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26 April 2000
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Commission on Human Rights
56th session
26 April 2000
Evening
Also Approves Texts on Structural Adjustment and Foreign Debt, Defamation
of Religions, Advisory Services, Reform of Commission Mechanisms
The Commission on Human Rights approved consensus resolutions this evening welcoming progress but also citing concerns over human-rights situations in Haiti, Cambodia, and Somalia. The measures were adopted under the Commission's agenda item on advisory services and technical cooperation in the field of human rights.
The resolution on Haiti insisted, among other things, on the importance -- for combatting impunity and for the realization of a genuine and effective process of transition and national reconciliation -- of the investigations undertaken by Haiti's National Commission for Truth and Justice, and once again strongly urged the Government of Haiti to institute legal proceedings against perpetrators of human-rights violations identified by the National Commission and to create effective facilities for providing support to the victims, in particular women, children and members of their families.
The measure on Cambodia expressed grave concern about continued violations of human rights, including torture, extrajudicial killings, excessive pre-trial detention, violation of labour rights, illegal confiscation of land and forced relocation, and the apparent lack of protection from mob killings, and noted some progress made by the Government of Cambodia in addressing those issues. It expressed concerns over problems with administration of justice in the country but welcomed some reforms undertaken, and noted as positive the establishment of institutions for the protection and promotion of human rights in the country.
The resolution on Somalia welcomed progress in establishing peace, security, and local administration in some regions of Somalia, but expressed deep concern at reported cases of rape, arbitrary and summary executions, torture and other cruel punishment and violence, in particular against women and children, and expressed concern at the absence of an effective judicial system. The Commission decided to extend the mandate of its independent expert on the situation of human rights in Somalia for a further year
Several other resolutions were adopted before the Commission adjourned shortly before 9 p.m.
In a resolution on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, adopted by a roll-call vote of 30 in favour and 15 opposed, with 7 abstentions, the Commission stressed that structural-adjustment policies had serious implications for the ability of developing countries to carry out development; and also stressed the importance of continuing to implement immediate, effective and durable actions for alleviating the burdens of debt and debt service of the developing countries with debt problems. It contended that a permanent solution to the foreign-debt problem lay in the establishment of a just and equitable international economic order which guaranteed the developing countries, inter alia, better market conditions and commodity prices, stabilization of exchange rates and interest rates, easier access to financial and capital markets, adequate flow financial resources and increased access to new technology from developed countries. Under the resolution the Commission decided to appoint for a three-year term an independent expert on the effects of structural-adjustment policies and foreign debt.
In a consensus resolution on defamation of religions, the Commission expressed concern at negative stereotyping of religions and cited concern that religious belief was sometimes associated with human-rights violations and with terrorism. Among other things, it urged all States to take measures to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by religious intolerance.
In a resolution on advisory services and technical cooperation in the field of human rights, adopted by consensus, the Commission declared that advisory services and technical cooperation, when requested by Governments for the purpose of developing and strengthening 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 the law; and called for a substantial increase in funding for such operations.
The Commission decided to approve and implement comprehensively and in its entirety the report of its inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights, and recommended steps to that effect to the Economic and Social Council, calling upon it, among other things, to endorse a Commission decision to merge the mandates of the independent expert on structural adjustment and the Special Rapporteur on foreign debt, thus creating a post of independent expert on structural adjustment and foreign debt; and to endorse a Commission decision to establish a time limit of two terms of three years for members of special-procedures working groups, as well as for Special Rapporteurs
The Commission also adopted a resolution on protection of United Nations personnel in the field and two decisions related to next year's Commission session.
The Commission will reconvene at 4 p.m. Thursday, 27 April, to act on several remaining draft resolutions before concluding its substantive work for the year. Adjournment of its six-week session is scheduled for Friday, 28 April.
Action on resolutions and decisions
In a resolution on the protection of United Nations personnel (E/CN.4/2000/L.93), adopted without a vote, the Commission called upon all organizations of the United Nations system to report systematically any incident involving the safety and security of staff to the United Nations Security Coordinator so that a comprehensive record may be maintained; also called upon all States to consider promptly signing and acceding to or ratifying the Convention on the Safety of United Nations and Associated Personnel of 9 December 1994, in particular those receiving United Nations operations on their territories; also called upon all States to consider signing, acceding to and ratifying the Rome Statute of the International Criminal Court; and urged all States to take the necessary measures to ensure the full and effective implementation of the relevant principles and rules of international humanitarian law, as well as relevant provisions of human rights law related to the safety and security of United Nations and associated personnel.
It further called upon all States and others concerned to respect and ensure respect for the rights of United Nations premises which were essential to the continuation and successful implementation of United Nations operations; to provide adequate and prompt information concerning the arrest or detention of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation; to grant the representatives of the competent international organization immediate access to such personnel; to allow independent medical teams to investigate the health of detained United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to afford them the necessary medical assistance; and to allow representatives of the competent international organizations to attend hearings involving United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation, provided that such attendance is consistent with domestic law, among other things.
It encouraged all States to contribute to the Trust Fund for Security of personnel of the United Nations system; requested the Secretary-General to take the necessary measures to ensure full respect for the human rights, privileges and immunities of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and, when those human rights, privileges and immunities were violated, to ensure that such personnel were restored to their organizations, and, where appropriate, to seek redress and compensation for the damage caused to them, among other things.
In a resolution on the situation of human rights in Haiti (E/CN.4/2000/L.88), adopted by consensus, the Commission expressed its gratitude to the Secretary-General, his Special Representative for Haiti and the independent expert of the Commission on Human Rights on the situation of human rights in Haiti for their continuing efforts in favour of the consolidation of democratic institutions in Haiti and respect for human rights; commended the United Nations Civilian National Police Mission in Haiti for its successful training and monitoring assistance to the Haitian National Police, as well as the efforts of the joint United Nations/Organization of American States International Civilian Mission in Haiti in monitoring human rights and promoting democratic reforms and assisting the Haitian authorities in the area of institution-building; called upon 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; insisted on the importance, for combatting impunity and for the realization of a genuine and effective process of transition and national reconciliation, of the investigations undertaken by the National Commission for Truth and Justice, and once again strongly urged the Government of Haiti to institute legal proceedings against perpetrators of human-rights violations identified by the National Commission and to create effective facilities for providing support to the victims, in particular women, children and members of their families, and in this specific context reiterated the recommendations contained in the report of the independent expert of the Commission on Human Rights on the situation of human rights in Haiti.
It reiterated its concern over the lack of a functioning Parliament and over the lack of fully independent local government; regretted the continuing delay of the parliamentary elections foreseen initially for 19 March 2000; strongly urged the Government of Haiti to enable the people of Haiti to express their political will through scheduled elections in good conditions of security, as soon as possible, and in that connection urgently called upon the Government of Haiti, in coordination with the Provisional Electoral Council, to hold free, fair and prompt elections, in order to ensure that the Parliament and local government were put in place without delay; deplored the recent increase of acts of violence and urged the Haitian authorities and political leaders to cooperate with a view to putting an end to such violence; called upon the Government of Haiti to investigate properly politically motivated crimes, prosecute perpetrators of such crimes in accordance with Haitian law, take vigorous action to eliminate any continuing human rights violations, including illegal arrests and detentions and the detention by authorities of individuals in violation of court orders for their release, and to ensure due process, including through reasonable time frames.
The Commission called upon the Government of Haiti to comply with its existing obligations under international human-rights law by harmonizing all relevant provisions of Haitian national law with international standards and by continuing to comply with its reporting obligations to treaty-monitoring bodies, in particular the Committee on the Elimination of Discrimination against Women; called upon the Government of Haiti, in cooperation with the International Civilian Support Mission in Haiti, to continue structural reforms in the police and judicial system and the improvement of the prison sector, as a way to reinforce the promotion and protection of human rights; and encouraged the Government of Haiti to promote the rights of children, in particular their right to education.
In a resolution on the situation of human rights in Cambodia (E/CN.4/2000/L.92), adopted by consensus, the Commission noted with concern continued problems related to the rule of law and the functioning of the judiciary, including interference by the executive with the independence of the judiciary, inter alia, re-arrests, and welcomed recent statements by the Government committing itself to judicial reform, the work currently being done to prepare the laws and codes which were essential components of the basic legal framework, meetings of the Supreme Council of Magistracy and the Government’s decision to set up a commission on judicial reform; urged the Government of Cambodia to continue to take the necessary measures to develop an independent, impartial and effective judicial system including through the early adoption of the draft statue on magistrates, a penal code and a code on criminal procedures, and the reform of the administration of justice, and appealed to the international community to assist the Government to this end; commended the initial efforts by the Government of Cambodia with regard to the review and the stated commitment to the downsizing of the police and the military, urged the Government of Cambodia to take further measures to carry out effective reform aimed towards professional and impartial police and military forces, and invited the international community to assist the Government in the end; noted with interest the activities undertaken by the Governmental Cambodian Human Rights Committee, the National Assembly Commission on Human Rights and Reception of Complaints and the Senate Commission on Human Rights and Reception of Complaints, and welcomed preliminary efforts to establish an independent national human-rights commission which should be based on international standards, such as the Principles relating to the status of national institutions for the promotion and protection of human rights ("Paris principles"), and requested the Office of the High Commissioner for Human Rights to provide advice and technical assistance in these efforts. It expressed grave concern about continued violations of human rights, including torture, extrajudicial killings, excessive pre-trial detention, violation of labour rights, illegal confiscation of land and forced relocation, as well as the apparent lack of protection from mob killings as detailed in the reports of the Special Representative, and noted some progress made by the Government of Cambodia in addressing those issues; expressed serious concern about the continued prevalence of impunity in Cambodia; welcomed the investigations into some cases of political motivated violence, while remaining concerned at the continued reports of politically motivated violence and intimidation, and urged the Government to undertake further investigations in line with its stated commitments; reaffirmed that the most serious human-rights violation in Cambodia in recent history had been committed by the Khmer Rouge, welcomed the final collapse of the Khmer Rouge, which had paved the way for the investigation and prosecution of its leaders, and took note with interest of steps taken by the Government of Cambodia to bring to justice the Khmer Rouge leaders most responsible for the most serious violations of human rights; appealed strongly to the Government of Cambodia to ensure that those most responsible for the most serious violations of human rights were brought to account in accordance with international standards of justice, fairness and due process of law.
The Commission noted with serious concern the problem of child labour, called upon the Government of Cambodia to ensure adequate health and safety conditions for children and to outlaw, in particular, the worst forms of child labour, invited the International Labour Office to continue to extend the necessary assistance in this regard and encouraged the Government of Cambodia to consider ratifying Convention No. 182 of the International Labour Organisation; also noted with serious concern the prison conditions in Cambodia, noted with interest some improvements in the prison system and the recent adoption of the Proclamation on Administration of Prisons and Prison Procedures, and commended the continued international assistance to improve the material conditions of detention; urged an end to racial violence against and vilification of ethnic minorities, including the ethnic Vietnamese; expressed grave concern at the devastating consequences and destabilizing effects of the use of anti-personnel land mines on Cambodian society, welcomed the ratification by Cambodia of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction in July 1999; and expressed concern about the large number of small arms in society and commended the efforts by the Government of Cambodia to control the spread of weapons.
MOETSI DUCHATELLIER (Haiti) said the delegation regretted that yet again the restitution of the necessary documents to Haiti stressed by the delegation previously had not been mentioned in the resolution. It was important to note that the topic had only been timidly broached. The recognition of this state of affairs was necessary for Haiti's struggle against impunity.
In a resolution on advisory services and technical cooperation in the field of human rights (E/CN.4/2000/L.98), adopted by consensus, the Commission declared that advisory services and technical cooperation, when requested by Governments for the purpose of developing and strengthening 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 the law; welcomed the increased number of requests for advisory services and technical cooperation in the field of human rights as an expression of the growing commitment of States for promote and protect human rights and fundamental freedoms, and encouraged all States to consider making use of advisory services and technical cooperation in order to achieve the full enjoyment of all human rights; called for a substantial increase in available financial resources, including from voluntary contributions, for advisory services and technical cooperation, which should be managed in a more efficient and coordinated way; encouraged efforts to integrate such programmes in comprehensive programmes economic, social and cultural rights, as well as a clear gender perspective; recognized the usefulness of advisory services and technical cooperation for all countries, and called upon the Office of the High Commissioner for Human Rights to continue to develop the Office's potential for the promotion and protection of all human rights through advisory services and technical cooperation projects and to accord those activities the highest priority; and noted the interdependence between social and economic development, poverty eradication and the promotion and realization of all human rights, and in that regard welcomed the lead role of the High Commissioner in inter-agency coordination in the field of human rights.
In a resolution on assistance to Somalia in the field of human rights (E/CN.4/2000/L.100), adopted by consensus, the Commission welcomed the report of the independent expert on the situation of human rights in Somalia (E/CN.4/2000/110) and the conclusions and recommendations contained therein; the 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, the Movement of Non-Aligned Countries, the countries of the Intergovernmental Authority on Development and the Intergovernmental Authority Partner's Forum in favour of peace, and in particular the recent initiative of the President of Djibouti, aimed at restoring peace, stability and reconstruction of the State in Somalia; the establishment of local administration in areas where peace and stability had been achieved, as well as the role of civil society in this process; and the appointment in October 1999 by the United Nations High Commissioner for Human Rights of an officer for Somalia in the framework of the office of the United Nations Resident Humanitarian Coordinator for Somalia, based in Nairobi; took note of local efforts in Hargeisa to gather information on allegations concerning war crimes and crimes against humanity and of the need for appropriate investigations throughout Somalia in order to bring perpetrators to justice; noted with appreciation the important role of mediation and reconciliation that was and could be played by Somali clan elders, other local leaders and members of civil society at the grass-roots level, and urged all parties involved to renew their efforts; expressed deep concern at reported cases of rape, arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment and violence, in particular against women and children, and at the absence of an effective judicial system, essential to ensure the right to a fair trial in accordance with international standards.
It condemned the widespread violations and abuses of human rights and humanitarian law, in particular against minorities, women and children, as well as forced displacement of civilians; all violations of international humanitarian law, including forced recruitment of children by the militias and acts of violence such as hostage-taking, abduction and murder, particularly of humanitarian relief workers; strongly urged respect for human rights and international humanitarian law pertaining to internal armed conflicts; supported, as recommended by the independent expert, the re-establishment of the rule of law throughout the country, in particular by applying internationally accepted criminal justice standards; called for protection of United Nations personnel, humanitarian relief worker and representatives of non-governmental organizations and of the internal media, and guarantees to all persons involved in humanitarian action of freedom of movement throughout the country; called upon all parties to the conflict in Somalia to respond positively to peace initiatives; for subregional, regional and international organizations and concerned countries to continue and intensify the coordinated efforts aimed at facilitating the national reconciliation process in Somalia, aware of the fact that the peaceful coexistence of all parties and groups was an important foundation for the respect of human rights; called for individual donor countries, international organizations and non-governmental organizations further to incorporate human rights principles and objectives in the humanitarian and development work they carried out in Somalia and to cooperate with the independent expert; called for the international community to provide continuing and increased assistance in response to the United Nations appeals for relief, rehabilitation and reconstruction efforts in all regions of Somalia, including those aimed at the strengthening of civil society, encouraging governance and the re-establishment of the rule of law, and to support the activities of the Office of the High Commissioner for Human Rights concerning Somalia; and decided to extend the mandate of the independent expert on the situation of human rights in Somalia for a further year.
AUDREY GLOVER (the United Kingdom) said the United Kingdom's position in relation to resolution L.97 was clear as it had been actively participating in the negotiations on the resolution and was a leading contributor to the Office of the High Commissioner. However, members were asked to refer to previously made statements with regard to United Kingdom's reservation as to operative paragraph 11 concerning the strengthening of the Office.
In a measure (E/CN.4/2000/101) proposed by the Chairman, the Commission decided to approve and implement comprehensively and in its entirety the report of the inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights, and recommended steps to that effect to the Economic and Social Council, calling upon it, among other things, to endorse a Commission decision to merge the mandates of the independent expert on structural adjustment and the Special Rapporteur on foreign debt, thus creating a post of independent expert on structural adjustment and foreign debt; to endorse a Commission decision to establish a time limit of two terms of three years for members of special procedures working groups, as well as for Special Rapporteurs, allowing for transitional steps to that end for two working groups, on arbitrary detention and enforced or involuntary disappearances; to endorse a Commission decision to reduce the duration of the annual meeting of the working group on contemporary forms of slavery of the Subcommission on the Protection and Promotion of Human Rights to five working days from the present eight days; and to approve a draft resolution that would endorse review of the 1503 procedure of confidential consideration of alleged human-rights violations in countries and would endorse various reforms to Commission operations on communications related to the 1503 procedure.
JOHN LONG (the United States) said the US expressed its appreciation to members of the Working Group on reform of mechanisms. These reforms were an indication of the Commission's ability to ensure the recognition of international human-rights standards around the world.
In a decision proposed by the Chairperson (E/CN.4/2000/L.102), the Commission decided, pending adoption by ECOSOC of a draft resolution entitled "Procedure for dealing with communications concerning human rights", that those communications and the replies thereto on which the Subcommission on the Promotion and Protection of Human Rights at its fifty-first session decided to defer action to its next session should be referred back to the Working Group on Communications and that those communications and replies should be examined by the Working Group on Communications at its next annual session, immediately following the fifty-second session on the Subcommission, with a view to determining whether or not they should be brought to the attention of the Working Group on Situations in accordance with paragraph 2 of the draft resolution.
In a resolution on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights (E/CN.4/2000/L.20), adopted by a roll-call vote of 30 in favour and 15 opposed, with 7 abstentions, the Commission stressed that the structural-adjustment policies had serious implications for the ability of the developing countries to abide by the Declaration of the Right to Development and to formulate national development policies that would aim to improve the economic, social and cultural rights of their citizens; and also stressed the importance of continuing to implement immediate, effective and durable actions for alleviating the burdens of debt and debt service of the developing countries with debt problems, in the framework of the realization of economic, social and cultural rights.
The Commission affirmed that the permanent solution to the foreign debt problem lay in the establishment of a just and equitable international economic order which guaranteed the developing countries, inter alia, better market conditions and commodity prices, stabilization of exchange rates and interest rates, easier access to financial and capital markets, adequate flow of new financial resources and easier access to the technology of the developed countries. It stressed the need for the economic programmes arising from foreign debt to take account of the specific characteristics, conditions and needs of the debtor countries and the need to incorporate the social dimension of development; and it affirmed that the exercise of the basic rights of the people of debtor countries to food, housing, clothing, employment, education, health services and a healthy environment could not be subordinated to the implementation of structural-adjustment policies and economic reforms arising from debt.
The Commission decided to appoint an independent expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, for a period of three years. It decided to discontinue the mandate of the Special Rapporteur on the effects of the foreign debt on the full enjoyment of economic, social and cultural rights; and the independent expert on structural adjustment policies, while deciding on the appointment of Fantu Cheru as independent expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, in order to take advantage of his expertise in that matter.
It called upon Governments, international organizations and international financial institutions, as well as non-governmental organizations and the private sector, to take appropriate measures and action for the implementation of the commitments, agreements and decisions of the major United Nations conferences and summits organized since the beginning of the 1990s on development related to the question of external debt; and also called upon them to consider the possibility of cancelling or reducing significantly the debt of the heavily indebted poor countries, giving priority to countries emerging from devastating civil wars or that had been devastated by natural disasters.
The above resolution was approved by a roll-call vote of 30 in favour to 15 against and 7 abstaining following a roll-call vote in which a proposed amendment to remove the name of the independent was defeated by a count of 13 in favour and 17 against, with 4 abstentions. The result of the vote on the whole text was as follows:
In favour: Bangladesh, Bhutan, Botswana, Brazil, Burundi, China, Congo, Cuba, Ecuador, El Salvador, Guatemala, India, Indonesia, Madagascar, Mauritius, Morocco, Nepal, Niger, Nigeria, Pakistan, Philippines, Qatar, Rwanda, Senegal, Sri Lanka, Sudan, Swaziland, Tunisia, Venezuela and Zambia.
Against: Canada, Czech Republic, France, Germany, Italy, Japan, Latvia, Luxembourg, Norway, Poland, Portugal, Romania, Spain, the United Kingdom, and the United States.
Abstentions: Argentina, Chile, Colombia, Mexico, Peru, Republic of Korea and Russian Federation.
SALINAS (Chile) proposed a minor amendment to paragraph 13 of draft resolution L.20. Chile requested that the name of the independent expert, to be appointed for three years, should not be mentioned in the resolution.
JORGE FERRER RODRIGUEZ (Cuba) said the delegation was surprised by the Chilean delegation's suggestion of an amendment, especially in view of the great number of co-sponsors. During the discussions on the draft resolution it had been clear that it would be a shame to cast aside the valuable work of the Special Rapporteur on external debt when reviewing the mandates. His contribution should be maintained as should paragraph 13 of the draft resolution.
LUIS CHAVEZ (Peru) said Peru would vote against the amendment brought by Chile as the delegation of Peru objected to the principle and considered the Commission had all the faculties necessary to mention a person by name as an expert. The delegation of Peru wanted to defend that principle and vote against the amendment even though the country would vote against the resolution as a whole.
AUDREY GLOVER (the United Kingdom) said the United Kingdom supported the Chilean proposal because the text as it now stood created a dangerous precedent and took away the prerogative of the Chair to appoint Special Rapporteurs.
ALVARO MENDONCA E MOURA (Portugal), speaking on behalf of the European Union, said the EU regretted that the problem concerning the amendment proposed by Chile to L.20 had not been overcome. The EU supported the amendment proposed by Chile and stressed that this support had nothing against the person in question.
LUIS PADILLA MENENDEZ (Guatemala) said Guatemala had repeated several times in different consultations that it welcomed the good, positive, specific ways in which the Rapporteurs on structural adjustment and external debt had carried out their work and had proposed solutions to their respective problems. When budgets were cut to bring about balance, it was very often the social programmes of developing countries that were worst hit. Guatemala had nothing against structural adjustment or inflation control, but it was concerned that these measures could affect economic and social rights. The draft resolution had proposals for debt alleviation and countries afflicted by natural disasters. It was for these reasons and not reasons of precedence about including names of Special Rapporteurs, which had been done before, that Guatemala would vote against the Chilean amendment.
MUNIR AKRAM (Pakistan) said Pakistan would vote against the Chilean amendment. First, the Special Rapporteur was an excellent choice and his appointment was supported. Second, there were numerous precedents of the Commission naming names in resolutions. Third, none of the prerogatives of the Chairman would be taken away. The prerogatives of the Chairman flowed from the aspirations of the Commission and hence the Chairperson was acting on behalf of the Commission. Finally, this proposal to delete the name of a person who had served the Commission well would set an inappropriate precedent. If the delegation of Chile did not withdraw its amendment, the delegation of Pakistan would be forced to vote against it.
SUSAN ECKEY (Norway) said it would vote in favour of the Chilean amendment to L.20 for reasons already stated by other delegations.
KOICHI HARAGUCHI (Japan) said Japan was well aware of the burden of foreign debt on the development of heavily indebted countries. This was why the G-7, including Japan, had decided last year on the least-developed countries (LDC) initiative. Japan did not believe that the working group of the Commission or its independent experts were the appropriate bodies for taking up the issue, which should be addressed by the World Bank and IMF. For this reason, Japan would vote against L.20.
MARTIN HUTH (Germany) said the Commission had in fact just voted to discontinue two mandates, create a new mandate, and appoint one individual. In doing so the Commission had blocked approximately 200 members from submitting suggestions for candidates. This was not democratic and not in the spirit of the United Nations.
In a measure on the work of the Subcommission on the Promotion and Protection of Human Rights (E/CN.4/2000/L.77), adopted without vote, the Commission reaffirmed its recognition of the valuable contribution made by the Subcommission to the human rights work of the United Nations over the past fifty-three years, the need for clarification and adjustment of the mandate of the Subcommission, and decided that, pending consideration and approval of the Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights under item 20 of its agenda and appropriate endorsement by the Economic and Social Council at its next session, the issue of work of the Subcommission would be considered again at its fifty-seventh session under the relevant agenda item.
In a resolution on defamation of religions (E/CN.4/2000/L.6), adopted without a vote, the Commission expressed concern at negative stereotyping of religions; also expressed concern that religious belief was sometimes associated with human-rights violations and with terrorism; expressed its concern at any role in which the print, audio-visual or electronic media or any other means was used to incite acts of violence and discrimination towards any religion; and urged all States to take all appropriate measures to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by religious intolerance, including attacks on religious places, and to encourage understanding, tolerance and respect in matters relating to freedom of religion or belief. It invited governments, inter-governmental and regional organizations to provide their views on the religious perspectives of combatting racism to the Secretary-General of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance and invited her to present those inputs to the World Conference on Racism through its preparatory process. It called for the Special Rapporteur on religious intolerance and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to take into account the provisions of the present resolution when reporting to the Commission.
ALVARO MENDONCA E MOURA (Portugal), speaking on behalf of the European Union, said last year the EU had joined consensus on a resolution also entitled defamation of religions. The issue remained sensitive and a high degree of uncertainty remained on whether it should be addressed by the Commission. The EU felt that maintaining this kind of resolution on the Commission's agenda would continue to engage the Commission in discussions which would distract it from its duty of promoting freedom of all religions. This was because the resolution focused only on one religion, namely Islam. The EU would vote in favour of draft resolution L.6 but urged its cosponsors not to raise the subject again in the Commission. Finally, the EU wished to stress the importance of the participation of NGOs in the World Conference against Racism.
SHARAT SABHARWAL (India) said India attached high priority to religious tolerance and respect. Every major religion of the world was represented in India. Last year, India had stated its unequivocal objection to any discrimination based on religion. A terrorist had no religion except that of hatred. However, at the same time, the delegation of India did not agree with self-serving attempts to spread religious beliefs. The eradication of discrimination based on religion could best be achieved though the promotion of education. The delegation of India had three concerns with the draft resolution: the issue of abuse of freedom of expression, that defamation of religion was not limited to one religion, and that discrimination was prevalent in the whole world and certainly not limited to Islam.
In a measure related to the dates of the fifty-seventh session of the Commission, the Commission, recalling ECOSOC decision 1994/297 of 29 July 1994 and bearing in mind Council decision 11995/296 of 25 July 1995, decided, without a vote, that the fifty-seventh session of the Commission should take place from 19 March to 27 April 2001.
In measure on the organization of the work of the fifty-seventh session of the Commission, the Commission, taking into account its heavy schedule of work, decided, without a vote, to recommend to the Economic and Social Council that it authorize, if possible from within existing financial resources, 30 fully serviced additional meetings, including summary records, in accordance with rules 29 and 31 of the rules of procedure of the functional commissions of the Economic and Social Council, for the Commission's fifty-seventh session; and to request the Chairperson of the fifty-seventh session of the Commission to make every effort to organize the work of the session within the times normally allotted, so that the additional meetings that the Council might authorize would be utilized only if they proved to be absolutely necessary.
* *** *
56th session
26 April 2000
Evening
Also Approves Texts on Structural Adjustment and Foreign Debt, Defamation
of Religions, Advisory Services, Reform of Commission Mechanisms
The Commission on Human Rights approved consensus resolutions this evening welcoming progress but also citing concerns over human-rights situations in Haiti, Cambodia, and Somalia. The measures were adopted under the Commission's agenda item on advisory services and technical cooperation in the field of human rights.
The resolution on Haiti insisted, among other things, on the importance -- for combatting impunity and for the realization of a genuine and effective process of transition and national reconciliation -- of the investigations undertaken by Haiti's National Commission for Truth and Justice, and once again strongly urged the Government of Haiti to institute legal proceedings against perpetrators of human-rights violations identified by the National Commission and to create effective facilities for providing support to the victims, in particular women, children and members of their families.
The measure on Cambodia expressed grave concern about continued violations of human rights, including torture, extrajudicial killings, excessive pre-trial detention, violation of labour rights, illegal confiscation of land and forced relocation, and the apparent lack of protection from mob killings, and noted some progress made by the Government of Cambodia in addressing those issues. It expressed concerns over problems with administration of justice in the country but welcomed some reforms undertaken, and noted as positive the establishment of institutions for the protection and promotion of human rights in the country.
The resolution on Somalia welcomed progress in establishing peace, security, and local administration in some regions of Somalia, but expressed deep concern at reported cases of rape, arbitrary and summary executions, torture and other cruel punishment and violence, in particular against women and children, and expressed concern at the absence of an effective judicial system. The Commission decided to extend the mandate of its independent expert on the situation of human rights in Somalia for a further year
Several other resolutions were adopted before the Commission adjourned shortly before 9 p.m.
In a resolution on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, adopted by a roll-call vote of 30 in favour and 15 opposed, with 7 abstentions, the Commission stressed that structural-adjustment policies had serious implications for the ability of developing countries to carry out development; and also stressed the importance of continuing to implement immediate, effective and durable actions for alleviating the burdens of debt and debt service of the developing countries with debt problems. It contended that a permanent solution to the foreign-debt problem lay in the establishment of a just and equitable international economic order which guaranteed the developing countries, inter alia, better market conditions and commodity prices, stabilization of exchange rates and interest rates, easier access to financial and capital markets, adequate flow financial resources and increased access to new technology from developed countries. Under the resolution the Commission decided to appoint for a three-year term an independent expert on the effects of structural-adjustment policies and foreign debt.
In a consensus resolution on defamation of religions, the Commission expressed concern at negative stereotyping of religions and cited concern that religious belief was sometimes associated with human-rights violations and with terrorism. Among other things, it urged all States to take measures to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by religious intolerance.
In a resolution on advisory services and technical cooperation in the field of human rights, adopted by consensus, the Commission declared that advisory services and technical cooperation, when requested by Governments for the purpose of developing and strengthening 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 the law; and called for a substantial increase in funding for such operations.
The Commission decided to approve and implement comprehensively and in its entirety the report of its inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights, and recommended steps to that effect to the Economic and Social Council, calling upon it, among other things, to endorse a Commission decision to merge the mandates of the independent expert on structural adjustment and the Special Rapporteur on foreign debt, thus creating a post of independent expert on structural adjustment and foreign debt; and to endorse a Commission decision to establish a time limit of two terms of three years for members of special-procedures working groups, as well as for Special Rapporteurs
The Commission also adopted a resolution on protection of United Nations personnel in the field and two decisions related to next year's Commission session.
The Commission will reconvene at 4 p.m. Thursday, 27 April, to act on several remaining draft resolutions before concluding its substantive work for the year. Adjournment of its six-week session is scheduled for Friday, 28 April.
Action on resolutions and decisions
In a resolution on the protection of United Nations personnel (E/CN.4/2000/L.93), adopted without a vote, the Commission called upon all organizations of the United Nations system to report systematically any incident involving the safety and security of staff to the United Nations Security Coordinator so that a comprehensive record may be maintained; also called upon all States to consider promptly signing and acceding to or ratifying the Convention on the Safety of United Nations and Associated Personnel of 9 December 1994, in particular those receiving United Nations operations on their territories; also called upon all States to consider signing, acceding to and ratifying the Rome Statute of the International Criminal Court; and urged all States to take the necessary measures to ensure the full and effective implementation of the relevant principles and rules of international humanitarian law, as well as relevant provisions of human rights law related to the safety and security of United Nations and associated personnel.
It further called upon all States and others concerned to respect and ensure respect for the rights of United Nations premises which were essential to the continuation and successful implementation of United Nations operations; to provide adequate and prompt information concerning the arrest or detention of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation; to grant the representatives of the competent international organization immediate access to such personnel; to allow independent medical teams to investigate the health of detained United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to afford them the necessary medical assistance; and to allow representatives of the competent international organizations to attend hearings involving United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation, provided that such attendance is consistent with domestic law, among other things.
It encouraged all States to contribute to the Trust Fund for Security of personnel of the United Nations system; requested the Secretary-General to take the necessary measures to ensure full respect for the human rights, privileges and immunities of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and, when those human rights, privileges and immunities were violated, to ensure that such personnel were restored to their organizations, and, where appropriate, to seek redress and compensation for the damage caused to them, among other things.
In a resolution on the situation of human rights in Haiti (E/CN.4/2000/L.88), adopted by consensus, the Commission expressed its gratitude to the Secretary-General, his Special Representative for Haiti and the independent expert of the Commission on Human Rights on the situation of human rights in Haiti for their continuing efforts in favour of the consolidation of democratic institutions in Haiti and respect for human rights; commended the United Nations Civilian National Police Mission in Haiti for its successful training and monitoring assistance to the Haitian National Police, as well as the efforts of the joint United Nations/Organization of American States International Civilian Mission in Haiti in monitoring human rights and promoting democratic reforms and assisting the Haitian authorities in the area of institution-building; called upon 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; insisted on the importance, for combatting impunity and for the realization of a genuine and effective process of transition and national reconciliation, of the investigations undertaken by the National Commission for Truth and Justice, and once again strongly urged the Government of Haiti to institute legal proceedings against perpetrators of human-rights violations identified by the National Commission and to create effective facilities for providing support to the victims, in particular women, children and members of their families, and in this specific context reiterated the recommendations contained in the report of the independent expert of the Commission on Human Rights on the situation of human rights in Haiti.
It reiterated its concern over the lack of a functioning Parliament and over the lack of fully independent local government; regretted the continuing delay of the parliamentary elections foreseen initially for 19 March 2000; strongly urged the Government of Haiti to enable the people of Haiti to express their political will through scheduled elections in good conditions of security, as soon as possible, and in that connection urgently called upon the Government of Haiti, in coordination with the Provisional Electoral Council, to hold free, fair and prompt elections, in order to ensure that the Parliament and local government were put in place without delay; deplored the recent increase of acts of violence and urged the Haitian authorities and political leaders to cooperate with a view to putting an end to such violence; called upon the Government of Haiti to investigate properly politically motivated crimes, prosecute perpetrators of such crimes in accordance with Haitian law, take vigorous action to eliminate any continuing human rights violations, including illegal arrests and detentions and the detention by authorities of individuals in violation of court orders for their release, and to ensure due process, including through reasonable time frames.
The Commission called upon the Government of Haiti to comply with its existing obligations under international human-rights law by harmonizing all relevant provisions of Haitian national law with international standards and by continuing to comply with its reporting obligations to treaty-monitoring bodies, in particular the Committee on the Elimination of Discrimination against Women; called upon the Government of Haiti, in cooperation with the International Civilian Support Mission in Haiti, to continue structural reforms in the police and judicial system and the improvement of the prison sector, as a way to reinforce the promotion and protection of human rights; and encouraged the Government of Haiti to promote the rights of children, in particular their right to education.
In a resolution on the situation of human rights in Cambodia (E/CN.4/2000/L.92), adopted by consensus, the Commission noted with concern continued problems related to the rule of law and the functioning of the judiciary, including interference by the executive with the independence of the judiciary, inter alia, re-arrests, and welcomed recent statements by the Government committing itself to judicial reform, the work currently being done to prepare the laws and codes which were essential components of the basic legal framework, meetings of the Supreme Council of Magistracy and the Government’s decision to set up a commission on judicial reform; urged the Government of Cambodia to continue to take the necessary measures to develop an independent, impartial and effective judicial system including through the early adoption of the draft statue on magistrates, a penal code and a code on criminal procedures, and the reform of the administration of justice, and appealed to the international community to assist the Government to this end; commended the initial efforts by the Government of Cambodia with regard to the review and the stated commitment to the downsizing of the police and the military, urged the Government of Cambodia to take further measures to carry out effective reform aimed towards professional and impartial police and military forces, and invited the international community to assist the Government in the end; noted with interest the activities undertaken by the Governmental Cambodian Human Rights Committee, the National Assembly Commission on Human Rights and Reception of Complaints and the Senate Commission on Human Rights and Reception of Complaints, and welcomed preliminary efforts to establish an independent national human-rights commission which should be based on international standards, such as the Principles relating to the status of national institutions for the promotion and protection of human rights ("Paris principles"), and requested the Office of the High Commissioner for Human Rights to provide advice and technical assistance in these efforts. It expressed grave concern about continued violations of human rights, including torture, extrajudicial killings, excessive pre-trial detention, violation of labour rights, illegal confiscation of land and forced relocation, as well as the apparent lack of protection from mob killings as detailed in the reports of the Special Representative, and noted some progress made by the Government of Cambodia in addressing those issues; expressed serious concern about the continued prevalence of impunity in Cambodia; welcomed the investigations into some cases of political motivated violence, while remaining concerned at the continued reports of politically motivated violence and intimidation, and urged the Government to undertake further investigations in line with its stated commitments; reaffirmed that the most serious human-rights violation in Cambodia in recent history had been committed by the Khmer Rouge, welcomed the final collapse of the Khmer Rouge, which had paved the way for the investigation and prosecution of its leaders, and took note with interest of steps taken by the Government of Cambodia to bring to justice the Khmer Rouge leaders most responsible for the most serious violations of human rights; appealed strongly to the Government of Cambodia to ensure that those most responsible for the most serious violations of human rights were brought to account in accordance with international standards of justice, fairness and due process of law.
The Commission noted with serious concern the problem of child labour, called upon the Government of Cambodia to ensure adequate health and safety conditions for children and to outlaw, in particular, the worst forms of child labour, invited the International Labour Office to continue to extend the necessary assistance in this regard and encouraged the Government of Cambodia to consider ratifying Convention No. 182 of the International Labour Organisation; also noted with serious concern the prison conditions in Cambodia, noted with interest some improvements in the prison system and the recent adoption of the Proclamation on Administration of Prisons and Prison Procedures, and commended the continued international assistance to improve the material conditions of detention; urged an end to racial violence against and vilification of ethnic minorities, including the ethnic Vietnamese; expressed grave concern at the devastating consequences and destabilizing effects of the use of anti-personnel land mines on Cambodian society, welcomed the ratification by Cambodia of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction in July 1999; and expressed concern about the large number of small arms in society and commended the efforts by the Government of Cambodia to control the spread of weapons.
MOETSI DUCHATELLIER (Haiti) said the delegation regretted that yet again the restitution of the necessary documents to Haiti stressed by the delegation previously had not been mentioned in the resolution. It was important to note that the topic had only been timidly broached. The recognition of this state of affairs was necessary for Haiti's struggle against impunity.
In a resolution on advisory services and technical cooperation in the field of human rights (E/CN.4/2000/L.98), adopted by consensus, the Commission declared that advisory services and technical cooperation, when requested by Governments for the purpose of developing and strengthening 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 the law; welcomed the increased number of requests for advisory services and technical cooperation in the field of human rights as an expression of the growing commitment of States for promote and protect human rights and fundamental freedoms, and encouraged all States to consider making use of advisory services and technical cooperation in order to achieve the full enjoyment of all human rights; called for a substantial increase in available financial resources, including from voluntary contributions, for advisory services and technical cooperation, which should be managed in a more efficient and coordinated way; encouraged efforts to integrate such programmes in comprehensive programmes economic, social and cultural rights, as well as a clear gender perspective; recognized the usefulness of advisory services and technical cooperation for all countries, and called upon the Office of the High Commissioner for Human Rights to continue to develop the Office's potential for the promotion and protection of all human rights through advisory services and technical cooperation projects and to accord those activities the highest priority; and noted the interdependence between social and economic development, poverty eradication and the promotion and realization of all human rights, and in that regard welcomed the lead role of the High Commissioner in inter-agency coordination in the field of human rights.
In a resolution on assistance to Somalia in the field of human rights (E/CN.4/2000/L.100), adopted by consensus, the Commission welcomed the report of the independent expert on the situation of human rights in Somalia (E/CN.4/2000/110) and the conclusions and recommendations contained therein; the 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, the Movement of Non-Aligned Countries, the countries of the Intergovernmental Authority on Development and the Intergovernmental Authority Partner's Forum in favour of peace, and in particular the recent initiative of the President of Djibouti, aimed at restoring peace, stability and reconstruction of the State in Somalia; the establishment of local administration in areas where peace and stability had been achieved, as well as the role of civil society in this process; and the appointment in October 1999 by the United Nations High Commissioner for Human Rights of an officer for Somalia in the framework of the office of the United Nations Resident Humanitarian Coordinator for Somalia, based in Nairobi; took note of local efforts in Hargeisa to gather information on allegations concerning war crimes and crimes against humanity and of the need for appropriate investigations throughout Somalia in order to bring perpetrators to justice; noted with appreciation the important role of mediation and reconciliation that was and could be played by Somali clan elders, other local leaders and members of civil society at the grass-roots level, and urged all parties involved to renew their efforts; expressed deep concern at reported cases of rape, arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment and violence, in particular against women and children, and at the absence of an effective judicial system, essential to ensure the right to a fair trial in accordance with international standards.
It condemned the widespread violations and abuses of human rights and humanitarian law, in particular against minorities, women and children, as well as forced displacement of civilians; all violations of international humanitarian law, including forced recruitment of children by the militias and acts of violence such as hostage-taking, abduction and murder, particularly of humanitarian relief workers; strongly urged respect for human rights and international humanitarian law pertaining to internal armed conflicts; supported, as recommended by the independent expert, the re-establishment of the rule of law throughout the country, in particular by applying internationally accepted criminal justice standards; called for protection of United Nations personnel, humanitarian relief worker and representatives of non-governmental organizations and of the internal media, and guarantees to all persons involved in humanitarian action of freedom of movement throughout the country; called upon all parties to the conflict in Somalia to respond positively to peace initiatives; for subregional, regional and international organizations and concerned countries to continue and intensify the coordinated efforts aimed at facilitating the national reconciliation process in Somalia, aware of the fact that the peaceful coexistence of all parties and groups was an important foundation for the respect of human rights; called for individual donor countries, international organizations and non-governmental organizations further to incorporate human rights principles and objectives in the humanitarian and development work they carried out in Somalia and to cooperate with the independent expert; called for the international community to provide continuing and increased assistance in response to the United Nations appeals for relief, rehabilitation and reconstruction efforts in all regions of Somalia, including those aimed at the strengthening of civil society, encouraging governance and the re-establishment of the rule of law, and to support the activities of the Office of the High Commissioner for Human Rights concerning Somalia; and decided to extend the mandate of the independent expert on the situation of human rights in Somalia for a further year.
AUDREY GLOVER (the United Kingdom) said the United Kingdom's position in relation to resolution L.97 was clear as it had been actively participating in the negotiations on the resolution and was a leading contributor to the Office of the High Commissioner. However, members were asked to refer to previously made statements with regard to United Kingdom's reservation as to operative paragraph 11 concerning the strengthening of the Office.
In a measure (E/CN.4/2000/101) proposed by the Chairman, the Commission decided to approve and implement comprehensively and in its entirety the report of the inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights, and recommended steps to that effect to the Economic and Social Council, calling upon it, among other things, to endorse a Commission decision to merge the mandates of the independent expert on structural adjustment and the Special Rapporteur on foreign debt, thus creating a post of independent expert on structural adjustment and foreign debt; to endorse a Commission decision to establish a time limit of two terms of three years for members of special procedures working groups, as well as for Special Rapporteurs, allowing for transitional steps to that end for two working groups, on arbitrary detention and enforced or involuntary disappearances; to endorse a Commission decision to reduce the duration of the annual meeting of the working group on contemporary forms of slavery of the Subcommission on the Protection and Promotion of Human Rights to five working days from the present eight days; and to approve a draft resolution that would endorse review of the 1503 procedure of confidential consideration of alleged human-rights violations in countries and would endorse various reforms to Commission operations on communications related to the 1503 procedure.
JOHN LONG (the United States) said the US expressed its appreciation to members of the Working Group on reform of mechanisms. These reforms were an indication of the Commission's ability to ensure the recognition of international human-rights standards around the world.
In a decision proposed by the Chairperson (E/CN.4/2000/L.102), the Commission decided, pending adoption by ECOSOC of a draft resolution entitled "Procedure for dealing with communications concerning human rights", that those communications and the replies thereto on which the Subcommission on the Promotion and Protection of Human Rights at its fifty-first session decided to defer action to its next session should be referred back to the Working Group on Communications and that those communications and replies should be examined by the Working Group on Communications at its next annual session, immediately following the fifty-second session on the Subcommission, with a view to determining whether or not they should be brought to the attention of the Working Group on Situations in accordance with paragraph 2 of the draft resolution.
In a resolution on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights (E/CN.4/2000/L.20), adopted by a roll-call vote of 30 in favour and 15 opposed, with 7 abstentions, the Commission stressed that the structural-adjustment policies had serious implications for the ability of the developing countries to abide by the Declaration of the Right to Development and to formulate national development policies that would aim to improve the economic, social and cultural rights of their citizens; and also stressed the importance of continuing to implement immediate, effective and durable actions for alleviating the burdens of debt and debt service of the developing countries with debt problems, in the framework of the realization of economic, social and cultural rights.
The Commission affirmed that the permanent solution to the foreign debt problem lay in the establishment of a just and equitable international economic order which guaranteed the developing countries, inter alia, better market conditions and commodity prices, stabilization of exchange rates and interest rates, easier access to financial and capital markets, adequate flow of new financial resources and easier access to the technology of the developed countries. It stressed the need for the economic programmes arising from foreign debt to take account of the specific characteristics, conditions and needs of the debtor countries and the need to incorporate the social dimension of development; and it affirmed that the exercise of the basic rights of the people of debtor countries to food, housing, clothing, employment, education, health services and a healthy environment could not be subordinated to the implementation of structural-adjustment policies and economic reforms arising from debt.
The Commission decided to appoint an independent expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, for a period of three years. It decided to discontinue the mandate of the Special Rapporteur on the effects of the foreign debt on the full enjoyment of economic, social and cultural rights; and the independent expert on structural adjustment policies, while deciding on the appointment of Fantu Cheru as independent expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, in order to take advantage of his expertise in that matter.
It called upon Governments, international organizations and international financial institutions, as well as non-governmental organizations and the private sector, to take appropriate measures and action for the implementation of the commitments, agreements and decisions of the major United Nations conferences and summits organized since the beginning of the 1990s on development related to the question of external debt; and also called upon them to consider the possibility of cancelling or reducing significantly the debt of the heavily indebted poor countries, giving priority to countries emerging from devastating civil wars or that had been devastated by natural disasters.
The above resolution was approved by a roll-call vote of 30 in favour to 15 against and 7 abstaining following a roll-call vote in which a proposed amendment to remove the name of the independent was defeated by a count of 13 in favour and 17 against, with 4 abstentions. The result of the vote on the whole text was as follows:
In favour: Bangladesh, Bhutan, Botswana, Brazil, Burundi, China, Congo, Cuba, Ecuador, El Salvador, Guatemala, India, Indonesia, Madagascar, Mauritius, Morocco, Nepal, Niger, Nigeria, Pakistan, Philippines, Qatar, Rwanda, Senegal, Sri Lanka, Sudan, Swaziland, Tunisia, Venezuela and Zambia.
Against: Canada, Czech Republic, France, Germany, Italy, Japan, Latvia, Luxembourg, Norway, Poland, Portugal, Romania, Spain, the United Kingdom, and the United States.
Abstentions: Argentina, Chile, Colombia, Mexico, Peru, Republic of Korea and Russian Federation.
SALINAS (Chile) proposed a minor amendment to paragraph 13 of draft resolution L.20. Chile requested that the name of the independent expert, to be appointed for three years, should not be mentioned in the resolution.
JORGE FERRER RODRIGUEZ (Cuba) said the delegation was surprised by the Chilean delegation's suggestion of an amendment, especially in view of the great number of co-sponsors. During the discussions on the draft resolution it had been clear that it would be a shame to cast aside the valuable work of the Special Rapporteur on external debt when reviewing the mandates. His contribution should be maintained as should paragraph 13 of the draft resolution.
LUIS CHAVEZ (Peru) said Peru would vote against the amendment brought by Chile as the delegation of Peru objected to the principle and considered the Commission had all the faculties necessary to mention a person by name as an expert. The delegation of Peru wanted to defend that principle and vote against the amendment even though the country would vote against the resolution as a whole.
AUDREY GLOVER (the United Kingdom) said the United Kingdom supported the Chilean proposal because the text as it now stood created a dangerous precedent and took away the prerogative of the Chair to appoint Special Rapporteurs.
ALVARO MENDONCA E MOURA (Portugal), speaking on behalf of the European Union, said the EU regretted that the problem concerning the amendment proposed by Chile to L.20 had not been overcome. The EU supported the amendment proposed by Chile and stressed that this support had nothing against the person in question.
LUIS PADILLA MENENDEZ (Guatemala) said Guatemala had repeated several times in different consultations that it welcomed the good, positive, specific ways in which the Rapporteurs on structural adjustment and external debt had carried out their work and had proposed solutions to their respective problems. When budgets were cut to bring about balance, it was very often the social programmes of developing countries that were worst hit. Guatemala had nothing against structural adjustment or inflation control, but it was concerned that these measures could affect economic and social rights. The draft resolution had proposals for debt alleviation and countries afflicted by natural disasters. It was for these reasons and not reasons of precedence about including names of Special Rapporteurs, which had been done before, that Guatemala would vote against the Chilean amendment.
MUNIR AKRAM (Pakistan) said Pakistan would vote against the Chilean amendment. First, the Special Rapporteur was an excellent choice and his appointment was supported. Second, there were numerous precedents of the Commission naming names in resolutions. Third, none of the prerogatives of the Chairman would be taken away. The prerogatives of the Chairman flowed from the aspirations of the Commission and hence the Chairperson was acting on behalf of the Commission. Finally, this proposal to delete the name of a person who had served the Commission well would set an inappropriate precedent. If the delegation of Chile did not withdraw its amendment, the delegation of Pakistan would be forced to vote against it.
SUSAN ECKEY (Norway) said it would vote in favour of the Chilean amendment to L.20 for reasons already stated by other delegations.
KOICHI HARAGUCHI (Japan) said Japan was well aware of the burden of foreign debt on the development of heavily indebted countries. This was why the G-7, including Japan, had decided last year on the least-developed countries (LDC) initiative. Japan did not believe that the working group of the Commission or its independent experts were the appropriate bodies for taking up the issue, which should be addressed by the World Bank and IMF. For this reason, Japan would vote against L.20.
MARTIN HUTH (Germany) said the Commission had in fact just voted to discontinue two mandates, create a new mandate, and appoint one individual. In doing so the Commission had blocked approximately 200 members from submitting suggestions for candidates. This was not democratic and not in the spirit of the United Nations.
In a measure on the work of the Subcommission on the Promotion and Protection of Human Rights (E/CN.4/2000/L.77), adopted without vote, the Commission reaffirmed its recognition of the valuable contribution made by the Subcommission to the human rights work of the United Nations over the past fifty-three years, the need for clarification and adjustment of the mandate of the Subcommission, and decided that, pending consideration and approval of the Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights under item 20 of its agenda and appropriate endorsement by the Economic and Social Council at its next session, the issue of work of the Subcommission would be considered again at its fifty-seventh session under the relevant agenda item.
In a resolution on defamation of religions (E/CN.4/2000/L.6), adopted without a vote, the Commission expressed concern at negative stereotyping of religions; also expressed concern that religious belief was sometimes associated with human-rights violations and with terrorism; expressed its concern at any role in which the print, audio-visual or electronic media or any other means was used to incite acts of violence and discrimination towards any religion; and urged all States to take all appropriate measures to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by religious intolerance, including attacks on religious places, and to encourage understanding, tolerance and respect in matters relating to freedom of religion or belief. It invited governments, inter-governmental and regional organizations to provide their views on the religious perspectives of combatting racism to the Secretary-General of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance and invited her to present those inputs to the World Conference on Racism through its preparatory process. It called for the Special Rapporteur on religious intolerance and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to take into account the provisions of the present resolution when reporting to the Commission.
ALVARO MENDONCA E MOURA (Portugal), speaking on behalf of the European Union, said last year the EU had joined consensus on a resolution also entitled defamation of religions. The issue remained sensitive and a high degree of uncertainty remained on whether it should be addressed by the Commission. The EU felt that maintaining this kind of resolution on the Commission's agenda would continue to engage the Commission in discussions which would distract it from its duty of promoting freedom of all religions. This was because the resolution focused only on one religion, namely Islam. The EU would vote in favour of draft resolution L.6 but urged its cosponsors not to raise the subject again in the Commission. Finally, the EU wished to stress the importance of the participation of NGOs in the World Conference against Racism.
SHARAT SABHARWAL (India) said India attached high priority to religious tolerance and respect. Every major religion of the world was represented in India. Last year, India had stated its unequivocal objection to any discrimination based on religion. A terrorist had no religion except that of hatred. However, at the same time, the delegation of India did not agree with self-serving attempts to spread religious beliefs. The eradication of discrimination based on religion could best be achieved though the promotion of education. The delegation of India had three concerns with the draft resolution: the issue of abuse of freedom of expression, that defamation of religion was not limited to one religion, and that discrimination was prevalent in the whole world and certainly not limited to Islam.
In a measure related to the dates of the fifty-seventh session of the Commission, the Commission, recalling ECOSOC decision 1994/297 of 29 July 1994 and bearing in mind Council decision 11995/296 of 25 July 1995, decided, without a vote, that the fifty-seventh session of the Commission should take place from 19 March to 27 April 2001.
In measure on the organization of the work of the fifty-seventh session of the Commission, the Commission, taking into account its heavy schedule of work, decided, without a vote, to recommend to the Economic and Social Council that it authorize, if possible from within existing financial resources, 30 fully serviced additional meetings, including summary records, in accordance with rules 29 and 31 of the rules of procedure of the functional commissions of the Economic and Social Council, for the Commission's fifty-seventh session; and to request the Chairperson of the fifty-seventh session of the Commission to make every effort to organize the work of the session within the times normally allotted, so that the additional meetings that the Council might authorize would be utilized only if they proved to be absolutely necessary.
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