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 Home > United Nations News and Press Releases > 1998 > November Sunday 23 November 2008
18th November, 1998

THIRD COMMITTEE APPROVES BY VOTE DRAFTS ON SITUATIONS OF HUMAN RIGHTS IN IRAN, KOSOVO

Also Urges States to Refrain from Unilateral Coercive Measures, Committee Approves 14 Draft Resolutions Without Vote, Four Texts Introduced

The General Assembly would welcome the commitment made by the Government of Iran to promote respect for the rule of law, including the elimination of arbitrary arrest and detention, and to reform the legal and penitentiary system, under the provisions of one of 14 draft resolutions approved by the Third Committee (Social, Humanitarian and Cultural) this afternoon.

Approved by a recorded vote of 63 in favour to 35 against, with 60 abstentions, that text would also have the Assembly call upon the Government of Iran to ensure that capital punishment will not be imposed for other than the most serious crimes. (For details of the vote, see Annex III.)

Speaking in explanation of vote, the representative of the Sudan rejected categorically the use of double standards and selectivity in dealing with the situation of human rights in Iran. Also, she said there was no international law that criminalized capital punishment, which was explicitly provided for in the Sharia.

By another text approved, the Assembly would urge the authorities of the Federal Republic of Yugoslavia and the ethnic Albanian leadership in Kosovo to enter immediately into a meaningful dialogue, without preconditions and with international involvement, and to commit themselves to a clear timetable, leading to an end of the crisis there. That draft was approved by a vote of 115 in favour to 3 against (Belarus, India, Russian Federation), with 34 abstentions. (See Annex IV.)

The representative of the Russian Federation said his country had voted against the draft resolution as it was unacceptable to consider the human rights situation without taking into account territorial belonging, adding that the Committee should not encourage separatism, even indirectly. That was insufficiently reflected in the resolution.

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By a vote of 104 in favour to 44 against, with 10 abstentions (Armenia, Azerbaijan, Cyprus, Jordan, Kazakhstan, Kyrgyzstan, Malta, Marshall Islands, Ukraine and Uzbekistan), a draft was approved that would have the Assembly urge all States to refrain from adopting or implementing unilateral measures not in accordance with international law, in particular those of a coercive nature with all their extraterritorial effects, which create obstacles to trade among States, thus impeding the realization of the right to development. (See Annex II.)

A draft on the effective implementation of international human rights instruments, which was approved without a vote, would have the Assembly emphasize the need to ensure financing and adequate staff and information resources for the operations of the human rights treaty bodies.

Operative paragraph 26 of that draft was approved by a vote of 93 votes in favour to 7 against (Cuba, Democratic People's Republic of Korea, Egypt, India, Iran, Libya and Syria), which was requested by Cuba's representative. That paragraph would have the Assembly note that efforts continue to be made at coordination and cooperation between the human rights treaty bodies and the special rapporteurs, representatives, experts and working groups of the Commission on Human Rights.

Acting without a vote, the Committee approved 10 other drafts. Under their provisions, the Assembly would:

-- Condemn all acts that pose a threat to the personal security and well-being of refugees and asylum-seekers, and call upon all States of refuge to take all necessary measures to ensure respect for the principles of refugee protection;

-- Reaffirm that extreme poverty and exclusion from society constitute a violation of human dignity, and that urgent national and international action is required to eliminate them;

-- Stress that Governments have the primary responsibility for implementing the Beijing Declaration and Platform for Action, and would call upon States to take action to fulfil commitments for the advancement of women;

-- Call upon the Haitian authorities to mobilize the political will for the pursuit of reform and for the strengthening of the judicial system, and express deep concern at the prolonged political stalemate in the country;

-- Reaffirm that any act of enforced disappearance is an offence to human dignity and a grave and flagrant violation of human rights and fundamental freedoms;

-- Call upon Governments to accord priority to the dissemination in their relevant national and local languages of the Universal Declaration

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of Human Rights, the International Covenants on Human Rights and other human rights instruments, materials and training manuals;

-- Welcome the announcement by General Abdulsalami Abubakar of a new programme of transition to civilian rule and note with satisfaction the commitment of the Government of Nigeria to fully restore democracy, the rule of law and respect for human rights;

-- Call upon States and interested international organizations to provide appropriate forms and levels of support for the practical implementation of the Programme of Action adopted by the Regional Conference to Address the Problems of Refugees in the Countries of the Commonwealth of Independent States;

-- Urge all States to become parties to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment as a matter of priority and to comply strictly with their obligations under it, including the submission of reports; and

-- Call on Governments and other actors to ensure strict adherence to accepted humanitarian norms and principles and to promote national and international legislation responsive to actual and potential humanitarian problems.

Also this afternoon, the Committee heard the introduction of four draft resolutions. Under the provisions of those texts, the Assembly would:

-- Request the Secretary-General to assist the Government of Cambodia in ensuring the protection of the human rights of all people in Cambodia;

-- Endorse the Universal Declaration on the Human Genome and Human Rights adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) on 11 November 1997;

-- Call upon Governments and the international community to strengthen the emergency response capacity of the United Nations system and to continue to provide needed resources and operational support to refugees and countries of asylum in Africa; and

-- Stress the need for enhanced international human rights efforts to foster and effect the prompt and voluntary return of displaced persons and refugees in safety and dignity.

Introduction of the drafts on the enhancement of international cooperation in the field of human rights, and on the right to development, which was due to have taken place this afternoon, was postponed.

The Committee will meet again at 3 p.m. tomorrow, 19 November, to continue its deliberations.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to take action on texts concerning 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 (CIS) and relevant neighbouring States; the new international humanitarian order; and the Office of the United Nations High Commissioner for Refugees.

Also, drafts on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights; torture and other cruel, inhuman or degrading treatment or punishment; human rights and extreme poverty; the question of enforced or involuntary disappearances; the United Nations Decade for Human Rights Education, 1995-2004, and public information activities in the field of human rights; the situation of human rights in Iran; the situation of human rights in Haiti; the situation of human rights in Nigeria; the situation of human rights in Kosovo; and the follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform for Action.

It was also scheduled to hear the introduction of texts relating to assistance to refugees, returnees and displaced persons; situation of human rights in Cambodia; human genome and human rights; enhancement of international cooperation in the field of human rights; the right to development; and the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia.

Drafts for Action

Under the provisions of a draft text on the 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 (document A/C.3/53/L.52), the Assembly would invite all countries that have not yet done so to accede to and implement fully the 1951 Convention and the 1967 Protocol relating to the status of refugees. It would also call upon States and interested international organizations, in a spirit of solidarity and burden- sharing, to provide appropriate forms and levels of support for the practical implementation of the Programme of Action adopted by the Conference, and invite international financial and other institutions to contribute to the financing of projects and programmes within the framework of the implementation of the Programme of Action.

The Assembly would call upon Governments of the countries of the Commonwealth of Independent States (CIS), in cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR), the International

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Organization for Migration (IOM) and the Organization for Security and Cooperation in Europe (OSCE) to strengthen their efforts and mutual cooperation relating to the follow-up to the Conference, and welcome the positive results achieved by them in the implementation of the Programme of Action of the Conference.

Countries of the CIS would be invited to intensify bilateral and subregional cooperation in maintaining the balance of commitments and interests in the process leading up to the implementation of the Programme of Action, and their Governments would be called upon to continue to strengthen their commitments to the principles underpinning the Programme, in particular human rights and refugee protection principles.

The Assembly would welcome the progress made in building civil society, in particular through the development of the non-governmental sector, the development of cooperation between non-governmental organizations and the Governments of a number of countries of the CIS; and encourage the involvement of intergovernmental and non-governmental organizations in the follow-up to the Conference.

The draft is sponsored by Armenia, Austria, Belarus, Belgium, Canada, Denmark, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Japan, Kyrgyzstan, Luxembourg, Netherlands, Norway, Portugal, Russian Federation, Spain, Sweden, Tajikistan, Turkmenistan, United Kingdom and United States.

By terms of a draft on the new international humanitarian order (document A/C.3/53/L.54), the Assembly would invite Governments to make available to the Secretary-General information and expertise on humanitarian problems of special concern in order to identify opportunities for future action. The Assembly would also call on Governments and other actors to ensure strict adherence to accepted humanitarian norms and principles and to promote national and international legislation responsive to actual and potential humanitarian problems. The Independent Bureau for Humanitarian Issues would be invited to reinforce its activities and the Secretary-General would be requested to maintain contact with all actors.

The draft is sponsored by Azerbaijan, Bahrain, Bangladesh, Bosnia and Herzegovina, Cameroon, Central African Republic, Costa Rica, Côte d'Ivoire, Djibouti, Ecuador, Egypt, El Salvador, Guatemala, Honduras, Jordan, Kenya, Kuwait, Kyrgyzstan, Monaco, Morocco, Oman, Pakistan, Panama, Philippines, Qatar, Slovenia, Sudan, Turkmenistan, United Arab Emirates and Yemen.

By the terms of a 110-power draft resolution on the Office of the United Nations High Commissioner for Refugees (document A/C.3/53/L.55), the Assembly would condemn all acts that pose a threat to the personal security and well- being of refugees and asylum-seekers such as refoulement, unlawful expulsion

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and physical attacks, and call upon all States of refuge to take all necessary measures to ensure respect for the principles of refugee protection. It would also urge States to uphold the civilian and humanitarian character of refugee camps and settlements, by means including the prevention of infiltration of armed elements, and identifying and separating armed elements from refugees.

It would call upon States and all concerned parties to refrain from any actions that prevent or obstruct the staff of the Office of the High Commissioner and other humanitarian personnel from performing the functions required under their mandates and to take all possible measures to safeguard their physical security and property. States and relevant organizations would be further urged to support the High Commissioner's search for durable solutions to refugee problems, including voluntary repatriation, and integration in the country of asylum, reaffirming that voluntary repatriation is the preferred solution. They would be called upon to promote conditions conducive to the voluntary repatriation of refugees in safety and with dignity, including conditions furthering reconciliation and long-term development in countries of return, and to support the sustainable reintegration of returnees by providing countries of origin with necessary rehabilitation and development assistance.

In addition, the Assembly would urge States, in cooperation with the Office of the High Commissioner and other relevant organizations, to explore and fully support capacity-building initiatives as part of a comprehensive approach to addressing refugee issues, and to take necessary measures to promote sustainable development and to ensure the success of capacity-building activities. It would call upon them to adopt an approach that is sensitive to gender-related concerns, and would urge States and relevant parties to respect and to observe principles of international human rights, humanitarian and refugee law that are of particular relevance to safeguarding the rights of the child and adolescent refugees.

States would also be called upon to demonstrate their international solidarity and burden-sharing with countries of asylum through efforts aimed at continuing to alleviate the burden borne by States, in particular developing countries, countries in transition and countries with limited resources that, due to their location, host large numbers of refugees and asylum-seekers.

The draft is sponsored by Afghanistan, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Barbados, Belarus, Belgium, Belize, Benin, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Central African Republic, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea-Bissau, Guyana, Haiti, Hungary, Iceland,

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India, Ireland, Israel, Italy, Japan, Kenya, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Marshall Islands, Monaco, Morocco, Mozambique, Namibia, Netherlands, New Zealand, Niger, Nigeria, Norway, Panama, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Senegal, Sierra Leone, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Suriname, Sweden, Thailand, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Uganda, Ukraine, United Kingdom, United States, Zambia and Zimbabwe.

Under the provisions of a draft resolution on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (document A/C.5/53/L.22/Rev.1), the Assembly -- recalling that the effectiveness of the human rights treaty bodies in encouraging the realization by States parties of their obligations under United Nations human rights instruments requires constructive dialogue, which should be based on the reporting process and aimed at identifying solutions to human rights problems -- would emphasize the need to ensure financing and adequate staff and information resources for the operations of human rights treaty bodies. It would call upon the Secretary- General to make the most efficient use of existing resources and to seek the resources necessary to give those bodies adequate administrative support and better access to technical expertise and relevant information.

It would reaffirm the need for human rights treaty bodies to better complement each other in their work; welcome their continuing efforts aimed at streamlining and rendering more transparent their work; and urge the Secretary-General, the treaty bodies and the meetings of persons chairing the treaty bodies to continue to examine ways of reducing the duplication of reporting required under different instruments and of generally reducing the reporting burden on States parties. It would also take note with appreciation of the efforts of the persons chairing the treaty bodies to propose appropriate reforms of the reporting system.

The importance of providing technical assistance to a State, upon its request, in the process of ratifying human rights instruments and for the preparation of its initial reports would also be underlined.

The Assembly would reiterate its concern about the increasing backlog of reports on the implementation of human rights instruments; about delays in consideration of reports by the treaty bodies; and about the large number of overdue reports. It would again urge States parties to make every effort to meet their reporting requirements, and invite States parties that have been unable to comply with reporting requirements to avail themselves of technical assistance. They would also be urged to provide follow-up to the observations and final comments of the treaty bodies.

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The Assembly would decide to continue to give priority consideration, at its fifty-fifth session, to the conclusions and recommendations of the meetings of persons chairing human rights treaty bodies.

The draft is sponsored by Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Chile, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Georgia, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Portugal, Romania, San Marino, Slovakia, South Africa, Spain, Sweden and United Kingdom.

By terms of a draft resolution on torture and other cruel, inhuman or degrading treatment or punishment (document A/C.3/53/L.23), the Assembly would urge all States to become parties to the Convention against Torture as a matter of priority and to comply strictly with their obligations under it, including the submission of reports. It would urge States parties to the Convention to take fully into account the conclusions and recommendations made by the Committee against Torture after its consideration of their reports. The Assembly would stress the need for regular exchanges of views between all relevant parties with a view to enhancing effectiveness and cooperation on issues related to torture.

Requesting the Secretary-General to assist the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture in its appeal for contributions, the Assembly would further request the Secretary-General to ensure the provision of adequate staff and facilities for the bodies and mechanisms combating torture and assisting its victims. Further, the Assembly would invite countries to integrate matters related to the prevention of torture into their programmes and projects related to the training of security forces.

The draft is sponsored by Argentina, Australia, Austria, Azerbaijan, Belgium, Bulgaria, Canada, Chile, Costa Rica, Côte d'Ivoire, Cyprus, Czech Republic, Denmark, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Monaco, Morocco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Sweden, The former Yugoslav Republic of Macedonia and the United Kingdom, United States and Venezuela.

According to a statement on the financial implications of the above draft (document A/C.3/53/L.62), an additional provision would be required over and above the resources approved under section 22, Human rights, of the programme budget for the biennium 1998-1999. The additional requirements for the year 2000 would be dealt with in the context of the preparation of the proposed programme budget for the biennium 2000-2001.

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By terms of a draft on human rights and unilateral coercive measures (document A/C.3/53/L.33), the Assembly would urge all States to refrain from adopting or implementing unilateral measures not in accordance with international law and the Charter of the United Nations, in particular those of a coercive nature with extraterritorial effects. The Assembly would urge the Commission on Human Rights to take into account the negative impact of unilateral coercive measures, including enactment of national laws and their extraterritorial application, in its work regarding the right to development.

The United Nations High Commissioner for Human Rights would be requested to consider the resolution in her annual report to the General Assembly and the Secretary-General would be requested to solicit views regarding it. Also by the draft, the Assembly would examine the issue at its next session under the sub-item dealing with alternative approaches for enjoyment of human rights and fundamental freedoms.

The draft is sponsored by South Africa on behalf of the Non-Aligned Movement.

The General Assembly would reaffirm that extreme poverty and exclusion from society constitute a violation of human dignity and that urgent national and international action is therefore required to eliminate them, by the terms of a draft resolution on human rights and extreme poverty (document A/C.3/53/L.40). Further terms of the draft would also have the Assembly reaffirm that, in accordance with the Vienna Declaration and Programme of Action, it is essential for States to foster participation by the poorest people in the decision-making process in the communities in which they live, in the promotion of human rights and in efforts to combat extreme poverty.

It would emphasize that extreme poverty is a major issue to be addressed by Governments, civil society and the United Nations system, including international financial institutions, and would invite States, United Nations bodies, intergovernmental and non-governmental organizations to give appropriate attention to the links between human rights and extreme poverty.

The Assembly would also invite the United Nations High Commissioner for Human Rights, within the framework of the United Nations Decade for the Eradication of Poverty, to continue to give appropriate attention to the question of human rights and extreme poverty, and would decide to consider the question further at its fifty-fifth session.

The draft is sponsored by Antigua and Barbuda, Argentina, Azerbaijan, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Brazil, Burkino Faso, Burundi, Cameroon, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Dominican Republic, Ecuador, El Salvador, Ethiopia, Fiji, France, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, India, Israel, Italy, Japan, Madagascar, Mali, Mexico, Monaco, Mongolia, Morocco, Nepal, Niger,

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Pakistan, Panama, Paraguay, Peru, Philippines, Portugal, San Marino, Sierra Leone, Spain, Suriname, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkey, Ukraine, Uruguay and Venezuela.

By the terms of a resolution on the question of enforced or involuntary disappearances (document A/C.3/53/L.46), the Assembly would reaffirm that any act of enforced disappearance is an offence to human dignity and a grave and flagrant violation of human rights and fundamental freedoms. It would call upon Governments to take steps to ensure that, when a state of emergency is introduced, the protection of human rights is ensured, in particular as regards the prevention of enforced disappearances, and once again urge Governments concerned to take steps to protect the families of disappeared persons against any intimidation or ill-treatment to which they might be subjected. States would be encouraged to provide concrete information on measures taken to give effect to the Declaration on the Protection of All Persons from Enforced Disappearance, as well as obstacles encountered; States would be requested to consider disseminating the text of the Declaration in national and local languages.

Under further terms of the text, the Assembly would recall the importance of the Working Group on Enforced or Involuntary Disappearances, the primary role of which is to act as a channel of communication between the families of disappeared persons and the Government concerned; invite the Group to continue to identify obstacles to the realization of the provisions of the Declarations and to recommend ways of overcoming those obstacles; encourage the Group to continue to consider the question of impunity; and request the Group to pay the utmost attention to cases of children subjected to enforced disappearance and children of disappeared persons.

The Assembly would appeal to the Governments concerned to cooperate fully with the Group, and express its profound thanks to the many Governments that have cooperated with it. It would call upon the Commission on Human Rights to continue to study this question and to take any necessary steps in pursuing the tasks of the Group. It would renew its request to the Secretary-General to continue to provide the Group with all the facilities it requires to perform its functions. He would also be requested to keep it informed of the steps he takes to secure dissemination and promotion of the Declaration.

The draft is sponsored by Andorra, Argentina, Australia, Austria, Bangladesh, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Central African Republic, Chile, Côte d'Ivoire, Cyprus, Denmark, Fiji, Finland, France, Germany, Greece, Ireland, Israel, Italy, Luxembourg, Monaco, Netherlands, Norway, Republic of Korea, San Marino, Sierra Leone, Slovakia, Spain and United Kingdom.

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By the terms of a draft resolution on the United Nations Decade for Human Rights Education, 1995-2004, and public information activities in the field of human rights (document A/C.3/53/L.50), the Assembly would urge all Governments to contribute further to the implementation of the Decade's Plan of Action, in particular by establishing, in accordance with national conditions, broadly representative national committees for human rights education, taking into consideration the guidelines developed by the Office of the United Nations High Commissioner for Human Rights within the framework of the Decade. The Assembly would urge Governments to encourage, support and involve national and local non-governmental and community-based organizations in the implementation of their national plans of action.

Also by the draft, the Assembly would call upon Governments to accord priority to the dissemination in their relevant national and local languages of the Universal Declaration of Human Rights, the International Covenants on Human Rights and other human rights instruments, materials and training manuals, as well as reports of States parties under the human rights treaties, and to provide information and education in those languages on how national and international institutions and procedures may be utilized to ensure the effective implementation of those instruments.

The Assembly would also urge the Department of Public Information to continue to utilize United Nations information centres for the timely dissemination of basic information, reference and audio-visual materials on human rights and fundamental freedoms, including the reports of States parties under human rights instruments, and to ensure that the information centres are supplied with adequate quantities of those materials.

It would further stress the need for close collaboration between the Office of the High Commissioner and the Department of Public Information in the implementation of the Plan of Action and the World Public Information Campaign on Human Rights and the need to harmonize their activities with those of other international organizations such as UNESCO with regard to its project entitled "Towards a culture of peace" and the International Committee of the Red Cross and relevant non-governmental organizations, with regard to the dissemination of information on international humanitarian law.

The Assembly would call upon the international, regional and national non-governmental organizations and intergovernmental organizations, in particular those concerned with women, labour, development, food, housing, education, health care and the environment, as well as all other social justice groups, human rights advocates, educators, religious organizations and the media, to undertake specific activities of formal, non-formal and informal education, including cultural events, on its own and in cooperation with the Office of the High Commissioner, in implementing the Plan of Action. Governments and organizations would be urged to continue the human rights education and public information work undertaken in the context of the

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commemoration of the fiftieth anniversary of the Universal Declaration of Human Rights, such as the development of materials, the elaboration of programmes and the establishment of networks, beyond 10 December 1998, as called for by the Commission on Human Rights in its resolution 1998/45 of 17 April. The Assembly would encourage the Commission on Human Rights to consider jointly the question of the United Nations Decade for Human Rights Education, 1995-2004, and public information activities in the field of human rights, including the World Public Information Campaign on Human Rights.

The draft resolution is sponsored by Australia, Bangladesh, Belarus, Bolivia, Canada, Chile, Costa Rica, Ecuador, Ethiopia, Greece, Guatemala, Israel, Italy, Japan, Lesotho, Liberia, Mali, Mongolia, Morocco, Mozambique, Namibia, Netherlands, Nigeria, Panama, Paraguay, Republic of Korea, Slovenia, Solomon Islands, South Africa, The former Yugoslav Republic of Macedonia, United States and Zimbabwe.

By the terms of a draft resolution on the situation of human rights in Iran (document A/C.3/53/L.38), the Assembly would welcome the commitment made by the Government of that country to promote respect for the rule of law, including the elimination of arbitrary arrest and detention, and to reform the legal and penitentiary system, including the closure of detention centres outside the national prison system, and to bring it into line with international human rights standards in the field.

It would call upon the Government to continue its efforts and to abide by its freely undertaken obligations under the International Covenants on Human Rights and other international instruments on human rights, and to ensure that all individuals within its territory and subject to its jurisdiction, including persons belonging to religious minorities, enjoy all the rights enshrined in those instruments; to ensure that capital punishment would not be imposed for other than the most serious crimes, for apostasy, or otherwise in disregard of the provisions of the International Covenant on Civil and Political Rights and United Nations safeguards; and to make full use of technical cooperation programmes in the field of human rights. The willingness of the Government to introduce international human rights standards into the curricula of universities would be welcomed.

Also welcomed would be the interim report of the Special Representative of the Commission on Human Rights on the situation of human rights in Iran. The Assembly would take note of his conclusion that a political will exists to move Iranian society to a more tolerant and more peaceful condition but that, while some sectors are already benefiting from that progress, significant violations of human rights continue to occur. It would deplore the fact that no invitation has yet been extended to the Special Representative to visit the country. The Government would be called upon to extend an invitation to him and to resume its full cooperation with the Special Representative in the discharge of his mandate.

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The Assembly would welcome the more open debate in Iran on issues of governance and human rights, by further terms of the draft, as well as governmental efforts to make progress in the area of freedom of expression, while remaining concerned at instances of arbitrary closure of publications, widely reported cases of harassment and persecution of persons, including writers and members of the press. The more positive approach by the Government with regard to freedom of assembly, as well as the support given to the development of non-governmental organizations would be welcomed. The Assembly would express its hope that freedom for political activities will become more effective.

Concern would be expressed at the continuing violations of human rights in Iran, in particular executions in the apparent absence of respect for internationally recognized safeguards, the use of national security laws as a basis for derogating from the rights of the individual, cases of torture and cruel, inhuman or degrading treatment or punishment, including sentences of stoning and amputation, as well as the failure to meet international standards in the administration of justice and the absence of due process of law. Concern would be expressed at the discrimination against religious minorities and grave concern expressed at the unabated pattern of persecution against the Baha'is, in particular the execution and sentencing to death and arrests of members of the Baha'i community. The Government would be called upon to implement the recommendations of the Special Rapporteur of the Commission on Human Rights on religious intolerance relating to the Baha'is and to other religious minorities.

The resolution is sponsored by Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Spain, Sweden, United Kingdom and United States.

Under the provisions of a draft text on human rights in Haiti (document A/C.3/53/L.43), the Assembly would call upon the Haitian authorities to mobilize the political will for the pursuit of reform and for the strengthening of the judicial system and the improvement of the country's prisons. It would welcome the decision of the Government of Haiti to distribute throughout the country the report of the National Commission for Truth and Justice of February and to initiate legal action in serious cases; encourage it to continue its work on the reform of the judicial system and call upon all sectors of Haitian society concerned to adopt coordinated measures with a view to the enhancement of the justice system.

The Assembly would express its deep concern at the prolonged stalemate in the country which presents considerable risks for democracy, economic and social development and respect for human rights, and urge the authorities and

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political leaders to continue their efforts to resolve the crisis so that the appointment of a Prime Minister may be ratified by the Parliament without further delay. It would note with satisfaction the putting into operation by the Government of Haiti of the Office of Citizen Protection, and invite the United Nations High Commissioner for Human Rights to contribute to its strengthening, through a programme of technical support.

The international community would be invited to continue their involvement in the reconstruction and development of Haiti, having regard for the fragility of the political, social and economic situation of the country. The Government would be encouraged 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 of Civil and Political Rights.

The draft is sponsored by Andorra, Antigua and Barbuda, Argentina, Austria, Bahamas, Barbados, Bolivia, Canada, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Finland, France, Germany, Greece, Guatemala, Guyana, Haiti, Ireland, Italy, Japan, Luxembourg, Mexico, Monaco, Netherlands, Norway, Panama, Paraguay, Peru, Portugal, Spain, Sweden, United Kingdom, United States, Uruguay and Venezuela.

Under the terms of a draft on the situation of human rights in Nigeria (document A/C.3/53/L.51), submitted by the Chairman of the Committee on the basis of informal consultations, the General Assembly would welcome the announcement by General Abdulsalami Abubakar of a new programme of transition to civilian rule and note with satisfaction and fully support the commitment of the Government of Nigeria to fully restore democracy, the rule of law and respect for human rights. It would call upon all States and the organizations of the United Nations system to support generously the ongoing transitional process in Nigeria, in particular the electoral process and the strengthening of national capacity in the field of human rights.

It would welcome the fact that the Government is reviewing the remaining decrees and urge it to repeal urgently those which have an impact on the fundamental rights of its citizens, and would note with satisfaction the establishment of the Independent National Electoral Commission and the issuance of a detailed timetable for the election process.

It would welcome the invitations extended by the Government of Nigeria to the United Nations, the Organization of African Unity, the Commonwealth and the European Union to provide electoral assistance and observe the elections; the declared commitment of the Government to protect freedom of expression, particularly freedom of the press; and the release of political prisoners, including the 20 detainees from Ogoni.

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The Assembly would also stress that the establishment and strengthening of national structures and institutions in the field of human rights are of utmost importance, and commend the National Human Rights Commission for its work.

By further terms, the Assembly would welcome the decision of the European Union, the Commonwealth and the Government of the United States to start lifting sanctions on Nigeria in the light of progress made. It would call upon the Government of Nigeria to abide by its freely undertaken obligations under international human rights instruments, and to follow up the recommendations in the interim of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Nigeria. It would also welcome the invitation extended to the Special Rapporteur to visit the country.

By the terms of a draft resolution on the situation of human rights in Kosovo (document A/C.3/53/L.61), the Assembly would call upon the Government of the Federal Republic of Yugoslavia to respect fully all human rights and fundamental freedoms and to abide by democratic norms, especially in regard to respect for the principle of free and fair elections, the rule of law, the administration of justice, free and fair trials and the promotion and protection of free and independent media. The Assembly would call upon the authorities of the Federal Republic of Yugoslavia and the ethnic Albanian leadership in Kosovo to condemn acts of terrorism, denounce and refrain from all acts of violence, encourage the pursuit of goals through peaceful means, and respect international humanitarian law and international human rights standards.

The authorities of the Federal Republic of Yugoslavia and the Kosovo Albanian leadership would be urged to enter immediately into a meaningful dialogue, without preconditions and with international involvement, and to commit themselves both to a clear timetable, leading to an end of the crisis, and to a negotiated political settlement of the issue of Kosovo. The current efforts aimed at facilitating such a dialogue would be welcomed. The Assembly would strongly condemn the overwhelming number of human rights violations committed by the authorities of the Federal Republic of Yugoslavia, the police and military authorities in Kosovo, in breach of international humanitarian law including the Geneva Conventions of 1949 and Protocol II to the Conventions relating to the protection of victims of non-international armed conflicts, including summary executions, indiscriminate and widespread attacks on civilians, the taking of civilian hostages, torture and other cruel, inhuman or degrading treatment. The authorities of the Federal Republic of Yugoslavia would be called upon to take all measures necessary to eliminate those unacceptable practices.

The Assembly would condemn the violence by armed ethnic Albanian groups, in particular against non-combatants, including kidnappings and would strongly

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condemn the denial of appropriate access to Kosovo of non-governmental organizations, the manipulation and denial of relief and basic foodstuffs, and the denial of medical care to wounded civilians. It would call upon the authorities of the Federal Republic of Yugoslavia to take all measures necessary to eliminate those unacceptable practices.

The Assembly would deeply deplore the killing of humanitarian aid workers, as reported by the Secretary-General, and would call upon all parties, in particular those of the Federal Republic of Yugoslavia, to clear the area of all landmines and booby-traps and to work with the relevant international bodies to that end. Further, the Federal Republic of Yugoslavia would be called upon to establish a local police force in Kosovo under local or communal direction; to abide by the principle that no person will be prosecuted in state courts for crimes related to the conflict in Kosovo, except for crimes against humanity, war crimes and other crimes covered by international law; to allow complete, unimpeded access to Kosovo for all forensic experts of the International Criminal Tribunal for the Former Yugoslavia, to examine the recently alleged atrocities against civilians; to mitigate the punishments of and where appropriate to amnesty the ethnic Albanians in Kosovo sentenced for criminal offenses motivated by political aims; and to respect fully all the rights of individuals in Kosovo, whatever their ethnic, cultural or religious backgrounds, so as to guarantee equitable treatment of their values and historic patrimony and so as to preserve and permit expression of their national, cultural, religious and linguistic identities in accordance with international standards and the Helsinki Final Act.

The Assembly would further call upon the authorities of the Federal Republic of Yugoslavia to open to public observation all trials or criminal prosecutions against all those charged in relation to the conflict in Kosovo, and would also call upon those same authorities to make possible the establishment of genuine democratic self-governance in Kosovo, through a negotiated political settlement with representatives of the ethnic Albanian community, as called for by the Security Council in its resolutions, to include executive, legislative and judicial bodies and police, and in so doing to respect the rights of Kosovar Albanians and all who live in Kosovo, and expresses its support for an enhanced status for Kosovo, which would include a substantially greater degree of autonomy.

The Assembly would call upon the authorities of the Federal Republic of Yugoslavia and armed Albanian groups to refrain from any harassment and intimidation of journalists; to work closely with and support the mission to Kosovo of the Personal Representative of the Chairman-in-Office of the OSCE and with the Kosovo Verification Mission; to investigate and prosecute in all cases where so warranted, notably those cases concerning its personnel, anyone suspected of torture and ill-treatment of persons held in detention; and to release all political prisoners, to allow unimpeded access by non-governmental

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organizations and international observers to those prisoners who remain in detention, and to cease the persecution of political leaders and members of local human rights organizations.

Further, the Assembly would call upon the Federal Republic of Yugoslavia and ethnic Albanian leaders to allow for and facilitate the free and unhindered return to their homes, in safety and dignity, of all internally displaced persons and refugees, and express its concern about reports of continuing harassment or other impediments in that regard. It would also call upon that Government and all others concerned to guarantee the unrestricted access of humanitarian organizations and the United Nations High Commissioner for Human Rights to Kosovo.

The Assembly would demand that the authorities of the Federal Republic of Yugoslavia and the Kosovo Albanian leadership and all others concerned cooperate fully with the Tribunal and honour all of their obligations towards it, by providing full and free access to Kosovo for the investigators of the Tribunal. It would request the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia to monitor closely the situation of human rights in Kosovo, to pay special attention to Kosovo in his reporting and to report his findings to the Commission on Human Rights at its fifty-fifth session and to the General Assembly at its fifty-fourth session.

The draft resolution is sponsored by Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Costa Rica, Denmark, Djibouti, Finland, France, Germany, Greece, Hungary, Ireland, Israel, Italy, Japan, Jordan, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Slovenia, Spain, Sweden, United Kingdom and United States.

By the terms of a draft resolution submitted by the Chairperson of the Third Committee on the basis of informal consultations on the follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform for Action (document A/C.3/53/L.27), the General Assembly would call once again on States and all other actors to implement the Platform for Action, in particular by promoting an active and visible policy of mainstreaming a gender perspective at all levels.

It would stress that Governments have the primary responsibility for implementing the Platform for Action, and should take a leading role in coordinating, monitoring and assessing progress in the advancement of women. It would also urge them to establish or strengthen appropriate national machineries for the advancement of women at the highest political level.

It would welcome the progress achieved and call for further intensified efforts at the international level to integrate the equal status and all human

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rights of women into the mainstream of United Nations system-wide activity, and to address those issues regularly and systematically throughout relevant Untied Nations bodies and mechanisms.

The Assembly would direct all its committees and bodies and draw the attention of other bodies of the Unites Nations system to the need to mainstream a gender perspective systematically into all areas of their work, in particular such areas as macroeconomic questions, operational activities for development, poverty eradication, human rights, humanitarian assistance, budgeting, disarmament, peace and security, and legal and political matters. It would also request the Economic and Social Council to ensure that gender mainstreaming is an integral part of all its activities concerning integrated follow-up to recent United Nations Conferences.

By further terms of the draft, the Assembly would call upon States to take action to fulfil the commitments for the advancement of women and for the strengthening of international cooperation made at the Fourth World Conference on Women, and reaffirm that adequate financial resources should be committed at the international level for the implementation of the Platform in developing countries, in particular those in Africa and the least developed countries.

Member States would also be called upon to allocate sufficient resources for the provision of data disaggregated by sex and age for undertaking gender impact analyses in order to develop successful national implementation strategies for the Platform for Action. It would be stressed that full and effective implementation of the Platform for Action will require a political commitment to make available human and financial resources. Member States would be invited also to encourage non-governmental organizations, the private sector and other institutions to mobilize additional resources to facilitate the full implementation of the Platform.

The Assembly would further call upon Member States to commit themselves to achieving gender balance by aiming at that goal in the composition of delegations to the United Nations and other international forums, and by presenting, promoting and appointing women candidates to all government- appointed committees, boards and other relevant official bodies. It would reiterate that the special session of the General Assembly, which will take place from 5 to 9 June 2000, should review and appraise progress, and decide that the special session shall be entitled "Women 2000: gender equality, development and peace for the twenty-first century". It would invite the Commission on the Status of Women, acting as the preparatory committee for the special session, to propose the agenda and documentation for the event.

The Secretary-General would be requested to report annually to the General Assembly, the Commission on the Status of Women and the Economic and

Third Committee - 17 - Press Release GA/SHC/3511 49th Meeting (PM) 18 November 1998

Social Council on follow-up to and progress in implementation of the Beijing Declaration and Platform for Action.

Drafts for Introduction

By the terms of a draft resolution submitted by the United Republic of Tanzania, on behalf of the African Group of States, on assistance to refugees, returnees and displaced persons in Africa (document A/C.3/53/L.53), the Assembly would urge States and the international community to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence of armed elements. The Assembly would express deep concern at the serious and far-reaching consequences of large numbers of refugees and displaced persons in the receiving countries and the implications for security, long-term socio-economic development and the environment.

The Assembly would call upon the Office of the High Commissioner for Refugees and other concerned entities to intensify protection activities by, among other things, supporting the efforts of African Governments through appropriate capacity-building activities, including training of relevant officers, disseminating information about refugee instruments and principles and providing financial, technical and advisory services to accelerate the enactment or amendment and implementation of legislation relating to refugees. It would appeal to Governments, the United Nations, intergovernmental and non- governmental organizations and the international community to create conditions to facilitate the voluntary return in safety and dignity and the early rehabilitation and reintegration of refugees, and would also appeal to the international community to respond in the spirit of solidarity and burden- sharing, to the third-country resettlement requests of African refugees.

The Assembly would call upon the Office of the High Commissioner to continue to work closely with the Organization of African Unity (OAU) and Member States at identifying solutions to all outstanding refugee problems. It would express concern about the long stay of refugees in certain African countries and would call upon the Office of the High Commissioner to keep its programmes under review in conformity with its mandate in the host countries, taking into account the increasing requirements there. The Assembly would urge the international community to continue to fund the general refugee programmes of the Office of the

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