Commission confronts 'new realities'; 109 texts adopted at six-week session.

The UN Commission on Human Rights, at its fiftieth session, encountered both breakthroughs and difficulties in adapting its focus to what have been described as the "new realities" of a "new era in human rights" that emerged during the landmark World Conference on Human Rights, held in Vienna in June 1993.

Many hoped, according to Commission Chairman Peter Van Wulfften Palthe of the Netherlands, that the outcome of the Vienna Conference "would spill over into the Commission and make our work here a bit easier". in some cases, he continued, the Commission had adapted to those new realities.

But on many other issues, he said in a closing statement on 11 March, "it seemed that old disagreements were more marked because of a sort of negotiating fatigue". In general, "our aims should be succinct, but also far-reaching". He urged continued attempts "to make the words produced here matter to those suffering from atrocities and deprivation".

On 3 March, new High Commissioner for Human Rights Jose Ayala Lasso promised impartiality and objectivity, stating he would not be motivated by undesirable selectivity or inappropriate political considerations. He would invite all Governments as soon as possible to open their doors to him "so that all human rights issues could be considered in a frank and unbiased way". Among his chief concerns were the rights of women, children and indigenous peoples, as well as the issues of arbitrary detention, torture and the right to free expression.

Those issues figured prominently among the 109 resolutions and decisions adopted at the six-week session (31 January-11 March, Geneva). The Commission established a new post of Special Rapporteur to investigate violence against women; created a working group to elaborate guidelines for a possible draft optional protocol on the sale of children, child prostitution and child pornography; urged priority consideration for establishing a permanent forum for indigenous people; and cited a system of periodic visits by independent experts to places of detention as a highly effective way to prevent torture.

Conference follow-up

In following up the results of the 1993 World Conference, the Commission reaffirmed the urgency of eliminating denial and violations of human rights, and decided to review annually the progress towards full implementation of the Conference's two important documents: the Vienna Declaration and the Programme of Action.

It endorsed Conference recommendations supporting a comprehensive UN programme to help States strengthen national structures, which have a direct impact on the overall observance of human rights and the maintenance of the rule of law. The Commission also urged completion by 1995 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.

Global issues

Delegates demonstrated a growing concern over the global issues of development, environment and human rights aspects of changing geopolitical circumstances, especially in South Africa and the Middle East.

The Commission condemned for the first time anti-Semitism in a text on contemporary forms of racism. A Special Rapporteur was to examine "incidents of contemporary forms of racism, racial discrimination, any form of discrimination against blacks, Arabs and Muslims, xenophobia, negrophobia, anti-Semitism and related intolerance".

The dismantling of apartheid and the democratic elections in South Africa prompted the Commission to replace its long-standing agenda item entitled "Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa" with "Monitoring and assisting the transition to democracy in South Africa". A Special Rapporteur was to undertake two missions to that country in 1994 to gain further insights into the whole process of transition to democracy.

South African authorities were urged to repeal remaining discriminatory apartheid laws and expedite measures to speedily and unconditionally abolish all the remaining "homelands" and reincorporate them in South Africa.

Situations in the Middle East and the former Yugoslavia continued to prompt Commission action. The continual refusal of the Bosnian Serb authorities to permit the Commission's Special Rapporteur to investigate in the territory under their control was condemned, and concern for serious human rights violations in Croatia was expressed. The Commission noted an improvement of the situation in Slovenia and decided that it should be excluded from the work of the Special Rapporteur, whose mandate was extended for one year.

The rape and abuse of women in the areas of armed conflict in the former Yugoslavia was strongly condemned and outrage was expressed that rape was being used as a weapon of war and of ethnic cleansing.

The Commission also strongly condemned human rights violations committed by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) against ethnic Albanians in Kosovo.

Vulnerable groups, minorities

Alarmed at persistent reports that massive violations of children's rights continued worldwide, particularly those related to the sale of children, child prostitution and child pornography, the Commission set up two groups to develop guidelines for a draft optional protocol on those issues and to elaborate a draft Optional Protocol to the 1989 Convention on the Rights of the Child. The Commission endorsed recommendations to strengthen preventive strategies to tackle the root causes of those practices.

Grave concern was expressed at the plight of street children and the serious consequences of armed conflicts for children.

The mandate of the Special Rapporteur on traditional practices affecting the health of women and children was extended, so that a plan of action to eliminate such practices could be ready this year.

Work was to proceed on a draft Declaration on the rights of indigenous people, to reflect the value and diversity of cultures and the forms of social organization of indigenous people. Plans for an International Day of Indigenous People were to be considered.

The Special Rapporteur on cultural and intellectual property of indigenous peoples was to expand her study, with a view to elaborating draft principles and guidelines for the protection of the heritage of indigenous peoples. A second progress report was asked on the study on treaties, agreements and other constructive arrangements between States and indigenous populations.

States were urged to cooperate fully with the Special Rapporteur to monitor implementation of the 1993 Standard Rules on the Equalization of Opportunities for Persons with Disabilities.

The Commission also called on States to ensure the full enjoyment of civil, political, economic, social and cultural rights by people with acquired immune deficiency syndrome (AIDS). A review of national legislation and practice should be made to ensure the right to privacy of those people.

States were further urged to take constitutional, legislative, administrative and other necessary measures to promote the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; to ratify the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and to contribute to the UN Voluntary Trust Fund on Contemporary Forms of Slavery. Ways to establish an effective mechanism for implementing the various Conventions on slavery should be pursued.

Right to development

Calling for the heads of international financial institutions to be invited to participate actively in the activities of the working group on the right to development, the Commission urged the working group to consider policies that would help create an international economic climate more responsive to the needs of developing countries. Foreign debt payments should not take precedence over people's basic rights to food, shelter, clothing, employment, health services, and a healthy environment, the Commission affirmed in another resolution.

Recognizing that environmental damage had potentially negative effects on human rights and the enjoyment of life, health and a satisfactory standard of living, the Commission stated that the right to development should be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.

Financial institutions were to be asked to consider organizing an expert seminar on their role in the realization of economic, social and cultural rights. States were called upon to involve representative trade union organizations in effective processes of popular participation and development.

The Commission approved the organization of a seminar on extreme poverty and denial of human rights, to be held by 17 October 1994--the International Day for the Elimination of Poverty.

Detainees, allegations

Expressing concern at the extensive occurrence of detention of persons who exercised their right to freedom of opinion and expression, the Commission appealed to all States to ensure respect and support for the rights of those persons. It deplored the fact that some Governments had not acted on the recommendations by the working group on enforced disappearances and urged them to give serious consideration to inviting the working group to visit their countries.

The Commission recommended that interrogation of detainees should take place only at official interrogation centres and should be duly recorded, and that the blindfolding or holding of detainees during interrogations should be absolutely forbidden.

Governments were called upon to heed the recommendations of the working group on arbitrary detention, and provide more resources to institutions concerned with the administration of justice.

Member States were also urged to: provide adequate and prompt information concerning the arrest and detention of UN personnel and their families; take measures to prevent, combat and eliminate terrorism; and refrain from adopting any unilateral coercive measure not in accordance with international law and the UN Charter which created obstacles to trade relations among States.

The Commission recommended that whenever armed civil defence forces were created to protect the civilian population, Governments should establish minimum legal requirements for them, including voluntary recruitment, accountability and assurance that any human rights violations by such forces be subject to the jurisdiction of civilian courts.

The Commission called for the appointment of a Special Rapporteur to, among other duties, inquire into allegations related to the independence and impartiality of the judiciary and make recommendations for progress in protecting and enhancing their independence.

Special Rapporteurs were asked to continue work on; human rights and states of emergency; human rights and mass exoduses; the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination; promoting the realization of adequate housing; the human rights dimensions of population transfer; and implementation of the 1981 Declaration on the Elimination of All Forms of intolerance and of Discrimination Based on Religion and Belief.

Thematic Special Rapporteurs and working groups were asked to include in their reports gender-disaggregated data and to address the characteristics and practice of human rights violations directed against women. The final report of an independent expert regarding the right to property was commended, particularly the information on the failure in many parts of the world to protect the rights of women to own property.

The Secretary-General's Special Representative on internally displaced persons was called upon to propose ways of setting up a more coherent system of data collection on the situation of such persons.

Human rights bodies, instruments

The Commission stressed the importance of avoiding the erosion of human rights by derogation and urged States Parties to the International Covenants on Human Rights to fulfil their reporting obligations under the Covenants. It urged States to develop programmes and books on human rights for teaching in primary and secondary education, and called for recommendations to improve the efficiency and coordination of various mechanisms for supervision, monitoring and investigation of implementation of treaty obligations entered into by States regarding human rights.

Governments were urged to refrain from all acts of intimidation or reprisal against persons who cooperated with UN human rights bodies; who availed themselves of procedures established under UN auspices; who submitted communications under procedures established by human rights instruments; and who were relatives of victims of human rights violations.

The Commission decided to establish a focal point within the UN Centre for Human Rights to be responsible for reviewing activities carried out during the Third Decade to Combat Racism and Racial Discrimination (1993-2003). The Centre was asked to finalize its comprehensive review of the programme of information and publications in human rights, including elaboration of a new information strategy.

It asked the Secretary-General to give high priority to the establishment of a computerized database to improve the efficiency of treaty bodies and to encourage successor States to confirm their obligations under the international human rights treaties to which their predecessors were a party.

Meetings planned

The Commission endorsed the holding of an Asia-Pacific regional meeting for the promotion and protection of human rights in 1994 in Seoul, Republic of Korea, and requested the convening of a third international workshop on national institutions for the promotion and protection of human rights during 1995 in either Latin America or Asia.

At the conclusion of the wide-ranging and substantial body of action taken during the session, Ibrahima Fall, Assistant Secretary-General for Human Rights, stated on 11 March that there was "no doubt that if their efforts had not been enough to eradicate, with a magic wand, the grave and massive human rights violations throughout the world, they had more modestly, but also more surely, contributed to the creation, maintenance and revival of the hope of man persons and groups which counted on the United Nations for the preservation of their basic freedoms and inalienable rights".