Anti-racism conference proposed during six-week session.

Six weeks of intense deliberations on the current state of human rights in the world took place at the fifty-first session (30 January-10 March, Geneva) of the UN Commission on Human Rights. In one notable move, the Commission asked the General Assembly to consider convening a world conference against "racism, racial and ethnic discrimination, xenophobia and other related contemporary forms of intolerance". The Special Rapporteur on contemporary forms of racism was also asked to make concrete recommendations at national, regional and international levels.

Human rights situations in the crises-torn former Yugoslavia and Rwanda prompted strongly-worded texts on the part of the Commission, which also instituted measures for the continued study of a broad range of specific human rights areas, encompassing indigenous people. women, children, development and others.

New special rapporteurs--on Burundi and on toxic waste dumping in Africa and other developing countries--were called for, as was an independent expert on Haiti. A number of new human rights mechanisms, including units and focal points within the UN Centre for Human Rights, were established.

In all, some 2,000 people participated in the Commission's session. A total of 93 resolutions and 15 decisions were adopted, including texts concerning more than a dozen countries.

Outgoing Commission Chairman Peter P. Van Wulfften Palthe of the Netherlands said that as long as human rights violations continued, the Commission's work had to continue. "The Commission is not for the benefit of delegates or their Governments, rather it is for the millions of victims of human rights violations the world over". The body's ultimate goal--the complete eradication of human rights violations--should never be forgotten.

A `plethora of issues'

New Chairman Musa bin Hitam of Malaysia said the plethora of issues before the Commission required "conscientious and careful deliberations". Members should use their expertise and resources to enhance the body's work.

More than 900 statements were presented, including those by UN High Commissioner for Human Rights lose Ayala Lasso on the deteriorating human rights situation in Burundi, and by the Special Rapporteur on Violence against Women, Radhika Coomaraswamy.

The Commission, in terminating it consideration of apartheid, congratulated the South African people on having laid the foundations for a new, non-racial, democratic country. A series of resolutions were adopted on human right in the Middle East, including a call for Israel to withdraw from occupied territories.

Delegates also focused attention on follow-up to the 1993 World Conference on Human Rights. In his first annual report, High Commissioner Ayala Lasso said progress towards securing human rights for all people worldwide, in cooperation with Governments, national institutions and nongovernmental organizations, would continue to be his principal objective.

Three official statements by the Commission Chairman were approved, which called for an immediate ceasefire in Chechnya, expressed concern over continued reports of human rights violations in East Timor, and commended the Government of Sri Lanka for protecting human rights, while condemning abuses in that country by the Liberation Tamil Tigers of Eelam.

The Commission decided to hold its 1996 session from 18 March to 26 April.

High on the session agenda was consideration of situations in many States and regions, including Afghanistan, Bougainville in Papua New Guinea, Burundi, Cambodia, Cuba, Equatorial Guinea, Haiti, Iran, Iraq, southern Lebanon and the western Bekaa, Myanmar, Rwanda, Sudan, Togo, Western Sahara, the former Yugoslavia and Zaire. Proposed action on China, Nigeria and the United States was not taken.

In reaffirming that regional arrangements "play a fundamental role in promoting and protecting human rights and should reinforce universal human rights standards", States in areas where such arrangements did not yet exist were invited to consider concluding agreements on establishing suitable machinery. UN efforts to strengthen cooperation with regional and national institutions were endorsed.

Regional workshops on human rights issues held in the Asian and Pacific regions were welcomed, as were the establishment of national human rights commissions by India and Indonesia, and preparatory steps by other Governments in those regions.

In that spirit, the Commission encouraged creation or strengthening of national human rights institutions, with high priority to be given to Member States' aid requests. A proposal to convene the third International Workshop of National Institutions for the Promotion and Protection of Human Rights at Manila from 18 to 21 April 1995 was welcomed.

A 44-operative paragraph resolution deplored the continued refusal by the Federal Republic of Yugoslavia (Serbia and Montenegro) and the "self-proclaimed" Bosnian Serb authorities to permit the Special Rapporteur to conduct investigations in territories under their control.

In extending the Rapporteur's mandate for another year, the Commission voiced its strong condemnation of specific violations identified by him, "most of which are committed in connection with the systematic policy of `ethnic cleansing' and genocidal acts" in the areas controlled by the self-proclaimed Serb authorities. Among violations cited were mass killings, torture, rape and other sexual abuses committed against women and children.

Primary responsibility for most human rights violations in the Federal Republic was to be borne by the leadership in territory under Serb control and by political and military leaders there, the Commission stated.

It also reaffirmed that all persons who perpetrate or authorize violations of international humanitarian law were individually accountable and should be brought to justice. In that connection, the expanding activities of the International Tribunal were applauded.

The Government was also urged to allow the expert member of the Working Group on Enforced and Involuntary Disappearances, who had submitted his first report on the special process on missing persons in the territory of the former Yugoslavia, to visit Belgrade and disclose all relevant information on missing persons.

The Commission condemned the genocide which had occurred in Rwanda, as well as rights violations and abuses during the conflict, and the kidnapping and killing of personnel of the UN and other humanitarian organizations.

The 53-member body condemned the incitement by Burundi's media to ethnic violence and invited Government authorities to cooperate in an inquiry into rights violations stemming from an attempted 21 October 1993 coup d'etat. The Commission Chairman was asked to appoint a Special Rapporteur.

The Haitian Government was called upon to improve the administration of justice and the prison system, implement the recommendations of the Special Rapporteur and create "favorable conditions" for the reconstruction and development of Haiti. An independent expert was requested to assist in the area of human rights.

Alleged human rights violations in Iraq were condemned. The body expressed deep concern at reports of continued serious human rights violations in the Sudan and deplored a lack of cooperation with the Special Rapporteur.

The Commission urged all Afghan parties to intensify efforts to achieve a comprehensive political solution leading to the cessation of armed confrontation and the establishment of a democratic government elected through free and fair elections, based on the right to self-determination of the people of Afghanistan.

In closed meetings, the Commission examined the human rights situations in Albania, Armenia, Azerbaijan, Chad, Lao People's Democratic Republic, Latvia, Republic of Moldova, Rwanda, Slovenia, Thailand and Uganda It discontinued consideration of situations in Albania, Lao People's Democratic Republic, Moldova, Rwanda, Slovenia, Thailand and Uganda.

In a text on the Middle East peace process, the Commission emphasized that the achievement of a comprehensive and lasting peace in the region was vital for the full implementation of human rights there, and called on the Human Rights Centre to provide, on request, its programme of advisory services and technical assistance to the Palestinian Authority, the establishment of which was also welcomed. The Commission also urged Israel to abstain from putting any settlers or prevent any new installation of settlers in the occupied territories.

The end apartheid

In concluding consideration of South Africa, the Commission terminated the mandate of the Special Rapporteur to monitor the transition to democracy in South Africa and suspended meetings of the "Group of Three"--representatives of Ecuador, Romania and the Philippines--which monitored implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid.

Secretary-General Boutros Boutros-Ghali was invited to "do his utmost" to establish a focal point for the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination 11994-2004).

The Human Rights Commission asked for creation of a UN programme unit to promote economic, social and cultural rights, in particular those related to the debt burden of developing countries and implementation of the right to development, as well as a study of special problems faced by developing countries in efforts to achieve those rights.

Underscoring the right to development as universal and inalienable, the Commission asked for follow-up on the 1986 Declaration on the Right to Development. The Economic and Social Council should dedicate a high-level segment to evaluating implementation of the Declaration within the UN system, it said.

In a text on human rights and the environment, the Commission asked for follow-up to the 1992 Rio Declaration on Environment and Development and "Agenda 21". In asking for publication of the final report of the Special Rapporteur of the Subcommission on Prevention of Discrimination and Protection of Minorities, it stressed the importance of access, on favourable terms, to the transfer and development of environmentally sound technologies, especially to developing countries.

Support for the work of a Special Rapporteur on adequate housing was asked. The Commission also wanted a new Special Rapporteur on the relationship between the enjoyment of human rights, in particular, economic, social and cultural rights, and income distribution at national and international levels.

Condemning gender-based violence

On 8 March--International Women's Day--the Commission condemned all acts of gender-based violence against women and emphasized the duty of Governments to prevent and punish such acts, take appropriate and effective action, and provide access to effective remedies and specialized assistance to victims.

Intensified efforts at the international level were also called for. in order to "integrate the equal status of women and the human rights of women into the mainstream of United Nations system-wide activity': In a decision on traditional practices affecting the health of women and children, it was recommended that the Special Rapporteur's mandate be extended for two years.

With women and children constituting some 80 per cent of most refugee populations, the Commission, in acting on mass exoduses, asked the Office of the UN High Commissioner for Human Rights to speed work on an interim report of the Special Rapporteur on violence against women, who recommended ways to improve the security and design of camps. The Special Rapporteur was also asked, in a separate resolution, to consider violence perpetuated against women migrant workers.

Clearly alarmed at the practices of selling children, child prostitution and child pornography, the Commission renewed the mandate of its Special Rapporteur in those areas for three years.

Worried over the continued enlistment of children in armed forces, it also asked for work on a possible optional protocol to the 1989 Convention on the Rights of the Child concerning the involvement of children in armed conflicts. Delegates also voiced concern at the killing of and violence against street children.

Work was to continue as well on a draft optional protocol to the 1989 Convention dealing with the sale of children, child prostitution and child pornography. The Commission urged Governments to adopt measures to eradicate those practices, and the General Assembly, through the Economic and Social Council, to consider basic measures other than a possible protocol.

The lack of response from some Governments regarding enforced and involuntary disappearances was deplored. A special working group, acting as "a channel of communication between families of the disappeared persons and the Governments concerned': had requested the information and made recommendations in this regard. Special attention was asked for cases involving children.

An appeal was made to States to consider bilateral and multilateral arrangements to protect the rights of persons belonging to national or ethnic, religious and linguistic minorities in their countries. Creation of an inter-sessional working group to promote minority rights was requested.

Delegates agreed on a final programme of activities for 1995 in the framework of the International Decade of the World's Indigenous People 11994-2004i. Elaboration of a draft declaration on the rights of indigenous peoples was asked. A workshop was suggested on establishing a permanent forum for indigenous peoples in the UN system.

Action was also taken on the protection of the heritage of indigenous people, as well as on treaties, agreements and other constructive arrangements between States and indigenous populations.

Speaking before the Commission, Rigoberta Menchu Tum--winner of the 1992 Nobel Peace Prize and a member of the Quiche tribe of Guatemala--warned that indigenous peoples were in danger of extinction in certain countries. She echoed calls for a permanent mechanism for monitoring indigenous peoples rights and asked that the resolution of conflicts involving them be promoted.

Declaring that the World Programme of Action concerning Disabled Persons to the Year 2000 and Beyond provided a "firm and innovative framework for disability-related issues': the Commission sought appropriate support for a long-term strategy for the Programme's implementation.

It also called on States to ensure that their laws, policies and practices respect the human rights standards of people living with human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS), and to take steps to combat discrimination relating to HIV/AIDS.

Delegates are to consider at the 1996 session of the Commission establishing an open-ended working group on a third optional protocol to the 1966 International Covenant on Civil and Political Rights, aimed at guaranteeing the right to a fair trial.

An initial report from the Special Rapporteur on the independence of judges and lawyers was welcomed. The High Commissioner for Human Rights was asked to develop strategies to ensure effective coordination of technical cooperation in the field of juvenile justice.

The convening of an expert meeting to study non-derogable rights in states or situations of emergency was urged, as was creation of a database on states of emergency and related human rights questions. Also called for was a study on habeas corpus, to be carried out by the Minorities Subcommission.

An appeal was again issued to Member States to respect the rights and ensure the protection of UN staff members and other personnel acting under the authority of the UN who were under detention, and of their families.

Negotiations continued on a draft optional protocol to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In extending the mandate of the Special Rapporteur on torture for three years, the Commission asked for recommendations concerning prevention of gender-specific forms of torture and the torture of children.

Other action

In other action, the Commission:

* Stating its grave concern over the large number of situations where internal violence caused extensive suffering and breaches of the principles of humanity, invited States to review their national legislation relevant to situations of public emergency.

* Decided not to proceed with a proposal for a study on the implications for human rights of UN action, including humanitarian assistance.

* In reiterating an "unequivocal condemnation" of terrorism, exhorted States to take all measures to prevent terrorist acts. The increasing number of innocent persons, including women. children and the elderly, who were killed, massacred and maimed by terrorists in indiscriminate and random acts of violence and terror, "cannot be justified under any circumstances", it stated.

* Urged States to prevent mercenaries from using their territories to destabilize a sovereign State, and requested extension for three years of the mandate of its Special Rapporteur.

* Asked for formulation of a draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms.

* In a text on "bioethics", invited Governments and international bodies to report on activities to "ensure that the life sciences develop in a manner respectful of human rights and beneficial to humanity as a whole':

Delegates also called for rejection of the use against developing countries of unilateral coercive measures that were in clear contradiction of international law, "with the purpose of exerting, directly or indirectly, coercion on the sovereign decisions of the countries" subject to those measures. A report on such measures was requested. (That text was adopted by a roll call vote of 24 to 17, with 12 abstentions. Some dissenters objected because it dealt with commercial relations between States and not with human rights.)