Fifty-eighth General Assembly
Plenary
77th Meeting (PM)
HUMAN RIGHTS AND TERRORISM, ACCESS TO MEDICATION, RIGHTS TO FOOD, HEALTH AMONG ISSUES
ADDRESSED, AS GENERAL ASSEMBLY ADOPTS 70 THIRD COMMITTEE TEXTS
Acting on the recommendations of the Third Committee (Social, Humanitarian, Cultural), the General Assembly today adopted 70 resolutions and a number of decisions, of which nearly half addressed human rights questions related to a host of issues ranging from terrorism and country-specific human rights conditions, to the impact of globalization and the rights to food, development and the highest standards of health.
Responding to heightened concerns about terrorism in the wake of the August 19 attack on the United Nations headquarters in Iraq, the Assembly passed resolutions deploring the increasing number of innocent persons killed by terrorist attacks and condemning terrorism as a violation of human rights.
By a vote of 120 in favour to 42 against, with 18 abstentions (see Annex XIII), the Committee adopted a resolution on human rights and terrorism that condemns the violation of the right to life, liberty and security suffered by victims of indiscriminate acts of violence. It calls on States to strengthen their legislation to combat terrorism and to take all necessary and effective measures to prevent, combat and eliminate terrorism.
The Assembly also addressed concerns raised by many delegations that human rights were being compromised in the fight against terrorism. In a vote of 181 in favor, with one abstention (India) (see Annex XIX), the Assembly adopted a resolution on the protection of human rights and fundamental freedoms while countering terrorism. The resolution reaffirmed that States must ensure that measures taken to combat terrorism are in compliance with their obligations under international law, and in particular under human rights, refugee and humanitarian law.
Before that action, the Assembly voted to retain operative paragraphs 10 and 11 of the text by a vote of 160 in favour to one against (India), with 12 abstentions (see Annex XVIII).
The Assembly adopted unanimously a resolution on human rights and the administration of justice, calling on States to review their national legislation to ensure that any national security and counter-terrorism laws are compatible with international humanitarian law and applicable international human rights instruments.
Also adopted unanimously was a resolution on 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, which encourages States to ensure an environment conducive to the work of human rights defenders, and urging States to ensure that any measures to combat terrorism do not hinder the work and safety of human rights defenders. The resolution also urges States to take appropriate measures to combat impunity for threats, attacks and acts of intimidation against human rights defenders.
The Assembly adopted, by a vote of 125 in favour to 53 against, (Annex X), a resolution on human rights and unilateral coercive measures, which urges all States to refrain from adopting any unilateral coercive measures not in accordance with international law and the Charter of the United Nations, that impede the full realization of the rights set forth in the Universal Declaration of Human Rights. The resolution rejectsthe use of unilateral coercive measures as tools for political or economic pressure against any country and calls onStates that have initiated such measures to promptly revoke such measures.
Resolutions were also passed on alternative approaches for improving the full enjoyment of human rights, including texts on the right to food and the right to development that were fundamental human rights. The resolution on the right to food, approved by a vote of 176 in favour to one against (United States), with 2 abstentions (Israel, Marshall Islands), reaffirms that hunger constitutes a violation of human dignity and requires the adoption of urgent measures at the national, regional and international levels for its elimination (Annex XVII).
The resolution on the right to development was approved by a vote of 173 to 3 against (Israel, Palau, United States), with 5 abstentions (Australia, Canada, Georgia, Japan, Sweden) (Annex XI). It stresses that States hold the basic responsibility for the protection of human rights and for economic and social development and emphasizesthe importance of identifying obstacles to the full realization of this right at both the national and international levels.
Responding to concerns that the widening gap between developed and developing countries has increased poverty in the developing world, the Assembly adopted by a vote of 123 in favour to 51 against, with 4 abstentions (Brazil, Chile, Guatemala and Singapore), a text on globalization and its impact on the full enjoyment of all human rights (Annex XXIII). The resolution underlines the urgent need to establish an equitable, transparent and democratic international system, in which poor people and countries would have a more effective voice.
A new text on the right of all to the enjoyment of the highest attainable standard of physical and mental health was adopted by a vote of 174 to 2 against (Marshall Islands, United States), with 4 abstentions (Australia, Czech Republic, Sweden, United Kingdom) (Annex XII). The resolution calls on States to guarantee that this right is exercised without discrimination. It also calls on States to place a gender perspective at the centre of all policies and programmes affecting women’s health, and to protect and promote sexual and reproductive health as integral elements of the right to health.
Emphasizing the increasing challenges posed by HIV/AIDS, the Assembly adopted by a vote of 181 to 1 against (United States), a resolution on access to medication in the context of pandemics (see Annex XIV). The resolution calls on States to implement national strategies to realize access for all to prevention-related goods, services and information, as well as access to comprehensive treatment, care and support for all individuals infected and affected by pandemics such as HIV/AIDS, tuberculosis and malaria.
On country-specific human rights issues, the Assembly adopted resolutions on the situation of human rights in Cambodia (without vote), Turkmenistan (73-42-56, Annex XXIV) and Iran (68-54-51, Annex XXV).
Three separate votes were held on a text on the human rights situation in the Democratic Republic of the Congo. Preambular paragraph 4 was retained by a vote of 89 in favour to 3 against (Nigeria, Rwanda and Uganda), with 75 abstentions (Annex XXVI). Operative paragraphs 3(b) and 6(e) were retained by a vote of 73 in favour to 49 against with 44 abstentions (Annex XXVII). The text as a whole was adopted by a vote of 81 in favour to 2 against (Rwanda, Uganda), with 91 abstentions (Annex XXVIII).
The Assembly postponed its decision on the human rights situation in Myanmar, owing to budgetary concerns.
In other action today, the Assembly hailed the entry into force in September of the Convention against Transnational Organized Crime, unanimously adopting a resolution on international cooperation in the fight against transnational organized crime, which aims to facilitate the implementation of the Convention. Other resolutions to combat trafficking in drugs and persons and to strengthen international crime prevention efforts were also approved unanimously.
Turning to the Report of the United Nations High Commissioner for Refugees, the Assembly adopted unanimously six resolutions related to refugees, including texts on the assistance to refugees, returnees and displaced persons in Africa and on assistance to unaccompanied refugee minors. A resolution on the Office of the United Nations High Commissioner for Refugees was also approved, urging all States and relevant non-governmental organizations and other organizations to cooperate and mobilize resources to enhance the capacity and reduce the heavy burden of countries that have received large numbers of refugees.
The Assembly also passed resolutions on actions proposed by the United Nations High Commissioner for Refugees to strengthen the capacity of his Office to carry out its mandate and on the enlargement of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees.
Affirming the right of peoples to self-determination, the Assembly approved by a vote of 109 in favour to 3 against (Bhutan, India, Mauritius), with 61 abstentions, a resolution on the universal realization of the right of people’s to self-determination (see Annex VII). It then adopted by a vote of 125 in favour to 26 against with 29 abstentions, a resolution aimed at eliminating the use of mercenaries (Annex VIII).
The Assembly also adopted by a vote of 169 in favour to 5 against (Federated States of Micronesia, Israel, Marshall Islands, Palau, United States) to a resolution on the right of the Palestinian people to self-determination (Annex IX). The resolution reaffirms the right of the Palestinian people to their independent State of Palestine and urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination.
Also today, the Assembly adopted unanimously six resolutions related to the advancement of women, including texts aimed at eliminating violence against women migrant workers, increasing women’s political participation, combating gender discrimination and improving the situation of women in rural areas.
Also approved was a resolution on the improvement of the status of women in the United Nations system, which encourages the Secretary-General to appoint more women as special representatives and envoys, especially in matters related to peacekeeping, economic and social development, and operational activities, in order to reach the 50/50 gender balance target by 2015. The Assembly postponed its decision on the International Research and Training Institute for the Advancement of Women (INSTRAW) until it reviewed the report of the Fifth Committee.
Among other resolutions adopted by the Assembly today were texts addressing social development issues related to the family, youth, ageing and disabled persons, including a resolution on the implementation of the outcome of the World Summit for Social Development.
The Assembly also approved resolutions on the promotion and protection of the rights of children, including a resolution that addressed specifically the situation of Palestinian children, which was adopted by a vote of 106 in favour, to 5 against (Federated States of Micronesia, Israel, Marshall Islands, Palau and United States), with 65 abstentions (see Annex I). The resolution demands that Israel respect relevant provisions of the Convention of the Rights of the Child and comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War in order to ensure the well-being and protection of Palestinian children and their families.
In its final action today on texts forwarded by the Third Committee, the Assembly approved the Third Committee’s organizational work and its draft biennial programme of work for 2004-2005.
Background
The General Assembly met today to take up the reports of its Third Committee (Social, Humanitarian, Cultural).
**Implementation of the outcome of the World Summit for Social Development and of the twenty-fourth special session of the General Assembly.
The Assembly had before it a report (document A/58/496) recommending the adoption of a draft resolution on the Implementation of the outcome of the World Summit for Social Development and of the twenty-fourth special session of the General Assembly, which would have it stress the necessity of ensuring the involvement of developing countries in the international economic decision-making process through greater participation in international economic forums. The General Assembly would urge developed countries that have not done so to make concrete efforts towards achieving the target of providing 0.7 per cent of their gross national product as official development assistance to developing countries.
**Social Development
The Assembly was also set to consider a two part report on Social
Development including questions relating to the world social situation and to youth, ageing, disabled persons and the family (document A/58/497).
Part one of the report contains a draft on preparations for and observance of the tenth anniversary of the International Year of the Family in 2004 and amendments approved by the Committee, which would have the Assembly recommend that all relevant actors, including Governments, civil society, including relevant non-governmental organizations, and research and academic institutions, contribute to developing strategies and programmes aimed at strengthening the livelihoods of families.
It would also welcome the decision of Benin to host a regional preparatory conference in Benin in May 2004 in collaboration with the United Nations, and the decision by members of the international community to host events in observance of the tenth anniversary of the International Year of the Family. The General Assembly would also call on United Nations system agencies and bodies, including the regional commission, within existing resources, to support regional events of the year and to contribute to the success of these events.
Part II of the report contains three draft resolutions and one draft decision.
Draft resolution I on cooperatives in social development, which would have the Assembly urge governments and relevant international organizations to give due consideration to the role and contribution of cooperatives in the implementation of the outcomes of World Summit for Social Development and other international conferences. It also invites Governments to continue to observe annually the International Day of Cooperatives on the first Saturday of July.
Draft resolution II on the implementation of the World Programme of Action concerning Disabled Persons: towards a society for all in the twenty-first century would have the Assembly would urge relevant bodies and organizations of the United Nations system, as well as intergovernmental and non-governmental organizations and institutions to incorporate the disability perspective in their activities for the promotion of the full enjoyment of all human and fundamental freedoms by persons with disabilities.
By draft resolution III on policies and programs involving youth, the Assembly would recommend that the United Nations system and the special session of the General Assembly on children, continue to provide opportunities for dialogue between governments and representatives of youth organizations in consultative status with the Economic and Social Council through forums, open-ended dialogues, meetings and debates.
The draft decision would have the Assembly take note of the Secretary-General’s report on preparations for the tenth anniversary of the International Year of the Family in 2004 (E/CN/5/2003/6).
**Older Persons
The Assembly will also consider a report on the follow-up to the International Year of Older Persons: Second World Assembly on Ageing (document A/58/498), which contains on draft resolution.
Draft Resolution I on the Follow-up to the Second World Assembly on Ageing, stresses the importance of the role of civil society, including non-governmental organizations, in supporting governments in their implementation and follow-up to the Madrid Plan of Action. The Economic and Social Council would be requested to consider ageing when elaborating its list of cross-sectoral thematic issues common to the outcomes of major United Nations conferences. The draft would also have the General Assembly recommend the strengthening of institutional linkages between United Nations gender focal points and focal points on ageing in order to enhance the integration of the gender aspects of ageing within the system.
**Crime Prevention
The Committee’s report on crime prevention and criminal justice (documentA/58/499) contains six draft resolutions and one draft decision.
Draft resolution I on International cooperation in the fight against transnational organized crime: assistance to States in capacity-building with a view to facilitating the implementation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto, would have the General Assembly recommend that the Centre for International Crime Prevention develop a guide containing elements that would be useful to States Parties in meeting their reporting requirements and ask the Secretary General to continue to provide the Centre with the necessary resources to enable it to effectively promote the implementation of the Convention.
Draft resolution II on strengthening international cooperation and technical assistance in promoting the implementation of the universal conventions and protocols related to terrorism within the framework of the activities of the Centre for International Crime Prevention, which would have the Assembly call on States that have not yet done so to become parties to and implement the universal conventions and protocols related to terrorism and, where appropriate, to request assistance to that end from the Centre for International Crime Prevention.
Draft resolution III on strengthening international cooperation in preventing and combating trafficking in persons and protecting victims of such trafficking, would have the Assembly call on States to collaborate to prevent trafficking in persons, especially for the purpose of sexual exploitation, through improved technical cooperation to strengthen local and national institutions and would urge States to ensure that measures taken against trafficking in persons, especially women and children, are consistent with internationally recognized principles of non-discrimination and respect for the human rights and fundamental freedoms of victims.
Draft resolution IV on Preparations for the Eleventh United Nations Congress on Crime Prevention and Criminal Justice, which would have the Assembly decide to hold the Congress from 18 to 25 April 2005 and approve the provisional agenda.
Draft resolution V on the United Nations African Institute for the Prevention of Crime and the Treatment of Offenders, would have the Assembly urge the States members of the Institute to make every effort to meet their obligations to the Institute and request the Secretary-General to intensify efforts to mobilize all relevant entities of the United Nations system to provide the necessary financial and technical support to the Institute to enable it to fulfil its mandate.
Draft resolution VI on Strengthening the United Nations crime prevention and criminal justice programme, in particular its technical cooperation capacity, would request the Secretary-General to take necessary measures to provide adequate support to the United Nations Office on Drugs and Crime so as to enable it to promote the speedy entry into force of the Convention against Corruption and would encourage States to make adequate and voluntary contributions for the entry into force of the Convention against Corruption.
The draft decision would have the Assembly take note of the reports of the Secretary-General, on Preparations for the Eleventh United Nations Congress on Crime Prevention and Criminal Justice (document A/58/125); preventing and combating corrupt practices and transfer of illicit funds (document A/58/125); and on promoting the ratification of the United Nations Convention against Transnational Crime and the Protocols thereto (document A/58/165).
**Drug Control
The Third Committee’s report on international drug control (document A/58/500) contains one draft resolution.
Draft resolution I on international cooperation against the world drug problem would have the Assembly urge all Member States to implement the Action Plan for the Implementation of the Declaration on the Guiding Principles of Drug Demand Reduction, and to strengthen their national efforts to counter the abuse of illicit drugs among their population. The Assembly would also urge States to implement comprehensive demand reduction policies and programmes; to enhance early intervention programmes that dissuade children and young people from the use of illicit drugs; and to provide a comprehensive range of services for preventing the transmission of HIV/AIDS and other infectious diseases associated with drug abuse.
States would also be urged to renew efforts, at the national, regional and international levels, to implement the comprehensive measures covered in the Action Plan against the manufacturing, trafficking and abuse of amphetamine-type stimulants and their precursors. The draft would also have the Assembly request the United Nations International Drug Control Programme to continue strengthening dialogue with Member States and to increase its assistance, within the available voluntary resources, to countries that are deploying efforts to reduce illicit crop cultivation by adopting alternative development programmes, and to explore new and innovative funding mechanisms. Governments would be urged to provide the fullest possible financial and political support to the Programme by widening its donor base and increasing voluntary contributions.
**Advancement of Women
The Assembly also had before it a report on the Advancement of Women (document A/58/501), which contained seven draft resolutions and two draft decisions.
Draft resolution I on women and political participation, would have the Assembly urge States to promote and protect the right of women to associate freely, and to express their views publicly; to ensure equal access to education, property rights and inheritance rights, and to promote equal access to information technology and business and economic opportunities; to promote the goal of gender balance in all public positions; and to encourage greater involvement of indigenous and other marginalized women in decision-making at all levels, and to address and counter the barriers faced by marginalized women in accessing and participating in politics and decision-making.
Draft resolution II on violence against women migrant workers would have the Assembly urge concerned governments, in particular those of the countries of origin and destination, to strengthen further their national efforts to protect and promote the rights and welfare of women migrant workers, including through sustained cooperation. Such States were also urged to support and allocate appropriate resources for programmes aimed at strengthening preventive action, in particular information for target groups, education and campaigns to increase public awareness of this issue.
Draft resolution III on improvement of the status of women in the United Nations would have the Assembly request the Secretary-General, in order to achieve and maintain the goal of 50/50 gender distribution, to continue to develop innovative recruitment strategies to identify and attract suitably qualified women candidates; to continue to monitor closely the progress made by departments and offices in meeting the goal of gender balance and to ensure that the appointment and promotion of suitably qualified women be at least 50 per cent of all appointments and promotions until the goal of 50/50 gender distribution is met; and to continue to work to further strengthen the policy against harassment, including sexual harassment, by ensuring the full implementation of the guidelines for its application at Headquarters and in the field.
Draft resolution IV on the Convention of the Elimination of All Forms of Discrimination against Women would have the Assembly express disappointment that universal ratification of the Convention was not achieved by 2000, and urge all States that had not yet ratified or acceded to the Convention to do so. The text would also have the General Assembly recall the great number of overdue reports, in particular initial reports, and urge States parties to the Convention to make every possible effort to submit their reports on the implementation of the Convention in a timely manner and express its appreciation for the efforts made so far by the Committee to improve the efficiency of its working methods, and encourage the Committee to continue its activities in this regard.
Draft resolution V on improvement of the situation of women in rural areas would have the Assembly invite States to create an enabling environment for improving the situation of rural women, including integrating a gender perspective in macroeconomic policies and developing appropriate social support systems; pursue the political and socio-economic empowerment of rural women by supporting their full and equal participation in decision-making at all levels through the provision of training and capacity-building programmes; develop specific assistance programmes and advisory services to promote economic skills of rural women in banking, modern trading and financial procedures and providing microcredit and other financial and business services to a greater number of women in rural areas for their economic empowerment; and promote programmes to enable rural women and men to reconcile their work and family responsibilities and to encourage men to share equally with women household and child-care responsibilities.
Draft resolution VI on elimination of domestic violence against women would have the Assembly express its concern that women continue to be victims of domestic violence and at the continuing occurrence in all regions of the world of domestic violence, which takes many different forms, and at failures to prosecute and punish the perpetrators. In addition, the Assembly would express its concern that domestic violence, including sexual violence in a marriage, is still treated as a private matter in some countries. The Assembly would stress that States have an obligation to exercise due diligence to prevent, investigate and punish the perpetrators of domestic violence against women. States would be called upon to adopt, strengthen and implement legislation that prohibits domestic violence, prescribes punitive measures and establishes adequate legal protection.
Draft resolution VII on the future operation of the International Research and Training Institute for the Advancement of Women (INSTRAW), would have the Assembly urge Member States to make voluntary financial contributions to the INSTRAW Trust Fund, particularly during this critical transitional period. It would also have the Assembly continue to provide its full support to the current efforts to revitalize the Institute and to provide funds complementary to the existing ones, if needed, to ensure that the Institute would have adequate resources to function for a period of one year and to present its report requested in resolution 57/311.
The report also contains two draft decisions. The fist recommends that the Assembly endorse the recommendations of the Committee on Programme and Coordination contained in chapter III, section C.4, of its report. The second recommends that the Assembly take note of the three documents considered by the Secretary-General under this item, including on the activities of INSTRAW and its Working Group, and its future operations.
**Implementation of the Forth World Conference on Women, and of “Women 2000”
The Assembly was also set to consider a report on Implementation of the outcome of the Fourth World Conference on Women and of the twenty-third special session of the General Assembly, entitled “Women 2000: gender equality, development and peace for the twenty-first century” (document A/58/502), which contains one draft resolution.
The draft resolution on follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform for Action and the outcome of the twenty-third special session of the General Assembly, would have the Assembly call on States to continue to take effective action to implement the Beijing Declaration and Platform for Action and the outcome of the twenty-third special session. It would also request the Secretary-General to ensure that all United Nations personnel and officials at Headquarters and in the field receive training on mainstreaming a gender perspective in their work, including gender impact analysis.
**Refugees
The Assembly had before it the Committees report on the Report of the United Nations High Commissioner for Refugees (UNHCR) on questions relating to refugees, returnees and displaced persons and humanitarian issues (document A/58/503), which recommends the adoption of six draft resolutions.
Draft resolution I on assistance to refugees, returnees and displaced persons in Africa, would have the Assembly call on States and other parties to armed conflict to observe scrupulously the letter and the spirit of international humanitarian law, bearing in mind that armed conflict has been one of the principal causes of forced displacement in Africa. The Assembly would further reaffirm that host States had the primary responsibility to ensure the civilian and humanitarian character of asylum, and call on States to take all necessary measures to ensure respect for the principles of refugee protection.
Draft resolution II on assistance to unaccompanied refugee minors would have the Assembly stress the importance of providing adequate resources for programmes of identification, registration, documentation and tracing of unaccompanied minors and their reunification with their families. The Assembly would also call on the UNHCR, in cooperation with other relevant United Nations bodies, to incorporate into its programmes policies that aim at preventing the separation of refugee families. States and other parties to conflicts would be called on to comply with their obligations under international humanitarian and human rights laws to respect the provisions of the Convention on the Rights of the Child, which accord children affected by armed conflict special protection and treatment.
Draft resolution III on the Office of the United Nations High Commissioner for Refugees would have the Assembly urge all States and relevant non-governmental organizations and other organizations to cooperate and mobilize resources with a view to enhancing the capacity of and reducing the heavy burden borne by countries that have received large numbers of refugees and asylum seekers. It would emphasize the obligation of all States to accept the return of their nationals and would call on States to facilitate the return of their nationals who have been determined not to be in need of international protection.
Draft resolution IV on enlargement of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, would have the Assembly increase the number of members of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees from 64 to 66 States.
Draft resolution V on implementing actions proposed by the United Nations High Commissioner for Refugees to strengthen the capacity of his Office to carry out its mandate would have the Assembly remove the temporal limitation on the continuation of the Office of the High Commissioner of 18 December 2002 and to continue the Office of the High Commissioner until the refugee problem is solved. It would have the High Commissioner report annually on an oral basis to the Economic and Social Council to keep it informed of the coordination aspects of the work of the Office, and to continue the existing practice of presenting an annual written report to the General Assembly.
Draft resolution VI on follow-up to the Regional Conference to Address the Problems of Refugees, Displaced Persons, Other Forms of Involuntary Displacement and Returnees in the Countries of the Commonwealth of Independent States and Relevant Neighbouring States, would have the Assembly invite the countries of the Commonwealth of Independent States to intensify bilateral, subregional and regional cooperation in maintaining the balance of commitments and interests in such activities. These governments would also be called upon to continue to strengthen their commitment to the principles underpinning the Programme of Action adopted at the Conference, in particular to principles of human rights and refugee protection.
**Children’s Rights
The Assembly also had before it a report on promotion and protection of the rights of children (document A/58/504) which contains four draft resolutions and one draft decision.
Draft resolution I was on the situation of and assistance to Palestinian children (document A/C.3/58/L.24) would have the Assembly stress the urgent need for Palestinian children to live a normal life free from foreign occupation, destruction and fear in their own State, and demand that Israel respect relevant provisions of the Convention on the Rights of the Child and comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War in order to ensure the well-being and protection of Palestinian children and their families.
Draft resolution II on the girl child, would have the Assembly stress the need for full and urgent implementation of the rights of the girl child as guaranteed to her under all human rights instruments and, to urge all States to take all necessary measures and to institute legal reforms to ensure equal enjoyment by the girl child of all human rights and fundamental freedoms. It would also have the Assembly urge all States to enact and enforce legislation to protect girls from all forms of violence and exploitation, including female infanticide, female genital mutilation, rape, domestic violence, child prostitution and child pornography, trafficking and forced labour, and to develop support programmes to assist girls who are subjected to violence. It would have the Assembly urge States to take special measures for the protection of war-affected girls and to protect them from sexually transmitted diseases, including HIV/AIDS.
Draft resolution III on the Office of the Special Representative for Children and Armed Conflict, addressing concerns about the financial instability of this Office and its adverse impact on the implementation of its mandate, would have the Assembly decide to support, through regular budgetary funding, the activities under the mandate of the Special Representative of the Secretary-General for Children and Armed Conflict.
Draft resolution IV on the rights of the child would have the Assembly urge States that had not yet done so to sign and ratify, or accede to the Convention on the Rights of the Child as a matter of priority, and urge States that had not done so to consider signing and ratifying or acceding to the Optional Protocols to the Convention on the involvement of children in armed conflict, and on the sale of children, child prostitution and child pornography. The text would further have the Assembly call upon all States to end impunity for perpetrators of crimes committed against children, and recognize in this regard the contribution of the establishment of the International Criminal Court, as a way to prevent violations of human rights and international humanitarian law.
States would also be called upon to take all necessary measures to address the problem of children growing up without parents, in particular orphaned children and children who were victims of family and social violence, neglect and abuse. The Assembly would further call upon States to give support and rehabilitation to children and their families affected by HIV/AIDS, and to involve children and their caregivers, as well as the private sector, to ensure the effective prevention of HIV infections.
The draft decision would have the Assembly take note of the Secretary-General’s report on progress towards the implementation of the Declaration of Commitment on HIV/AIDS (document A/58/184).
**Indigenous People
The report on the Programme of activities of the International Decade of the World’s Indigenous People (document A/58/505) recommends the adoption of one draft resolution.
The draft resolution on the International Decade of the World’s Indigenous People would have the Assembly encourage governments to support the Decade by seeking means of giving indigenous people greater responsibility for their own affairs and an effective voice in the decisions on matters that affect them. It would encourage the creation of national committees or other mechanisms involving indigenous people to ensure that the objectives of and activities of the Decade are planned and implemented on the basis of full partnership with indigenous people.
**Elimination of racism
The Assembly also had before it a report on the elimination of racism and racial discrimination (document A/58/506) which contains two draft resolutions.
Draft resolution I on the incompatibility between democracy and racism, which would have the Assembly condemn political platforms and organizations based on racism, xenophobia or doctrines of racial superiority and related discrimination, as well as legislation and practices based on racism, racial discrimination, xenophobia and related intolerance as incompatible with democracy and transparent and accountable governance.
Drat resolution II 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, would have the Assembly urge all States to review and revise their immigration laws, policies and practices so that they are free of racial discrimination and compatible with their obligations under international human rights instruments.
**Self-determination
The report on the right of peoples to self-determination (document A/58/507) recommends the adoption of three draft resolutions.
Draft resolution I on the universal realization of the right of peoples to self-determination, would have the Assembly declare its firm opposition to acts of foreign military intervention, aggression and occupation that have resulted in the suppression of the right of peoples to self-determination. It would have the General Assembly call on those States responsible to cease immediately their military intervention in and occupation of foreign countries and territories and all acts of repression, discrimination and maltreatment.
Draft resolution II on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, would have States take legislative measures to ensure that their territories are not used for the recruitment, assembly, financing, training and transit of mercenaries for the planning of activities designed to impede the right of peoples to self-determination, to destabilize or overthrow the Government of any State, or to impair the territorial or political integrity of sovereign and independent States. The text would have legislative measures include a ban on the intervention of private companies in armed conflicts through the recruitment, training, hiring or financing of mercenaries by such companies.
Draft resolution III on the right of the Palestinian people to self-determination, would have the Assembly reaffirm the right of the Palestinian people to self-determination and to their independent State of Palestine. It would urge all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination.
**Human Rights Questions
The Assembly also had before it the report on human rights questions (document A/58/508) which recommends the adoption of a draft decision concerning documents considered by the General Assembly in connection with the question of human rights. The General Assembly takes note of the following documents submitted under the item entitled “Human rights questions”:
Under sub-item (a):
- Report of the Human Rights Committee;
- Report of the Secretary-General on the status of the United Nations oluntary Trust Fund on Contemporary Forms of Slavery;
- Report of the Secretary-General on the status of the Convention against torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- Note by the Secretariat transmitting the report of the chairpersons of the human rights treaty bodies on their fifteenth meeting, held at Geneva from 23 to 27 June 2003;
Under sub-item (b):
- Report of the Secretary-General on the protection of migrants;
- Note by the Secretary-General transmitting the report of the Special Rapporteur of the Commission on Human Rights on the human rights of migrants;
- Report of the Secretary-General on the right to development;
- Report of the Secretary-General on human rights and unilateral coercive measures;
- Note by the Secretary-General transmitting the report of his Special Representative on human rights defenders;
Under sub-item (c):
- Note by the Secretary-General on the human rights situation of the Lebanese detainees in Israel;
- Note by the Secretary-General regarding the report of the independent expert on the situation of human rights in Afghanistan;
- Note by the Secretary-General transmitting the interim report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Iraq;
- Note by the Secretary-General transmitting the report of the Office of the United Nations High Commissioner for Human Rights on the human rights situation in Sierra Leone;
- Note by the Secretary-General transmitting the report of the Special Rapporteur of the Commission on Human Rights on violence against women, its causes and consequences, on the situation of women and girls in Afghanistan;
- Note by the Secretary-General transmitting the interim report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Burundi.
Under sub-item (e):
- Report of the United Nations High Commissioner for Human Rights.
**Human Rights Instruments
The Assembly also had before it a report on human rights questions: implementation of human rights instruments (document A/58/508/Add.1), which contains recommendations for action on three draft resolutions.
Draft resolution I on torture and other cruel, inhuman or degrading treatment or punishment, would have the Assembly urge governments to take effective measures to provide redress and to prevent torture and other cruel, inhuman or degrading treatment or punishment. It would also call on governments to take appropriate effective legislative, administrative, judicial or other measures to prevent and prohibit the production, trade, export and use of equipment specifically designed to inflict torture or other cruel, inhuman or degrading treatment.
Draft resolution II on the international covenants on human rights, by which the Assembly would urge all States to publish the texts of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and its Optional Protocols in as many local languages as possible in their territories. It would stress the need for improved coordination among relevant United Nations mechanisms and bodies in supporting States parties in implementing the International Covenant on Human Rights and its Optional Protocols.
Draft III on the International Convention on the protection of the rights of all migrant workers and members of their families, which would call on States that have not yet ratified the Convention to consider signing and ratifying or acceding to it. It would also call on States parties to the Convention to submit in a timely manner their first periodic report, as requested in article 73 of the Convention.
**Human Rights and Fundamental Freedoms
The Assembly had before it a report on Human rights Questions: human rights questions, including alternative approaches to improving the effective enjoyment of human rights and fundamental freedoms (document A/58/508/Add.1), which contained 28 draft resolutions and one draft decision.
Draft resolution I on human rights and cultural diversity would have the Assembly emphasize the promotion of cultural pluralism and tolerance at the national, regional and international levels as critical for enhancing the respect for cultural rights and cultural diversity. It would urge all States to ensure that their political and legal systems reflect the multicultural diversity within their societies and, where necessary, to improve democratic institutions to make them more fully participatory. It would call on States, international organizations and United Nations agencies and invite civil society, including NGOs, to recognize and promote respect for cultural diversity for the purpose of advancing the objectives of peace, development and universally accepted human rights.
Draft resolution II on strengthening United Nations action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity, would have the Assembly reaffirm that the promotion, protection and full realization of all human rights and fundamental freedoms, as a legitimate concern of the world community, should be guided by the principles of non-selectivity, impartiality and objectivity and should not be used for political ends. In addition, the Assembly would request all human rights bodies within the United Nations system, as well as special rapporteurs and representatives, independent experts and working groups, to take duly into account the contents of the present draft resolution.
Draft resolution III on human rights and mass exoduses, would have the Assembly urge the Secretary-General to continue to give high priority to the consolidation and strengthening of emergency preparedness and response mechanisms, including early warning activities in the humanitarian area, so that effective action is taken to identify all human rights abuses that contribute to mass exoduses of persons. States would be called upon to ensure the effective protection of refugees by respecting the principle of non-refoulement and emphasize the responsibility of all States and international organizations to cooperate with those countries, particularly developing ones, affected by mass exoduses of refugees and displaced persons.
Draft resolution IV on enhancement of international cooperation in the field of human rights, would have the Assembly urge all actors on the international scene to build an international order based on inclusion, justice, equality, human dignity and respect for cultural diversity and human rights, and to reject all doctrines of exclusion based on racism, racial discrimination and xenophobia. The draft calls on States, specialized agencies and intergovernmental organizations to continue to carry out a dialogue for the promotion and protection of all human rights and fundamental freedoms and encourages non-governmental organizations to contribute actively to this endeavour.
Draft resolution V on human rights and unilateral coercive measures, would have the Assembly urgeall States to refrain from adopting any unilateral measures not in accordance with international law and the Charter of the United Nations, in particular those of a coercive nature with all their extraterritorial effects, which create obstacles to trade relations among States and impeded the full realization of the rights set forth in the Universal Declaration of Human Rights. It also urges all States to take steps to refrain from adopting any unilateral measures not in accordance with international law and the Charter that impede the full achievement of economic and social development by the population of the affected countries.
Draft resolution VI on the right to developmentstressesthat the basic responsibility for the protection of human rights and for economic and social development lies with the State, while recognizingthe need for strong partnerships with civil society organizations and the private sector in pursuing poverty eradication and development. It also reaffirms the commitment, and urges developed countries that have not yet done so, to make concrete efforts towards meeting the targets of 0.7 per cent of their gross national product for official development assistance to developing countries. In addition, the draft would have the Assembly recognize the need to address market access for developing countries, including in respect of agriculture, services and non-agricultural products.
Draft resolution VII on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health would have the Assembly call upon the international community to continue to assist the developing countries in promoting the full realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. States would be called upon 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 and to pay special attention to the situation of vulnerable groups.
Draft resolution VIII on human rights and terrorism, would have the Assembly strongly condemn the violation of the right to life, liberty and security and profoundly deplore the increasing number of innocent persons killed, massacred and maimed by terrorists in indiscriminate and random acts of violence and terror that could not be justified under any circumstances. The Assembly would urge the international community to enhance cooperation at the regional and international levels in the fight against terrorism in all its forms and manifestations and call upon States to take all necessary and effective measures to prevent, combat and eliminate terrorism in all its forms and manifestations and to strengthen their legislation to combat terrorism.
Draft resolution IX on national institutions for the promotion and protection of human rights, would have the Assembly reaffirm the role of national institutions for the dissemination of human rights materials and other public information activities, including those of the United Nations, in particular in the context of the United Nations Decade for Human Rights Education, 1995-2004. In addition, the Assembly would urge the Secretary-General to continue to give high priority to requests from Member States for assistance in the establishment and strengthening of national human rights institutions as part of the United Nations Programme of Advisory Services and Technical Assistance in the Field of Human Rights.
Draft resolution X on the Sub-regional Centre for Human Rights and Democracy in Central Africa would have the Assembly welcome the activities of the Centre at Yaoundé and note with satisfaction the support provided for the establishment of the Centre by the host country. The Assembly would further request the Secretary-General and the United Nations High Commissioner for Human Rights to continue to provide their full assistance for the proper functioning of the Centre.
Draft resolution XI on the protection of and assistance to internally displaced personscalls on governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by further improving access to internally displaced persons. It also urges all governments, in particular governments with situations of internal displacement, to continue to facilitate the activities of the Representative of the Secretary-General, and to give serious consideration to inviting the Representative to visit their countries, so as to enable him to study and analyse more fully the issues involved.
Draft resolution XII on 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, would have the Assembly welcome the reports of the Special Representative of the Secretary-General on human rights defenders and her contribution to the effective promotion of the Declaration and improvement of the protection of human rights defenders worldwide, and encourage all States to ensure and maintain an environment conducive to the work of human rights defenders. States would be urged to ensure that any measures to combat terrorism and preserve national security comply with their obligations under international law, particularly international human rights law, and do not hinder the work and safety of human rights defenders.
Draft resolution XIII on access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria would have the Assemblycall on States to implement national strategies, in accordance with applicable international law, to realize access for all to prevention-related goods, services and information as well as access to comprehensive treatment, care and support for all individuals infected and affected by pandemics such as HIV/AIDS, tuberculosis and malaria. It calls on States to take all appropriate measures to promote research and development of new and more effective pharmaceutical products and diagnostic tools, in accordance with applicable international law.
Draft resolution XIV on strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization, would have the Assembly commend the electoral assistance provided upon request to Member States by the United Nations, and requests that such assistance continue on a case-by-case basis in accordance with the evolving needs of requesting countries to develop, improve and refine their electoral institutions and processes, recognizing that the fundamental responsibility of organizing free and fair elections lies with governments. The Assembly would recommend that, throughout the entire electoral process time-span, including before and after elections, as appropriate, based on needs-assessment missions, the United Nations continue to provide technical advice and other assistance to requesting States and electoral institutions in order to help to strengthen their democratic processes.
Draft resolution XV on United Nations Decade for Human Rights Education, 1995-2004, would have the Assembly urge all governments to promote the development of national strategies for human rights education and to establish and strengthen knowledge of human rights in their education policies. It urges the Department of Public Information of the Secretariat to continue to utilize United Nations information centres to disseminate basic information, reference and audio-visual materials on human rights and fundamental freedoms.
Draft resolution XVI on effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, would have the Assembly encourage States to include aspects relating to minorities in their national plans of action. It urges States to promote the rights or persons belonging to national or ethnic, religious and linguistic minorities, as set out in the Declaration, with special attention to the promotion and protection of the human rights of children belonging to minorities. It also encourages intergovernmental and non-governmental organizations to continue to contribute to the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities.
Draft resolution XVII on human rights and the administration of justice would have the Assembly call upon States to review their national legislation to ensure that any national security, State security, counter-terrorism or similar laws are compatible with the provisions of international humanitarian law and applicable international human rights instruments. In addition, the General Assembly would appeal to governments to include in their national development plans the administration of justice as an integral part of the development process. The United Nations High Commissioner for Human Rights would be called upon to reinforce his activities relating to national capacity-building in the field of the administration of justice, in particular in post-conflict situations.
Draft resolution XVIII on the elimination of all forms of religious intolerance would have the Assembly urge States to ensure that their constitutional and legal systems provide effective guarantees of freedom of thought, conscience, religion or belief, including providing effective remedies in cases where such rights are violated. States are urged to ensure that no one within their jurisdiction is, because of their religion or belief, deprived of the right to life, liberty and security of persons, and to ensure that all public officials and civil servants, including members of law enforcement, the military and educators respect different religions and beliefs and do not discriminate on the grounds of religion.
Draft resolution XIX on the in-depth study on all forms of violence against women, would have the Assembly request the Secretary-General to conduct an in-depth study from existing available resources, and, if necessary, supplemented by voluntary contributions, on all forms of violence against women, in order to provide a statistical overview on all forms of violence against women to evaluate the scale of such violence, and to identify its causes, costs and consequences. It would also ask the Secretary-General to make the study available to all Member States and Observers, as well as other United Nations stakeholders, and to submit a report to the General Assembly at its fifty-ninth session under the agenda item “the advancement of women”.
Draft resolution XX on the right to food, noting there are currently
840 million people around the world suffering from hunger and malnutrition, would have the Assembly reaffirm that hunger constitutes a violation of human dignity and requires the adoption of urgent measures at the national, regional and international levels for its elimination. It encourages all States to take steps with a view to achieving the full realization of the right to food, and to take action to address discrimination against women where it contributes to the malnutrition of women and girls. It invites international financial and development institutions and relevant United Nations agencies to prioritize and provide necessary funding to realize the aim of halving by 2015 the proportion of people who suffer from hunger.
Draft resolution XXI on protecting human rights and fundamental freedoms while countering terrorism, would have the Assembly reaffirm that States must ensure that any measures taken to combat terrorism complies with their obligations under international law, in particular human rights, refugee and humanitarian law. States would be encouraged, while countering terrorism, to take into account relevant United Nations resolutions and decisions on human rights, and encouraged to consider the recommendations of the special procedures and mechanisms of the Commission on Human Rights and relevant comments and views of United Nations human rights treaty bodies.
Draft resolution XXII on respect for the purposes and principles contained in the Charter of the United Nations to achieve international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms and in solving international problems of a humanitarian character would have the Assembly stress the vital role of the United Nations in promoting respect for human rights and fundamental freedoms. The draft calls onall States to cooperate fully, through constructive dialogue, to ensure the promotion and protection of all human rights for all, and in promoting peaceful solutions to international problems of a humanitarian character, in compliance with international human rights and humanitarian law.
Draft resolution XXIII on respect for the principles of national sovereignty and diversity of democratic systems in electoral processes as an important element for the promotion and protection of human rights would have the Assembly reaffirm that all peoples have the right to self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development. It would call on all States to refrain from financing political parties or other organizations in any other State in a way that is contrary to the principles of the Charter and that undermines the legitimacy of its electoral processes. The draft condemns any act or armed aggression or use of force against elected governments and leaders, and reaffirms the will of the people, as expressed in genuine elections, shall be the basis of the authority of Government.
Draft resolution XXIV on the protection of migrants would have the Assembly call upon States to promote and protect the rights of migrants, as contained in the 2001 Durban declaration and Programme of Action. It would also strongly condemn any acts of racism or racial discrimination against migrants or the stereotypes often applied to them, and would call upon States, when enacting national security legislation measures to observe national legislation and applicable legal instruments to which they are part, in order to respect the human rights of migrants.
Draft resolution XXV on the situation of human rights in Cambodia, would have the Assembly urge the Government of Cambodia to expedite the implementation of legal and judicial reform as a matter of priority, and encourage further efforts by the Government of Cambodia to implement its reform programme, including police and military reforms and the demobilization programme. It would call on the Government to increase efforts to investigate and to prosecute, in accordance with due process of law and human rights standards, all those who have perpetrated serious crimes, including violations of human rights. Noting grave concern about continued human rights violations -- including torture, pre-trial detention, labour rights violations and the killings of political activists –- the draft urges the Government to take all measures to prevent such violations, in
