noted the concern of the Special Rapporteur on the topic that the situation of the independence of the judiciary, which was the bedrock of the rule of law, remained delicate in many parts of the world; invited the High Commissioner for Human Rights to continue to provide technical assistance to train judges and lawyers; and decided to extend the mandate of the Special Rapporteur for a further three years;
-- in a resolution on extrajudicial, summary or arbitrary executions (E/CN.4/2003/L.57/Rev.1), stressed the importance of States taking effective measures to end impunity with regard to extrajudicial, summary or arbitrary executions; urged the Special Rapporteur on the topic to continue to draw to the attention of the UN High Commissioner for Human Rights such situations of extrajudicial, summary or arbitrary execution as were of particularly serious concern to her or where early action might prevent further deterioration; and requested the Secretary-General to provide the Special Rapporteur with adequate human, financial and material resources in order to enable her to carry out her mandate effectively;
-- in a resolution on the elimination of all forms of religious intolerance (E/CN.4/2003/L.58), urged States to ensure that their constitutional and legislative systems provided adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without distinction; to ensure that no one within their jurisdiction was deprived of the right to life or the right to liberty and security of person because of religion or belief; in conformity with international human rights standards, to take all necessary action to combat hatred, intolerance and acts of violence, intimidation and coercion motivated by intolerance based on religion or belief; and to recognize the right of all persons to worship or assemble in connection with a religion or belief and to establish and maintain places for these purposes;
-- and in a measure on discrimination in the criminal justice system, approved the decision of the Sub-Commission on the Promotion and Protection of Human Rights to appoint Leila Zerrougui as Special Rapporteur to conduct a detailed study of the subject.

The Right of Peoples to Self-Determination
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.5) on the question of Western Sahara, took note of the agreements reached between the Kingdom of Morocco and the Frente Popular para la Liberacion de Saguia el-Hamra y de Rio de Oro for the implementation of the settlement plan during their private direct talks under the auspices of the Personal Envoy of the Secretary-General, and urged the parties to implement those agreements fully and in good faith;
-- in a resolution (E/CN.4/2003/L.7) on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, urged all States to take the necessary steps and to exercise the utmost vigilance against the menace posed by the activities of mercenaries, and to take legislative measures to ensure that their territories and other territories under their control, as well as their nationals, were not used for mercenary activities for the planning of activities designed to impeded the right to self-determination, to overthrow the Government of any State, or to dismember or impair the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the right to self-determination;
-- and in a resolution (E/CN.4/2003/L.9) on the situation in occupied Palestine, reaffirmed the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to establish their sovereign and independent Palestinian State, and looked forward to the early fulfilment of that right; and requested the Secretary-General to transmit the present resolution to Israel.

Racism and Other Forms of Intolerance
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.16) on combating defamation of religion, expressed deep concern that Islam was frequently and wrongly associated with human rights violations and terrorism; noted with deep concern the intensification of the campaign of defamation of religions, and the ethnic and religious profiling of Muslim minorities, in the aftermath of the tragic events of 11 September 2001; and requested the Special Rapporteur on contemporary forms of racism to examine the situation of Muslim and Arab peoples with special reference to physical attacks against their places of worship, cultural centres, businesses and properties in the aftermath of the events of 11 September 2001 and to submit a progress report on his findings to the Commission;
-- and, in a resolution (E/CN.4/2003/L.4) on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, stressed that States and international organizations had a responsibility to ensure that measures taken in the struggle against terrorism did not discriminate on grounds of race, colour, descent or ethnic origin; urged all States to review and, when necessary, revise their immigration laws, policies and practices so that they were free of racial discrimination; decided that the Working Group on the Effective Implementation of the Durban Declaration and Programme of Action would convene its future sessions for an initial period of three years; requested the Working Group to convene its second session of 10 working days and to focus on poverty, education and complementary standards; and decided that the Working Group of Experts on People of African Descent shall reconvene for an initial period of three years; and emphasized that the basic responsibility for combating racism lay with States.

Promotion and Protection of Human Rights
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.39) on enhancement of international cooperation in the field of human rights, considered that such cooperation should make an effective and practical contribution to the urgent task of preventing violations of human rights; and urged all actors to build an international order based on inclusion, justice, equality, human dignity, mutual understanding, and promotion of and respect for cultural diversity and universal human rights;
-- in a resolution on promotion of peace as a vital requirement for the full enjoyment of all human rights by all (E/CN.4/2003/L.76), solemnly declared that the preservation of peace and its promotion constituted a fundamental obligation of each State; emphasized that the policies of States should be directed towards the elimination of the threat of war, particularly nuclear war, the renunciation of the use or threat of use of force in international relations and the settlement of international disputes by peaceful means on the basis of the Charter of the United Nations;
-- in a resolution on development of public information activities in the field of human rights, including the World Public Information Campaign on Human Rights (E/CN.4/2003/L.80), encouraged the Office of the High Commissioner for Human Rights to continue the development of human rights education and training materials; and urged the Department of Public Information to continue to use fully and effectively the United Nations information centres for the purpose of disseminating basic information and reference materials on human rights;
-- in a resolution (E/CN.4/2003/L.84) on promotion of a democratic and equitable international order, called upon Member States to maximize the benefits of globalization through, inter alia, the strengthening and enhancement of international cooperation to increase equality of opportunity for trade, economic growth and sustainable development, global communication and increased intercultural exchange through the preservation and promotion of cultural diversity; affirmed that such an order required, inter alia, the right of all peoples to self-determination; to permanent sovereignty over their natural wealth and resources; the right of all to development; the right of all to peace; the right to an international economic order based on equal participation in the decision-making process, interdependence, mutual interest, solidarity, and cooperation among all States; and transparent, democratic, just and accountable international institutions;
-- in a resolution on human rights defenders (E/CN.4/2003/L.87), called upon all States to promote and give full effect to 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; condemned all human rights violations committed against human rights defenders; and decided to extend the mandate of the Special Representative of the Secretary-General on human rights defenders for a further three years;
-- in a resolution (E/CN.4/2003/L.90) on the role of good governance in the promotion of human rights, recognized that transparent, accountable and participatory government, responsive to the needs and aspirations of the people, was the foundation on which good governance rested;
-- in a resolution on the Convention on the Prevention and Punishment of the Crime of Genocide (E/CN.4/2003/L.91), reaffirmed the significance of the Convention; invited States to ratify the Convention; and called upon all member States to continue to give serious consideration to the matter of the prevention and punishment of the crime of genocide;
-- in a resolution (E/CN.4/2003/L.93) on the question of the death penalty, urged all States that still maintained the death penalty not to impose it for crimes committed by persons below 18 years of age, and to exclude pregnant women from capital punishment; not to impose it for any but the most serious crimes; to ensure that the notion of "most serious crimes" did not go beyond intentional crimes with lethal or extremely grave consequences and that the death penalty was not imposed for non-violent acts such as financial crimes, non-violent religious practice or expression of conscience and sexual relations between consenting adults; progressively to restrict the number of offenses for which the death penalty could be imposed; and to abolish the death penalty completely and, in the meantime, to establish a moratorium on executions;
-- in a resolution (E/CN.4/2003/L.94) on the protection of human rights and fundamental freedoms while countering terrorism, affirmed that States must ensure that any measure taken to combat terrorism complied with their obligations under international human rights, refugee and humanitarian law; invited the High Commissioner for Human Rights and the Human Rights Committee to continue the important dialogues they had established with the Counter-Terrorism Committee of the Security Council; requested the High Commissioner to continue to examine the question of protecting human rights while combating terrorism, to continue to make general recommendations on the topic, and to submit a report on implementation of the present resolution to the Commission at its sixtieth session;
-- in a resolution on human rights and bioethics (E/CN.4/2003/L.95); urged States to take measures for the protection and confidentiality of personal genetic data concerning persons living or dead; called upon States that had not yet done so to address the issue of discrimination arising from the application of genetics; and drew the attention of Governments to the importance of research on the human genome and its applications for the improvement of health, and the need to safeguard the human rights, the dignity, and the identity of the individual;
-- in a resolution (E/CN.4/2003/L.99) on the United Nations Decade for Human Rights Education, urged all Governments to contribute further to the implementation of the Plan of Action for the Decade; to intensify their efforts in the field of education, including human rights education, in order to promote an understanding and awareness of the causes, consequences and evils of racism, racial discrimination, xenophobia and related intolerance; and requested the Office of the High Commissioner to organize jointly with the United Nations Educational, Scientific and Cultural Organization an intergovernmental workshop to assess the achievements and shortcomings of the current Decade and to discuss strategies for a second decade;
-- in a resolution on impunity (E/CN.4/2003/L.101), emphasized the importance of taking all necessary steps to hold accountable perpetrators, including their accomplices, of violations of international human rights and humanitarian law, recognized that amnesties should not be granted to those who committed such violations and urged States to take action in accordance with their obligations under international law; acknowledged the historic significance of the entry into force of the International Criminal Court; and requested the Secretary-General to commission an independent study within existing resources on best practices to assist States in strengthening their domestic capacities for combating all aspects of impunity;
-- in a resolution on the human rights and the environment as part of sustainable development (E/CN.4/2003/L.100/Rev.1), called upon States to take all necessary and appropriate measures to protect the exercise of everyone's human rights when promoting environmental protection and sustainable development; and requested the Secretary-General to submit to the Commission at its sixtieth session a report on the consideration being given to the possible relationship between the environment and human rights, including the right to development, as part of sustainable development;
-- in a measure on the prevention of human rights violations caused by the availability and misuse of small arms and light weapons, endorsed the decision of the Sub-Commission on the Promotion and Protection of Human Rights to appoint Barbara Frey as Special Rapporteur to prepare a study on the topic;
-- and, in a measure (E/CN.4/2003/L.86) on human rights and responsibilities, decided to recommend to the Economic and Social Council that it authorize Miguel Alfonso Martinez, Special Rapporteur on the topic, to send again to member States and relevant organizations the questionnaire contained in the annex to his preliminary report.

The Human Rights of Women
Under this agenda item, the Commission:
-- in a resolution on integrating the human rights of women throughout the United Nations system (E/CN.4/2003/L.50), recognized the importance of examining the intersection of multiple forms of discrimination from a gender perspective; encouraged the Secretary-General to ensure implementation of the joint work plan on integrating the human rights of women throughout the United Nations system, and to continue to elaborate the plan; and recognized the important role of women in the prevention and resolution of conflicts and in peace-building, and the need to increase their role in decision-making in such matters;
-- and, in a resolution on the elimination of violence against women (E/CN.4/2003/L.52), strongly condemned all acts of such violence; strongly condemned physical, sexual and psychological violence occurring in the family; stressed that States had the affirmative duty to promote and protect the human rights of women and girls; urged them to condemn violence against women and not invoke custom, tradition or practices in the name of religion or culture to avoid their obligations to eliminate such violence; strongly condemned violence against women committed in situations of armed conflict; and decided that the mandate of the Special Rapporteur on violence against women should be renewed for a period of three years.

Rights of the Child
Under this agenda item, the Commission:
-- in an omnibus resolution (E/CN.4/2003/L.105) on the rights of the child, called on all States to ensure that children were entitled to their civil, political, economic, social and cultural rights without discrimination of any kind; to ensure the full and equal enjoyment by girls of all human rights; to take all necessary measures to ensure the full and equal enjoyment of all human rights by children with disabilities and by children working and/or living in the street, refugee and internally displaced children, and children alleged to have or recognized as having infringed penal law; and called upon all States to take all appropriate measures to prevent and eradicate the sale of children, child prostitution and child pornography;
-- and, in a resolution on the abduction of children in Africa (E/CN.4/2003/L.46), condemned in the strongest terms the abduction and recruitment of children for armed conflicts; the abduction of children from refugee camps by armed groups, as distinct from the armed forces of States, and their subjection of children to forced conscription, torture, killing and rape; and demanded the immediate demobilization and disarmament of all child soldiers.

Indigenous Issues
Under this agenda item, the Commission:
-- in a resolution on the Working Group on indigenous populations, (E/CN.4/2003/L.17), noted that the respective mandates of the Working Group on indigenous populations of the Sub-Commission, the Permanent Forum on Indigenous Issues and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people of the Commissioner were complementary and did not give rise to duplication; and said it was convinced of the continuing need for the Working Group on indigenous populations; and endorsed the recommended decisions 5 and 8 of the Sub-Commission on the Promotion and Protection of Human Rights in relation to the Working Group;
-- in a resolution on human rights and indigenous issues (E/CN.4/2003/L.60), requested the Special Rapporteur on the human rights of indigenous people to request, receive and exchange information on violations of the human rights of indigenous people, wherever they occurred; and invited the Special Rapporteur, in carrying out his tasks, to take into account all the recommendations of the Permanent Forum on Indigenous Issues and the Working Group on Indigenous Populations relevant to his mandate;
-- in a resolution on Working Group of the Commission on Human Rights to elaborate a draft declaration on the rights of indigenous people in accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994 (E/CN.4/2003/L.69), recommended that the Working Group meet for 10 working days prior to the sixtieth session of the Commission; and requested the Chairperson-Rapporteur of the Working Group to undertake enquiries with the Office of the High Commissioner for Human Rights to determine the possibility of convening additional meetings of the Working Group with a view to facilitating progress in drafting a declaration;
-- in a resolution on the Working Group on Indigenous Populations of the Sub-Commission on the Promotion and Protection of Human Rights and the International Decade of the World's Indigenous People (E/CN.4/2003/L.72), recommended that the Economic and Social Council authorize the Working Group to meet for five working days prior to the fifty-fifth session of the Sub-Commission; requested the High Commissioner for Human Rights, in his capacity as Director of the Decade, to submit an updated annual report on the Decade to the Commission at its sixtieth session;
-- in a measure on indigenous peoples' permanent sovereignty over natural resources, endorsed the decision of the Sub-Commission on the Promotion and Protection of Human Rights to appoint Erica-Irene A. Daes as Special Rapporteur to undertake a study on the topic;
-- in a measure on treaties, agreements, and other constructive arrangements between States and indigenous peoples decided to recommend to the Economic and Social Council that it request the United Nations High Commissioner for Human Rights to organize, before the end of the Decade, a seminar on the subject;
-- and, in an amended measure on the presentation of the reports of the Working Group on indigenous populations on its twentieth and twenty-first sessions to the Permanent Forum on Indigenous Issues, endorsed the view of the Sub-Commission on the Promotion and Protection of Human Rights that the Chairperson-Rapporteur of the Working Group be invited to attend the second session of the Forum to present the reports.

Effective Functioning of Human Rights Mechanisms
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.88) on regional arrangements for the promotion and protection of human rights, recognized that the regional approach should imply intensive cooperation and coordination with all partners involved, while bearing in mind the importance of international cooperation; and invited States in areas in which regional arrangements did not yet exist to consider establishing suitable regional machinery;
-- in a resolution (E/CN.4/2003/L.82) on regional cooperation for the promotion and protection of human rights in the Asian and Pacific region, stressed that developing and strengthening national capacities for human rights in accordance with national conditions provided the strongest foundation for such cooperation in the region; and endorsed the conclusions of the eleventh Workshop on the next steps to be taken to facilitate such regional cooperation;
-- in a resolution (E/CN.4/2003/L.83) on the composition of the staff of the Office of the High Commissioner for Human Rights, considered that it was necessary to take urgent, concrete and immediate action to change the currently prevailing geographical distribution of staff of the Office in favour of a more equitable distribution of posts; requested the Secretary-General to take the necessary measures to ensure that particular attention was paid to recruiting personnel from unrepresented and underrepresented member States; and requested the High Commissioner to submit a comprehensive report on the implementation of the present resolution to the Commission at its sixtieth session;
-- in a resolution on national institutions for the promotion and protection of human rights (E/CN.4/2003/L.89), reaffirmed the importance of the development of effective, independent, pluralistic national institutions; reiterated the continued importance of the Paris Principles for such national institutions; and encouraged States to establish or, where they already existed, strengthen such institutions;
-- and, in a measure (E/CN.4/2003/L.96) on enhancement of the functioning of the Office of the High Commissioner for Human Rights in regard to the operation of the mechanisms of the Commission on Human Rights, decided to request the High Commissioner to ensure more effective coordination to preclude any overlapping and/or duplication among all the mechanisms mandated and/or reporting to the Commission.

Human Rights in the Occupied Arab Territories, including Palestine
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.3) on human rights in the occupied Syrian Golan, called upon Israel to comply with the relevant resolutions of the General Assembly and Security Council, particularly resolution 497 (1981) in which the Council 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; called upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasized that the displaced persons of the population must be allowed to return to their homes and to recover their properties;
-- in a resolution (E/CN.4/2003/L.12) on the question of the violation of human rights in the occupied Arab territories, including Palestine, reaffirmed the legitimate right of the Palestinian people to resist the Israeli occupation in order to free their land and be able to exercise their right to self-determination; strongly condemned the violations by the Israeli occupation authorities of human rights in the territory, including East Jerusalem; the Israeli occupation of the Palestinian territory; the war launched by the Israeli army against Palestinian towns and camps; the practice of "liquidation" or "extrajudicial executions" carried out by the Israeli army against Palestinians; and called upon the Government of Israel to put an end immediately to these practices; condemned the use of torture against Palestinians during interrogation; expressed grave concern at the deterioration of the human rights and humanitarian situation in the occupied Palestinian territory; and called once again upon Israel to desist from all forms of violation of human rights in the occupied Palestinian territory and to withdraw from the territory occupied since 1967;
-- and, in a resolution (E/CN.4/2003/L.18) on Israeli settlements in the occupied Arab territories, expressed grave concern at the continuation, at an escalated level, of the Israeli-Palestinian conflict; at the continuing Israeli settlement activities, including the illegal installation of settlers in the occupied territories and related activities, such as the expansion of settlements, the expulsion of Palestinians and the construction of bypass roads, which changed the physical character and demographic composition of the occupied territories, including East Jerusalem, as settlements were a major obstacle to peace and to the creation of an independent, viable, sovereign and democratic Palestinian State; urged the Government of Israel to comply fully with previous Commission resolutions on the subject of the settlements; and to reverse its settlement policy and prevent any new installation of settlers.

Specific Groups and Individuals
Under this agenda item, the Commission:
-- in a resolution on the human rights of migrants (E/CN.4/2003/L.63), strongly condemned manifestations and acts of racism, racial discrimination, xenophobia and related intolerance against migrants and the stereotypes often applied to them and urged States to eradicate impunity for those who committed racist and xenophobic acts; called upon all States to revise, when necessary, immigration policies with a view to eliminating discriminatory practices; to adopt effective measures to put an end to the arbitrary arrest and detention of migrants; to combat international trafficking and smuggling of migrants; to protect all human rights of migrant children; and to adopt measures to prevent the violation of the human rights of migrants while in transit;
-- in a resolution on the protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (E/CN.4/2003/L.64), invited States to strengthen national mechanisms for protecting HIV/AIDS-related human rights and to take all necessary measures to eliminate stigmatization of and discrimination against those infected and affected by HIV/AIDS; urged States to ensure that their laws, policies and practices respected human rights in the context of HIV/AIDS; and requested States to establish co-ordinated, transparent and accountable national policies and programmes for HIV/AIDS response;
-- in a resolution on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (E/CN.4/2003/L.67), acknowledged with appreciation the entry into force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; called again upon all States that had not yet done so to consider seriously signing and ratifying or acceding to the Convention as a matter of priority; and requested the Secretary-General to make all the necessary provisions for the timely establishment of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families;
-- in a resolution on the human rights of persons with disabilities (E/CN.4/2003/L.78), urged Governments to take active measures to ensure the full enjoyment by such persons of all human rights and fundamental freedoms; and called upon the Office of the High Commissioner for Human Rights to report to the Commission at its sixtieth session on progress in the implementation of the recommendations contained in the study on human rights and disability presented at the fifty-eighth session of the Commission and on the programme of work of the Office in relation to persons with disabilities;
-- in a resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities (E/CN.4/2003/L.70), urged States to promote and give effect to the Declaration on the rights of such persons; to provide equal access to education to members of minority groups and to facilitate their full participation in the economic progress and development of their country; to pay specific attention to the negative impacts of racism, racial discrimination, xenophobia and related intolerance on the situation of persons belonging to such minorities; to give special attention to the rights of children belonging to minorities; to protect the cultural and religious sites of minorities; and requested the High Commissioner for Human Rights to examine existing mechanisms and to identify possible gaps in the protection of the rights of such persons, and to report thereon to the Commission at its sixtieth session;
-- in a resolution (E/CN.4/2003/L.71.Rev.1) on internally displaced persons, expressed concern at the persistent problems of large numbers of internally displaced persons worldwide; expressed particular concern at the grave problems faced by many internally displaced women and children; noted the importance of taking the human rights and the specific protection and assistance needs of internally displaced persons into consideration in peace processes and in reintegration and rehabilitation processes; and called upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons;
-- in a resolution on human rights and mass exoduses (E/CN.4/2003/L.65), emphasized the responsibility of all States and international organizations to cooperate with those countries, particularly developing countries, affected by mass exoduses of refugees and displaced persons; called upon States to ensure effective protection of refugees by, inter alia, respecting the principle of non-refoulement; to ensure full, safe, unhindered access by humanitarian workers to displaced populations; to protect and promote and respect the human rights of refugee and displaced women and children; and requested the High Commissioner for Human Rights to prepare an analytical report on measures taken to implement the present resolution;
-- and, in a measure on housing and property restitution in the context of refugees and other displaced persons, endorsed the decision of the Sub-Commission on the Promotion and Protection of Human Rights to appoint Paulo Sergio Pinheiro as Special Rapporteur to carry out a comprehensive study of the topic.

Report of the Sub-Commission on the Promotion and Protection of Human Rights
In relation to the work of the Sub-Commission on the Promotion and Protection of Human Rights (E/CN.4/2003/L.66), the Commission approved a resolution stating that the Sub-Commission could best assist the Commission by providing it, among other things, with independent expert studies and working papers solely carried out by its members or alternates, but that nevertheless, the expertise of former members of the Sub-Commission could continue to be used to carry out some activities requested by the Sub-Commission and confirmed by the Commission; and requested the Bureau of the Commission to study further the proposals made by the Office of the High Commissioner for Human Rights on issues raised by the Sub-Commission.

Right to Development
Under this agenda item, the Commission adopted a resolution on the right to development, (E/CN.4/2003/L.14/Rev.1) in which it requested the Sub-Commission on the Promotion and Protection of Human Rights to prepare a concept document establishing options and their feasibility for the implementation of the right to development, inter alia, an international legal standard of a binding nature, guidelines on the implementation of the right to development and principles for development partnership; requested the High Commissioner to convene a two-day high-level seminar immediately prior to the next session of the Working Group on the right to development, inviting all relevant actors, to review and identify effective strategies for mainstreaming the right to development into the polices and operational activities of the major international organizations, as well as a contribution to the Sub-Commission's work on the proposed concept document; and decided to renew the mandate of the Working Group on the right to development for one year and to convene its 5th session before the 60th session of the Commission, for a period of ten working days.

Organization of the Work of the Session
Under this agenda item, the Commission adopted a decision on the dates of the 2003 session of the Commission; the working methods of the Commission; and the intersessional activities of the Commission Bureau.

Commission Bureau
The Chairperson of the Commission was Najat Al-Hajjaji of the Libyan Arab Jamahiriya. Vice-Chairpersons were Mike Smith of Australia, Prasad Kariyawasam of Sri Lanka, and Jorge Voto-Bernales of Peru. Rapporteur was Branko Socanac of Croatia.

Composition of the Commission
The composition of the Commission for 2003 is the following. The term of membership of each State expires on 31 December of the year indicated in brackets.
Algeria (2003), Argentina (2005), Armenia (2004), Australia (2005), Austria (2004), Bahrain (2004), Belgium (2003), Brazil (2005), Burkina Faso (2005), Cameroon (2003), Canada (2003), Chile (2004), China (2005), Costa Rica (2003), Croatia (2004), Cuba (2003), Democratic Republic of the Congo (2003), France (2004), Gabon (2005), Germany (2005), Guatemala (2003), India (2003), Ireland (2005), Japan (2005), Kenya (2003), Libyan Arab Jamahiriya (2003), Malaysia (2003), Mexico (2004), Pakistan (2004), Paraguay (2005), Peru (2003), Poland (2003), Republic of Korea (2004), Russian Federation (2003), Saudi Arabia (2003), Senegal (2003), Sierra Leone (2004), South Africa (2003), Sri Lanka (2005), Sudan (2004), Swaziland (2005), Sweden (2004), Syrian Arab Republic (2003), Thailand (2003), Togo (2004), Uganda (2004), Ukraine (2005), United Kingdom of Great Britain and Northern Ireland (2003), United States of America (2005), Uruguay (2003), Venezuela (2003), Viet Nam (2003), Zimbabwe (2005).



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